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Home My WebLink AboutMINUTES - 01011968 - Sup Rec Vol 218 Rv � oR5 UPS � cc- D5 lop VOLUMC SUBDIVISIONS COMPLETED (unincorporated area) 3591, Walnut Creek area 3687, Pittsburg area 3602, Lafayette area 3688, Lafayette area 3605, Rheem area 3691, Lafayette area 3610, Pinole area 3692, Moraga area 3609 , Danville area 3696, Rheem area 3613, Shore Acres area 3702, Danville area 3634, City of Walnut Creek 3705, Moraga area 3636, Danville area 3706, Danville area 3648, San Ramon area 3712, Alamo area 3651, Danville area 3714, Danville area 36532 Byron area 3715, Danville area 3654, Danville area 3717, Concord area 3659, City of Clayton 3719, Brentwood area 3677, Tara Hills area 3721, San Ramon area 3680, Moraga area 3726, Concord area 3681, Burton area 3727, Danville area 3682, Burton area 3730, Danville area 3683, Burton area 3731, Pinole area 3686, Lafayette area 3732, Knightsen area STORED: REED INDEZ #_ MAP #� Boa #�` 3737, Walnut Creek area 3891, Brentwood area 3738, Lafayette area 3892, Danville area 3745, Moraga Area 3895, Moraga area 3746, Moraga area 3898, San Ramon area 3750, Knightsen area 3900, San Ramon area 3757, El Sobrante area 3908, Danville area 3758, West Pittsburg area 3933, Moraga area (3761 thru 3841 on another card) 3951, Danville area 3852, Moraga area 3953, Walnut Creek area 3856, San Ramon area 3963, Rheem area 3861, Pinole area 3986, Walnut Creek area 3862, Danville area 3989, Danville area 3866, Rheem area 3999, West Pittsburg area 3869, San Ramon area 4005, Rheem area 3870, Bethel Island area 4011, Clayton area 3872, Danville area 4012, Clayton area 3876, Moraga area 4013, Clayton area 3885, Shore Acres area 4015, Clayton area 3887, Knightsen area 4022, Danville area 3888, Tassajara area 4029, San Ramon area SUBDIVISIONS COMPLETED (unincorporated area) 4030, Alamo area 4192, San Ramon area 4041, Alamo area 4206, Byron area 4042, Danville area 4210, Shore Acres area 4055, Moraga area 4221, Danville area 4058, Rheem area 4225, Walnut Creek area 4076, Byron area 4227, Danville area 4077, Byron area 4233, Pleasant Hill area 4086, Byron area 4239, Danville area 4092, Alamo area 4243, Danville area (private imp. ) 4109, Danville area 4245, Danville area 4110, Walnut Creek area 4285, Rheem area 4111, Shore Acres area 4349, San Ramon area 4112, Walnut Creek area 4363, Orinda area (Private imp. too) 4117, Rheem area 4367, Alamo area 4122, Rheem area 4376, Alamo area 4131, Walnut Creek area 4386, Rheem Valley area (private) 4155, Danville area 4465, Concord area 4165, Walnut Creek area 4497, Alamo area 4167, Oakley area 4504, Clayton area STORED: REEL #_&L0_INDEX # _MAP #_ BOX #_ a the Board of Supervisors of Contra Costa County, State of California March 26 , 196_L In the Matter of Exoneration of tax bonds on Tract Rose 3671, City of Antioch; 3591, Valnut Creek area and 3470, Danville area. The Office of the County Tax Collector having advised that county taxes for the fiscal year 196;-1968 on property included in Tract ;ios. 3671, 3591, and 3470 have been paid in full, and said office having requested that the tax bonds filed with this office guaranteeing payment of the 1967-1968 tax liens on each of the said tracts be exonerated as follows: Tract No, 3671 - Tax bond Noe B-510340 in the amount of $5,000 issued by United Pacific Insurance Company, with Gentrytown, a limited partnership, as principal; Tract Wo. 3591 - Tax bond No. B-52641.4 in the amount of $10,500 issued by United Pacific Insurance Company, with McGah and Bailey, a partnership, as principal; and Tract No. 3470 - Tax bond No. 8-510348 in the amount of $1,800 issued by United Pacific Insurance Company, with Oliver L., Richard W., Anne V. Moulds, et al, as principal; NOW.. THEREFORE, on motion of Supervisor T. J. Coll, seconded by Supervisor J. E. Moriarty, ;T IS BY THE BOARD ORDMI ED that the bonds as set forth above be and the same are hereby 000TZERATED. The foregoing order was passed by the following vote of the Board: AYES: Supervisors James E. Moriarty, Thomas John Coil, Edmund A. Linscheld, Alfred 14. Dias. NOES: None. ABSENT: Supervisor James P. Kenny. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Tax Collector Witness my hand and the Seal of the Board of Redemption Officer Supervisors County Administrator affixed ;his 26th day of March , 196 8 United Pacific Insurance W. T. PAASCH, Clerk Company 351 California Street BY -- Deputy Cie k H24-10/67.5M Sar. Francisco, Calif. Dorodiy Lazzarini 94 104 t� UNITED PACIFIC INSURANCE GROUP ® SAN FRANCISCO BRANCH.351 CALIFORNIA STREET SAN FRANCISCO. CALIFORNIA 94104 March 18, 1968 County Tax Collector County Court House Martinez, California Dear Sir: RE: SUBDIVISION TAX BOND NO. B-526414 McGah and Bailey, a Partnership This Company is surety on the captioned bond, executed on or about April 27, 1967 in connection with Tract 3591, Contra Costa County, Fairway Park. We would appreciate it if you would advise us whether or not these tars have been paid and our bond exonerated. A stamped self-addressed envelope is enclosed for your convenience in replying. Yours very truly, UNITED PACIFIC INSURANCE COMPANY By BOND DEPARTMENT t M. Grime March 19, 1968 The 1967-68 taxes on the property included in Tract 3591 have been paid in full. 41e.are, on this date, notifying the County Clerk that tAe bond can be exonerated. - Z ep • UNITED PACIFIC INSURANCE COMPANY • UNITED PACIFIC LIFE INSURANCE COMPANY • CASCADE INSURANCE COMPANY • UNI-PAC CORPORATI11 In the Board of Supervisors Of Contra Costa County, State of California June 20 In die Maher of Subdivision No. 3591, Walnut Creek. This Board, by order of June 13, 1967, having released and assigned to the City of Walnut Creek Subdivision Agreement, sureties, inspection fee and cash bond relative to Subdivision 3591, now located Within said city; On motion of Supervisor A. M. Dias, seconded by Supervisor T. J: Coll, IT IS Si'THE BOARD ORDERED that the County Auditor is hereby DIRECTED to transfer to said City of Walnut Creek lighting fee in the amount of $852, as evidenced by Auditor's Pemit No. 57925 dated April 27, 1967. The foregoing order was passed by the following vote of the Boards AYES: Supervisors James P. Kenny, Alfred M. Dias# Jaass E. Moriarty, Thomas John Coll, Bdsnnd A. Linscheid, NOES: None. ABSENT: Now. k I hereby cwtifp that the foregoing is a true and correct copy of an order eon the minis of said Boo rd of Supervisor on the dote aforesaid. cc: Public Works (4) Witnm my hand and the Sed of the Board of Auditor Supervisors City of Walnut Creek affixed 20th � of June . 196 7 4c,.Q„� W. T.! PAASCH, Clerk G Dquoy C6rk MswsaaeM Olive E. Stillson n In the Board of Supervisors of Contra Costa County, State of California June 13 196= In the Matter of Subdivision No. 3591, Walnut Creek. The Public Works Director having advised the Board of Supervisors that Subdivision No. 3591, t:alnut Creek area is now located within the City of Walnut Creek, and having requested that the Board release and assign to said City of Walnut Creek the following: Subdivision Agreement and sureties, inspection fee, and cash bond; On motion of Sunervisor A. :4. Dias, seconded by Supervisor J. E. Moriarty, IT IS BY THE BOARD ORDEM D that said Subdivision Agreement, sureties, inspection fee, and cash bond be and the same are hereby RM ASED and ASSICPJED to the City of Walnut Creek with the stipulation that the City will perfozm all necessar7 inspection in connection with said subdivision; and IT IS "rUP.Tf:E ORDERED that the County Auditor is hereby DIRECTED to transfer said inspection fee in the amount of $6,176.81 and cash bond in the amount of $500 (both of which are evidenced by Auditorrs Permit No. 57925) to said City of Walnut Creek. The foregoing order was passed by the folloTwing vote of the Board: AYES: Supervisors Alfred 1-1. Dias, James E. Moriarty, Thomas John Coll, Dimund A. Linscheid. NOES: None. ABSENT: Supervisor Janes P. Kenny. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors an the date aforesaid. Witness my hand and the Seal of the Board of cc: Public Works (1t) Supervisors Auditor , June 7 City of :dalnut Creek affixed this- --day of , 196_ McJah and Bailey W. Li PAASCH, Clerk United Pacific Insurance Co. By Deputy Clerk Administrator M24-2167-ISM Olive :;. S�ili5nn IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 3591, Walnut Creek j RESOLUTION NO.67/326 Area* WHEREAS a map entitled Tract 3591 , property located in the Walnut Creek , having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no,unpaid County taxes heretofore levied on the property included in the map and that the current 1966-1967 tax lie has been paid in full, and estimate of the 1967-1968 tax lien, which beepme a lien on the first i#onday of March, 1967, Is $10,500; and Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4, Title 8, of the County Ordinance Code; to wits Surety bonds issued by United Pacific Insurance Company with McQah and Bailey as Principal, as follows= Labor and Nateriala in the amount of $205,900, and Faithful Performance, $2059400 and a $500 cash deposit (Auditor's Permit 11o. 57925 dated April 27, 1967); and Cash deposits as follews3 $504 to be credited to the Contra Costa County Consoli- dated Fire District to cover fire hydrant rental fee; $852 to be credited to County Service Area Lighting District L-18 to cover energizing feel $2,124 to be credited to Special Drainage Fund No. 8122 to cover the Drainage Zone 22 acreage fee; and Tax Bond in the amount of $10,500, issued by United Pacific Insurance Company, guaranteeing payment of estimated 1967-1968 tax; Subdivision agreement between McGah and Bailey, subdivide3x and the County of Contra Costa, wherein said sub- divider agrees to complete road and street improvements, etc., in said subdivision within one year from the date of said agreement; _ RESOLUTION NO. b7/326 Form X23 e NOW, THEREFORE, BE IT RESOLVED that said bondf and deposits and the amounts thereof be and the same are hereby BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept on behalf of the public any of the streets, roads, avenues, or easements shown thereon as dedicated to public use. PASSED AND ADOPTED this 2nd day of May , 196L, by the following vote of the Board: AYES: Supervisors James Po Kenny, Alfred Ko Dias, James Ee Moriarty, Thomas John Coll, £dsund Ae Linschoido NOES: None. ABSENT: None. cc: Public Works (3) County Auditor Highway Planning McGah and Bailey CEP,TIFIED COPY I certifv that this is a fall, true f- correct copy of the ori;-it:1i dnrument which is on file in my office, and that it v-::s a,lorlted by the Board of r`^ 1? n•: Of Co=:tn County. California, on ;ttr_ {late :.'• ci`.:�. ,1'! fly:T: AV. T. PAASCH, county clerk�e:ti-officio clerk of said Board of Supervisors, bydeputyclerk. LL/1t1 on s 7 RESOLUTION NO. 67/326 Form #23, Pg. 2 P A Ji PUBLIC WORKS DEPARTMENT PUBLIC W SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKK S DIRECTOR CHIEF DEPUTY PUBLIC WORKS-DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 229.3000 DEPUTY PUBLIC WORKS DIRECTOR Pray 2, 1967 Subdivision 3591 F I L E D MAY.2) -1967 Honorable Board of Supervisors W. T. PAASCH Administration Building CLEF-C BOARD CF SUPERVISORS Martinez,artinez, California cr y� cs A COEAAJ7 D" Gentlemen: ~ There is submitted for your approval the map of Subdivision 3591 in Supervisorial District IV in the Walnut Creek area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is fray 2, 1968. 2. A Surety Bond in the amount of 5205,400.00 and a $500.00 cash deposit (Auditor's permit No. 57925 dated April 27, 1967) which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond in the amount of $205,900.00. 4. Letter from Tax Collector's office stating that there are no unpaid County taxes on the property, and that the 1967- 68 tax, which became a lien on the first Monday of march, 1967 is estimated to be 510,500.00. 5. Tax Bond in the amount of "510,500.00 guaranteeing payment of estimated 1967-68 tax. 6. 5504.00 has been deposited andis to be credited to the Contra Costa County Consolidated Fire District to cover fire hydrant rental fee. t 7. $852.00 has been deposited and;is to be credited to County Service Area Lighting District L-18 to cover energizing fee. B. $2,124.00 has been deposited and is to be credited to Special Drainage Fund No. 8122 to cover the Drainage Zone 22 acreage fee. Honorable Board of Supervisors . - -2- May 2, 1967 _ The map is submitted for filing by the subdivider (McGah and Bailey, 12 Orinda 'Way, Orinda, California) under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR ':J. SAUER Public Works Director 6y V. L. Cline Assistant Public t�!orks Director Highway Planning VLC:mj cc: Title Company Planning Department Construction Division EMMftT HITCHCOCK LORRAINE K. PLAN2 COUNTY TREASURER-TAX COLLECTOR PRINCIPAL CLERK TAX COLLECTOR'S OFFICE PHONE 228.3000 EXT. 363-306-387 CONTRA COSTA COUNTY ' FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA FIRST INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF NOVEMBER ON THE TENTH DAY OF APRIL SECONDDUE INSTALLMENT PAYABLOF E TAXES March 28, 1967 BECONO 1 11TALL DENT OF TAXES ANDON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF DECEMBER RECEIVED MAY 2 1967 W. T. PAASCH CLERK BOARD OF SUPERVISORS CON COSTA C_O. Br ` Drpt" This will certify that I have examined the map of the proposed subdivision entitled: TFLAXT NG. 3591 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1966-67 tax lien has been paid in full. Our estiaate of the 196748 tax lien, which became a lien on the first Monday of March , 19621, is 4 10,500.00. EMM HITCHCOCK Redemption Officer By: Duty dl i F I L E Df BOND AGAINST -TAXES [,/AY 271967 W. T. PAASCH KNOW ALL MEN BY THESE PRESENTS•' CLERK GWD CF SUPERVISORS y T ACSTA COUNTY By f4� Deputy THAT McGah and Bailey, a partnership , as principal and (Surety) unTED PACIFIC ikisuRumE compma , a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in California as surety are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of TEN THOUSAND FIVE HUNDRED Dollars ($ 10,500.00---- ), to be paid to the said County of Contra Costa, for the payment of which well and truly to be made, we and each of us bind ourselves, our heirs, executors, administrators and successors, jointly and severally , firmly by these presents. Sealed -with our seals and dated this 27th day of The conditions of the above obligation is such that WHEREAS, the above bounded principal is about to file a map entitled Subdivision 3591 F and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said Tract of land covered by said map, which taxes and special assessments collected as taxes, are not as yet due or payable. NOW, THEREFORE, if the said principal _ shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said map, at the time of the filing of said map of said Tract, then this obligation- shah. be void and of no effect. Otherwise it shall re- main in full force and effect. Mc G� a d Bai yj a partnership BN Partner a Principal— j , r nc pa TRITrIlEn / S B �----- ACKNOWLEDGEMENT William R. Krueger, attorney in fact (BY SURETY) State of California ss: County of Contra Costa On April 27 1957before me, the undersigned, a Notary Public in and for said County,personelly appeared William R. Krueger known to me to 6e the person whose name is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that_he subscribed the nome of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h_1&_ own name as Attorney-in-Fact. OFFICIAL SEAL • . ANN KRUEGER rte:' NOTARY PUBLIC-CALIFOP.NIA u ^w PiRINCIPnL OFFICE IN CONTRA COSTA COUNTY ; _.......................................................... My Commission expires May 21 Notary Public in and for said County B-2004 California- Jurat (Attorney-in-Fact Acknowledgment) Rev. 1.65 • IMPROVEMENT SECURITY BOND (Faithful Performance, AND Labor & Materials) (Calif. Bus. & Prof. Code Sec. 11612; Contra Costa County Standard Form) 1. OBLIGATION. McGah and Bailey, a partnership as Principal, and (Surety) UNITED PACIFIC INSURANCE COMPANY a corporation organized and existing under the lairs of the State of Washington and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance) TWO HUNDRED FIVE THOUSAND FOUR HUNDRED Dollars (' x400.00 } for itself or any City-assignee pursuant to the subdivision contract referred to below, plus (B - Labor & Materials) TWO H MRF.I) WTVF TT11JSANn NTNF MINDRRF,n Dollars PQ 5 O ) for the use and benefit of persons entitled thereto under Californ a Business and Professions Code Section 11612. 2. RECITALS. The Principal contracted with the County on April 271, 1967 to install and pay for street improvements, tract drainage, and other Improve- ments as required by the County's Ordinance Code and the approved improvement plan of Subdivision No. 3591 , as per map now being filed with the County's Recorder, and to complete said work within one year from said date, in accordance with applicable State laws, County ordinances and rulings thereunder. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section I-(A) above shall become null and void; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligatipn as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent to make such alterations without further notice to or consent by Surety is hereby given; and the Surety hereby waives the provisions of Calif. Civil Code Sec. 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken; and agrees that if County sues on this bond Surety will pay reasonable attor- ney's fees as fixed by the court to be taxed as costs and included in the judgment. SIGNED AND SEALED on April 27, 1967 PRINCIPAL SURE'T'Y McGah and Bailey, a partnership UNITED PAACIF-IC I COMPANY By -W William R. Kru -� �e e , Attorne in Fact �3E � �3E 3E �E •lE dE d(- �E -lE �E -x State of California ss. County of (ACKNOWLEDGMENT BY SURETY) On the persons) whose name(s) is/are signed above for Surety and who is known to me tc be the Attorney(s)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Surety and his/their own name(s) as its Attorneys)-in-Fact. F11 17- D Notary Public for said C yfflhdm0-T1-aTW Imp. Sec.Bond,CCC Std-Form) MAY 2 -1967 HP-15;Rev.8-64;500) W. T. PAASCN CLERK ISOM Cf StMEI1It"I 4!1�TRA TA QOUNTY �rDNw�r ,to of California ss, County of Contra Costa Countv On�A=il 27 r 1961, before me, the undersigned, a Notary Public in and for said County, personally appeared Wi12 iSM P- Krueger known to me to be the person whose name is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that_he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h-IL- own name as Attorney-in-Fact. ......... . ..OFFICIAL SEAL ANN KRUEGER UDTA iY?U5L?C CALi.ORNIA - CONTRA COSTA CC7l NTN 'Ay Commission expires 1�RY 21 19 69 Notary Public in and for said County -2004 California - Jurat (Attomey-in-Fact Acknowledgment) Rev. 1-65 l� s SUBDIVISION AGREEMENT (Bus. & Prof. Code Secs. 11611 & 11612) ( Contra Costa County Standard Form) I. Parties and Purpose. The County of Contra Costa, a political subdivision of the State of California, hereinafter called "County", and McGah and Bailey, a partnership hereinafter called "Subdivider", mutually agree that Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs and fire hydrants, and all improvements as required by the County Ordinance Code, as amended, especially Divi- sion 4 of Title 8 (Sections 8400 and following), and all improvements required in the approved improvement plan of Subdivision 3591 , as per map now being filed with the County 's Recorder; and Subdivider shall complete said work within one Year from date hereof as required by the Subdivision Map Act of the State of California (Business and Professions Code Section 11500 et seq. ) , and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder. II. Costs. Subdivider shall pay when due the costs of all said improvements and work, and of relocating existing utilities when neces- sitated by said work, and of inspecting all such improvements and work. III. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. IV. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, in accordance with the provisions of Business and Professions Code Sec . 116121, deposit as security with the County: (1) the sum of $500 cash; together with . . . . . . . . . . . . ( 2) (A - Faithful Performance) additional security for at least the total estimated cost of the improvements and work less $500, to wit: Two HUNDRED FIVE THOUSAND FOUR HUNDRED Dollars ( $ 205,400.00 ) in the form of a cash deposit, a certified or cashier 's check, or an acceptable corporate surety bond guaranteeing its faithful performance (Subdiv. Agrmt. , CCC Std. Form) -1- r. of this agreement, plus (B - Labor' & Materials) another such additional security in the full amount of said estimated cost, to wit: TWO HUNDRED FIVE THOUSAND NI14E HUNDRED Dollars ( $205,900-00 ) securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them or to the Subdivider for the improvements or work. V. Assignment. If, prior- to County's acceptance of these improvements, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing it. VI. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as onecomplying with State laws and County ordinances. DATED /7c7 y z�! y 6 T COUNTY OF CONTRA COSTA SUBDIVIDER: (See note below) n By McGah and Bailey, a partnership Chairman of t e Boar4ttf Supervisors ATTEST: W. T. PAASCH By PAftr County Clerk and ex-officio Clerk sign 44CA capaci y of the Board of Supervisors in the usiness) By �' Deputy Note to Subdivider: ( 1) Execute acknowlegement form below; and �2� if a corporation, attach a certified copy of (a) the by-laws, or bthe resolution of the Board of Directors, authorizing execution of this contract and of the bonds required hereby. State of Califoorni )ss (Acknowlegement by Corporation County ofPartnership or Individual) On „9.� ��,'Y the person( s) whose name(s) is/are signed nove for Sabaivid(�r and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it . �........................................OFFICIAL SLAL .............. ANN KRUEGER 3 0<. NOTARY PUBLIC-CALIFORNIA ANN KQUEGER PRINCIPAL OFFICE IN N a 1 c ' o said County an tate CONTRA COSTA COUNTY rSubdiv. Agrmt. CCC Std. Fo§m ANN K UEGER y ' F ILED HP-9; Rev. 8-64;500) ommission Escp;re M.3y 20, 196 FORIM APPPDVFD —2— NW — 21557 JOHN _r;:;cD'Y. .l ST. W. T. PAASCH CLERK DOARD CF sUPERV1l0111 / � NT C TA COUNTY Ey _;.,:.� ,.. �.... ___. ay . Deputy `I I pow IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion of ) Improvements in Subdivision 3602, } RESOLUTION N0. 67/666 Lafayette Area. ) WHEREAS the Public Works Director having notified this Hoard ?' of the completion of improvements in the subdivision hereinafter listed as provided in the agreement heretofore executed by this Board in con- junction with the filing of the subdivision map, Tract 3602, Lafayette area; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establish- ing a terminal period for filing of liens in cass of action under said Subdivision Agreement: Date of Subdivision Agreement Subdivision 3602, Lafayette area September 14, 1966 (Hartford Accident and Indemnity Company - Bond No. 3903895) ; and The County Auditor is hereby AUTHORIZED to refund to T. J. Whitten, 850 Rosedale Avenue, Lafayette, the $500 cash deposited as surety under the Subdivision Agreement as evidenced by Auditor's Receipt No. 5311.15 dated September 14, 1966 . There were no streets constructed to county standards. PASSED AND ADOPTED this 19th day of September, 1967, by the following vote of the Board: AYES: Supervisors James P. Kenny, Alfred M. Dias, Thomas John Coll, Edmund A. Linscheid. NOES: None. ABSENT: Supervisor James E. Moriarty. CE FtT:FIED CU"Y cc : Recorder [ certify that this is a full. trite & correct copy of Public Works (L} ) the original docvme^t v: uch on fil:- is m^ Office, and that it was o.n. Board of Auditor , Ca fornia, on Supervisors of Cort-- •`'•qty '.'c=,T'-'•• �� Subdividerthe date sho�:m. .� "1 F; :': !�'• T. PAAS�H, county Bonding Company clerk&ex-officio tier!:of said Board of Supervisors, by deputy clerk. J '3'1 �1� -✓ �2-1. )9 Se-7. ------- - --- _ __ __on — -� -— RESOLUTION NO. 67/666 IN THE BOARD OF SUPERVISORS OP CONTRA CJSTA COUNTY, STATS OF CALIFORNIA In the batter of Approval of ) Subdivision Map of Tract 3602, ) RESOLUTION NO. 5549 Lafayette Area. ) WHEREAS a man entitled Tract 3602, property located in the Lafayette area, having been presented to this Board for approval, said map having been certified by the proper officials and being accompa- nied by a letter from the Redemption officer stating that there are no unpaid hunty taxes heretofore levied on the property included in the map, and that the current 1965-66 tax lien has been paid in full, and that the 1966-67 tax lien, which became a lien on the first Monday of March, 1966, is estimated to be $7001 and The Public Works Director having filed With the Clerk of the Board the following bonds and deposits to guarantee the completion of road and street improvements as required by Division 4, Title 6, of the County Ordinance Code, to vita Tax bond in the amount of 1700 With T-Alliam L Whitten and Carol Whitten, his wife, and Thomas J, Whitten and Patricia Whitten, his wife, as principal, and Hartford Accident and Indemnity Company as surety, guaranteeing payment of the estimated 1966-67 taxes! and The following surely bonds (Bond No, 3903895), issued by Hartford Accident and Indemnity Company, With Thomas J, Whitten and William L, Whitten, as principal: Faithful Performance bona in the amount of 43,400, and Labor and Materials bond in the anount of $309000 guaranteeing completion of road and street improvements! 500 cash deposit (Auditorls Receipt No, 53145, dated September 14, 1966): and Subdivision Agreement between sailliam L, Whitten and Carol Whitten, his wife, and Thomas J, Whitten and Patricia Whitten, his wife, subdivider, and the County of Contra Costas wherein said sub- divider agrees to complete road and street imprownrents, etc,, in said subdivision within one year from the date of said agreement! NQK* THEREFORE, BE IT RESOLVED that said bonds and deposit and the amounts thereof, together with the Subdivision Agreement, be and the same are hereby APPROVED and the Chairman of this Board is AUTHORIZED to execute said Agreement, BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept on behalf of the public any of the streets, roads, avenues, or easements shown thereon as dedicated to public use. RESOLUTION NO. 5549 i r PASSED At3T3 ADOPTED this 27th day of September• 1966, by the following vote of the Board James E. MO=tarty AYES a Supervisors Alfred. I�iDiDias,s# Li�cheld, Thomas John Coll, Edmund James P. Kennyi NOFs$ N*ne. ABSENT& None. r -.•n1rtBD C(UPY t:..r Grr•r a jrtl, lrtr �7'.•nrrret coy,of tAr .: +rh;ci+ ;. a•. f.': ,., .p o(l;cr, and trj E+th, A,ard o'3aper- ,,, w'j Ccwta yarn.`,, C`a rfarnie. on A, works (3} i::r rr.,crt. '1 rS i: W. i". PA ASCH cornt,d##4 cc= Publicrte. ,.'facia drrrl �/ .sid B",d aj 8r/r.,.irorr,h Planning Guarantee Cm any Western Title Guar MMN INTM NrNrMrNrNNlrrrM RESOLUTION NO. 5549 i EMME"HITCHCOCK ~ r LORRAINE K. PLAN; COUNTY TREASURSR.TAx COLLECTOR PRINCIPAL CLERK TAXCOLLECTOR'S OFFICE 7, PHONE 228.5000 EXT. 3e5_,.e_707 CONTRA COSTA COUNTY r FIRST INSTALLMENT OF TAXES F MARTINEZ, CALIFORNIA FIRST INSTALLMENT OTAXES DUE AND►AYASLt - DELINQUENTS " ON THE FIRST DAY OF NOVEMBER ON.THE TENTH DAY OF APRIL SECOND INSTALLMENT OF TAX" September 14, 1966 SECOND INSTALLMENT OF TAXES DUE AND►AYASL[ - DELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE TINT"DAY.OF DECEMBER - ?his will certify that I have =@mined the"map of the proposed subdivision entitled: TRACT NO. 3642 and have determined fne the official tax reowds that there are no unpai3 County taxes heretofore levi on the property included in the slap. The current tax lien has been paid in full. Our estiaate of the tax lieu, which becar a lien on the first lfordy of March, 1966 is = 700 _. INK1T HITCHCOCK Redemption Officer dl kEM IUM ON THIS • • BOND IS $59.00 IMPROVE14E4T SECURITY BOND BOND 3903895 (Faithful Performance, AND Labor & Materials) (Calif. Bus. & Prof. Code Sec. 11612; Contra Costa County Standard Form) 1. OBLIGATION. THOMAS J. (MITTEN and WILLIAM L. WHITTEN as Principal, and (surety) HARTFORD ACCIDENT AND INDEMNITY COMPANY a corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A Faithful Performance) THIRTY-FOUR HUMORED AND NO/100 Dollars ($3400-00 ) or itself or anyCity-assignee pursuant to the subdivision contract referred to below, plus (B - Labor & Materials) THIRTY-MIME HUNDRED AND NO/100 -------------- - Dollars ($3900.00 ) for the use and benefit of persons entitled thereto under California Business and Professions Code Section 11612. 2. RECITALS. The Principal contracted with the County on to install and pay for street improvements, tract drainage, and other improve- ments as required by the County's Ordinance Code and the approved improvement plan of Subdivision No. 3602 , as per map now being filed with the County's Recorder, and to complete said work within ONE (1) YEAR from said date, in accordance with applicable State laws, ounty or nances and rulings thereunder. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent to make such alterations without further notice to or consent by Surety is hereby given; and the Surety hereby waives the provisions of Calif. Civil Code Sec. 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney's fees as fixed by the court to be taxed as costs and included in the judgment. SIGNED AND SEALED on SEPTEMBER 14, 1966 PRINCIPAL SURETY n ,r c� A Ik . HARTFORD ACCIDENT AND INDEMNITY COMPANY XTh9q s ),Whitt By ✓� William L. Whitten R. DAVID SUESS, ttor�-r in Fact State of California County of Alameda ; ss' (ACKNOWLEDGMENT BY SURETY) On September 14, 1966 the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorneys)-in-Fact for this Coorate Surety, personally appeared before me and acknowledged to me that he7they signed the name of the Corporation as Surety and his/their own name(s) as its Attorriey(s)-in-Fact. Notary-Public for said County and State Imp. Sec.Bond,CCC Std.Form) MANOME R sm W-15;Rev.8-64;500) My Commission Expires April 17,1968 - RAARIORIE R. SAA':T' NOTA.Y rug lc-c?.:.I-c.t:NA i PP.INOPAI OFF1 tai ALAl1E]A COUNTY Irl BOND 3903995 BOND AGAINST TAXES • KNOW ALL MEAL BY THESE PRESENTS: WILLIAM L. WHITTEN and CAROL WHITTEN, his wife, and THOMAS J. THAT WHITTEN and PATRICIA WRITTEN. his wife , as principal and HARTFORD ACCIDENT AND INDEMNITY COMPANY surety as gX *mare held and firmly bound unto the County of Contra Costa, State of' California, in the penal sum of Seven Hundred and no/100 Dollars ($ 700_00 ), to be paid to the said County of Contra Costa, for the payment of which well and truly to be made, we and each of us bind ourselves, our heirs', executors, administrators and successors, jointly and severally, firmly by these presents. Sealed with our seals and dated this 21ST day of SEPTEMBER �9 66 The conditions of the above obligation is such that WHEREAS, the above bounded principal is about to file a -map entitled Subdivision 3602 and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said Tract of land covered by said map, which taxes and special assessments collected as taxes, are not as yet due or payable. NOW, THEREFORE, if the said shall pay all of the taxes and special assessmen s collected as taxes which are a lien against said tract of land covered by said map, at the time of the filing of said map of said Tract, then this obligation shall be void and of no a ct. Qth ise it '-shall ` - main in full force and effect. _�- Wi l am L Whittenn x C of Whitten Thomas J. Whitten Patricia Whitten r nc pa HARTFORD ACCIDENT AND INDEMNITY COMPANY Premium on this bond is $10.00 Surety By State of California ss. R. DAVID SUESS, Attorney in Fact County of Contra Costa H� xA= ft � i4tnljUx1RXSXxx5U *xk*xkAxftx x@iFR ie x-oLltxnakixAxnxSECx oa cxxxa cxxxxx3aS#Rnxml i!x Sftx*X* li *yjtxS x&i�SSS i[xf� x Subscribed and sworn to 11KIb IN before me this day 1W"V �K of , V' 19(1 COMM COSTA CCw�m NOTARY P=M COSTA=ON 1 rr ..n...... NOV.a,M J SUBDIVISION AGREEMENT (Bus. & Prof. Code Secs. 11611 & 11612) ( Contra Costa County Standard Form) I, Parties and Purpose. The County of Contra Costa, a political subdivision of the State of California, hereinafter called "County", WILLIAM L. WHITTEN and CAROL WHITTEN, his wife, and and THOMAS J_ WHITTEN and PATRICIA WHITTEN. his wife hereinafter called "Subdivider", mutually agree that Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs and fire hydrants, and all improvements as required by the County Ordinance Code, as amended, especially Divi- sion 4 of Title 8 (Sections 8400 and following), and all improvements required in the approved improvement plan of Subdivision 36op , as per map now being filed with the County's Recorder; and Subdivider shall complete said work within one year from date hereof as required by the Subdivision Map Act of the State of California (Business and Professions Code Section 11500 et seq. ), and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder. II. Costs. Subdivider shall pay when due the costs of all said improvements and work, and of relocating existing utilities when neces- sitated by said work, and of inspecting all such improvements and work. III. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. IV. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, in accordance with the provisions of Business and Professions Code Sec. 11612, deposit as security with the County: (1) the sum of $500 cash; together with . . . . . . . . . ( 2) (A - Faithful Performance) additional security for at least the total estimated cost of the improvements and work less $500, to wit: Thgee TbaitisaQH boom KundrAd Dollars ( $ 31.nn nr) ) in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond guaranteeing its faithful performance (Subdiv. Agrmt. , CCC Std. Form) -1- of this agreement, plus (B - Labor & Materials) another such additional security in the full amount of said estimated cost, to wit: Three Thousand Nine Hundred Dollars ( $ 3900.00 ), securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them or to the Subdivider for the improvements or work. V. Assignment. If, prior to County's acceptance of these improvements, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing it. VI. In consideration hereof'. County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as onecomplying with State laws and County ordinances. DATED September 14, 1966 CO TY OF CONTRA COSTA SUBDIVIDER: See note below) ByNA444_" 1 r �W� irman o the ar Supervisors m illiaL. Whitten Carol A T: W. -T. PAASCH County Clerk and ex-officio Clerk of the Board of SupervisorsDtxitRxkDt�#wl By0rte//� � LI&A— i1u/�1e Deputy Thomas J Whitten -Patricia Whitt-.-- Note hitt-Note to Subdivider: ( 1) Execute acknowlegement form below; and �2� if a corporation, attach a certified copy of (a) the by-laws, or bthe resolution of the Board of Directors, authorizing execution of this contract and of the bonds required hereby. State of California (Acknowlegement by Corporation � � County of G3ss Partnership or Individual) On y0, /,?,(- */;- , the person( s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. �ga�t patw�a� NOTUT MACK Comm C"NG~ Notary Public for said County and State RP-9; ubdiv, AgrmtCCC Std. Form) MONOPam Rev. 8-A;500) APPRovF-D AS TO FORM Np)AnCOMPACMACaM JOHN A. P�= = '—Y W CONNSSM Ems= NOV.is,ISIS DISTRICT BY (Deput}uty e,prict Attorney) • pAT� I ., In the Board of Supervisors of Contra Costa County, State of California July 22 , 19, 69 In the Matter of ` Releasin; Cash Deposit, Subdivision 3605, Rheem Area. On recommendation of the Public Works Director and on motion of Superrisor . A. Linschaid, secotdod by Supervisor J. P. Kenny, IT IS BY ' ? BOARD ORDEMD that the Public Works Director is AtdVI-1ORIZ:ED to refund to WSCO, 2777 Alvarado Street, San Leandro, California, the sum of $875 evidenced by the following Seposits: $500. . . .Auditor's Permit No. 52653 dated August 19, 1566, "375• . ..=��:di tot's Permit No. 60537 dated Au7-ust 28, 1967; said deposits having been :e twined when the improvements uare declared completed on november 5, 1967 to guarantee completion of :minor deficiencies in Subdivision 3605, now completed. The foregoing order was pawed by the PollovInft rota of the BoArd: AYES: Supervisors T. P. Kenny, A. �4. Diss, E. A. Linscheid, J. E. Moriarty. NOES: None. ASSENT: Supervisor T. J. Coll. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed :his 22nd day of July , 19 .69 c c: Public n orka (2) W. T. PAASCH, Cleric Bus, & Serve Div. /J Subdivider By Deputy Clerk Anne 9. McSorley( H 24-5/69-iOM IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain road p as _ County ) RESOLUTION NO. 67/909 roads. ) WHEREAS, the Public Works Director having notified this Board of the completion of improvements in the subdivision here- inafter listed as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map, Subdivision 3605 NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement; except for minor defi- ciencies;. Subdivision Date of Agreement Tract 36059 Rheem area October 18, 1966 (Pacific Indemnity Company - Bond No. 323466) BE IT FURTHER RESOLVED that the $875 cash bond deposited c� be retained to insure completion of said minor deficiencies. BE IT FURTAER RESOLVED that the hereinafter described roak, having been heretofore dedicated to public use .by the filing of map in the office of the County Recorder, be and the same are *sccepted and declared to be _ County roads of Contra Costa County: . CORTE FRESCA PASEO GRANDE CALLS LA MESA CORTE LA FADO CAMPOLINDO DRIVE CORTE FORTUNA CORTE AZUL PASEO DEL RIO CORTE SANTA CLARA i CALLS LA MONTANA CORTE YOLANDA VIA GRANADA CORTE GRANADA as shorn and dedicated for public use on the map of Subdivision 3605 filed October 19, 1966 in Book 113 of Maps at Page 18, E Records of Contra Costa County, State of California. PASSED AND ADOPTED this 5t,h� day of December , 196Z_, by the following vote of the Board: AYES: Supervisors James P. Kenny, Alfred M. Dias, James E. Moriarty, Thomas John Coll, Edmund A. Linscheld. NOES: None. ABSENT: None. RESOLUTION N0. 67/909 Form #23.3 i r , I HEREBY CERTIFY that the foregoing is a true and cor- rect. copy of a Resolution entered on the minutes of said Board of Supervisors an the 5th day of December, 1967. Witness my hand and the Seal of the Board .of Supervisors affixed this 5th day of December, 1967 W. T. PAASCH 9 CLERK Mildred , Deputy CUR acz Public Works (4) Recorder Auditor Subdivider Bonding Company via Public Works Business A Services Div. t RESOLUTION NO. 67/909 i. r s or t;OWMA COSTA COTINTY0 SIAM Or CAMYCRUA Its the Matter of Approval, of } Subdivision map of Tract 3605, } MSOLUT. I NO. 5630 Rhem area. ) Vfl,MM a map entitled Tract 3605, property located in the Rhecea area, having boon presented to this Board for apprsval., said W having been certified by the proper officials, and being accompatnLed by a letter from the Rhodmption Of'f'icer stating that there are no un-L414 County taxes heretofore levied on the propel included in the reap, and that the current 1965-66 tax lien has been paid in full$ and that the 15166-67 tax int, which be-ease a lien on the first Monday in IuL..-chs 1966, is cstir,,ated to be 0,5M; and The : is Works Arector havicg filed with they Clerk of the :Board the following bonds and deposits to ;tuarantee the completion, of road wid street irsprovee- mmits an requtmd by Civisioa h, Title 8, of the County Ordinances Code, to wits Tax bond in the amount of .8,500 with Basco, a partner. hip, = principal, and Pacific Indconity Company as surety, gu,amte Bing payment of the estimated 1966-67 taxes; and The following SuratV bonds ;:.ond oto. 323466}, issuod by Pacific T.relmnity Company, with Bosco as principal: Faith_+ul Yesrformwe bond in the amount of $262,100, and Labor and Materials bond in the mount of $262,6CO, guaraote3eing com- pletion of road and street improvements; $5M cash deposit (Auditor's Receipt No. 52653, dated August 19, 1966j and. Subdivision Agresce3nt betwaenl U-1 subdivider, and the minty, of Contra Costa, wherein maid subdivider agrees to complete road and strret improve- ments,, etc., in said subdivision within one year from the date of said a,gtannentj 0fri, THER-112M—RE', Ifs !T t:I'SOUED that said bonds au-i deposit and the amounts thereof, together vitit -who Subdivision ,lgreement, be and the sme3 am hareby APY WYF.Dp and the Chair=n of this Board is -4-UTHQ,-aZ---A to execute said Agr mento IE IT FURTHER RIMUM that said map be and the surae is hereby APPROVkC, and this Board does not accept on behalof the public acar of the streets,, roads, avenues, or easesaents shown thmneon as dedicated to public uses MS:'q) h`,4D ADD?T0 this 18th day of October, 1966, by the following vote of the Roard s AYES: Supervisors Alfa H. Dins, James E". Horiarty, Thous John toll, `&u nd A. I. wcheid, James P. �.esntsp. 51I) a': Noses. Com.-R!I DPIED COPY ABiMIT: ;tone• I cnl-if-, Vint .!?; is a full, t:'?c Fc correct copy of cc: Public Works (3) t I1igtrwW Planning `r e,, Subdivider b &-,uU�y clerk. XBOUIT-1014 1M. 5630Y on . - ou5l f c C:cr,I6 E)-t.T F:- 650 _ -- -- EzuQGL:i JUNIT ett ' F:EVEr:UE FUND FUND NAME SPECIAL rune FaVErtur,CR A;4t.lU..I AMOUNT SPECIAL OEP11 P7ijl_=r1:Lt1��''� 61 _(99.:,5_ _ 1.00 426.00 70.05 C%t'•'-T h?�� ;c� ---- ; Z !�95ti 375.00 Crw'ira(\PI �r�i+ T: c3 ca. �_r"D :,- �2600 z.0 _ Sa ee-Pri nes ' !-s , 100 1'-60 _ Sales T= _ 103_3 9911 .05 n< Tr. 3551_ 1003 7100 42.010 T Che..t;lrFtr-G'S 122-57 1003 r710-9 25.00 r THE ABOVE AMOUNT COVERS: K P. VER. s f .....-- ........... TOTAL 4.90.05 Walter A.018rien, 1165 Uooer Kaooy Valley P.d.,Larayotte,Daoos1t for W.O. 61?8, road drainage for Ortega Road - 2-50.00 8esco,2777 Alvarado Street, San Leandro, Bond for T_. 3575 .375.D0 Ito COUNTY•OEPARTMENT• RESPONSIBLE FOR ABOVE'CASW COLLECTIONS ISEE COUNTY AOMINISTRATOR•S SULLETM 9071. _..�a 91 REV. 1-63 _. _.-COUNTY OF CONTRA-COSTA DIEI�AR�rM M: 4 . QIImem awai'T '.nes COPY Is �-- A lKW - G 314246 1q DOLLARS$ ACCOUNTING -' FOR ASSIf1GTiON RECEIVED FROM H CHECK Mo oem ACCT. - eAL. AMT. PAID DAL DUE By toss 4-W c 3n.=) A � EMMETT HITCHCOCK LORRAINE K. PLANZ COUNTY TREJISURER-TAX.COLLECTOR - ►RINCIPAL CLERK. TAXCOLLECTOR'S OFFICE PHONE 220. 000 EXT. 305-306-307 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZCALIFORNIA FIRST INSTALLMENT OF TAXES . DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF NOVEMBER ON THE TENTH DAY OF APRIL SECOND INSTALLMENT OF TAXES July 28, 1966 SECOND INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF OECEMSER This will certify that I have examined the map of the proposed subdivision entitled: Tract No. 3605 and have determined frou the official tax records that there are no unpaid County taxes heretofore levied on the property included in the nap. The current 1965 tax lien has been paid in full. Our estimate of the 196_7 tax lien, which became a lien on the first Monday of March 1966 , is $ gs�. MM'TT HITCHCOCK , Redemption Officer By: Deputy M IFi L E D OCT g 1 1966 W T pAA KaOARD OC BUsC IISOR, �ITRA ST, CO, ABputy �1 P.1 SUBDIVISION AGREEMENT (Bus. & Prof. Code Secs. 11611 & 11612) (Contra Costa County Standard Form) I. Parties and Purpose. The County of Contra Costa, a political subdivision of the State of California, hereinafter called "County", and BESCO, a partnership, hereinafter called "Subdivider", mutually agree that Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs and fire 1Wdrants, and all improvements as required by the County Ordinance Code, as amended, especially Divi- sion 4 of Title 8 (Sections 8400 and following), and all improvements required in the approved improvement plan of Subdivision 3605 , as per map now being filed with the County's Recorder; and Subdivider shall complete said work within one year from date hereof as required by the Subdivision Map Act of the State of California (Business and Professions Code Section 11500 et seq. ), and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder. II. Costs. Subdivider shall pay when due the costs of all said improvements and work, and of relocating existing utilities when neces- sitated by said work, and of inspecting all such improvements and work. III. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. IV. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, in accordance with the provisions of Business and Professions Code Sec. 11612, deposit as security with the County: (1) the sum of $500 cash; together with ... .. . . . . ... (2) (A - Faithful Performance) additional security for at least the total estimated cost of the improvements and work less $500, to wit: FILED (Subdiv.Agrmt.,CCC Std.Form) OCT 18 1966 W. T. PAASCH aLERK IWARD OF GUPERY160" �.�TpA�45TA Go• r x TWO HUNDRED SIXTY-PNO THOUSAND OIM HUNDRED Dollars ($262,100.00), in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond guaranteeing its faithful performance of this agreement, plus (B - Labor & Materials) another such additional security in the full amount of said estimated cost, to wit: TWO HUNDRED SIM-TWO THOUSAND SIX HUNDRED Dollars ($262,600.00 ), securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them or to the Subdivider for the improvements or work. 3. Lighting District Fee. Prior to approval of the final map, the subdivider shall deposit a check with the County Clerk, payable to the County of Contra Costa, to wit: ONE THOUSAND FOUR HUNDRED FORTY-EIGHT AND 40/100 DOLLARS ($1,448.40), which amount is estimated to be sufficient, and is to be so used, to energize the street lights shown on the Street Lighting part of the improvement plans from the estimated date of acceptance of the roads by the County for maintenance and occupancy of at least 50% of the units in the Subdivision, to the estimated date when tax revenues will be available for said street lights: The County will refund to the subdivider any portion of the deposit not expended as provided herein. V. Assignment. If, prior to County's acceptance of these improve- ments the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing it. VI. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances. DATED: October 18, 1966 COUft OF CONTRA CO TA; SUBDIVIDER: (See note below By .4 ' RFSCO, a partners ih D a n oa upervisors Au 1 ST: W. T. PAASCH By Co y Clerk and ex-o icio Clerk —(Des:Wnate%0Tr1c1a1 citacity of theBoard of Supervisors in t1te business) By Lk4 (,4 Deputy (7uSdiv—Agrmte*7CZr 'fft-ffe76 aT - - - - - - - - - - - - - - - - - - - - - - -2- Note to Subdivider: (1) Execute acknowledgment form below; and (2) if a corporation, attach a certified copy of (a) the by-laws, or b the resolution of the Board of Directors, authorizing execution of this contract and of the bonds required hereby. State of California ss. (Acknowledgment by Corporation, County of do......4 3 Partnership or Individual) On a&, w4�_ if, t%6 , the person(s) whose name(s) is/are signed aE9ve For u lvTder and who is known to me to be the individual and efftee� or par-Vner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. BETTY BURGER ' NOTAP.Y PUBLIC 1':7. ccr=sJlJ1 Ox"79, Mar, U, 1965 ALAMEDA CO., CALIFORNIA Notary P03.1c for sa County and StatF_ APPROVED AS TCS.paRf JOHN A. RILJr_✓L•Y �Subdiv.Agrmt.,000 Std.Form) HP-9;Rev.8-64;500) B:z t: IMPROVEMENT SECURITY BOND -� , .;�. 323436 (Faithful Performance, AND Labor & Materials) (Calif. Bus. & Prof. Code Sec. 11612; Contra Costa County Standard Form) 1. OBLIGATION. BESCO, a partnership, as Principal, and (Surety) r1;,:": T;_ TT,DI-117�T',y , 7 a corporation organized and existing under the laws of the State of California and authorized to transact surety._-business-*in •Ca1Uo ; n,Surety, Hereby jointly and severally bind ourselves, oue.Mirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it : (A - Faithful Performance) TWO HUNDRED SIXTY-TWO THOUSAND ONE HUNDRED Dollars ($262 100.00 ) oritself or any city-assignee pursuant o the SubdIVision conk re erred to below, plus (B - Labor & Materials) TWO HUNDRED SIXTY-TWO THOUSAND SIX HUNDRED Dollars ($262 600.00 ) For the use and Benefito--persons entitled ere o under Cali orn a s Hess and Professions Code Section 11612. 2. RECITALS. The Principal contracted with the County on to Install and pay for street improvements, tract drainage, and other inforove- ments as required by the County's Ordinance Code and the approved improvement plan of Subdivision No. 3605 - , as per map now being filed with the County's Recorder, and to comp e e said work within from said date, in accordance with applicable State aws, oun y oRinanceN and rulings thereunder. 3. CONDITION. If the Principal faithfully performs all things required of him according to the teras and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section L-(A) above shall become null and void; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Stiction 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent to make such alterations without further notice to or consent by Surety is hereby given; and the Surety hereby waives the provisions of Calif. Civil Code Sec. 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees,that if County sues on this bond Surety wil - ney's fees as fixed by the court to be taxed as costs WnpfteTr judgment. SIGNED AITD SEALED on I u S_ 1?, 1.9 6 6 + nC T 161963 W. T. F '*S C N PRINCIPAL SURETY QLERK BARD 01; 4U1%j�:4kV7C19.$ =NT •STA CQ. BESCO, a partnership a n i T T 4M., ;T 10r110V- :1 P,CT. State of California County of -1 aviee.i ss• (ACKNOWLEDGMENT By SURETY) On `_ut iust 17, i Q6o , the person(s) whose name(s is/are signed above for Surety an who s own to me to be the Attorney(s)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation. as Surety and his/their own name(s) �s its_;Attorney,(s)-in-Fact. / �� MImp.Sec Hond,CC0 Std.Form)P-lam; I116ary Public for said County and State 19 F F �., BOND AGAINST 'TAXES SO .D ;.;G. 323465 , KNOW ALL MEN BY THESE PRESENTS: THAT BESCO, a partnership as principal and pacific Indemnity ;:o. and as sureties are held and firmly bound unto the County of Contra Costa, State of California, in the penal s o o EIGHT THOUSAND FIVE HUNDRED . Dollars ($8j,500.00 to be paid to the said County of Contra costa, For e" payment of which we and each of us bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. SEALED with our seals and dated this 17t)-day of !august ,1966. The conditions of the above obligation are such that WHEREAS, the above bounded principal is about to file a Map entitled SUBDIVISION 3605, CONTRA COSTA COUNTY, CALIFORNIA, and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said Tract of land covered by said Map, which taxes and special assessments collected as taxes, are not as yet due or payable. Now, therefore, if the said BESCO a partnership, shall pay all of the taxes and sped lal'a sessmen s coI ec e"a�as taxes which are a lien against said tract of land covered by said Map at the time of the filing of said Map of said Tract, then this obligation shall be void and of no effect. Otherwise it shall remain in full force and effect. BESCO, a partnership Fart ner ;,ttorney-in-fac ure y STATE OF CALIFORNIA ss Surety COUNTY OF CONTRA COSTA and Sureties named in the foregoing bond, being duly sworn, each for himself says: That he is a freeholder and resident within said State and is worth the said sum of Dollars, over and above aT1 his debts and liabilities, exclusive of property exempt from execution. Surety Subscribed and sworn to before Surety me this day of FILED Notary c OCT 16196E W. T. PAASCM CLERK MOARQ OF W/ERV160RO NjRA TA CO. my Dow STATE OF CALIFORNIA, s� San_...J,Ran dr o._County of....A I ikoe da_. On this._.-.-_.-...I71111 —day � LU.7US1_• in the year one thousand nine hundred befoce me,---------------�.............._»....__�Yvonne..__..�• t_J 2 1.11 3t:1 S_-•.-•-•_-_.a Notary Public in and for said County and State,residing therein duly commissioned and sworn,personally appeared..._....._j>`_!II K.aQ.._.'. ........................_. ........known to me to be the duly authorized Attorney-in-Fact of PACIFIC INDEMNITY COMPANY,and the same person whose name is subscribed to the within instrument as the Attorney-in-Fact of said Company, and the said Va f l r a r t -�. C h e r e z i a n _................._..__............acknowledged to me ..............---------- ._._--------------- ... ------------- ......... ........ .-•---•---..... that he subscribed the name of PACIFIC INDEMNITY COMPANY, thereto as surety and his own name C. as Attorney-in-Fact. 1N WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and year T. ALAMEDA C0UINTY, CALtFFOgNIA in this Certificate first above written 1 �� Notary Public in and foi5-aT1._LPaf1CLr-OCounty of�.LJ.aFF ecLa...................... -,State of California. Fortn G1000 Rev. D 15111 165 -M:Ccmmissicn Expires Tuly 22, 19 70 :a t In the Board of Supervisors of Contra Costa County, State of California January 23 192,3- In 92,3-In the Matter of Refund of Cash Bond in Connection with Maintenance of Streets and Sewers, Subdivision 3610, Pinole Area. The Board on May 23, 1967 having approved the map of Subdivi- sion 3610, Pinole area, at which time the subdivider, Bay View Development Company, deposited a $3,000 cash bond to guarantee for five years maintenance of streets and sewers within said subdivision; and The Public Works Director this day having reported that the five-year satisfactory performance period after acceptance (December 26 , 1967) of the streets and sewers for maintenance has been successfully completed; NOW, THEREFORE, on the recommendation of the Public Works Director and on motion of Supervisor E. A. Linscheid, seconded by Supervisor W. N. Boggess, IT IS BY THE BOARD ORDERED that street and drainage improvements have completed the five-year satisfactory per- formance period and all deficiencies developing during this period have been corrected; and IT IS BY THE BOARD FURTHER ORDERED that the Public Works Director is AUTHORIZED to refund to Bay View Development Company, 3480 Champion Street, Oakland, California the $3 ,000 cash deposit as evidenced by Auditor's Deposit Permit Number 58422 dated May 19 , 1967. The foregoing order was passed by the following vote: AYES: Supervisors J. P. Kenny, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, A. M. Dias. NOES: None. ABSENT: None. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: • Bay View Development Co. Witness my hand and the Seal of the Board of Public Works Director Supervisors County Auditor affixed this 23rd day of January , 1973 W. T. PAASCH, Clerk By ^/�Z� 2t (, }�/� d�r�L^. , Deputy Clerk Mildred 0. Ballard 1-124 7/72-ISM In the Board of Supervisors of Contra Costa County, State of California AS EX OFFICIO THE BOARD OF DIRECTORS OF CONTRA COSTA COUNTY SANITATION DISTRICT NO . 3 February 23 1971 In the Matter of Approval of $5,000 Cash Bond Refund in connection with repair and replacement of sanitary sewer facilities, Subdivision 3610, Tara Hills Area. This Board on November 14, 1967 having approved an agree- ment with Bay View Development Company, subdivider of Tract 3610, Tara Hills area, for the installation of a sanitary sewer system within said subdivision; and Said development company having deposited the sum of $5,000 cash to be retained for a period of three years as "special security" in providing for the repair of sewer construction; and The Chief Engineer of Contra Costa County Sanitation Dis- trict No. 3 having advised that repairs are not required and having recommended that the $5,000 be released; NO?•T, THEREFORE, on motion of Supervisor W. N. Boggess, seconded by Supervisor E. A. Linscheid, IT IS BY THE BOARD ORDERED that the recommendation of the Chief Engineer is APPROVED and the County Auditor is AUTHORIZED to refund said Y5,000, plus accrued interest, to Bay View Development Company, 3480 Champion Street, Oakland, California. The foregoing order was passed by the following vote of the Board: AYES: Supervisors A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, J. P. Kenny. NOES: None. ABSENT: None. ' I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc. Public Works (2) Supervisors Sewage, Waste do Water Auditor affixed this 23rd day of .�'obruarur , 19 71 Developers W. T. PAASCH, Clerk Deputy Clerk Mildred 0. Ballard H 24 a/7O IOM O r In the Board of Supervisors of Contra Costa County, State of California February 23 . 19 In the Matter of Approval of Road Improvement Agreement with Richmond Unified School District, Ashbrook Drive, Pinole Area. This Board having considered an agreement between the County of Contra Costa and the Richmond Unified School District w1aerein said District agrees to fully construct and complete the - improvements to Ashbrook Drive (located within Subdivision 36109 Pinole area) as more particularly set forth in said agreement; and Said agreement having been accompanied by$460 (Auditor's Deposit Permit No. 87524 dated January 12, 1971) to cover the Inspection cost of said construction; On the recommendation of the Public Works Director and on motion of Supervisor W. N. Boggess, seconded by Supervisor E. A. Linscheid, IT IS BY THE BOARD ORDERED that the aforesaid agree- ment is APPROVED and Supervisor James P. Kenny, Chairman, is AUTHORIZED to execute same in behalf of the County. IT IS BY THE BOARD FURTHER ORDERED that Grant Dead dated December 36, 1970 for the right of way for Ashbrook Drive is ACCEPTED. IT IS FURTHER ORDERn, that Offers of Dedication dated December 30, 1970 for two easements for storm drainage purposes within the area previously occupied by Lots 51 and 71 of Subdivi- sion 3610, are ACCEPTED for recording only. The foregoing order was passed by the following vote: AYES: Supervisors A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, J. P. Kenny. NOES: None. ABSENT: None. r I hereby certify that the foregoing is a true and caret copy of an order entered on the mkwW of sold board of Supervisors on the date aforesaid. Witness my hand and the Seal of the board of c c: Public Works (2) Supervisors Planning affixed this 23rd � of February , 19 71 Richmond Unified School —" District (via P/W) 1 W T. PAASCH, Clerk by /lc' �Jam. Deputy Clerk rte" Or TMildred 0. Ballard M 2-4" IOM s In the Board of Supervisors of Contra Costa County, State of California Jamim 19 19 ;Z, In the Matter of Authorizing Refund of Portion of Inspection Fee in connection with Subdivision 3610, Bayview Park, Unit No. 4, Pinole Area. The Public Works Director having reported that when the final map for Subdivision 3610 (Bayview Park, Unit No. 4) Pinole area, was filed on May 24, 1967, the Bayview Development Company had paid the inspection fee of $4,290 for inspection of street construction; subsequently the Richmond Unified School District acquired a portion of the subdivision and instituted proceedings for reversion to acreage so that a new school site could be constructed: and the acquisition of the property by the school district eliminated the necessity of constructing Rosedale Court, as shown on the improvement plan for Subdivision 3610; and The Public Works Director having recommended that the Board authorize the County Auditor to refund to the Bayview Development Company, 3480 Champion Street, Oakland, California $460 of the $11,290 fee paid by said company, as evidenced by Auditor's Deposit Permit No. 581+22 dated May 19, 19679 said amount representing the portion of inspection fee which was applicable to Rosedale Court; NOW, THMEFORE, on motion of Supervisor A. M. Dias, seconded by Supervisor E. A. Linscheid, IT IS BY THE BOARD ORDEMM that the recommendation of the Public Works Director is APPROVED. Tne .foregoing order was passed by the following vote of the Board: AYES: Supervisors A. M. Dias, J. E.•Noriarty, W. 17. Boggess, E. A. Linscheid, J. P. Benny. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of supervisors on the dote aforesaid. Witness my hand and the Seal of the Board of cc: Auditor Supervisors Public Works (2) affixed this_1c�th day of Janus-- , 19 LSubdivider Planning W. T. PAASCH, Clerk ByZcL�il��.cti•� 0 Deputy Clerk Mildred 0. Bollard H 24 V7O IOM In the Board of Supervisors of Contra Costa County, State of California June 5 , 196.§— In 9b$In the Matter of Exoneration of Tax Bond on Tract No. 3610, Tara Hills Area. The Office of the County Tax Collector having advised that county- taxes for the fiscal year 1967-1968 on property included in Tract No. 3610, Tara Hills area, have been paid in full, and said office having requested that the tax bond (Bond No. S 1612069) in the amount of $1,900 issued by the Fidelity and Casualty Company of New York, with Bay View Development Company as principal, be exonerated; NOW, THEREFORE, on motion of Supervisor E. A. Linscheid, seconded by Supervisor T. J. Coll, IT IS BY THE BOARD ORDERED that the tax bond as set forth above be and the same is hereby EXONERATED. the Board:The foregoing order was passed by the following vote of AYES: Supervisors J. P. Kenny, J. E. Moriarty, T. J. Coll, E. A. Linscheid, A. M. Dias. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered an the minutes of said Board of Supervisors on the date aforesaid. cc: Tax Collector Witness my hand and the Seal of the Board of Redemption Officer Supervisors The Continental Insurance affixed :his 5th day of June . 196$ Companies (Fidelity and W. T. PAASCH, Clerk Casualty Company of New York) BY �� duty Clerk H24-3168-tOM Dorothy Lazzarini r 21e CONTINENTAL INSURANCE COMPANIES THE CONTINENTAL INSURANCE COMPANY . FIREMEN'S INSURANCE COMPANY OF NEWARK. NEW JERSEY THE FIDELITY AND CASUALTY COMPANY OF NEW YORK • COMMERCIAL INSURANCE COMPANY OF NEWARK. N. J. NIAGARA FIRE INSURANCE COMPANY . NATIONAL-BEN FRANKLIN INSURANCE COMPANY OF PITTSBURGH. PA. NATIONAL-BEN FRANKLIN LIFE INSURANCE CORPORATION • BOSTON OLD COLONY INSURANCE COMPANY SEABOARD FIRE 6 MARINE INSURANCE COMPANY • WASHINGTON GENERAL INSURANCE CORPORATION 160 Pine Sireef, Sass Francisco, Califorssia 94111 May 23, 1968 RECEIVED County of Contra Costa W. T. 2 7 ,�5 C H Martinez, California LLERK BOARD OF SUPERVISOR CO RA A CO Attention: County Clerk Re: Subdivision Tax Bond No. S 1612069 Bay View Development Company /U ----------------------------------- Gentlemen: On May 10, 1967 this company executed the bond in caption in favor of the County of Contra Costa. We have been informed recently, that the subdivision has been completed and that there is no future need for our bond. Your comments to this effect stating that all taxes have been paid, will permit us to close our files as of whichever date you may state. Thank you very much -for your assistance in this matter and we shall be looking forward to hearing from you in the near future. Yours very trul , �e_ <� Mic el J. oin San Francisco Branch Office Bond Department MJA:lb �o IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA .. o In the Matter of Completion ) _P S�4 of improvements and declaring ) C' o certain roads as _ County ) RESOLUTION NO. 67/972 0 o roads. ) m-- 04-1 WHEREAS, the Public Works Director having notified this oBoard of the completion of improvements in the subdivision here- "-i c inafter listed as provided in the agreement heretofore executed Q) cs I by this Board in conjunction with the filing of the subdivision W 0 map, Subdivision 3610, Tara Hills area ; ca = 4z NOW, THEREFORE, BE IT RESOLVED that the improvements in " o the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: w � 9-40 Subdivision Date of Agreement o Tract 3610, Tara Hills Area May 18, 1967 0 z (The Fidelity and-Casualty Company of New York - Bond No. 91612078) s. W 0 "_1 BE IT FURTHER RESOLVED that the Public Works Director Is AUTHORIZED to refund to Bay View Development Company $500 cash 0 deposit as surety under the Subdivision Agreement, as evidenced by CD Auditors Receipt No. 58422 dated May 199 1967; BE IT FURTHER RESOLVED that the hereinafter described road S, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same �e- accepted and declared to be _ County roads of Contra Costa County: CYPRESS AVENUE BLACKWOOD COURT ROSEDALE DRIVE LEA COURT SOUTHWOOD DRIVE SALEM COURT BLACKWOOD DRIVE MANOR COURT as shown and dedicated for public use on the map of Subdivision 3610 filed May 24, 1967 in Book 115 of Maps at Page 369 Records of Contra Costa County, State of California. PASSED AND ADOPTED this 26th day of December_, 1961,9 by the following vote of the Board: �s Public Works (4) Subdivider AYES: Supervisors Alfred M. Dias, James E. Moriarty, Bus. & Serv. Div, Thomas John Coll, Edmund A. Linecheid, Planning Recorder NOES: None. ABSENT: Supervisor James P. Kenny. CEBTIFIED CUFF RESOLUTION N0. 67/9721 ...'.t}, ` ''fli;.;.°/J, '.., s' °:Cary a/f:. I.t QfA]I tl.lC•l r' •rf...; I1• Ort C i. Tt' ofiled, and IFOM X23.3 ".0_ia. ca 1i. tate .�� , ••i -•. r. !. s>� card?C;04 3 .z-o=r;ro ri,Ti`of said coed of dor&"iaave,4 lgatl elr�. IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTl, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain road■pas _ County ; RESOLUTION NO. 67/972 road$. . ) WHEREAS, the Public Works Director having notified this Board of the completion of improvements in the subdivision here- inafter listed as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision wap, Subdivision 3610, Tara Hills area ; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose or ,1 establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement Tract 36109 Tara Hills Area May 189 1967 (The Fidelity and Casualty Company of New York - Bond No. 81612078) BE IT FURTHER RESOLVED that the Public Works Director Is AUTHORIZED to refund to Bay View Development Company $500 cash deposit as surety under the Subdivision Agreement, as evidenced by Auditor's Receipt No. 58422 dated May 19, 1967; BE IT FURTHER RESOLVED that the hereinafter described road, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same B=... accepted and declared to be _ County road* or Contra Costa County: CYPRESS AVENUE BLACKWOOD COURT ROSEDALE DRIVE LEA COURT SOUTHWOOD DRIVE SALEM COURT BLACKWOOD DRIVE MANDA COURT I as shown and dedicated for public use on the map of Subdivision i 3610 filed May 249 1967 in Book 115 of Maps at Page 369 Records of Contra Costa County, state of California. PASSED AND ADOPTED this 26th_ day of Daaamber , 196_Z, { by the following vote of the Board: i =e Public Works(41YES: Supervisors Alfred M. Diss. James E. 'Moriarty, Subdivider Thomas John Coll, Edmund A. Linscheid• Bus. A Serv. Div. k Planning NOES: None. Recorder f ABSENT: Supervisor James P. Kenny. c.;tunF)ED COPY RESOLUTION N0. 67/972 t ..rttj� Il�at liti.it a�rn, oorr.at con 01 For+R #23-3 .riai..al ,:f+�' ,ard �..•N T • twat.t..r.r• #.d K a3c:+�= r! ' i ri.ar. o� •,e+t:a C'crrf ra C•ewe-7. :si�arria. a. [�. jai*show. A T i,.:T. 'X'. i i'A AScii.coaet7 1 tf/ pt.o��ic:o e�.rlt c7 .aiat Beard o� srp■A�r� ^-1. 4 In the Board of Supervisors of Contra Costa County, State of California December 26 196_Z In the Matter of Approval of Amendment to Subdivision Agreement :with Bay View Development Company, Subdivision 36109 Tara Hills Area, This Board on May 18, 1967 having approved Subdivision Agreement between Contra Costa County and Bay View Development Com- pany for the completion of improvements in Subdivision 36109 Tara Hills area; and The Board having isonsidered an amendment to said agreement, said amendment allowing the subdivider to do needed drainage work In Area 3 of the subdivision, as shown on Exhibit B of the supple- ment to the Subdivision Agreement, even though the required soils report has not been :submitted; On motion of Supervisor A. M. Dias, seconded by Supervisor T. J. Coll, IT IS BI THE BOAIM ORDERED that said amendment is hereby APPHDVED and Supervisor E. A. Linsoheid, Chairman, is AUTHORIUD to execute save on behalf of ': the County. The foregoing order was passed by the following vote gf1the Board: AYES: Supervisors Alfred M. Dias, James E. Moriarty, Thomas John Coll, Edmund A. Linscheld, NOESt None. ABSENT: Supervisor Names P. Kenny. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. act Public Works (4) Witness my hand and the Seal of the Board of Subdivider Supervisors Planning (2) affixed this26th day of December . 196_ W. T. PAASCH, Clerk By 1 4 �: l !�41ZLzDeputy Clerk H2"/67-10M Mildred 0. Ballard AIME NDlME NT TO- SUBDIVISION 0 SUBDIVISION AGREEMENT WHEREAS, the County of Contra Costa, a political subdivision of the State of California, hereinafter called "County", and Bay View Development Company, a Partnership, hereinafter called "Subdivider" heretofore entered into a Subdivision Agreement, wherein Subdivider agreed to construct, install and complete road and street improvements, tract drainage, street signs and fire hydrants, and all improvements as required by the County Ordinance Code, as amended, and all improvements required in the approved improvement plan of Subdivision 3610 as per map now filed with the County Recorder; and WHEREAS, said Subdivision Agreement provided that no work shall commence within Area 3 as shown on Exhibit B affixed thereto until, among other things, a soils report is submitted which indicates settlement no greater than those expected in other areas of said subdivision as stated in a soils report dated April 28, 1967 prepared by Woodward- Clyde-Sherard and Associates; and WHEREAS, no report has been submitted, but the parties hereto, realizing the need to provide outlet storm drain facilities for said subdivision, hereby mutually agree as follows: 1. That said Subdivision Agreement is hereby amended to provide that Subdivider shall construct storm drain outfall culverts in said Area 3 in accordance with the revised improvement plans for said subdivision approved October 2, 1967. 1. 2. That except as hereby amended, said Subdivision Agreement is hereby expressly ratified and confirmed by the parties hereto. Dated: �L. E 19 . COUNTY OF CONTRA COSTA SUBDIVIDER: BAY VIEW DEVELOPMENT COMPANY Chariman of the Board of Supervisors BY: r-nArtner ATTEST: W. T. Paasch County Clerk and ex-officio Clerk of the Board of Supervisors BY vaa Deputy STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA ) On December"—, 1967, the persons whose names are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. otary c in and for the County o ontra Costa, State of California. 2. LY� Q � _ If E7 AMENDMENT TO SUBDIVISION AGREM WHEREAS, the CoLi,.cy of Contra Costa, a political subdivision of the State of California, hereinafter called "County", and Bay View Development Company, a Partnership, hereinafter called "Subdivider" heretofore entered into a Subdivision Agreement, wherein Subdivider agreed to construct, install and complete road and street improvements, tract drainage, street signs and fire hydrants, and all improvements as required by the County Ordinance Code, as amended, and all improvements required in the approved improvement plan of Subdivision 3610 as per map now filed with the County Recorders and WHEREAS, said Subdivision Agreement provided that no work shall commence within Area 3 as shown on Exhibit B affixed thereto until, among other things, a soils report is submitted which indicates settlement no greater than those expected in other areas of said subdivision as stated in a soils report dated April 28, 1%7 prepared by Woodward- Clyde-Sherard and Associates; and WHEREAS, no report has been submitted, but the parties hereto, realizing the need to provide outlet storm drain facilities for said subdivision, hereby mutually agree as follows: 1. That said Subdivision Agreement is hereby amended to provide that Subdivider shall construct storm drain outfall culverts in said Area 3 in accordance with the revised improvement plans for said subdivision approved October 2, 1967. 1. 2. That except as hereby amended, said Subdivision Agreement is hereby expressly ratified and confirmed by the parties hereto. Dated: .�'� COUNTY OF CONTRA COSTA SUBDIVIDER: BAY VIEW DEVELOPNZ! COMPANY BY: � �/� Chariman of the Board of Supervisors BY: rtner for ATTEST: W. T. Paasch County Clerk and ex-officio Clerk of the Board of Supervisors Deputy STATE OF CALIFORNIA ) ss. COUNTY OF CObVRA COSTA ) On December m?Q_, 1967, the persons whose names are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. tart' c in and for the County o Contra Costa, State of California. 2. J� In the Board of Supervisors Of 1 Contra Costa Count State of California- AS Er O"M 10 GO Bs ING BOARD or CONTRA COSTA COUNTY SANITATION DISTRICT NO. 3 Deoembei 26 ', 19i6Z i M die Moller of Acceptance of Certain Sewers and Appurtenance for Main- tenance in Subdivision 36109 Tara Hills Area. WHEREAS an May 189 1967 the Board of Supervisors approved an agreement with the Bar View Development Company for providing for the development of Subdivision 3610 and the sanitary sewer system contained therein; and WHEREAS on November 14, 1967 this Board, as ex officio the Governing Board of Contra Costa County Sanitation District No. 39 approved a supplemental agreement concerning repair and replacement of sanitary sewer facilities; NOW, THEREFORE, on motion of Supervisor A. M. Dias, seconded by Supervisor T. J. Coll, IT IS BY THE BOARD ORDERED that County Sanitation District 3 accept for maintenance sewers and appurtenances thereto in Areas 1 and 2 as shown on E=hibit B of the Subdivision Agreement. The foregoing order was passed by the following rote of -the Boards AYESs Supervisors Alfred M. Dias, James E. Moriarty, Thomas John Coll, Edmund A. Linscheid, NOESs None. ABSENTs Supervisor James P. Leahy. 1 hereby carWy thal the forapoinp b o true and coned copy of an order enterod on the wiinuln of said Board of Superrison on the dole aforesaid. act Public Worcs (4) Wmveu my hand and dw Sed of the Board of Auditor Supemwws Sewage, Waste A Water affixed this 26th day of December, 196_ W. t PAASCH, Cleric Dwuly CWrh .��, Mildred 0. Ballard In the Board of Supervisors of Conga Costa County, State of California AS EX OFFICIO GOVIMNING BOARD OF CONTRA COSTA COUNTY SANITATION DISTRICT NO. 3 November 14 In the Matter of Approval of Agreement between Sanitation District No. 3 and Bay View Development Co. for Sewer Maintenance in Subdivision 3610 On May 18, 1967, the Board of Supervisors approved an Agreement with the Bay View Development Company for providing for the development of Subdivision 3610 and the sanitary sewer system contained therein. This Board has been presented with an agreement to supplement the said agreement of Iday l8, 1967. The supplemental agree- ment provides that the subdivider, Bay View Development Co., shall deposit with the County (for Sanitation District No. 3) , a corporate surety bond in the amount of $5,000. On recommendation of the Public Works Director, this Boars :naives the reouirement of filing of the said $5,000 bond until the date of acceptance of the sewer work by Sanitation District No. 3 and approves the said supplemental agreement. IT IS BY THE BOARD ORDERED that the Chairman execute the said supplemental agreement for and on behalf of County Sanitation District No. 3. The foregoing order was passed by a majority vote of the Board. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: District Attorney Witness my hand and the Seal of the Board of County Auditor Supervisors Public Corks (3) affixed this 14th day of November , 196 Sewage, Waste and Water (2) W. T. PAASCH, Clerk By2l,rCAeJ Deputy Clerk M24-8/66-10M Mildred o Ballard VJW:bw 'Ze-, • A _ In the- Board of Supervisors of Contra Costa County, State of California AS a-,C 'FICIO GOVERNING :X)AiW of G011TRA COSTA COUNTY SMITATION Di";PRICT '10. 3 October 21L M do Namm of Agreement Between the Bay View Development Company and Contra Costa County Sanitation District No. 3, Tara Hills Area. The Bay View Development Comza.ny desiring to construct a sanitary sewer to serve Subdivision 3610, Tara rials area, and the Public Works Director, as ex—officio Engineer of the Contra Costa county Sanitation District No. 3, having determined that the sewer after construction requires "special security"; On motion of Supervisor T. 11. Coll, :seconded by Supervisor A. 1H. Dias, IT IS BY THE 30ARD ORDERED that the Di::-t-^i ct At.torney prepare an agreetn,:nt to be executed by principals of the Bay Vie--: Le;reloptient Company and the Board of Directors of said District, which agrecrie!nt Shall require the company to deposit as security: a. A cash bond in the amount of =X5,000 which shall be held for a period of three years frog, the jate of acceptance of the work; b. A corporate security bond in t.hc amount of $5,000 which shall be held for a period of rive -errs from the date of acceptance of the work. IT 1S BY Thi BOARD FURTHE-R OR L.-,R.,: tt:at the County Auditor establish a trust fund ,.n th item "a" above, Liss -cerucc 'tIU uerest therefrom to be credited to Bay View Development Company. The foregoing order was passed by the following vote of the Board: AYES: Supervisors Alfred A. Dias, Thomas John Coll, Edmund A. Linscheid. NOES: None, AB801T: Supervisors James P. Penny, James E. Moriarty. •I 1 hereby certify that the foregoing is a true and correct copy of on order w*ered on the minutes of said Board of Supervisors on the date aforesaid. cc: District Attorney Witness my hand and the Seal of the Board of County Auditor Supervisors Attn: Marvin King affixed this_2 th day of Oc�obPr , 196 Sewage, waste and Water Business and Services W. T. PAASCH, Clerk Public Works 8y �l `' �� Dewy Cler& N,,.,,4�4-nistrator Mildred 0. Ballard Q IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 36109 Tara `Tills ) RESOLUTION N0. 67/362 Area. ) ) WHEREAS a map entitled Tract 3b10 , property located in the Tare Hills area , having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore leve d 9n tg pro t included in the map and that the current �96�-19rax tyog has been paid in full, and estimate of the 1967-1963 tax lien, iddoh became a lien on the first Monday of "arc::, 1967, is $1,900; and Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as requ rsefAi0we= Division 4. Title 8, of the County Ordinance Code; A surely bond in the eosoun4 of $142,500 issued by the Fidelity and Casualty Company of Now York (Bond No. S 1612078) and a $500 cash deposit (Auditor's Permit Noe 53422 dated May 199 1967) for faithful performance, and Labor and Haterials Fond in the amount of $11139000; A tax bond (;mond No. S 1612059) in the amount of $1,900, vitt Day View Development Company as principal and the Fidelity and Casualty Company of New York as surety, guaranteeing pay- ment of the 1967-1968 tax lien on property included in said map; $1,192.80 deposit to be credited to County Service Area L-19 to cover the energising foe for the street lights; $3,000 deposit to be used by the County to cover expenses incurred by the County in perforating extraordinary maintenance work within five years after the County has accepted the streets and sewers for County maintenance; and Subdivision agreement between Hay View Development Company, subdivider0and the County of Contra Costa, wherein said sub- divider agrees to complete d and aveet improvements, etc., in said subdivision within year from the date of said agreement; RESOLUTION NO. 67/362 4rm #23 r r NOW, THEREFORE, BE IT RESOLVED that said bonds and rl� o�its and the amounts thereof be and the same are her BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement— BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept on behalf of the public arq of the streets or essments shown thereon as dedicated to public use. PASSED AND ADOPTED this 23rd day of Ka9 , 196?, by the following vote of the Board: AYES: supervisors James Pe Kenny, Alfred Me Dias, James Ee Moriarty, Thomas John Coll, Edmind Ae Linsaheide NOES: Nonee ABSENT: None. set Public storks (3) Highway Planning Planning Department Subdivider CERTIFIED COPY I Certify that this is a full, true & correct copy of the original documeri vrhic'l is on fi'e in my office, and that it v,,s i-Irv,teri h•. the Board of SLl13em,iso"S of enyitY: �� ?t.R }-winty, California, on the date sho—n ATTE: 'In l,`- T. ?AASCH, county clerk&ex-eff cio clerk of said Board of Supervisors, by deputy clerk. r� " ' on .MAY 2 319 RESOLUTION NO.67/362 Form #23, Pg. 2 A EMMETT HITCHCOCK LORRAINE K. PLANZ COUNTY TREASURER-TAX COLLECTOR PRINCIPAL CLERK TAX COLLECTOR'S OFFICE PHONE 228.3000 EXT. 387.380•387 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA FIRST INSTALLMENT OF TAXES DUE AND PAYA{LE DELINQUENT ON THE TENTH DAY OF APRIL ON THE FIRST DAY OF NOVEMBER 2S33r 18, 1967 {[GOND INSTALLMENT OF TAX[{ SECOND INSTALLMENT OF TAX[{ DUE AND PAYA{L[ DELINQUENT ON THE FIRST DAY OF FE{RUARY ON THE TENTH DAY OF D[C[M{[R VED IREC"'T MAY 23 1967 T• PAASCH BOARD OF SUPERVISORSCON OSTA CO. DtPYtY This will certify that I have examined the map of the proposed subdivision entitled: TRACT idC. 3610 and have determined from the official tax records that there are no unpail County taxes heretofore levied on the property included in the map. The current 1966 67 tax lien has been paid in full. Our estimate of the 1967-.,68 tax lien, which became a lien on the first Monday of March 1967, is $ 1 900 EMMETT HITCHCOCK Redemption Officer By: De dl n 22 _ PUBLIC WORKS DEPARTMENT i d VICTOR W. SAUER L PUBLIC WORKS DIRECTOR CONTRA COSTA COUNTY F. R. BROWN CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 96553 R. D. HROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR May 23, 1967 Subdivision 3610 FRECEIVE� Honorable Board of Supervisors y Administration Building MAY 23 1967 Martinez, California i W. T. PAASLH CLERK 80ARD OF SUPERVISORS Gentlemen: ,( CONTR4.COSTA CO. Deputy There is submitted for your approval the map of Subdivision 3610 in Supervisorial District II in the Tara Hills area. There are anticipated minor subsidences in a portion of this subdivision. The Subdivider has agreed to delay construction in those areas until the subsidence has stabilized. Due to this delay it is requested that a two-year time limit be used in lieu of the usual one year. Subdivider also has agreed to pay for any added maintenance costs due to subsidence which may occur within five years after the County accepts the streets and sewers for County maintenance. A cash deposit has been deposited to cover any added Maintenance costs. Accompanying this map and pertaining thereto are the following documents and deposits: 1. Subdivision Agreement. Expiration date of two-year time limit for completion is May 18, 1969. 2. A surety bond in the amount of $142,500 (The Fidelity and Casualty Company of New York, Bond No. S 1612078) and a $500 cash deposit (Auditor's Permit No. 58422 date May 19, 1967) which amounts are required to guarantee completion of road and street improvements as required by the County Or.*+inance Code as amended. 3. Labor and Materials Bond in the amount of $143,000. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1967-68 tax, which became a lien on the first Monday of March, 1967, is estimated to be $1,900. 5. Tax Bond in the amount of $1,900 guaranteeing payment of estimated 1967-68 tax. 6. $1,192.80 has been deposited and it is to be credited to County Service Area L-18 to cover the energizing fee for the street lights. Board of Supervisors -2- May 23, 1967 7. $3,000 has been deposited and is to be used by the County to cover expenses incurred by the County in performing extra- ordinary maintenance work within five years after the County has accepted the streets and sewers for County maintenance. The map is submitted for filing by Western Title and Guaranty Company under the provisions of the County Ordinance Code and all required deposits and fees have beer paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAUER Public Works Director By - V. L. Cline Assistant Public Works Director Highway Planning VLC:m j cc: Title Company Planning Department Construction Division ix STATE OF CALIFORNIA ss. County of A Ak1FDA.. On this 1 b tb1 day of in the year One Thousand Nine Hundred and z before me, ET K";-FAS , a Notary Public in and for the County of , State of California, residing therein, duly commissioned and sworn, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney of Iruc qM33M AI'M `Cp4' 1 '2 M'f PE NR'1 TUN a Corporation) aneacknowledged to me that he subscribed the name of said Corporation thereto as surety and his own name as attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal at my office in the said County of the day and year in this certificate first ab{ written Notary Public in and for the / County of -- -" , California My Commission Expires 1 "' P'RFg 3236-PRINTED IN U.S.A. Fac Bond 2824 A BOND AGAINST TAXES KNOW ALL MEN BY THESE PRESENTS: partnership _ THAT Bay'-View Development Company. a !, as principal = i and (Surety) IN 7DELITY AND C -_ALTY CC ffinY OF mM YOB,N a corporation © � o organized and existing under the laws of the State of H E-W c y o PLk and authorized to transact surety business in California e �O as surety are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of 1931 One Thousand 4 Nine Hundred Dollars jqpn on ), to be paid to the sald .County of Contra Costa, for the payment of which well and i truly to be made, we and each of us bind ourselves, our heirs, executors, administrators and successors, jointly and severally, y firmly by these presents. Sealed -with our seals and dated this _ L O� day of The conditions of the above obligation is such that WHEREAS, the aZoc ate bounded principal is about to file a map entitled r Subdivision 3610 ' and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments ; collected as taxes, against the said Tract of land covered by said map, which.!-taxes and special assessments collected as taxes, are not as yet due or payable. NCO THEREFORE, if the said Principal _ shall pay all of the taxes and speclal assessments collected as taxes which are a lien against said tract of land covered by said map, at the• time of the filing of said map of said Tract, then this obligation. shall be void and of no effect. Otherwise it shall re- main in full force and effect. nay View Develop en , Company, - a partnershi '. ' , By VD r nc pa R .t _PGQE F v is,aY ��3 , �;r i►?7 iTY AIM CASUAiTY ��'.��' ;'�� CF �;�� ',Ct l ~ surety. 1tq. T. P ;� A S C H CL£Ft4C EiOA?.D O^ Stip FZVISORS B �• /CC)N,rR ^COSTA CO. ACKNOWLEDGEMENT �� l y� i, DePutY Boris M. Willizns (BY SURETY) sY State of California } County of ) i ounty in which acknowledgement 1s taken On , before me, , a Notary Public, in I an lvr sac County and State, personally appeared known to me to be of the corporation that executed e within instrument" an a so -Fmown to me to be the person who executed it on behalf of such corporation and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. t 1{ STATE OF CALIFORNIA Ss. County of ALA f',1EN On this 23'd day of May in the year One Thousand Nine Hundred and 07 before me, a Notary Public in and for the County of , State of California, residing therein, duly commissioned and sworn, personally appeared Doris Y. Willitibs known to me to be the person whose name is subscribed to the within instrument as the attorney of ivE FIQFLITY AND CASUALTY COMPANY OF NEN YM (a Corporation) and acknowledged to me that he subscribed the name of said Corporation thereto as surety and his own name as attorney IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my t,Cofficial seal at my office in the said County of- the `� the day and year in this certificate first aboveirittte�n..� Notary Public in and for the County of f" ''''=` ` , California MY Commission Expires piC Bond 2824 323E-PIttNTED tN U.3.w. ja ?-. :�O�T:, is�s" SECUR 7i DOS•:? BOND NO. S 16120?� (Fait ful Per,or: ance, ANID Labor Z: i•:aterials) C4 (l.a.:. .f. Bus. & 10--of. 1.0d@ 5e... 11612; Contra Costa VOIi?1t,,J Standard =v_...} ~ten 1, OBLs'.GAT YONT. Bay View Development Company, a partnership as :rircipal, a' L, and Su•'a t;-) 1M fOELIiY AN CASUALTY COMPANY Of NEW VM a corporation 7 O n or.a::iz-cd .:d t`..::.la exis tw::;;�"G.:.7u n"er t::e 1. :Fs of the Stu :e of NEW YORK � and Va G_ tirJ ed .Cv ub.s :.v �/NJ i._I.JS i:1 California,las ui:r et3/, hereby ointly a d severally o,,=-_elves, our he-f rs, executors, admi niQstrators, T,► successors and assi ;ns Co the Co nty% of Contra Costa, California, to pay it.: Perfor-:ance) . L4 a A. N-4 One Hundred Forty-Two Thousand Five Hundred Dollars 0142,500.00 fG ' _ t3G1_ Or ai y to thG' subdivision contract referred t0 be'1-%•:, plus wt-.L ) One Hundred Forty-Three Thousand Dollars ($ 143,000.00 ) m or i t' L:S3 and ."`..^-. ::�- O_' :e_5�:-:i �::: ..:il�?t^. �:.�:z0i.'J under Calif Or:2±a Business and ?rOieSSions Cad?- Sacti�„ 1_512. 2. RRC I T S. :e ?_'::C p_:l Cortr_-:;-_--d County on MAY 23, 196,7 to ins tall and pz_y 5 eat- =.^._Jr G Jal:.::nzs, tract. drainage, and other 1 :prove- ,:�en is as rea red b';; t::v v:T.:.:ty'S Ordinance Code and the approved improvement, Of Sub di-vi or, _ v. 3610 , as par .:lap now being f--';..led t•Fith the County's Recorde», to co-pieta z-,.:-:l w -hin Two years -fro-m Said :.ate, r._ acaor:,,ance wit.^_ s,Cc Jle Stag .;$tFS, �,Ounty ordinances and r wl_ng-S L iC::t:1 nd_ar. 3 n •T• ir't"(1\, i f �...a 7__ 4 't 'fat-' t'--fully _ _ T r, r:: all things 1 r o. t,C_.�- _ .n^ipa� _a. ::�"ull;, pc _o_:s �:_._ t.._n�s requ__ed of �::1 a�.Cvrd:..:J• ,;O �:2 ConC:_• 0nS v_ said CO:t_cC t, and improvement e::i. plan and _mx:ovamena.s a. reed. on �Jy ..:.... c t_^.v County, t ern this obligation CD as to Section -� } above Shall becc=a nN__ a:�:d voi d, a:i�. ii he r"ully p2f5 t 2 Co::traCtC:s, Su co.nzraCZOrS, aznd '�pars3 nS renti r; equipment or furnishing labor C_ mater .ala to zhem for said ::or?C and protects the -Qre::' _seS from C_c:`T.S Of sue"$ liens, -hen iS G..�lig2t=0:: as to Section 1-(3) above shall CC-:......., null and voi.G; O`V..e_'".:.5@ t?:'.S 001=;;ate: On remains in fil?3. f orca and of f ec-�;, No of sa=d Contr_=a o nn., �_,.::5 or SzeC]_fi Cations of said wo::ik ar-r eed o :.;rCi pci.. :: . .;. r'21ie V2 a7%r S ars ty f.''0i:: lia- oility o:: ;,._sa:o a consen. ...�__2 aC S1terat3ons, without further n ' ice t0 0:^ consent :y SUraty r_S iier::w f.va::, and the Surety hereby :•Fai ves the provisions o %2__: . Ci V_1 C s d a S3C. 23,1.3,. and holds itself bound vlithout regard -o and i~d::pence ;.ly o': any Principal i�fhenever taken, and agrees that if Cvanty Sues on t :. bond Ji.1-rety will pay reasonable attor- n2y's fees as fi�:ed bythe caul-^t to b: taxaL4 as costs and included inthe bNTD SE A.i :.J on MAY 23, 1967 ?Ri1C_� S -.p a View De elo m -6t n a ItY A160 CASUALTY COMPANY Of NEW YORK r rshipBy "__/'4�.AoBy—&U-ae� - PaJjt . r I?oris..M.. W4j1 izkVs. ATTpRNEY .. :{' �C J: ri :1' :C Y: :ti •. -r: :z :C :.' X :C .. A .. 7: 7l' -h- X T. ti .. '�•' T k A 9F of Caly__O;:•:_a. ; SS. : ' VOL;:' �._�v: '.•..r.:.. ..: a the �'c: J.�:(.i •• -;nose .�G�.riaCs) .1 :J��w_�•M sigma above ...�. i .. - _ - ._ -1.. a. 1 LZ.. _S :�.a.:�n t o o .e' n V v.7r ne f (:.' }'-�::-_aC t. _or t._:iS _3ersonally appaar:.._ be ore ma and aakno:•F1eG,_,ed to me G-j ..:cy -.�:e y L^:e na:ne o the uor o::,_z V.:,v: aS Surety 2nd his��: el- o:•:n nate(s) .. . .:.ond,C CO S gid.-'Or'::j R E(AUVED MAY 23 1997 %'V. T. NAhSCH - CLERK BOARD OF SUPERVISORS CO VTR COSTA CO. By mak. 22&%e�IL Deputy SUBDIVISION AGREEMENT D, Ec EIVED f F/t AG7o (Bus. & Prof. Code Sees. 11611 & 11612) MAY 23 1967 (Contra Costa County Standard Form) V1. T. P A A S C H GOARD OF SUPERVISORS C CO. I. Parties and Purpose. The County of Contra Costa, a�. posa '_' dw:� w>"+tr subdivision of the State of California, hereinafter called "County", and BAY VIE,,T DEVELOPMENT COMPANY a Partnership hereinafter called "Subdivider", mutually agree that Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs and fire hydrants, and all improvements as required by the County Ordinance Code, as amended, especially Divi- sion 4 of Title 8 (Sections 8400 and following), and all improvements required in the approved improvement plan of Subdivision 3610 as per map now being filed with the County's Recorder; and Subdivider shall complete said work within two years from date hereof as required by the Subdivision Map Act of the. State of California (Business and Professions Code Section 11500 et seq. ), and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder. II. Costs. Subdivider shall pay when due the costs of all said improvements and work, and of relocating existing utilities when neces- sitated by said work, and of inspecting all such improvements and work. III. Survey. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. IV. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, in accordance with the provisions of Business and Professions Code Sec. 11612, deposit as security with the County: (1) the sum of $500 cash; together with . . . . . . . . . . . . (2) (A - Faithful Performance) additional security for at least the total estimated cost of the improvements and work less $500, to crit: One-hundred Forty-two Thousand Five-Hundred ***Dollars ($142,500.00) , in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond guaranteeing its faithful performance (Subdiv.Agrmt.,CCC Std.Form) -1- !!J of this agreement, plus (B - Labor &: Materials) another such additional security in the full amount of said estimated cost, to wit: One-hundred Forty-three Thousand ****** Dollars 0143.000.00 ), securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them or to the Subdivider for the improvements or work. V. Assignment. If, prior to County's acceptance of these improve- ments, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing it. VI. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances. VII Subdivider further agrees to perform those acts required by the attached supplemen al Agreement narked Exhibit "A". DATED: / COUNTY OF CONTRA COSTA SUBDIVIDER: (See note below) By I �fs' BAY-VWK DEVELOPMENT FOMPANY - - - harman of the oard of upervisors a-ttnership 1y ATTEST: W. T. PAASCH BY ` rtner County Clerk and ex-officio Clerk (Destgnate ff cia capac ty of the Board of Supervisors in the business) � GG By c��Lc !Z2-� Deputy Note to Subdivider: (1) Execute acknowledgment form below; and fflif a corporation, attach a certified copy of (a) the by-laws, or the resolution of the Board of Directors, authorizing execution of this contract and of the bonds required hereby. State of California (Acknowledgment by Corporation, County of �MTR4 C0,5T_R ss Partnership or Individual) On the person(s) whose name(s) is/are signed ab,6ve f r Su divider and who is known to me to be the individual and officer or partner as stated above who signed this i trument, and acknowledged to me that he executed it a t t corporation or partnership named above executed it. ;' . CA91. 6z VANE Notary Public for said County and State �Subdiv.Agrmt. ,000 Std.Form) ♦♦♦♦��♦�♦eeeeeeeee�ES HP-9;Rev.8-64 500) : D. fn�l GRAVES C^-Itra Crsta County •e��eeee♦•�e�eeeeee00•♦� FORM APPRUM yyJOHNH NEJEDLY, DIST. Ail: : �y Deputy: E�------_- . SUPPLE:avT L AGRB=T Su 3r D.IViSION 3610 5-YEAR -L Ii T I-2iCE Upon executing this Agreement, Subdivider shall deposit with the County the sum of $ 3,000. ?� cash which may be used by the County to cover Costs incurred by the County in performing extra- ordinary maintenance work to road and street improvements, tract drainage and sewerage systems within Areas 2 and 3 as shown on the attached map labeled E -hib t B, within a period of five years commencing from the date the County accepts the streets and sewers for maintenance. The County may accept the streets and sewers in Areas 2 and 3 at different times, in : h.ich case a separate5-year maintenance period will be used for each separate area and said maintenance period shall commence fro,m the date the County accepts the streets and setaers tti=it'rin each separate area, For purposes of this agreement extra-ordinary maintenance work is defined as repair or reconstruction work made necessary due to subsidence of the foundation material. The Count-ly shall be the sole judge as to when, what, and how extra-ordinary maintenance be performed. Upon completion of the final five-year period any of the said 3.000.00 cash deposit remaining :hall be returned to the subdivider. If said cash deposit is not enough to cover costs in- curred by the County in performing said extra-ordinary maintenance work, the Subdivider shall upon billinc- by the County, pay to the County whatever amount is due. AREA 0_; WORK N°o wor'.c shall commence within Area 3 as shown on said Exhibit B until. the CountyPublib Works Department issues a t•:ritten authorization to proceed and has been notified in writing by the County Building Inspection Department that a soils repoirt prepared by a soils en ineer has been received and that said report indicates estimated 30-gear -settlements will be no greater th an those expected in of er areas of • D-fr i b i t "A:r Subdivision 3610 Continued the subdivision as shown in the soils report. submitted cy :�ood'.ra. Clyde-Sherard and Associates, Consulting Soils Engineers and Geol- ogists, to the Contra Costa County 1'uildino Inspection Department dated April 23, 1967 regarding Bay View Par.. Unit No. 4, Contra Costa County Subdivision 3610. MIPORARY SL•TER SERVICE AND STREET BARRICADES Ir. order to provide server service for the lots in Areas 1 and 2, and before construction is completed within Area 3, a temporary sewer connection shall be constructed from, the manhole at the intersection of Rosedale Court and Cypress Avenue through lots 70 and 71 to the trunk line along the northerly property line. Upon completion of the server work in Area 3 said temporary connection shall be abandoned in place and the upstream end plugged with concrete. Prior to construction of said temporary connection the Subcivider shall submit eight sets of improvement plans for said connection to the Public T,Jorks Director for his review. Prior tc the County accepti ng the streets and servers rri'- in Area 2 and before street work has co mmer.ced in Area 3, the Subdivider shall at his expense furnish and install stanuard County barricades and W31R reflector sign at the ends of Rosedale Court and Ashbrook Drive con- structed as a part of Area 2. RE 77-RSIO : TO -:CRT GE If at the end of said two-year tfzme limit the soils report for Area 3, as described above, has not been received by the County Building inspection Department the Subdiviuer shall file a final map reverting to acreage all the Ian u •.rit..in Area 3 as shown on said Exhibit B. RREVOCABLE IA?STRJCTIONIS Subdivider agrees to execute with Western Title Guaranty Company, Contra Costa County Division, a Corporation, irrevocable instructions directing said Title Company that no deed shall be executed by said Title Company for lots 47 through 77, 93 rough 93, and, 119 1irough l 122 as designated on the final nap of Sa.,:._vision 3oIO without she • -2- _ Exhibit "A" Subdivision 3510 Continued prior written consent of the County Building Inspector, his ` successor or designee as representative of the County of Contra Costa. r tt. co v 11t � fi co O y\ 6i \ CD CD CD ul CD CD CD CDCPcam."'.,-..ice.. ..•. t1� O N 7 '•�� N �'� O N '\© '� " O N Up 0 W O ` O co m W I I � — O '4 \0) ! CD A tW /�� _ A � O / co Wco N U1 CD u ull s>CD W TOO CD O -- N ra ,� cam'+ N I W �`\ 0 tri l • ti N r r IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA April 24 197 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 3609, Danville Area ) Deposit: $500 ) Auditor's Permit No. 68173 ) Dated August 29, 1968 Refund to: ) Gentry Development Company P. O. Box 754 Danville, California 94526 On January 19, 1971 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above . I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 24th day of April , 1972 cc: Public Works (2) W. T. PAASCH, CLERK Subdivider , . „ e By u �- A��14006� , Deputy Clerk Helen C. Marshall In the Board of Supervisors of Contra Costa County, State of California February 9 , ig -71 M the Matter of Accepting as County Road BROOKSIDE DRIVE Widening, Subdivision 36099 San Ramon Area (Road Group 4827). The Board on January 19, 1971 having adopted Resolution No. 71/25 accepting as complete construction of improvements in � Subdivision 3609, San Ramon area, and having accepted certain streets in said subdivision as County roads; and ` The Public Works Director having reported that at the time 'said streets were accepted Brookside Drive widening was inad- vertently omitted; NOW, THEREFORE, on the -recommendation of the Public Works Director and on motion of Supervisor J. E. Moriarty, seconded by v Supervisor A. M. Dias, IT IS BY THE BOARD ORDERED that the 30-foot by 286-foot WIDENING of BROOKSIDE DRIVE, as shown on the amended �r map of Subdivision 36099 filed January 199 1971 in Book 129 of Maps at Page 24, official Records of Contra Costa Cbunty, State of California, is hereby ACCEPTED and DECLARED to be a County road of Contra Costa County. The foregoing order was passed by the following vote of the Board: AYES: Supervisors A. M. Dias, J. B. Moriarty, W. N. Boggesa, E. A. Linscheid, J. P. Kenny. NOES: 'None. ABSENT: None. 1 hereby certify dwt the foreooing is a true and correct copy of an ander en! read on the minutes of said Board of Supervisors on the dote aforesaid. Witness way hood sed the Sed of the Board of cc: Recorder Supervisors Public Works (2) affixed this 9th day of February, 19 1 Subdivider W. T. PAASCH, Clerk By �lc i c �J 6G.,��, Deputy Clerk Mildred 0. Ballard M 24 am IOM IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain roads as County ) RESOLUTION N0. 71/25 roads , Subdivision 3609, ) San Ramon Area. ) WHEREAS the Public Works Director having notified this Board that improvements have been completed in Subdivision 3609, San Ramon area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: � Subdivision Date of Agreement 3609, San Ramon area August 28, 1968 (United Pacific Insurance Company - not numbered) BE IT FURTHER RESOLVED that the $500 'cash deposit as surety (Auditor's Receipt No. 6817 + dated August 29, 1968 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads , having been heretofore dedicated to public use by the filing of .� map in the office of the County Recorder, be and the same are accepted and declared to be _ County roads of Contra Costa County: BROOKSIDE PLACE (32/52/0.13) EVE RET DRIVE (36/56/0.10) as shown and dedicated for public use on the map of Subdivision 3609 filed September 12, 1968 in Book 123 of Maps at Page 37, and the amended map filed January 19, 1970 in Book 129 of Haps at Page 24, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 19th day of January , 1971 by the following vote of the Board: AYES: Supervisors A. M. Dias, .J. B. Noriarty, W. N. Boggess, E. A. Linscheid, J. P. Kenny. NOES: None. ABSENT: None. RESOLUTION NO. 71/2,5 I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 19th day of January 19 . W. T. PAASCH, CLERK By z�ze l Mildred 0. Ballard Deputy Clerk cc: Recorder Public Works (2) Subdivider RESOLUTION NO. 71/25 Form #11.5; 2-69-500 In the Board of Supervisors of Contra Costa County, State of California September 2 191 69 In the Matter of Approval of Subdivision Agreement ELtension for Subdivision 3609, Danville Area. On motion of Supervisor T. J. Coll, seconded by Supervisor E. A. Li.nscheid, TT IS BY ZiE BOARD ORDERED that the Subdivision Agreement Mxtension for Subdivision 3609, Danville area, between, Darv".12e Place, a part=nership, Subdivider, United Pacific Insurance Company, bondsman, and the County of Contra Ccata for an additional period to and including August 28, 1970 is APPROVED. IT IS FURTK^R ORDERED that Supervisor J. F. Moriarty, Chairman of the Board, is AUTHORIZED to execute said Subdivision Agreement Extension on behalf cf the county. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, T. J. Coll, E. A. Linscheid, J. E. Moriarty. NOES: None. ABSENT: None. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed .his incl day of Sap .Pmh" 19 ._sjg cc: Public Works (2) W. T. PAASCH, Clerk Subdivider By Q�,'.', �11 --)11 c"Ll , epWyPlanningLtil�c �, D Clerk Arne H. McScrley (J M 24-5/69-IOM a r SUBIXVISION AGREE'4ENT EXTENSION Contra Costa Subdivision- Number �j : 3 Name DANVILLE PLACE (Original) Agreement Date : 8/28/68 Surety Name ; UNITED PACIFIC INSURANCE COMPANY Bond No. B-570808 Amount $39,600.00 Date 8/28/68 Utension Nov Termination Date 8/28/WA.->--j This Subdivider and his Surety desire that this subdivision agreement be extended through the above date; and Contra Costa County and the Surety hereby agree thereto and acknowledge same. FIDE ® t . T. PAASCH. CLERK OWD OF SUPERVISORS 894ONATY Od' pePaty Dated: August 28, 1969 DANVILLE PLACE CONTRA COSTA COUNTY BY: f Subdivider UNITED PACIFIC INSURANCE. COMPANY BYr.� - airman, Board of visors , WAtTER F. ME_ ,ATTOR - ety ATTEST: W. T. PAASCS, County Clerk and ex officio Clerk of the Board Deputy (NOTE: SUBEEVIDS.RIS AND SURETY'S SIGNATURES TO BE NOTARIZED) ^ HP-16 (Rev. 7-69) F` i IfOrl[IO SS on tYjt __...�. .28th of.____ August --_in the year One Thousand of 111AVAtu 77 Nine Hundred and......._69 _. -_--before me a Notary Public in and for the County of Alameda,State of California,residing therein,duly commissioned and sworn, personally appeared.. Rh'MS j,.„„�HAW ....................................................._..............................................................•.........................................._ __... GCJ';7AtES ............................................................................................................................................................._..... known to me to be one of the partners of the partnership that executed the within instrument, :!CCL';;IY. CALIF. and acknowledged to me that such partnership executed the same. At Witutss W 4ereuf. I have hereunto set my hand and affixed my official seal, in the County of . ' _cr ......_....._.; e day and year in this certificate first above written. �.. %� .. ..... _. %% ommission ;� Ex{�ires October 25 .......................................................... / 18fi9 RO Er'aONZACE� ✓ .A _.....A......tee..........,NorAnY PusaC arm NF26X-8n PiCA, Onklend, California OntD4nd,Calif. CaliforniaIn and for said County of__ _- _. State of State of California ss: County of ALAMA On August ``19�14�Efore me, the undersigned, a Notary Public in and for said County, personally appeared_ _ W�+ R � M1iRKTF known to me to 6e the person I whose name is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and 1 acknowledged to me that—he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h is i own name as Attorney-in-Fact. /I111111IIIIIIIII slits lltill III 11121::Iaa:123lat_ POSE GO;'l�ALES i - NOTARY PLIES IC ALANIcDA COUNITY. CALIF. i vigils 131211 ✓ f j My Commission expires k;V cxuires O&ohpr �1 1i otary Public in and for said County B-2004 California- Jurat (Alto mey-in-Fact Acknowledgment) Rev. 1-65 In the Board of Supervisors of Contra Costa County, State of California June 17 , 19,_69 in the Matter of Exoneration of Tax Bonds on Tract No. 3782, an Ramon Area, and Tracts Nos.0609 and 3712, Danville Area. The Office of the County Tax Collector having advised that county taxes for the fiscal year 1968-1969 on properties included in Tracts Nos. 3782, 3609 and 3712 have been paid in full, and said office having requested that the tax bonds filed with this office guaranteeing payment of the 1968-1969 tax liens on each of the said tracts be exonerated as followss Tract No, 37820 San Ranson area, Tax Bond No. A-570809 issued by United Pacific Insurance Company in the sum of $8,000, with Sycamore Construction Company as principal; �Tract' Nae 3609, Danville arca, Tax Bond No. B-570807 issued by United Pacific Insurance Company in the sum of $5000, with Danville Place, a partnership, as principal; and Tract Pio, 3712, Danville area, Tat Bond No. i3-562321 issued by United Pacific Insurance Company in the sum of $4,200, with Wesley Bailey Land Company as principal; NOW9 TBERWORE, on motion of Supervisor A. M. Dias, seoonded by Supervisor E. A. Linschoid, IT IS BY THE BOARD ORDERED that the bonds as set forth above be and the same are hereby EXONERATED. The foregoing order was passed by the following vote: AYES: Supervisors J. P. Kermy, A. H. Dias, E. A. Linscheid. NOES: None. ABSENT: Supervisors T. J. Coll, J. E. Moriarty. 1 hereby certify that the foregoing is a true and eorred copy of an order enIK d on the minutes of said Board of Supervisors on the date aforesaid. ec: Tax Collector Witness my hand and the Seal of the Board of Redemption Department Supervisors Bonding Company affixed :his 17th day of June , 19 .69 W. T. PAASCN, Clerk By cv Deputy Clerk Do y - 2arini H 24-5/69-IOM �fA16A`fit: RUE # Ir UNITED PACIFIC t k-':- INSURANCE GROUP ter, _• ) •Loama SAN FRANCISCO BRANCH:3S1 CALIFORNIA STREET • SAN FRANOA".! ALIFji3d j 94 PUBUC WORKS DEPARTMENT Walter T. Paasch, County Clerk Clerk Of The Board Contra Costa County Room 103, Administration Bldg. Box 911 Martinez, California 94553 Dear Sir: RE: SUBDIVISION TAX BOND NO. B-570807 DANVILLE PLACE This Company is surety on the captioned bond, executed on or about 8/28/68 in connection with Subdivision No. 3609 We would appreciate it if you would advise us whether or not these taxes have been paid and our bond exonerated. A stamped self-addressed envelope is enclosed for your convenience in replying. Yours very truly, UNITED PACIFIC INSURANCE COMPANY By Diana Kettell - Mr. G. BOND DEPARTMENT June 109 1969 The 1968-69 taxes on the property included in Tract 3609 I have beenpaid in 1111. i Deputy UNIM) rACIrIC INSURANCE COMPANY • UNITM I ACII"IC LIVE INSURANCE COMPANY • CASCADE INIMIMUCC COMPANY • UNI-PAC CORPORATION IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Fatter of Approval ) of Subdivision Ma of ) Tract 36099 DonvUlsArose ) RESOLUTION NO. 68/605 SEAS a map entitled Tract 3609 property located in the Deavills area , having been presented to this Board for approve , said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on t1xe roprty included in the map, and that the GIRF100t 1967.1968 T= I14b has been psis in ttill Md 1sho 1968•-1969 tax 11409 Whish bssams a lift an the first or NarsA, 1168 is ostisasod at $5.0001 and Letter from the Public works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4. Title 8, of the County Ordinance Code; 814"6► Boads issued by unit" posiris Insur■nso Caapsay milk Danville Plano, a partnorahip9 as ptLsipal Is Ike amount or 039,100 tor Faithtbl Porrb40an0e9 aN 039.600 r*F Labor sed Naterialsi and Cash Deposit (Auditor•s Hsooipt •o. 68173 daft& Asst 299 1968) in the assuat or 85001 and Band Against Tacos issued bre oaitsd PNirio ISSU unN Conpsy in the anoust or 05,000 g sssntsos" papMt or tstimsod 19681969 taxi and Iespootian loo in the amount or 01,9801 Subdivision agreement between Dsnvillo Place o/o Gan!!r Dtvolopnant Companym Pe 0. Boz 7549 DOMILIL01p UWASTUT101019 subdivider and the County of Contra Costa, wherein said Sub- divider agrees to complete road and street improvements, etc., in said subdivision withinog01019 -:gf�fram the date of said agreement; !a 1 RESOLUTION 190. 68/605 Form #23 NOW, THEREFORE, BE IT that said. bond& and the amount* thereof be and the same are hereby APPROVED. BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and. this Board does not accept or reject on behalf of the public my of the drives, sourtse plaese or oass mo dh thereon as dedieated to public use. PASSED AND ADOPTED this 3Z& _ day of seateibe! , 19-0, by the following vote of the Board: AYES: supervisors Jres P. Kam, Jaoe E. Moria149 Edmund A: Linesheid, Altred M. Diae. NOES: SpN ABSENT: Supervisor ?hea Jena Celle CERTIFIED COPY see Public dories (2) I certify that this is a- full. true & correct copy of Righplem the original `i��time�t� c hist n Subdl 1de! Su that ^t ;�. ;i f, , cL-.Pd I:1- '5 Bna.rd of _t 'o:: t , C<clifot'ni c date Pi1r,�;•, ,�,,. .r . , a, or, ^Ierk es-o:fi^ •,; T. PAASCH, county oy deputy clerk. io cic.t x of said Board of Supervisors, on RESOLUTION NO. -68/605 Form 23 68-6-200 PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR, ADMINISTRATION BUILDING MARTINEZ, CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR August 30, 1968 Subdivision 3609 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3609 in Supervisorial District III in the Danville area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is August 28, 1968. 2e A Surety Bond in the amount of $39,100 and a $500 cash deposit (Auditor's Receipt No. 68173 dated August 29, 1968) which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond in the amount of $39,600.00. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1969 tax, which became a lien on the first Monday of March, 1968 is estimated to be $5,000. 5. Tax Bond in the amount of 350000 guaranteeing payment of estimated 1969 tax. The map is submitted for filing by the Financial Title Company under the pro- visions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAU Public Work ire for By • L lie Assistant Public Works Director Highway Planning JP:sc Enclosures cc: Financial Title Company Planning Department Construction Division EMMETi HITCHCOCK LORRAINE K. MLANZ COUNTY TREASURER-TAX COLLECTOR PRINCIPAL CLERK TAX COLLECTOR'S OFFICE PHONE 226.3000 EXT. 363-366-367 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA FIRST INSTALLOF TAXES DELINT DUE AND PAYASLE H DAY AY OF APRIL ON THE FIRST DAY OF NOYKMBER ON THE 7KNiD SECOND INSTALLMENT OF TAXES ��pp��s,,,yQ SECOND INSTALLMENT OF TAXES DUE AND PAYASLE ASC'>��y �# 194 W8 DELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF DECEMBER This will certify that I have mawined the nap of the proposed subdivision entitled: TRACT No. 3609 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the wap. The current „1967:&$ tax lien has been paid in full. Our estimate of the 1968-69 tax lien, which became a lien on the first WMdW of Narch _19fil , is =5X�. Z*ffiTP HITCHCOCK Redemption Officer By;,-rn__�„�- Deputy mf A STATE OF CALIFORNIA CCOUNTY OF CONTRA COSTA On this 28th day of August, 1968, before me, the undersigned, a Notary Public in and for the County of Contra Costa, State of California, personally appeared REEVES L. SHAW, known to me to be the Secretary of SYCAMORE CONSTRUCTION COMPANY, a corporation, which is a partner of the partnership that executed the foregoing statement, and also known to me to be the party who executed it on behalf of such partner- ship, and acknowledged to me that such partnership executed same. ` OFFICIAL SEAL JUDITH A. URIZ �. �K 'r• "OSARl PUtWC•CALIFORvta N try y Public in an or the PRINCIPAL WFiCE :V CONTRA CorA COUNlY my of Contra CO to My Commission Expires fabtvary 6. 1972 State of California 1 Premium cha-rged for this bond is t-h-e sum of IMPROVEMENT SECURITY BOND (FaithfuZ Performance & Maintenance, AND Labor & Materials) (CaZif. Bus. & Prof. Code §ZZ612; Contra Costa County Standard Form) Z. OBLIGATION. (Principal) DANvILLE PLACE, a partnership as Principal., and (',b;urety) UNITED PACIFIC INSURANCE COMPANY a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in California, as Surety, hereu—y jointly and severally bind ourselves, our heirs , executors , administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintenance) THIRTY-NINE THOUSAND ONE HUNDRED and no/lOOths Dollars ($ 39,100.00# for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials) THIRTY-NINE THOUSAND SDC HUNDRED and no/100ths -Dollars ($ 39,600.00# for the benefit of persons protected under Cal. Bus. &Prof.Code §11612. 2. RECITALS. The Principal contracted with the County on August 28, 1968 to install qnd pay for street, drainage, and other improvements in Subdivi- sion No. 3609 , as per map now C)being filed with the County's Recorder, and to complete said work within ojL from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him accordin'9 to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on August 28, 1968 PRINCIPAL SURETY DANVIIXE PLACE. a partnership COMPT A L B --Xt,-fr -Y.Merle ttAo ney-inw�Fsu tt State of California ss. County of Alameda (ACKNOWLEDGMENT BY SURETY) On August 28, 1968 the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorneys)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Surety and his/their own name(s) as its Attorneys)-in-Fact. Nellie DeLaFiganierr- myr,3mmissionExpires September16,1971 Notary Public for said County and State (Imp. Sec.Bond, CCC std.Form) -14 't?", (HP-Z5;Rev. 8-67; 200) NEW-; be La FIGANIERE 2 U01ARY PU,,,,C ALAP-IEDA CO_ CALIF. Z- STATE OF CF:MPORNIi: CCO:WTY OF CONTRTS C08'1.'`% On this 28th day of August, 196£;, be"or•.� iue, the undersigned, a Notary Public in and for the County o:i_ Contra Costa, State of California, personally appeared t.l;BWES L. S T71:i, kno-v.n to iia to br. the Secretary of SYCAI OFL CONSTRLICi':CO : CJ'_:t'tll:� a Co3-}Ort-ItiLM, V71,13-Chis a partner of the partnership that r'�:� ct;J:: �ithe foreg0lng statE-mcrlt, and also known to me to be the z, 3:cy ::-_Lo exocutcd it On boha if of such partner- ship, and acknowledge:i to ut:? i:hat such parciic-rship e.ecuted same. OFFICIAL SEAL JUDITH A. URIZ - NOTARY PUBLIC-CALIFORNIAo. afor the PRINCIPAL OFFICE IN I\:� Yy Public In Ti'= CONTRA COSTA COUNTY C int-- of Contra COS La My Commisalon Expires February 6. 197;: SL.ate of Cali_ornia A Premium charged fojr this_bond ° is the sum of .�r4'`= DDND AGAINST TAXBS XWK ALL MW BY TRESS PRESENTS It THAT DANVILLE PLACE, a partnership as principal and UNITED PACIFIC INSURANCE COMPANY an* as sureties are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of FIVE TMIUSARD and no/100ths - - - - - - - DDLLAW (t,000.00# ) to be paid to the said County of Contra Costa, for the payment of which we and each of us bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. Sealed with our seals and dated this28th day of A...�_ 1968 The conditions of the above obligation are such that WHERBAS, the above bounded-principal is about to file a Map entitled SUBDIVISION No. 3609 and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said Tract of land covered by said Map, which taxes and special assessments collected as taxes, are not as yet due or payable. Now, therefore, if the said DANVILLE PLACE shall pay all of the taxes and special assessments collec. as = . taxes which are a lien against said tract of land covered.by"said ; . Map at the time of the filing of said Map of said Tract;--.thew"this' obligation shall be void and of no effect. otherwise it�shaTl main in full force and effect. DANVILLE PLACE, a partnership- by: *n"dw 4w7- ZW� (d"rA� Pcinelpal UNITED PACIFIC INSURANCE COWANY ' Su ty b . Walter F. Merkle Attorney-in-Fact State of California SG County of Alameda S r On August 28 19 68 before me, the undersigned, a Notary Public in and for said County, personally appeared TiTal ter'F_ Merkle known to me to 6e the person whose name is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that-he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h_ own name as Attorney-in-Fact. � :.0 l "A.L J I 4i iU i As is Y t '� t, raUtrdEDa cnunrr,cisttf. g My Commission expires_ Not ry Public in and fl'—said County B-2004 Colifomia - Jurat (Attorney-in.Fact Acknowledgment) Rev. I-65 I?T 4 SUBDIVISION AGREEMENT (§1) Subdivision: 3609 (§1) Subdivider: DANVILLE PLACE, (B. & P. Code §§116ZZ-Z2) aartnershi 1 Effective Date : AUgUSt ZU, 1968 (Contra Costa County (§1) Completion Period: One Year Standard Form; 8-67) (§4) Deposits : A. (cash) 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ 39,100.00 2. (labor,materials) 39,600.00 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (Z - Faithful Performance) additional security for at least the above--specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. S. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section 2; and if, at any time before the County's resolution of completion for the subdivision, the improvement plan prcves to be inadequate in any respect, Subdivi- der shall make changes necessary to accomplish the work as promised. -1- a 6. No Waiver by Count Inspection of the work and/or materials , or approvalo word and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and. conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards, commissions , officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 6. Costs. Subdivider shall pay when due all the costs of the work, including inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. I£ County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. 12. Record Map. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances. -2- FILED a"�r -- ,�n'-,�i W. T. PAASCH CLIM ftW OF SiWMISM 0IT A AUNTcV 87t �/� OIpyty . COUNTY CON�,VJX,_�MTA SUBDIVIDER: (see note below) By DANV LLE PLACE ; -yartpershjR Ch , 50 rd _ors BY:SYCAMORE CQNSTP.UCTION'COMPANY, B �i�, 'a partner. y ATTEST: W. T. PAASCH, County Clerk TReeves L. Shaw, = & ex officio Clerk of the Board Secretary By Note to Subdivider: (Z) Execute Deputy acknowledgment form below; and (2) If a corporation, attach a certified copy of (a) the by- FORM APPROVED: JOHN A. NEJEDLY laws or (b) the resolution of District Attorr y the Board of Directors, authori- zing execution of this contract By „ and of the bonds required hereby. Deputy State of California ) ss. (Acknowledgment by Corporation, County of Contra Costa } Partnership or Individual) On August 28, 1968 , the person(s) whose name(s) is,'are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and ac- knowledged to me that he executed it and that the corporation or partner- ship named above executed it. OFFICIAL SEAL 46, JUDITH A. URIZ NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN CONTRA COS1A COUNiY Judith A. Uriz My Commission Expires Febnwy 6. IM Notary Public for said County and q-tate (Subdiv. Agrmt. CCC Std. Form) (HP-8; Rev. 8-6?; 200) �3_ SIPECXAL MEW= or BOARD� OF OrRO M PS or SYC:AI+B,W MANY At a special mating of the Hoard of Directors of SYCANOW aONSTKULVION COMPANY, a California aorporatirn, duly ocawned mad held on the 26th day of August, 1968, the following Aaolutian was passed: Wim, Sycamore Construction Company, a California c" 1c91KALation, is a partner in Danville Place, a Partnership, and the developer of Subdivision 3609 in the Canty of Contra costs, and WWS, the Canty of Contra Costa requires the execution by said partnership of a Subdivision Kuaaatt A9reseec:t, and WtEMAS, the Canty of Contra Costa requires a Faithful Performance coed in the sun of THIM Y NIM THOUSAND CINE M1tDAD ($39,100.00) DOUARS and a Labor and Material Band in the sun of THIM NIM THOUSAND SIX HUNURD ($39,600.00) DQLUW, and WAS, it is required by the State of California, Division of Peal Estate, that a Subdivision Questionnaire oon- oeming said Subdivision 3609 be emcuted and submitted to the Stage of California in application for a Final Subdivision Public Report, and W AS, the Hoard of Directors of Sycamore Construction Company deem it in the best interests of said corporation to execute said Agreement in its usual form and post the Faithful Performance Hand arca the Labor and Material Band in the sum as aforesaid and execute said Questionnaire, it is - 1 - STATE OF CALIFORNIA COUNTY OF Contra Costa SS' On August 28, 1968 before me, the undersigned,a Notary Public in and for said State, personally appeared Reeves L. Shaw IVilidt: —4Q %* known to me to be Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within OFFICIAL SEAL instrument pursuant to its by-laws or a resolution of its board of directors. JUDITH A. URIZ WITNESS m hand and ofeial seal. NOTARY Puo;1C-C-L1WRMA PR.NCIPAL OFFICE IN CONTRA COSTA COUNTY Signat MY Ca+rait�fion Espins fabYwry 6. 197'1 i �/Uditb A. Uriz Name (Typed or Printed) '""�' Corporation' .i Special Meeting of Board of Directors of Sycamore ocnstructian Qanpaiy Page 2 of 2 3 NCR THEIERNE HESOLVID, by Stere Construction Caqmny that the secretary of said oorpoacatiai, to wit, BEEVES L. SHAW, be and he is hereby authorised to wmcute cn behalf of said corparatian a said Subdivision Agremant with the Qomty of Cmtra Costa, State of California, and secure the Faithful Performance Band and the Labor and Material Bond in the sums set forth hereinabove and execute said Questiaiaire for the State of California. DAA this 28th day of August, 1968, in the City of Danville, County of Contra Costa, State of California. FEEVES L. SHAW, Secretary Sycamore Construction Caq)any Y v y 1 j M •..- .i....:4x3•'1'M..w;i.,�^ v.,,.::k-...-,.4f' r'..',-3.s.Yy^:'«t:14. ..+..•_..c+-wt.L.:+.a.'•Y :cr..Y..'xo. .-..-" . r in the Board of Supervisors t of Contra Costa County, State of California Februan 6 196 In the Matter of Releasing Cash Deposit, as Required under Ordinance 1430, In Tract 36139 Shore Acres Area. The Public Works Director having recommended that cash deposit in the sum of $500 deposited with the County Treasurer by Western Title Guaranty Company, P. 0. Box 3119 Martinez, California, (Auditor's Receipt No. 53145 dated September 14, 1966) to guarantee completion of road and street improvements in Tract 3613, Shore Acres area, be released; and On motion of Supervisor E. A. Linscheid, seconded by Super- visor J. E. Moriarty, IT IS BY THE BOARD ORDERED that said cash deposit in the amount of $500 be and the same Is hereby RELEASED. The foregoing order was passed by the following vote of the Board: AYES: Supervisors James P. Kenny, James E. Moriarty, Thomas John Coll, Edmund A. Linscheid, Alfred M. Dias. NOES: None. ABSENT: None. t 1 hereby certify that the foregoing is a true and correct copy of an order entered on the niMwles of said Board of Supervisors on the dale aforesaid. Witness my hand and the Seal of the Board of cc: Public Works .(4) Supervisors Business & Services Div., affixed this 6th day of Februarsr , 196 _ Administra,cor Western Title Guaranty, Co. W. T. PAASCH, Clerk J By IJ Deputy Clerk W4.10/67-5M Mildred-O. Ballard IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) 6?/1 certain road: as _ County ) RESOLUTION N0. roadj. ) WHEREAS, the Public Works Director having notified this Board of the completion of improvements in the subdivision here- inafter listed as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map, Tract 3623 • s NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of tli�ls-inn wo"I action under said Subdivision Agreementy Mawr Subdivision Date of Agreement Treat 3613, Sboio Acne alma Amr'ast 24, 1966 s o ca jc"rrmoe 0g"m r - toad oto. 97(2-7748) IWr IT -1VRMM r't1kVLVF.3 that the 35W auh aoad be retalea! to ivieuve cowletion of a" awr defietweLase i\ BE IT FURTHER RESOLVED that the hereinafter described roads, having been heretofore dedicated to public use by the QWng of map in the office of the County Recorder be and the same accepted and declared to be _ County road of Contra Costa County: CX}tn. M IMM WAY as eh(m and dedicated for public use on the ftV of 3ubdivisim 3613 filed mbar 210 1966 to -%"k 313 of Fjoe at PUR 6, Records of Contra Costa County, State of California. PASSED AND ADOPTED this day of Pebms27 , 194-9 by the following vote of the Board: fuuervisors Jams _'. Ker rwo zed R. Diasc Jax" P* AYES: 0 ys ThwAs John CaU g 'diad A. Liandi l+d. NOES: '' • ABSENT: ? ' RESOLUTION NO. 6711M Form #23.3 t I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution entered on the minutes of said Board of Super- visors on the jkgL__ day of Febrafty 196 . Witness my hand and the Seal of the Board of Supervisors affixed this 24th day of Feby , 196 7 . W. T. PAASCH, CLERK c By rr)A , Deputy Clerk qac: Public Worft (4) Fwcaadw Auditor Subdiv ider Bonding Ca q=y RFsowncm no. 67/x,02 13 THE BOAIW OF STtt FIV ISORS OF In the PAtter of Approval of } Subdivision N,ak7 of Tract 3-613, } Rr..a`tlU:Tit l W, 55% Shore Acres ansa. ) LAPKI FAS a map entitled Tract 3633, property located in the Shore Acnes area, having been presented to tdis Board for approvsrl,$ said mW having, been certft flied by the proper of i'icia:.a, and being accaVanied by a letter Pram the fledamption Officer atuting; that there are no unpaid Couaty taxes heretofore levied on the prop- ertar included in the =aq,7, and that tits current 1965-6-6 tax lien has been paid In. Pull., and that the 1966-67 tax lien, unirh became a lien on ;he first Konday of X'arch, 396f, is estimated to b,e ::3,5W; and ""he Publicorl:s Director having, filed with the: Work of the hoard the following bonds and deposits to &iuwantee the completion of rood and street improve. amits as rw#dred by division L, Title ii, of the Count-/ Ordinance Cade, to wits Tax bond in the amount of $1,500 with "arl Wo with Vevelopars, Ltd, as principal., and Jams i.. Heglund and Ronald it's 3esrion as sureties, gpnran ing pay- ment of the estimated 1966-67 taxes; and The following surety bonds (Bond No. 9701-77-16), issued by Transamerica Insurance Compgtty, with `url :1. Smith Developers, Ltd., as principals Faithful Performance bond in t-he amount of $41v400, and Labor and Materials bond in the amount of SL3.99000 guaranteeing completion of road sad street improvemente; $500 cash deposit (Auditor's Receipt Roe 53W. dated September 14, 3966); and Subdivision Agreement between 1-arl W. loins Davelopors, Ltd,, subdivider, and the County of Contin kGosta, wherein said subdivider agrees to complete road and street improveownts, etc,,, in said subdivision within one year frau the date of said atrearaent; ?;irW, ?;ifREFORE2 .Xa 1T that said bonds and deposit and tho amounts thereo4 together with the Subdivision Agmenent, be and the same aro hereby APPF NEN, and the Chairatar of this Board is AU' tX;F.I to execute said Agseawnt. BE iT FtJ}STIER P.35071,V P that said map be and 'Uns same is hereby hrPt'Fttlita and this Board dans not accept on behalf of the public any of the streets, rands -avenues,, or easments shown thereon as dedicated to iaublic use. PASSED AIV A.i3iI•PTI':.i' Uds 20th day of Sep r, 3.966, by the fbllming vote of Vie Boards AY93s Supervisors Alfred 4. Mas, James �;-. Moriarty, Than" John Con, 'Edmund A. Linscheid, Jamas P, Kennye CEIIVI'1f IED COPY h is fi n' i certify that this is a full, true & correct cony of j the original document �:�hich is on file `n my office, /l}3,' ITs ` °n$' and that it Was >>assed ez adontec; by the Board of Supervisors of Contra Costa Count}•, C, forma, on the date shown. ATTEST: W. T. i'A_1SCH, county cc: Public Worms (3) clerk&ex-officio clerk of said Board of Supervisors, Planning by deputy clerk. Western Title Guarantee Company �i .STI{}l"1 `10. 5505 ` EMMETT HITCHCOCKj �/ �"- LORRAINE K. PLANZ COUNTY TREASNRER•TAX COLLECTOR �-�� PRINCIPAL CLSAK - TAX COLLECTOR'S OFFICE PHONE 226.3000 EXT. 3113-3116-367 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA FIRST INSTALLMENT OF TAXES DUE AND PAYABLE D[LINOU[NT ON THE FIPST DAY OF NOVEM6ER [ ON THE TENTH DAY OF APRIL SECONO INSTALLMENT OF TAXIS August y 23, 1966 SECOND INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE T[ DAYor AY OF OLC[M6[R FILED SEP2 019E�1 W. T. PAASCH I OLERK BOARD OF SUPERVISORS A COSTA CO. ny _ Deputy This will certify that I have examined the Sap of the proposed subdivision entitled: TRACT NO. 3613 and have determined from, the official tax records that there are no unpail County takes heretofore levied on the property included in the wap. The current 166 tax lien has been paid in full. Our estivate of the 1966-67 tax lien, which became a lien on the first lfonday of )kr ch : 1966. is $ 1,SQQ,00. MG&ITT HITCHCOCK Redemption Officer By: / Die pilty dl v ,x Z STATE OF California ` COUNTY OF San Francisco On this d _day of September in the year one thousand nine hundred and__.__......__.. 66 before me Lillian G. Horton a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally ap- peared__ R. W. MAYTHAM, JR. known to me to be the duly authorized Attorney-in-Fact of the TRANSAMERICA INSURANCE COMPANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me that he subscribed the name of the TRANSAMERICA INSURANCE COMPANY thereto as Surety and his own name as Attorney-in-Fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this cer- tificate first above written. LILLIAN 0-. F4C1-PT0- 143 M t.'?f'.iTTi;ssfon Expires May 3, 1969 Notary Public in and for said County and State �s i;; Bond No. 9702-77-18 Premium: $629.qQ forthe IMPROVE M_ZNT SECURITY BOND first two years (Faithful Performance, AND Labor & Materials) (Calif. Bus. & Prof. Code Sec. 11612; Contra Costa County Standard Form, *? 1. OBLIGATION. Earl W. Smith Developers, Ltd. as Principal and (SureV) Transamerica Insurance Compares a corporation organized and existing under the laws of the Stat6 of rQjjfnjq and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance) FORTY OY4Z THOUS0.D FOUR HUNDR&D - - - - - - - - - - - - - - -Dollars ($ 41,400.00 for itself or any City-assignee pursuant to the s-ul—division contract referred to below, plus _(B - Labor & Materials} FORTY OIN& THOTJSAIM NINE HU1ZDRSD - - - - - - - - - - - - - - -Dollars ($ L1,0900-00 for the use and benefit of persons entitled thereto under California Business and Professions Code Section 11612. 2. RECITALS. The Principal contracted with the County on August 24. 1966 to install and pay for street improvements, tract drainage, and other improve- ments as required by the County's Ordinance Code and the approved improvement plan of Subdivision No. 3613 , as per map now being filed with the County's Recorder, and to complete said work within One Year from said date, in accordance with applicable State laws, County ordinances and rulings thereunder. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent to make such alterations without further notice to or consent by Surety is hereby given; and the Surety hereby waives the provisions of Calif. Civil Code Sec. 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney's fees as fixed by the court to be. taxed as costs and included in the judgment. SIGNED AND SEALED on September 2,, 1.966 PRINCIPAL EARL W. S.,=H DEV_,LOPZM, LTD., SURETY a partnership By: &ARL W. &T.111TH DJ!2JOP.'.!ENT 019GILNI7ATION a corporation, General Partner TRITSAURICA INSURANCE 901TIA-11-1 BY -;:,6L, re Vice Ps. By - ATTFO,rl!,;EY 111TACT State of California ss. County of (ACKNOWLEDGME-NT BY SURETY) On the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorneys)-in-Fact for this Co orate Surety, personally appeared before me and acknowledged to me that he7they signed the name of the Corporation as Surety and his/their oim name(s) as its Attorneys)-in-Fact. Notary Public for said qdmn69P ap-9- Imp. Sec.Bond,CCC Std.Form) HP-15;Rev.8-64;500) FILED SEP2 0 jH, W. T. P.-IMSCI , OLEAK POARD OF SUP CON22)k COST- i-; BOND AGAINST TAXES KNOW ALL MEDT BY THESE PRESENTS: THAT Earl W. Smith Developers, Ltd. , as principal and James L. Hegland and Ronald R_ Seamon as sureties are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of One Thousand Five hundred Dollars ($ 1500.00 ), to be paid to the said County of Contra Costa, for the payment of which well and truly to be made, we and each of us bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. Sealed with our seals and dated this 2 day of The conditions of the above obligation is such that WHEREAS, the above bounded principal is about to file a -map entitled Subdivision 3613 Marina Vista Unit No. 2 and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said Tract of land covered by said map, which taxes and special assessments collected as taxes, are not as yet due or payable. NOW, THEREFORE, if the said DrinciDal shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said map, at the time of the filing of said map of said Tract, then this obligation shall be void and of no effect. Otherwise it '-shall re- main in full forc nd effect. EARL W. SMITH DEVELOPLRS, LTD., partnership ` by: Earl W. Smith Development f rganizat a FcorpDk;' oration, General Partne By: 4�jllig S Pe "yan rinc p .- 66 $ ti� 1 C H oR. Ro ald R. Se mon Surety !y _ mes L. Hegland Surety State of California ss. County of Contra Costa Ronald R. Seamon and James L Heglgind Sureties named in the foregoing bond, being duly sworn, each for himself says: That he is a freeholder and resident within said State and is worth the said sum of One Thousand Five Hundred Dollars, over and above all his debts an iabilit es, exclusive of property exe pt from ec tion. I es Jd d Subscribed and savor to / �1 befor me this day Ronald R. Seamon of , lg GG . BETTY J. WARD R� W Ae ) NOTARY PUBLIC 11L CONTRA COSTA CO.,CALIF. 1 f M ED SUBDIVISION AGREEMENT StP2 0}96;� ` (Bus. & Prof. Code Secs. 11611 & 11612) W. T. PAASCH ? OLERX BOARD OF %UP*%Vi10ft ( Contra Costa County Standard Form) A COSTA cc, er --S awtr I. Parties and Purpose. The County of Contra Costa, a political subdivision of the State of California, hereinafter called "County", and _ Earl W. Smith Develoaers, Ltd. hereinafter called "Subdivider", mutually agree that Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs and fire hydrants, and all improvements as required by the County Ordinance Code, as amended, especially Divi- sion 4 of Title 8 (Sections 8400 and following), and all improvements required in the approved improvement plan of Subdivision 3613 , as per map now being filed with the County's Recorder; and Subdivider shall complete said work within One Year from date hereof as required by the Subdivision Map Act of the State of California (Business and Professions Code Section 11500 et seq. ), and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder. II. Costs. Subdivider shall pay when due the costs of all said improvements and work, and of relocating existing utilities when neces- sitated by said work, and of inspecting all such improvements and work. III. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. IV. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, * in accordance with the provisions of Business and Professions Code Sec. 11612, deposit as security with the County: ( 1) the sum of $500 cash; together with . . . . . . . . . . . . (2) (A - Faithful Performance) additional security for at least the total estimated cost of the improvements and work less $500, to wit: Fortv One Thousand Four Hundred - - -- - - - -Dollars ( $ ,1.400.00 ) in the form of a cash deposit, a certified or cashier 's check, or an acceptable corporate surety bond guaranteeing its faithful performance (Subdiv. Agrmt. , CCC Std. Form) -1- of this agreement, plus (B - Labor & Materials) another such additional security in the full amount of said estimated cost, to wit: Forty One Thousand Nine Hundred - - - - - - - - - - - - Dollars ( $41,900,00 ), securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them or to the Subdivider for the improvements or work. V. Lighting District Fee. (See addendum attached hereto. ) VT Assignment. If, prior to County's acceptance of these improvements, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing it. VII In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as onecomplying with State laws and County ordinances. DATED August 24, 1966 COUNT F CONTRA C STA SUBDIVIDER: (See note below) EARL 17. S1,11l1 DEVzUOPERS, LTD., a partner- By _ ship By: EARL 11. SMITH DEV�,0Y,!&NT ORGAN- rman of the BoAnd of rvisors i a- co�oraion, neralartner A ST: W. -T. PAASCH By, Vice Pres. County Clerk and ex-officio Clerk 4i�ignlate!/O-ffic capacity of the Board of Supervisors in the business C Deputy Note to Subdivider: ( 1) Execute acknowlegement form below; and (2) if a corporation, attach a certified copy of (a) the by-laws, or b the resolution of the Board of Directors, authorizing execution of this contract and of the bonds required hereby. State of California (Acknowlegement by Corporation County of CONTRA COSTA ss Partnership or Individual) On August 24, 1966 the person( s) whose name(s) is/ftp signed above for Subdivider and who is known to me to be the individual and officer r as stated above who-signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. _ f000006e000000iodiv6V��t �/j l e T. A. ESKELIN e •�r Notary Public e T. A. Eskelin 0-11.3 ccst3 County o $trite c! C3ii}3tni3 41 6 ao�o-eeor.�evwssoeoe.� Notary Public for said County anT tate ?fir commission expires 7/18/68 (Sub div, Agrmt. CCC Std. Form) HP-9; Rev.A�n6 aA0ASSf0 FORM JOHN A. NEJEDLY DISTi'.ICi ZTOPNEY (illej i�yt 2- DI 1i• ttomey),, DATE:o�C r z V - Lighting District Fee Prior to approval of the final map, the subdivider shall deposit a check with the County Clerk, payable to the County of Contra Costa, to wit: T1,10 HUNDRED NIMTY-EIGHT Aim 20/100 - - - - - - - - Dollars $ ?Q8.20 _ , which amount is estimated to be suffIcien , and is to be so used, to energize the street lights shown on the Street Lighting part of the improve- ment plans from the .estimated date of acceptance of the roads by the County for maintenance and occupancy of at least 50% of the units in the Subdivision, to the estimated date when tax revenues will be available for said street lights: The County will refund to the subdivider any portion of the deposit not expended as provided herein. F - LED SEPM96- W. T. PAASCH !OZ.ERK BOARD Or SUPERVISORS • d 603TA tom. l• In the Board of Supervisors of Contra Costa County, State of California August 26 In the Matter of Subdivision 3634, Walnut Creek. The Public Works Director having notified the Board of Supervisors that Subdivision 3634, Walnut Creek area, has been annexed to the City of Walnut Creek subsequent to the filing of Final ?•;ap for said subdivision in Book 123 of Claps at Page 10 on September 4, 1968; On motion of Supervisor E. A. Linscheid, seconded by Supervisor T. J. Coll, IT IS BY 7iHE, BOARD ORDr'IED that all the rights under Subdivision Agreement dated September 3, 1968 between the County of Contra Costa and Stark and Sutter, c/o :•lestern 'Mortgage Company, 1531 Ht. Diablo Boulevard, T-Ialnut Creek, California, are hereby RELEASED and ASSIGNED to the City of Vlalnut Creek. IT IS FURTHER ORDERED that the Public 4:orks Director is hereby AUTHORIZED to transfer to the City of Walnut Creek the X500 cash bond surety (evidenced by Auditor 's Deposit Permit No. 6800 . dated August 20, 1968), which would be retained for a period of one year in conformance with the requirements of Section 8429 of the Subdivision Ordinance if this subdivision had remained in the County of Contra Costa. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. X. Dias, T. J. Coll, E. A. Linscheid, J. E. Moriarty. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Public Works (2) Witness my hand and the Seal of the Board of Auditor Supervisors City of i:alnut Creek affixed thiso .b day of An:!-jis t , 196 Stark and Sutter C/o :r'estern ,ortgage Co. 4/ W. T. PAASCH, Clerk 1531 .`:t. Diablo Blvd. gyr�lyf�x� � � Deputy Clerk Ialnut Creek, California Dorothy Lazzarini H 24-5/69-i0m IN THE BOARD OF SUPIMSORS OF CONTRA COSTA COUNffs STATE OF CALIFORIIA ' r In the Matter of Approval ) of Subdivision Map of ) Tract 363$9 Walnut Creek RESOLUTION Y0. 68/608 Area. ) WHEREAS a map entitled Tract 3634 , property located in the W , having been presented to this Board for approval, said map hav ng been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the currelit 1967-1968 tax lien has been paid in full, and estimate of the 1968-1969 tax lien, which beoame a lien on the first of March, 19689 is $19S50; and Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4. Title 8, of the County Ordinance Code; Surety bonds issued by Globe Indemnity Company in the amount of $15,900 for Faithful Performance, and $169400 for Labor and Materials; and Cash Deposit (Auditor's Receipt No, 68004 dated AWMet. 209 1968) in the amount of $500; and Bond Against Taxes issued by Globe Indemnity Company in the amount of =1050 goarsnteeing payment of the estimated 1968-1969 ta:; and Inspection Fee in the amount of $820; Subdivision agreement between Stark and Sutter, c/o Western Mortgage Company, 1531 Mt. Diablo Boulevard, Walnut Creek, Califosmij subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete road and street improvements, etc., In said subdivision within one year from the date of said agreement; RESOLUTION NO. 68/608 Form #23 NOW 9 THEREFORE, BE IT RESOLVED that said bondlL and and the amounts thereof be and the same are hereby AP OVER. BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and. this Board does not accept or reject on behalf of- the public ani of the streets, roads, avenues or easements shorn thereon as dedleated to public use. PASSED AND ADOPTED this --3rA day of !'tilt 9 19-09 by the following vote of the Board: AYES: Supervisors Janes P. [ennp, Jones Z. Moriarty, Sdsund A. Linseheid, Alfred M. Dias. NOES: None: ABSENT: Supervisor Thomas John Coll. aa: Public Works (2) Highway Planning Subdivider CERTIFIED COPY I certify that this is a full, true & correct copy of the oribi;'al cin�!!men', is on file in my offtee, and that t :.... :,s• ,: a cap,? �,.. +},, Board of �anE'r ( ?':i il: 'v. f.•F i'n..a { carp.,,, ar t.. C' i.r . o:'nia, on '.IleI::;i : W. i T. PAA,, H, county clerk&cx-off info clerk of said Eoard of Supervisors, by deputy clerk. on RESOLUTION NO. -68/608 Form 23 68-6-200 PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F. R. BROV.N PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER•SURVEYOR ETH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR August 29, 1968 Subdivision 3634 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3634 in Supervisorial District IV in the Walnut Creek area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is September 3, 1969. 2. A Surety Bond in the amount of $15,900 and a 1500 cash deposit (Auditor's Receipt No. 68004 dated August 20, 1968) which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond in the amount of 116,400. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1969 tax, which became a lien on the first Monday of March, 1968 is estimated to be 11,550. 5. Tax Bond in the amount of 11,550 guaranteeing payment of estimated 1969 tax. The map is submitted for filing by the Western Title Guaranty Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAU�R Public Work Direct X;W By V. L. C1 ne Assistant Public Works Director Highway Planning JP:sc Enclosures cc: Western Title Guaranty Company Planning Department Construction Division ■ EMMETT HITCHCOCK LORRA114E K. PLANZ COUNTY TREASURER-TAX COLLECTOR PRINCIPAL CLERK TAX COLLECTOR'S OFFICE PHONE 228.3000 EXT. 383-388-387 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF NOVEMBER ON THE TENTH DAY OF APRIL SECOND INSTALLMENT OF TAXES �'»pngt �, 196 SECOND INSTALLMENT OF TAXES DUE AND PAYABLE ``��bgu3 DELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF DEC[MB[R This will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 3634 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 19_ 6` tax lien has been paid in full. Our estimate of the , 1968-69 tax lien, which became a lien on the first Monday of March, 1968, is =_1,550.00 . ffiNK= HITCHCOCK Redemption Officer By: DeoAy dl � ' 67 OIV Sy co .41 0- Or,- - ' 42 0 � ~ '�__ 3013D AGAINTST TAXES '=01-T ALL. 11•1EI F! T_aESE PRESENTS: Fortney H. Star'., Sr. and Dorothy '�I. Star': his wife THAT and Arthur H. Sutter and Judith Jane Sutter, his , as principal wife anI (Suretr_ltl y) a corporation gr rn��rAr��Y.C1?b1PANV -.:?ani--ed a::d existing under the lairs of the State of NEW y pK CD and authorized to transact surety business in California as surety are held and firmly bound unto the County of Contra Costa, State of Cali_'ornia, in the penal sun of One Thousand Five Hundred and Fifty Dollars 0 1. 95-).00 }, to be paid to the said County of Contra Costa, for the payment of which will and truly to be .rade„ re and each of us bind ourselves, our heirs, executors, adminis- trators and' successors, jointly and severally, firmly by these presents. Sealed with our seals and dated this 16th day of AUGUST 19 r- . The conditions of the above obligation is such that 1,MREAS, the above bounded, principal is about to file a map entitled Subdivision 3634 anw coverinS. a sub,:ivision of a tract of land in said County of Contra Costa, and there aTe certain liens for tares and special assessments coilectau as �a..es, a,,ainst the said Tract of land covered by said map, taxes ur. soecial assessments collecte: as taxes, are not as yet ,'u :-- or payabl z. -1,,;' �'.: ., file Sa i i Principals shall Gay all 31' t'.--e taxes an:: siecia3 assessments collected as J_ which a_?e a lien a,,ainst sail tract o�' land covered by said map, at the time o:" file f ilin" of. said map of said Tract, then this obligation s:za'_I be void andof ryd'e�' Wwre it shall re- �main _n full force and,. effect. ` � r � z !fir hu T;; 'Sa tte 7r1nc pa � i- Fo ney H. Sta Fri c pa Juditii _ne mutter r ncip'a�— orothy III, ar : r ncipa I GLOBE INDEWITY COMPANY urety Djy: J Ac_:now! c—IUement A. DAVID MOLKE (�y surety) 1 SUBDIVISION AGREEMENT (§1) Subdivision: 3634 (§1) Subdivider: Fortney H. Stark, Sr. , (B. & P. Code §§ll6ZZ-12)Dorothv M. Stark His Wife;Arthur H. ut er & Jane 1 Effective Date: 3 i 6k Sutter, (Contra Costa County (§1) Completion Period. ne ear his wife Standard Form; 8-67) (§4) Deposits: A. (cash) 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ j9 .q00,00 2. (labor,materials)$ 16.400.00 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs , fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments , and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in actor- , dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free froF defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429 ; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement , u divider shall, pursuant to Bus . & Profs. Code §11612 , deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (I - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier' s check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors , and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section 2; and if, at any time before the County's resolution of completion for the subdivision, the improvement plan proves to be inadequate in any respect, Subdivi- der shall make changes necessary to accomplish the work as promised. FILEDr W. T. PAABCH Cp.'%TRA Q9 109k1Tr w 6. No Waiver by County. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and. conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers, agents and employees; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, . and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters . 8. Costs. Subdivider shall pay when due all the costs of the work, inclTud-1-ng inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. 10. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements, the subdivision is-annexed to a city, the County may assign to that city the County' s rights under this agreement and/or any deposit or bond securing they*.. 12. Record Map. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances. -2- 1 SUBDIVIDER: FcYrtney H. &tark, Sr. Dor Stark Arthur H. Su er ..J ju&tne Sutter COUNT CMrTrvisors SUBDIVIDER: (see note below) By See Above for Signatures Ch n, By ATTEST: W. T. PAASCH, County Clerk (Designate official capacity & ex officio Clerk of the Board in the business) ByA&eZ �Ad� Note to Subdivider: (Z) Execute Deputy ac now a gment orm below; and (2) If a corporation, attach a certified copy of (a) the by- FORM APPROVED: JOHN A. NEJEDLY laws or (b) the resolution of District,Attorne the Board of Directors, authori- zing execution of this contract By - and of the bonds required hereby. Dep u y State of Cal fornia //'' ) ss . (Acknowledgment by Corporation, County of �D/llMA C, %STA ) Partnership or Individual) On 06 V($Usi /� . 1908 , the person(s) whose name(s) is/are signed above f r Subdivider and who- is known to me to be the individual and officer or partner as stated above who signed this instrument , and ac- knowledged to me that he executed it and that the corporation or partner- ship named above executed it. �uu�mwuwnsuu�unnnuwwx�wnurwg OFFICIAL SEAL R. W. JENSEN "� NOTARY PUBLIC - CALIFORNIA M PRINCIPAL OFFICE IN THE 7T' �. �/� se r) 36 COUNTY OF CONTRA COSTA - ��' �I>131:itE!!t!!3ll7til:!!tlE3/lI:Ul31t:i:733lF32[I1:f71� . Notary Public for said County and State (Subdiv. Agrmt. CCC Std. Form) (8P-8; Rev. 8-67; 200) -3_ IMPROVEMENT SECURITY BOND (Faithful Performance & Maintenance, AND Labor & Materials) (Calif. Bus. & Prof. Code §ZZ6Z2; Contra Costa County Standard Form) Fortney H. Star!-,, Sr, and Dorothy M. Stark, His Wife Z. OBLIGATION. and Arthur H. Sutter and Judith Jane Sutter, (Principal) His Wife as Principal, and ure y MORE I�F�.iIY CtU1,4EAN11 a corporation organized and existing under the laws of the State of NEW VIIRY and authorized to transact surety business in California, as Surety, ere y jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintenance) Fifteen Thousand Nine Hundred Dollars ($ 15,900.00 ) for itself or any City-assignee under the below-c ted subdivision con rac , plus (B - Labor & Materials) Sixteen Thousand, Four Hundred Dollars ($ 16,400.00 ) for the benefit of persons protected under Cal. Bus.&Prof.Code §11612. 2. RECITALS. The Principal contracted with the County on 210619 to install and pay for street, drainage, and other improvements in Subdivi- sion No. 3634 , as per map now being filed with the County's Recorder, and to complete said work within Onp near from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on AILMICT it 1868 i PRINCIPAL ori e ar: r. SURETY vi. 0 L, GLO Arthur H. Sutter By By .01 Judith Jane Sutter A.WVID MOLKE State of Cali orn a ) ss, County of��. ) (ACKNOWLEDGMENT BY SURETY) On the person(s) whose name(s) is/are signed above for SureVy and who is known to me to be the Attorneys)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corpo tion as Surety and his/their own name(s) as its Attorneys)-in-Fact. i BiRDEE14A THOMAS i Notary Public Contra Costa County 0 Birdeena Thomas • State of California Notary Public for said County and State (Imp. •pec�>ionc�;��G ��i�.•�orm) mom;..; (BP-15;Rev. 8-6 7; 200) lit 0 on FsQaa Oa. 16.191E CERTIFIED OOP? ..rtiJ, that thi•i.o/rl(, frw tV oan.r!ce/!.t �" ;.- .. .. srigina�doern,.nt shish i. on Ids .. t. • that it so.Car..d N a:Jorted i�F IRs Hoard al$rOM• N.or. e� onfrs Cont-a l.�cvn•;. Za�+)ornia. on the `. late shosn. ri7T7. ::irlJ fl earnlTe�crh tP .s ef�eio c4ri of .aid Board a( IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain road, as _ County ) RESOLUTION NO. 68/48 roads . WHEREAS, the Public Works Director having notified this Board of the completion of improvements in the subdivision here- inefter listed as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map, ?rest 3636. Daaville area ; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement Tract 36369 Danville area October 189 1966 (United Paeitie Insurance Compsay - Dond 034"0) And the Public Yorks Director is AUTMORIZID to rethsd to Carriage Hoses. Ins., 125 Greenbrsok Courtq Danville. Callferala, $500 sash deposit as surety under the Subdivision Agrewcat, as evidenced t4 Auditors Receipt No. 53693 dated October 139 1966. 0 BE IT FURTHER RESOLVED that the hereinafter described road q having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same 010 accepted and declared to be _ County roads of Contra Costa County: BAREM CIRCLE ST. FRMCIS DRIVZ Emus COURT RARLAN DRIV! BARRETT COURT CONWA? DRIVE ST., NORBEA I DRIVE MO/T SLAM COURT as shorn and dedicated for public use on the sap of Subdivision No. 3636 filed October 19, 1966 in Book 113. or Maps at Pegs 15, Records of Contra Costa County, State of California. PASSED AND ADOPTED this 30th day of JVnuars , 196 8-9 by the following vote of the Board: so: Recorder Public Works (1t)AYES: Supervisors James P. Kenny, Bdsund A. Linseheid, Subdivider Alfred M. Dias. Bonding Co. NOES: gone. c/o P/W Business and ABSENT: Supervisors Jesse B. Moriartyp Thaws John Coll, Services DIV. RESOLUTION NO. 68/48 Fora #23.3 In the Board of Supervisors of Contra Costa County, State of California Auaus t 15 , 196 In do AWN of Exoneration of tax bond in connection with Tract No. 3636, Greenbrook Unit #3, Danville area. The Office of the County Tax Collector having advised that the county taxes for the fiscal year 1966-1967 on the property included in Tract No. 3636, Danville area, have been paid, and said office having requested that the tax bond filed with this Board guaranteeing payment of the 1966-1967 tax lien on said tract be exonerated, as follows: Tax bond (Bond No. B-519201) in the amount of $5,100 issued by United Pacific Insurance Company, with Carriage Homes Company as principal; NOW, THEREFORE, on motion of Supervisor J. E. Moriarty, seconded by Supervisor J. P. Kenny, IT IS BY THE BOARD ORDERED that the bond as set forth above be and the same is hereby EXONERATED. The foregoing order was passed by the following vote of the Board: AYES: Supervisors James P. Kenny, Alfred M. Dias, James E. Moriarty, Edmund A. Linscheid. NOES: None. ABSENT: Supervisor Thomas John Coll. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Tax Collector - Redemption Witness my hand and the Seal of the Board of Officer Supervisors County Auditor affixed this 15th day of August , 196L_ County Administrator W. T. PAASCH, Clerk Bonding Company By�� Deputy Clerk N36467-10* Dorothy Laz zarini r / UNITED PACIFIC INSURANCE GROUP SAN FRANCISCO BRANCH:351 CALIFORNIA STREET SAN FRANCISCO.CALIFORNIA 94165 July 25, 1967 I 1 1 �6' 11� Jrr fD �t; �C ��0�►�tS a .� � County Tax Collecto County of Contra Costa County Courthouse Martinez, California Dear Sir: RE: SUBDIVISION TAX BOND NO. B-519201 CARRIAGE HOMES CO., a General Partnership This Company is surety on the captioned bond, executed on or about October 11, 1966 in connection with Subdivision: Greenbrook Unit #3, Tract #3636. We would appreciate it if you would advise us whether or not these taxes have been paid and our bond exonerated. A stamped self-addressed envelope is enclosed for your convenience in replying. Yours very truly, UNITED PACIFIC INSURANCE COMPANY RECE��Eh P JA -AUG 7,196T BOND DEI T / Merri Grime �Ls11K Mrd�RR�� e U!!ITfO PACIrIC 1!IStmAf)rc (,r�r,th�,r!Y I r!rrcr� r*rrrlr t!r� I!!•: n •L•c •,rs;r.: rper!;{.c IfISURATICE COMPANY UNI-PAC CORPORATION IN nM HOARD OF SUPERVISMS Or CORTIM COSTA COURT, STATE OF QUTiVAl1SA In the ?titter of Approsal. of Subdivision Map of Tract 3636, ) RESOLtTMN tin. 5629 Daavills area. } WORF.AS a sap entitled Tract 3636, p nvort,r located is the Dr Alls Arm having been presented to this Board for approval, said no' sr -having boon otifisd by the proper offietals, and being accareponled br s Utter from the Hedsspt m Ofnew stating that than are no unpaid Coot* is ioss hearnbrfaso lsviad on tbs pasM ly la• elrisd is tlr opp9 and that the autlernt 1W.#..66 tss lies bas been paid is M4, acrd that the 2966-6T tea lims which bsa+w a lim an the not l s"W of ?1wh, 1966# is sstireatsd to bs 65sf rd Us P*Iic Works Director having filed wi* the Claris of the Board the iblloving bemis Bad deposits to guasmtes the casplstion of reed end street imVme�- ments as ragaired by Divisim k, Title 8, of the CouMV Ordinsess Oode, to rift Tare bond in the aunt of $5jh00 with CsrrIage Hanes Ceo@Wp a Aansral ParCnmehip, as principals and united paaitic Insuromos Coopaegr as sisr eWs goarsatse- ing payment of the estimated 1966.67 t aria and , The following Surety bards (Hord Ko. B-489700), intrad by United Pasitls Insurawn Carpaegr, with Carriage Hooves Compeer as priasipolt Falthftl PMrelettraew booed in the aaaunt of $57,000, and Lobest and Motwials bond In the a count: of 0 ,000& gesanntsoiseg caoplstion of road and suet iapr+averotaf $500 cash deposit (Auditerts Rsaeipt No. 536939 dated october 13, 1966), and Subdivision Agrawent bettMaen Carriagt Hanes CcigwWo asbdivide r, and the County of Contra tasty wherein said subdivider&gross to complete road and stswt I prarr�ents, etc., in said subdivision within one near free the dates of sold agr ew rat, T PORF;, BE IT AFSOLVED that said bonds and deposit and the snounts thsersf, together with the Subdivision Agreement, be and the sane are hereby A MIDYkD, and the Chaimo n of this Board is AUTHDRIM to a outo said Agyesownt• HE IT F URIM RMLVM) that sail wap be and the stere is hereby APMVM# and this Hoard does not accept on bebW of the publita ate of ties sttnsts9 roais, aysaw Is or eassunts shorn thereon as dedicated to public uss. PASSED A24D ADOPTM this 18th dq of October, 19660 igr the tbllsuriag vets of the Hoards AYM Supervisors Alfred M. Dias, Janes E. Floriarty9 '!hooses Jobe Co11, FAMmd A. Linsdwid, James P. KmWe SM& {p -•-I!, t::_-: fnt s a faji, frac CC c.•ne:!Cotpp A�t A�. •hal.a+C.10"f FA:ch >! on !,?a Ir t my o fl- Iu, and .—pc_-sad&adoplsd op 1ka 1 Tara of Saps- >iamr .rf .-44 Conira loarr:p, - Vorxia, on tht cot Public Works (3) lat.,.i,aaa. AM ST. W. T.f A-I'S'.:iY eoual1 c'.0A Higtllw y P3aming & ex-c,ticio clsrlt of said Baan of Svpsrvisom h Subdivider RMLUTION go. 5629 'vtp ct"' SUBDIVISION AGREEMENT (Bus. & Prof. Code Secs. 11611 & 11612) (Contra Costa County Standard Form) I. Parties and Purpose. The County of Contra Costa, a political subdivision of the State of California, hereinafter called "County", and CARRIAGE HOMES CO. , a partnership hereinafter called "Subdivider", mutually agree that Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs and fire hydrants, and all improvements as required by the County Ordinance Code, as amended, especially Divi- sion 4 of Title 8 (Sections 8400 and following), and all improvements required in the approved improvement plan of Subdivision 3636 as per map now being filed with the County's Recorder; and Subdivider shall complete said work within one year from date hereof as required by the Subdivision Map Act of the State of California (Business and Professions Code Section 11500 et seq. ), and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder. II. Costs. Subdivider shall pay when due the costs of all said improvements and work, and of relocating existing utilities when neces- sitated by said work, and of inspecting, all such improvements and work. III. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. IV. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, in accordance with the provisions of Business and Professions Code Sec. 11612, deposit as security with the County: (1) the sum of $500 cash; together with . . . . . . . . . . . . (2) (A - Faithful Performance) additional security for at least the total estimated cost of the improvements and work less :?500, to wit: FIFTY-SIX THOUSAND FIVE HUNDRED AND NO1100----- Dollars ($ 56,500.00 ) , in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond guaranteeing its faithful performance (Subdiv.Agrmt. ,000 Std.Form) -1- STATE OF CALIEFOPSIA ) SS COUNTY OF C-'TI RA COSTA ) on thisZZ� dear ofx1966, before me a Notary Public in ane for sa-c county and State, personally ' appeared Carl. D. Dame` kno-sm to me to be the President of Dame' Construct-Lon Co. , Inc. , the corporation which exeated the within dee:: as General Partner of the Partnership named as Grantor therein, and kncwn to me to be the person who executed said deed on behalf of said corporation, and aclmowledged t_: me that said corporation executed the same as General Partner of said Partnership. lucY E. TOtr�Z � 1#01ARY PL'EVC COWRA costa COUNTY Lucy E. rrez, Notary P CAU FORNIA_ C My Sion E."ires 4OW67 of this agreement, plus (B - Labor & Materials) another such additional security in the full amount of said estimated cost, to wit: FIFTY-SEVEN THOUSAND AND NO/100-----------------Dollars (.$57,000.00---4-1 securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them or to the Subdivider for the improvements or work. V. Assignment. If, prior to County's acceptance of these improve- ments, the subdivision is annsxed to a city, the County may assign to that city 'the County's rights under this agreement and/or any deposit or bond securing it. VI. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances. DATED: October 18, 1966 COUNTY OF CONTRA COSTA SUBDIVIDER: (See note below) CARRIAGE HOMES CO. , a partnership Bylf,411195i4 zp, i0k, 4T� airman of thiA Boardupervisors TEST: W. T. PAAS By County Clerk and ex ficio Clerk (Designate Official capacity of the Board of upervisors in the business) CC 1 - Carl Dame' , President- By Deputy DAAfE' CONSTRUCTION CO: , INC. Note to Subdivider: (1) Execute acknowledgment form below; and �2j if a corporation, attach a certified copy of (a) the by-laws, or b the resolution of the Board of Directors, authorizing execution oX this contract and of the bonds required hereby. State of California ) (Acknowledgment by Corporation, County of ) ss' Partnership or Individual) On the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. Notary Public for said County and State S1dfv.JrL3E DF rm) APPPOVED AS TO FORM HPI-9;Re eCT �16 -24,C)SHN A. FJI.;EDLY 'f:OcY 1 W. T. P A A S C H 0Y:,/-��%?� � %'/_ s CLERK BOARD O� �l.Fr-q t5uc{. (Deputy I},�let Att rney) .. C_�N7 C `.TC 60. —, GATE...._ CERTIFICATE OF SECRETARY OF DMMEt CONSTRUCTION CO., INC. I, Robert W. Pelletreau, being the duly elected Secretary of Damet Construction Co., Inc., a general partner of Carriage Homes Co., a general partnership, certify: A special meeting of the Board of Directors of Damet Construction Co., Inc., was held pursuant to waiver of notice on Tuesday, October 11, 1966, at 11:00 am, at 125 Green. brook Court, Danville, California, at which the following resolution was adopted: "RESOLVED; that Carl D. Damet , President, is hereby authorized to execute for Damet Construe tion Co., Inc., in its capacity as a general partner of Carriage Homes Co., a Subdivision Agreement (Bus. &- Prof. Code Secs. 11611 and 11612, Contra Costa Standard Form) , with the County of Contra Costa pertaining to Subdivision 3636, and to execute all other documents which may be necessary or proper in connection with the development of that certain subdivision `known as "Greenbrook"." Done this llth day of October, 1966, at Danville, California. Ro ert W. Pel etreau, ecretary EMMETT HITCHCOCK LORRAINE K. PLANZ COUNTY TREASURER-TAX COLLECTOR - PRINCIPAL CLERK TAX COLLECTOR'S OFFICE PHONE Ras-3000 EXT. 336-363-337 CONTRA COSTA COUNTY FIRST INSTALLMENT MARTINEZ. CALIFORNIA DU[AND ENTO TAXES PAYABLE FIRST INSTALLMENT OF TAXES LIMOM ON THE FIRST DAY OF NOVEMBER y ( ON TME. DETENTH.DAY[YT OF APRIL SECOND INSTALLMENT OF TAXES October 10 1966 SECOND INSTALLMENT OF TAXES- DUE AND PAYASL[ DELINQUENT ON THE FIRST DAY OF F[SRUARY ON THE TENTH DAY OF D[CEMS[R This will certify that I have mumined the nap of the proposed subdivision entitled: TRACT NO. 3636 and have deterained fma the official tax records that there are no unpaid County taxes heretofore levied on the property included in the slap. The current 1965-66. tax lien has bean paid in full. Our estivate of the 12fifi.fi2 tat lien, which becasr a liven on the first M dy of larch, 1966 is $ 5,400-00 . MOO= HITCHCOCK Redmption Officer By: `Deputy FILED OCT 18 J%G W. T. FAASCH a.WsK BOARD OF IwRs dl SA&=AM-en Deputy 16191L TY ocovy �N 7NIS DOCUMENT tUINSATIS�ACT�� Y AT , TIIVC or MICROFILMING 1�` COUNTY OF CONTM "COSTA DEPARTMENT: GENERAL RECEIPT THIS COPY is NOT A RECEIPT fir 314295 19— 'DOLLARS 9 _DOLLARS S ACCOUNTING FOR a A4Z�FICATION RECEIVED FROM CASH CHECK ORDEMoor R ACCT. SAL. .. AMT. PAID SAL. DUE By (D37 445 G=.Wo) PUBLIC WORK* 06PART149UT��+� ve9c W W.sAuCT CONTRA COS'T'A COUN i � F.X.eeowN •wue wMKB apccTow GNI{/09h1f► wnlc wowwv OIII[CT011 RW 4TN FLOW. AOYINISTKATION wILDM MARTINEZ. CALIrOOMIA 04992 R.D. EMOATCN fLLKMIONE i>r•>tOOO OwUTY PUSUG VPMKO aMCTM Subdivision -V. 34. Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 36 in Supervisorial District _ff in the tin Ville- area. Accompanying this map and Pertaining thereto are the following documents: 1. Subdivision agreement.. Expiration date of one year time limit for completion is /A /96 7 - s ?. A Surety Bond in the amount of 4:5' 70 04 , and a _0 %ash deposit (Auditor's Receipt No. dated which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. Z. Labor and Materiels Bond in the amount of 57c cc `L 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 19(,6-b7texq which became a lien on the first Monday of March, ju6 is estimated to be Soke�= 5. Tax Sond in the amount. 54 v&-guaranteeing payment of estimated /14�4-67 tax. Pee- OQe-ce"131f Ti map re submitted for filing by the Fin4"c;ole- ��l��v��• under the crovisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Boerd of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR SAUER FILED Public :Forks Director OCT 1819W VLC:m j v i W. T. F A A 7c7-tu* SCa ccs Title Company V. L. Cline �► � Planning Department Assistant Public War vD Construction Division Highway Planning STATE OF CALIFORNIA ) SS COUNW OF C-; s IRA COSTA On this 11 day of 1966, before me a .� Notary Public n an for said our y and State, personally appeared Curl D. Dame' known to me to be the President of Dame' Construction Co. , Inc. , the corporation which exerted the within deed as General Partner of the Partnership named as Grantor therein, and known to me to be the person who executed said deed on behalf of said corporation, and acknowledged to me that said corporation executed the sazae ji as General Partner of said Partnership. lacy E. Ton�z MOawRr w�uc COMM COSTA COUNTY AWONu,, E. T rez, Notary Pub is My Com cion Expires 4/)A7 State of California ss: County of Contra Costa On OCtWM 11 19,66 before me, the undersigned, a Notary Public in and for said County,personally Oppepod fmn= H. Krueger known to me to 6 the Person whose name is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that_he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Survey, and h is own name as Attorney-in.Fact. ......................................."OF. .FICI. ............. L" ............,. = AL SEAL E ANN KRUEGER a - NOTARY PUBLIC-CALIFORNIA E ' PRINCIPAL OFFICE IN - �- ' CONTRA COSTA COUNTY 'My Consaission .�''�'►��. _ May 21 19 69 ... .......... .......... ....... ........ . ... . ....... .« xpireq Newry Public in and for said CWN B-2004 California-Jurat(Attemey-in-Fact Acknswledprent) Raw. 145 Bend #B-489700 . IMPROVEMENT SECURITY BOND (Faithful Performance, AND Labor & Materials) (Calif. Bus. & Prof. Code Sec. 11612; Contra Costa County Standard Form) 1. OBLIGATION. CARRIAGE HOMES COMlPANY, a General Partnership as Principal, and (surety) _UNITED PACIFIC INSURANCE COMPANY _ _y a corporation organized and existing under the laws of the State of WASHIVCd"Oii and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance) FIFTY SEM THOUSAND AND NO/1 Dollars (5 579000.00 ) for itself or anyCity-assignee pursuant to the subdivision contract referred to below, plus (B - Labor & Materials) FIFTY SE= THOUSAND AND NO/ olla s ($ 57;000.00 ) for the use and benefit of persons entitled thereto under California Business and Professions Code Section 11612. 2. RECITALS. The Principal contracted with the County on October 189 1966 to install and pay for street improvements, tract drainage, and other improve- ments as required by the County's Ordinance Code and the approved improvement plan of Subdivision No. 3C36 , as per map now being filed with the County's Recorder, and to complete said work within anezm from said date, in accordance with applicable State airs, county ordinances and rulings thereunder. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent to make such alterations without further notice to or consent by Surety is hereby given; and the Surety hereby waives the provisions of Calif. Civil Code Sec. 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney's fees as fixed by the court to be taxed as costs and included in the jud,irient.- SIGNED AND SEALED on October 11, 1966 . PRINCIPAL . SURETY CAR_RIM ROWS COMPANY, a General UNI FZ URANCE COMPANY - By, By ILI Aft=WW In Fact State of California County of ss (ACKNOWLEDGMENT BY SURETY) )n the person(s) whose name(s) is/are signed above ,or Surety and who is known to me to be the Attorney(s)-in-Fact for this orporate Surety, personally appeared before me and acknowledged to me that ie/they signed the name of the Corporation as Surety and his/their own name(s) as its Attorney(s)-in-Fact. ,man Eon Notary Public for ra a Sec.Bond,CCC Std.Form) TRmp.P-15;Rev.8-64;500) OCT 1 8M i W. T. PAABCH r MS01 90 ND 0�QiTA CCV180R5 . D�pYt STATE OF CALIFORNIA ) SS COUNTY OF C,.--ITRA COSTA } On this day of 1966, before me a Notary Public in and for said county and State, personally appeared Carl D. name' known to me to be the President of Dame' Construction Co. , Inc. , the corporation which exeeted the within deed as General Partner of the Partnership named as Grantor therein, and known to me to be the person who executed said deed on behalf of said corporation, and acknowledged to me that said corporation executed the same as General Partner of said Partnership. e� _ - tucy E. Torm MONCRY PWVC COMM COSTA COUNTY Lucy B. rrez, Notary PUbkIc r Commission fcoires 4/3/6 Bond M-5192011 T.� D F 1 L. E1 KNOW ALL MEN BY THESE PRESENTS., OCT 18 �MK a GLOP I�ivisses AGo. That we, as principal, and IMM PACIFIC IN a corporation, organized and existing under the laws of the Stats of WABtMOM as surety, are hold as rely bound unto the State. of California, in the sum ofw. llars ($sea h _nn ? , lawful money of the United States of Aslsrica, for the payment of which sum well and truly to be made to said COUNTY OF CONTRA tY*%"rA , we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SEALED with our seals and dated this 11th day of October 19 66 . The conditions of the above obligation is such that whereas the above bounden principal is about to file a map entitled Gam. TUM 36366 UNIT 03 which shall be a subdivision of a tract of lad in said Comm , and there are certain linea for taxes and special assessment collected as taxes against the tract of lad covered by said map. The taxes and special assessments collected as talons are not as yet due or payable. Now, therefore, if the said principal shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said map at the time of the filing of said map, then this obligation shall be void and of no effect. Otherwise it shall remain in full force and effect. PRINCIPAL*. SURETY: CARRIAGE HORNS COMPANY, a General = " Partnership Hcrjobrq At1tor6ey-1XL-fact c State of California ss: County of Contra Costa On October_ -13. V6 before Rte, the wwwsi*nd, a Notary Public in owd for odd C~",porsendly Georase H. Krueger ,mown M me.1.`o 60 Pores" whose 0000 is to the within instruwont as Atleeny-ins-Fact of UNITED PACIFIC INSURANCE GOIIf ANY,MW eobwsi AS4W so sips"_be subscribed Asnoro of UNITED PACIFIC INSURANCE COWANY, 00 SWWV- and k—is own nemae 0s Atloetey-ins-Foci. !..... •.••.» »OFFICIAL SEAL » »»,• _ ANN KRUEGER F oo NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN B. CONTRA COSTA COUNTY n .................. .......»............................»...w My Coessission expires Ma y2l No" PuMic in end for"a Cww 6_2M Colifemie Jwet(Attemey-in-Fact Acknowlds0 Rev. 145 A Notary Public for said County and 5tate w:k IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Fatter of Completion ) of improvements and declaring ) certain road as County ) RESOLUTION NO. 69/1&70 road_* Subdivision 3648a ) San Rasion Area. ) 14HEREAS the Public Works Director having notified this Board that Improvements have been completed. in Subdivision 3fte San Rrss area, as- provided in the agreement heretofore ezecutJ by this Board. in conjunction mith the filing of the subdivision map; NO►+I, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of estab- lishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of bgreement Tract 3648, San Ramon Area November 29, 1966 (United Pacific Insuranee Company - Bond No. B 519213) Z IT FURTHER RESOLVED that the $500 cash deposit as surety under the Subdivision Agreement as evidesed by Amditerts Ressipt No, 54657 dated November 25, 19eo be refunded to Carriage Hess Company, 125 Greenbrook Court, Danville, California. BE IT FURTHER RESOLVED that the hereinafter described roads, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same _ accepted and declared to be County roadj of Contra Costa County: ST. FRANCIS DRIVE (369/509/0.21 Rile) ST. FRANCIS COURT (329/461/0.06 wile) CONWAY DRIVE (361/501/0.14 alae) CONWAY COURT (321/461/006 stile) ST. NOR BSRT DRIVE (361/5011--0.31 ails) ST. REGIS DRIVE (361/561/0.05 wile) as shown and dedicated for public use on the map of Subdivision Jffl filed November �0, 196 in Book 113 $f Daps t ppi�e V, f ficial Records of ontra osta oun , , APO �ali�ln PASSED AND ADOPTED this - 22nd day of 196 , by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, E. A. Linscheid, J. E. Moriarty. NOES; None, ABSENT: Supervisor T. J. Coll. RESOLUTION NO. 69/470 Form 23.3 6/68/200 I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this : 22nd day of July, 1969. W..- T. PAASCH, CLERK By, Anne or ey, Damarly Clerk cc: Recorder Public Works (2) Auditor Subdivider Bonding Company RESOLUTION N0. 69/470 In the Board of Supervisors of Contra Costa County, State of California Juns S 196 8 In the Maher of Approval of Subdivision Agreonent Extension for Tract 36489 Danville Area. On motion of Supervisor E. A. Linscheld, seconded by Supervisor T. J. Coll, IT IS BY THE BOARD OBDEPW that the Sub- division Agreement Extension for Tract No. 36489 Danville area, between Greenbrook Development Company, subdivider, United Pacifie Insurance Company, bondsman, and the County of Contra Costa for an additional period to and including November 299 19689 is APPROVED. IT IS FMWZH ORDERED that Supervisor A. if. Dias, Chair- man of the Board, is AUTHORIZED to execute said extension on behalf of the County. The foregoing order was passed by the following vote of the Board: AYESs Supervisors James P. Benny, Thomas John Coll, Edmund A. Linseheid, Alfred M. Dias, NOM None. ABSENTS Supervisor James B. Moriarty. I hereby certify that the foregoing is a true and correct copy of an order on the mkwtes of said Board of Supervisors on the date aforesaid. acs Public Works (3) Witness my hand and the Sed of the Board of Planning Supervisors affixed .his___Jjh__doy of Juga . 196_ W. T. PAASCH, Cleric By Deputy Clerk H24-3/68-IOM Mildred 0. Ballard �.; rNaaLIC WON" CONTRA com COUNTY DATs: 3 TO: F. R. Brown, Chief Deputy Public Works Director FROM: V. L. Cline. Assistant Public Works Director, Highway Planning J SUWZCT: Item for agenda for es _ ,649 SUPERVISORIAL DISTRICT Item SUBDIVISION Ates The Board of Supervisors is Ascosts4ed to approve the Subdivision Agrommo t Extension fat Subdivision a&Ora and authorize its Chairman to s19n an Its behalf. This Subdivision Agreaarnt Extension grants an extension of tine to and Including --AA &P v _ ! (1 copy VLC:aj (Partnership Acknowledgment) STATE OF CALIFORNIA ss. ODUNTY OF Alameda On this ,24th day of 1965_, before me, _ Beatrice A. Buna -- ------- ------ , a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared Irving Kay, President of Prestwick DPVPI nVmRnt Co. , known to ria to be one of the partners of Greenb ook De Plom,enr Co. _, the partnership that executed the within instrument, and knotin to me to be the person who executed the within instrument on behalf of said partnership, and acknowledged to me that such partnership executed the Same. In Witness whereof, I have hereunto set try hand and affixed my official seal the day and 'vear in this Certificate first above:written. Notary Public in and for the County of Alameda , State of California BEATRICE A. BUNA My Cemrnissicn Exp(res OCL 17,296a SUBDIVISION AGREEMENT EXTENSION FILE D Contra Costa JUN -1968 Subdivision Number ; 3648 W,.T. PAASCH cm am or WWI= Name .Greenbrook Unit 4r ouNTV. (Original) Agreement Date: November 29, 1966 Surety Name United Pacific Insurance Company Bond No. 8519213 Amount $95,100.00 Date : November 25, 1966 Extension New Termination Date: November 29, 1968 This Subdivider and his Surety desire that this subdi- vision agreement be extended through the above date; and Contra ' Costa County and the Surety hereby agree thereto and acknowledge same. Dated• JWs Greenbrook Development Co. , a rship By: P s ick opment Co. , i CONTRA T7 general part,- PresiLoefit. S divider B.Y x. Cha n, Boardrvisors LG UNITED PACIFIC INSURANCE S' re ty COMPANY - 0. F. Kincaid ATTEST: W.T. PAASCH, County Clerk Attorney-in-Fact f & ex officio Clerk of the Board By , Deputy FORM APPROVED �JO}ii�x. NPkV.Y. DIST AfT'f ay Deputy:.�rf.- r-�� .. _ HP-16(Rev. 6-67) (Subdivision Agreement Extension) State of California City & t ss: County of San Francisco i On May 21 19§JL before me, the undersigned, a Notary Public in and for said County, personally appeared O, F_ Kincaid known to me to be the person whose name is subscribed to the within instrument as Attomey-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that—he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h_,i,s,, own name as Attorney-in-Fact. �t1R{t!{lilltt{j3iii�I::lilttl113t:g1:1'.tt14!l:11l31111�• C.4":FSA M. S"'Ili I it, w NOThRY PUBLIC•CALIFORNIA -„'•' C1iY AND COUNt! UC My COMM"5sion Expires Dec, 1% 1970 BE SAM FRA;ICISC0 llltlfl{lift{lif{ltilf1111l {t{• ::jia;i:' ..a1ti!! My Commission expires 19_ Notary Public in and for said County B-2004 California -Jurat(Attorney-in-Fact Acknowledgment) Rev. 1.65 IA THE BOARD OF SUPIEVISORB OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 3% i DMWUU W ) RESOLUTION NO. $03 WHEREAS a nap entitled Tract 36M , property located In the DaNVIUD rr , having been presented to this Board for approval, said nap having been certified by the proper officials, and being accompanied by: Letter from the Redempt ( tiger tat ng that there are no unpaid Count= taxes on the property included in the nap, Letter from the Public Yorks Director stating that said map is accompanied by deposits and bonds to guarantee the canpletion of road and street improvements as required by Division 4, Title 8, of the County Ordinance Code; Sam* bsMs (9=d ft. S IMM3) lssoM W VabW fasitss laswe ou"Wo wish Cberlae Nor ciewn re pr14010 s W N calm" F'eitJ" bead In the Mo:wt of 0%10 ori a sear dWeslt of OW (Ar/itWs ftmftt Ne. %WY maul VDer l%AW)s whish roots Baro rsgairml to avarartm sw%QsU= at roti and sts~st xwsarntr erg sepUmi bur the Cawtur Ordioanss Cels as ar weft Tatar and Vatoriais bad in the aEaunt of 0566005 mai Subdivision agreement between QWr1a CW subdividef and the County of Contra Costa, wherein said sub- divider agrees to complete ra# and street improvements, etc., in said subdivision within year from the date of said agreement; 5763 RESOLUTION NO. Forst #23 NOW,, IREP11 `ORE, BE IT HIMOLVED that said bond, and the amount„& thereof be and the saa� i BE IT FURTHER RESOLVED that said subdivision agreeeenettt be and the same is hereby APPROY$p and the Board is authorized to execute said a Chairman of thia . greemen . BE IT F'tTRTH MOLVED that said map be and the sane is hereby APPROVBD and this Board does not accept on behalf of the .public 1rrd !fiof e %to � ie�o � or � ohm � mwa�p, 40 PASSED AND ADOPTED this.,� day of by the following vote of the Board. M ... �.,., AYES: 0001iaarwr htfti N Mass +imm N. awtafts Mm" fit& Un"g o ire T'• �'�r. Nolo; No!. ABSENT: mss. t;i,-VIF..t��`�tT,D COPY NOW l certify that this is a fu?l, time & correct copy of theOTSTITk3i ";C:':'.:?tE"?t t'1't 1 .°r{);I fitn in T7 v Office, and tfS`.it 1+ `'ii'. ¢r+'«� �. ! (yl•[(r! 4r[' l)vR lil of t, t iifornia, on the date r.iwa clerk e 1 oftir:io cleric of said Poard of Supervisors, y deputy clerk._ 4 unit ? q !Ogg oa; RESOLUTION NO. S FOM' #23, Pg. CERTIFICATE OF SECRETARY OF DAME' CONSTRUCTION CO., INC. I, Robert W. Pelletreau, being the duly elected Secretary of Dame' Construction Co., Inc., a general partner of Carriage Homes Co., a general partnership, certify: A special meeting of the Board of Directors of Dame' Construction Co., Inc., was held pursuant to waiver of notice on Friday, November 18, 1966, at 11:00 a.m. at 125 Green- brook Court, Danville, California, at which the following resolution was adopted: "RESOLVED; that Carl D. Dame' , President, is hereby authorized to execute for Dame' Construction Co., Inc., in its capacity as a general partner of Carriage Homes Co., a Subdivision Agreement (Bus. & Prof. Code Secs. 11611 and 11612, Contra Costa Standard Form), with the County of Contra Costa pertaining to Subdivision 3648, and to execute all other documents which may be necessary or proper in connection with the development of that certain subdivision known as "Greenbrook° :" Done this 18th day of November, 1966, at Danville, California. Robert W. Pelletreau, Secretary -- = -.= l � wevee W.swutR /CONTRA CW i ACOUNTYr.a.�IawM PNSL1C wMRS DIRECTOR ` / CI•IV DGPWW MMLIC WON"OMtCTes RW COIMMNNMSR.WS11iTM STM FLOOR. ADMNSSTMTI0 OU1 MARTINEZ. CAUPOANIA 04992 a.p.6"ATCM TaSrss M sn-4 NwvT SIISUC ohms OIwsCTM November 29, 1966 Subdivision 3648 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3648 in Supervisorial District III in the Denville area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision agreement. Expiration date of one year time limit for completion is November 29, 1967. 2. A Surety Bond in the amount of $95,100 (United Pacific Insurance Co.) Bond No. B 519213 and a $500 cash deposit (Auditor's Receipt No. 54657 dated November 25, 56 which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. ?. Labor and Materiels Bond In the amount of $95,600 (United Pacific Insurance Co. ) Bond No. B 519213. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, vm*ktbabtlAcli mUxAwwaftiotet� :sc:i�iee�c�e�c#MII ■bcihondeyx�ot3cINN S. 3TAW Aplbpbnt#AMIMMI- d IM&xxxxxxxxPPxMM at xxxxxxl�nnb♦Cx The map is submitted for filing by the Financial Title Company under the orovisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR !-' SAUER Public 'Works Director VLCsmj 2V f . ccs Title Company V„ L. Cline Planning Department Assistant Public Works Director Construction Division Highway Planning 94p-26 (7-66) EMMETT HITCHCOCK LORRAINE K.�PLANZ COUNTY TREASURER-TAX COLLECTOR PRINCIPAL CLERK TAX COLLECTOR'S OFFICE PHONE 338-3000 EXT. 386.366.307 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXA MARTINEZCALIFORNIA FIRST INSTALLMENT OF TAXES . DUE AND PAYABL[ - DELINQUENT ON THE FIRST DAY OF NOVEMBER ON THE TENTH DAY OF APRIL 6 XCOND INSTALL RAND MENTPAVAOF TAXES November 229 1966 SECOND INDS`'LLL ENT OF TAXES DUEUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF DECEMBER This will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 3648 and have determined from the official taz reoorde that there are no unpaid county taxes heretofore levied an the property included in the map. The current 1966-67 tax lien has been paid in fill. hD@Wff HITCHCOCK Redemption Officer By: � dl a SUBDIVISION AGREEMENT (Bus. & Prof. Code Secs. 11611 & 11612) (Contra Costa County Standard Form) I. Parties and Purpose. The County of Contra Costa, a political subdivision of the State of California, hereinafter called "County", and CARRIAGE HOMES CO., a general partnership, hereinafter called "Subdivider", mutually agree that Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs and fire hydrants, and all improvements as required by the County Ordinance Code, as amended, especially Divi- sion 4 of Title 8 (Sections 8400 and following), and all improvements required in the approved improvement plan of Subdivision 3648 � as per map now being filed with the County's Recorder; and Subdivider shall complete said work within one year from date hereof as required by the Subdivision Map Act of the State of California (Business and Professions Code Section 11500 et seq. ), and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder. II. Costs. Subdivider shall pay when due the costs of all said improvements and work, and of relocating existing utilities when neces- sitated by said work, and of inspecting all such improvements and work. III. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. IV. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, in accordance with the provisions of Business and Professions Code Sec. 11612, deposit as security with the County: (1) the sum of $500 cash; together with . . . . . . . . . . . . (2) (A - Faithful Performance) additional security for at least the total estimated cost of the improvements and work less :)500, to crit: NINETY FIVE THOUSAND ONE HUNDRED AND NO/100 Dollars ($95,100.00 ) , in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond guaranteeing its faithful performance (Subdiv.Agrmt.,CCC Std.Form) -1- s STATE OF CALIFORNIA ) SS .COUNTY OF CONTRA COSTA On this 21st day ofNovem� 191 , before me a Notary Public nand for said County and State, personally appeared Cori D. Dame' known to me to be the President of Dane' Construction Co. , Inc. , the corporation which executed the within instrument as General Partner of the Partnership named as Subdivider therein, and known to no to be the person uto executed said instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same as General Partner of said Partnership. Viola ft.0156n / NMA«r oowneA costs comm v o a M. Olsen, Notary u c _ .+i�w.wlf�Cariirioa��Drcri�rlA lam` of this agreement, plus (B - Labor & Materials) another such additional security in the full amount of said estimated cost, to wit: NINETY FIVE THOUSAND SIX HUNDRED AND N01100 Dollars ($ 959600.00 )� . securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them or to the Subdivider for the improvements or work. V. Assignment. If, prior to County's acceptance of these improve- ments, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing it. VI. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances. DATED: November 29, 1966 COUNTY OF CONTRA COSTA SUBDIVIDER: (See note below) CARRIAGE HOMES CO., a general :3y partnership l B : Dame' Constructign Co. Inc. n of the Poar Supervisors a rporati , s Partner, � TTEST: W. T. PARS By County Clerk and ex-officio Clerk esignate Offjcia capac ty of the Board of upervisors in the business) Carl D. Dame' , President By c,t;LLDeputy Note to Subdivider: (1) Execute acknowledgment form below; and �2j if a corporation, attach a certified copy of (a) the by-laws, or bthe resolution of the Board of Directors, authorizing execution of this contract and of the bonds required hereby. State of California (Acknowledgment by Corporation, County of ss' Partnership or Individual) 41 • On the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. Notary Public for said County and State �Subdiv.Agrmt. ,000 Std.Form) HP-9;Rev.8-64;500) -2- -"' r �:_. 8Y: 00 lT��pt( Li�tric i t'nrrcy) 1 STATE OF CALIFORNIA ) SS COUNTY OF CONTRA COSTA } On this 29th day of November * 1966, before me a 70 Notary Public 1n and for said County and Stateg personally appeared Car! D. Dame' known to me to be the President of Dame' Construction Co. , Inc. , the corporation which executed the within instrument as General Partner of the Partnership named a*Principal therein, and known to me to be the person %to executed said instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same as General Partner of said Partnership. Viols M. Otsca .7 IL f cok:.IL tw to I:uu%tr VMOAS Pie VANWHS Notary P 11c � �Gas�irrirr►Fspie�SDM�b��►1l�tl CERTIFICATE Or SECRETARY OF DAME' CONSTRUCTia CC, IVC I, Robert W. Pelletreau, being the duly elected Secretary of Dame' Construction Co., Inc,, a general partner- " of Carriage domes Co., a general partnership, certify:"" A. special meeting of the Board of Directors of Dame' Construction_ Co., Inc., was held pursuant to waiver of notice on Friday,, ' November 18, 1966, at 11:00 a.m. at 125 Green brook Court, Danville, California, at which the following resolution was adopted: "RESOLVAD; that Carl D. Dame' , President, is Hereby authorized to execute for Dame' Construction Co., Inc., in its capacity as a general partner of Carriage Homes Co., a Subdivision Agreement (Bus, & Prof. Code Sacs. 11611 and 11612, Contra Costa Standard Form) , with he County of Contra Costa pertaining to Subdivision 3648, and to execute all other documents which may be necessary or proper in connection with the development of that certain subdivision known as "Greenbrook" :" Done this 18th day of November; 1966, at Danville,- California. Robert W. Pelletreau, secretary IMPROVEML'NT SECURITY BOND Band No. B 519213 (Faithful Performance, AND Labor & Materials) (Calif. Bus. & Prof. Code Sec. 11612; Contra Costa County Standard Form) 1. OBLIGATION. CARRIAGE HOMES COMPANY, a General Partnership as Principal, and (surety) _ UNITED PACIFIC INSURANCE COMPANY -A a corporation organized and existing under the laws of the Stat6 of WASSZxOTON and authorized to transact surety business in California, as Surety, hereby Jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance) HIRTY FIVE THOUSAND ONE HUNDRED AND NO/100----- Dollars (,$ 95,100.00 ) for itself or anyCity-assignee pursuant to the su division contract referred to below, plus (B - Labor & Materials) NINETY FIVE THOUSAND SIX HUNDRED AND NO/100- Dolla s (; 95;600.00 ) for the use and benefit of persons entitled thereto under California Business and Professions Code Section 11612. 2. RECITALS. The Principal contracted with the County on Novudmr 29, 1966 to install and pay for street improvements, tract drainage, and other improve- ments as required by the County's Ordinance Code and the approved improvement plan of Subdivision No. 3648 , as per map now being filed with the County's Recorder, and to complete s_a_i7 work within one yaW from said date, in accordance with applicable State aws, county ordinances and rulings thereunder. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent to make such alterations without further notice to or consent by Surety is hereby given; and the Surety hereby waives the provisions of Calif. Civil Code Sec. 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney's fees as fixed by the court to be taxed as costs and included in the judgment. SIGNED AND SEALED on November 29, 1966 PRINCIPAL SURETY CARRIAGE HOMES COMPANY, a General UNITED PACIFIC IX VIWCJ& COMPANY- By By T�illias R. _ ---_ State of California County of ss' (ACKNOWLEDGMENT BY SURETY) On the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorney(s)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Surety and his their ovm name(s) as its Attorneys)-in-Fact. (Imp. Sec.Bond,CCC Std.FormNotary Public for said County and State (HP-15;Rev.8-64;500)kPP1`C "'P_� AS TO FO.- "n (Pe^ut1. Distn t Attorney) State of California ss: County of Contra Cost& 0n November 29 1466 before ms, the undersigned, o Notary Public in and for said County,parsenally appeared W1111mm Be Krueger known to me to 6 the pereen whose name is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that_he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h i$ own none as Attomey-in-Fact. ............................................. S-E................. 1 r..•.....,... OFF{CIAL SEAL �- ANN KRUEGER NOTARY PUBLIC-CALIFORNIA '- • PRINCIPAL OFFICE IN CONTPA COSTA COUNTY x... I................._................... My Commission expires Mag 21 l0 69 Notary Public in and for seid Cwn B-2004 Celifomia- Jurat (Attomey-in-Fact Achnowledpment) Rev. 1-65 lot IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA October 23 197 3 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 3651, Danville Area ) Deposit: $500 ) Auditor's Permit No. 81804 ) Dated April 28, 1970 ) Refund to: ) Greenbrook Land Company ) 880 Hinckley Road ) Burlingame, California 94010 ) On May 16, 1972 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. The foregoing order was passed by a unanimous vote of the Board. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 23rd day of October , 1973 W. T. PAASCH, CLERK cc: Public Works (2) Subdivider t ,,__ ffii!__ By LVA C 9;41e4e� , Deputy Clerk Helen C. Marshall 1 aoo,6657. PAw749 Mpy p2 1972 j OF AT� O.LOCK K M. donM Gem MdW W. TI PAASCH W. Urm Rr"Roea IN THE- BOARD OF SUPERVISORS OF r�ONTRA COSTA COUNTY, STATE OF CALIFORUTA in tho :Matter of Completion )' ; of inp.ovements and Declaring ) 1 er'-�'. Rdxtds a County Roads, ) RESOLUTION 10. 72/325 �- :_ t bdi slote X71 0Danville ea c . ) WHEREAS the Public t:orks Director having notified this Board that with the exception of Minor deficiencies (for which a $50 cash bond has boen deposited, Auditor's Deposit permit No. 96672 datoc February 3, 1972) isprovezments have been completed in Sub- division 3651, Danville area, as provided in the agreement heretofore cLxacuted by this Board in conjunction With the filing of the subdi- vision rasp; . 2\70:1, Tutt FORE, BE IT RESOLVED that the improvements in the follo,ying subdivision have been completed for the purpose of estab- iisri::g, a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 3651, Danville Area April 20, 1970 a (Argonaut Insurance Company - Bond No. 075276) . BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor' s Doposit Permit No. 81804 dated April 28, 1970) be RETAINED for one yoar pursuant to tho roquirements of Section 8429(b) of the Ordinanco Coda as amondod. BE IT T'JRi: R RESOLVED that tho hereinafter described roads, having been heretofore dedica;.ed to public use by the filing of map the office of the County Recorder, be and the same are accepted and daclared to be County roads of Contra Costa County: ST. CIMS^OP: DRIVE (40/60/.26) HARLAN DRIVE. ( 36/60/.22) ST. T1;OT!U COURT (32/4.0'/.12) ST. JOAN COURT (32/46/-014) ST. BBATnICE COURT (32/40/.09) ST. MARK COURT (32/46/.14) V.:` ?A T*E X DRIVE.• (30'/50/.06) ST. ANN COURT (32/46/.04) Si. ?hZLi? COQ: (32/1}6/.09) ST. LUKE COURT (32/46/.09) S i. EDWARD COURT (32/46/.08) ST. DAVID DRIPS (36/50/-30) G: ati3R00ri DRIVE (1}0/00/.Il) as a.-own and dedicated for public use on the map of Subdivision 3651 famed .ay 6, 1970 in Book 130 of Maps at Page 23, Official Records of Contora Costa County, State of California. PASSED AIUD ADOPTED this 16th day of May, 1972 by the following vo ze of the Board: AYES: Supervisors 3. P. Kenny, J. E. Woriarty, 4� W. N. Boggess, E. A. Linscheid. 11 NOES: None. craruew Cori ABSENT: Supervisor A. X. Dias. opkoaj J°MM+OUR/& »•-/d. in -, alp. ... c:'.: Recorders c..Ii. C'«.001. C64soni., M rfm 1.M Public Works (2) Avow A7rWTe W T.PAASCfJ.....y.I.d • ...*.;. .t„i r ..W a..a.,l 8.r...�...�A Subdivider r '} RESOLUTION N0. 72/3�5 " ,...lbuxo1,72;, ,'E1rD OF DOCUMENT" In the Board of Supervisors Of Contra Costa County, State of California June 13, 19 72 In the Matter of Refunding Cash Bond, Subdivision 3651, Danville Area. The Board on May 16, 1972 having accepted as complete construction of improvements in Subdivision 3651, Danville area, with the exception of minor deficiencies, for which a $50 cash bond has been deposited; and The Public Works Director having reported that said minor deficiencies (installation of certain street name signs) have been coMrected; On motion of Supervisor J. E. Moriarty, seconded by Super- visor A. M. Dias, IT IS BY THE BDARD ORDERED that the Public Works Director is AUTHORIZED to refund to Kaufman & Broad, 880 Hinckley Road, Burlingame, California said $50 cash deposit, as evidenced by Auditor' s Deposit Permit No. 96672 dated February 4, 1972• The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. NOES: None. ABSENT: None. 1 hereby certify that the foregoing is a true and correct copy of on ardor enwed on the minutes of said Board of Supervisors on the date aforesaid. cc: Public Works (2) Witness my hand and the Seal of the Board of Planning Supervisors Auditor affixed this 13thday of June . 19 72 Developer W. T. PAASCH, Clerk By 14 L. 7�%.✓;:-�. �/ Deputy Clerk Helen C. Marshall IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of Improvements and Declaring ) Certain Roads as County Roads, ) RESOLUTION NO. 72/325 Subdivision 3651, Danville ) Area., ) ) WHEREAS the Public Works Director having notified this Board that with the exception of Minor deficiencies (for which a $50 cash bond has een deposited, Auditor's Deposit Permit No. 96672 dated FebruaryV37-, 1972) improvements have been completed in Sub- division 3651, Danville area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdi- vision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of estab- lishing a terminal period for filing of liens in case of action under said Subdivision. Agreement: Subdivision Date of Agreement 3651, Danville Area April 20, 1970 (Argonaut Insurance Company - Bond No. 075276) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor' s Deposit Permit No. 81804 dated April 28, 1970) be RETAINED for one -year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be County roads of Contra Costa County: ST. CHRISTOPHER DRIVE (40/60/.26) HARLAN DRIVE ( 36/60/.22) ST. TIMOTHY COURT (32/46/.12) ST. JOAN COURT (32/46/.01 ) ST. BEATRICE COURT (32/46/.09) ST. MARK COURT ( 32/46/.11 ) VAN PATTEN DRIVE (36/50/.06) ST. ANN COURT (32/46/.04) ST. PHILIP COURT (32/46/.09) ST. LUKE COURT (32/46/.09) ST. EDWARD COURT (32/46/.08) ST. DAVID DRIVE (36/50/.30) GREENBROOK DRIVE (40/60/.11) as shown and dedicated for public use on the map of Subdivision 3651 filed May 6, 1970 in Book 130 of Maps at Page 239 Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 16th day of May, 1972 by the following vote of the Board: AYES: Supervisors J. P. Kenny, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. NOES: None. MPI I offo, clot 1&9;0,0 14, r... &o.w.A ABSENT: Supervisor A. M. Dias. mvio;wi do<o.ee.t S&A N Of/;4 ;. r, d(;... +. Aft;t—p....d O.d.,t.d 4 eke Bn.rd of S.Ow. i.w. o/ C17159112C.Nr. C~11, G;;1a..lq, on 1L CC: Recorder /etle+,bewa A77,687: V. T.PAASCN,o.r�y.lw+ Public Works (2) • =gosis 066 -d said a wa d eq,e..1...1� Subdivider APOV" t RESOLUTION NO. 72/325 ILL ` q In the Board of Supervisors Of Contra Costa County, State of California January 11 --1 .1921 b dw#AMW Of Approval of Subdivision Agreement Extension for . Tract 3651, Danville Area. On motion of Supervisor J. E. Moriarty, seconded by Supervisor A. M. Dias, IT IS BY THE BOARD ORDERED that the Subdivision Agree- went Extension for Tract 3651, Danville area, between areenbrook Land Company, subdivider, Argonaut Insurance Company, bondamn, and the County of Contra Costa for an additional period to and including April 20, 19729 is APPROVED. IT IS BY THE BOARD FURTHER ORDERED that Supervisor E. A. Unscheid, Chairman, is AUTHORIZED to execute said extension on behalf of the County. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, Y. N. Boggess, S. A. Linscheid. NOES: None. ABSENT: None. 1 1w eby asrNfr fiat the forpoilq is a true and mrred copy of ow order eaft od on dw wAmon of said toard of 5"m vim on dw daft aforesaid. cc: Public Yorks (2) W*nsn my hmd and do Soot of dw of Planning • Supervnon Subdivider (via P.Y.) °R"ted " 11th day of January . 1g 72 W. 1 FAASCM, Clerk orps>h► 0wh Mildred 0. Ballard H24N1 ON STATE OP CALIFORNIA, County San Mateo Sit. O.th;r 16th da3,of December :��,ya,ons e/aoewi mine hwiredand seventy-onq..fosals Margaret A. Smith a Naaey Punic, Stole of Cohfmmm& dry commuiarai ad MvM persomNi appared Den is O'Brien known to aye to be ewe vice President of co po,�;o„ � in and that executed the within iartswrent.and afro burn to we to be eke pe row.. .....-mho eseeuted the ulithi i iarbllraent on behalf of the corporation tiwm cawed,as&acknowledged to nue that such corporntiow eseewed t4 mw N�NN�MOIC#Mr wL ttsws. s IN WITNESS WHEREOF I hove hereunto set my hand and affixed IMv official sed MARGARET A SMITH z is the cry f____§an Mateo ...._...the day,wed NOTARY PUBLIC - CALIFORNIA COUNTY OF sAN mAi EO year in this ce►tiAmse}Grunt move wittew. A Immik"ta>F 0 salt U„ Isis • margare A. SmithNotary PaWicq tate of California. ,Imft 10LI) (PAINTED of Isla?) 71.0770 SUBMISION AUNT EXIENSLON Oontra Costa Subdivision Number 3651 Name Greenbrook - Unit 6 (Original) Agreement Late April 20, 1970 Surety Name Argonaut Insurance Co. Bond No. 075276 Amount $275,500 Date April 20 , 1970 Extension Vow termination Date April 20, 1972 This Subdivider and his Suretv desire that this subdivision agreement be extended through the above date; and Contra O"ta Onnty and the Surety hereby agree thereto and acknowledge same. IF LE tN. T. PAASC Cl1 RK 80p OFpfRVISORS wily- CY � Dated: December 16, 1971 GREENBROOK LAND COMPANY.- M1\11PA CrS A Crj`,"lY Dennis O'Brien, Vice Suomi President NAUT IN URAN COMPANY r: Chsirman, Board of Supervisors r Ado h Y. Breen , Attorney in Surety Fact ATISSI: W. 1. :A.'.SC?. Count 'lerk and ex offic`o 71-i4c of :hR Board Deputy ST'?. *,'1D i1 S AM. 3'-RET-71S SIGNATURES TO BE NOTARY?ED) .1.1.. NP-l� (Rev. �_�4` S/eN of California County of ss: ti this 16th day of December ' 19 7, before me :orally appeared Adolnh Y 7iRan .:ivn to me to be an Attorney-in-Fact of Argona t Insu ante mrny, the corporation described in the withi _.:.int, and he acknowledged to me that he xecut d the itht/n instr nt as act of the said rgon t 1-rance Company in accordance with authority ly c rred upo/him b aid Cc NOTARY PUBLIC NANCY F. STANSLERRY KC:,,7Y P;:":if.-CAL! :;RMA p „ 5:-N FKAN'C?SCO COUNTY Y.r Y C0:::6::�S:Uii iaP r"FS i.'AR. 16,1914 My Commission Expires 4-951 in the Board of Supervisors of Contra Costa County, State of California June $ , 19` In tlw Matter of Approval of Subdivision Agreement Extension for Tract 3651, Danville Area. On motion of Supervisor A. M. Dias, seconded by Supervisor W. N. Boggess, IT IS BY THE- BOARD ORDERED that the Subdivision Agreement Extension for Tract 3651, Danville area, between Greenbrook Land Company, subdivider, Argonaut Insurance Company, bondsman, and the County of Contra Costa for an additional period to and including October 20, 1971, is APP ROVED. IT IS BY THE BOARD FURTHER ORDERED that Supervisor James P. Kenny, Chairman, is AUTHORIZED to execute said Subdivision Agreement Extension on behalf. of the county. AYE'S: Supervisors A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, J. P. Kenny, NOES: None. ABSENT: None. 1 hereby car* that the foregoing is a true and corrod aafry of an order erNMreMd on tip nkrtes of said Board of Supervisors on the date aforesaid. Witness my hand and the Sad of the Board of Supervisors cc: Public Works (2) affixed this8th door of June 19 �, Subdivider 4 W. T. PAASCH, Clerk Planning Deputy CkA Ruth B. Donovan M 24 4n 1 10M State of California County of San Francisco ::. r On this 17th day of May 19 71 , before me i personally appeared Adol h Y. Breme known to me to be an Attorney-in-Fact of Argonaut I uran Com ny{ the corporation escribed in the within instrument, and he acknowledged to me that he exe uted a wit n /nstrument as t t of the said Argon Insurance Company in accordance with authority duly con red up In b id Com o NANCY F. STANSBERRY NOTARY Pulstic r �* NOTARY PUSLIC.CALIFORNIA SAN FRANCISCO COUNTY 1dY COMMIS=SSWSION EXPMES MAR. 16,1974 Py Commission Expires r FfD-{•t STATE OF CALIFORNIA �SS .COUNTY OF SAN MATEO May 17 ON--- --------------'y--------------'---. ------ -------------------'-- -------------------- , 19 71, t�efore:r� tre undersigned,a Notary Public in and for said Count; and appeaz--•(; Dennis O'Bren, Vice President ------------------------------ -...._.. - ...................................................... . .....,.,:..e,i.L:Cf"-*.:::r„-^s:;.L3.7S[:�9LCB3t;CE'S•.:t�. r J.P._+....,..- .. ..................................................'......................__.......................................................... -�. :ticFA -Ur -C.CA!I�)7-WA known to me to be the person who executed the within instrument on hehaii of the County of San Ha.t f;o Corporation therein named, and acknowledged to me that such Corporation exe- tay Com us�or,exp..t:Tsy li, 1914 1�aiuu�at,teusutzc:3:Y:ui>.f93:tj��f�=� uu':r:'e cuted the within instrument pursuant to its By-Iaws or a Resolution of its Board of Directors. CORPORATION ACKNOWLEDGMENT Notary's Signature........C./A: ......... '... .... ..... ..................................... Manager or Officer e Type or Print Notary's e.........._Inge Rytter FormNo.25 ................ .. ..............................................._. � y SUBIEVISION AREEMENT EX'IENSLON Ooa ntr Costa FILED Subdivision Number 3651 97/ 8,i Name Greenbrook - Unit 6I'W14- PMBC14 Daae at room" s (Original) TV Agreement Date : April 20, 1970 Sarah Name Argonaut Insurance Co. Bond No. 075276 - Amount $275,500 Date April 20, 1970 Extension Now Termination gate October 20, 1971 This Subdivider and his Suretv desire that this subdivision agreement be extended through the above date; and Contra ODsta Onntr and the Suretv hereby agree thereto and acknowledge same. Dated: May 17. -1971-. GREENBROOK LAND Co ANY_ ,_,_ CON'ha a7S' A CrU-1111 _ Dennis 0'Brien Subdi�az- Vice President t AO G'i \" RWOC-7 COMPANY A. r an� Board of Su vi r ✓"'`� rMIURREMIFFMCI SW*ty AYTSST: W. 1. :A:SC'?. Co=ty gerk and ex offs c'_o C'L-�rk of the Board B',' 1L/i�fi 1 Depute SID=?'S AM SI RETY'S SIGNATURES TO BE NATAXMD) 'tP-14- (Rev. ?-60% t; In the Board of Supervisors of Contra Costa County, State of California May 12 , 19, 70 In the Matter of Rescinding Resolution No. 70/247 making application to Local Agency Formation Commission for approval of annexation of Subdivision 3651 (Danville Area) to County Service Area L-45. The Board having on May 5, 1970 adopted Resolution No. 70/247 making application to the Local Agency Formation Commission for approval to initiate proceedings for annexation of Subdivision 3651, Danville area, to County Service Area L-45; and Mr. Joseph S. Connery, Executive Officer of the Local Agency Formation Commission, having advised that the territory covered by Subdivision 3651 was included in a previous annexation to said County Service Area (in conjitnction with the annexation of Tracts 3458 and 3586, Resolution No. 5463• adopted by the Board on August 30, 1966) ; and Good cause appearing therefor, on motion of Supervisor J. E. Moriarty, seconded by Supervisor J. P. Kenny, IT IS BY TNM BOARD ORDERED that RQsolution No. 70/247 is hereby RESCINDED. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, J. E. Moriarty, E. A. Linscheid, T. J. Coll . NOES: None. ABSENT: Supervisor A. M. Dias . I hereby certify that the foregoing is a true and correct copy of an order mired on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Executive Officer Supervisors LAFCO affixed :his 12th day of May , 1g70 Public Works (2) Assessor W. T. PAASCH, Clerk Count Counsel ��' 3' By`� =.•+c'r -i�'.� ,�i�._/ Deputy Clerk County Administrator ! v'Joyce M. Krekel v H 24 12/69- 10M IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Application ) to the Local Agency Formation ) RESOLUTION NO. 70/247 Commission for Approval of ) Annexation of Subdivision 3651 ) (Gov. Code 56140, (Danville Area) to County ) 56195, 56196) Service Area No. L-45 ) RESOLUTION_ OF APPLICATION FOR APPROVAL TO INITIATE PROCEEDINGS FOR ANNEXATION OF SUBDIVISION 3651 (DANVILLE AREA) TO COUNTY SERVICE AREA NO. L-45 The Board of Supervisors of Contra Costa County RESOLVES THAT: This Board hereby determines that pursuant to Division 1 (commencing with Section 56000) of the Government Code, it proposes to initiate proceedings for the annexation of Subdivision 3651 to County Service Area No. L-45. The exterior boundaries of the territory proposed to be annexed are as described in Exhibit "A," attached hereto and by reference incorporated herein. The territory is inhabited. The reason for this application is to provide this territory with street lighting services. IT IS HEREBY REQUESTED that the Local Agency Formation Commission of Contra Costa County take all steps necessary to approve this Board's proposal to initiate the annexation of Subdivision 3651 to County Service Area No. L-45. The Clerk of this Board is HEREBY DIRECTED to file a certified copy of this Resolution of Application with the Executive Officer of the Local Agency Formation Commission.. PASSED AND ADOPTED on Nay 5, 1970s by this Board. cc: -Executive Officer lublic Works 2) CERTIFIED COPY Assessor l certify that this is a full, true & correct copy of AssessCounselthe original document which is on file in m,, offic-- County and that it was passed F- adonted by the EoarO - Supervisors of Contra Costa County, California: i. the date shown. ATTEST: W. T. PAASCH, count clerk&ex-officio clerk of said Board of Supervisors. by deputy clerk. D awy on a / 0 VJW:bw RESOLUTION NO. 70/247 EXHIBIT "A" TIACT 3651 AiSTM TO C=TT SWICS AM L•45 11MUT That parcel of land in the County of Contra Costa, State of California, described as follows: A portion of the Rancho San Ramon, described as follows: Beginning at the northeast corner of the parcel -of land described in the deed from Hal Dickson, as Trustee under the will and by the decree of final distribution of the Estate of George O. Meese, deceased, to Carriage Homes Co., a general partnership, re- corded March 18, 1966 in Book 5080 of Official Records, at page 3861 thence from said point of beginning, along the north .line of said last mentioned parcel and along the north line of the parcel of land described as Parcel Two in the deed from Dame' Construction Co., Inc., et al, to Carriage Homes Co. , recorded June 1, 1965 in Book 4879 of Official Records, at page 919, south 88. 47' 08" west, 2,428.28 feet and south 88. 10' 42" west, 15.85 feet to the eastern line of Sub- division 3654, a map of which was filed in the office of the Recorder of the County of Contra Costa on June 15, 1967 in Book 116 of Maps, at page 1; thence along said last mentioned line, as follows: south 10. 01' 271 west, 53.15 feet, south 15. 01' 27" west, 37.00 feet, south 1' 01' 27" west, 123.00 feet, south 2. 01' 27" west, 77.00 feet, south 16. 58' 28" east, 57.00 feet and south 13. 16' 00" east, 0.47 feet to an angle point in the northern line of Lot 208 in Sub- division 3458, a map of which was filed in the office of the Recorder of the County of Contra Costa on June 16, 1965 in Hook 105 of Maps, at page 17, which point bears north 87. 53' 39" east, along said northern line of Lot 208, 43.60 feet from the northwest corner thereof; thence along the exterior line of said Subdivision 3458 (105 Maps 17) , as follows: north 84. 21' 21" east, 85.41 feet, north 74. 19' 03" east, 50.00 feet, north 85' 00' 00" east, 104.99 feet, north 2. 30' 47" east, 61.30 feet, north 88. 30' 00" east, 225.00 feet, south 41. 304 00" east,. 82.00 feet, north 84. 00' 00' east, 236.84 feet, south 27. 00' 00" east, 77.62 feet, southeasterly along the arc of a curve to the left with a radius of 125.00 feet, an arc distance of 82.90 feet, southeasterly, southerly and southwesterly along the arc of a reverse curve with a radius of 125.00 feet, an arc distance of 261.80 feet, northeasterly along the arc of a curve to the left with a radius of 500.00 feet, an arc distance of 140.53 feet and south 510 06' 14" east, 60.00 feet to the most western corner of Lot 84 in Subdivision 3648, a map of which was recorded in the office of the Recorder of the County of Contra Costa on November 30, 1966 in -I- Book 113 of Maps, at page 421 thence along the exterior line of said Lot 84 (113 Maps 42) , as follows: northerly along the arc of a curve to the left with a radius of 560.00 feet, an arc distance of 113.83 feet, south 60. 00' 00" east, 88.78 feet, .easterly along the arc of a curve to the left with a radius of 80 feet, an arc distance of 39.79 feet, south 88. 30' 00" east, 124.63 feet, south 1. 30' 00" .west, 13.00 feet, southeasterly along the arc of a curve to the left with a radius of 400 feet, an arc distance of 211.19 feet,- south 49• 45' 00" west, 62.54 feet, southwesterly, southerly, and southeasterly along the arc of a curve to the left with a radius of 40 feet, an arc distance of 55.09 feet, south 29. 10' 00" cast, 109.64 feet, south 60. 50' 00" west, 22.41 feet, southwesterly, southerly and southeasterly along the arc of a curve to the left with a radius of 30 feet, an arc distance of 47.12 feet, south 29. 10' 00" east, 59.81 feet, south- easterly along the arc of a curve to the left with a radius of 30 feet, an arc distance of 28.10 feetp south 82° 50' 00" east, 18.62 feet, southeasterly along the arc of a non-tangent curve to the left with a radius of 42 feet, an arc distance of 68.48 feet; south 16. 10' 00" west, 123.26 feet, south 1° 50' 00" west, 46.07 feet, southerly along the arc of a curve to the left with a radius of 50 feet, an arc distance of 21.36 feet, southwesterly and southerly along the arc of a non-tangent curve to the left with a radius of 42 feet, an arc distance of 52.80 feet, southwesterly and southerly along the arc of a non-tangent curve to the left with a radius of 50 feet, an arc distance of 74.76 feet and south 0. 20' 00" east, 78.57 feet to the exterior line of Subdivision 3586, a map of which was recorded in the office of the Recorder of the County of Contra Costa on July 11, 1966 in Book 112 of Maps, at page 1; thence along the exterior line of said Subdivision 3586 (112 Maps 1) , south 83. 40' 00" east, 248.10 feet to the most westerly corner of Lot 42 in Subdivision 3636, a map of which was filed in the office of the Recorder of the County of Contra Costa on October 19, 1966 in Book 113 of Maps, at page 151 thence along the exterior line of said Subdivision 3636 (113 naps 15) , as follows: north 86. 02' 56" east, 102.97 feet, north 600 '38, 00" east, 277.00 feet, north 70. 16' 28" east, 113.86 feet, north 870 14' 47" east, 107.41 feet, south 89" 16' 07" east, 105.00 feet, north 86. 28. 52" east, 60.16 feet and north 89° 00' 28" east, 92.05 feet to the northwest corner of Lot 1 in said Subdivision 3648 (113 Maps 42) 1 thence continuing north 89. 00' 28" east, along the north line of said Lot 1, 15.00 feet to an angle point in said Carriage Homes Co. parcel. (5080 OR 386) ; thence north 0. 43. 53" east, along an eastern line of said Carriage Homes Co. parcel (5080 OR 386) , 1,343.11 feet to .the point of beginning. -2- CONTRA COSTA COUNTY CLERK'S OFFICE Inter - Office Memo Date: May 59 1970 To: County Counsel - From: Geraldine Russell - by A. McSorley Subject: Today the Board adopted Resolution No. 70/247 in which the Board makes application to the Local Agency Formation Commission requesting the annexation of Subdivision 3651, Danville area, to County Service Area L-45 for street lights. Will you please prepare the appropriate resolution. am cc : County Administrator dc,: County Assessor - Attn. Jerry Tara IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 36519 Danville Area. ) RESOLUTION NO. 70/246 WHEREAS a map entitled Tract 3651 , property located in the Danville area " having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1969-1970 tax lien has been paid in full, and the 1970-1971 tax, which became a lien on the first of March, 1970 is estimated to be $12,000; and Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 42 Title 8, of the County Ordinance Code; Surety bonds issued by Argonaut Insurance Company with Greenbrook Land Company, a Corporation, as principal, as follows: No., 075276 in the amount of $275,500 for Faithful Performance and a $500 cash devoait (Auditor's Receipt No. 81804 dated April 28, 1970) which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended; and $276,000 for Labor and Materials; and Bond No. 075277 in the amount of $12,000 guaranteeing payment of estimated 1970-1971 tax; and Inspection Fee of $13,800; and Subdivision agreement between Greenbrook Land Company, 380 Hinckley Road, Burlingame, Cal ora a, subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete road and street improvements, etc., in said subdivision within one year from the date of said agreement; time limit for camp etion expires April 20, 1971; RESOLUTION NO. 70/246 Form #23 • i NOW q THEREFORE,, BE IT RESOLVED that said_ bond s and deposits and the amounts thereof be and the same are hereby APPROVED. BE IT FURTHER RESOLVED that said subdivision agreement be and. the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board doer not accept or reject on behalf of the public any of the streets, roads, avenues, o easements shown thereon as dedicated to public use. PASSED AND ADOPTED this -5th day of May , 19 70 by the following vote of the Board.; AYES: Supervisors J. P. Kenny, E. A. Linscheid, T. J. Coll. NOES, None. ABSENT: Supervisors A. M. Dias, J. E. Moriarty. CERTIFIED Copy I oeitify that this is a full, true & correct copy of the original document which is on file in my offlee, and that it was nasscd E adonted by the Board of SL'perVisors of Contra Costa County, California, on the date shown. ATTEST: W. T. PAASCH, county clerk&ex-officio clerk of said Board of SupervisoM by deputy clerk. cc: Subdivider Public Works (2) Auditor or ��.i�icfrk�-rL r-s•�.- ` f t7c,- . RESOLUTION N0. 7o/216 Form 23 68-6-200 PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATGH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR May 4, 1970 Subdivision 4CET)( I Honorable Board of Supervisors '.w 31970 Administration Building W. T. P A A S C H Martinez, California €91f a RD OF SUPERVISORS 8 TRS►COS 43� • DpYlp Gentlemen: There is submitted for your approval the map of Subdivision 3651 in Supervisorial District III in the Danville area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is April 20, 1971. 2. A Surety Bond in the amount of $275,500.00 and a $500.00 cash deposit (Auditor's Receipt No. 81804 dated April 28, 1970) which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond in the amount of $276,000.00. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1970-71 tax, which became a lien on the first Monday of March, 1970, is estimated to be $12,000.00. 5. Tax Bond in the amount of 112,000.00 guaranteeing payment of estimated 1970-71 tax. The map is submitted for filing by the Financial Title Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairmen to sign the Subdivision Agreement on behalf of the County. Very truly yours, VIC70R W. SAUE Public WorksDir for By V• L• Cifne Assistant Public Works Director RGA:sc Highway Planning cc: Title Company Planning Department Construction Division EMMET.T I41TCHC6CRI EDWARD W LEAL. JR COUNTY TREASURER•TAX COLLECTOR ASSISTANT TAX COLLECTOR'S OFFICE COUNTY TREASUAER.TAX COLLECTOR P14ONI 22R.' ^O ALFRED P LOMELI EXT °�"• ='"• 2387 CONTRA COSTA COUNTY TA. OF-11E MANAGER FIRST INSTALL"ENT OF TAXES FIRST INSTALLMENT OF TAKES MARTINEZ. CALIFORNIA 94553 DELINOUENT DUE AND PAYABLE ON THE TENT" DAY OF DECEMBER ON THE FIRST DAY OF NOVEMBER April a' 1970 SECOND INSTALLMENT Of TAKES SECOND INSTALLMENT OF TAXES DELINQUENT DUE AND PAYABLE ON THE TENTH OAY OF APRIL ON THE FIRST DAY OF FEBRUARY IF THIS TRACT IS [IDT FM= BY OCTOBER 31, 19 74 THIS LETTER I, YOID This will certify that I have examined the Kap of the proposed subdivision entitled: TRACT N0. 3051 and have determined from the official tax records that there ars no unpaid County taxes heretofore levied on the property included in the map. The current 1969-70 tax lien has been paid in full. Our estimate of the 1971 ' tax lien, which became a lien on the first day of March,1-9_70_, is 1.2,000.00 ENDETT HITCHCOCK Redsoption Offi • By: tizvopity) dl SUBDIVISION AGREEMENT (§1) Subdivision: 3651 M) Subdivider: GREENMOOK LM MMANT9 (B. & P. Code §§11612-12) a California corporation 1 Effective Date : April 20, 1970 (Contra Costa County (§1) Completion Period: One Year Standard Form; 8-67) (§4) Deposits : A. (cash) 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $275,500.00 2. (labor,materials) 27 ,000.00 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage , street signs , fire hydrants , and all improvements as reouired by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments , and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department . Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429 ; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Derosit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus . & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash: together with . . . . . . . . . . . . . . . . . . . . . B. Bonds , etc. : (I - FaithfuZ Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount , which is the full amount of said estimated cost , securing payment to the contractor, to his subcontractors , and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warra?:t . Subdivide^ warrants that said improvement elan is ade- quate to acco-nlish t',-L: *o�^'k as pro--ilse^ -in Section 2 : and if, at any time before t':e County' s resc_ution of for the subdivision, the improver^ent plan proves to be inadequate n an'r respect , Subdivi- der shall make chanes necessa ar-: `.c ac^ - ^l_ � .,,r ! the c ^k as promised. -1- B. No Waiver by County. Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials , or payments therefor, or any combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnitu. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards, commissions , officers, agents and employees , B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s ) or other proceeding(s) concerning these : C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The Dromise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters . 6. Costs. Subdivider shall pay when due all the costs of the work, inclUffing inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map_ and to the satisfaction of the County Road Commissioner-Surveyor. ZD. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees , costs of suit , and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements , the subdivision is annexed to a cite, the County may assik-n to that city the County' s rights under this z--reement and/or any derosit or bond securing them. 12. Record k7a^. In consideration. hereof, r urt Shall allot.. :subdivider to file and record said subdiv_sion mar , and reco?nizes this subdivision as one complyi-:E- t:,ith State laws and County ordinances . -2- M COUNTY OF CONTRA COSTA SUBDDIIV�IDE4r--(see low)By _ OOK LAND CO a California Chairman,'71"'d of Supervisors Corpora - Presi ATTEST: W. T. PAASCH, County Clerk Designate of tial capacity in the h ex officio Clerk of the Board busirmMas�R.W. Fish BY Note to Subdivider: (1) Execute Deputy acknowledgment form below; and (2) If a corporation, attach a certified copy of (a) the bylaws FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board ty Coun l of Directors, authorizing execution of B � _• this contract and of the bonds required Y _.: hereby. Deputy State of California ) ss. (Acknowledgment by Corporation, County of San Francisco ) Partnership or Individual) On April 20, 1970 the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed ...,'..,.N^ Y' ....................OF ., ........F i�� SFA�NC. PETERSEN .. /' _ NOTA u3 PETER SEi V f t' / SAPS tvCrpn! pfCarsFO vIA JOHN P. PETERSEN FRANCISCO COUNTY / r'l! Ccmrnission Expires May 6 1970 ......................f ((( ' Notary Public for said County and State (Subdiv. Agrmt• CCC Std. Form) (HP-9; Rev. 9-69; 200) -3- •Bond R'Umber: _O?5 7L PRE141UP.1 Or! THIS EoidD isa_ 0 d � IMPROVEMENT SECURITY BOND (FaithfuZ Performance & Maintenance, AND Labor & Materials) (CaZif. Bus. & Prof. Code §ZZ6Z2; Contra Costa County Standard Form) Z. OBLIGATION. (PrinctpaZ) GWIMMOOK LAND COMPANYt a corporation as Principal, and ure y ^ - a corporation ' organized and existing under the laws of the State of California and authorized to transact surety business in California, as Surety, ere y ,jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it : (A - Faithful Performance, & Maintenance) TWO HUNDRED SEVENTYFIVE THOUSAND FIVE HUNDRED. .00/00 Dollars ($ 275.500. 0 ) for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials) TWO HUNDRED SEVENTYSIX THOUSAND. . . .00/00 Dollars ($ 2761000.00 _) for the benefit of persons protected under Cal. Bus. &Prof.Code §11612. 2. RECITALS. The Principal contracted with the County on to install and pay for street, drainage, and other improvements in Subdivi- sion No. 3651 , as per map now being filed with the County's Recorder, and to complete said work within One Year from said date, all in accordance with State and local laws , rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect . No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the ,judgment. SIGNED AND SEALED on April 20, 1970 PRINCIPAL SURETY GREENBROOB LAND CoMPC ,a c2roration ►► By -- _ By Rober `W:-Fish, Eriesident � i>E � � � � itE � itf �t�"�t * � iE i* i* * if � in � � � >It • * � � � * * � * iE � � � � >Ir State of California ) ss. County of Alameda ) (ACKNOWLEDGMENT BY SURETY) On April 20, 1970 , the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorneys)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/thee$ysigned the name of the Corporation as Surety and his/their own name(s) as� p11Ktt AA��41jitfOO� NtNINIYau-zy t• J F. JOHNSTON \otary Public C ; tea. Alameda County Mate of California otary l7my, said Count an tate Imp. Sec. Bond, CCC Std.Form) F. JWNSTt�N (HP-Z 5;Re v. 8-67; 200) Comms'-•..upirm AP/N A IM - CERTIFIED COPY OF RESOLUTION' OF THE BOARD OF DIRECTORS ..OF - GREENBROOK LAND COMPANY RESOLVED, That Robert W. Fish, President, is hereby authorized to execute any and all documents for and on behalf of this corporation effecting any and all real property or interest therein. Certificate of Secretary I, the undersigned, do hereby certify that I am the duly elected and acting Secretary of Greenbrook Land Company, a California Corporation, and that the foregoing resolution was duly adopted by said Company 's Board of Directors at a meeting held on October 1, 1968, 00 Rldhard K. Waldron Secretary (SEAL) "STA^1£ OF C ALIFORM A COUNTY OF .Al ameda. _ On this 23rd day of April ,in the yeerl9 70 before me, F. -Johnston , a LN&tary Public in and for sal• -Alameda County and 'State; ' duly com-missionej and s:•:or , bersorally appeared Robert W. Fish ,known to me to be President ,o the corporation tha;, e:•:ecj ted thei:lt:lin i..^.tic►..^::^ :at, =21'� 'e-.no-.-.n to r:e to be the 17er son , who executed the within i nstF'L'me nt on behalf of said corporation therein na-.^.d, anc ac::nzwle-_%ed to me that . �- such co:'po-1 at i of, a cu i:ef the. sa ae, pursuant to its i7y- laws or s reso'•ution of its Board or �irec L, IV :!I''?IESS :.z ': =OF' I have hereu:�to set my hand and affixed my seal, ln the s4i Alameda County o:^ ,the day and ;,'ea_ in zais cerUf icate first above rritte.i. F. JOHNSTON - Notary Public = �' Alameda County E State of California Yrwwnwwnmaa :oar; '_L, .or z:•le _ Cou- 11 ofAlameda State o: i'o nT F.MRSTOM . My VammW..e.tolras ApIll 28,1970 Executed in `Duplicate Bond No. 075277 Premiss =120.00 for terfa MW AOAMT ?Aiif �M Ate. MO BY MSZ 11125Msls t IN" oi�iiQO[ hixD CgIP�: a oat'loa�ati`� as principal mad >wKxca�uyr IISURJMCE cO�JNl7 ]� as suretliu ars hold and firmly bound unto the County of Contra .Coda, state of California, in the penal am of F i I ,YYY.W to ,be paid to. the said County of Contra Costa, for the payment of which we and each of us bind ourselves, our heirs, eioscutors, administrators, and successors, jointly and severally, fismly ,by these presents. Sealed with our seals and dated this 23rd day of April The conditions of the above obligation are such that 11)NW, the above bounded principal is about to file a flap entitla4.3MWDTISI0ff3651. NOW =if ,:. i and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain lions for taxes and special assessments collected as taxes, against the said Tract of laud covered by said Map, which taxes and special assessments collected as takes, aro not as yet due or payable. 91ow, therefore, if the said [ 00[ LM CDVANT shall pay all of the taxes and s colloc as taxes which are a lien against d tract of land rod said z Map at the time of the fili of said Map of said Ts this obligation shall be void of no effect. O smlain in full force and of t. oorpot�ation -= - - Presiden Rmrpa surety I Louis A. Luzzi, I Surety, Attorney in Fact _ - 1.tote of California !County of F, keknow . On this 23rd day of April 19 70 before me personally appeared Louis A. LUZ21 Known to me to be an Attorney-in-Fact of Argonaut Insurance Company, the corporation described in the within i istrument, and he acknowledged to me that he executed the within instrument as the act of the said Argonaut _ itsurance Company in accordance with authority duly conferred upon him by said Company. HOTAR PUOLIC _ ruz,IC } ot1"area SEP:. ,, Jin My Commission Expires i-Gfll { t g 052 SP -41975 : In the Board of Supervisors Boox7612 PE 8M of Contra Costa County, State of California August 12 119 1 In the Matter of Acgept.ance of DISCOVERY BAY_ BOULEVARD,) Brentwood Area, Road No. 9354. z3 -_ The Public Works Director having reported that .the ' construction of improvements for Discovery Bay Boulevard (Road cof No. 9354) from State Highway 4 to approximately 550 feet northerly has been satisfactorily completed; and �. CG IT IS BY THE BOARD ORDERED that said improvements are ACCEPTED as complete and the $500 cash (Auditor's Deposit Permit �+ 2-To. 115525 dated March 18, 1974), as surety under the Road Improve- ,04 meet Agreement, be RETAINED for one year in accordance with Section 94-1 .406 of the Ordinance Code; and co a� P4 IT IS FURTHER ORDM- ED that DISCOVERY BAY BOULEVARD .o (80/100/0.10) which is shown and dedicated for public use on the map of Subdivision 3653 filed June 13, 1974 in Book 169 of Maps at page 42, is ACCEPTED as a County road. s,- PASSED by the Board on August 12, 1975. x 0 0 4-:1 �-� �Fit SEP _ 0 ; nooftS �oarn°�„n,0At it ats1cft o F U Orel/ sF AFF% o I hereby certify that the foregoing is a true and correct copy of an order entered on the E� minutes of said Board of Supervisors on the date aforesaid. cc: �overy Bay Corporation Witness my hand and the Seal of the Board of a e c ord er Supervisors Public Works Director affixed this 12th day ofAugust ' 19 -75 Director of Planning County Administrator R. OLSSON, Clerk By Deputy Clerk H 24 12174 •"15-M onstanceDavies SND OF DOC UMDfR s r i N Please return to: ( � AUG 19 1975 '75142 3�0�� J Clerk of the .Board, I 595 F.0 %0 Administration Building, Martinez In the Board of Supervisors of 1 1Contra Costa County, State of California August 12 , 19 75 In the Matter of Acceptance of DISCOVMY BAY BOULEVARD, Brentwood Area, Road No. 9354. The Public Works Director having reported that the construction of improvements for Discovery Bay Boulevard (Road No. 9354) from State Hignriay 4 to approximately 550 feet northerly has been satisfactorily completed; and IT IS BY•THE BOARD ORDERED that said improvements are ACCEPTED as complete•: and the $500 cash (Auditor's Deposit Permit No. 115525 dated March 18, 1974), as surety under the Road Improve- ment Agreement, be RETAENED, for one year in accordance with Section 94-4.406 of the Ordinance Code; and IT IS FURTHER ORDErtED that DISCOVERY BAY BOULEVARD (80/100/0.10) which is shoim and dedicated for public use on the map of Subdivision 3653 filed September 25, 1973 in Book 7054 of Maps at page 812, is ACCEPTED as a County road. PASSED by the Board on August 12, 1975. IffWil O CONTRA COSTA COUNW AUG 19 1975 AT O'CLOCK M. CONTRTA COUNTY RECORDS J. R WWI" COUNTY RECORDER OFFL I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Discove:�3T day Cor;�aration Supervisors Recorder✓ Public Works Di.ractor affixed this 12th day of August 19 • 5 Director of Planning } R. OLSSON. Clerk County Administrator BY� A Deputy Clerk H 24 12174 -"15W Constance J. Davies sem' AF�I� ENO Of DOCUMENT IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA May 27 1975 In the Matter of Releasing ) Subdivision Deposit } Subdivision: 3653 , Byron Area ) Deposit: $500 ) Auditor's Permit No. 67861 ) Dated August 13, 1968 ) ) Refund to: } U. S. Plywood Corporation - Bixland Corporation ) 145b Doolittle Drive ) San Leandro, California 91577 ) On September 18, 1973 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. PASSED by the Board on May 27, 1975• I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 27th day of May , 1975 J. R. OLSSOV, YJM4 CLERK cc : Public Works (2) Subdivider Discovery Bay Corp. Beputy Clerk P. 0. Box 85 Constance Davies Byron, California 94514 5682 ,. Clerk.,. Board of Supervisors wom,AT REQUEST OP Room 103, Administration Buildi.nE CONTRA MSTA �---------- Ai0.rtine� SEP 25 1973 ---------------- p 2 AT bAa&e M. cam �!V Kea" 0 W. T. PAASCH o COUNTY RECORDER 13 TM BOARD OF SUIMY3083 (� ri OF FEE _ (J '/�flRTRA CO3?A COUP?, STATS OF CALWOMA In the Matta of Com lstion of } Improvements and Declaring ) Certain Roads as County Roads, ) P.39aLUTSO3 NO. 73/733 N Subdivision 3653s D13aover7 Bey ) Area. ) 4ELTMAZ the Public Works Director having notified this Board that construction of i=_provemeats has been completed in "Subdivision 3653, Discovery Bay grea, as provided is the agreement Earstofore esecutad by th13 Board in conjunction Ath the filing of the subdivision map; N0W, =TM3 F'ORB, B3 IT R330LVW that the improvewnts in the following subdivision have been completed for the purpose of establi3hia6 a tell period for filing of lima in case of action under said Subdivision Agreement: SU10Civ13iOn Date of AareeMt 3653, Discovery Bay urea August 209 1968 (`T_'ha American Iasurane e C asp any - Bond No. 3C 6161,4" BE 1T 17URTIM R390LM that the 1500 cash deposit as surety (Auditor's Receipt No. 67861 dated Augu3t 13, 1966) be RBTAIMM for ons gear pursuant to the requirements of Section 94-4.4.06 of the Ordinance Code. BE IT YxUR'*?3P. R33OLV3D that the hereinafter described roads, having been heretofore dedicated to public use by the filing of map in tho office of the County Racorder, ba and the same are aecapted and declared to be Comity roads of Contra Costa Co t7: DI3COVSRZ BAY BOUL39ARD (64} to 40/34 to 60/0.C4) DISCa4I Y BAF BO=.AAD (40/60/0-66) DISCO77 BA7 BOULSTARD �4o/6o/ to 108/0.13) DISCO 177,77 410/010/0.13) UDC cir= ;Z)-40/:56-60/0.02) LIDO C=-= ( 30/0/0.07) LIDO CiRCLd (32/52/0-24,) as shown and deK4_icated for pub3.;c use on the Map of Subdivision 3653 fi?ad September 11, 1968 yn book 123 0 ::nos at ?age 18, Official Records of Contra Costa County, State of California. ,02 !T Lna t the Road .s.=rovemen t, k1oreemant, ctive Sootem'car 2?t, 1973, 4 th Discovery Bay Coraoratiaa guurantae- i^g tha camplstion of Discovery Bay 3oulward between 'Highway 4 ane ??ive-rla'ie Road, is A??ROM and S=ervisor J. S. Moriarty, Vice Chai-,an, is A;T^ZCRI= to axecute spa on behalf of the Count3. PASS= ?.FD AM.*T= thi3 13th day of September.. 1973, � tea following vote of =ne 30ard: 3f ' 5txperviso,e 3. �. ^army, '; . :i. Boggess, X41 'QFF� F 3. A. i i ebaid, J. E. Moriarty. k� • id033: _::�a. CERTU'ED COPY 33-3271.": S—jervi3o2` A. -M. Di a3. I cer',.Y that tea '3 a = :1 ttir & correct COPY o• ^ c y of2ce. Co.SPI' cr..- or ^a! cw u s t` :opted!` e Board ✓'C; iior :a Qi _1a ,330*�TIOs NO . ;3/733 7,- nn END OF DOCUMENT ROAD IMPROVEMENT AGREEMENT (51) Road Acceptance: Discovery Bay Blvd. (51) Developer: Discovery aYorporation, a ( Discovery Bay Area) California coriporation Improvement Plans (52) Effective Date: Sentember 24- 1973 Discovery Bay Boulevard - (12) Completion period: Two (2 years (54) Deposits: A. (cash) $500. Highway 4 to Riverlake Road B. (bonds, etc.) I. (faithful performance and maintenance) $21, 600. 00 2. (labor, mtls.) $ 22. 100. 00 1. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County," and the above-named Developer, mutually promise and agree as follows concerning this road acceptance: 2. Improvements. Developer shall construct, install and complete road and street improvements, storm drainage, street signs, fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this road acceptance on file in the County's Public Works Department. Developer shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof, in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made there- under; and where there is a conflict between the improvement plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & maintenance. Developer guarantees that the work is and will be free from defects and will perform satisfactorily in accordance with County Ordinance Code %8429a; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Developer shall deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . .. . .. . . . . .. . .. . . .. ... B. Bonds, etc. : (1 - Faithful Performance) additional security for at least the above-specified amount, which is the total estiffoted cost of the work less 5500, in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defective workmanship or materials or any unsatisfactory performance; Plus (2 - Labor & materials) another such additional security in at least the above- specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Developer. 5. Inspection Fee. Developer shall pay to the County a cash amount equal to five percent 5 of the estimated cost of the improvements for the inspection of the work and the checking and testing of the materials. 6. Warranty. Developer warrants that said improvement plan is adequate to accom- plish this work as promised in Section 2; and if. at any time before the County's resolution of completion for the road acceptance, the improvement plan prows to be inadequate in any respect, Developer shall make changes necessary to accomplish the work as promised. 7. No Waiver by County. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the require- ments 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 neveloper of his obligation to fulfill this contract as prescribed; nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. - 1 - S 8. Indemnity. Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, 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 comdemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and including the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negligent or non- negligent in connection with the matters covered by this agreement and attribut- able to the Developer, contractor, subcontractor, or any officer, agent or employee of one or more of them; D - Non-Conditions: The promise and agreement in this section is not condi- tioned or dependent on whether or not any indemnitee has prepared, supplied, or approved any plan(s) or specification(s) in connection with this work or develop- ment or has insurance or other indemnification covering any of these matters. 9. Application of Environmental Impact Requirements: By approving and executing this Agreement, Contra Costa County does not certify that the subject Road Improve- ment is in compliance with the recent decision of the California Supreme Court in the case of "Friends of Mammoth vs. County of Mono". By executing this agreement, Developer agrees to save and hold harmless County from any and all legal action that may be brought because of the aforementioned decision and agrees to defend any such action brought against County. Developer further recognizes that he may be required, during the tenure of this agreement, to comply with all rules and regulations which may be promulgated to implement the aforementioned decision. 10. Costs. Developer shall pay when due all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 11. Nonperformance and Costs. If Developer fails to complete the work and improve- ments within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Developer shall pay the costs and charges therefor immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Developer shall pay all reasonable attorney's fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. 12. Assignment. If before County accepts these improvements, the development is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. 13. Consideration. In consideration hereof, County shall, at such time as the improvements are constructed to County standards and are in conformance with said plans on file in the Public Works Department, subject to inspection and approval of the Public {Forks Director, accept the public street improvements for maintenance. 2 - !r 2 COUNTY OF CONTRA COSTA DEVELOPER: (see note below) By DISCOVERY BAY CORPOR-kTION, a airman,.Board o Supervisors Calif "a corporatio i-dents ATTEST: W. T. PAASCH, County Clerk (Designate official capacity & ex officio Clerk of the Board in the business) BY Note to Developer: (1) Execute Deputy acknowledgment form below; and (2) If a corporation, attach as certified copy of (a) the by-laws FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board County Counsel. of Directors, authorizing execution /Z �+� of this contract and of the bonds w_By * required hereby. Deputy # 7of # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # St a Cal ornia �..j' ) (Acknowledgment by Corporation, County of �,c,z'ir� f�w.�r - ) ss. Partnership or Individual) On �.�-.� e2-/ Zf7.,- , the person(s) whose name(s) is/are signed above for CD6veloper and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. (Road Acceptance MOk,1IND COM (HP-44�A (Rev. 5J UPCO WANWO Notary Public for sold County Gid State i CERTIFICATE I, Jeanne Morano, Assistant Secretary of Discovery Bay Corporation, a California corporation, do hereby certify that the following is a true and correct copy of a resolution adopted by unanimous written consent of the Directors of said corporation, pursuant to said corporation's By-Laws on May 17, 1972; that said resolution has not been rescinded or repealed and is in full force and effect and that said resolution is in accord with the By- Laws and Articles of Incorporation of said corporation; "RESOLVED, That Ronald W. Doll or Lewis N. McKinney or Howard R. Bru be and they hereby are authorized, on behalf of this corporation, to execute all documents and do all things required by all Municipal Agencies and the Real Estate Commissioner of the State of California, for the purpose of obtaining subdivision maps, governmental clearance, and a public report from said Commissioner for Subdivision 4205 in Contra Costa County. " IN WITNESS WHEREOF,I have hereunto subscribed my name this 24th day of August 1973. Jeanne Morano Assistant Secretary ice` _ - BOND NO. #6260672 PREMIUM $332.00 IMPROVEMENT •SECURITY BOND (FaithfuZ Performance & Maintenance, AND Labor G Materials) (Calif. Bus. & Prof. Code §11612; Contra Costa County Standard Form) 1. OBLIGATION. (Principal)Discovery Bay Corporation, a California Corporation as Principal, and (Surety) THE AMERICAN INSURANCE COMPANY a corporation organized and existing under the laws of the State of New Jersey and authorized to transact surety business in California, as Surety, hereby .jointly and severally bind ourselves , our heirs , executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it : (A - Faithful Performance , & Maintenance) Twenty-one thousand six hundred and no/100----------------Dollars ($21, 600. 00 ) for itself or any City-assignee under the be ow-c ted subdivis on contract , plus (B - Labor & Materials) Twenty-two thousand one hundred and no/100---------------.Dollars ($22, 100.00 ) for the benefit of persons protected under Cal. Bus. & Prof. Code 511 12. 2. RECITALS. The Principal contracted with the County to install and pay for street , drainage , and other improvements in Subdivision No. 4205 , as per map now being filed with the County's Recorder, and to complete said work within two (2) year(s) from the effective date of said Contract , all in accordance with State and local laws , rulings thereunder and the subdivision contract . 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improve- ment plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guarantee of maintenance continues for the one-year period; and if he fully pays the contractors , subcontractors , and persons renting equipment or furnishing labor or materials to them for said work and improvement , and protects the premises from claims of such liens , then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819 , and holds itself bound without regard to and independently of any action against principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attorney fees fixed by court to be taxed as costs and included in the ,judgment. SIGNED AND SEALED on August 27th, 1973 PRINCIPAL SURETY DISCO, Y BAY CORPORATION, a California cor orati n T ]/IjCAN INAPRANCE COMPANY ' Presiden$,Y State of California ) County of San Francisco ) ss' (ACKNOWLEDGMENT BY SURETY) On August 27th 1973 , the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorneys)-in-Fact for this Corporate Surety, nersonall.y appeared before me and acknowledged to me that he/they signed the Name of the Corn_ or tion as Surety and his/ their own name(s ) as its Attorneys n-Fact . wunununnnnunnnnnunmm�un�enmm�sii ` VIRGINIA A. ENGUENARD _ NOTARY PUBLIC-CALIFORNIA �_� '• PRINCIPAL OFFICE IN SAN FRANCISCO COUNTY MY CMbtISSION EXPIRES AUGUST 2. 1977 2 vir nig . F;n ue rd ruatunuttuuuuu�uuuuuuuuuuuuuuy N o t ry Pt D 1 i C f O r s uuai d County and State (Imp. Sec. Bond, CCr .S+d. Form) (HP-15;Rev. 5- 72;1''✓) - RECORDING REQUESTED BY AND V4=RECORDED MAIL TO Name Street Address City L State Zip GENERAL POWER OF ATTORNEY THE AMERICAN INSURANCE COMPANY ENOW ALL NEN BY THESE PRESENTS: That THE AMERICAN. INSURANCE COMPANY, a Corporation duly organized and existing under the Iaws of the State of New Jersey, and having its Home Office in the City and County of San Francisco, California, has made, constituted and appointed, and does by these presents make, constitute and appoint -----BIAIR ALEXANDER----- its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, seal, acknowledge and deliver any and all bonds, undertakings, recognizances or other written obliga- tions in the nature thereof and to bind the Corporation thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the Corporation and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys)-in- Fact may do in the premises. This power of attorney is granted pursuant to Article VIII, Section 30 and 31 of By-laws of THE AMERICAN INSURANCE COMPANY adopted on the 7th day of May, I963, and now in full force and effect. "Article VIII, Appointment and Auteority of Resident Assistant Secretaries, and Attorneys-in-Fact and Agents to accept Legal Process and Make A ppraranees. Section 30. Appointment. The Chairman of the Board of Directors. the President, any Vice-President or any other person authorized by the Board of Directors,the Chairman of the Board of Directors,the President or any Vice-President, may, from time to time, appoint Resident Assistant Secretaries and Attomeys-in-Fact to represent and act for and on behalf of the Corporation and Agents to accept legal process and make appearances for and on behalf of the Corporation. Section 31. Authority. The Authority of such Resident Assistant Secretaries, Attorneys-in-Fact, and Agents shall be as prescribed in the instrument evidencing their appointment, and any such appointment and all authority granted thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment." This power of attorney is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of THE AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 26th day of September, 1966, and that said Resolution has not been amended or repealed: "RESOLVED, that the signature of any Vice-President, Assistant Secretary, and Resident Assistant Secretary of this Corporation, and the seal of this Corporation may be affixed or printed on any power of attorney, on any revocation of any power of attorney, or on any certificate relating thereto, by facsimile, and any power of attorney, any revocation of any power of attorney, or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Corporation." IN WITNESS WHEREOF, THE AMERICAN INSURANCE COMPANY has caused these presents to be sinned by its Vice-President, and its corporate seal to be hereunto affixed this 27th day of September lg 2 �HERICAN INSURANCE COMPANY JAMES H.WELLS,Vice-President 4i STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO ss. On this_ 27th day of— September 19 72, before me personally came JAMES H. WELLS, to me known, who, being by me duly sworn, did depose and say: that he is Vice President of THE AMERICAN INSURANCE COMPANY, the Corporation described in and which executed the above instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Corporation and that he signed his name thereto by like order. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year herein first above written. ETHEL L WATKNIS VOTARY MK -CAIEOOMA a7 Z WY COUNTY OF SMI Fi10CISCO ETHEL L.WATKINS.Notary Public _ My Cotttwiuirn ExOn Mush T.1975 CERTIFICATE STATE OF CALIFORNIA, CITY AND COUNTY OF SAN FRANCISCO Js 1, the undersigned, F,esident Assistant Secretary of THE AMERICAN INSURANCE COMPANY, a INrEW JERSEY Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked; and furthermore that Article VIII, Sections 30 and 31 of the By-laws of the Corporation, and the Resolution of the Board of Directors, set forth in the Power of Attorney, are now in force. Signed and sealed at the City and County of San Francisco. Dated the 27th,4_ay oc_ August 19 73 t v.te 'kci�oP WINIFRED H.BROWNE,Assistant Secretary 360545(NO)—TA—4-71 E` _ L In the Board of Supervisors of Contra Costa County, State of California AS EX OFFICIO THE GOVERNING BOARD OF CONTRA COSTA COUNTY SANITATION DISTRICT NO. 19 November 14 1972-- in 972M the Matter of Approval of Agreement (Amendment No. 1) for Subdivisions 3653, 4076 and 4077, Brentwood Area. WHEREAS the Board heretofore approved agreements for construction of improvements in Subdivisions 3653 (August 27, 1968) , 4076 (Decem- ber 8, 1970) , and 4077 (February 16, 1971) ; and WHEREAS the Board considered an Agreement (Amendment No. 1) between Contra Costa County Sanitation District No. 19 and Veronica Development Corporation, said agreement providing for the acceptance of water and sewerage service facilities for the abovementioned sub- divisions, with the exception of landscaping for which a $10,254 cash bond (Auditor's Deposit Permit No. 103538 dated November 14, 1972) has been deposited with the District to insure completion; and WHEREAS said Agreement (Amendment No. 1) is accompanied by surety bonds issued by Highlands Insurance Company, with Veronica Development Corporation as principal, as follows: Subdivision 3653 - Bond Nos. 908109 and 908110, each in the amount of $38,000; Subdivision 4076 - Bond Nos. 908112 and 908115, each in the amount of $15,000; and Subdivision 4077 - Bond Nos. 908111 and 908113, each in the amount of $12 ,000; NOW, THEREFORE, on motion of Supervisor A. M. Dias, seconded by Supervisor W. N. Boggess, IT IS BY THE BOARD ORDERED that said agree- ment is APPROVED and Supervisor E. A. Linscheid, Chairman, is AUTHORIZED to execute same in behalf of Contra Costa County Sanitation District No. 19. The foregoing order was passed by the following vote: AYES : Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Veronica Devel. Corp. Witness my hand and the Seal of the Board of Public Works Supervisors Sewage, Waste E Water affixed this 14th day of november , 19 72 Planning _ W. T. PAASCH, Clerk Auditor_ lay ` jcf'dC fr�X�lz�lt LSC, Deputy Clerk Mildred 0. Ballard M24 4/72 10M s In the Board of Supervisors of Contra Costa County, State of California April 18 19 72 In the Matter of Approval of Agreement Extensions for Subdivisions 3653, 4076, and 40779 Brentwood Area. The Public Works Director having reported that in recent months the Veronica Development Corporation organization has under- gone changes and the new management has made progress toward eliminating the various problems which had developed daring the construction of the current units of the Discovery Bay subdivisions; and The Public Works Director having further reported that the developers have now submitted a request for the extension of time limits under the Subdivision Agreements for three units of the Discovery Bay subdivisions with a schedule for completion of the remaining work to be done in these units; On the recommendation of the Public Works Director and on motion of Supervisor A. M. Dias, seconded by Supervisor J. B. Moriarty, IT IS_ BY THE BOARD ORDERED that Subdivision Agreement Extensions for the following listed subdivisions in the Brentwood area are APPROVED: Subdivision No. New Expiration Date 3653 August 20, 1972 4076 November 17, 1972 4077 January 27, 1973 IT IS BY THE BOARD FURTHER ORDERED that Supervisor E. A. Linscheid, Chairman# is AUTHORIZED to execute said Subdivision Agreement Extensions on behalf of the County. The foregoing order was passed by the following vote: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Public Works (2) Witness my hand and the Seal of the Board of Planning Supervisors Veronica Dev. Corp. affixed this 18th day of April , 19 -22 W. T. PAASCH, Clerk By "�FL.IL�t L �iK��y-L. �` Deputy Clerk Helen C. Marshall H 94 11/71 10M S STATE OF CALIFORNIA COUNTY OF CONTRA COSTA i` On before me, the undersigned, a Notary Public, in and for said State, personally appeared �� C6AJF � , known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that. he executed the same. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the di , and. year in this certificate first above wr"Q te' . swan* am SIMM Nota ublic . �AIMIM�rrl�w#Irr.�1Ab \ FILED SUBMUSION AGREEMENT EXTENSION 114�; P�►A � Oontra Costa =TV Subdivision Number : 3653 Name : Discovery Bay (Unit #1) (Original) Agreement Date : August 20, 1968 Surety Nam' : The American Insurance Company Bond No. : SC 6161566 Amount : $260,000 Date : August 20, 1968 Extension New Termination Date August 20, 1972 IAs Subdivider and his Suretv desire that this subdivision agreement*be extended through the above date; and Contra Costa County and the Surety hereby agree thereto and acknowledge same. *Road and Drainage Improvements Dated- March 14, 1972 BIXLAND CORPORATION - a)N'11RA CfiS A B�,Y_ E.C. Har ter SbOdivider Chairman, Board of Supervisors THE AMERICAN INSURANCg QX uv Surety B K B. ORR, ATTORNEY-IN-FACT ` UTESI: W. 1. -. V-501, Counter 1.1erk ani ex offs c` o r71-rk of the Board Deputy �+.- S141 ApPROVI•:Z3 �? is?� D �Z :�'S I.M.l,�TD Sr�LiY'S SIGNAZUR TO BE NOZARI7E0)IOHN B.CLAUS County By Deputy 14P-1-� (Rev. 7-4,W <- ' i State of California County of Alameda ss: ?n March 14, 1972 before me, a Notary Public in and for said County and State, residing `erein, duly commissioned and sworn, personify appeared FRANK B. ORR known tome to be Attorney-in-Fact of THE AMERICAN INSURANCE COMPANY ,the corporation described in and that executed the -within and foregoing instrument,and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF. I have hereunto set my Mand and affixed my official seal, the day and year�a ed in this ceztifi hove. r taF t SEAL `f / My Commission Expires x— ,`• M-iUt"S Notary Public Rhodes P;:'--. V ;FFICZ til 380212-6.66 A _:1: COUNTY �tw C^nniss::r ��:;t ra Jun 20. ?915 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA AS EX OFFICIO THE GOVER14ING BOARD OF CONTRA COSTA COUNTY SANITATION DISTRICT NO. 19 Approval of 'Third Extension of ) Agreement for Sewage and Water ) October 5, 1971 Services, Subdivision 3653, ) Byron Area. ) On August 27, 1968, the Board approved an agreement between Contra Costa County Sanitation District No. 19 and the Bixland Corporation, developers of Subdivision 3653, Byron area, which agreement provides terms and conditions under which the water and sewerage service facilities pro- posed within the District to serve said subdivision area would be constructed by August 26, 1969. And on September 10, 1969, a first agreement extension for an additional period to and including August 20, 1970, was approved. Thereafter, on September 1, 1970, a second agreement extension for an additional period to and including August 27, 1971, was approved. The Public Works Director, as ex officio Engineer of Contra Costa County Sanitation District No. 19, having recommended that the Board approve a third extension of the agreement between the District and the developers for an additional period to and including December 15, 1971; and Supervisor W. N. Boggess having stated that on July 6, 1971, the Board had been assured by a representative of the developer that an acceptable community sewage treatment plant disposal system would be completed and in operation by August 15, 1971, and after much deliberation the Board had authorized issuance of building permits with the understanding that no occupancy of any structure would be allowed until the sewage treatment facility had been completed and accepted by Contra Costa County Sanitation District No. 19; that he had voted against the aforesaid action and that in his opinion the recommended extension should not be granted; particularly since the commitment date had not been met; and Mr. John B. Clausen, County Counsel advised the Hoard that it was not necessary to grant this extension but that they could treat the contracts as being in default and not order any action at present . He also suggested that if the Board wished it could ask for a detailed explanation of the need for an extension as to each facility; and The Board having considered the matter, and Supervisor E. A. Linscheid having moved that the third extension for an additional period to and including December 15 , 1971, be approved with the understanding that the developers will submit a detailed report to this Board explaining the reasons for the request for an extension; and Supervisor A. M. Dias having seconded the motion, and the Chairman having called for the vote, the :notion was passed as follows: AYES: Supervisors A. M. Dias , J. E. Moriarty, E. A. Linscheid, J. P. Kenny. NOES: Supervisor W. N. Boggess. ABSENT: None. i I HEREBY CERTIFY that the foregoing is a true and correct cony of an order entered on the minutes of said Board of Super— visors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 5th day of October, 1971. W. T. PAASCH, Clerk By Mildred 0. Ballard, Deputy Clerk cc: Public Works (2) Jack Port, S:d&'rl Building Inspection Planning . County Counsel Veronica Dev. Corp. M ane oal-M of Supe v.sors of Cont.a Costo Count;, State of California October 5 , 19 ZL In the ,1l►cuar of Approval of Subdivision Agreement- xtens:on for Subdivis_on 3653, Byron Ar ea. I ire Public ::Or:_s Director l av i ig recOIPmi ended that the Board approve extensie Of ._ 2 :c bet:•:e.en the County of Contra Costa and Discovery Bay 3_::1a:-id, %developers of Subdivision 3653 located it the Byronr area,a, sa44 aor e—e: t;. prOvi4 ing for road improvement - and wprovelilc''nt -and The Board hav-'-g CO nc l der ed the atter, on :notion of Super- visor E. A. L i:lsc e* see o- e by Super'Iisor A. iii. Dias, IT 1S BY THE. BOARD ORDERED that extension for an additional period to and includin- Decazber 15, 1971 is AP?%utr'D and Supervisor Ja:res P Kenny, Chair pan of the Board, is i-THORIZED to e::ec;:te aforesaid agreement extension in :.e al_' o-' t:.e County. The foregoing order was passed by the follo:ving vote of the Board: AYES: Supervisors A. M. Dias, J . E. Moriarty, W. N. Boggess, E. A. Binscheid, J. P. Kenny. NOES; None. ABSENT: None. I hereby certi.y. thc:' the fore-oing is a truc anal correct cosy of an order entered on the ' minutes of said Board of Supcmisors or. the date afon=id. Witness my hand and the Seal of the Board of Cc: Public arks (2) S:iGBrV::OfS Yw4:`1 tiJCrCnIC''. D2V. CG''p. C :�Ccd t:+is ^`' Cay of enct' e— 197? 1. 1. 4 A:i_CH, CIerk B Deputy Clerk 0. Ballard H 24 4n t I0M, STATE OF CALIFORNIA COUNTY OF Centra Costa } SS. pa Sffiptmltabar 16. 1971 before me, the undersigned,a Notary Public in and for said State, personally appy Jorgen v- yunding known to me to be the Manager wand XNNW of the corporation that executed the witbis Instrument, known to we to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to we that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors tgsnsrlmMwewt OFFICIAL SEAL WITNESS ay and official / GWEN L. WHEAT _ NOTA;Y PUBLIC - CALIFORNIA == COUNTY OF CONTRA COSTA rmiss= My Comion Expires June 16.1974" • � !ril/uRt!!srl7ltlpN Siam —14ZLfk� Name (Typed or Printed) I�w� cAgwm ion• i >a State at CALIFORNIA County ofALAMEDA ss: 3n September 17, 1971 before me, a Notary Public in and for said County and State, residing herein, duly commissioned and sworn, personally appeared L.W. Poulton nown to me to be Attorney-in-Fact of The American Insurance Company -ie corporation described in and that executed the within and foregoing instrument,and known to me to be the person who executed to said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. J WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year sta' d in this certificate ove. OFFiCiAL SEAL q ty Commission Expires �1'^�� PE.'RL K. RHODES ;,i NOTARY �11rLiC • CA_IVU- A ,`3± Notary Public K.Abe" pRtr:Clt'AL OFFICE IN 360212-6-" ALA...,'trA CO_am G1Y C't�tnissi^.n E n r ' f"�" ?fl 1975 SUBrE ISION AGREEMENT EXTENSION FILED Oentra Costa Subdivision Number 3653 i77/ Wi, TbPMINCM Name Discovery Bay ft* 1* Amwsft, ti, Yr�r' couNry (Original) 'Wi Agreement ?Lte August 27, 1968 SuretY Name The American Insurance Company Bond No. SC 6161566 Amount $260,000 Date August 20, 1971 Extension Now Termination gate December 15,1971 This Subdivider and his Suretv desire that this subdivision agreement be extended through the above date; and Contra Costa County and the Sure-�v hereby agree theretc and acknowledge same. Dated- August 20, 1971 F DiscoveBa & Bixla T) • rg V. Lunding Su arr airman, Boarcl o Sup -s , Surety �i ATIESl: W. 1. :A::.C?. County nerk and ex offtc=o "l-rk of Shp Board T ' /� O' r.•� Deputy T*-�0-'-,ZD: S /,ND ai�Bi_"S SIGNAZtJR TO BE NATARI?2rJ) .�_. uP-1� (Rev. 7-1')0' i 's r IN TIM BOARD OR SUPERVISORS Or CONTRA COSTA COUNTY, STATE Or CALIFORNIA In the Matter of Approving July 6, 1971 Issuance of Building Permits, Discovery bay, Byron Area (Tracts 3653, 4076 and 4077) . Mr. Richard Rockwell, Attorney representing Veronica Development Corporation, appeared before the Board to protest in connection with the development of Phase 1, Discovery Bay (Subdivisions Nos . 3653 1:076 and 4077) Byron area, the refusal of the County Building inspector to issue building permits to purchasers of lots in said subdivisions until the County Health Officer and the Engineer ex officio of Contra Costa County Sanitation District 19 are satisfied that an acceptable com- munity sewage disposal system is available; and Mr. Rockwell stated that the problem is one of inter- pretation of County Ordinance Code Section 4648, that he disagreed with the interpretation by county staff, and he requested that the code be amended to provide for the granting of a conditional per- mit if a cormunity sewage disposal system approved by the County Health Officer is under construction, and properly bonded to assure completion prior to occupancy of any structure; and r ollowing discussion of the matter Supervisor W. N. Boggess moved that the request be denied; the motion was seconded by Supervisor J. P. Kenny; and Thereupon Supervisor A. M. Dias made an amen&mert to the motion, to refer the matter to the County Health Officer, Public Works Director, and County Counsel for review with a rep- resentative of Veronica Development Corporation and report to the Board on July 13, 1971; the motion as amended was seconded by Supervisor J. E. Moriarty, the vote was called and the motion failed by the following vote: AYES: Supervisors A. M. Dias, J. E. Moriarty. NOES: Supervisors W. N. Boggess, J. P. Kenny. ABSENT: Supervisor E. A. Linscheid. Supervisor Dias thereupon made a second amendment to the motion, to refer the matter to the County Government Operations Committee (Supervisors Dias and Boggess), which corti-nittee would review same with the aforesaid parties and report to the Board later in the day; the motion was seconded by Supervisor Moriarty and passed by the following vote: AYES: Supervisors A. M. Dias, J. E. Moriarty, W. N. Boggess, J.. P. Kenny. NOES: None. ABSENT: Supervisor E. A. Linscheid. Supervisor Dias reported that the members of the County Government Operations Committee were unable to reach an agreement on a recommendation; and the Board again conducted a hearing on tho mattar with those concerned; and . lne Cbunty Counsel advised the Board it had three options: 1. Consider the matter as an appeal from an administrative decision; 2. Rescind the ordinance; or 3. Amend the ordinance; and It having been determined to consider the matter as an administrative appeal from the decision of the County Health Officer and County Building Inspector; On motion of Supervisor J. E. Moriarty, seconded by Supervisor A. M. Dias, IT IS BY Th^ BOARD ORDERED that the appeal is GRANTED, and building permits on the aforesaid subdivisions are AUTHORIZED to be issued upon request and compliance with all other requirements . No occupancy of any structure shall be allowed until the sewer treatma nt facility is completed and has been accepted by Contra Costa County Sanitation District No. 19. Such limitation shall be noted on each building permit issued. The foregoing order was passed by the following vote of the Board: AXES: Supervisors A. M. Dias, J. E. Moriarty, J. P. Kenny. NOMS: Supervisor W. N. Boggess. ABSENT: Supervisor E. A. Linscheid. I HEREBY CERTIFY that the foregoing .is a true and correct copy of an order entered on the minutes of said Board of Super- visors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 6th day of July, 1971. W. T. PAASCH, CLERK By �LyL"'..e ryL Miriam A. Scott, Deputy Clark cc: Attornoy Richard Rockwell Veronica Devolopmont Corporation.. County Administrator County Counsel County Planning Director (2) County Public Worl-c-s Director (2) Sewage, Waste and Water County Health Officer County Building Inspector In the Board of Supervisors of Contra Costa County, State of California Setitember L 19'3Q In the Matter of Approval of Subdivision Agreement Extension for Subdivision 3653, Byron Area. On motion of Supervisor A. N. Dias, seconded by Supervisor J. P. Kenny, IT IS BY' THE BOARD ORDERED that the Subdivision Agreement -EXtension for Subdivision 3653, Byron Area, between Discovery Bay Corporation/Bixland, subdivider, The American Insurance Company, bondsman, and the County of Contra Costa for an additional period to and including August 27, 1971 is APPROVED. IT IS FURTHER ORDERED that Supervisor Thomas John Coll, Chairman of the Board, is AUTHORIZED to execute said Subdivision Agreement Extension on behalf of the county. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, E. A. Linscheid, T. J. Coll. NOES: None, ABSETT: None. I hereby certify that the foregoing is a true and correct copy of an order enNred on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of tho Board of Supervisors affixed :his 1st day of September , 19 70 c c: Public Works (2) W. T. PAASCH, Clerk Planning Subdivider BY Deputy Clerk Anne M. McSorley H 24 12/69- 10M OFFICIAL SISAL State of i' ROBERT B. WOODWARD .�rni z ss: .� T. U?LSC C kt;FtiR:ua County of Alameda 4LAt,'DA. COUNTY f:prec Jas:.S.1873 +; � � rS"'i On August 20, 1970 before me, a Notary Pubichand nd for said County and State, residing therein, duly commissioned and sworn, personally appeared )Iprgaret J. Dnraa known to me to be Attorney-in-Fact of THE AMERICAN INSURANCE ComPANY the corporation described in and that executed the within and foregoing instrument,and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my sand and affixed my official seal, the day and year stated in this certificate above. May Commission Expires Jan.9,1973 My Commission Expires FUERT B. DWARD Notary Public Robert 8. Woodward i 360212--&66 _ d -STATE OF CALIFORNIA ss On On thisaO4day of `,'� 9.c in the COUNTY OF ALAMEDA year one thousand nine hundred and I 04fe , before me, Pearl K. Rhodes, a Notary Llicftate of California, duly commissioned and sworn,, personally appeared known to me to be the , of the corporation descri ed in and that executed the within instrument, and also known to me to be the person who executed the within a PEARL K. RHODES instrument on behalf of the corporation therein named, and acknawl- NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFNCE IN edged to me that such corporation executed the same. ALAWDA COUNTY IN WITNESS WHEREOF I have hereunto set my hand and affixed My Commission Expires lune 20, 1971 my official seal in the County of Alameda the day and year in this cM* first above tten. (Notarial Acknowledgment - Corporation) 5oo PTMA/1 o-68 Pearl K. Rh6des 3 SUBETVISION AGREEMENT EXTENSION Contra Costa Subdivision Number 3553 Name Weldwood f Discovery Bay (Ori gi nal) Agreement Date August 27, 1958 SuretyName The American Insurance Company Bond No. SC 5151555 Amount 8 250,000. IF 1 L !ED Date August 20, 1958.Extension �70 T. 4pAASCH CLERK BOARD OF SUPERVISORS New Termination Date August 27, 1971NT��r c u Tv Dy Deputy lais Subdivider and his Suretv desire that this subdivision agreement be extended through the above date; and Contra Costa County and the Suretv hereby agree thereto and acknowledge same. Discovery Hay Corporation/sixland 1130 Sacramento Street Dated; J �Qf�17 San Francisco, Ca 94108 f� ' M.t='1'°A ^GsiA ^cc';i3Y V # rg . un Ing %.Sublivider Chairman. Board f Supervisors THE AMERICAN INSURANCE C0MPANY Surety ATIES1; W. i. :A. .C'J* County '.'lerk and ex offs c` o '"tbrk of the Board Ati-� t �, Dura :_:v 1 .. • Z41c-� . Deputy AM, S*".RE-71 S SIGNATQRES TO BE NOZARI7.ED) t uP-1-- (Rev. 7-1')0` In the Board of Supervisors of Contra Costa County State of California AS EX OFFICIO TIE County, OF DIRECTORS OF CONTRA COSTA COUNTY SANITATION DISTRICT NO. 19 j September 1019. 69 3 i i In the Matter of ynnroval of 'Extension of r-reement for Sewage and Mater Services, Subdivi- sion 3653, Byron Area. 4 The Board on August 27, 1968 having approved an agree- ment between Contra Costa County Sanitation District No. 19 and the Bixland Corporation, developers of Subdivision 3653, Byron area, which agreement provides terms and conditions under which the water , and sewerage service facilities proposed for the District to serve said subdivision trill be constructed, maintained and operated; On motion of Supervisor T. J. Coll, seconded by Super- visor A. M. Dias, IT IS BY TFM- BOARD ORDERED that an Agreement t Extension for an additional period to and including August 20, 1970 is APPROVED. IT IS BY THE BOARD FURTHER ORDERED that Supervisor J. E. 1.4oriP»ty, Chairman, is AUTHORIZED to execution said extension_ in behalf of the county. i The foregoing order was ?gassed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, 1 T. J. Coll, E. A. Linscheid, J. E. 1,briarty. l NOES: None. ABSENT: None. - t 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc• Witness my hand and the Seal of the Board of • Public %orks (2) Supervisors Bis land Corn. affixed :his 10th day of September, 19 69 Plarnin W. T. PAASCH, Clerk Health Dept. De'uty Cle Auditor r'K Yildred 0. Ballard a / j '` G'✓ Lac Lir- - �L� I c . G.,�.,_t�j H 24-5/69-IOM In the Board of Supervisors of Contra Costa County, State of California August 19 69 In the Matter of Approval of Subdivision Agreement Extension for Subdivision 3653, Brentwood Area. On motion of Supervisor A. M. Dias, seconded by Supervisor J. P. Kenny, IT IS BY THE BOARD ORDERED that the Subdivision Agree- ment Extension for Subdivision 3653, Brentwood area, between Bixland Corporation, Subdivider, The American Insurance Company, bondsman, and the County of Contra Costa for an additional period to and including August 20, 1970 is APPROVED. IT IS FURTHER ORDERED that Supervisor J. E. Moriarty, Chairman of the Board, is AUTHORIZED to execute said Subdivision Agreement Extension on behalf of the county. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, T. J. Coll, E. A. Linscheid, J. E. Moriarty. NOES: None. ABSENT: None. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the w*m* s of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Public Works (2) Supervisors Subdivider affixed this 19th dew of August , 19 .69 Planning W. j. PAA H, Cleric Deputy Cleric Marion R. Stubbee 14 24.5/69-IOM Anh of Gmallin Caniu a of ....S�OLILx3..,�..�a........w. _AcrrowsEncw�[tr--c a.ro�-. ' ON Ais....6th-.......day of...........August..........................A. D. 19.F,9L. before me, Ga-1-e .C.A—Keny_on................................a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn,personally ap- GALE C. KENYON Peared.................Jo.xgxl..v.,...L11L�a. x?J.... .. .. ..............._..............._._..........__..... XXXXXXXXX i „.�{' `'• NOTARY PUBLICX X X X X X X X X X X X X........................................................_............................................._......................._-........................ CONTKA COSTA CJvNTY' .._.........__........__..............-._............................. .............. ................--------- ..._._............ .._........... MY cpffiNdUi.n E.Otrog).n,ts.,ora .:�:i known to me to be the person whose name.........Ls...................subscribed to the F. ==:- = within Instrument, and acknowledged to me that he executed the same. ;Vu j5ffime Whrere4 1 have hereunto set my hand and affixed my official seal the day and year in this Certificate f1r&P above wr' r .............. �_ . ......... ..l . ...... Notary Public in and for said County State of Califatn o My co..isdan Espkea.... ._...................................._.........._......_..... Form GA—Sam Hopkins Legal Forme Printing Service, 23328 Fruitvale Ave., Oak1cmd. Calif. f t? 1731 SUBDIVISION AGRE :iENT EXTENSION Contra Costa Subdivision Number 3653 Name •Weldwood (Oricrinal) , Agreement Date: Augnst 20, 1906 Surety Name The American Insurance Company Bo r d No. #sC6161566 Amount $260,000 Date August 20, 1968 Extension New Termination Date: August 10, 1970 This Subdivider and his Surety desire that this subdi- vision agreement be extended through the above date; and Contra Costa County and the Surety hereby agree thereto and acknowledge same. L T. PAASCH GLfiRK 60RR0 GF SUPERVISORS CONTRA T Deputy ey`1�Z••h Dated; AUG 1 5 1969 p Cal F Discov r Bay Bixland CONTRA COSTA COUNTY or n V. Lunding Subdi ider By airman, as d upervisors THE AMERICAN INSURANCE COMPANY —..._.%)Art y kTTEST: W.T. PAASCH, County Clerk 159G4 8: ex officio Clerk of the Board Mary McIntosh Attor y-in-Fact ByI• �12 , Deputy HP-16(Rev. 6-67) (Subdivision Mgreement Extension) State of Cc�s:`�;nia County of Atameda ss: On JULY 21, 1969 before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Mary F. McIntosh known to me to be Attorney-in-Fact ofTHE RT:Eic!. `= I.IS' ^n .i:CE 03%',?;-'%y the corporation described in and that executed the within and foregoing instrument,and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed xy official seal, the day and year stated in this cert.,:=e 96R.44 �� = cre_ AAAW&% 77 1"""SEAL My Commission Expi , �^R T l rgare Public liciAlY •iA . RM } AL M.ir-DA COUNTY 360212-6-66 : My Ccmrissi.c Egirns ldcy 15.1973 Y i"`�'VSl1�ti`r`L`."Li.1"LSTx'i.S`■�:�■�■"r' Ij - 1 In the Board of Supervisors -_... of Contra Costa County, State of California April• 24 In the Molter of ; Exoneration of Tax Bonds on Tracts P'os. 36539 3715, 3764 and 3777. The Office of the County Tax Collector (Redemption Depart- ment) having advised that county taxes for the fiscal year 1968-1969 on properties included in Tracts Nos. 3653, 3715, 3764 and 3777 have been paid in full, and said office having requested that the tax bonds filed with this office guaranteeing payment of the 1968-1969 tax liens on each of the said tracts be exonerated as follows: Tract No. 3653, Byron area - _Tax Bond No. Sri 6161567 in the amount of $10,000 issued by The American Insur- Ance Company, with Bixland Corporation and Plywood Corporation as principal; Tract Vo, 3715, Danville area - Tax Bond No. 223 64 47 in the amount of $3,300 issued by Great American Insur- ance Company, with Frank Bolla, Melba Bolla, Paul Bolla and Shirley Bolla as principal; Tract No. 37649 City of Antioch - Tax Bond No. SC 6161441 in the amount of $6,500 issued by Fireman's Fund Insurance Company, with Garrow & Vetrano,• Inc, as principal; and Tract No, 3777, City of Concord - Tax Bond. No. B-553844 in the amount of $1,150 issued by United Pacific Insur- ance Company, with Key Development Co. as principal; NOW, THERZ?ORE, on motion of Supervisor A. M. Dias, seconded -by Supervisor J. P. Kenny, IT IS BY THE BOARD ORDO- M that the bonds as set forth above be and the same are hereby EXONERATED. The foregoing order was passed by the following vote: AYES: Supervisors J. P. Kenny, A. X. Dias, T. J. Coll, E. A. Linscheid, J. E. Moriarty. NOES: None. A33EhT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the mkww of said Board of Supervisors on the date aforesaid. cc: Tax Collector Witness my hand and the Seal of the Board of Redemption Department Supervisors Bonding Companies affixed this `h day of April_ . 1965, W. T. PAASCH, Clerk By - Deputy Gerk Dorothy zzarini M 24-71W WM In the Board of Supervisors of Contra Costa County, State of California September 10 . 1916 8 M the#Netter of Authorizing Public Works Director to apply for an Encroachment Per- - sit from the State re new inter- section, State Route 4, Subdivision 36539 Byron Area. On notion of Supervisor T. J. Coll, seconded by Super- v1sor B. A. Linscheld, IT IS BY THE BOAHD ORDBEW that the Publlo Works Director is AUTHORIZED to apply for an encroachment pesisit from the State of California, Division of Highways, for the new Intersection to be created on State Route 4 as a part of Subdivi- sion 36539 Discovery Bay, Byron area. the Board:The foregoing order was passed by the following vote of AXIS Supervisors James P. Henry. James B. Xoriartyp Thomas John Coll, Zdaund A. L1nseheid, Alfred N. Dias. FOSS: hone. A$S1KT: None. 1 hereby certify that the foregoing is a true and aorred copy of on order enwo-d on the n4nules of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of act Public Works (3) Supervisors Administrator - affixed this 10th day of l2jWber. 196 8 W. T. PMSCH, Clerk ay � . Deputy Cleric .-mss ia, Ni3dred 0. Ballard IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 3653, ft"n Area. j RESOLUTION NO. 68/600 WHEREAS a map entitled Tract ';6q`, property located in the 12ne am having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the ourrent 1967-1968 tax lieu has been paid in ful1, and estivate of the 1968-1969 tae 1102, iuilch beaave tt lien on the first of Raro i, 19058 is $109000; and Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4. Title 8, of the County Ordinance Code; Surety boada issued by The American Znsuranoe Company with Bixland Corporation and U, S. Mynood Corporation as principa?, can follows: No. sC 6161566 in the amewt of $2609000 for Faithfsl Performa2e0, and $2609000 for Labor and Materials; smd Carb Deposit (Auditor•■ Heeelpt No. 67861 dated Asst 139 1968) in the amount of $500; and Subdivision Tax Bond (No. SM 6161567) Issued by The Awrleam Insureme ConpW 1n the amount of 1,101p000 guaran- teeln 1968.1969 estimated tan amd L1*t1ug Fee of $809.40; mad Inspeetien Fee of $13,000= and Subdivision agreement between Elkland Conwratlome 43 village Court, Avenida de Ori a, OrIndas Callfefftlaq subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete road and street improvements, etc., in said subdivision within one year from the date of said agreement; (Auat�O, 1459) RESOLUTION NO. 68/600 Form X23 WHEREAS the District Attorney having advised the Board that the proposed dedication certificates pertaining to slope control and elevation control areas, together with approved covenants and restrictions, assure the County of a means of &coca- plishing any possible levee or slope repair work without expense to the general county taxpayers; and WHEREAS the Public Works Committee (Supervisors J. P. Kenny and E. A. Linscheid) having reported pursuant to order of the Board dated August 20, 1968 that the normal drainage ease- ment dedication need not be required; NOW,, TaE;UORE, BE IT RESOLVED that said bonds and deposits and the amounts thereof be and the sane are hereby APPROVED. BE IT FURMER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board Is AUTHORIZED to execute said agreement. BE IT FURTIE R RESOTTED that said map be and the s"e is hereby APPROVED and this Board does not accept or rejeat on behalf of the public any of the streaia, roads, avenues, or easements shown thereon as dedicated to public use. PASSE AIS ADOPTED this 27th Say of August, 1968 by the following vote of the Board: AYES: Supervisors James P. Kenny, James E. Moriarty, Thomas John Coll, Edmund A. Linscheid, Alfred M. Dias. TIOES: Node. ABSMT: hone. GER.TIFIED COPY oe: Public Works t3) 1 certify that this is a Rill, true & correct copy at Highway Planning the ori;in-M document which is on file in my offtce, Subdivider and that it was :)rssed F- adopted by the Board of Sa;�ery=ar_; of Contr.- costa 'County, California, on the tlat4. sl:o::c+. ATTEST: %V. T. PAASCH, county clerk&e::-officio clerk of said Board of Supervisors, 5y deputy" clerk. on HBSOLOTION No. 68/600 In the Board of Supervisors of Contra Costa County, State of California AS EX-OFFICIO GOVERNING BOARD OF CONTRA COSTA COUNTY SANITATION DISTRICT NO. 19 August 27 b dw Mow of Approval of Agreement to Provide Sewage and Water Services in Subdivision 3653, Byron Area. The Public Works Director, as ex-officio 'Engineer of the Contra Costa County Sanitation District No. 19, having presented to this Board for approval an agreement between the District and the Bixland Corporation, developers of Subdivision 3653 located in the Byron area, which agreement provides for construction of a domestic water supply system, a sanitary sewer collection system and a sewage treatment plant to serve said subdivision; and The Board having determined that said agreement complies with the policy provisions for sewage and potable water services adopted by the Board on January 23, 1968 in connection with its approval of the request of Weldwood Structures to rezone land in the subject area; NOW, THEREFORE, on motion of Supervisor E. A. Linscheid, seconded by Shpervisor J. E. Moriarty, IT IS BY THE BOARD ORDERED that the aforesaid agreement is APPROVED and the Chairman of the Board is AUTHORIZED to execute same. The foregoing order was passed by the following vote of the Board: AYES: Supervisors James P. Kenny, James R. Moriarty, Thomas John Coll, Edmund A. Linscheid, Alfred M. Dias. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct Copy of on ordw w*wed on*a whwNs of said Ina d of Supervisors on the dote aforesaid Witness my hand and the Seal of the hoard of cc: Public Works (2) Supervisors Bixland.,Corporation affixed this __27thdoy of August . 196 8 Administrator Wy T. FAASCK Ck& PlanniAg Health Dept. BYD"" Ck& m4-vG&'a+ Auditor 4*eeerl Noer— jer Ailz /� / 77 �Y-Yi' tia•-*'moi -')L��.r 'itt`i3: !- G -lJi�c°�'f::..' .- I ,n PUBLIC WORKS DEPARTMENT VICTOR SAVER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMM ISSIONER•SURVEYOR GTH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. HROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR August 27, 1968 Subdivision 3653 j RECEIVED AUG 2 7 1968 Honorable Board of Supervisors W. -1 P A A S C H Administration Building L.ERKCONT O OF SUPERVISORS Martinez, California is Gentlemen: There is submitted for your approval the map of Subdivision 3653 in Super- visorial District V in the Byron area. Accompanying this map and pertaining thereto are the following documentss I. Subdivision Agreement. Expiration date of one year time limit for completion is August 20, 1969. 2. A Surety Bond in the amount of $260,000 and a $500 cash despoit (Auditor's Receipt No. 67861 dated August 13, 1968) which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond in the amount of $260,000. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1968-69 tax, which became a lien on the first Monday of March, 1968 is estimated to be :10,000. 5. Tax Bond in the amount of $10,000 guaranteeing payment of estimated 1968-69 tax. The map is submitted for filing by the Subdivider under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAU R Public Work Dir for By ` V CITne Assistant Public Works Director Highway Planning TELssc Enclosures ccs Planning Department Construction Division a SUBDIVISION AGREEMENT (§1) Subdivision: No. 3653 (B. & P. Code §§ZZ61Z-12) (§1) Subdivider: Bixland Corporation 1 Effective Date :August 20 , 1968 (Contra Costa County (§1) Completion Period: one year Standard Form; 8-67) (§4) Deposits : A. (cash) 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ 260 000.00 2. (labor,materials) 260,000.00 Z. Parties & Date. Effective on the above date, the .County of Contra Costa, California, hereinafter called "County", and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs , fire hydrants , and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security : De osit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus . & Profs . Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . B. Bonds , etc. : (l - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier' s check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors , and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section 2; and if, at any time before the County' s resolution of completion for the subdivision, the improvement plan proves to be inadequate in any respect, Subdivi- der shall make changes necessary to accomplish the work as promised. �7 /9GP 6. No Waiver by County. Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers, agents and employees; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 8. Costs. Subdivider shall pay when due all the costs of the work, including inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. 10. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. Z2. Record Map. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances. -2- COUNTY6F C tA SUBDIVIDER: (see note ber(low) By x c G� Co V� 0 4y t�tavt Cha , BoardSup isors By c r.�tG �,a Wit. ATTEST: W. T. PAASCH, County Clerk ( eig ate official capac "ty & ex officio Clerk of the Board i the business) Jorgen V. Lunding By ��.ii� �,c�� Note to Subdivider: (Z) Execute Deputy acknowledgment form below; and (2) If a corporation, attack a certified copy of (a) the by- FORM APPROVED: JOHN A. NEJEDLY laws or (b) the resolution of District Attor y the Board of Directors, authori- zing execution of this contract By and of the bonds required hereby. Deputy State of California ) ss. (Acknowledgment by Corporation, County of Contra Costa ) Partnership or Individual) On August 15, 1968 , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument , and ac- knowledged to me that he executed it and that the corporation or partner- ship named above executed it . • f.9rr'e r. 1�•.��Garrisle : W Flub!ia Margie F. McGar gle ♦ �... ♦ G c,;. Costa County � • 'r: / Mate of California • i+oaao++ooa+o++••••+•♦•• Notary Public for said County and ,Qtate (Subdiv. Agrmt. CCC Std. Form) (HP-9; Rev. 8-67; 200) _3_ L' EXTRACT OF THE MINUTES OF. A MEETING OF THE BOARD OF DIRECTORS OF BIXLAND CORPORATION HELD PURSUANT TO WAIVER OF NOTICE AT THE HOUR OF 10:00 A.M. IN THE FORENOON ON WEDNESDAY, JULY 10, 1968, AT THE OFFICES OF THE CORPORATION Upon motion made and duly seconded, the following Resolution was unanimously adoped by the Board: RESOLVED that Jorgen V. Lunding be, and he hereby is authorized and empowered to prepare, submit and execute the final Map and Subdivision Agreement for Tracts 1-9r-3653 and 3635 to the Board of Super- visor of Contra Costa County, supplying to said Board all data necessary for their approval of said Map and Agreement; and It is further resolved that he be, and he hereby is, authorized and empowered to take such further and additional steps as may be necessary and proper to effect the recordation of said final Maps covering certain of the real property of this Corporation. I hereby certify that the foregoing extract is a true and correct copy of an extract of the minutes of the special meeting of the Board of Directors of Bixland Corporation held at the day and hour and at the place above noted, and I further certify that at said meeting a duly consti- tuted quorum of said Board was at all times in attendance and acting and that said meeting was called pursuant to signed Waiver of Notice executed by all members of the Board. Dated: July 10, 1968 Secretary BIXLAND CORPORATION' ' SrAiE OF CAUFORt" SS. County of Contra Costa On this 15th day of Au9u8t in the year One Thousand Nine Hundred and SiXty—Eight before me, Margie F. McGarriglle , Notary Public in and for the_ —County of Contra Costa ., State of California residing therein, duly commissioned and sworn, personally appeared Jorclen V. Lundin9 .•oeeeeeee• known to me to be the— Manager _ •eesoeeooce--^wgruarrigte s �; ) of the corporation described in and that executed the within instrument,and also known to me ,1''��1 C Public e +a Costa County 4' to be the person—who execated it on behalf of the corporation therein named,and---he- 0 nd _heo ^ >V State of California • acknowledged to me that such corporation executed the same. asoesocAeaodooee+eeeeear IN WITNESS WHEREOF,1 have hereunto set my hand and affixed my Official Seal,at my 1 office in the County of Contra COstathe d year in this certificate first above written. FURRER'S-(ACRNOWLEOrENENT CORPORATION) Notary Public in and for the county of Contra Co Bute of California BOND NO. SC- 6161566 • EXECUTED .IN, TRIPLICATE POULTON 8� ORR INSURANCE BROKERS 4009 WEBSTER ST. OAKLAND, CALIF. 94609 652-6101 IMPROVEMENT SECURITY BOND (Faithful Performance & Maintenance, AND Labor & MateriaZ8) (CaZif. Bus. & Prof. Code §ZZ6Z2; Contra Costa County Standard Form) Z. OBLIGATION. BIXLAND CORPORATION, a California corporation, and U.S. PLYWOOD (PrincipalkORPORATION . a New' York co oration,:*a 301nt venturess Principal, and (Pure y 7 THE AMERICAN INSURANCE COMPANY a corporation organized and existing under the laws of the State of NEW JERSEY and authorized to transact surety business in California, as Surety, ere y jointly and severally bind ourselves, our heirs , executors , administrators, successors and assigns to the County of Contra Costa, California, to pay it : (A - Faithful Performance, & Maintenance) TWO HUNDRED SIXTY THOUSAND AND NO/100* * * * * * * * Dollars ($ 260 000.00 ) for itself or any City-assignee under the below-cited subdivision contract, plus / (B - Labor & Materials) TWO HUNDRED SIXTY THOUSAND AND NO/100* * * * * * * * Dollars ($ 260,000.00 ) for the benefit of persons protected under Cal. Bus. &Prof.Code §11612. 2. RECITALS. The Principal contracted with the County on AUGUST 20, 1968 to install and pay for street, drainage, and other improvements in Subdivi- sion No. 3653 , as per map now being filed with the County's Recorder, and to complete said work within one year from said date, all in accordance with State and local laws , rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on AUGUST 20 , 1968 PRINCIPAL SURETY BIXLAND CORPORAN, and U.S. PLYWOOD RATION. TIventure THE AME I URANCE C014PANY By �:� � By Jo en . Lunding .-zA- r. ou ton, Attorney-in-Fact State of California ) ss. County of Alameda ) (ACKNOWLEDGMENT BY SURETY) On August 20 , 1968 , the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorneys )-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corpor ion as Sure y and his/their own name(s) as its Attorney(s)-in-Fact. Pearl s otary Public Notary Publi d County and State ' (Imp. Sec.Bond, 000 Std.Form) (HP-ZS;Rev. 8-67; 200) PEARL - . R.cCl;fl 7 171 � A j IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) C ab Tract ) RESOLUTION NO. 3653, Byron area ) WHEREAS a map entitled Tract 3653 , property located in the , having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4, Title 8, of the County Ordinance Code; Subdivision agreement between subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete road and street improvements, etc., in said subdivision within year from the date of said agreement; RESOLUTION NO. Form #23 EMMETT HITCHCOCK r w LORRAINE K. ►LANZ COUNTY TR[ASUR[R.TA[ COLLECTOR PRINCIPAL CLERK 7 TAX COLLECTOR'S OFFICE PHONE 286.7000 "' 383-396.307 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES Oi TAXES INSTALLMENT/IKST IN DUE AND PAYABLE MARTINEZ. CALIFORNIA DELILMENT ON THE FIRST DAY OF NOVEMBER HQUENT ON THE TENT" DAY OF APRIL SECOND INSTALLMENT OF TAXES V��. / 6Q SECOND INSTALLMENT OF TAKES DUE AND PAYABLE spy 2Y) 1968 D[LILLMENT ON TN6 FIRST DAY 0/FEBRUARY r ON THE TENTH DAY Or 06CE0111164 This will certify that I have examined the sap of the proposed subdivision entitled: Tract No. 3653 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1967-68 tax lien has been paid in full. Our estimate of the r 7Q_ tax lien, which became a lien on the first Monday of Harch, 1968 is 6-10,000,00, DUE= HITCHCOCK Redemption Officer 1 By: ' eput t dl STATE OF CALIFORNIA, ...}ss. On this._._2D±b__day of_-___.AlIgli&t- in the year one thousand nine hundred and. -S i Xty eight'—_before nuc,-__Feaarl.-.K. ) h OdP. , a Votary Public,.State of California,duly commissioned and scorn,personally appeared PEARL K. RHODES: NOTARY F3LiC-CnLIFCAN1A WALCiia, kno-zo n to fire to be the .�1'SII.dger_--._------------------ »`-rr ALAA;cCA COUNTY of the corporation described in and that executed the within instrument, and also known to the to be he person---who executed the within instrument on behalf of the corporation therein named, and My Commission Expires June 20, 1971 acknowledged to the that such corporation executed the sante IN IVIT ESS Ii"HEREOF 1 have hereunto set my hand and affixed my seal in the _._ --County Of-- Alameda —.--.+---.-.-___.the day and year in Mis certificate first above written? 7 ~Pearl K. a +Notary Public,State of Caiifomia. Cowdery's Form No.28—(Acknowledgment—Corporation). (C.C.Secs.1190-1190.1) (Printed L30.66)61-0417 My Commission Expires I pOULTON & ORR ' INSURANCE BROKERS FIREMAN'S FUND INSURANCE COMPANY 4009 WEBSTER ST. FIREMAN 1 S THE AMERICAN INSURANCE COMPANY OAKLAND, CALIF. 94609 Bond No._.,51_''i� 61567 NATIONAL SURETY CORPORATION 652-6101 FUND ASSOCIATED IN.E-N1TY CORPORATION AMERICANAMERICAN AUTOMOBILE INSURANCE COMPANY I N S U R A NC E C O DI PA N I E S NOME OFFICE SAN FRANCISCO.CALIFORNIA SUBDIVISION TAX BOND KNOW ALL MEN BY THESE PRESENTS: That we, BIXLAND CORPORATION, a California corporation, and U.S. PLYWOOD CORPORATION, a New York corporation, a joint venture, as Principal, and THE AMERICAN INSURANCE COMPANY, a New Jersey cor- poration authorized to execute bonds in the State of California, as Surety, are held and firmly bound unto the COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, as Obligee, in the penal sum of TEN THOUSAND AND NO/100 DOLLARS i$10 ,000.00) lawful money of the United States of America, to be paid to the County of Contra Costa, State of California, for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, THAT WHEREAS, the Principal is about to file a map entitled "TRACT 3653 DISCOVERY BAY, UNIT 1, CONTRA COSTA COUNTY, CALIFORNIA," and WHEREAS, there are no liens against the subdivision or any part thereof for unpaid taxes to State, County, Municipality or local taxes or special assessments collected as taxes, except taxes or special assessments not yet payable. NOW THEREFORE, if the said Principal shall pay on or before De- cember 10, 1968 all taxes and assessments which are now a lien against said tract or any part thereof, but not yet payable at the time of filing of the map of said tract, then this obliga- tion is to be void and of no effect; otherwise to remain in full force and effect. Signed, sealed and dated this 20th day of August, 1968. BIXLAND CORPORATION, nd U.S. PLYWO D CORPORATION, a joint venture By r n Lun ing THE TrNSURANCE COMPANY By ou to-, Attorney-in-Fact 360045-12-66 1-4 State of uL,`MI County of AU►MEMA ss: On AUguSt 20 , 1968 before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared R. R. Poulton known to me to be Attorney-in-Fact of THE AMERICAN INSURANCE COMPANY 'the corporation described in and that executed the within and foregoing instrument,and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS ffixed my offi 'al I, the day and ear stated in this certificate above. PEARL K. RHODES NOTARY PUBLIC-CALUORNtA My Commissio �� .• ALAMEDA COUNTY powl K otary Public 360212 My Commission Expires lune 20, 1971 w In the Board of Supervisors of Contra Costa County, State of California August 20 196&_ In the Matter of Designation of an easement within 'Tract 3653, Byron area. Attorney Richard Rockwell having appeared in behalf of the Bixland Corporation, developers of Tract 3653 in the Byron area, to advise that prior to the filing of the final map of said tract designation of an easement thereon must be clarified; and Mr. Rockwell having explained that the developer has taken exception to the Contra Costa County Flood Control and Water Conservation District requirement that a 14 foot easement, referred to on the proposed final map as a recla- mation district elevation control easement, be widened to 21 feet, designated a drainage easement and offered for dedication to the County of Co&tra Costa; and Mr. C. C. Rich, Chief Engineer of the Contra Costa County Flood Control and hater Conservation District, having stated that in the opinion of the District a drainage ease- ment is necessary for proper maintenance purposes; Good cause appearing therefor, on motion of Super- visor T. J. Coll, seconded by -Supervisor J. P. Kenny, IT IS BY THE BOARD ORDERED that the matter is REFERRED to its Public Works Committee (Supervisors Kenny and E. A. Linscheid) for further study and report to the Board on August 27, 1968. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, J. E. Moriarty, T. J. Coll, E. A. Linscheid, A. M. Dias . NOES: None. ABSENT: None. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. c c: Committee Witness my hand and the Seal of the Board of Mr. Rockwell Superv;sors Flood Control - 2 affixed :his__2_Qtday of Alen a . , 196,E Administrator W. T. PAASCH, Clerk District Attorney - 2 By , ;Vy � Deputy Clerk H24-3/68-IOM Lourette M. Bonner BIXLAND CORPORATlt3N•43 VILLAGE COURT-XVENIODE ORINDA-ORINDA, CALIF.94563.4151254-1900 VPD Z) 1568 / Z CLER OA FS S I UPERV $ (,,Vx-e- _7 cc,, t {4t,�� f {.Lf By A COSTA 4- L11 t �� c.�. �t c�+�v� �cti,j � i�L. GG!?�• �-� —��'� 004 L c--j.Co la.e- �'-G � r � G ��-,.mo=t. �r2z Gc•�z t - - r c u cC c• -- CL ��L{..7 �-t �{,. L k-C..-•`- �'�-�.- G{'r'�t �, L�.i`-�'G'''l„ �!, �C G- tt'trL. t"tA r Please Return To: . -• n Clerk of the Board 1-4 3 !40 R CORDED AT REQUEST OF .Administration Buil ding 5 Martinez. = p�C •9 OEC-9197 Af or O'CLOC M.g COPA COSTA COU 'P,ECOfJS PITac I. R, Ot.CS41V "� CL 11"Tyal .� IN THE BOARD OF SUPERVISORS 0/ / /, ACONTRA OF cm COSTA COUNTY, STATE OF CALIFORNIA CJ In the Matter of Declaring ) St. Teresa Court Subdivision ) 3654, anville Area) as a ) RESOLUTION N0. 75/909 County Road. ) WHEREAS this Board having heretofore entered into an agreement with Greenbrook Land Company, developer of Subdivision 3654, Danville area, under the terms of which the developer was permitted to use St. Teresa Court (a publicly dedicated but unaccepted street) as a model homes area, with the understanding that said street would not be accepted as a County road until it had been constructed to County standards; and WHEREAS the Public Works Director having notified this Board that the required improvements have been satisfactorily completed; NOW, THEREFORE, BE IT RESOLVED that, for the purpose of establishing a terminal period for filing of liens, the improvements to St. Teresa Court are accepted as complete and the $500 deposited as surety (Deposit Permit Detail No. 75880 dated August 6, 1969) shall be retained for one year pursuant to the requirements of Section 94-4.406 of the Ordinance Code. BE IT FURTKER RESOLVED that St. Teresa Court (32/50/0.08) as shown and dedicated for public use on the map of Subdivision 3654 filed June 15, 1967 in Book 116 of maps at Page 1 , Official Records of Contra Costa County, State of California, is declared to .be a County road of Contra Costa County. PASSED AND ADOPTED by the Board on November 12, 1975• .Ilk 9 CERIftR D COPY I certify that this is a full. true & cornet copy or the original docurtent which is on file In ray office. and that it was passed P adopted by the ]Doard of 9uperrisors of Con:ra Costa Counts-, California. on the date shown. ATTEST: J. Tz. oL.SSO'%'. County Clerk&es-offiefo Clerk of said Board o:Supervisors. by Deputy Clerk. 14011 12 1975 cc: Developer (via P.W. ) Constancy Davis Public Works Director Director of Planning County Auditor-Controller Recorder RESOLUTION NO. 75/909 END I* DOCUMENT In the Board of Supervisors of Contra Costa County, State of California September 18 19 7 In Ow Matter of Approval of Road Acceptance Agreement Extension, St. Teresa Court, Subdivision 3654, Danville Area. The Board on July 7, 1970 having accepted as complete construction of improvements in Subdivision 3654, Danville area, and having accepted the streets in said subdivision, with the exception of St. Teresa Court (which was being used as a display street for model homes) and which was covered by a separate agreement; and The Board on July 18, 1972 having APPROVED a Road Acceptance Agreement extension for St. Teresa Court to and including August 12, 1973; and The Board having this day considered an additional extension of time to and including August 12, 1974; NOW, THEREFORE, on motion of Supervisor E. A. Linscheid, seconded by Supervisor J. P. Kenny, IT IS BY THE BOARD ORDERED that the Road Acceptance Agreement Extension for St. Teresa Court is APPROVED and Supervisor J. E. Moriarty, Vice Chairman, is AUTHORIZED to execute same on behalf of the County. The foregoing order was passed by the following vote: AYES: Supervisors J. P. Fenny, ;t. N. Boggess, E. A. Linscheid, J. E. Moriarty. NOES: None. ABSENT: Supervisor A. M. Dias. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Public Yorks Witness my hand and the Seal of the Board of Planning Supervisors Auditor affixed this 18th day ofSeptember� 19 Greenbrook Land Co. W. T. PAASCH, Clerk By c ` Deputy Clerk Helen C. Marshall H 24 5/73-15M KAY BUILDING COMPANY a P. O. Box 1556 880 HINCKLEY ROAD AUG 2 41973 BURLINGAME. CALIFORNIA 94010 (415) 692-3555 WOWS 09AWKV August 10, 1973 71-6014 Mr. Paul E. Kilkenny Assistant Public Works Director Highway Planning Public Works Department Contra Costa County 6th Floor-Administration Building Martinez, California 94553 Re: HP-Subdivision 3654 Greenbrook-St. Teresa Court Road Acceptance Agreement dated August 12, 1969 Dear Mr. Kilkenny: We again appreciate your cooperation in assisting us with an extension of the above-referenced subdivision agreement. Enclosed is Form HP-16 fully executed pursuant to the instructions contained in your letter of August 2, 1973. Very truly yours, , • / G. Scott Phillips Vice President-Forward Planning Kay Building Company, successor by merger with Greenbrook Land Company GSP:sh - STATE OF California 8S.: COUNTY OF Los Angelis On this.. ..........10......... day_._......._.---_-..August ---- ------------ ----------__................ 19.....73., before me personally came • ...._...._.._.................................._---._...._.....__...._......_..._........Janet...Souter• ....._.. ..._._._.....-_.._....___ -.................. ............... to me known to be an Attorney-in-Fact of SEABOARD SURETY COMPANY,the corporation described in the within ituAm .,Ap ,, QyY,� at he executed the within instrument as the act of • the said SEABQ RET3bQQAFAXXLin actordance with authority duly conferred upon him by said Company. _ BARBARA BLUMER NOTA'tY PUBLIC-CALIFORNIA mss/: PRINCIPAL OFFICE IN 1 � LOS ANGELES COUNTY My Commission Expires October 14, 3?d C c. __. _ _._...__._..,�.......... . Form 242 Notary Public. STATE OF CALIFORNIA. San Mateo u' County of . On Air 10 &y of August in the year one thourond nine Au/dred and seventy-three hefore me, Margaret A. Smith a Notary Public, State of California, duly conanissiowd ani sworn, personally appeared G. Scott Phillips _ known to me to be the Vice President of the corporatio,o described in and that executed the within instrurunt,and also known to me to be the person___._-who executed the within instrument on behalf of the corporation therein named,and•acknowledged to me that.such corporation executed the sane. IN WITNESS WHEREOF I have hereunto set my hand and affixed my o5cial seal •nuuupuula/fffffll/piilCIAL"AL uuuu6 in I Colflsty of San Mateo _....—_._...the day and C s MARGARET A. SMITH year in this certificate first above written. a _s NOTARY • NIA Z .��. COUNTYTY OF OF SAN MATE MA7E0 MI temmissizA a IN$ SOL 19, tli5 �. ■IUpUpOIIpIUIU/I/BO7/Ui[/![I7/lllfUgtUff/Ur i � _—------- Notary Public,State of California. My Commission�/Expi*r< Sept. 19,�1975 Ge��+e Ferm Ne.Z6—I(Adotenleip�t Cep adeu). (C G am HNI -11N.0 (PRINTED 6/15/671 71-0770 SUBETIISION AGREEMENT EXTENSION Contra Costa Subdivision Number Subdivision 3654 Name St. Teresa Court (Model. Area) Greenbrook Road Acceptance Agreement, Danville (Original) Agreement Date August 12, 1969 Surety! Name Seaboard Surety Company Bond No. 724529 Amount $9800.00 Date August 12, 1969 Extension New "termination Date August 12, 1974 1 This Subdivider and his Suretv desire that this subdivision agreement be extended through the above date; and Contra Costa Ooanty and the Surety hereby agree theretc and a6knowledge same. Dated: August 10 , 1973 - _ G,L Sc tt Phillips-Vice P sident:l m5T l�'A t;ciS'iA ^.Ct':i1i //KAY BUILDING COMPANY successor-in- ` interest to GreenbrookSaWidder t Land Company • EABOARD SURE COMPANY airman. Board Supervisors ` J gf Souter, Attorney-in-Fact SWRY r A'1'ISS1-: W. 1. .A,°.C''. Cocnty Clerk and ex offs c' o -1-rk of :.he board l r FORM APPROVED • .rsy / �� Deputy JOHN B. CLAUSEN, County Counsel By De -—ZX ot A, ELUqKNM S?;?D"�.'ID-R'S /,ZD S'3�i^_"S SIGNAITJRES TO BE NOZARI?ED) uF-lc (Rev. - Q' i In the Board of Supervisors of Contra Costa County, State of California July 18 19 72 In the Matter of Approval of Road Acceptance Agreement Extension, St. Teresa Court, Subdivision 3654, San Ramon Area. The Board on July 7, 1970 having accepted as complete construction of improvements in Subdivision 3654, Danville area, and having accepted the streets in said subdivision, with the exception of St. Teresa Court (which was being used as a display street for model homes) and which was covered by a separate agree- ment; and The Board having considered an extension of time to and including August 12, 1973 to said Road Acceptance Agreement; On the recommendation of the Public Works Director and on motion of Supervisor A. M. Dias, seconded by Supervisor J. P. Kenny, IT IS BY THE BOARD ORDERED that the said Road Acceptance Agreement Extension for St. Teresa Court is APPROVED and Suvervisor Edmund A. Linscheid, Chairman, is AUTHORIZED to execute same. The foregoing order was passed by the following vote: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Public Yorks (2) Witness my hand and the Seal of the Board of Planning Supervisors Auditor affixed this 13th day of July r19 72 Greenbrook Land Co. W. T. PAASCH, Clerk r r . By �t.-e 4--1 � "jA.4& G L( Deputy Clerk Helen C. Marshall W74 11/71 tOM u? is STATE OF CALIFORNIA. County of San Mateo j On thisw° f June Margaret A. Smi�thadiuns hundred and even ty-tbefore nv. Marg a Notary Public, State of California, #dy cornnissionmr emd sworn personally appeared Dennis O'Brien knouw to me to be the Vice President ---of the corporation described in and that executed the within instrument•and also kaoalw to me to be the person who executed the within instrument on behalf of the corporation therein named,an&acknowledged to me that srch corporation executed theIN WITNESS WHEREOF I have hereunto set Hwy hand and affixed my official seal � wwNun�uurunu�nuiuuwwuw�uu� in rhe County of San Mateo --...the day and o�tflettu sxt1L ynw in this certificate just above writtem MARGARET A. SMITH a NOTARYPUBLIC OF SAN 61NIA A EO Mt CASH u0n Soot It 1175 w�anN Notary Publir_State of California. 0mi •Fwn Na.Z0—(wiewMi@nw Owed-). My w Expire - _. -.----. ( a,119"1M.1) (PRINTED 6/13/67) 71.0770 w STATE OF California t ss.. COUNTY OF Los Angelis On this..............28..._........---.day- - ._June .................--...... »19»..72, before me personally came Barbara Blumer __..._................................»..._...._..............-......_.............._.__....................._.._ _.. -. _.._......_._.._ _..._...._.....»..._...._.... _..._._._......... to me known to be an Attorney-in-Fact of SEABOARD SURETY COMPANY,the corporation described in the within instrument, and he acknowledged that he executed the within instrument as the act of the said rin accordance with authority duly conferred upon him by nFricrnt SEAL said Co a aap' JXNET SO!'ITER �C NOTARY PUS?LIC—CALI.QRWA �''--_ ///,yyy >•RIt:CIPAL -IFF 4CE IY ~` LOS ANGELES COUNTY _... � ..�.. _. .. ».. _.` .�_-_............._ 1:orrn242 My Commission Expires Jan.9, 1973 t; Not�tly Public. SUBIE ISION AGREEMENT EXIENSION Oontra Costa Subdivision Number 3654 Name - Road Acceptance Agreement, (Original) St. Teresa Court, Danville Agreement Date August 12, 1969 Surety Name Seaboard Surety Company Bond No. 724529 Amount $9 ,800.00 Date August 12, 1969 Extension New "termination Date August 12, 1973 This Subdivider and his Suretv desire that this subdivision agreement be extended through the above date; and Contra Costa Oounty and the Surety hereby agree thereto and acknowledge same. IF I LIED W. . PAASCH SUPEavIscas CLM 4F CO NTY O Dep::ty Dated: June 28, 1972 GREENBROOK LAND COMPAANY Dennis O'Brien, Vice Presi er r 7 �� SEABOARD SURETY COMPANY j /i ! Chairman, Board of Supervisors �C, n Barbara Blumer,Attorney-in-Maty. A`1'fEST: W. 1. .-AP-5-CH, Corntc raerk and ex offic_o f:19rk of the Board �qJ ' rlLed (J. GL�Q�(�r Deputy ,� ,a r t ��.��• St. ,,SUZD13 5 AW STT S SIGNATURES TO BE NOTARt?ED) i FP-16 (Rev. 7-50' KAUVAL",[", AND ]BROAD ING July 9, 1970 X71-282 LCLERKBOARD �� r .� AASCH COTPERVISORS Deputy Mr. Lee S. Krieger 300 Montgomery Street San Francisco, California I ! u� Dear Ar. Krieger, Re: Bond No. 526935 Enclosed herewii:a a copy of Resolution No. 70passed is by the Contra Costa County Board of Supervisors concerning + tract 13654 iii Oree.abrooY. Tease cancel the bonds, $143,000 and $142,500, since the Agreement wits the County was signed prior to the adoption of tha one year maintenance clause. Thank you. Very Ve truly ours, Y Y JGRIEENBROOK LAND COL-IPAI4Y Inge Rytter, Secretary to ,P/,7 Robert W.. Fish President Encl. / r The Clerk, Board or Supervisors SaD HINCKLEY ROAD BURLINGAME.CALIFORNIA 91010 AREA CODE(415)692.3555 ti i Cc { July 9, 1970 71-232 LE: 40 �vr -- 1 AASCH 0 OF 0TFBRVISORS - Deputy Mr. Lee S. rieger 300 Alontaomery Sttraet San Francisco, California Dear iir. Krieger, Re: Bond No. 526435 Laclosed- herewit i a copy of Resolution �No. 70 gassed by the Contra Costa County Loard of Supervisors concerning tract Ir3654 in Creeabrook. P16ase cancel the "Wonu,j $143,000 and ;'?142,500, since tue Agreemeznt wit3i ie County was signed prior to the —... adoption of t is one year izaintenance clause. hauk you. f Very truly yours, i JREENS1100K IJUND COMPANY - ter, Inge R to b Yt Secretary�' Robert W. FisA President 1,V1&I"Oli Encl. /ir 1c i;�e i:ler Board of Supervisors AREA CODE 1415)693-3555 no III`CKLEY ROAD BUY.I.I\GAM .ck]_IFORNIA 9'010 1 1 III THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain roads as County roads, ) RESOLUTION NO. 70/401 Subdivision 365P4, San Ramon Area. ) WHEREAS the Public Works Director having notified this Board of the completion of improvements in the subdivision here- inafter listed as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map of Subdivision 3654, San Ramon area; NTOW, TP-BEFORE, BE IT RFSOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement : Subdivision Date of Agreement 3654, San Ramon area June 13, 1967 (United Pacific Insurance Company - Bond No. 526435) And the Public Forks Director is AUTH-ORI?ED to refund to Greenbrook Land Company, 580 Hinkley Road, Burlingame, California 94010, the $500 cash deposit as surety under the Subdivision Agreement, as evidenced by Auditor's Receipt No. 58871 dated June 9, 1967. BE IT FURTHER RESOLVED that the hereinafter described roads having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be County roads of Contra Costa County: ST. PATRICKS COURT (32/50/0.10) MUSTANG COURT (32/50/0.08) ST. PATRICKS DRIVE (36/56/0.11) ST.MAURICE COURT (32/50/0.08) ST. CHARLES COURT (32/50/0.09) BROOKSIDE DRIVE (40/60/0.07) ST. JEA2t COURT (32/50/0.o8) HARDFSTM R COURT (32/50/0-06) MUSTANG DRIVE (36/56/0,23) CAMINO ROAD WIDENING as shown and dedicated for public use on the map of Subdivision 3654 filed June 15, 1967 in Book 116 of gaps at Page 1, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 7th day of July, 1970, by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, T. J. Coll. NOES: None. ABSENT: Supervisor E. A. Linseheid. CERTIPIBD COPY I .sell, flag fA;. a f��', fru. �a,".cf cojP7 01(A. all7lrt O' c:OM ir:! sTlirn i• cn �V. I Olj:c t, ant flat it wa.cory<a (V ha A, i-,--i o� cc : Recorder `F. n.or. o/ (.onlr,a lea n!ri l-oun rs•. .;.rn r.x, Cn 11. Public Works (2) dat..h0o- 97*Ti 3 W. Subdivider ..;C Board ar RESOLUTION NO. 70/401 70 In the Board of Supervisors of Contra Costa County, State of California August 12 196.CL- In the Matter of Approving Road Acceptance Agreement, St. Teresa Court, Subdivision 3654, San Ramon Area. WHEREAS the Public Works Director has advised that Greenbrook Land Company, 880 Hinckley Road, Burlingame, California, the subdivider of Subdivision 3654, San Ramon area, has requested to use a publicly dedicated but unaccepted street, St. Teresa Court, as a Model Homes Area; and W EREAS said subdivider (as a condition of use of Teresa Court) has executed a road acceptance agreement, accompanied by bonds and a $500 cash deposit, which guarantees improvement of St. Teresa Court to County standards when the model homes are sold or within three years; NOW, THEREFORE, on the recommendation of the Public Works Director and on motion of Supervisor E. A. Linscheid, seconded by Supervisor A. M. Dias, IT IS BY THE BOARD ORDERED that said agreement 1s APPROVED and Super- visor J. E. Moriarty, Chairman, is AUTHORIZED to execute same an behalf of the County. The foregoing order was passed by the following vote of the Board: AYES: Supervisors James P. Kenny, Alfred M. Dias, Edmund A. Linscheid, James E. Moriarty. NOES: None. ABSENT: Supervisor Thomas John Coll . I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Public Works (2) Supervisors Greenbrook Land Company affixed this 12th day of August . 19 69 W. T. PAASCK Clerk Deputy Clerk Mildred 0. Ballard H24-5/69-IOM k IFILED ROAD ACCEPTANCE AGREEMENT SUBDIVISION 3654 - MODEL AREA (St. Teresa Court) ti T, PAASCH ttFVN 'CbWf) CF SUFERYISORS � �LAti1'ttA�¢gT}�TY ..J 1. Parties and Purposes. The County of Contra Costa, a political subdivision of the State of California, hereinafter called "County", and Greenbrook Land Company, hereinafter called "Developer", mutually promise and agree as follows: 2. Road Acceptance. County will not accept St. Teresa Court, as shown and dedicated for public use on the map of Subdivision 3654, filed September 5, 1967, in Book 5446 of Maps at page 98, as a County road until one year after the date of this agreement, or such time thereafter that said street is constructed to County standards, subject to the approval of the Construction Division, Public Works Department. 3. Maintenance and Guarantee. For period prior to the acceptance of St. Teresa Court as a County road, Developer shall maintain St. Teresa Court, including plantings, as a model home area, and shall remove said plantings pursuant to Section 8461 of the County Ordinance Code, and shall construct St. Teresa Court in accordance with County standards, and the Improvement Plans for Subdivision 3654, prepared by Riffe, Shipherd and Jones, Inc. dated June, 1967, reviewed by County; and Developer shall give a $9,800.00 Surety Bond to the County securing its performance of this promise to the County. If Developer fails to construct St. Teresa Court prior to the selling of property and homes on St. Teresa Court or within three years of the date of this agreement fails to construct St. Teresa Court, the County may use all or any part of the $9,800.00 bond to construct St. Teresa Court as stated above. 4. Hold Harmless. The County shall not in any way be answerable or suffer loss, damage, expenses or liability for any loss or damage that may happen during Developer's operations on or near St. Teresa Court or any part thereof, or in or about the same M. during the period before acceptance; and Developer assumes all liabilities of every kind or nature arising from St. Teresa Court prior to said acceptance, either by accident, negligence or any cause whatever, and holds the County harmless therefrom. Dated: A a!j - 12 � 1969 Greenbrook Land Company, a California- Corporation ert W. Fish Vic -Pse,�id4 COUNTY OF CONTRA COSTA �irman, Board of S ervisors ATTEST: W.T. PAASCH County Clerk and ex-officio Clerk of the Board of Supervisors Deputy APPROVED AS TO FORM: JOHN B. CLAUSEN Acting District Attorney By: e Deputy State of California ) ss. Acknowledgement by Corporation, County of Santa Clara ) Partnership or Individual On August 1 ?. ,1969 , before me, a Notary Public of this State, personally appeared Robert W. Fish known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executdd it and that the corporation or partnership named above executed it. j IAL SEAL MM h1. ROHLEEN /,BLIC-CALIFORNIA Notary Public: June 23, 1972LARA COUNTYn Expires June 23.1972 1540 Crespi Drive,San lose,Calif.95129 -STATE OF CALIFORNTA ' COWNTY OF Alameda On this I 'L�y day of AU61 %A ,in the year1969 , before me, F. Johnston , a notary Public in and for said Alameda County and .State, ' duly commissioned and sworn, personally appeared Robert-W. Fish ,kno.,!n to me to be Vice President ,of the corporation that executed the within instrument, and tin0':i1 to Rte to be the Derson --- —tizo--execute• the within instrument on behalf of said corporation therein named, and ac::no-.le-_!be3 .to me that such corporation executed the same, pursuant, to its by- or a resolution of its Board of Directors. - IN :•II'TNESS I have hereunto set my hand and of f i ;ped my of i—T al seal, in the said Alameda County Of ,the a. y; �` ,• �T�, day and year in �zis cerci-z tate firs acot'e r:ritt-- __ Jot?ry Public ant or the County of Alameda , State of California. F. JOHNSTON • My Commission Expires April 28, lyi0 EXECUTED IN TRIPLICATE. L. & M. BOND' Public Work—California 724529 Government Code BOND NO. SEABOARD SURETY CO.NIPAI Y HOME OFFICE, NEVI' YORK CITY. N.Y. PI'CMIUm inC!Lded in Charge bcrd LABOR AND 1IATERIALS (Public Work — California) KNOW ALL MEN BY THESE PRESENTS: That we, GREENBROOK LAND COMPANY as Principal, and the SEABOARD SURETY COMPANY, a corporation duly organized and doing business under and by virtue of thelawsof the State of New York, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or un- dertakings required or authorized by the laws of the said State, as Surety, are held and firmly bound unto any and all material- men, persons, companies or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contracted to be executed or performed under the contract hereinafter mentioned, and all persons, companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said work to be done, and all persons who perform work or labor upon the same, and all persons who supply both work and materials, and whose claim has not been paid by the contractor, company or corporation, in the just and full sum of NINE THOUSAND EIGHT HUNDRED AND NO/100THS -------------------------- 9,800.00 DOLLARS (S ), for the payment whereof well and truly to be made, said PRINCIPAL, and SURETY bind themselves, their heirs, administra- tors, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT, WHEREAS, the above bounden PRINCIPAL has etlkered -a e6101800,-d"k-d- W deae ps isrwrlh*4&Howingwe�ie�te+wit— entered into or is about to enter into an Agreement entitled Road Acceptance Agreement, Subdivision 3654 - Model Area (St. Teresa Court) with the County of Contra Costa, a copy of which Agreement is or may be attached hereto, and is hereby referred to and made a part hereof, and WHEREAS, said Agreement requires that the Principal shall give a $9,800.00 Surety Bond to the Obligee securing the Principal's performance of the Agreement, and whereas, the County of Contra Costa has also required a $9,800.00 Labor and Materials Bond in connection with said Agreement and the work which shall be performed pursuant thereto. NOW, THEREFORE, if the above bounden PRINCIPAL, contractor, person, company or corporation, or his or its sub- contractor, fails to pay for any materials, provisions, provender, or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, including any amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or labor, the SURETY on this bond will pay the same in an amount not exceeding the sum specified in this bond, and also in case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the court as costs in said suit and to be included in the judgment therein rendered. PROVIDED, HOWEVER, that the obligation of the SURETY hereunder shall only inure to the benefit of those persons entitled to file claims under the provisions of Section 1184e(now Section 1192.1)of the Code of Civil Procedure and Chapter 3 of Division 5, Title 1 of the Government Code of the State of California, and shall give a right of action to said persons or to their assigns in any suit that shall be brought upon this bond. SIGNED AND SEALED this / Zf� day of August A.D., 1969 a Cali ora on F-iS�l 'ce President SEABOARD SURETY COMPANY B Y TIlmas B. inneran, Attorney-in-Fact 315 Montgomery Street San Francisco, California 94104 FORM 401 - e e r-p9go ae NO +� .gam � aJ ep Q►:: Sa::O4,�tiY`0r°e a eat Sa°eta : f -'' .�sc�ri ,4 . S'S4` ��•�. �'�,,,:- ;:��e9" ,�eGp1� F°��,,X1,0 vo +t� i P`- i 4 1 STATE OF CALIFORNIA C0 MN,_'Y OF Alameda On this 11 day of A Kj S ' ,in the yearl949 , before me, F. Johnston , a Notary Fublic in and for sal-T Alameda County and "State, ' duly commissioned ani s-.-.,o-nn, personally appeared Robert W. Fish ,known to me to be Vice President of the corporation that executed the within instrument, and r.no-:n to me to be the person v%ho execute: the -.ithin instrument on behalf of said corporation therein named, and ac:no::le;lged to me that such corporation executed the same, pursuant to its by- lairs or a resolution of its Board of Directors. IN WITNESS :•1�-t`E?=0F I have hereunto set my nand and affixed my of'ficia? seal, in the sai • Alameda County of ,the i9t:tartatattattt:tettta;cttttai:t,::taattauattt:ttx:tttal_Z day ana y ear .in zais certificate F. ?OHtiSTON first above ::ri tte: Notary St:te-of Cei:fornia $ettttltitt/t:itlitaSt:eJlft.a t tl It ell to 3:7it I7a17iltitt"A. , Notary _Publ f or One County or Alameda State of CaT fo:'nia. F. JOHNSTON My Commission Expires April 28, 1970 r Certified Copy SEABOARD SURE-rY CO:•/l'Ai"Y No. 5048 H0m,1E 01F5r5C>E 90 N ILLI,&m STREET,NEW YORK. N.Y.10038 Power of Attarnlei; 1W11i all Ant by I#eBr 11mieni13: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint ';hzmas B. Finner�_- --------------------------------------------------------- of ------------------------------------------------------- of its tnie and lawful 'Attorney-tn-fact, to make, execute and deliver, on its behalf as Surety, bonds, under- takings and other obligatory instruments of similar nature as follows: Without Lire tations. Such bonds, undertakings and obligatory instruments for said purposes, when duly executed by the afore- said Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if such bonds, undertakings and obligatory instruments were signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, and are still in full force and effect: ARTICLE VI, Paragraph 6.7: "Attorneys-in-Fact may be appointed by the President or a Vice-President upon such terms and with such powers and duties as he may prescribe." ARTICLE XI, Paragraph 11.1: "All policies, bonds, recognizances, stipulations and all underwriting undertakings shall be valid: (a) when signed by the President, or a Vice-President, or a Resident Vice-President, and by a Secretary, or an Assistant Secretary, or a Resident Assistant Secretary or other duly authorized official or agent of the Com- pany; or (b) when executed by an Attorney-in-Fact." fit UfteJ38 11hrrruf. SEABOARD SURETY COMPANY has caused these presents to be signed by its Vice-President, and its corporate seal to be hereunto affixed and duly attested by its Assistant Sec- retary, this ..day of , 19 Attest: SEABOARD SURETY COMPANY, By (Seal) C R^�_ve i-. S. Ws::regi Assistant Secretary Vice-President STATE OF NEW YORK COUNTY OF NEW YORK ss.: On this "= day of`......_._— <'''-?•'-"' , 19 _ before me personally appeared is S= :•ia :=z' _ ......... _ Vice-President of SEABOARD SURETY COMPANY, with whom-I am personally acquainted, who, being by me duly sworn, said that he resides in the State of_.._.. 1�'-t---- �., .._____._.; that he is Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing instrument;that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto as Vice-President of said Company by like authority. L ' ' .ail--fl 4-110F(Seal) 1.1 an _ .. State c: t.ew Y: Notary Public STATE OF NEW YORK .1::. -'I-:'-:-_�• C;:a.:; -jam ,r V�e�-ts C•.u.-►ty COUNTY OF NEWYORK � Ss.: Cat'... ^1: ic�LiC C:?11..`z r Commission Expires 1•larc_^. 30, 1969 Berteisen .._...._._.__..........__..._._. .�..____�._.__._..._._.._........................Asst. Secretary o SEABOARD SURETY COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a power of attorney executed by said SEABOARD SURETY COMPANY, which is still in full force and effect. in Blanc" M11runt. I have signed this certificate at New York, New York, this day of ........._........ .._....... ....._ —, 19 ,e-.f 0 �,, Z, os� 4%' Assistant Secretary .1927 ►om 141 Itew.1958 �h'of Ilt� EXECUTED IN TRIPLICATE BOND NO. 724529 Premium: $98.00 SEABOARD SURETY CONIPA\Y HOME OFFICE, NEW YORK CITY. N.Y. SURETY BOND - ROAD ACCEPTANCE AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That we, GREENBROOK LAND COMPANY (hereinafter called Principal), as Principal, and SEABOARD SURETY COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of New York, and duly licensed for the pur- pose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California (hereinafter called Surety), as Surety, are held and firmly bound unto THE COUNTY OF CONTRA COSTA, OF THE STATE OF CALIFORNIA (hereinafter called Obligee in the just and full sum of NINE THOUSAND THREE HUNDRED AND NO/100THS — — — — — -- — — — Dollars($ 9,300.00 ) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and our and each of our successors and assigns, jointly and sev- erally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT, WHEREAS, GREENBROOK LAND COMPANY has entered into or is about to enter into an Agreement entitled Road Acceptance Agreement, Subdivision-3654 - Model Area (St. Teresa Court) with the Said Obligee, a copy of which Agreement is or may be attached hereto, and is hereby referred to and made a part hereof, and AREAS, said Agreement requires that the Principal shall give a $9,800.00 Surety Bond to the Obligee securing the Principal's Performance of the Agreaaatt, and whereas, the Principal has posted $500.00 in cash as part of the bond security. NOW, THEREFORE, if the above bounden Principal shall well and truly perform and abide by the terms and conditions of the said Agreement, then this obligation to be null and void; otherwise to remain in full force and effect. No right of action shall accrue under this bond to or for the use of any person other than the said Obligee. SIGNED, Sealed and dated this I -L day of August, 1969. G ROOK LAND Calif. Corporat BY: FINE, is rest en SEABOARD SURETY COMPANY BY: omas B. Finneran, Attorney-in-Fact 315 Montgomery Street San Francisco, California 94104 FORM 413 e L. STATE OF s.;aliforn�U ss.. City.and COUNTY OF San Francis fi ._._............_19L_9., before me personally came On this_........_f.z..._..............day_.._......_..............4.!X44..5..__............._....._. . _..._..._.._............................ ....__.._..._..... __._._.. ___.._... _...._ _..._...._..._ ................_..._..._................_........... to me known to be an Attorney-in-Fact of SEABOARD SURETY COMPANY,the corporation described in the within instrument, and he acknowledged that he executed the within instrument as the act of the said SEABD SURETY-COMP$L4Y_,,in accordance with authority duly conferred upon him by said Company. Form 241 Notary Public. STATE OF CALIFORNIA COU�i TY OF Al ameda On this /2 day of Aagusi ,in the yearl969 , before re, F. Johnston a Notary Public in and for sa a Alameda County and 'State, duly commissioned and s:.-.,o-nn, personally appeared Robert'W. Fish ,kno..n to me to be Vice President ,of the corporation thaw executed the. within instrument, and -no!...n to me to be the per son who executed the within instrument on behalf of said corporation therein naLm d, and ac'1[noc•:le1_-oe3 , to rhe that such corporation executed the same, pursuant to its by- laws or a resolution of its Board o" Directors. IN WITNESS "I E',R- I have hereunto ER- set my hand and arfix_d my o"ficia! seal, in the said Alameda County Of ;the ts!lititSftitiEQtitifStil:ii:lSLitIQl7ltlt:[tIISM at MIM day an -ear i:7 x:22 5 c e r t i i?Cat c F. JOHNSTO,IN! first abo�e ::ri t` n. State of Claiforn;a ills tutu111In1tttntett[ttttt[tsttrtn[tatututttu� , •3otar - .1 and for she County Or Alameda � _State of Ca i_orni_. F. JOHNSTON Idly commission Expires April 28,1970 Certified Copy SEABOARD SURETY CO,IYAi'Y No. 5048 HOME OFFICE 90 WILLIAM STREET,NEW YORK.N.Y.10038 11ower of Attomeg 11Wa all Ariz bg 1#tst lirtminds: That SEABOARD SURETY COMPANY, a corporation of the State of New York, has made, constituted and appointed and by these presents does make, constitute and appoint =hcinas B. Finnar :-------------------------------------------------------- of ------------------------•-------------------------------of its irue and lawful 'Attorney-in-Pact, to make, execute and deliver, on its behalf as Surety, bonds, under- takings and other obligatory instruments of similar nature as follows: j•7i*host "s.:: .4 ta>ions. Such bonds, undertakings and obligatory instruments for said purposes, when duly executed by the afore- said Attorney-in-Fact, shall be binding upon the said Company as fully and to the same extent as if such bonds, undertakings and obligatory instruments were signed by the duly authorized officers of the Company and sealed with its corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed. This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Company on December 8th, 1927, and are still in full force and effect: ARTICLE VI, Paragraph 6.7: "Attorneys-in-Fact may be appointed by the President or a Vice-President upon such terms and with such powers and duties as he may prescribe" ARTICLE XI, Paragraph 11.1: "All policies, bonds, recognizances, stipulations and all underwriting undertakings shall be valid: (a) when signed by the President, or a Vice-President, or a Resident Vice-President, and by a Secretary, or an Assistant Secretary, or a Resident Assistant Secretary or other duly authorized official or agent of the Com- pany; or (b) when executed by an Attorney-in-Fact." fit U trlla Shrreat. SEABOARD SURETY COMPANY has caused these presents to be signed by its Vice-President, and its corporate seal to be hereunto affixed and duly attested by its Assistant Sec- retary, this----'- .t ........_day of , 19_;_ Attest: SEABOARD SURETY COMPANY, By (Seal) W. S. wehreli Assistant Secretary Vice-President STATE OF NEW YORK COUNTY OF NEW YORK � ss.: On this = day of_._. �. _ � ''- "`� , 19—al, before me personally appeared S, ..___.___.. Vice-President of SEABOARD SURETY COMPANY, with whom-I am personally acquainted, who, being by me duly sworn, said that he resides in the State of_...._. that he is Vice-President of SEABOARD SURETY COMPANY, the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto as Vice-President of said Company by like authority. (Seal) L• i aid f-1_1 _�� __.._.__. state cf lie+ Y.-- Notary Public STATE OF NEW YORK ) Mo, ;-2'___?C• �;,,,_I. , rltd in Q-.)c^.r.s County COUNTY' OF NEW YORK t ss.: Cec z ;__ia�? In :.era Ycrl: :,'-�.tn41 Commission Expires ilazch 30, 1969 .....Asst. Secretary of SEABOARD SURETY COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a power of attorney executed by said SEABOARD SURETY COMPANY, which is still in full force and effect. itt Blur r" 1311mat. I have signed this certificate at New York, New York, this day of _............_........_....-..._........._._ __, 19 ' Som Assistant Secretary . SU4RE 41.19 2 7 'Ji:: #;t w Yonas 147 Rev.1968 ��OfMt'M In the Board of Supervisors of Contra Costa County, State of California June 24 196 In the Matter of Approval of Subdivision Agreement Extension for Tract 3654, Danville Area. On motion of Supervisor A. M. Dias, seconded by Supervisor J. P. Kenny, IT IS BY THE BOARD ORDERED that the Subdivision Agreement Extension for Tract No. 3654, Danville area, between Greenbrook Land Company, subdivider, United Pacific Insurance Company, bondsman, and the County of Contra Costa for an additional period to and including June 13, 1970, is APPROVED. IT IS BY THE BOARD FURTHER ORDERED that Supervisor J. E. Moriarty, Chair- man, is AUTHORIZED to execute said extension on behalf of the County. The foregoing order was passed by the following vote of the Board: AYES: Supervisors James P. Kenny, Alfred M. Dias, Thomas John Coll, Edmund A. Linscheid, James E . Moriarty. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc•. Public Works (2) Witness my hand and the Seal of the Board of Planning Supervisors Auditor affixed ;his 24th day of June , 196 9 q W. T. PAASCH, Clerk By /1ZcGtli2r Deputy Clerk Mildred 0. Ballard H 24-7/68-IOM t STATE OF C A.LI F ORN7 A COUN"'l'Y OF Alameda On this 11th day of June ,in the yearl9 69, before me, F.Johnston , a notary Public in and for sa Alameda County and -State, duly com-missioned and s;vorn, personally appeared Robert W. Fish ,kno:.n to me to be Vice-President ,ot the corporation that executed the i itn1n instru-ment, and knor:n to me to be the person who executed the :•:ithin instrument on behalf of said corporation therein named, and acknoc•:ledbed to me that such corporation executed the same, pursuant to its by- laws or a resolution of its Boar: o" Directors. IBJ :•'ITNESS I iiave hereunto set my hand and affixed my ot^ilcial seal, in the said Alameda County of ,the •u+ns►n+nus+sssssaus:+sunerssenlusu+u+nua+� day and year in to TE c F r C i f i c a t e F. JOHNSTON _ first above w,ri`te. r 2 \,)tory Puhlia ell :1t.:meda County // Mute of Ca}ifornia �\ - . Q+r+::+i[1rRsll11r017 Moo t:III III r:t ass:tall ts:l+lralH :3otarlT rug„i n an,, County of Alameda , State of :7IZ_or'12.a. F. JOHNSTON MY Commission Expires April 28, 1970 1 SUBDIVISION AGREEMENT EXTENSION Contra Costa Subdivision Number 3654 Name Greenbrook Unit 5 (Original) Agreement Date: June 13, 1967 Surety Name United Pacific Insurance Company Bond No. B526435 Amount $142,500.00 Date June 8, 1967 Extension New Termination Date: June 13; 1970 This Subdivider and his Surety desire that this subdi- :risi-n agree,«ent be extended through the above date; and Contra Costa County and the Surety hereby agree thereto and acknowledge same.. . LEp y Uv T. PAASCH ` C[ERK DDARD CF SU CONTRA COg ,� COUNTY PEATY • � Cw��1�L.G�r Deputy Dated: June 11, 1969 D COMP CONTtRA COSTA COUNTY - IL utid L _ er Pre ent By T��, A rman, 1TJc�� C�' S u j Tv so rc 0. F. Kincaid, Attorn -in-Fa& r' ATTEST: W.T. PAASCH, County Clerk & ex officio Clerk of the Board .. By Deputy S� HP-16(Rev. 6-67) (Subdivision Agreement Extension) State of California City & SCounty of San Francisco ss: On June 11, 1969 19 before me, the undersigned, a Notary Public in and for said County, personally appeared 0. F. Kincaid known to me to be the person whose name is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me thot-he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h is own name as Attorney-in-Fact. III!llltllllitillt!!ti:S:113:iili!!ltilltllllttillil� y. JIJi,= E. MUZZY SAN F RANCISt'O MY COMMISSION EXPIRES OCT. 21, 1972 �IfIIIUltllllltlll111llilllillllillll{l111111111{il[ My Commission expires 19_ Notary Public in and for sai Count B-2004 California - Juror (Attorney-in-Fact Acknowledgment) Rev. 1-65 t In the Board of Supervisors of Contra Costa County, State of California August 13 196 8 In the Matter of Exoneration of Tax Bond on Tract No, 3654, Creenbrook No, 59 Danville Area. The Office of the County Tax Collector having advised that county taxes for the fiscal year 1967-1968 on property included in Tract 365 ., Danville area , have been paid in full, and said office having requested that the tax bond (Bond vo, B-526436) in the amount of $4,600 issued by United Pacific insurance Company, with rrcenbrook Development CoMany, a General Partnership, as principal, be exonerated; ITOW, m;EREFORE , on motion of Supervisor J. E. Moriarty, seconded by Supervisor T. J. Coll, IT IS BY :HIS BDARD ':)i'cDERFD that the tax bond as set forth above be and the same is hereby FX NF RA77D. The foregoing order was passed by the following vote of the Board: A)7r, Supervisors J. P. Kenny, J. E. Moriarty, ^. J. Coll, F. A. Linscheid. ITOF S: None, ABSFNNT: Supervisor A. IT,, Dias, I hereby certify that the foregoing is a true and correct copy of an order emered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Tax Collector Supervisors Redemption Officer affixed this 13th day of august , 196 8 Auditor W. f, PAASCK Clerk United Pacific Ins. Co. Band Department By Deputy Clerk H24-3/68-IOM Anne H. McSorley #1 UNITED PACIFIC :4-='�`"`! INSURANCE GROUP -1' !;AN 111ANCISCO 1114ANC11i 3%1 CA1.11"O14NIA STIIF.f:T • %AN F1IANCISCO. CAI.IFo11N1A 94114 Office of Tax Collector Courthouse, Contra Costa County Martinez, California Dear Sir: RE: SUBDIVISION TAX BOND NO.B-526436 Principal: GREENBROOK DEVELOPMENT Co. This Company is surety on the captioned bond, executed on or about June 7, 1967 in connection with Tract #3654, Greenbrook #5, Contra Costa County We would appreciate it if you would advise us whether or not these taxes have been paid and our bond exonerated. A stamped self-addressed envelope is enclosed for your convenience in replying. Yours very truly, UNITED PACIFIC INSURANCE COMPANY By BOND DEPARTMENT Merri Grime August 7, 1966 The 1967-6g taxes on the property included in Tract 3654 have been paid in ih11. 4De t In the Board of Supervisors of Contra Costa County, State of California June 5 196L In the Matter of Approval of Subdivision Agreement Extension for Tract 36549 Danville Area. On motion of Supervisor E. A. Linseheid0 seconded by Supervisor T. J. Coll, IT IS BY THE BOARD ORDERED that the Sub- division Agreement Extension for Tract No. 36540 Danville area, between Greenbrook Development Company, subdivider, United Pacific Insurance Company, bondsman, and the County of Contra Costa for an additional period to and including June 139 19699 is APPROVED. IT L9 FURTHER ORDERED that Supervisor A. M. Dias, Chair- man of the Board, is AUTHORLED to execute said extension on behalf of the County. The foregoing order vias passed by the following vote of the Boa.rd: AYES: Supervisors James P. Kenny, Thomas John Coll, Edmund A. Linseheid, Alfred M. Dias. NOES: Alone. ABSENTS Supervisor James E. Moriarty. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Public Works (3) Supervisors Planning affixed this 5th day of June . 196 8 W. T. PAASCH, Clerk By 1 � Deputy Clerk H24-3/68-IOM red 0, Ballard ry PUGUC WORKS, 06PAI MOrr J CONTRA COSTA COUNTY , DATE: TO: F. R. Brown, Chief Deputy Public 'Works Director FROM: V. L. Cline, Assistant Public Works Director, Highway Planning p SUBJECT: Item for Agenda for 6 — y`�o SUPERVISORIAL DISTRICT - Item - SUBDIVISION ..7 ¢ - ��Y17!/t ME, Am The Board of Supervisors is requested to approve the Subdivision Agreement Extension for Subdivision and authorize its Chairman to sign on Its behalf. This Subdivisi n Agreement Extension rants an extension of time to and Including �ci rl P /3 . :. (1 copy) VLCsmj HP-8 (7-66) (Partnership Acknowledgment) STATE OF CALIFURNLk ss. WUNTY OF Alameda On this 24th day of May , 1968_, before me, Beatrice A. Bina ---- --------- , a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally appeared Irving Kay, President of Presty:igk Devel pa nr. .n_ , known to ma to be one of the partners of GreenblMok DevelopmantCo- , the partnership that executed the within instrument, and known to me to be the parson who exacuted the within instrument on behalf of said partnership, and acknowledged to me that such partnership executed the same. In Witness Whereof, I have hereunto set my hand and affixed my official seal the day and year in this Certificate first above- written. Notary Public in and for the County of t.; Alameda , State of California r: M, C,).. .... SUBDIVISION AGREEMENT EXTENSION F I LitD �JUN58 Contra Costa w, T. PAASCH Subdivision Number ; 3654 aw swc (N SM"19001 CONTRA h r Name Greenbrook Unit 5 ay oNuty (Original) Agreement Date: June 13, 1967 Surety Name : United pacific Insurance Company Bond No. : B526435 Amount S142,500.00 Date June B, 1967 Extension New Termination Date: June 13, 1969 This Subdivider and his Surety desire that this subdi- vision agreement be extended through the above date; and Contra Costa County and the Surety hereby agree thereto and acknowledge same. Dated: Greenbrook Development Co. , a general partnership CONTRA COSM By: Pr By: D opment Co. , Presiden Subdivider By Cha an, Boar4j2j_Su liefvisors ( - UNITED PA FI :19SURANCE cM4PANYSurety 0. F. Kincaid Attorney-in-Fact ATTEST: W.T. PAASCH, County Clerk & ex officio Clerk of the Board By j&.e� 13,71 —, Deputy - B,DCP-"1y:• HP-16(Rev. 6-67) (Subdivision Agreement Extension) 7 State of California City & ss: County of San Francisco On May 21 1968 before me, the undersigned, a Notary Public in and for said County, personally appeared 0. F. Kincaid known to me to be the person whose name is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that—he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and It iS own name as Attorney-in-Fact, :ti1t111iI:itllli:.• ti�. f%}I�i'.iltiii:!It:i:':.:il1:S:fi A;:O ccu,arr OF SAf1 FRA*NCISCO My Commissicn E;;pines Occ. 19. 1970 = 1 ltliililllitlllilti111111111111I1�i1'arlililli111 � ' f My Commission expires 19_ f'r� /�✓Z /_j/ Notary Public in and for sad County B-2004 California - Jurat (Attomey-in-Foct Acknowledgment) Rev. 1-65 4 V In the Board of Supervisors of Contra Costa County, State of California February 20 196 In the Matter of Authorizing Execution of an Agreement between the Southern Pacific Company and Contra Costa County re Storm Drain Outfall, Subdivision 3054, near San Ramon Agreement between the Southern Pacific Company and Contra Costa County for the installation of a 35-inch reinforced concrete pipe storm drain outfa._1 from Subdivision 3554, under the tracks of Southern Pacific Co can=,' s San. Rawon -Branch Line, into San Ramon Creek, having been -presented to this Board; and The Public ?:orks E-Director ha,.in.^ advised that the entire cost of said installation is to be borne by the developers Greenbrook Development Company; On motion of Supervisor J. E. Moriarty, seconded b;T Super- visor J. P. Kenny, T^ IS BY THE -BOAPD OME=M that said aFreement is APPROVISD and Supervisor A. M . rias, Chairman , is AUT30-BTZED to execute same on behalf of the County. The foregoing order was uassed by the following vote of the Board: AYES: Supervisors J�:mes P. Kenny, James . H:ari: rty, Alfred M. rias. NOES: wore. ARSE\i: Supervisors Thomas John Coll, Edmund A. Linseheid. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of is :c_:_s (Si _ Supervisors 1? d z`"or affixed :his 20th day of 196` W. T. PAASCH, Clerk By �l��/Ce •._�( � Deputy Clerk H24-10/67.sM ; ild red 0. Ballard. mac..- i IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIL In the Matter of Approval ) of Subdivision Map of ) Tract 3654, Danville area. j RESOLUTION NO. 6?Aa4 ) i i+ WHEREAS a map entitled Tract 3654 , property located in theDanville area having been presented to this Board for approval, said map having been certified by the proper officials, j and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1966-1967 tax lien has been paid in full and the estimated 1967-+968 tax lien, which became a lien on the first Monday of March, 1967, is $100; and Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4, Title 8, of the County Ordinance Code; to wit.- Surety it:Surety bond (Bond No. B-526435) issued by United Pacific Insurance Company with Greenbrook Development Co., a General Partnership, as Principal, as follows: Labor and 14aterials in the amount of $143,000 and Faithful Performance in the amount of $142,500, and a $500 cash deposit (Auditor's Permit No. 58871 dated June 9, 1967); and Cash deposits as follows: Lighting fee in the amount of $852 to be credited to County Service Area L-45; Inspection fee in the amount of $4,290; and Tax Bond in the amount of $4,600 (Bond No. B-526436) issued by United Pacific Insurance Company, guaranteeing payment of estimated 1967-1968 tax; Subdivision agreement between Greenbrook Development Co., subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete road and street improvements, etc., in said subdivision within one year from the date of said agreement; ` RESOLUTION N0. 67/414 Form #23 1 NOW, THEREFORE, BE IT RESOLVED, that said bonds and de osits and the amount_ thereof be and the same are hereDy BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreemen=— BE IT FURTHER RESOLVED that said map be and' the same is hereby APPROVED and this Board does not accept on behalf of the public any of the streets, roads, avenues, or easements shown thereon as dedicated to public use. f PASSED AND ADOPTED this 13th day of June , 196.7 * by the following vote of the Board` AYES: Supervisors Alfred M. Dias, James E. Moriarty, Thomas John Coll, Edmund A. Linscheid, NOES: None. ABSENT: Supervisor James P. Kenny. cc: Public Works (3) l;EPt 'IIS IE-L) COPY County Auditor I certify that this is a full, trv-s'C: correct cony of 1 Highway Planning the original do—a-,lcrt :Iiic'; :s rr file in rqp office, Greenbrook Development Co. and that it was r-::ssolr! jt7o•ited U-. the Board of ' � y Supervisors of Contra Costs, County, California, on i y� tae date sho.m. A i 1✓��'i': W. T. P.a 4SCli, county ! clerk S ex-officio cleric of said Board of Supervisors, b�y}�dep�ut�y Jerk. ^ on. RESOLUTION NO. 67" PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR June 13, 1967 Subdivision 3654 F I LED Honorable Board of Supervisors Administration Building JUN 131967 Martinez, California W. T. PAASCH CLERK BOARD F SUPERVISORS Gentlemen: "NTP.&IC A CO NTY By 000:14 There is submitted for your approval the map of Subdivision 3654 in Supervisorial District III in the Danville area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is June 13, 1968. 2. A Surety Bond in the amount of $142,500 (United Pacific Insurance Company, Bond No. B-526435) and a 5500 cash deposit (Auditor's Permit No. 58871 dated June 9, 1967)which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. Alpo 84' 3. Labor and materials Bond in the amount of 5143,000-(United Pacific Insurance Company, Bond No. B-526435). 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1967-68 tax, which became a lien on the first Monday of march, 1967 is estimated to be $4,600. 5. Tax Bond in the amount of $4,600 guaranteeing payment of estimated 1967-68 tax. 6. Lighting fee of $852 has been deposited and is to be credited to County Service Area L-45. The map is submitted for filing by Financial Title Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VLC:mj VICTOR W. AUER cc: Financial Title Co. Publ' or e f or Planning Department Construction Division Assistant Public Works Director, Highway Planning 1 EMMETT HITCHCOCK LORRAINE K. PLANZ COUNTY TREASURER-TAX COLLECTOR PRINCIPAL CLERK TAX COLLECTOR'S OFFICE PHONE 228.3000 EXT. 385-]S.-397 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZCALIFORNIA FIRST INSTALLMENT OF TAXES . DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF NOVEMBER ON THE TENTH DAY OF APRIL SECOND INSTALLMENT OF TAXES June 6, 1967 SECOND INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF DECEMBER This will certify that I have examined the sup of the proposed subdivision entitled: TRACT NO. 3654 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current _12 7 tax lien has been paid in full. Our estivate of the 1967 tax lien, which became a lien on the first Monday of March , 1967. is =_ 4,Qo_. ffiOW" HITCHCOCK Redemption Officer By: Deputj F I L E D dl JUN 131967 tV. T. PAASCH CLCi!( SCARD CF SUPEPV'"V= ONTR s cV ^� I ty STATE OF CALIFORNIA )S S COUNTY OF CONTRA COSTA) y On this 7th day of June , 19 67 , before me a Notary Public in and for said County and State, personally appeared Irving Kay known to me to be the President of Prestwick Development Co. , Inc. , the corporation which executed the within instrument as General Partner of the Partnership named as Principal therein, and known to me to be the person who executed said instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same as General Partner of said Partnership. r16 AL 015M RY PUBLIC Morass a-WAL,c V151a s MIRA C0511A GOWM. CkMOM11� i yl E=piees 23,19167 IMPROVEMENT SECURITY BOND Bond No. B-526435 (Faithful Performance, AND Labor & Materials) (Calif. Bus. & Prof. Code Sec. 11612; Contra Costa County Standard Fora) 1. OBLIGATION. C-gF RQOK T?'F.Vi?7d IRSRR , rQ_ A C_gneral_ PPrtnershi-n_ _ as Principal, and (Surety) IMITED PACIFIC INISTMAN= MIRANY a corporation organized and existing under the laws of the Stato of Washin on and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance) OINIF - F -s Dollars ( 1420500.00 for itself or anyCity-assignee pursuant to the subdivision contract referred to below, plus (B - Labor & Materials) OI`IE HUNDRED FORTY THREE THOUSAND AND NO/100 Dollars (p 143 000.00 ) for the use and benefit of persons entitled thereto under California Business and Professions Code Section 11612. 2. RECITALS. The Principal contracted with the County on June 13, 1967 to install and pay for street improvements, tract drainage, and other improve- ments as required by the County's Ordinance Code and the approved improvement plan of Subdivision No. 3654 as per map now being filed with the County's Recorder, and to complete said work within from said date, in accordance with applicable State laws, County ordinances and rulings thereunder. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent to make such alterations without further notice to or consent by Surety is hereby given; and the Surety hereby waives the provisions of Calif. Civil Code Sec. 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken; and agrees that if County sues on this bond Surety will pay reasonable attor- ney's fees as fixed by the court to be taxed as costs and included in the judgment. SIGNED AND SEALED on June 11- 1967 PRINCIPAL SURETY GREENBROOK DEVELOPIENT CO., TESITEATIMP COMPANY By Pr ev ent Co. Inc. , By a Artner By *G State Atkt9�y*i�F#4 State of California County of ss. (ACKNOWLEDGMENT BY SURETY) • On , the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorneys)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Surety and his/their own name(s) as its Attorneys)-in-Fact. Notary Public o sa d tate �Imp. Sec.Bond,000 Std.Form) HP-15;Rev.8-64;500) ,SUN 131967 %%,. 7. PAASCH Ci SUPERVISORS - CLERK 8OAR0 � 14 TS ti 1 State of California S s: County of Contra Costa On June 13 196before me, the undersigned, a Notary Public in and for said County, personally appeared George H. Krueger known to me to 6e the person whose name is subscribed to the within instrument as Attorney-in-Foct of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that_he subscribed the none of UNITED PACIFIC INSURANCE COMPANY, as Surety, and it 1S own name as Attorney-in-Fact. c........................ ....... OFFICIAL ScAL ...,,,,,., ANN KRUEGER - a :` o NOTARY PUBLIC•CALIFORNIA J % PRINCIPAL OFFICE IN ; CONTRA COSTA COUNTY My Commission expires llj8y 1069 Notary Public in and for said County B-2004 California- Jurat (Attomey-in-Foct Acknowledgment) Rev. 1-65 SUBDIVISION AGREEMM (Bus. & Prof. Code Secs. 11611 & 11612) (Contra Costa County Standard Form) I. Parties and Purpose. The County of Contra Costa, a political subdivision of the State of California, hereinafter called "County", and GREENBROOK DEVELOPMENT COMPANY, A PARTNERSHIP hereinafter called "Subdivider", mutually agree that Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs and fire hydrants, and all improvements as required by the County Ordinance Code, as amended, especially Divi- sion 4 of Title 8 (Sections 8400 and following), and all improvements required in the approved improvement plan of Subdivision 3654 , as per map now being filed with the County's Recorder; and Subdivider shall complete said work within ONE YEAR from date hereof as required by the Subdivision Map Act of the State of California (Business and Professions Code Section 11500 et seq. ) , and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder. II. Costs. Subdivider shall pay when due the costs of all said improvements and work, and of relocating existing utilities when neces- sitated by said work, and of inspecting all such improvements and work. III. Surve_rs. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. IV. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, in accordance with the provisions of Business and Professions Code Sec. 11612, deposit as security with the County: (1) the sum of $500 cash; together with . . . . . . . . . . . . (2) (A - Faithful Performance) additional security for at least the total estimated cost of the improvements and work less .x500, to wi "C" ONE HUNDRED FORTY TWO THOUSAND FIVE HUNDRED Dollars ($ 142 ,500-0C in the form of a cash deposit, a certified or cashier's check, o» an acceptable corporate surety bond guaranteein.� its faithful performance (Subd3.v.Agrmt. ,000 Std.Form) -1- STATE OF CALIFORNIA COUNTY OF CONTRA COSTA) s s On this 7thday of June , 19 67, before me a ]Notary Public in and for said County and State, personally appeared Laurence D. Kay known to me to be the person whose natio is subscribed to the within instrument as General Partner of Greenbrook Development Company, a partnership, named as Subdivider therein, and known to me to be the person who executed said instrument on behalf of said partnership, and acknowledged to ate that such partnersoip executed the same. Vida Ai. 019M � viola sen Notary is 19NOT&MY roISLic C MMA toss► toann. MY CoMliu Espina Dec�e 1l6� �3 I i; t of this agreement, plus (B - Labor & Materials) another such additional security in the full amount of said estimated cost, to wit: ONE HUNDRED FORTY THREE THOUSAND AND NO--------- Dollars ($143,000.00 ) securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labc;-- or materials to them or to the Subdivider for the improvements or work. V. Assignment. If, prior to County's acceptance of these improve- ments, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing it. VI. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances. DATED: _ June 13. 1967 COUNTY OF CONTRA COSTA SUBDIVIDER: (See note below) By ?6LavJA dcdk� GREENBROOK DEVELOPMENT COMPANY, 'Chairman of the Board of Supervisors a pner ATTEST: W. T. PAASCH By a , County Clerk and ex-officio Clerk of the Board of pervisors ) Laurence D. Kay, a general By Deputy partner Note to Subdivider: (1) Execute acknowledgment form below; and �2 if a corporation, attach a certified copy of (a) the by-laws, or b� the resolution of the Board of Directors, authorizing execution of this contract and of the bonds required hereby. State of California (Acknowledgment by Corporation, County of ss ' Partnership or Individual) On the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, ' and acknowledged to me that he executed it and that the corporation or partnership named above executed it. Notary Public for said County and State W bdiv.Agrmt.-9;R 0) E -2- _ FORMAPPRO`r� JOHN NUEDLY, DIST. 1 , JUN 31967 By Deputy: T. pAA n�vlISR s CLERK R01ttb C'F �T t .R7 G A �'''• , STATE OF CALIFORNIA )ss COUNTY OF CONTRA COSTA) On this 7th day of June , 19 67 , before me a Notary Public in and for said County and State, personally appeared Irving Kay known to me to be the President of Prestwick Development Co. , Inc. , the corporation which executed the within instrument as General Partner of the Partnership named as Principal therein, and known to me to be the person who executed said instrument on behalf of said corporation, and acknowledged to me that said corporation executed the same as General Partner of said • _ Partnership. Viola M. Of%* Vd Mata..• wKK V2.0a M. 5 RY PUB[.IC caft"A Costa Comm. w008M My Coa�mlwion Expires December 23,1961 NIP A t TAX BOND KNOW ALL PEN BY THESE PRESENTS o Bond No. B,526436 That we r.RVMTARn0TC i1EVE1.0p TT .n_ A GENERAL P TM'T RSHTP as principal, and TMTn P MPTr TNS TRAXM— MMPARY a corporation, organized and existing under the laws of the State of WAagniaTnx as surety, are held and firmly bound unto the n TNTY nF MWTRA MRTA State of California, in the sum of VQTM Tun MArm RTX TTTTTMPVn Dollars Q�as'4,6nn nn*** ) , lawful money of the United States of America, for the payment of which sum well and truly to be made to said rnTNTY nF roxTRA. rrlcmA , we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SEALED with our seals and dated this -.. ._ day of 'UnrF , 19j1_, The conditions of the above obligation is such that whereas the above bounden principal is about to file a map entitled STjanTVT-,Tnx 3454 which shall be a subdivision of a tract of laud in said CATTUMV.AVNAATMDA rnPTA , and there are certain liens for taxes and special assessment collected as taxes against the tract of land covered by said map. The taxes and special assessments collected as taxes are not as yet due or payable. Now, therefore, if the said principal shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said map at the time of the filing of said map, then this obligation shall be void and of no effects Otherwise it shall remain in full force and effect. PRINCIPAL., SURETY: GREENBROOK DEYEIjOPMENT_ CO. A UNIZO PACIFI SURAHCE COMPANY GENERAL HIP By Pre Dev pment Co. , Inc. B �'�`'d a Rartner George ey .ger, t —in—Fact STATE OF CALIFORNIA COUNTY OF being the Surety named in the foregoing bead, being duly sworn, says: That is a freeholder and resident within said State and is worth more than said sum ofDollars over and above all debts and liabilities, exclusive of pro from execution. JUN 131967 T. P#kAbuH CLERK BCAAO CF SUPERVIS'�" ONTfA C ST Subscribed and sworn to before me this day of A Notary Public for said County and S t;.t:: .—'Stote of California ss: County of Cobtra Costa On <Tune 7_ 19-fJ, before me, the undersigned, a Notary Public in and for said County, personally • appeared— (,f erre 1.. FrueiZer known to me to 6e the person whose name is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that—he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h— c own name os Attorney-in-Foct. ...............w OFFICIAL SEAL F •�" .. ANN KRUEGER NOTARY PUBLIC-CALIFORNIA PWICIPAL OFFICE IN CONTRA COSTA COUNTY My Commission expires 1.Iay 21. ip69 Notary Public in and for said County IZSA B-2001 California -Jurot (Attorney-in-Fact Acknowledgment) Row. 1-65 f 3 i In the Board of Supervisors of 4 f Contra Costa County, State of California September 2 , 19, 69 l In the Matter of Approval of transfer of street 1 lighting deposit for Subdivision 3659 to the City of Clayton. The Board on August 5, 1969 having referred to the Public Works Director and the Auditor-Controller a letter from Mr. M. F. Ohman, Administrator, City of Clayton, requesting that the sum of , $298.20 be forwarded to the City; and . The Public Works Director having reported that the sum of $298.20 had originally been deposited with the County (County Ser- vice Area L-45) by the Castle Construction Company for the purpose of energizing street lights in 'Subdivision 3659 and that the subdi- vision was subsequently annexed to the City of Clayton before its completion and said money was never used by the County for energizing t the street lights in said subdivision; NOW, THIMEFORE, on the reco,.=endat ion of the Public Works j Director and oa motion of Supervisor T. J. Coll, seconded by Super- ' visor E. A. Linscheid, IT IS BY THE BOARD ORDERED that the County Auditor-Controller is AUTHORIZED to pay the sum of $298.20• from the funds of County Service Area L-45 to the City of Clayton. The foregoing order was ':passed by the following vote of the Board: AYES: : Supervisors J. P. Kenny, A. M. Dias, T. J. Coll, E. A. Linscheid, J. E. Moriarty. NOES: None.- ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: City of Clayton Witness my hand and the Seal of the Board of Public Works (2) Supervisors 2n Se tember 69 Auditor affixed this doy of P , 19 ._ Administrator W. T. PAASCH, Clerk Byt��if��_ /i. �CJ� £'rz �, �, Deputy Clerk Mildred 0. Ballard H 244/69-MM In the Board of Supervisors of Contra Costa County, State of California August 5 , 19, 69 In the Matter of Request for transfer of street lighting deposit, Subdivision 3659, to City of Clayton. This Board having received a letter from Mr. M. F. Ohman, Administrator, City of Clayton, advising that Mission Manor (Subdivision 3659) has been annexed to Clayton Lighting District No. 1, and requesting that the sum of $298.20, deposited with the County (Receipt No. G340134) by Castle Construction for maintenance and operation of street lights in said subdivision during the first year, be forwarded to the City of Clayton; On motion of Supervisor J. P. Kenny, seconded by Super- visor T. J. Coll, IT IS BY THE BOARD ORDERED that said matter is REFERRED to the Public Works Director and the County Auditor- Controller. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, T. J. Coll, E. A. Linscheid, -J.- E. Moriarty. WOES: None. ABSENT: None. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: City of Clayton Witness my hand and the Seal of the Board of Public Works Supervisors Auditor affixed .his th day of August , 19 69 Administrator W. T. PAASCH, Clerk By Deputy Clerk Lourette M. Bonner H 24-5/69-i0M =TT-�of TA A. Fwndrd 1S T»�t'brporated i%d M.F.OH"N,City Admiaistratar P.O. Box 268 - CLAYTON,CALIFORNIA 94517 RAYMOND J.OLLILA,Mayor MRS.PEGGY EWI'SG,City Clerk TELEPHONE 689-362-- Countilmrn DIABLO STREET BETWEEN MAIN R CENTER DA.DAVID N.COOK Monday,Vrdarsday,and Friday ROBERT W.HOYER 9M a.M.-I M P.M. H.ALVIN LAMING HENRY J.WAGNER Treasunr WILLIAM E.WALKER July 25, 1969 R EPV JUL ^ 81969 Contra Costa County Board of Supervisors W. T. P A A S C H CX.WAW QF SUPIERVIS M� Administration ;wilding � artinez, California 94553 QwuPr Gentlemen: On July 162 1969 the Clayton City Council passed Resolution a. 7-59 annexing iiission 1•-fanor (Subdivision i:t3. 3659) to Clayton Livhtin- District No. 1. it is our understvndin.- that the Castle Construction Company deposited the sur:: of $293.20 to pad for the cost of maintaining and operating the street lights for the first year. The County issued receipt No. G340134 to Castle Construction Company for this swri. To the best of our kno.fledge, no funds have been disbursed by the County to date for the maintenance and operation of street lights in the Mission 1-2anor Subdivision. Therefore, will you please fonirard a check in the amount of $295.20 to the City of Clayton? Yours very truly, P:. F. OMI-Wi cc City Administrator Mr. Victor Sauer Director of Public .Torics 11r. Steve Jackson N. E. HuUuet, Jr. City .%ttorrey In the Board of Supervisors of Contra Costa County, State of California July 30 , 1968 In the Matter of Exoneration of Tax Bond on Tract No. 3659, Clayton Area. The Office of the County Tax Collector (Redemption Department) having advised that county taxes for the fiscal year 1967-1968 on property included in Tract No. 3659, Clayton area, have been paid in full, and said office having requested that the tax bond filed with this office guaranteeing payment of the 1967-1968 tax lien on said tract be exonerated as follows: Tax Bond No. SC 6160385 in the amount of $2,000 issued by Fireman's Fund Insurance Company, with Paul R. Baldacci, Jr. and Elizabeth M. Baldacci, his wife, as principals; NOW, THEREFORE, on motion of Supervisor E. A. Linscheid, seconded. by Supervisor T. J. Coll, IT IS BY THE BOARD ORDERED that the bond as set forth above be and the same is hereby exonerated. The foregoing order was passed by the following vote of the Board: AYES: Supervisor J. P. Kenny, J. E. Moriarty, T. J. Coll, E. A. Linscheid, A. M. Dias. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order enhhd on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Tax Collector Supervisors (Redemption Officer) affixed this 3Oth day of July , 1968 Fireman's Fund Insurance Company W. T. PAASCH, Clerk By Deputy Clerk H24-3/68-I OM Dorothy LazfGini Ea FIREMAN'S FI MEM AN'b FUND INBUMANCE COMPANY THE AMERICAN INSURANCE COMPANY GOV FUND NATIONAL SURETY CORPORATION ++ + ASSOCIATED INOEMN/TY CORPORATION ANI Ir,It ICA NAMFHIL^N A11TOMORII t.INSIIRANCE COMPANY 1 N%II N A N I'1 I I I M P)N 1 I N..ML ..r I—u . At IT..nINA SUBDIVISION STATUS INQUIRY F CONTRA COSTA CO. RETURN THIS FORM TO: E1 dI:TT HITCHCOCK P.O. BOX 631 MAIRTI1:EZ, CALIFORNIA ENVELOPE ENCLOSED L BOND NUMBER SUBDIVIDER SC 6160385 PAUL R. EALDACCI 6 ELIZABETH M. SAL.DACCI TRACT NUMBER TRACT NAME SUEDIVISION 3659 MISSION Molt IMPROVEMENTS N �0 fired HAVE TIM TAXES PEEN PAID? PLEASE ANSWER QUESTIONS BELOW. AND RETURN THIS FORM 1. HAS THIS WORK BEEN FULLY COMPLETED AND ACCEPTED? ❑ YES ❑ NO 2. IF ACCEPTED.ON WHAT DATE? 3. IF NOT ACCEPTED. IS WORK PROGRESSING SATISFACTORILY?❑ YES❑ NO 4. PERCENTAGE COMPLETED: REMARKS July 228 1968 The 1967-68 taxes an the property included in Tract 3659 have been paid in lull. ABOVE INFORMATION FU N H BY (S NATURE) (TITLE) x-v Deputy DATE I BON AND BURGLARY DEPARTMENT A In the Board of Supervisors Of Contra Costa County, State of California Mas 28 . 19i6-j— 1n the Mans of Releasing Cash Deposit, as Required under Ordinance 14309 re Subdivision 36599 Clayton Area. On recommendation .of the Public Works Director and on motion of Supervisor E. A. Linscheid, seconded by Supervisor J. E. Moriarty, IT IS BY THE BOARD ORDERED that the Public Works Director is AUTHORIZED to .refund to Western Title Guaranty Company, P. 0. Boz 3119 Martinez, California, $500 cash deposit as surety under the Subdivision Agreement for Tract 36599 Clayton area, as evidenced by Auditor's Receipt No. 57044 dated March 17, 19679 said deposit having been retained when the improvements were declared completed March 5, 1966 to insure correction of minor deficiencies, now cor- rected. the Board: The foregoing order was passed by the following vote of AYESs Supervisors James P. Kenny, James E. Moriarty, Edmund A. L lnsche id, Alfred M. Dias, NOESs None. ABSENT: Supervisor Thomas John Coll. 1 hereby certify that the foregoing is a true and carred copy of an order - its ad on the minutes of said Board of Supervisors on the date aforesaid. ec s Public Works (4) Witness my hand and the Seal of the Board of Bus. & Serv. Div. Supervisors Western Title Guaranty affixed :his 28th day of May . 1968 Company W. T. PAASCH, Clerk By �./�• �' Defwty Clerk M24-3/66-1OM Mildred 0. Ballard IIJ THE BOARD OF SUPERVISORS - OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of Improvements in Subdivision ) RESOLUTiDN N0. 68/139 3659.. Clayton Area. WHE,mas the Public Works Director having notified this Board of the completion of improvements in the subdivision hereinafter listed as provided in the agreement heretofore executed by this Board in conjunction with the -filing of the subdivision map, Treat 3659, Clayton area; N01•1, THEREFORE, BE IT RESOLVED that, with the exception of minor deficiencies, the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement Tract 36599 Clayton area March 159 1967 (Fireman's Fund Insurance Company, - Bond No, SC 6160384) BE 1T FURTHER RESOLVED that the ?t500 cash bond deposited as a part of the subdivision agreement is AETAI11ED to insure completion of said minor deficiencies. PASSED AMID ADOPTED this 5th day of March, 1968 by the follow Ing vote of the Board: AYES: Supervisors James P. Kenny, James E, Moriarty, o Thomas John Coll. Edmund A. Linroheld, Alfred He Dias. NOES: None, ABSENT: None, CERTIFIED COPY 1 certify that this is a full, true & ^.orrect copy ch is or. £ire in my office, �n^»men. wh o the original :, Board f and t't^t �s ,,. r, .r, F. ;a on Sunerl C It... T a c-r ` county the date :--,;,�� : s. 'co: Recorder clerk&e----off icio clerk of said Board of Supervisor Public Works (4) by deputy clerk. Business & Services Div. Subdivider City of Clayton Bonding Company c/o P/W RESOLUTION N0. 68/139 Kash 69 1968 City of Clayton Clayton$ California 9�+51� tiaatlesan: Enclosed le oertitied copy of the Hoard on Marsh Ss a�e°1i8 eoe- Mo, 68/139 adopted aarnin6 SnbUTIvIon 3659• Clayton area, for 70 rsaord�.: Veil truly yoare, W. T. PAASCR, CLERIC Deputy Clerk itb Bnel. IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 3659, Clayton area. ) RESOLUTION NO. 67/223 WHEREAS a map entitled Tract 36K9 , property located in the ri.y ar . , having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1966-1967 tax lien has been paid in fall, and that the 1967-1968 tax lien, which became a lien on the first Monday of March, 1967, is estimated to be $2,000; and Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 40 Title 8, of the County Ordinance Code; Surety bonds issued by Fireman's Fund Insurance Company with Paul R. Baldacci, Jr. and Elizabeth X. Baldacci as principal, as follows: No. SC 6160381 in the amount of $32,400, for Faithful Performance, and $32,900 Libor and Materials, to guarantee completion of road and street improvements; $500 cash deposit (Auditor's Receipt 'rro. 57044 dated Larch 17, 1967; Tax bond ::o. SC 6160385 in the amount of $2,000 guaranteeing pay- ment of estimated 1967-1968 tax. Subdivision agreement between Paul R. Baldacci, Jr., and Elizabeth X. Baldacci, subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete road and street improvements, etc., in said subdivision within one year from the date of said agreement; RESOLLTION NO. 67/223 Form #23 NOW, THEREFORE, BE IT RESOLVED that said bond s and deposits and the amounts thereof be and the sane are hereby APPROVEED. BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept on behalf of the public any of the streets, roads, avenues, or easements shown whereon as dedicated to public use. PASSED AND ADOPTED this2�8th day Of � ynrmi y 1962-9 by the following vote of the Board: AYES: Supervisors i n es P. Kenny, -Alfred i;. Dias, James Be - Moriarty, Thomas John Coll, Edmund A. Linschei.d. NOES: ?None. ABSENT: None. I certify that this is a full, true t correct copy of the original docs r►e^.t which is on file in my office, and that it tvas Pa.-zed & adopted by the Board of Supervisors of Contra Costa County, California, on the date shown. ATTEST: W. T. PAA.SCH, county clerk&ex-officio clerk of said Board of SuperviBOM b deputy clerk. _ ccs Public h-orks (3) Highway Planning Subdivider Title Company RESOLUTION NO. 67/223 Form #23, Pg. 2 PUBLIC WORKS DEPARTMENT VICTOR SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR March 27, 1967 Subdivision 3659 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3659 in Supervisorial District IV in the Clayton area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is March 15, 1968. 2. A surety bond in the amount of $32,400 (Fireman's Fund Insurance Company, Bond No. SC 6160384) and a $500 cash deposit (Auditor's Receipt No. 57044 dated March 17, 1967 which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond in the amount of $32,900 (Fireman's Fund Insurance Company, Bond No. SC 6160384). 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1967-68 tax, which became a lien on the first Monday of March, 1967 is estimated to be $2,000. 5. Tax Bond in the amount of $2,000 guaranteeing payment of estimated 1967-68 tax. 6. $144 has been deposited and is to be credited to the Contra Costa County Consolidated Fire District to cover fire hydrant rental fee. The map is submitted for filing by Western Title Guaranty Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAUE� Public Works-A5irector By VLC:mj V. L.- Cline Assistant Public Works Director, Highway Planning fi SUBDIVISION AGREEMENT (Bus. & Prof. Code Secs. 11E11 & 11612 F( Contra Costa County Standard Form) I L E I. Parties and Purpose. The County of Contra Costz , a p* 4467 subdivision of the State of California, hereinafter and Paul R. Baldacci, Jr. and Elizabeth M. Baldacc r hime••"""'t.'',y { hereinafter called "Subdivider", mutually agree that Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs and fire hydrants, and all improvements as required by the County Ordinance Code, as amended, especially Divi- sion 4 of Title 8 (Sections 8 +00 and following), and all improvements required in the approved improvement plan of Subdivision 3659 , as per map now being filed with the County's Recorder; and Subdivider shall complete said work within one year from date hereof as required by the Subdivision Map Act of the State of California (Business and Professions Code Section 11500 et seq. ), and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder. II. Costs. Subdivider shall pay when due the costs of all said improvements and work, and of relocating existing utilities when neces- sitated by said work, and of inspecting all such improvements and work. III. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. IV, Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, in accordance with the provisions of Business and Professions Code Sec . 11612, deposit as security with the County: ( 1) the sum of $500 cash; together with . . . . . . . . . . . . (2) (A - Faithful Performance) additional security for at least the total estimated cost of the improvements and work less $500, to wit: THIRTY TWO THOUSAND FOUR HUNDRED & NO/100--Dollars ( $32,400.00----) in the form of a cash deposit, a certified or cashier 's check, or an acceptable corporate surety bond guaranteeing its faithful performance (Subdiv, Agrmt. , CCC Std. Form) -1- of this agreement, plus (B - Labor & Materials) another such additional security in the full amount of said estimated cost, to wit: THIRTY TWO THOUSAND NINE HUNDRED & N0/100----- Dollars ( $ 2,900.00-), securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them or to the Subdivider for the improvements or work. V. Assignment. If, prior to County's acceptance of these improvements, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing it. VI, In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as onecomplying with State laws and County ordinances. DATED March 15, 1967 COUNTY OF CONTRACOSTA ` SUBD ID R: (Se fo below) By airman o the oar o upervisors au a acc , r. ATTEST: W. -T. PAASCH County Clerk and ex-officio Clerk of the Board of Supervisors )cx Elizabeth M. Baldacci By Deputy Note to Subdivider: ( 1) Execute acknowlegement form below; and �2j if a corporation, attach a certified copy of (a) the by-laws, or bthe resolution of the Board of Directors, authorizing execution of this contract and of the bonds required hereby. State of California (Acknowlegement by Corporation County of Contra Costa ss Partnership or Individual) On March 15, 1967 the person( s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it (.?,,, r Peggy arry Notary Public for said oun y and -State (Subdiv. Agrmt, CCC Std. Form) HP-9; Rev. 8-6 ;500) FORM APPROrED 21�•�•�•��•�••••••••••� 10 p YFOLY, 01ST. A PEGGY F. BARRY • -2-gr 6eputy: N !ary Public 0 "- Coots Costo CouMY • Sfax W CoWwrAa i N••••••N•NN••NNN� EMMETT HITCHCOCK LORRAINE K. PLANS COUNTY TREASURER-TAX COLLECTOR PRINCIPAL CLERK TAX COLLECTOR'S OFFICE PHONE 228.5000 EXT- 985.306.387 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA FIRST INSTALLMENT OF TAXES DUE AND PAYABLE OECINOUENT ON THE FIRST DAY OF NOVEMBER ON INC TENTH DAY OF APRIL SECOND INSTALLMENT OF TAXES �w YL 1�' �� SECOND INSTALLMENT OF TAXES OUR AND PAYABLE 1 amh DELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF OECEMBER This will certify that I have examined the mp of he proposed subdivision entitled: Tract No, 3659 and have deter•insd from the official tau rem a that there are no unpaid County taxes heretofore levied on the property included in the sap. The current 1966-67 teat lien has bean paid in full. Our estimrte of the 1967-66 tax lien which became a lien on the first Mo y�foNarch , is $ 2,000.00 ID+blM HITCH=K Redemption Officer - •✓ ty PEGGY FBARRY STATE OF CALIFORNIA Nctsry JPubiic tt ?ss. • Conus Costs Caurdy Cont?-,q- ! County of_ �f 7)) County n A ch cknowledgement is taken i Slab of California « On March 15 .196--i—,before me, e V harry Write or type name of notary 1 a:'Votary Public,in and for said" County and State, personally appeared Paul rR_ Bnldans , Jr. and Elizabeth M Baldacci known to me to be the perso " whose name S re subscribed to the trument,and acknax o mr that�he–Z--executed the same. —"7 �. ""If notary is commissioned in another Couny n dition to signature type or print name o/ ary strike"said"and name County. Notary Public Pe i7 y F. Barry (Individual) ■ The premium charged-5r this,bond is —..._._Dollars per annum. BOND AGAINST TAXES DO[® N0. SC 6160385 KNOW ALL MEN BY THESE PRESENTS: Baldacci, his Uiife, THAT Paul R. Baldacci, Jr, & Elizabeth M. / , as principal and FIRSKAN'S FUND INSWAKE 0OMPANY a n d surety as §Larkk= k are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of TWO THOUSAND and N0/100------ ------------------------------Dollars ($2,000,00--------), to be paid to the said County of Contra Costa, for the payment of which well and truly to be made, vie and each of us bind ourselves, our heirs', executors, administrators and successors, jointly and severally, firmly by these presents . Sealed with our seals and dated this 16TH day of MANCH , 1967 The conditions of the above obligation is such that WHEREAS, the above bounded principal is about to file a map entitled Subdivision 3659, Mission Manor and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said Tract of land covered by said map, which' taxes and special assessments collected as taxes, are not as yet due or payable. NOW, THEREFORE, if the said Principal shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said map, at the time of the filing of said, of said Tract, then this obligation shall be void and of no effct 0 wi t '-shall re- main in full force and effect. Paul Baldacci., Jr. Princliv v l/! . �h aiL,4� ElizaZ6th M. Baldacci Surety Principal PT FIIRM"'S FOND INSQSANZ OQQANF _ Surety State of California ss. �- Caunty of Contra Costa� Marga t J, n, Attornay-in-fact and Sureties named in the foregoing bond, being duly sworn, each for himself says: That he is a freeholder and resident within said State and is worth the said sum of Dollars, over and above all his debts and abilities, exclusive of property exempt from execution. Subscribed and sworn to before me this day of 19 _ 7VI967 T. PAASCH C1FR1( BOARD CF 8UEpVi50fi9 T CCr rn +1T� BY w F i :KNOWL[CGM[NT—ATTORNCY IN FACT CALIFORNIA On this._.______ 4h .day oL._�._..__ reh.___.___._._._._-_.,19_1tL_-_,before County of S.S. me, _. Mary-Jeart lfiadro _•__ _ w_--••--__-.•--.--,a Notary Public in and for said_-__-_-____•Alameda _____ _Coon -_-•• Alamedt - __ __ ____ ty,State aforesaid,residing therein,duly commis- ---_-_._____________ _ sioned and sworn,personally appeared.....__ 4�t._Jt... rtlt__..__-__._.—-----___ known to me to be the person whose name is subscribed to the within instrument as the attorney in fact of FIREMAN'S FUND INSURANCE COMPANY and acknowledged to me that he subscribed the name of FIREMAN'S FUND INSURANCE COMPANY thereto as principal, and his own as attorney in fact. + I`'WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal, ....--•_----•_.----_._.__.County of..... _.��................. MARY JEAN MDRQ at my office in the said..-, _-.__..... .._........ "► ` ' NOTARY PUBLIC the day and year in this certificate first above written. i ALAMEOA COUNTY,CALIF, 'Notary Public in and for the______.__.__._.__ ____------------County State of California. My Commission Expires Oct.8,1969 lily commission expires.._....____....._._.._.._�__..__......._....___...___..................-____ 36W42-5-65 +i5 FF• t • PEGGY F. BARRYloy P01014! i STATE OF CALIFORNIA : Contra Costa County • t/nh' Contra Costa ss. • state of California i COOf it•••••••••••••••••••••♦ County in which acknowledgement is taken On March 15 1967 before me, P09M Fe Barry Write or type name of notary a Notary Public,in and for said** County and State, personally appeared Paul Re Baldacci, Jr. and Elizabeth Me Baldacci known tome to be the persona-whose name f3 aM subscribed to the within instrum 1,and acknowledged to me ha`t z xecuted the same. **if notary is commissioned in another County In addition to sigpO ute91fe or print name of notary strike"said"and name County. Xdi`a Public P*ggy F. Ba ry (Individual) ,.a iThe premium chargeif for IM bond is - - �_� C� ._._.Dollars for the term thereof. IMPROVEMENT SECURITY BOND DOMD 90. SC 6160384 (Faithful Performance, AND Labor & Materials) (Calif. Bus. & Prof. Code Sec. 11612; Contra Costa County .standard =or-m) Baldacci, his wife, 1. OBLIGATION. Paul R. Baldacci, Jr. & Elizabeth M. t as Principal, and (Surety) FIREM M'S FUND INSURANX CONFAMT a corporation organized and existing under the laws of the State of CALIFORNIA and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance) THIRTY TWO THOUSAND FOUR HUNDRED and NO/100-------Dollars ($32,400.00--1 for itself or anyCity-assignee pursuant to the subdivision contract referred to below, plus (B - Labor & Materials) THIRTY TWO THOUSAND NINE HUNDRED and N01100-------Dollars (: 32. 900.00---) for the use and benefit of persons entitled thereto under California Business and Professions Code Section 11612. 2. RECITALS. The Principal contracted with the County on WCN 15, 1967 to install and pay for street improvements, tract drainage, and other improve- ments as required by the County's Ordinance Code and the approved improvement plan of Subdivision No. 3659 , as per map now being filed with the County's Recorder, and to complete said work within one year from said date, in accordance with applicable State laws, County ordinances and rulings thereunder. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent to make such alterations without further notice to or consent by Surety is hereby given; and the Surety hereby waives the provisions of Calif. Civil Code Sec. 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney's fees as fixed by the court to be taxed as costs art& included in the judgment. SIGNED AND SEALED on MARCH 16, 1967 PRINCIPA SURETY �� 1 FIREMAM'S FUND INSURANCE CONtAMT NOTARIAL ACKNOWLIOGM[NT ATT011HIM IN FACT STATE OF CALIFORNIA On ...~__ .-,a Notary Publ;It.-Al.., in and for ' Mary Jean Vladro ------------- County of S.S. me, _�..__.__...__---___.___._--.----.. Alamadl said.. State aforesaid,residing therein,duly commis- . ..,_ Margaret J. Duran sioned and sworn, personally appeared-_-, ...............-._.-..--._--.-.-.--....-...---._....------__._.--.--_------ known to me to be the person whose name is subscribed to the within instrument as the attorney in fact of FIREMAN'S FUND INSURANCE COMPANY ` and acknowledged to me that he subscribed the name of FIREMAN'S FUND INSURANCE COMPANY thereto as principal, and his own as attorney in fact. NM1�1■� MARY JEAN VIADRO IN WITNESS WHEREOF, I have hereunto set my hand and a uda ray official seal, i ,.w :" NOTARY PUSLIC I at my office in the said._....-_.............__..__._....__...._County of._......_.. ........... ALAMEDA COUNTY.CALIF. the day and year in this certificate first above written. - •---._... '.. _�r'�-int~.._11..4 ..................._...._ Mary Jean Notary Public in and for the............._.............__.._..._.._County of Alameda State of California. My commission expires....�Y C4Tt�mission•Expires Ocf.-S;19b9 360042-5-65 In the Board of Supervisors of Contra Costa County, State of California May 12 19'_2S) In the Matter of Authorizing Acceptance of Dedication of DOLAN WAY, Road No. 1085M, Subdivision 3677, Tara Hills Area. On otion of Supervisor E. A. Linscheid , seconded by Supervisor • P• Kenny , IT IS BY THE BOARD ORDERED that Resolution No 57-6667 adopted by the Richmond Unified School District on Larch 12 1967 , dedicating to Contra Costa County a 60-foot right of way known as Dolan Way, is hereby ACCEPTED. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, J. E. Moriarty, E. A. Linscheid, T. J. Coll. NOES: None, ABSENT: Supervisor A. M.Dias. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors cc: Public Works (2) affixed ;his 12th day of Map , 1970 Administrator W. T. PAASCH, Clerk By. �N, .il' ��'i •c i L�! Deputy Clerk Anne M. McSor1� t H 24 12/69- 10M IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain road as a County ) -faSOLUTION NO. 69/73 road_, Subdivision 3677, ) Tara Hills Area. ) WHEREAS the Public 'dorks Director having notified this Board that Improvements have been completed in Subdivision 3677, Tara Hills area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW9 THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of estab- lishing a terminal period for filing of liens in case of action under said Subdivision Agreement% Subdivision Date of Agreement Tract 3677, Tara Hills area March 21, 1967 (Hartford Accident and Indemnity Company - no bond number) BE IT FURTHER RESOLVED that the Public Works Director is AUTHORIZED to refund to Veri Crafts, Inc., P. 0. Boa 785, Walnut Creek, California, $500 cash deposit as surety under the Subdivision Agreement as evidenced by Auditor0s Receipt No. 57044 dated March 17, 1967. BE IT FURTHER RESOLVED that the hereinafter described road , having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same w accepted and declared. to be a County road_ of Contra Costa County: DOLAN WAY (36 feet/0.03 mile) Shown and dedicated for public use on the nap of Subdivision 3677 filed March 22, 1967 in Book 114 of Maps at Page 28; Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 23th day of January 196,_* by the following vote of the Board s AYES; Supervisors J. P. Kenny, A. M. Dias, T. J. Coll, - � E. A. Linacheid, J. E. Moriarty, NOES; None. ABSENT: None. RESOLUTION NO. 69/73 Form 23.3 6/68/200 I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 28th day of January, 1969. W. T. PAASCH, CLERK By _ / Anne M. Mc orley Deputy Clerk cc: Recorder Public Works (2) M In the Board of Supervisors of Contra Costa County, State of California August 27 196 In the Matter of Approval of Subdivision Agreement Extension for Tract 3677, Tara Hills Area. On motion of Supervisor J . E. Moriarty, seconded by Supervisor E. A. Linscheid, IT IS BY THE BOARD ORDERED that the Subdivision Agreement Extension for Tract No. 3677, Tara Hills . area, between Vari-Crafts, Inc. , Subdivider, Hartford Accident and Indemnity Company, bondsman, and the County of Contra Costa for an additional period to and including September 210 1968 is APPROVED. IT IS FURTHER ORDERED that Supervisor A. M. Dias, Chairman of the Board, is AUTHORIZED to execute said Subdivision Agreement .-xtension on behalf of the county. -- The foregoing order was passed by the following vote of the Board: AYES: Supervisors James P. Kenny, James E. Moriarty, Thomas John Coll, Edmund A. Linscheid, Alfred M. Dias. NOES: None. ABSENT: None, I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Public Works (3) Superv;sors Subdivider affixed ;his a7th day of ��;_t , 196_$ Planning y� W. T. PAASCH, Clerk By 110'W�// • 6Deputy Clerk H24-3/68-I0M Anne M. McSorley s SUBDIVISION AG EEMENT EXTENSION Contra Costa Subdivision Number 3677 Name (Original) Agreement Date.. March 21, 1957 Surety Name Hartford Accident and Indemnity Company Bond No. . 3905195 Amount Performance - $1500 Date April 23, 1968 Extension New Termination Date. September 21, 1968 This Subdivider and his Surety desire that this subdi- vision agreement be extended through the above date; and Contra Costa County and the Surety hereby agree thereto and acknowledge same. �. Dated: � �Au 122, l 68 � CONTRA N=om, -- - -- Subdivider .an. d d Sum visors ECFil nCC;CL :T l;" L :.�lTY COMPANY Sure t.Y ATTEST: W.T. PAASCH, County Clerk ,' L&_Lga�_ & ex officio Clerk of the Board BY � s Deputy HP-160(Rev. 6-67) (Subdivision Agreement Extension) STATE OF CALIFORNIA t � Ss. COUNTY OF....._..Alame.da......_...... _------ On this.......7.th.....day of......August-------------in the year one thousand nine hundred and.............68.......................1 before me, ....................Rubilda-.,L,....Herrera ................._,....... a Notary Public in and for said County, residing therein, duty commissioned and sworn, personally appeared.........EdWin Rodman known to me to be the Attorney-in-Fact of the Hartford Accident and Indemnity �umm�mumnntumnunranttr»tnntw Company, the Corporation described in and that executed the within instrument, and RL16 LOA L. HERRERA also known to me to be the person...... who executed it on behalf of the Corporation e" r` v :'. NDIARY PUBLIC C therein named, and ......he...... acknowledged to me that such Corporation executed the ALAMEDA CO. CALIF. same. Lns:nt�uwnuintanttntoutttttuut� W/}n,Q,Aj- I have hereunIyca nd and affixed m}' Official Seal, at my office' ' the said County, the daythis certificate first above written. 'My Commission will Expire.-MY-Com alissionZ.xpiresAtt 4,1971 . . ••...... S-.S.A. 56 Notsry Public in and for said Califutnia Rubilda L. He STATE OF CALIFORNIA, ss. Corntyof Contra Costa t Cn this__ng t. __ _..day of ��$4t in the yrsr one 6iourand nine hundred and... �t_Y .& L_...._.. before me, Carol L. Bullard ,a jVotary Public in and for the Contra Costa ..._. ._._..._......Cour:ty of. ._._....__ ,State of California, duly commissioned end sworn,personally appeared_..._FRANZ J,, rfULLER , known to me to be the person who executed the within instrument, on behalf of the Corporation therein named, and µ known to me to be the person....._:elwse name.is_.subscribed to the within instrument, and acknowledged to me that...._..he excculed the same. [Al WITNESS WHEREOF I lure hereunto set my hand and aycxrd my official seal in fhe _ _ _C'vunty of Contra Costa thr day ard year in this cerliJicate first above:a ten. I /,� Notary Public in and for the_. Cotmty of Contra Costa State of Califonua. Covdm's Form No.34—(Aduwr.te4g=ent—Genswt)(G C.See,1189) My Commission Expir April 1, 1970 33474 t� In the Board of Supervisors of Contra Costa County, State of California May 21 196&. In the Matter of Approval of Subdivision Agreement Extension for Tract 36779 Tara Hills Area. On motion of Supervisor T. J. Coll, seconded by Super- visor J. E. Moriarty, IT IS BY THE BOARD ORDERED that the Subdivision Agreement Extension for Tract No, 36779 Tara Hills area, between Vari-Crafts, Inc. , Subdivider, Hartford Accident and Indemnity Company, bondsmen, and the County of Contra Costa for .an additional period to and including May 219 1968 is APPROVED. IT IS FURTHER ORDERED that Supervisor A. M. Dias, Chair- man of the Board, is AUTHORIZED to execute said Subdivision Agree- ment Extension on behalf of the county. The foregoing order was passed by the following vote of the Board: AYES: Supervisors James P. Kenny, James E. Moriarty, Thomas John Coll, Edmund A. Linscheid, Alfred M. Dias. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc% Public Works (3) Witness my hand and the Seal of the Board of Planning Supervisors affixed :his 21st day of May , 196 8 W. T. PAASCH, Clerk B Deputy Clerk H24-3/68-IOM Mildred 0. Ballard SUBDIVISION AGREEME'IiT EXTEIISION Contra Costa Subdivision Number 3677 Name , (Original) Agreement Date: 3-21-67 Surety Name Hartford Accident & Indemnity Company Bond No. 3905195 Amount $1,500 Date April 23, 1968 Extension New Termination Date: may 21, 1968 This Subdivider and his Surety desire !Ii-.at this subdi- vision agreement be extended through the above date; and Contra Costa County and the Surety hereby agree thereto and acknowledge same. JF LES . av AY 211968 W. T. PAASCH ClE1Nl BOARD Of KWMISM Qf 014TH GQ�T C LINTY (� 00* • f i f Dated: /�lcr�ck 26, 196 V iz IgnC. CONTRA COS 3 ang �•�� 'PA -A. By Cha an, Board c Sun is ;rs Hartford Accident and Indemnity Company �.Qu � Surety ATTEST: W.T. PAASCH, County Clerk BY:i.]tGS� uG ,r- t�xu� & ex officio Cler_: of the Board Josep R. Pellegrini II, Attorney-in-fact Deputy ~' HP-lo'(Rev, 6-67) (Subdivision Agreement Extension) - STATE OF CALIFORNIA SS. COUNTY OF................A.lameda......_....... On this......46 ....day of......... in the year one thousand nine hundred and..............68 before me, ........ ubilda L. Herrera .................. a Notary Public in and for said County, residing therein, duly commissioned and sworn, personally appeared..Joseph R,-Pellegrini II....... known to me to be the Attorney-in-Fact of the Hartford Accident and Indemnity rwuseuanwnnu0n1012 no Company, the Corporation described in and that executed the within instrument, and RUBILJA L. HERRERA ,;�"•��, also known to me to be the person...... who executed it on behalf of the Corporation J:OT„iY PUBLIC therein named, and .-.-..he... .. acknowledged to me that such Corporation executed the _ ALAjYEDA CO., CALiF._— ' same. iuuu�i:urcu�uuoonuura�ww�+� 9X M&W, Aowto I have hereunto set my nd and affixed my . Official Seal, at my office, in the said Count}•, the day and tear i this certificate first above written. My Commission will Expire.My.Cam .i.; onz pirosAug;4;1971 l 4cC S.A.56 Notary Public in and for said Cou y,State of Califumia 1Zubilda L. Herrer Ij STATE OF CALIFORNIA, L. L0rz Aa (0'j t a ss. County of/_.._..w._ /�,� 261h t f laz� ___._..in the car one thosaand nine hundred and.. ld-i) ------- on this_ _."- —_—.day of y , before me,�.L.., iL�S A�L(ft ,a Notary Public in and for the County of_ Co_iAa rD'J'ia Stptg of California, duly duly commissioned nd s: o�n,p� nay apppeared. ]h� know n o me a e e e . dezoAs ceAeoAation, �cr�u- 1ca -9n C, an kf:oten Incto tithe F son._.__-nose nanr¢.___ �._subscribed to the:vit/sin instrument, 00 v z � eVvS a�� corY oiae on, ♦ ar. acknry e g ton that rt a cuts lite sanrt. • • IN WITNESS WHEREOF 1 F.a:r hereunto set my hand and mixed my ofcial Jeal • t on tna o�t a • ♦ �:isc ....v._..C:rsn:c of _......th¢day and year in this certificate first above.aeritten. ,� \Totary Public in and for the __— County of OlZ 1La adla State of California. • C..&We Form No.34—(Achm•ledP2eat--Genera1)(C-Q S",•1189) bfy Commission Expires ��""� f s 1 2zo 33474 A IN THE 3O�RD Or SUPERVISORS OF CO-NYTRA COSTA COUNTY, STATE OF CALIFORNIA In the `Satter of Approval ) of Subdivision Lap of ) Tract X577, T=a Hil is ) RESOLUTION NO. 057/202 dH--RE_-1S a rap entitled Tract 30577 , property located in the having been presented to this Board for approval, said r..ap having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the m-ap, and that the 2967°790'38 ..._ich be--=13 a ---n or- va e _ -"�:;:r .ao daisy .^._ 195 is o=' r+.:p Cto be �*3% a.d Letter from the Public Works Director stating that said ran is accompanied by deposits and bonds to guarantee the ca,_pletiar_ of road and street i��prova�:e^ts as required by 3ivi si or_ ? , Title 8, of the County Ordinance Code; IC folic-Ln- SL:"'ctj jr::3do I!Ssacd bir r Accideat Wim" �T1Ci2 S11F:;� =:=C.� a CD_�O_'at?C8S ?7r~Y!C3 {2 s as =011 OFJs 7erfo=a_C.". be d3 lar',. {nc*L::'7j of a%.,500, S?3d L-c— c^.i?d S bo-nd' in- t::c•'. a:--on-a-, of `-�9CvJ., i? "cin u.^r2_`:;� CD:�:. 1 ? re �_c;,_c:3 fl_ �� d and s L_to t Y%JV cash derx6..'V � L'1�_Z. U0-Is Reco•ip4 i o. 570-1,04 dated `-:arch 17a 2.967); T;a;: bor.--' in- the ar-sLi v C_ $300 St==i�`Y=!.".��:�� payment Gilt of e5 ttimanted '1967- i94 Subdivision agreement between ��=-'"�'''':i .�� _r_co3 w Coi`.�= iio:3g subdivider and the County of Contra Costa, :herein said sub- divider agreas to co mute .-cad and street improvements, etc., in said subdivision_ within on.v year_ from the date of said agreement; 1"ccES V�11 I 1 0111 1110. �.S f L• •�1 F o r{ir 3 NOW, THEE E ORE, BE IT RESOLVED that said bonds Gcd dos;c and the amount 0 thereof. be and the same. are hereby APPROVED. BE IT UR^sHER RESOLVED that said subdivisio agreement be and- the sarme is hereby APPROVED and the Chairman of this Board is authorized to execute said agree:!ent. BE TT URTHM RESOLVED that said map be and the'.same is hereby APPROVED and this Board does not accept on behau of the public any of i,Yie Streets, roade, ,vena s9 0_ E�'•.�a»ents .^.t:7ua Mere=e= G'13 da{'ic. ed to .public use. PASSE,D AND ADOPTED this 2.st day oS ISs-cl: , lgb ? , by the following vote of the Board: ,;,,., .. „ r I j:= i i? Dias James E. iD_'7.23'i f, AYES: S,._.�Y^a ory J :acs . . r e.. 1.7 �c. Thome John Coll, Ea and A. Liaschc:d. 14 GES. I;cae. ABSENT: .lone. cc: Pub'! c lo_ks (3) iii'Y aoir_� - r:ect copy Suodiviaer I certify t�:�z t.1.5 is s tall, t::t:e s co. �; thorigin-n.11C:�.'-: Tn-:t tvli:nia i�= �"' f?IS in �:tv O=ficoorigin-n.11 :3nn:'d of a:luWfornia, on the d ,•.:: -... __, _ ,..+ ` '' .: t��:, CO;:P.Ly cierk __ ......._ .on CONSENT TO SPECIAL MEETING OF DIRECTORS OF VARI - CRAFTS, INC We, the undersigned, being two of the Directors o ari-Crafts, Inc. do hereby give our written consent to the hold' g of a special meeting of the Board of Directors on this 10 day of March, 1967 at 10:15 a. m. at the office of the Compan at 2766 Camino Diablo, Walnut Creek, California, and we do hereb give our written consent to the transaction of all business whic may a Jbefore this meeting. er Ll::�A arry K. JaVW<...J MINUTES OF SPECIAL MEETING OF DIRECTORS OF VARI - CRAFTS, INC. A special meeting of the Board of Directors of Vari-Crafts, Inc. was held at the office of the Company at 2766 Camino Diablo, Walnut Creek, California on the 10th day of March 1967, at the hour of 10:15 a. m. There were present at said meeting: Franz J. Muller and Larry K. Jansen, constituting two of the Directors of the Corporation. Franz J. Muller was elected Chairman of the meeting. The meeting was called to discuss and approve the development of Subdivision 3677. Franz J. Muller was authorized, as President of the Corporation, to execute all documents necessary in connection with this subdivision. There being no further business the meeting adjourned. ecre ar (Seal) Approv d er vr D 1!907 W. T. PAr. ��r; �l CLERK SOAP: C.= .By J W a ,6Emc'OO Y SUBDIVISION AGREEMENT (Bus. & Prof. Code Secs. 11611 & 11612) (Contra Costa County Standard Form) YET. D I. Parties and Purpose. The County of Contra Costa aoi",xS C H � ft V subdivision of the State of California, hereinafter CLARKal hOjDoOISORS r SUP o, By Deputy and Vari-Crafts, Inc. , a corporation hereinafter called "Subdivider", mutually agree that Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs and fire hydrants, and all improvements as required by the County Ordinance Code, as amended, especially Divi- sion 4 of Title 8 (Sections 8400 and following), and all improvements required in the approved improvement plan of Subdivision 3677 , as per map now being filed with the County's Recorder; and Subdivider shall complete said work within one year from date hereof as required by the Subdivision Map Act of the State of California (Business and Professions Code Section 11500 et seq. ), and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder. II. Costs. Subdivider shall pay when due the costs of all said improvements and work, and of relocating existing utilities when neces- sitated by said work, and of inspecting all such improvements and work. III. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. IV. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, in accordance with the provisions of Business and Professions Code Sec. 11612, deposit as security with the County: (1) the sum of $500 cash; together with . . . . . . . . . . . . (2) (A - Faithful Performance) additional security for at least the total estimated cost of the improvements and work less ;3500, to crit: ONE THOUSAND FIVE HUNDRED --------------------- Dollars ($ 1,500300 ) , in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond guaranteein` its faithful performance (Subdiv.Agrmt. ,CCC Std.Form) -1- b of this agreement, plus (B - Labor Platerials) another such additional security in the full amount of said estimated cost, to wit: TWO TROUSAND AND N0/100------------------------ Dollars ($ 2,000.00 ), securing payment to the contractor. his subcontractors and to persons renting equipment or furnishing labor or materials to them or to the Subdivider for the improvements or work. V. Assignment. If, prior to County's acceptance of these improve- ments, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing it. VI. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances. DATED: COUNTY OF CONTRA COSTA SUBDIVID : (See note below) By.�. tl . Zp C.0� J�l ( !J Vari C ftInc. . corporation 4 ( Chairman of the Board of Supervisors ATTEST: W. T. PAASCH By - - County Clerk and ex-officio Clerk e f cial capacity of the Board of Supervisors in usi ess) President By. cZ. Deputy Note to Subdivider: (1) Execute acknowledgment form below; and �2� if a corporation, attach a certified copy of (a) the by-laws, or bthe resolution of the Board of Directors, authorizing execution of this contract and of the bonds required hereby. State of California (Acknowledgment by Corporation, County of Contra Costa ss ' Partnership or Individual) On March 168 1967 the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it a d that the corporation or partnership named above executed it. R. . JERSEW Notary Public for said Count; and State W-9;Rev.8-64;500) b di v.Ag rmt. ,CCC Std.Form) xC OuuFuFuIuC I A L ccS E A]L _2_ R. W. JENSEN NOTARY PUEUC - CAUFORNUu c� PRINCIPAL OFFKE IN THE COUNTY Of CONTRA COSTA FORM APPROVED iNuawumuucuunuuxuuuucucuuwuwci JOHN NEJEDLY, WiST. By Deputy. A B0111D AGAINST' TAXES KNOW ALL MEN BY THESE PRESENTS: THAT Vari-Crafts. Inc. . a corporation , as principal and Richard W. Jensen and Byron Damiani as sureties are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of THREE HUNDRED AND N01100---- ------------------m-------Dollars 0/100------------------------------Dollars ($,300.00 ), to be paid to the said County of Contra Costa, for the payment of which well and * truly to be made, we and each of us bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents: ' Sealed with our seals and dated this 16th day of March 19 67 The conditions of the above obligation is such that WHEREAS, the above bounded principal is about to file a map entitled SUBDIVISION 3677 and covering a subdivisiori.of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said Tract of land covered by said map, which taxes and special assessments collected as taxes, are not as yet due or payable. NOW, THEREFORE, if the said AP- - shall pay all of the taxes and special ass en s collected as taxes which are a lien against said trac of land covered by said map, at the time of the filing of said p of said Tract, then this obligation shall be void and of no -.e a therwise it shall re- main in full force and effect. a - ; 77. -� RIc ar Jense u y t T. (' CLERK GOAR�O By Da an Surety S 0 io Co / and Byron Damiani Suretiesnamed in the foregoing bond, being duly sworn, each for himself says: That he is a freeholder and residept within said State and is worth the said sum of A101c2 D Dollars, over a a ove all his -debts an liabilities, exclusive of property exempt om exec on, or Subscribed and swo �`,o r W s n r,� before me tis ze day * r ian o£ 19 �..�• ... a MMNL t41f1Y111N4tt111lIt111NM4M11/1 OFFICIAL SEAL ' WALTER NAPIERSKI 'e NOTARY PUSGC - CAUFORN1A VRINCICAI OFFICE IN TME COUNTY OF CONTRA COSTA tlttlllti//4tIt1111/NIA/t/111111/1/1111lN41!/11/IIi!/1 STATE OF CALIFORNIA COUNTY OF SS. CONTRA COSTA On ...............................................................................•--. 19........, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ........................................................ ......Franz...J. Muller................................................••-- own to be the ................................................President,.5 > tl(i7CX2CXX2C2C2CX2CXXXXXX2151106 )<of P!Wporolfn Vot executed the within instrument, and known to trsons who executed the within instrument on behalf therein named, and acknowledged to me that such cfporQton ex�uted the some. and acknowledged to me that such cQt.r n psuted the within instrument p to its bylaws oC flolutiWZof its board of direst VATS rn lFd and official L =��- -_ ............. --.. _.. ........ •---...--•--- -- ''�. ( °ao � rotary Pu is i and for said county and State Z / s—W N X •,_W i WX = R......W..._.--JENSEN.............................. nonilShall be typed at legibly printed - Gov t. Code 8205) i�■i IMPROVEMENT SECURITY BOND (Faithful Performance, AND Labor & Materials) (Calif. Bus. & Prof. Cede Sec. 11612; Contra Costa County Standard Form) 1. OBLIGATION. Vari-Crafts, Inc._. a corporation as Principal, and (Surety) HARTFORD ACCIDENT AND INDEMNITY COMPANY - a corporation organized and existing under the laws of the State of Connec-ipll and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance) ONE THOUSAND FIVE HUNDRED AND N0/100-------------- Dollars (� 1,500.00 ) for itself or any City-assignee pursuant to the subdivision contract referred to below, plus (B - Labor & Materials) TWO THOUSAND AND N01100----------------------------Dollars ($ 2,.000.00 ) for the use and benefit of persons entitled thereto under California— Business and Professions Code Section 11612. 2. RECITALS. The Principal contracted with the County on to install and pay for street improvements, tract drainage, and other improve- ments as required by the County's Ordinance Code and the approved improvement plan of Subdivision No. 3677 , as per map noir being filed with the County's Recorder, and to complete said work within one Xear from said date, in accordance with applicable State laws, County ordinances and rulings thereunder. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent to make such alterations without further notice to or consent by Surety is hereby given; and the Surety hereby waives the provisions of Calif. Civil-C=ode Sec. 2819, and holds itself bound without regard to and independent-I of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney's fees as fixed by the court to be taxed as costs and included in the judgment. SIGNED A!NDAEAISD on March 16, 1967 PRINCIP SURETY-," Vari r ft nc. a cor oration HA FDR ACCIDENT A LAITY COWA By By� Lim z"Oler President *EW&X4kG D4W *TWBU)k IAF-RACE S ate o Palifornia Coun of Contra Costa ss (ACKNOj7LEDGP1fENT BY SURETY) On N ' the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorney(s)-in-Fact for this Corporate Surety , personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Su a d his/their oim name(s) as its Attorneys)-in-Fact. R W. JENSEN s� Notary Public for said County and State �. Imp. ed o dL �S a O " 2H -15Rev.8-64;500FICIAL SEAL .;(+37 _� R. W. JENSEN = L ` _ "• NOTARY PUBLIC — CALIFORNIA W. T. PAASCH ��nUPERVIsORS PRINCIPAL OFFICE IN THE CLERK GOAR COUNTY OF CONTRA COSTA C G� O• �FEFFEEEREEOERMENEMHFUMpEEIE/FIFNEEpEE1EEEN/RE� %� -Deputy ByQ PUBLIC WORKS DEPARTMENT "T°" W. SAUERCONTRA COSTA COUNTY mr.R. DROWN PUSLIC WQRKS OINECTOK CN1EI 09"Tr SUSLSC WORKS DIRECTOR ROAD COUNNUMON<R-GURvsrOR •rN FLOOR. ADNINI<TRATION OUMO1ND MARTINEZ. CALIFORNIA 01893 R. D. SIMATCM TELE►NONt 1Shi000 Di►UTT PUDLIC WORKS D,RtCTOR March 20, 1967 Subdivision 3677 Honorable board of Supervisors Administration Building F I El Martinez, California 79j67 Gentlemen: W. T. P A A S C H CLERK BOARD OF SUPERVISORS There is submitted for your approval the map of S R " co- uty in Supervisorial District II in the Tara Hills are f +ccompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is march 21, 1968. 2. A Surety Bond in the amount of $1,500 (Hartford Accident and Indemnity Company and a x500 cash deposit (Auditor's Receipt No. 57044 dated March 17, 1967 which amounts are required to guarantee completion of road and street improvements as required by the County Ordlnance Code as amended. 1. Labor and Materials Bond in the amount of $2,000 (Hartford Accident and Indemnity Company). 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1%7- 68tax, which became a lien on the first Monday of March, 1967 is estimated to be 1300.00. 5. Tax Eond in the amount of 1300.00 guaranteeing payment of estimated 1967-68 tax. The map is submitted for filing by the Stewart Title Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign. the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR '_' SAU Public Works it cto VLC:mj w cc: Title Company V. L- C1 ne Planning Department Assistant Public Works Director Construction Division Highway Planning 40-26 (7-66) &MMETT HITCHCOCK LORRAINE R. PLANZ COUNTY TREASURER-TAX COLLECTOR PRINCIPAL CLERK TAX COLLECTOR'S OFFICE PHONE 225-3000 EXT. 385.306-397 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES DUE AND PAYADLE FIRST INSTALLMENTOF TAXES MARTINEZ. CALIFORNIA DELINQUENT ON THE FIRST DAY OF NOVEMaER March ON THR TENTH DAY OF APRIL SECOND INSTALLMENT OF TAXES March 16, 1967 DUE AND PAYADLE SECOND INSTALLMENT OF TAXES OlLINOUtNT ON THE FIRST DAY OF FEDRUARY ON THE TENTH DAY OF DLC[MDLR This will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 3677 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current1966-67 tax lien has been paid in lull. Our estimate of the 1967-68 tax lien, which became a lien on the first Monday of March, 1967 is S '3OO.QO C'TT HITCHCOCK Redemption Officer By:_ ' PU dlF10ED ? ;. 1367 W. T. PAASCH CLERK SOARD OF S•uPERVISORS lay 9Q�t� Oeput IN M 38D OP a11P�lLl�d Of 0MMA OQM QQQM# ilATs Or CtLlFGMil Is the Matter of Approval ) of Sabdivisiea Map of ) iA CUP,, In No. Tt+aot 3678, Oshlq area. ) ) MIMEAS a map oititled Tract 36780 property located in the away areae baring Deem prommated to this Hoard for approval, said map Mvimg boon osetified 4 tM PMM efficlols, and being sooampealed bye Latter from the Redemption Officer stating that thous ars no unpaid Com* taus heretofore levied on the prepertV inasnded In the not and that the 1967-1966 tory wbiab boom a Use an the first Momdy of Maroh, 19679 is estimated to be $5003 ata Liter from the Public Works Director stating that said mope subaitted for filing under the provisions of to Count/ Ordinance Code, to accamipaniod by a cub deposit of $5009 guetramteeing pop mt Of estimated 1967-1968 tat= and Lighting fee of $h2.6O0 wbiob bas boon dspa4ted amd is to be credited to Counter 8mmies Arae L-34f and WHIR AS tho Hoard baring boon advised that the street within the sub- division, Los Dmoas Avemte, L bring aoostracted by Contra Costa County Mousing Aotaoritp under a road acooptaooe agrosoemt and mo pabSio work is -rpaired, Moon subdivision agrsomes% bosd%amd Lrpectiom !less aro nsneeessas,►1 11=, THWAYoRB, It IT RESOLVED tbat said map be mad the acme is bwWW APPMEDS and BE IT 70R1'Nffit RESOLVED that said deposits and the amonate thereof be sed ths same are busby APPROPED. . PASSED and ADOPTED this 25tb dq at JuVp 1967 by fte follmiog roto ' of to Board: Amos 8uperiissrs James P. [emy, Alfred M. Dias, Jones E. MoriarV, Thomas Jd a Coll, Edmmt d A. Um obeld. NMI Novo. ARSE Tt Nome. cxerIFIsv ooPr - J/40MI bf.wM1 M&A r. M Ido is q ribm ." cc: Public Works (3) `km a..0,.."j a.d rd 4 eke&Mwj,/6w-- Planning o/ L wt a Cow6w C!Nmf . CAIW0i�. .. AM yb sk....AM.-STs W T.PA46CH..r..11 J04 Subdivider • ....,/t;, d i ej "N mewl J a.,..r..w h 147 REM I2T O N0. 6714% PUBLIC WORKS DEPARTMENT F. R. VICTOR W. SAUER CONTRA COSTA COUNTY PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLLICIC WWORORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR July 25, 1967 Subdivision 3678 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3678 in Supervisorial District V in the Oakley area. Accompanying this map and pertaining thereto are the following documents: 1. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1967-6B tax, which became a lien on the first Monday of March, 1968 is estimated to be $500. A cash deposit of 5500 has been deposited to guarantee payment of estimated 1967-69 tax. 2. A lighting fee of $42.60 has been deposited and is to be credited to County Service Area L-34. The map is submitted for filing by Western Title Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. There is no subdivision agreement, bonds, or inspection fee as there is no public improvement work required. The street within the subdivision, Las Dunas Avenue, is being constructed by Contra Costa County Housing Authority under a road acceptance agreement. Very truly yours, VICTOR W. SAUER Public Works'Director V. Cline Assistant Public Works Director Highway Planning VLC:mj cc: Title Company Planning Construction Division EMMETT HITCHCOCK - LORRAINE K. PLANZ COUNTY TREASURER-TAX COLLECTOR PRINCIPAL CLERK TAX COLLECTOR'S OFFICE PHONE 220.3000 EXT. 303-300-307 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA DUE AND PAYASLE O[II ON THE FIRST DAY OF NOVEMBER ON THE TENTHH DAY DAY OF APRIL SECOND INSTALLMENT OF TAXES June g 1967 SECOND INSTALLMENT OF TAXES CUE AND PAYASLE DELINQUENT ON THE FIRST DAY OF FEERUARY ON THE TENTH DAY OF DECEMSER This will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 3678 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the snap. The current 19_66-_6.7 tax lien has been paid in full. Our estimate of the 19� tax lien, which became a lien on the first Monday of !larch , 1967, is $ SOO.00 1MKETT HITCHCOCK Redemption Officer By: 1/1l/YZe"l Deputy dl In the Board of Supervisors of Contra Costa County, State of California August 12 191 -19 In the Manor of Releasing Cash Deposit Subdivision 3580, Moraga Area, Work Order 6702. WEEREAS the construction of public road improvements in Tract 3680, Koraa area, was accepted as completed by this Board on Auguat 6, 1969; and WFEREAs the : 500 cash surety (Auditor's Deposit Permit No. 614367 dated February* 28, 1968) has been retained for one year as of August 6, 1969, as required by Section 8429(b) of the Subdivision Ordinance; N01-4, VHERE.FC)RE, on the recommendation of the Public Works Director and on motion of Supervisor E. A. Li.nscheid, seconded by Supervisor A. M. Dias, IT IS BY THE 80ARD ORDERED that the .public Works Director is AUTHORIZED to return said cash surety to Rheem California Lund Company, 370 Park, Rheem galley, California. The foregoing order was passed by the following vote of the Board AYES: Supervisors J. P. Kenny, A. M. Dias, E. A. Linscheid, J. E. Moriarty. NOES: None, ABSENT: Supervisor T. J. Coll. I hereby certify that the foregoing is a true and correct copy of on order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed ;his 1?th day of August , 19 . 69 c c: Public Works (2) W. T. PMSCH, Clerk Subdivider By 2.7 - Deputy Clerk Anne M. :McSorley H 24-5/69-IOM IN THE BOARD OF SUPERVISORS OF CONTRA C(ISTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvement£ and declaring ) certain road as a County ) RESOLUTION NO. 68/518 road_, Subdivision No. 3680, ) Moraga Area. ) WHEREAS the Public Works Director having notified this Board that Improvements have been completed in Subdivision 3680, Moraga area, as provided in the agreement heretofore executed by this Board. in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of estab- lishing a terminal period for filing of liens in care of action under said Subdivision Agreement: Subdivision Date of Agreement Tract 3680, Moraga area March 5, 1968 (United Pacific Insurance Company - Bond No. B-474376) BE IT FURTHER RESOLVED that the $500 cash deposit (Auditorts Receipt No. 64367 dated Febr-uary 28, 1968) deposited as surety under the Subdivision Agree.,xent, be retained for one year in con- formance with Section 8429(b) of the subdivision Ordinance. BE IT FURTHER RESOLVED that the. hereinafter described road, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same is accepted and declared to be & Counter road_ of Contra Costa County: BLACKBR00K• PLACE as shown and dedicated for public use on the map of Subdivision 3680 filed March 6, 1968 in Book 119 of Maps at Pags 14, Official Records of Contra Costa County, State of California. BE IT FURTHER RESOLVED that BLACKBROOK PLACE name be CHANGED to HELFAIR PLACE. UMAX. PASSED AND ADOPTED this � day of August , 196,8 by the following vote of the Board AYES: Supervisors James P. Kenny, James B. Moriarty, Thomas John Coll, Edmund A. Linsoheid, Alfred M. Dias. NOES: None. ABSENT: None. RESOLUTION NO. 68/518 6/68/2003 i I HEREBY CERTIFY that the foregoing is a true and correct copy of a rilsolution entered on. the minutes of said Board of Supervisors on the date aforesaid• wit*hess my hand and the Seal of the Bbard of Supervisors affixed this 6th day of_ August. 19 68. W. T. PAASCH, CLERK —ArMs . MaboTy Deputy Clerk aa: Recorder Public Works (2) Highway Planning (2) Business do Services Division P. W. Maintenance Division Subdivider ti . IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Suu,b,,division-Map of ) tw TraWO9 Moraga Area. } RESOLUTIO#ga6 } WHEREAS a map entitled Tract 9680 , property located in thforaga area , having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore 1 v c�,�he overt i clue a i n h p, �arid that tl 'rent -1908- tasprlri�i 7 has see p 1 ; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4. Title 8, of the County Ordinance Code; Seeurlty Bonds issued by United Pacific Insurance Company uith Rheem California Land Company as principal, as follows Bond No. B-474376 in the amount of $6.300 for faithful Performaneeg and $6,800 Labor and Materials, to guarantee car- pletion of road and street improvements; $500 cash deposit (Auditors Receipt No. 64367 dated February 289 1968); $340 inspection fee. Subdivision agreement between Rhoom California Land Company, Rheem Building, Rheem Valley, CalifIng subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete road and street improvements, etc., in said subdivision wiMlln year from the date of said agreement; RESOLUTION NO.681136 Form #23 NOW, THEREFORE, BE IT RESOLVED that said bond• and d oslts and the amount, thereof be and the same are hereby BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept pukUm or reject on behalf of the public any of the streets, roads, avenues, or easements shores thereon as dedicated to public use. PASSED AND ADOPTED this 5th day of March , iqb 8 , by the following note of the Board: AYES: supervisors James P. KaMp James E. Norlarty, Thomas John Coll, Edmund A. Linscheld, Alfred M. Dlae, NOES: Hone. ABSENT: None. co: Public Works (3) Highway Planning Subdivider Title Co., c/o P.W. CERTIFIED COPY I certify that this is a full, true & correct copy of the original document which is on file in my office, and that by the Board of Supervisor-; (:i Contac Costa County, California, on the date Ehown. n TTE.:73T: W. T. P.!L4SCH, county uerk&ex-officio clerk of said Board of Supervisors, by deputy clerk. Y t -------: -------------.,__ ._____on RESOLUTION N0. 68/136 Form #23, Pg. 2 4 SUBDIVISION AGREEMENT (§1) Subdivision: (§1) Subdivider: (B. & P. Code §§11611-12) Lams Conn ny 1 Effective Date: 3-5-46 (Contra Costa County (§1) Completion Period: one yr, ar Standard Form; 8-67) (§4 ) Deposits : A. (cash 500. B. (bonds , etc. ) 1. (faithful pert. & maintenance) $ v,_300.00 2. (labor,materials) :00.00 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the Improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free froF defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall,, pursuant to Bus. & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together With . . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (Z - FaithfuZ Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors , and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section 2; and if, at any time before the County' s resolution of completion for the subdivision, the improvement plan proves to be inadequate in any respect, Subdivi- der shall make changes necessary to accomplish the work as promised. LED ,f-1%8 F tftLJAZTe2 ieMls a ]UPfAVISCR9 �A OU TY a 6. No Waiver by County. Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and. conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards, commissions, officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; B - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 8. Costs. Subdivider shall pay when due all the costs of the work, incluu'ing inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements, the subdivision Is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. 12. Record Map. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances. -2- STATE OF CALIFORNIA County of Contra Costa `N. County in which ockno.4dpement it taken oFebruary 26, 1968 before me. Delfina Nordaby uNnran Public,in and for said" County and State,personally appeared Richar�3r't�a:"'�nheemtaand Donald L. Rheem known to me to be president and secretary of the corporation that executed the within instrument and also known to me to be the person who executed it on behalf of such corporation and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its hoard of directors ••4.44o44eae44o44a1�48v+ r **If notary is commissioned in another O d in addition to ti •tare type or print name of notary strike"said"and name County. DELFfiVA NOR� 8Y10 • 4 Fry commission expires l0rdaby exnires6 8 10 • � orPoeMRtt�� ; •N•••N•N��NO441�►-�r�s ':1 COUNT OFC SUBDIVIDER: (see note beZow) By theem California Land Company ai n, Board ervisors Pres. B ATTEST: W. T. PAASCH, County Clerk (Designate offzciaZ capacity & ex officio Clerk of the Board in the business) Secretary By Note to Subdivider: (Z) Execute Deputy ac now a gment form beZow; and (2) If a corporation, attach a certified copy of (a) the by- FORM APPROVED: JOHN A. NEJEDLY Zaws or (b) the resolution of District Attorney, the Board of Directors, authori- zing execution of this contract By and of the bonds required hereby. Deputy State of California ) ss. (AcknowZedgment by Corporation, County of COA"TBA COSTA ) Partnership or IndividuaZ) On the person(.s-) whose name(s) is/-&� signed above ror SuWdiviaer and who is known to me to be the individual ,.anti""^-•.., officer or partner as stated above who signed this instrument, .4c0 , �1�t knowledged to me that he executed it and that the corporation:• ,.o ,► V:r ship named abode executed it. .i My Commission Expires Aug. 24,�6r§I�' Notary Public for said County—and•`itate (Subdiv. Agrmt. CCC Std. Form) (AP-9; Rev. 8-67; 200) _3_ STATE OF CALIFORNIA County of Contra Costa }ss. County in which ocknoriodgement is taken pit February 2� , 19 fore me, Delfina Nordahv a Notary Public,in and for said" Write or type name of notary County and State,personally appeared Ri eha rr? S . Rheem and Donald L. Rhee^ - 1•nown to me to be president and secretary of the corporation that executed the within instrument and also known to me to be the persons who executed it on behalf of such corporation and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. C •*If notary is commissioned in another Count r`��a�,p9Qa!��`S�b�C4 Indditiontos wr*hMNosinlno"ofnotery strike"said"and name County. �� tdOGt�$ti Notary Public i)e I fBaby • OELEif;.� L;, :iTv commission exoires � 9 �6 ._. w. qti_ W r •s sso 'I PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER•SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR February 29, 1968 Subdivision 3680 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3680 in Supervisorial District III in the Moraga area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is March 5, 1969. 2. A Surety Bond in the amount of $6,300 and a $500 cash deposit (Auditor's Receipt No. 64367 dated February 28, 1968 which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond in the amount of $6,800. 4. Letter from Tax Collector's Office stating that the 1967-6B tax has been oaid in full. The map is submitted for filing by the Western Title and Guaranty Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SALdER Public i!'orkii Ditorj , By V. L. Cl a --• ` Assistant Public Works Director Highway Planning VLC:mj cc: Title Co., Planning, Construction i [r� BOND NO.B-474376 PREMIUM $68.00 IMPROVEMENT SECURITY BOND (FaithfuZ Performance & Maintenance, AND Labor & Materials) (Calif. Bus. & Prof. Code §ZZ612; Contra Costa County Standard Form) Z. OBLIGATION. (Pr inczpaZ) �t,..e. ':,� T _ :; r as Principal, and ure y UNITED PACIFIC INSURANCE COMPANY a corporation organized and existing under the laws of the State of WASHINGTON and authorized to transact surety business in California, as Surety, here y jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it : (A - Faithful Performance, & Maintenance) Dollars ($ for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials ) Six Dollars ($ for the benefit of persons protected under Cal. Bus. &Prof.Code §11612. 2. RECITALS. The Principal contracted with the County on to install and pay for street, drainage, and other improvements in Subdivi- sion No. l; , as per map now being filed with the County's Recorder, and to complete said work within D'-.- from said date, all in accordance with State and local laws , rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect . No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the ,judgment. SIGNED AND SEALED on January 23, 1968 PRINCIPAL SURETY '`Z) Ij" UNIT PACIEAC INS CE COMPANY President ` By. T71tn777By Secreta" Arthur X Colour , Attorney-in-fact State of California ) ss, County of San Francisco ) (ACKNOWLEDGMENT BY SURETY) On January 23, 1968 , the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorney(s)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Surety and his/their own name(s) as its Attorneys)-in-Fact. ) June M. Okuda Notary Public for said County and State (Imp. Sec. Bond, CCC Std.Form) My coWi§S_iQ1 pypircesS temhe 19, 1970 (HP-Z5;Rev. 8-67; 200) J JUNE M. OKUDA ^* NOTARY PUBLIC-CALIFORNIA CITY AND COUNTY OF L SAN FRANCISCO f1 ACTION OF THE BOARD OF DIRECTORS OF Rheem California Land Co_ , A CORPORATION, TAKEN WITHOUT A MEETING The undersigned being all of the Directors of Rheer, California Land Co.1oany , a corporation, do hereby unanimously consent to the adoption of the following resolution: RESOLVED: That: Richard S. Rheem , President of this corporation be, and he hereby is, authorized to enter into on behalf of this corporation, a subdivision agreement with the County of Contra Costa covering Subdivision ' a0 and to execute a performance bond, labor and materials bond a�tax bond, in connection therewith, together with such other documents and instruments as may be incident thereto , DATED: January 23, 1968 CERTIFICATE OF SECRETARY I.s_Donald L. Rheem , Secretary of Rheem California Land Company , a corporation, do hereby certify and declare that the foregoing is a full, true and correct copy of a resolution adopted by action taken by unanimous written consent of the board of directors without a meeting, dated January 23, 1968 , and that the By-Lairs of this corporation authorized the directors to so act; and that said resolution is now in full force and effect. In testimony whereof, I have hereunto; set my hand and affixed the corporate seal of said corporation this 23rd_day of January , 1968 Secretary (Affix corporate sea!) EMMETr HITCHCOCK LORRAINE K. PLANZ COUNTY TREASURER-TAX COLLECTOR PRINCII-AL CLERIC. TAX COLLECTOR'S OFFICE PHONE 22B-3000 EXT_ 'a°.550 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZCALIFORNIA FIRST INSTALLMENT OF TAXES . DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF NOVEMBER ON THE TENTH DAY OF APRIL SECOND INSTALLMENT OF TAX"! February 27, 1966 SECOND INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF DECEMBER This will certify that I have examined the Trap of the proposed subdivision entitled: TRACT N0. 3660 and have determined from the official tax records that there are no unpaid county taxes heretofore levied on the property included in the map. The current x-66 tax lien has been paid in full. �'TT H COCK Redemptio Officer By; t Ply dl In the Board of Supervisors of Control Costa County, State of California an 20 t% In the Maar of Cash Deposits re Subdivisions 3681 and 3682, Burton Area. On the recommendation of the Public Yorks Director and good cause appearing therefor; On motion of Supervisor J. P. Kenny, seconded by Supervisor E. A. Linscheld, IT IS BY THE BOARD ORDERED that: 1 . Board Order adopted May 6, 1969 authorizing the release of $500 cash surety (Auditor's Receipt No. 59354 dated June 30, 1967) under the Subdivision Agreement for Subdivision 3681 to Russell J. Bruzzone, 899 Hope Lane, Lafayette, California, is RESCINDED; and 2. The Public Works Director is AUTHORIZED to refund to Burton Bollinger Properties the $500 cash surety of Subdivision 3682, ,Auditor's Receipt No. 59354 dated June 30, 1967. The foregoing order was passed by the following vote of the Board: AYES: Supervisors James P. Kenny, Alfred M. Dias, Edmund A. Linscheid, James E. Moriarty. NOES: None. ABSENT: Supervisor Thomas John Coll. I hereby certiflr shat the forapo is a true and carred copy of an order enarad an the wbrAn of said Board of Supervisors an N+e date aforesaid. Witness my hand and the Seal of the Boord of cc: Pub)i c Works (2) Supervisors Subdivider affixed this 20th of May , 1% 9 W. T. PAASCt6 Clark By. �J�.c DepMy CIA Mildred 0. Ballard N 247/6*10M In the Board of Supervisors of Contra Costa County, State of California May 6 M the Mater of Releasing Cash Deposit, as Required under Ordinance 1430 re Subdivision 36$1,, Burton Area. On recommendation of the Public .forks Director and on motion of Supervisor T. J. Coll, seconded by Supervisor J. . P. Kenny, iT IS 3Y THE BOARD ORDERED that the Public Works Director is ALTK=jRIZED to refund to Russell J. Bruzzone, 899 Hope Lane, Lafayette, California, the $$500 cash deposit as surety under the Subdivision Agreement for Tract 3631, %rton area, as evidenced by Auditor's Receipt No. 59354 dated June 30, 1967, said di;r,osit having been retained when the improvements Were declared completed .rune ll, 1969 to guarantee correction of minor deficiencies, now completed. The foregoing order was passed by the following vote of the 3oard: AYES: Supervisors James P. Kenny, Alfred M. Dias, Thomas John .Coll, Edmund A. Linscheid, James E. Moriarty. NOES., Kone. ABSENT: None. 1 hereby certify that the foregoing is a true and correct copy of on order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 6thday of May . 196 c c: Public Works (2 11 W. T. PAASCH Clerk Sus. � Ser v. Div. YID. ��e.��..(:c. Subdivider By Deputy Clerk Anne ':. Mc;iorley H 24 7/W10M s IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTr, STATE OF CALIFORNIA 1 In the Matter of Completion } of improvements and declaring ) certain roads as _ County ; RESOLUTION N0. 68/379 roads. . F WHEREAS, the Pu t�iic Works Di at ha inngg o fed his Board of the completion iffli �v�i$�i� iem�fllfdi ffg 6o inafter listed as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map, Tract 3681, Burton area ; i NOW, THEREFORE, BE IT RESOLVED that the improvements in �y the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement Tract 36819 Burton area June 299 1967 (Argonaut Insurance Company - Bond No. 116935) BE IT FURTHER RESOLVED that the $500 cash deposit (Auditor' s Receipt No. 59354 dated June 30, 1967) as surety. under the Subdivision Agreement is to be retained to insure completion of said deficiencies. b BE IT FURTHER RESOLVED that the hereinafter described roach, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same as& accepted and declared to be ._ County roads of Contra Costa County: LOWELL LANE SILVERADO DRIVE as shown and dedicated for public use on the map of Subdivision 3681 filen July 6, 1967 in Book 116 of Maps at Page 209 Records of Contra Costa County, State of California. PASSED AND ADOPTED this lith day of June , 196 , ti by the following vote of the Board: AYES: Supervisors James P. Kenny, James E. Moriarty, Thomas John Coll, Edmund A. Linscheid, NOES: None. ABSENT: Supervisor Alfred M. Dias. RESOLUTION N0. 68/379 Form #23.3 i t i f I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution entered on the minutes of said Board of Super- } f visors on the 11th day of June , 196 8 Witness my hand and the Seal of the Board of Supervisors affiked this 11thday of June , 196$. I. W. T. PAASCHO CLERK n e MIldCred 0. Ballard, Deputy Clerk s { • i t s l cc: Public Works (4) Bus. do Serv. Div. Administrator Heeorder(2) Subdivider : IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract No. 3681, Burton area. ) RESOLUTION NO. 67/w WHEREAS a map entitled Tract �� , property located in the having beeFresented to this Board for approva , map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the Current 1966-1967 tax lien hes been paid in f u31, and that, the 1%7-1968 tax lim, which became a lien an the first Monday of March, 1967, to est:acted to be $6,300, and Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4. Title 8, of the County Ordinance Code; Sureir Bonds issued by the Argonaut Insurance Campauiy with Russell J. Brussons, Inc. as principal, as follows No. 116935 in the amount of $39,300 for Faithful Performance, and $39,800 Labor and Materials to guarantee cospletion of road and street imprormaato. $5W Dash deposit (Auditor's Permit No. 59354 dated June 30, 15967h Tax bond No. 113934 in the mount of $6,300 guaranteeing payment of estimated 1967-1968 tax; $1,990 inspection fee. Subdivision agreement between �„-�„ J� n _T— subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete road and street improvements, etc., in said subdivision within _2ML_ year from the date of said agreement; RESOLUTION N0. 67/469 Form #23 NOW, THEREFORE, BE IT RESOLVED- that said bo and the amounts— thereof be and the same are re y BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the ��yyyy��_Chairman of this Board is authorized to execute said agreements: BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept on behalf of the public any of-the streets, roads, avenues, or easements shwin thereon as dedicated to public use. PASSED AND ADOPTED this r�_ day of ,tu11 , 1962., by the following vote of the Board: AYES: Supervisors James P. Kenny, Jams E. Moriarty, Thomas John Coll, Alfred M. Dias. NOES: None ABSENT: Supervisor Edmund A. Linscheid. CERTIFIED COPY I certify that this is a full, true 49- correct copy of the original document which is on file in my office. and that it was p ssed £� Adorfed b, tho Board of Supervisors of Contra C-(?Ft'. ('()U :.t' OnYfornia., or the date sliov n. "T'�I::�'r'. .. T. t?'\,A:})';. county clerk&e::-officio clerk of said£card of Supervisors, by deputy clerk. Lbn ,�f/�6 ' cc: Public Warks (3) Highway Planning Subdivider Title Company PMOLUTzoN No. 67/469 I PUBLIC WORKS DEPARTMENT VICTOR SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR, ADMINISTRATION BUILDING MARTINEZ, CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR July 5, 1967 Subdivision 3681 LR Honorable Board of Supervisors Administration Building &IL 5 1 7 Martinez, California � PAApSCHT, CLERK BOARD CF pJCOUNTY9 Gentlemen: ONTRA 0- y♦ DeGatY B y There is submitted for your approval the map of Subdivision in Supervisorial District III in the Burton area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is June 29, 1968. 2. A Surety Bond in the amount of $39,300 and a $500 cash deposit (Auditor's Permit No. 59354 dated June 30, 1967) which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and materials Bond in the amount of $39,800. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1967-68 tax, which became a lien on the first Monday of March, 1967 is estimated to be $6,300. 5. Tax Bond in the amount of $6,300 guaranteeing payment of estimated 1967-68 tax. The map is submitted for filing by Western Title Guaranty Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAUER Public Works DirecIor By — & V. Cline Assistant Public Works Director Highway Planning ULC:ct cc: Title Company Planning Department Construction Division EMMETT HITCHCOCK LORiIA1N� K. PLANZ COUNTY TREASURER-TAX COLLECTOR PRINCIPAL CLERK TAX COLLECTOR'S OFFICE PHONE 220-3000 EXT. 385-700-301 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA FIRST INSTALLMENT OF TAXES DUE ANO PAPA}LE DELINQUENT ON THE FIRST DAY OF NOVENSER ON THE TENTH DAY OF APRIL SECOND INSTALLMENT OF TAXES Say 24, 1967 5ECOND INSTALLMENT OF TAXES DUE AND PAYASILE DELINQUENT ON THE FIRST DAY OF P99RUARY ON THE TENTH DAY OF DECRMSER F I L E D JUL5 -.1967 IN, T. PAASCH coax Rnw) rF �)Y`T_' 7A �pI/N>v ry fIC... 2191(Y This will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 3621 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the slap. The current 1966-67 tleugcb71�2n has been paid in full. Our estimte of the tax lien, which became a lien on the first Nonday of March 1967 is $ 6,,300,00_. EMMETT HITCHCOCK Redemption Officer By: t-Deputf dl BOND NO. 113934 F I LED BOND AGAINST TAXES JUL5 -196/7 KNOW ALL MEN BY THESE PRESENTS: 1%1. T. PAASCH A Gc4Zpa -M rjg)ARp CF SUPERVISORS rtc THAT �y55E(.L.I..C��2JZZot.�t: �I►JC. , �Ti � couwzyevatr and (Surety) ARGONAUT INSURANCE COMPANY , a corporation organized and existing under the laws of the State of California and authorized to transact surety business in California as surety are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of Six TNCVSIAI`lU TA4zice wt op?. D Dollars ($ G I300.co ), to be paid to the said County of Contra Costa, for the payment of which well and truly to be made, we and each of us bind ourselves, our heirs, executors, administrators and successors, jointly and severa113 , firmly by these presents. Sealed -with our seals and dated this 29th day of June , 19 67 • The conditions of the above obligation is such that WHEREAS, the above bounded principal is about to file a map entitled rap►x.15 10 tJ 3C� 8 1 F and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said Tract of land covered by said map, which-taxes and special assessments collected as taxes, are not as yet due or payable. NOW, THEREFORE, if the said VtV_i t,50 1 PA L. r _ shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said map, at the time of the filing of said map of said Tract, then this obligation shall be void and of no effect. Otherwise it shall re- main in full force and effect. SEt_1, J, $ZJZZ3w3� iNo , CIO t[PcQAT l nQ Qu55Eu.. a�OL' t P c a 1 ' '1?P.�Stt�G,r•YT AR ONAUT_INSUR CE COMPANY ur t ACKNOWLEDGEMENT John R. Lamberson, Attorney-in- (BY SURETY) State of California ) County of ) County in which acknowledgement is taken On , before me, , a Notary Public, in and for said County and State, personally appeared known to me to be of the corporation that executed the within instrument and also known to me to be the person who executed it on behalf of such corporation and acknowledged to me that such corporation executed the withinjinstrument pursuant to its by-laws or a resolution of its board of directors. n aCd1tion to Slgnauurle type or prTnt name of notary NOTARY PUBLIC State of California ss: County of So Fi'alusciico On this 29th day of_ Tune , 19 67 , before me personally appeared JOHN R. LAMBERSON known to me to be an Attorney-in-Fact of Argonaut Insurance Company, the corporation described in the within instrument, and he acknowledged to me that he executed the within instrument as the act of the said Argonaut Insurance Company in accordance with authority duly conferre on him by said Company. + \ OFFICIAL, SEAL l NOTARY PUBLIC TOMI LOU KENT TOMI LOU KENT NOTA3Y PUSUC CALIFORNIA 7 PRINCIPAL OFFICE IN SAN FRAUCISCO COUNTY YMambes ldi 3ft Aly Commission Expires aat CJ "'777ddd■�� IMPROVEP4ENT SECURITY BOND JUL5 -1967 (Faithful Performance, AND Labor & Matepial ) W. Y. PAASCH (Calif. Bus. & Prof. Code Sec. 11612; Contra Costa CounthAc +Tvs 1. OBLIGATION. 0046c1-i J. GrZJZZDO 10e. °y` " °t9t1 Y and (Surety) ARGONAUT INSURANCE COMPANY _ a corporation organized and existing under the lairs of the State of California and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance) T(A t wry N tJc% "`444 SAND THe� 000DQED Dollars ( 30 0.°O ) for itself or any City-assignee pursuant to the subdivision contract referred to below, plus (B - Labor & Materials) -ra,er-1 0106 Tt4Q0SA0b &ia�Ar Dollars (v311 °C ) for the use and benefit of persons entitled thereto under California Business and Professions Code Section 11612. 2. RECITALS. The Principal contracted with the County on June 29, 1967 to install and pay for street improvements, tract drainage, and other improve- ments as required by the County's Ordinance Code and the approved improvement plan of Subdivision No. hso as per map now being filed with the County's Recorder, and to complete said work within c>OF yt q(` from said date, in accordance with applicable State laws, County ordinances and rulings thereunder. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent to make such alterations without further notice to or consent by Surety is hereby given; and the Surety hereby waives the provisions of Calif. Civil Code Sec. 2819, and holds itself bound trithout regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney's fees as fixed by the court to be taxed as costs and included in the judgment. SIGNED AND SEALED on June 29, 1967 PRINCIPAL SURETY Rv55t=1�., J. ARGONAUT INSUR CE COMPANY A tZP 2A T�a By B . �e0 o n R. Lamberson Attorne -in- State of California County of ss' (ACKNOWLEDMP ENT BY SURETY) On the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorney(s)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Surety and his/their own name(s) as its Attorneys)-in-Fact. Notary Public for said County and State Imp. Sec.Bond,CCC Std.Form) HP-15;Rev.8-64;500) e of Califomia j ss: unty of MWFt>incisca .fin this 29th day ofe� 19 67, before me personally appeared JOHN R. LAMBERSON known to me to be an Attorney-in-Fact of Argonaut Insurance Company, the corporation described in the within instrument, and he acknowledged to me that he executed the within instrument as the act of the said Argonaut Insurance Company in accordance with authority duly conferred upon him by said Company. OFFICIAL SEAL rJOTAi?r GUHLt + TOMt SOU KENT TOMI LOU KENT NOTARY PUBLIC CALIFORNIA PAINCIPAL CF%IC£ IN SAN FRANCISCO COU4TY y Commission ExpiresP FtD-451 LLZ DA r SUBDIVISION AGREEMENT JUL S -1967 (Bus. & Prof. Code Secs. 11611 & 11612) 11f. T. PAASCH (Contra Costa County Standard Form) + CLM. SOW OF WTEInSM Q�NTA Oe iry ' rr GrLi�-4 W Deputy t I. Parties and Purpose. The County of Contra Costa., c�2� - subdivision of the State of California, hereinafter called "County", and T0SS&_LL J Z7!c� G A- coiePo2ATja.3 hereinafter called "Subdivider", mutually agree that Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs and fire hydrants, and all improvements as required by the County Ordinance Code, as amended, especially Divi- sion 4 of Title 8 (Sections 8400 and following), and all improvements required in the approved improvement plan of Subdivision 36E�,j , as per map now being filed with the County's Recorder; and Subdivider shall complete said work within 0tJ6 yCA2 from date hereof as required by the Subdivision Map Act of the State of California (Business and Professions Code Section 11500 et seq. ) , and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder. II. Costs. Subdivider shall pay when due the costs of all said improvements and work, and of relocating existing utilities when neces- sitated by said work, and of inspecting all such improvements and work. III. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. IV. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, in accordance with the provisions of Business and Professions Code Sec . 11612, deposit as security with the County: ( 1) the sum of $500 cash; together with . . . . . . . . . . . . (2) (A - Faithful Performance) additional security for at least the total estimated cost of the improvements and work less $500, to wit: TNW_T,I OW& TuoosAOD i NegE j40tJ j2Fj2 Dollars ( $ X1500-00 ) in the form of a cash deposit, a certified or cashier 's check, or an acceptable corporate surety bond guaranteeing its faithful performance (Subdiv. Agrmt. , CCC Std. Form) -1- i of this agreement, plus (B - Labor & Materials) another such additional security in the full amount of said estimated cost, to wit: 11410—TY 0106 i NdUSA.0p e 1GNr "OoDaao Dollars securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them or to the Subdivider for the improvements or work. V. Assignment. If, prior to County's acceptance of these improvements, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing it. VI. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as onecomplying with State laws and County ordinances. DATED CO OF C SUBDIVIDER: (See note below) i B `QJSSELL 4 . �i'-JZ IJP fJC. Vice- ma4of oard Supervisors A e0W_A -i c ATTEST: W. - T. PAASCH By4 County Clerk and ex-officio Clerk igna e a capaci y of the Board of Supervisors in e bu iness) By 1,�/ Deputy Pe6C;,i ot,T Note to Subdivider: ( 1) Execute acknowlegement form below; and (2) if a corporation, attach a certified copy of (a) the by-laws, or b the resolution of the Board of Directors, authorizing execution of this contract and of the bonds required hereby. State of California ) (Acknowlegement by Corporation_ County of ss Partnership or Individual) On the person( s) whose name( s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. Notary Public for said County an tate (Subdiv. Agrmt. CCC Std. Form) HP-9; Rev. 8-6�t;500) FORM hppicdVEII F L E JUL5 -1907 W1. T. PAASCH CLERK MARD CF Ltl"pv t"45 ACTION OF THE BOARD OF DIRECTO 'y �� :r OF LW55E"J• 7_7 j3xJEr, I OC.., A CORPORATION, TAKEN WITHOUT A MEETING The undersigned being all of the Directors of �j1,L J.�QyZZp�36 1130_ , a corporation, do hereby unanimously consent to thea option of the following resolution: RESOLVED. That V4j6SEu, 3.90ozwAa President of this corporation be, and he hereby is, authorized to enter into on behalf of this corporation, a subdivision agreement with the County of Contra Costa covering Subdivision ;6j1 and to execute a performance bond, labor and materials bond and tax bond, in connection therewith, together with such other documents and instruments as may be incident thereto , DATED: CERTIFICATE OF SECRETARY I, JOAO E - 82022ZopJE , Secretary of 1C9SrE,L J. Eeoz'7 oa o► 'a- a corporation, do hereby certify and declare that the foregoing is a full, true and correct copy of a resolution adopted by action taken by unanimous written consent of the board of directors without a .meeting, dated JUui 7-q _ IR67 , and that the By-Laws of this corporation authorized the directors to so act; and that said resolution is noir in full force and effect. In testimony whereof, I have hereunto: set my hand and affixed the corporate seal of said corporation this ZR day of %10 de , Se etary (Affix corporate sea!) 0 In the Board of Supervisors Of Contra Costa County, State of Colifomia May 20 in die Mow of Cash Deposits re Subdivisions 3681 and 3682, Burton Area. On the recommendation of the Public Yorks Director and good cause appearing therefor; On motion of Supervisor J. P. Kenny, seconded by Supervisor E. A. Linscheid, IT IS BY 7HE BOARD ORDERED that: 1 . Board Order adopted May 6, 1969 authorizing the release of $500 cash surety (Auditor's Receipt No. 59354 dated June 30, 1967) under the Subdivision Agreement for Subdivision 3681 to Russell J. Bruzzone, 899 Hope Lane, Lafayette, California, is RESCINDED; and 2. The Public Works Director is AUTHORIZED to refund to Burton Bollinger Properties the $500 cash surety of Subdivision 3682, ,Auditor's Receipt No. 59354 dated June 30, 1967. The foregoing order was passed by the following vote of the Board: AYES: Supervisors James P. Kenny, Alfred M. Dias, Edmund A. Linscheid, James E. Moriarty. NOES: None. ABSENT: Supervisor Thomas John Coll. 1 hereby certify That the foregoing is a true and correct copy of on order eeMed on the �MwNa of said Board of Supervisors on The date aforesaid Witness my hand and the Sed of the Board of cc: Pub 1 i c Works (2) Supervisors Subdivider affixed this 20th day of May , 1% 9 W. T. PAW", Chid: By . Depuly Clerk Mildred 0. Ballard H 24-7/W1G1 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTYs STATE OF CALIFORNIA In the Matter of Completion ) of Improvements in Tract ; RESOLUTION NO. 68/380 36829 Burton Area. WHEREAS the Public Works Director having notified this Board of the completion of improvements in Subdivision 36829 Burton areas as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in \ the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: \ Subdivision Date of Agreement Tract 3682. Burton Area June 299 1967 (Argonaut Insurance Company - Bond No. 116936) J BE IT FURTHER RBSOLVED that the Public Works Director Is AUTHORIZED to refund to Russell Bruzzoneq 899 Hope Lane. Lafayette, California, $500 cash deposit as surety under the Sub- division Agreements as evidenced by Auditors Receipt No. 59354 dated June 309 1967, PASSED AND ADOPTED this 11th day of June. 1968 by the b following vote of the Board: AYES: Supervisors Janes P. Kenny, Jades E., Moriarty, Thomas John Coll, Edmund A. Linsoheld, NOES: None, ABSENT: Supervisor Alfred M. Dias. oa: Public Works (4) Bus. A Ser►, Div. CERTIFIED COPY Administrator i certify that this is a frill, true & correct copy of Recorder (2) Subdivider the origi^ai t?o ;�*ner,; ';' %� is m_l file in mit offtee, Mrd that .4. .4 = ' a:. `.c:'. '., ,he Board of C ,-'ornia, on T. Pa_ASCH, county clerk of said Board of Supervisors, byyi�,deputy- clerk. 41 RESOLUTION N0. 68/380 9i . • -C IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract No. 3682, Burton area. ) RESOLUTION NO. 67/470 WHEREAS a map entitled Tract 2682 , property located in the Burban area , having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there, are no unpaid County taxes heretofore levied on the property included in the map, and that the currant 1966-1967 tae lien has been paid in lull and that the 1967-1968 tax lies, which became a lien on the first Monday of March, 1967 is estimated to be $5,5001 and Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4. Title 8, of the County Ordinance Code; Surety Bonds issued by the Arganaut Insuraws Company with Russell J. Brussone as principal, as follow: No. 116936 in the amount of $6,200 for Faithful Pertbrmaaoo, and $6,700 Labor and Materials to Ruarantes oompletion of road and street improvements. $500 mob deposit (Auditor's Pernit No. 59354 dated June 30, 1967)1 Tax bond No. 116937 in the mount of $5,500 dnaranteeing payment of estimated 1967-1968 tax4 $335 inspection fee. Subdivision agreement between Russell J. Brnssons subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete road and street improvements, etc., in said subdivision within one year from the date of said agreement; RESOLUTION NO. 67/470 Form #23 NOW, THEREFORE, BE IT RESOLVED* that said bond s mW and the amountL thereof be and the same are hereby BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the U eChairman of this Board is authorized to execute said agreemenn BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept on behalf of the public any of,the streeta, roada, an sues, or easements shown thereon as dedicated to public use. PASSED AND ADOPTED this 5th day of Juin , 1963, by the following vote of the Board: AYES: Supervisors Jmea P. Kenny, Janes E. Moriartiy, Thomas John Coll, Alfred M. Daae. NOES: Nonr. ABSENT: Supervisor, Edaund A. Limcheid. CE,11TEETIED COPY I certify that this is a full, true 8. correct copy of the original document which is oil file in my offic�' and that it was rassed & a0o;!`ea b,, the Board Supervisors of Coni s^ f .,,,i,o (;Cunt", Caii`orznia, c the date shoe-rn. n"TEST: "T. T. Pti+-SCII, coun, clerk&eV-officio clerk of said Board of Supervisors, by deputy clerk. cc: Public Works (3) _0&;e Highway Planning on Subdivider Title Company RESOLUTION N0. 67/1170 PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F. R. PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLICLIC WOR WORKS DIRECTOR ROAD COMM ISSIONER.SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR July 5, 1967 Subdivision 3687 - Honorable Board of Supervisors I L E D Administration Building JUL5 -.1967 Martinez, California W. T. PAA&CH CLEW HARD CF CUPERVISORS Gentlemen: AN, 0 fA JM" C J "Ora Ity There is submitted for your approval the map of Subdivision 3682 in Supervisorial District III in the Burton area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is June 29, 1968. 2. A Surety Bond in the amount of $6,200 and a $500 cash deposit (Auditor's Permit No. 59354 dated June 30, 1967) which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond in the amount of $6,700. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1967-68 tax, which became a lien on the first Monday of March, 1967 is estimated to be $5,500. 5. Tax Bond in the amount of $5,500 guaranteeing payment of estimated 1967-68 tax. The map is submitted for filing by Western Title Guaranty Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAUER Public Works Director $y L. Cling Assistant Public Works Director Highway Planning VLC:ct cc: Title Company Planning Department Construction Division w EMMETT HITCHCOCK LORRAINE K. PLANZ COUNTY TREASURER-TAX COLLECTOR PRINCIPAL CLERK TAX COLLECTOR'S OFFICE PHONE 226•3000 EXT. 365.366.367 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA FIRST INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF NOVEMBER ON THE TENTH DAY OF APRIL SECOND INSTALLMENT OF DUE AND PAYABLE TAX" June 29, 196; SECOND INSTALLMENT OF TAXES DELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF DECEMBER This will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 3682 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1966- 7 tax lien has been paid in full. Our estirste of the 1967-68 tax lien, which became a lien on the first Monday of March 1967, is $ 5z500.00 . MOW" HITCHCOCK Redemption Officer By: 'Deputy F I L ED dl JUL5 - 19617 Veruty W. T. PAA8CH CLE?K EOAII9 CF SUPERVISORS aY TR� A C N71 FIL BOND AGAINST TAXES JUL — a•y�7 %V. T. PAASCH KNOW ALL DIEN BY THESE PRESENTS: THAT `ZU r56 LL 3. -?;,k-2_JZZoQG and (Surety) AgGONAUT INSUgANCE COMPANY , a corporation organized and existing under the laws of the State of California and authorized to transact surety business in California as surety are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of 1 000 SAND P1 VE U JN DV2gv Dollars ($ �, o�• C" ), to be paid to the said County of Contra Costa, for the payment of which well and truly to be made, we and each of us bind ourselves, our heirs, executors, administrators and successors, jointly and severally , firmly by these presents, Sealed -with our seals and dated this 29th day of JIMP , 19 67 . The conditions of the above obligation is such that WHEREAS, the above bounded principal is about to file a map entitled T and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said Tract of land covered by said map, which taxes and special assessments collected as taxes, are not as yet due or payable. NOW, THEREFORE, if the said -FV.tFjC-t PA L_ _ shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said map, at the time of the filing of said map of said Tract, then this obligation- shall be void and of no effect. Otherwise it shall re- main in full force and effect, inM pa ARGONAUT INSInANCE COMPANY Su e y • ACKNOWLEDGEtIENTJohn Lamberson. Attorney-in- ac (BY SURETY) State of California ) County of ) County in which acknowledgement s taken On , before me, , a Notary Public, in and for said County and State, personally appeared known to me to be of the corporation that executed the within ns rumens and also known to me to be the person who executed it on behalf of such corporation and acknowledged to me that such corporation executed the withinfinstrument pursuant to its by-laws or a resolution of its board of directors. In affaltion n e type or print name of notary NOTARY PUBLIC iy State of Califamia County of ban FYaaclaw On this 29th day of June 19 67, before me personally appeared JOHN R. LAMBERSON known to me to be an Attorney-in-Fact of Argonaut Insurance Company, the corporation described in the within instrument, and he acknowledged to me that he executed the within instrument as the act of the said Argonaut Insurance Company in accordance with authority duly confe7dn him by said Company. , S , -- 0FFICIAL FFAI. NOTA.A vU 13L.IC . +�� TOMI LOU KENT -1UMI LOU Off "SU NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN SAN FRANCISCO COUNTY NoveMba 14 IM My Commission Expires FID-BSI • BOND NO. 116936' IMPROVEMENT SECURITY BOND (Faithful Performance, AND Labor & Materials) (Calif. Bus. & Prof. Code Sec. 11612; Contra Costa County Standard Form) 1. OBLIGATION. _ZuSSEA._i_. -J . j?,ZJ ZZ.J F.1E as Principal, and (Surety) ARGONAUT INSURANCE COMPANY a corporation organized and existing under the laws of the State of California and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance) X 44 C)Qe,Pxj7 TujO f400D Dollars ($ 6 ZOO.a" ) for itself or any City-assignee pursuant to the subdivision contrac' t referred to below, plus (B - Labor & Materials) 61X TNdUSA OD �5"E_-P H tj00P_eD Dollars ($ G.ID O.°o ) for the use and benefit of persons entitled thereto under California Business and Professions Code Section 11612. 2. RECITALS. The Principal contracted with the County on June 29, 1967 to install and pay for street improvements, tract drainage, and other improve- ments as required by the County's Ordinance Code and the approved improvement plan of Subdivision No. 3($Z , as per map now being filed with the County's Recorder, and to complete said work within CX_)ie7 yf=AjZ__ from said date, in accordance with applicable State laws, County ordinances and rulings thereunder. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent to make such alterations without further notice to or consent by Surety is hereby given; and the Surety hereby waives the provisions of Calif. Civil Code Sec. 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney's fees as fixed by the court to be taxed as costs and included in the judgment. SIGNED AND SEALED on June 29, 1967 PRI AL SURETY AR ONAU By. ,. SUR E COMPANY = ji State of California County of ss. (ACKNO:dLEDGPENT BY SURETY) •n the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorney(s)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Surety and his/their own name(s) as its Attorhey(s)-in-Fact. Notary Public fo i C nt n to RImp. Sec.Bond,CCC Std.Form) am P-l5;Rev.8-64;5OO) W, T. PAASCH CLOAK 009 CP t0tAYI§CAS N r."4}t IJkTV 01r State of California ss: County of AaII Ftaac3sco On this 29th day of Tune 19-6-7- , before me personally appeared JOHN R. LAMBERSON known to me to be an Attorney-in-Fact of Argonaut Insurance Company, the corporation described in the within instrument, and he acknowledged to me that he executed the within instrument as the act of the said Argonaut Insurance Company in accordance with authority duty conferre pan him by said Company. . CFFII'IAI. SEAL OM[ LOU nl il— Nos F+u Ic It TiJt:it LOU KENT NOTAR, PUBLIC CALIFORNIA PRit4CIPAL CFFtCE IN SAN FRANCISCO COUNTY MovenibW 16, 19N My Commission Expires FID-DSI _ i I LED SUBDIVISION AGREEMENT JUL5 -.19c7 (Bus. & Prof. Code Secs. 116611 & 11612 W. T. PAASCH CLERK EOM CF �3?C_?`11Sr;n= ( Contra Costa County Standard Form) yRA C r 0U`jTI EKY . e;mty I. Parties and Purpose. The County of Contra Costa,' a political subdivision of the State of California, hereinafter called "County", and 12U'SSe LL J . 0-00-Z.Z0tJ� hereinafter called "Subdivider", mutually agree that Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs and fire hydrants, and all improvements as required by the County Ordinance Code, as amended, especially Divi- sion 4 of Title 8 (Sections 8 +00 and following), and all improvements required in the approved improvement plan of Subdivision as per map now being filed with the County's Recorder; and Subdivider shall complete said work within p►J C from date hereof as required by the Subdivision Map Act of the State of California (Business and Professions Code Section 11500 et seq. ), and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder. II. Costs. Subdivider shall pay when due the costs of all said improvements and work, and of relocating existing utilities when neces- sitated by said work, and of inspecting all such improvements and work. III. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. IV. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, in accordance with the provisions of Business and Professions Code Sec. 11612, deposit as security with the County: ( 1) the sum of $500 cash; together with . . . . . . . . . . . . ( 2) (A - Faithful Performance) additional security for at least the total estimated cost of the improvements and work less $500, to wit: S 1 X Tµ-OOGA&AD �rWD P OODIWt7 Dollars ( $ & Zoo . 00 ) in the form of a cash deposit, a certified or cashier 's check, or an acceptable corporate surety bond guaranteeing its faithful performance (Subdiv. Agrmt. , CCC Std. Form) -1- of this agreement, plus (B - Labor & Materials) another such additional security in the full amount of said estimated cost, to wit: SiX. �Oy5A1•�A S�J��J {-Iy�JD2Ci� Dollars ( $ (o 1-700.00 securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them or to the Subdivider for the improvements or work. V. Assignment. If, prior to County's acceptance of these improvements, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing it. VI. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as onecomplying with State laws and County ordinances, DATED June 29, 1967 COUN OF SUBDI DER: (See note below) ABV /// c7� U,� 0_,rr *han ofthe,-Board 9,f Supervisors ATTEST: w. - T, PAASCH By County Clerk and ex-officio Clerk (Designate Ofricial capaci y of the Board of Supervisors in the business) BY 6 C(.ctZ Deputy Note to Subdivider: ( 1) Execute acknowlegement form below; and �2� if a corporation, attach a certified copy of (a) the by-laws, or b the resolution of the Board of Directors, authorizing execution of this contract and of the bonds required hereby. State of California ) (Acknowlegement by Corporation County of ss Partnership or Individual) On , the person( s) whose name( s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. Notary Public for said County an tate (Subdiv. Agrmt. CCC Std. Form) (HP-9; Rev. 8-64500) Y ..-...........,,gyp IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Proposed Abandonment ) RESOLUTION NO. 68/327 of a Portion of a Drainage Easement, ) Liz 4 , Subdivision 3683, Burton Area ) (Gov. C. §§50438, 50440, 50441) RESOLUTION AND NOTICE OF INTENTION TO ABANDON A PORTION OF A DRAINAGE EASEMENT, LOT 4, SUBDIVISION 360083, BURTi VOiv AREA The Board of Supervisors of Contra Costa County RESOLVES THAT: Pursuant to Government Code Sections 50430 et seq. Clacations of Easements) , this Board declares its intention to abandon the hereinafter described drainage easement. At 10 a.m. , on Tuesday, June 25, 1968, in the Chambers of the Board of Supervisors , Administration Building, Martinez, California, this Board will conduct a public hearing on the proposed abandonment. At this hearing any interested party may offer evidence as to whether said drainage easement is unnecessary for present or prospective public use. ':'his matter is referred to the Planning Commission for report prior to the hearing. The Clerk of this Board is hereby directed to publish notice of this matter in t1he "Lafayette Sun," a newspaper of general circulation published in this County and which is desig- nated as the newspaper most likely to give notice to persons interested in the proposed abandonment. The notice will be published for at least two successive weeks prior to said hearing and will be posted conspicuously along the line of said easement at least two weeks prior to the hearing. The description of the portion of the drainage easement proposed to be abandoned is as follows : "A portion of Lot 4 of Subdivision No. 3683, Contra Costa County, California, as filed in Book 116 of Maps at page 17, more particularly described as follows : "Beginning at a point on the westerly line of the drainage easement shown along the easterly side of said Lot 4 which point bears North 10 38' 56" East 28.00 feet from the northerly line of Contessa Court; thence, from said point of beginning, North RESOLUTION NO. 68/327 -1- tj t. f .<.�. i. a o �► the westerly line of t ' 56 . East, along 20.$4 feet; thence, leaving said drainage easement, 20.84 l0 05' 57" East 20.86 ` said westerly line feet; thence North 880it21' 04" West 1.00 foot to the point of beginning . i PASSED AND ADOPTED on May 21, 19689 by this Board. I 66Ailfit tht§ iii it tilt. true &c correct copy of thi! brlgl3sJ doujiltient wh(eh is on file in my office, aiiII fli C. ;t .,as �issod P• vloEtitecl �?,- the Board of S+iia i=:'••n::s �3f Cor:tr '.'�~t•: i_`oun`y, GaIifornia, on t i�3 4-ate .zho-.m. 1`.i r,:: . IV. 1". P 1 A:'CH, county or:€z e:.-officio clerk of said Board ox Supervisors, by deputy clerk. 4 , RESOLUTION NO. 68/327 _2_ MDF:bw i l IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain road as .& County RESOLUTION NO. 67/948 road. WHEREAS, the Public Works Director having notified this Board of the completion of improvements in the subdivision here- inafter listed as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map, Trent lin_ 3683 Burton ares 9 NOY9 THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of t� action under said Subdivision Agreement: �\ Subdivision Date of Aareement Tract 36839 Burton area June 299 1967 (Argonaut Insurance Company - Bond No. 116939); and the Public Works Director is AUTHORIZBD to refund to Western Title Guaranty Company, Bot 3119 Martinez, California, $500 cash 1° deposit as surety under the Subdivision Agreement, as evidenced by Auditor's Receipt No. 59354 dated June 309 1967. BE IT FURTHER RESOLVED that the hereinafter described . road 9 having been heretofore dedicated to public use by the filing s, of mip in the office of the County Recorder, be and the sue is t accepted and declared to be _p County road of Contra Costa Cly: i.� �3 CONTESSA COURT as shown and dedicated for public use an the map of Subdivision 3683 filed July 69 1967 in Book 116 of Maps at Page 169 Records of Contra Costa County, State of California. PASSED AND ADOPTED this 19th day of December , 196.29 by the following vote of the Board: eat Public Works (4) Recorder AYES: Supervisors James P. Eenny9 Alfred M. Dias, Subdivider James E. Moriarty, somas John C6119 Business A Sere. Div, Edmund A. Linseheid, Administrator NOSS: Nave. Bonding C o. cERTiFM COPY ABSENT0' None. ..iy;wnl JP[YIM!lL:e1. i. ow lr�e in n.7 d1►•4. 04 RESOLUTION NO. 67/948 d?a?.;fw e,f6 $„,«; Foram #23,*3 .*~:,. CA .. A. W. -' YAASCH c....ty J,4f d-A 4 .ail &.,J ./ j6 411h IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract No, 3683, Burton area. ) RESOLUTION NO. 6?An WHEREAS a map entitled Tract uaa , property located in the , having been presented to this Board for approve-1 sara map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the currant 1966-1967 tae lien has been paid in full and that the 1967-1968 tox lieu, tihish becae a lien on the first Konday in March, 1967 is estimated to be $193001 and Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 49 Title 8, of the County Ordinance Code; iw Bwds issued by the Argonaut Insurance Company with Douglas L. NAMW`amd Dolsr+es F. MaLsod as principal, as follows: No. 1169.39 in the amount of $21,100 for Faithful Performance Aad Abw and Matezi U to guarantee completion of road and street 500 earls deposit (Auditer's Receipt No. 59354 dated June 30, 1967)1 Tw.bend No. 116938 in the amount of $1,300 guaranteeing payment of oetimatsd 1967-1968 tax# $1,080 inspection fee. Subdivision agreement between Dsrslas L. KGJAod and Dolores F. McLeod, subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete road and street improvements, etc., . in said subdivision within ong _ year from the date of said agreement; RESOLUTION NO. 67f n Form #23 NOW, THEREFORE, BE IT RESOLVED' that said bonds and deposits and the amounts thereof be .and the same are re y BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Vice-Chairman of this Board is authorized to execute said agreeme-ET7—' BE IT FURTHER RESOLVED that said map be and' the same is hereby APPROVED and this Board does not accept on behalf of the public any of-the streets, roads, avenues, or easements shown thereon as dedicated to_ public use. PASSED AND ADOPTED this 5th day of July , 1967 , by the following vote of the Boarder ` AYES: Supervisors James P. Kenny, James E. Moriarty, Thomas John Coll, Alfred M. Dias. NOES: None. . ABSENT: Supervisor Ednund A. Linscheid. (;Eh.TIFIED COPY I certify that this is a full, true & correct copy of the original document which is on file in my office,' •�o!:ted by the Board of and that it rias 1?asyed €_ a�. on Supervisors of C:;11t••^ Cc;ap '-'ourt�. California, ty. the date, qi1^;'n• 1:i�:;T: W. �. PrNASC?�, county. clerk S e::-officio clerk of said Board of Supervisors, by eputy clerk. on cc: Public Works (3) /. ._ 7 Highway Planning Subdivider Title Company RESOLUTION NO. 67/1171 PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER•SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 226.3000 DEPUTY PUBLIC WORKS DIRECTOR July 5, 1967 Subdivision 3683 F I L ED Honorable Board of Supervisors Administration Building JUL Martinez, California ;'!. T. PAASCH i ('1171K EOAR9 CF UPOVISORS r ,. NTi? O^ COUNTV Gentlemen: C. oev ity There is submitted for your approval the map of Subdivision 3683 in Super- visorial District III in the Burton area. Accompanying this map and pertaining thereto are the fallowing documents: 1. Subdivision Agreement. Expiration date of one year time limit for com- pletion is June 29, 1968. 2. A Surety Bond in the amount of $21,100 and a cash deposit of $500 (Auditor's Receipt No. 59354 dated June 30, 1967) which amounts are re- quired to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and materials Bond in the amount of $21,600. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1967-68 tax, which became a lien an the first Monday of march, 1967 is estimated to be $1,300. 5. Tax Bond in the amount of $1,300 guaranteeing payment of estimated 1967- 68 tax. The map is submitted for filing by Western Title Guaranty Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid.- It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAUER Public Works Director By V. Cline Assistant Public Works Director Highway Planning ULC:ct cc: Title Company Planning Department Construction Division a EMMETT HITCHCOCK LORRAINE K. PLANZ COUNTY TREASURER-TAX COLLECTOR PRINCIPAL CLERK TAX COLLECTOR'S OFFICE PHONE 228.3000 EXT. 3133-350-387 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINQ, CALIFORNIA FIRST INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF NOVEMBER ON THE TENTH DAY OF APRIL SECONDDINSTALLMENT O`TAXES June 6, 1967 SECOND INSTALLMENT DELIDENT OF TAXES E AND ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF DECEMBER IL CF E D JUL5 - 1967 :�l. 7. PAASNR�Fs ' r�K F.DARO �� nRT1 Cl�l.'yTv 1 GNT,R tPll`Y Cp This will certify that I have exaeined the map of the proposed subdivision entitled: Muc T r. - 3 683 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1966-67 tax lien has been paid in full. Our estisate of the 19 tax lien, which became a lien on the first Monday of Marchi 1967+ is $ j.3 oo.00 . MQM'TT HITCHCOCK Redemption Officer • 4 . By: 7 dl BOND NO. 116939 • q E 1 ,%.*,; IMPROVEMENT SECURITY BOND �'d./Y• PAA SC�Hy�s�ca�s aithful Performance, AND Labor & Materials) D�cRK 4A 0 c0#9! & Prof. Code Sec, 11612; Contra Costa County Standard Form) �ONTR� O DePatY ey N•D3ti l a s T. t,ToT.Pr)d and Dolores F TTcT.Pnd as Principal, and (Surety) ARGONAUT INSURANCE COMPANY a corporation organized and existing under the laws of the State of California and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance) Twenty-one thousand one-hundred and no 11'),? Dollars 01.100.00 ) for itself or any City-assignee pursuant to the subdivision contract referred to below, plus (B - Labor & Materials) Twenty-one Thousand Six-hundred and No/100 Dollars ftl 600 00 ) for the use and benefit of persons entitled thereto under California Business and Professions Code Section 11612. 2. RECITALS. The Principal contracted with the County on June 29, 1967 to install and pay for street improvements, tract drainage, and other improve- ments as required by the County's Ordinance Code and the approved improvement plan of Subdivision No. ?tiP? as per map noir being filed with the County's Recorder, and to complete said work within from said date, in accordance with applicable State laws, County ordinances and rulings thereunder. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent to make such alterations without further notice to or consent by Surety is hereby given; and the Surety hereby waives the provisions of Calif. Civil Code Sec. 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney's fees as fixed by the court to be taxed as costs and included in the ,judgment. SIGNED AND SEALED on June 29, 1967 PRINC AL SURETY L A c GONAU INS ANCE C OM FANY u. 4 owes F. trlc�e�- a l on, orne - Y State of California County of ss. (ACKNOWLEDWENT BY SURETY) On the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorneys)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Surety and his/their own name(s) as its Attorneys)-in-Fact. Notary Public for said County and State �Imp. Sec.Bond,CCC Std.Form) HP-15;Rev.8-64;500) M difamia ift FnuwAsoo ss: t J{ 29th 67 Jay of June jq before me finally appeared JOHN R. LAMBERSON nn to me to be an Attorney-in-Fact of Argonaut Insurance Company, the corporation described in the within trument, and he acknowledged to me that he executed the within instrument as the act of the said Argonaut .suronce Company in accordance with authority duly conferro/ on him by said Company. =-�t!'�-4C,,'_.CAVFORNIA L `TOME LOU KENT NOTARY PuSLiCSENTNOTAV ORNIAP$AUNTY Ary Commission Expires November 16 1868 Flo-951 I LED SUBDIVISION AGREEMENT GLS -.� 'c% W. T. PAASCH (Bus. & Prof. Code Secs. 11611 & 1161 ) CtERK ccaao ca SUPEWISORS ( Contra Costa County Standard Form) [ ,AA+TRACOUNTY I. Parties and Purpose. The County of Contra Costa, a political subdivision of the State of California, hereinafter called "County", and Douglas L. McLeod and Dolores F. McLeod hereinafter called "Subdivider", mutually agree that Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs and fire hydrants, and all improvements as required by the County Ordinance Code, as amended, especially Divi- sion 4 of Title 8 (Sections 81400 and following) , and all improvements required in the approved improvement plan of Subdivision 3683 , as per map now being filed with the County 's Recorder; and Subdivider shall complete said work within One Year from date hereof as required by the Subdivision Map Act of the State of California (Business and Professions Code Section 11500 et seq. ), and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder. II. Costs. Subdivider shall pay when due the costs of all said improvements and work, and of relocating existing utilities when neces sitated by said work, and of inspecting all such improvements and work. III. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. IV. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, in accordance with the provisions of Business and Professions Code Sec. 11612, deposit as security with the County: ( 1) the sum of $500 cash; together with . . . . . . . . . . . . ( 2) (A - Faithful Performance) additional security for at least the total estimated cost of the improvements and work less $500, to wit: Tvcnty-one Thousand One-hundred and no./1')-`Dollars ( $ 21,1')0,00 ) in the form of a cash deposit, a certified or cashierts check, or an acceptable corporate surety bond guaranteeing its faithful performance (Subdiv. Agrmt. , CCC Std. Form) -1- 4! of this agreement, plus (B - Labor & Materials) another such additional security in the full amount of said estimated cost, to wit: Twenty-ore Thousand Six-hundred and no/100 Dollars ( $21,600.00 ), securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them or to the Subdivider for the improvements or work. V. Assignment. If, prior to County's acceptance of these improvements, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing it. VI. Inconsideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as onecomplying with State laws and County ordinances. DATED rune 29 1967 COUN OF CON SUBDIVIDER: (See note below) By 7� a f I c Vice n of th oard Supervisors • 1, ATTEST: W. T. PAASCH By County Clerk and ex-officio Clerk signa e Official capacity , of the Board of Supervisors nin the business) By/ �yr .4 Deputy Dolores F. McLeod Note to Subdivider: ( 1) Execute acknowlegement form below; and ( 2� if a corporation, attach a certified copy of (a) the by-laws, or (b the resolution of the Board of Directors, authorizing execution of this contract and of the bonds required hereby. �E•�F�F�E•�•�F•!E•)E 9E�F�F•3E•jE�E-1F?f••3F?Fi(-�f•�(-iF ii-aF�E#•3f•�E jF iF TE jE�F iE�f•-�3E•ff••}E#aE�E?E 9F•1F•iF�[4�f••�E jt•�F-1F�E dE iE-l�-i6.1(•1(••�•*•ll•dF•lF�l•*•�*�� State of California (Acknowlegement by Corporation_ County of ss Partnership or Individual) On the person( s) whose name( s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. Notary Public for said County and tate Subdiv. Agrmt. , CCC Std. Form) HP-9; Rev. 8-64;500) FORM AP?ROV O -2- T ' K Y T. By Deputy: ..- 1 �! BOND NO. .116938 . BOND AGAINST TAXES F I LED KNOW ALL MEN BY THESE PRESENTS: JUL S VL►: T. PAASCH THAT Douglas L. °<IcLeod and Dolores F. rIcL ogct��e� �F =S.73 _ - eY Depty and (Surety) ARGONAUT INSURANCE COMPANY , a corpora tiEn organized and existing under the laws of the State of C�ahfprn;� and authorized to transact surety business in California as surety are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of One-Thousand- Three-Hundred and Dollars to be paid to the said County of Contra Costa, for the payment of which well and truly to be made, vie and each of us bind ourselves, our heirs, executors, administrators and successors, jointly and severall3 , firmly by these presents. Sealed -with our seals and dated this 29th day of June , 19 67 The conditions of the above obligation is such that WHEREAS, the above bounded principal is about to file a map entitled Subdivision 30'33 F and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said Tract of land covered by said map, which.--.taxes and special assessments collected as taxes, are not as yet due or payable. NOW, THEREFORE, if the said Principal _ shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said map, at the time of the filing of said map of said Tract, then this obligation- shal-1 be void and of no effect. Otherwise it shal re- main in full force and effect, �' C g s McLeod Dolores F. IlcLeordincipal *RGONAUT INS MANCE COMPANY .__% - .-q Su e ty f ACKNOWLEDGEMENT (BY SURETY) John R. Lamberson, Attorney-in-Fact State of California ) County of ) County in which acknowledgement is-taken On , before me, , a Notary Public, in and for said County and State, personally appeared known to me to be o the corporation that executed the within ns rumens' and also known to me to be the person who executed it on behalf of such corporation and acknowledged to methat such corporation executed the within instrument pursuant to its by-laws or, a resolution of its board of directors. n adaltion to- signatureor print name of notary NOTARY PUBLIC State of California County of }ss: On this 29th day of June 14 67 , before me personally appeared JOHN R. LAMBERSON known to me to be an Attorney-in-Fact of Argonaut Insurance Company, the corporation described in the within instrument, and he acknowledged to me that he executed the within instrument as the act of the said Argonaut Insurance Company in accordance with authorityduly conferre on him by said Company. OFFICIAL S[AL TOW LOU KENT NOTA PU8L6C TOMI LOU KENT NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN SAN FRANCISCO COUNTY My Commission Expires Move bu 16, 1M F10-95i In the Board of Supervisors of Contra Costa County, State of California February 17 . 19 _.ZO In the Matter of Releasing Cash Deposit, Subdivision 3684, Moraga area. 1a o rk Order 6706. WHEREAS the Board on November 19, 1968 resolved that the improvements in Tract 36840 Moraga area, were completed for the purpose of establishing a terminal period for filing of liens in case of action under the Suxdivision Agreement, and accepted curtain streets for raintenance; NOW, THEREFORE, on the recommend Lion of the Public Works Director, and'..on motion of Supervisor J. P. Kenny, seconded by Supervisor J. E. Moriarty, -11-P IS BY THE BOARD ORDERED that the street and drainage improvements have successfully completed the one-year satisfactory performance period and all deficiencies de xeloping during this period have been corrected. 1T IS FUTI THER ORDERED that the Public gorks Director is AUTHORIZED to refund to Russell J. Brussone, Inc., 899 Hope Lane, Lafayette, California, the $500 cash deposit as surety under the Subdivision Agreement (Auditor's Permit Number 66352 dated May 299 1968), which was retained pursuant to Section 8429(b) of the Subdivision Ordinance Code at the time the streets were accepted. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, J. E. Moriarty: E. A. Linscheid, T. J. Coll. NOES: Nonce. ABSENT: Supervisor A. M. Diss. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the dote aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed :his1 thday of February , 19 -TO c c: Public Works (2) W. T. PAASCH, Clerk Subdivider �Lr1'1�,I/'&. _"- Deputy Clerk By ,Anne M. McSorley H 24 12/69• I0111 1 s t In the Board of Supervisors of Contra Costa County, State of California 19'�Q In the Matter of Accepting County Road, Subdivision 3684, Moraga Area. The Public Works Director having advised that a review of his department's records disclosed a portion of the right of way dedicated with the filing of map of Subdivision 3684, Moraga area, that has not been accepted as a County road; NOW, THEREFORE, on the recommendation of the Public Works Director, and on motion of Supervisor A. M. Dias, seconded by Supervisor J. E. Moriarty, IT IS BY THF BOARD IRDERED that the following is ACCEPTED as s County road: That widening of Moraga Road shown and dedicated for public use on the map of Subdivision 3684, filed June 6, 1963 in Book 121 of Maps at Page 9, Official Records of Contra Costa County• State of California. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, E. A. Linscheid, T. J. Coll. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Boord of Supervisors cc: Recorder affixed :his 3rd day of February , 19 ?�! Public Works (2) W. T. PAASCH, Clerk Administrator � By Deputy Clerk Anne M. McSorley H 24 12169- 10M ti IN THE BOARD OF SUPERVISORS OF CONTRA CW-TA COUNTY, STATE OF CALIFORNIA In the matter of Completion ) of Improvements and declaring ) 'RESOLUTION N0. 68/803 certain road s as County ) roads, Subdivision 36849 Moraga ) Area - Work Order 6706. ) WHEREAS the Public Works Director having notified this Board that Improvements have been completed. in Subdivision 36849 Moraga area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NO1,19 THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of estab- lishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Aare_= Tract 3684, Moraga area May 79 1968 j (Argonaut Insurance Company - Bond No. 117656) BE IT FURTHER RESOLVED that the $500 cash bon surety be ' RETAINED for one year pursuant to the requirements of Sectioc. I 849(a) of the Subdivision Ordinance Code as amended. -_Vf BE IT FURTHER RESOLVED that the hereinafter described road, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same an_ accepted and declared to be _ County roads of Contra Costa County: KINGSFORD DRIVE (32 feet - 0.39 mile) BEDFOED PLACE (36 feet - 0.04 mile) as shown and dedicated for public use on the map of Subdivision 3684 filed June 6, 1968 in Book 121 of Maps at Page 099 E• Official Records of Contra Costa Counter, State of California. � PAS:ED AND ADOPTED this 19th day of November , 196_9 by the following vote of the Board: AYES: Supervisors James P. Kenny, James E. Moriarty, -� Thomas John Coll, Edmund A. Linscheld, Alfred M. Dias. L NDES: None. . ABSENT: None. t- RESOLUTION NO. 68/803 Form 23.3 6/68/200 I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed. this 19th day of November 19 68 . W. T. PAASCH, CLERK By Mildred O. Ballard Deputy Clerk ccs Recorder Public Works (2) Highway Planning (2) Business A Services Division j P. W. Maintenance Division Subdivider i . i f C t t j } { 1 r RESOLUTION NO. 68/803 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) 68362 Tract 36849 Noraga Area ) RESOLUTION N0. WHEREAS a map entitled Tract 3684 , property located in the Ko a area , having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on tbye property included in the map and that the ellrrent 19671968 tax lien has been paid in M1, and that the 1968-1969 tax lien, whish because a lien on the first of Karen, 1968 is estimated to be $2,500; and Letter from the Public works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4. Title 8, of the County Ordinance Code; Surety Heeds issued by Argeaant Insur aso Cly, with Russell J. Brttszone, Ise* as prtn*ipal, as fellows: Bmd No. 1171491p900 6 in the smoant of 449.400 for lalthfrl Perferrnee, and for Labor and Katerials to g armtee eeepletion of road sed street liprovementsl $500 *ash deposit (Auditor's Reeelpt No. 66352 dated May 299 1968); Tax Bond (No. 117658) for t2,5o0 guaranteeing psyment of estimated 1968-1969 taxi Inspection Fee of 03,065. Subdivision agreement between Russell J. Bruzzow, Ince 899 Hope Lane, Lafayette, Califo subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete road and street improvements, etc., in said subdivision within one year from the date of said agreement; RESOLUTION NO. 68/362 Form #23 NOW, THEREFORE, BE IT RESOLVED that said bond and the amountjL thereof be and the same are hereby- APPROVED. BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be�a�e same is hereby APPROVED and this Board does not accept of the public w7 of the streets, roads# avenues or oaa ants show Choreas as dedicated to public use. PASSED AND ADOPTED this _Sa _ day of JW.._ _, 196_L, , by the following vote of the Board: AYES: Supe ret sora Jamas'P e Kaw o There John Coll Maund Ae LinsehoUg Alflmd N. Diase NOES: Nacre. ABSENT: Supoaisor Jaws E. Noriarl o act Public works (3) Subdivider CE1','T11'1ED- COPY I certify that this is a f,:ll, true & correct copy of tulia or!^,iral iicieUment v hiC!? is or. file in m^ office, and that !tws:; !::,cep.{T �•: adontec, t•t th-� Board of Sujv-n-v!.,cm of L o!ur% L to Count",. C,,!ifo-n:a, Olt the date she':n. A T_IES:T: W. T. county clerk«ex-officio clerk of said Board of Supervisors, by deputy clerk. on RESOLUTION NO. 68/362 Form #23, Pg. 2 A SUBDIVISION AGREEMENT (§1) Subdivision: (B. & P. Code §§1161Z-12) (§1) Subdivider: 1 Effective Date : (Contra Costa County (§1) Completion Period: Al Standard Form; 8-67) (§4) Deposits: A. (cash) 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ 2. (labor,materials) 4 9 900= Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "Count ", and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs , fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments , and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs . Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . B. Bonds, etc. : (l - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors , and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warrar.tu. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section 2 ; and if, at any time before the County' s resolution of completion for the subdivision, the improvement plan proves to be inadequate in any respect, Subdivi- der shall make changes necessary to accomplish the work as promised. IFILED if UN s -1968S W. T. PAASCH UM soft OF summsm cr CO TR 1 couNTY DWty 6. No Waiver by County. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and. conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards, commissions, officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. g. Costs. Subdivider shall pay when due all the costs of the work, incluTlng inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. 10. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. It. Assignment. If before County accepts these improvements, the subdivision annexed to a city, the County may assign to that city the County' s rights under this agreement and/or any deposit or bond securing them. 12. Record Map. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying- with State laws and County ordinances . -2- COUNTY 0 CO SUBDIVIDER: (see note beZom) By Chairn, oard o ervisors By ATTEST: W. T. PAASCH, County Clerk J(Dtgnlate offt ' a city & ex officio Clerk of the Board the busines 412 By Note to Subdivider: (Z) Execute Deputy ac now a gment form be Zow; and (2) If a corporation, attach a certified copy of (a) the by- FORM APPROVED: JOHN A. NEJEDLY Zaws or (b) the resolution of District Attor the Board of Directors, authori- zing execution of this contract By and of the bonds required hereby. Deputy State of California ) ss. (AcknowZedgment by Corporation, County of Contra Costa ) Partnership or Individual) On May 23. 1968 , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and ac- knowledged to me that he executed it and that the corporation -or partner- ship named above executed it. A. Lambert ; A. Lambert ♦ Notary Public • Contra Costa County i • State of California ••••••••••�•••••••••••*f* Notary Public for said County and 3t.ate (Subdiv. Agrmt. CCC Std. Form) 11 MMIW EoeftE is.Ia (HP-9; Rev. 8-67; 200) _3_ ACTION OF BOARD OF DIRECTORS C0R ORATIO T OUST AA MEETING The undersigned being all of the Directors of Z2 - .1,,C. a corporation, do hereby unanimously consent to theadopn of the following resolution: RESOLVED: That ,J- A&VZ?c NC , President of this corporation be, and he hereby is, au horized to enter into on behalf of this corporation, a subdivision agreement with the County of Contra Costa covering Subdivision. -"and to execute a performance bond, labor and materials bond and tax bond, in connection therewith, together with such other documents and instruments as may be incident thereto . DATED: { J o . S�?t7lit.y CERTIFICATE OF SECRETARY I, �LQ,v�, L-~. Rn_��v� , Secretary of �ccz� T 3� ,�z� r 2A,�, a corporation, do hereby certify and declare th t the foregoing is a full, true and correct copy of a resolution adopted by action taken by unanimous written consent of the board of directors without a meeting, dated M&$� � � f�d� , and that the By-Laws of this corporation authorized the directors to so act; and that said resolution is now in full -force and effect. In testimony whereof, I have hereunto; set arty hand and affixed the corporate seal of said corporation this .13 day of g.4 , -7 —° retary (Affix cor" porato sea!) PUBLIC WORKS DEPARTMENT VICTOR SAVER CONTRA COSTA COUNTY F.-R. BROWNPUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR, ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 220.3000 DEPUTY PUBLIC WORKS DIRECTOR June 3, 1968 Subdivision 3684 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3684 in Supervisorial District III in the Moraga area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is May 7, 1968. 2. A Surety Bond in the amount of $49,400.00 and a $500 cash deposit (Auditor's Receipt No. 66352 dated May 29, 1968), which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and materials Bond in the amount of $49,900. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1969 tax, which became � lien on the first Monday of march, 1968, is estimated to be $2500. 5. Tax Bond in the amount of $2500 guaranteeing payment of estimated 1969 tax. The map is submitted for filing by the Western Title and Guaranty Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAVE Public Works irector By . V. L. Cline Assistant Public Works Director JP:sm Highway Planning cc: Title Company Planning Department Construction Division 4 EMMETT HITCHCOCK LORRAINE K. PLANZ. COUNTY TRE4SURER•TAX COLLECTOR PRINCIPAL,CLERK TAX COLLECTOR'S OFFICE PHONE 228•3000 EXT. 783-980-387 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF NOVEMBER ON THE TENTH DAY DAY OF APRIL SECOND INSTALLMENT OF TAXES h 6, SECOND INSTALLMENT OF TAXES March DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF F[SRUARY ON THE TENTH DAY OF D[C[MSER Y This will certify that I have exaained the map of the proposed subdivision entitled: TRACT NO. 3684 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current _196x!-"-" tax lien has been paid in full. Our estimate of the 1960-69 tax lien, which becam a lien on the first VmwW of March �I is f 2,500.N INKE'TT HITCHCOCK Redemption Officer f By: Deputy dl F Bond No. 117656 Premium: 749.00 IM-PROVEM 1,1T S=,CUITU Y 1"J'01s1-10 (Faithful Perforrnar:ce & Aaintenance,' AND Labor & Afaterials) (CaZif. Bus. & Prof. Code §Z1612; Contra Cosa Cour:ty. Standard Form) Z. OBLIGATION. Russell J. Bruzzone, Inc., (Principal) Russell J. Bruzzone 'and* Joail F: 'Brilzzone- ' ' . • ' . ' ' . 'as Principal, and (Surety) APrn-11ATrr T„S TT b-1-f'K rQMPga?y . . . . . • . . . . . . . . . . a corporation organized and existing under the lairs of the State of ' Cali?oriiia ' - and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors , administrators, successors and assigns to the County of Contra Costa, California, to pay it : (A - Faithful Performance, & Maintenance) FORTY NINE THOUSAND FOUR HU^:DRED ARD \0,'100---------- Dollars ( .$49,400.00------ ) for itself or any City-assignee under the below-citE�l subdivision contract, plus . .(B -- Labor & Materials) FORTY NINE THOUSAND NINE IMTRED AND N01100------------------- Dollars ($49,900.00------- for the benefit of persons protected under Cal. Bus_&Prof.Code 11612. 2. RECITALS. The Principal contracted with the County on May 7. 1968 to install and pay for street, drainage, and other improvements in Subdivi- sion No. as per map now being filed with the County's Recorder, and to complete' said work within one year from said date, all in accordance with State and local laws, rulinc-s thereunder and the subdivision contract. S. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to mane such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and aor.ees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as cos-ts and included in the judgment. SIGNED AND SEALED On May 7, 1568 PIRItiCIPAL Russe Bruzzone, Inc. SURETY By:1.9 r .. ARGON I-SUtAii /Oi12ANTY • O.. . 11220 J. b 112 _e - J . `✓iclt Attorney-in- act _— State of California ) ss, County of San Francisco ) (ACKNOWLEDGi•_EN-77 BY SUP.ETY) Ori May 7, 1968 the person() whose ::a::3f!) 'slate =_`-`d --o := for Surety and who is known to me to be the for this Corporate Surety , pe--sona?_y appeared before me and acnnC. ledged to ^e tn?t heAAW signed the name of the Corporation as Surety ^nd h's/ rev own nanz--!A) as its Attorney(0)--n-Fact. ' EEVER'Y TERRY Pub, o BEVERLY TERR� _. ♦ /-: •• CI;\'.Q,l `1 5.i Francesco o • `ghn S!:;:n c; Cn:ifornia • KCtc:I'j 102' ;ir=d I:OLa'_tl f and JLai.? ••• 00•• •00•'-410 G•000.OJ CCC S t C. =a r-) My CcaT,.;s:io: Expires Scptcmher 13, 1971 • Bond No. 117658 Premium: $25.00, BOND AGAINST TAXES ALL. 1.1EN B! ^'_'•ESB PRESENTS: THAT Russell J. Bruzzone and Joan E. Bruzzone, his wife , as principal aria (Surety) ARGONAUT INSURANCE COMPANY a corporation o:.^,];,arized and existing under the lairs of the State of California and authorized to transact surety business in California as surety are e1d a.-,d firmly bound unto the County of Contra Costa, State of California, in the penal sun of TWO THOUSAND FIVE HUNDRED AND N0/100---------- --- ------------- Dollars (�2,500.00----------------), to be paid to the said County of Contra Costa, for the payment of which will and truly to be ::ade, vie and each of us bind ourselves, our heirs, executors, adminis- trators and successors, jointly and severally, firmly by these presents. Sealed with our seals and dated this 11th day of March , 19 68 . The conditions of the above obligation is such that VMREAS, the above bounded principal is about to file a map entitled subdivision 3684 and covering a scab::iaision of a tract of land in said County of Contra Costa, and t::ere aye certain liens for taxes and special assessments collectau as ;,a._es, a-ainst the said Tract of land covered by said map, ::hick tapes and special assessments collected as taxes, are not as yet due or payabl=e. if the said Russell J. Bruzzone and Joan E. Bruzzone, his wife shall pay all of taxes and special assessnen s collected as to::es which aye a lien a;;ainst said tract of lana covered by said ::yap, at the time of t^e filinS of said nap of said Tract, then this obligation shall ;,e void and of no effect. Otherwise it shall re- .Lu-1 force and effect. Joa Bruzzone (us ell J. uzzon r ncippal GONAUT OMPANY'. ure y John R. Lamberson, Attorney-in-Fact Ac:nol- ledgerient (-'Y sure ty) mom State of California My and ss: County of San FmncLco On this 11th day of March 19 before me personally appeared John R. Lamberson known to me to be an Attorney.in-Foci of Argonaut Insurance Company, the corporation described in the within instrument, and he acknowledged to me that he executed the within instrument as the act of the said Argonaut Insurance Company in accordance with authority duly conferred upon him by said Company. a�osarreoea•r+raeeeaeoce �y BEVERLY TERRY a gR'�Rt DIARY PU N013ry PuGiic f • � 0-i k.Ca ai San Panrisio e c S a!e of C;rlrfornij e • My Commbsion Expiry September 13, 1971 My Commission Expires FID-951 z I s IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain road as a County ) RESOLUTION No. 67/867 ' road. WHEREAS, the Public Works Director having notified this Board of the completion of improvements in the subdivision here- inafter listed as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map, Tract 3686, Lafayette area ; NOW, THEREFORE, BE IT RESOLVED that the improvements in, the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Attreement Tract 36869 Lafayette area July 14, 1967 (Hartford Accider_t srnd Ind, •r.ity Comoaiv - -ond o. 392111:7) And. that the Public Works Director is A THORIZ to refund to Narchant Develoument Company, 3473 i-it. Diablo ?oulevarr ,, Lafayette, 7500 cash deposit as suret,r under tr..- Subdivision AszrPeM(!1' �, as evidenced by Arta i tor' s -eceiot ::o. - 373 d= ted Jul» 25, 37. BE IT FURTHER RESOLVED that .the hereinafter described J road , having been heretofore dedicated to public use by the tiling of map .in the office of the County Recorder, be and the same ,1,`_ ti accepted and declared to be a County road of Contra Costa County: .'.:;CKEYE COU T _�s shove :nd dedicated for public use on the map of Sub- divisionx .o filed _1u ust 2, 19 ,7 i:� "wok 116 of ciaus at Page 43, Records of Contra Costa County, State of California. PASSED AND ADOPTED this -st day of :_c- _.:oe 196 7, by the following vote of the Board: cc: Recor er rks qyp: Sunev!!.,ors James P. Kenny, Alfred :. Di.� . er , _u : James F.. i ioriarty, Thomas John Coll, Edmund 1_. Linscheid. 1.d,:. : �GtratorOES None . Bonding Co. vidone. cEfta mo copy t r••ti� teat fh;r i• Joil, Irur 19 0 _f caps./[,i. RESOLUTION NO. 67/867 '/,;_ .. mr a'1 Form #23.3 t;:,t ... ; .P.; Y rP h.. :., . .. }. .r,. iatr Piz.•.... -17.' .'I: :1. ._ 3.-'..'.�:1? coun[T dark 5t rr-of�c; errr�l Of Poid Boor.,4 .y.nirorr (y *poll Clark. ■ x IN THE BOARD OF SUPSMSORS OF CONTRA COSTA COMIrr, STATE OF CALIP01MA In the Matter of Approval ) of Subdivision Kap of ) Tract No. 3686, Lafayette area. ) RESOLUTION i0. 67/536 WHEREAS a map entitled Tract No. 1686 , property located In the Lafa ette area , having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1966-1967 tax lien has been paid in full and estimate of the 1967-1968 tax lien, which became a lien on the first Monday of March, 1967, is $1,750; and Letter from the Public Yorks Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street inprovements as required by Division 4. Title 8, of the County Ordinance Code; Surety Bonds issued by the Hartford Accident and Indemnity Company with Marchant Development Co., Inc., as principal, as follows: No. 3921118 in the amount of $8,,000 for Faithful Performance and $8,500 Labor and Materials to guarantee completion of road and street Improvements. $500 cash deposit (Auditor's Receipt No. 59873 dated July 25, 1967); Tax bond No. 3921117 in the amount of $1,750 guaranteeing payment of estimated 1967-1968 tax; $1x25 inspection fee. Subdivision agreement between Marchant Development Co., Inc., subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete road and street improvements, etc., in said subdivision withinor year from the date of said agreement; RESOLUTION NO. 67/536 Fors #23 NOWT, TA iEFORE, BE IT RESOLVED that said bonds ad �,�, and the amounthowl to „ L thereof be and the saws are here ArrMUVWs BE IT FURTHER RESOLVED that said subdivision agreement , be and the same is hereby APPROVED and theChairman of this Board is authorised to execute said agr*emont�'."�` BE IT F'URTHSR RESOLVED that said nap be and the same is hereby APPROVED and this Board doe* not accept on behalf of tho public OW of this styeatr, ra%# avesww, or sao=MU shams 600M as Mdisal ed to Pima %I"* t- . PASSED AND ADOPTED this lst day of Ault , 196.L& by the lolloving-vote of the Board: r AYES: $aperl►iame Jars* P. EM1p►, Alfred K. Wass JrNss g. Koriary►j 7wase ids Coll, mawd ,T.badmid. NOES: Xoom. ABSENT: NOVAS CERTIFIED COPY I certify that this is a full, true Ji: correct copy bf ect Public works {3} Highway Planning and original document which is on file in n;,, and that it was passed & adopted by thc' Boar Subdivider Title Ga�par�I Supers°isors of contra SJ. T P ArA SCH count3 the date shaian. A'1'lEv'�: rvisors, clerk+ e�-officio clerk of said Board of Supe by deputy Clerk. r r a RESOLUTI0N NO. 67/536 Porn #23, Pg. 2 PUBLIC WORKS DEPARTMENT VICTOR W. ALISRECCR CONTRA COSTA COUNTY °RO1N" PUBLICCHIEF OCOUTY Pus LIC WORKS DIRECTOR me"COf.YtSS1ONCR.SURYSYOR CTN FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALiiORNIA 94933 R. D. °ROATCM TELEPHONE 230.3000 DEPUTY PUBLIC WORKS DIRCCTOO August 1_, 1a67 Subdivision 36 Honorable board of supervisors F I LED Administration Building AUG 11967 Martinez, California W. T. PAASCH Gentlemen: Cuo�l,9alIRD OFA 40UN YS C _._......... Deputy There is submitted for your approval the map of Subdivision 3686 in Supervisorial District III in the Lafayette area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. I*xpiration date of one year time limit for completion is July 19, 1968 2. A Surety Bond in the amount of $8,000.00 and a 3500 cash deposit (Auditor's Receipt No. 59873 dated July 25, 1967 which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. ?. Labor and Materials Bond in the amount of $8,500.00 4. Letter from Tax Collector's Office stating that there ars no unpaid County taxes on the property, and that the 1967-68 tax, which became a lien on the first Monday of March, 1967 is estimated to be $1,750. 5. Tax land in the amount of 1,750 guaranteeing payment of estimated 1967-68 tax. The map is submitted for filing by #Flu Financial Title Company under the crovisions of the County Ordinance Code and all requAred deposits end fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR '1. SAUEP public Works Director VLC:mj ?v cc& Title Company V. line Planning Department Assistant Public Works Direc or Construction Division Highway Planning Hid-26 (7-66) EMMETT HITCHCOCK LORRAINE K. PLANZ COUNTY TREASURER-TAX COLLECTOR PRINCI►AL CLERK' TAX COLLECTOR'S OFFICE PHONE 220•3000 EXT. 'B°.000 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA FIRST INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF NOVEMBER C ON THE TENTH DAY OF APRIL SECOND INSTALLMENT OF TAXES T�y 132 17LrT SECOND INSTALLMENT DELINQUENT OF TAXES DUE AND PAYABLE [i 6 ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF DECEMBER s This will certify that I have examined the map of the proposed subdivision entitled: T:-'-ACT N0. 3686 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property-included in the map. The current 1966-67 tax lien has been paid in full. Our estimate of the 196_ tax lien, which became a lien on the first Monday of March , 1_967 is = 1,750.00 . EMS= HITCHCOCK Redemption Officer I By:_ Ite) Deputy d1 FILE D AUG 1 L0F W. T. PAASCH CLEW( BOARD OF SUPER�I!IRS O.N7 � � COt�Nty Gy Otguty STATE OF CALIFORNIA COUNTY OF Contra Costa SS. On July 19, 1967 before me, the undersigned.a Notary Public in and for said State, personally appeared John P. Marchant known to me to be the President,a f the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and �� acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board Vioh M.Own of directors. WITNESS ray h d and official seal. ?� CONTRA COSTA C040m, CAUPOWM Signature ! d�r� —/ Viola M. Olsen Name (Typed or Printed) My commission expires December 23, 1967 twoCorporation 4W 1 f STATE OF CALIFORNIA 1 COUNTY OF--.._.._ALAI�DA .-.....__-- (`ss On this...-19th day of....-,July....................in the year one thousand nine hundred and....sixty-seven.-_......... before me, Marjorie R. Smith _.., a Notary Public in and for said County, residing therein, duly commissioned and sworn, personally appeared....D........................E. WINE...................................... known to me to be the Attorney-in-fact of the Hartford Accident and Indemnity Company, the Corporation described in and that executed the within instrument, and - MAR1ORIE R. SMITH also known to me to be the person...... who executed it on behalf of the Corporation .ry N:�-A_f FUZ'"IC-CALIFORNIA therein named, and .-.-..he...... acknowledged to me that such Corporation executed the F�.NCIPAL OFFICE IN sante. • 9/t, ,(�/��. W�"" '�'� I have hereunto set my hand and affixed my Official Seal, at my office, in the said County, the day and :ear in this certificate first above written. My Commission will Expire}:Comaission EspiresA8 _ pril 17,196 /J �. � @ - *} f ........................................ r Farm S-36" Printed in U.S.A. 3267 Notary Public in and for said County,State of California IMPROVEMENT SECURITY B014D BOND NO. 3921118 PREMIUM: $128.00 (Faithful Performance, AND Labor & Materials) (Calif. Bus. & Prof. Code Sec. 11612; Contra Costa Coiinty Standard Form) 1. OBLIGATION. MARCHANT DEVELOPMENT CO. , INC., A CORPORATION as Principal, HARTFORD ACCIDENT AND INDEMNITY COMPANY and (Surety) a corporation organized and existing under the laws of the State of CONNECTICUT and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance) EIGHT THOUSAND AND N0/100 --- Dollars ($8,000.00 ) for itself or any City-assignee pursuant to the subdivision contract referred to below, plus (,B - Labor & Materials) EIGHT THOUSAND FIVE HUNDRED AND NO/100 --- - x.8,500.00 Dollars (�� ) for the use and benefit of persons entitled thereto under California Business and Professions Code Section 11612. 2. RECITALS. The Principal contracted with the County on JULY 19, 1967 to install and pay for street improvements, tract drainage, and other improve- ments as required by the County's Ordinance Code and the approved improvement plan of Subdivision No. 3686 , as per map now being filed with the County's Recorder, and to complete said work within from said date, in accordance with applicable State laws, County ordinances and rulings thereunder. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent to make such alterations without further notice to or consent by Surety is hereby given; and the Surety hereby waives the provisions of Calif. Civil Code Sec. 2819, and holds itself bound without regard to and independently of any action agai taken, and agrees that if County sues on this bond Su eFto 1a le attor- ney's fees as fixed by the court to be taxed an the judgment. SIGNED AND SEALED on JULY 19, 1967 ,AUG I • PRINCIPAL SURETY ClEpN 64Ahb Cf sua�rNTY Nt�t d �BOUNTY .�`.��e.�l . DrbrRry MARCHANT DEVELOPMENT CO., INC., A CORPORATION HART TY COMPANY BB D. E. WINE, Attorney in Fact State of California County of ss' (ACKNOWLEDGMENT BY SURETY) On the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorney(s)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he hey signed the name of the Corporation as Surety and his/their own name(s) as its Attorneys)-in-Fact. Notary Public for said County and State �Imp. Sec.Bond,CCC Std.Form) HP-15;Rev.8-64;500) c STATE OF CALIFORNIA COUNTY OF Contra Costa JJj SS. On Jul V 19, 1967 before me,the undersigned,a Notary Public in and for said State, personally appeared John P. Marchant known to me to he the President, Riliifi • of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board _ VIOta At. 015cp } f^ �ti of directors. ;,` �=� WITNESS my h d and official seal. Q` y' COta+ o t u• • Cau1r it y� �t _ CAUFURNiA Signature �+ �J Viola M. Olsen Name (Typed or Printed) My commission expires December 23, 1967 P.."s Corporation f f�� rro j STATE OF CALIFORNIA ALAMEDA COUNTY OF _..._.. - - ---------.....__......_ 4 On tliis......19th.....day of....July in the year one thousand nine hundred and...s ty-seven............. before me, Marjorie R. Smith , a Notary Public in and for said County, residing therein,duly D E WINE commissioned and sworn, personally appeared.....'.....'.................................................... known to me to be the Attorney-in.hact of the Hartford Accident and Indemnity Company, the Corporation described in and that executed the within instrument, and MARJORIE R. SMITH also known to me to be the person...... who executed it on behalf of the Corporation PUSUC.-CAL:'CNNIA therein named, and ..-..-he... .. acknowledged to me that such Corporation executed the P2:e t?r: �eQ r. eti M f s1.��rwDs,4Fi�'fi� ,t same. ,1 91L. {�,Lfj[Qbs„ whllhl 4' I have hereunto set my hand and affixed my Official Seal, at my office, in the said County, the day and year in this certificate first above written. .My Commission will a-pi>(y Comnlission.Tx-pires tlpril 17,1968_..-�LiLZ,- �Z �.•--.�. ?-c'�,�/y .................................... Form S-366" Printed in U.S.A. V67 Now\Public in and for said County.State of California BOND AGAINST TAXES BOND NO. 3921117 PREMIUM: $18.00 XMW-. ALL MEN BY THESE PRESENTS: THAT MARCHANT DEVLLOPMENT CO., INC.. A CORPORATION as principal and HARTFORD ACCIDENT AND INDEMNITY COMPANYd as sureties are held and firmly bound unto the County of Contra Costa. State of California, in the penal sum of ONE THOUSAND SEVEN HUNDRED FIFTY AND N0/100 Dpi,LARg �� 11,750.00 ) to be paid to the said County of Contra Costa, for the payment of which we and each of us bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. Sealed with our seals and dated this _ day ofJULY _ 19_. The conditions of the above obligation are such that WHEREAS, the above bounded principal is about to file a Map entitled BUCKEYE COURT, SUBDIVISION N0, 3686_ LAFAYETTE_ CAL.iFORNTA and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said Tract of land covered by said Map, which taxes and special assessments collected as taxes, are not as yet due or payable. Now, therefore, if the said PRINCIPAL shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said Map at the time of the filing of said Map of said Tract, then this obligation shall be void and of no effect. Otherwise it shall re- mtin in full force and effect. MARCHANT D VELOPMENT .,INC. A CORPORATION By �� !� ,% ��%�� -� L E Principal AUG "Of'` HARTFORD ACCIDENT AND INDEMNITY COMPANY T VNO T. PAASCH Surety C&A NAND GF 10"RwfCRS ONTRA et!`TY By D" ly D. E. WINE Surety STATE OF CALIFORNIA ) Attorney in Fact COUNTY OF CONTRA COSTA) ss. and Sureties named in the foregoing bond, being duly sworn, each for himself says: That he is a freeholder and resident within said State and is worth the said sum of DOLLARS, over and above all his debts and liabilities, exclusive of property exempt from execution. Subscribed and sworn to before me this__day of t CORPORATE FM9XTION FOR APPROVAL 09 WBDIVI3109 AG�2RM�f'!' r BE IT RE90LVID that John P. Marchant, President of HRmhent Dralopow t Co., Inc., and Kathryn A. Dahlgren, Secretary at Marchant Devslepmeet Co., Inc., be authorised and they are hor*W authorised to execute,for and an behalf of the cerperaMan, ftb- division Agreement and Bends with the Commty of Oeetra Costa, State of California, for all improvements required by the Cw Oy In the approved improvement plan of 9abdivisioe go. -1Wg Boaheoe Curt, as per asap now being filed with the County ;Area:der's Office. I, Kathryn A. Dahlgren, Secretary of Marchant Development Co., Inc., hereby certify the foregoing to be a true and oerreet copy of the resolution adopted by the Board of Directors of the corporation at a special meeting of said Beard of Directors held Monday, July 179 19679, at IOs45 o'clock in the morning, and that said resolution still is in fall fore* and effect. Kathryn A. NMgrm,, Score F L ED ; -- !"': NG CLps. BOW Ck SUFERVIS�R9 cnNT TA QLINT .i SUBDIVISION AGREEMENT r (Bus. & Prof. Code Secs. 11611 & 11612) F L E (Contra Costa County Standard Form) A : 110- I. Parties and Purpose. The County of Contra Costa, a polpgAAASCH CLERK t bNRRV1IM . CO TRA�t(%Tlk COUNTY subdivision of the State of California, hereinafter cal d. � � . ooun ' .----Owtv and MARCHANT DEVELOPMENT CO. , INC. , a corporation hereinafter called "Subdivider", mutually agree that Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs and fire hydrants, and all improvements as required by the County Ordinance Code, as amended, especially Divi- sion 4 of Title 8 (Sections 8400 and following), and all improvements required in the approved improvement plan of Subdivision 3686 , as per map now being filed with the County's Recorder; and Subdivider shall complete said work within ONE YEAR from date hereof as required by the Subdivision Map Act of the State of California (Business and Professions Code Section 11500 et seq. ), and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder. II. Costs. Subdivider shall pay when due the costs of all said improvements and work, and of relocating existing utilities when neces- sitated by said work, and of inspecting all such improvements and work. III. Surveys . Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. IV. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, in accordance with the provisions of Business and Professions Code Sec. 11612, deposit as security with the County: (1) the sum of $500 cash; together with . . . . . . . . . . . . (2) (A - Faithful Performance) additional security for at least the total estimated cost of the improvements and work less !x500, to vrit: EIGHT THOUSAND A\TD NO------------------------- Dollars ($ 89000.00 ) , in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond guaranteein.; its faithful performance (Subdiv.Agrmt. ,CCC Std.Form) -1- of this agreement, plus (B - Labor & Materials) another such additional security in the full amount of said estimated cost, to wit: EIGHT THOUSAND FIVE HUNDRED AND NO--------------Dollars (fi 89500.00 ), securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labo.� or materials to them or to the Subdivider for the improvements or work. V. Assignment. If, prior to County's acceptance of these improve- ments, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing it. VI. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances. DATED: July 19, 1967 COUNTY OF CONTRA COSTA SUBDIVIDER: (See note below) By L�� ? �'� "�t-='% MARCHANT DEVELOPMENT CO.., INC. , a hairman of the oard of upervisors corporation ATTEST: W. T. PAASCH By � j'� �/ �'�ll.�► County Clerk and ex-officio Clerk signate Official capacity of the Board of Supervisors in the business) ,� ` � john P. Marchant, President By � Deputy Note to Subdivider: (1) Execute acknowledgment form below; and �2� if a corporation, attach a certified copy of (a) the by-laws, or bthe resolution of the Board of Directors, authorizing execution of this contract and of the bonds required hereby. State of California (Acknowledgment by Corporation, County of Contra Costa ss ' Partnership or Individual) On July 19 1967 , the persons) whose name() is/tee signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation =Tx jg named above execute it. Viola M. OIsFn� t?t; CONTRA COSTA COU N1vt Viol a `:. Olsen MWOR161A It Notary public for said County and State � V commission expires December 23, 1967 (Subdi v.Agrmt. ,CCC Std.Form) HP-9;Rev.8-64;500) -2- In the Board of Supervisors of Contra Costa County, State of California March 25 196 In the Matter of Releasing Cash Deposit, as required under Ordinance 14309 re Subdivision 36879 Pittsburg Areas Work Order No. 6700. On recommendation of the Public Works Director and on motion of Supervisor T. J. Coll, seconded by Supervisor A. M. Dias, IT IS BY ISE BOARD 0RDERED that the Public Works Director is AUTHORIZED to refund to Earl W. Smith Developers, 11000 San Pablo Avenue, E1 Cerrito, California the $500 cash deposit as surety under the Subdivision Agreement for Tract 36879 Pittsburg area, as evidenced by Auditor's Receipt No. 60801 dated September 8, 1967s said deposit having been retained for one year as of March 199 1969 as required by Section 8429(b) of the Subdivision Ordinance. The foregoing order was passed by the following vote of the Board: AYES: Supervisors James P. Kenny, Alfred M. Dias, Thomas John Coll, Edmund A. Linseheld, James E. Moriarty. NOES: None. ABSENT: None. 1 hereby certify that the foregoing is b true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. ee: Public Works (2) Witness my hand and the Seal of the Board of Auditor Supervisors Administrator affixed :his 25th day of March , 196 Subdivider W. T. PAASCH, Clerk By �n G• 1��--% Deputy Clerk Mildred 0. Ballard H 24-7/68-1 OM In the Board of Supervisors of Contra Costa County, State of California m It t i Tt 1 f 1 n1T ^"!_•r^^ ntri NTn CON�r�c> CaS!:1 COtT_ _v i !�'.. _.v. 7-!! i-a.rch 20' 196 In the Matter of Acceptance of Sewers and Appurtenances thereto in Subdivision 3087, Pittsburg Area. This Board having been ad-iised ti:zt the conStructon of the sanitary set•:ers in Subdivision 30.87 has been satisfactorily completed; On recommendation of the Public .storks Director and on motion of Supervisor E. A. Linscheid., seconded by Supervisor T. J. Coll, IT IS B`' r_E 1'C_il'-'iD 0?.DB-?.D that setters and appurtenances thereto are ACCEPTED for maintenance. The forego-in - order was passed by the follot?ir.g vote of the Board: AYE'S: Supervisors James �. = oriarty, `T'homaF john Coll, :und A. Linschei d , .-1f red X1. Dias. NOES: on e. ABSy�^: Supervisor James P. Kenny. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my.hand and the Seal of the Board of __ud Vor $up�rvcs0:s __cwLn,istrato= amxed this day of r^ , I9601 � W. T. PAASCH, Clerk By Deputy Clerk H24.10/67.SM IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain road as a County ) RESOLUTION N0. 68/166 road Work Order 'No. 1700. ) WHEREAS, the Public Works Director having notified this Board of the completion of improvements in the subdivision here- inafter listed as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map, Tract 353'7, ittsbur!' area � NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: r6 Subdivision Date of Agreement Tract 3687, Pittsburg area August 23, 1967 (Transamerica Insurance Company - 3ond No. 5260-04-99) 3E IT :URs SER �i ':C�L�T_,i that the ..500 cash deposit, Audi- tor' s Permit No. 60801 dated September 8, 1967, as surety under the Subdivision t�fireement, is to ba ret��ined for one year in con- formance vith Section 8429 (b) of Subdivision Ordinance. BE IT FURTHER RESOLVED that the hereinafter described e road , having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same is accepted and declared to be a County road of Contra Costa County: SEAVIEW DRrV as shown and dedicated for oubl is use on the mau of Subdivision 3687 filed September 13, 1967 in Book 117 of ;Maps at Pane 21, Records of Contra Costa County, State of California. PASSED AND ADOPTED this 19th day of larch , 1948-2 by the following vote of the Board: 1.0: Public ,•forks (4) Recorder (2) AYES: Supervisors James P. Kenny, James E. PIoriarty, Bus. a Serv. Div. Thomas John Coll, Edmund A. Linscheid., Subdivider Alfred i... Dias. NOES: done. ABSENT: none. C TIPIED C^FI RESOLUTION N0. 68/110 o Form #23.3 Ai'L ie on 1". in mp ofjica, Ca fit.: i .,.. nn,.:i a,• sr,+j,p.i 'n, t1,„ fi�a.:�o`Ener. Ci':jn.ni:. Ca :R. FAAS''_:: _..nlp ciari aY tr.wij:.•,o CIO—! cj •aid 600,J u3' Jrpen:e ore, b� II ,i IN THS BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE, OF CALIFORNIA In the natter of Approval ) of Subdivision Map of ) Tract 3687, Shore Acres ) RESOLUTION NO. 67/6 .8 Area. ) ) WHEREAS a map entitled Tract 3687, property located in the Shore Acres area, having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on tha property included in the map, and that the current 1966-1967 tax lien has been paid in full,, and the 1967-1968 tax lien, which became a lien on the first Monday of March, 1967, is estimated to be $1,000; and Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4. Title 8, of the County Ordinance Code; Surety bonds issued by Transamerica Insurance Company with Earl W. Smith Developers, Ltd., as principal, as follows: No. 5260-04-99 in the amount of $16,600 for Faithful Performance, and $17,100 Labor and Materials, to guarantee completion of road and street improvements; $500 cash de osit (Auditorts Receipt No. 60801 dated September 8, 1967; Tax Bond No. 5260-05-00 in the amount of $10000 guaranteeing payment of estimated 1967-1968 tax; $1" has been deposited and is to be credited to Consolidated Fire District to cover 2-year fire hydrant rental fee; Inspection fee $855. Subdivision agreement between Earl W. Smith Developers, Ltd., subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete road and street improvements, etc., in said subdivision within one year from the date of said agreement; RESOLUTION NO. 67/6 .8 NOW, THEREFORE, BE IT RESOLVED that said bonds sed de osits and the amounts thereof be and the same are hereby BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept on behalf of the public any of tho streets, roads, avenues, or easements shown thereon as dedicated to public use. PASSED AND ADOPTED this - 12th day of , 196,Z, by the following vote of the Board: AYES: Supervisors James P. Kenny, Thaaas John Colla Edmund A. Linscheid. NOES: None. ABSENT: Supervisors Alfred Me Dias, James E. Moriarty! cc: Public Works (3) Highway Planning Subdivider CERTIFIED COPY Title Company I certify that this is a full. true t_ correct copy of the original document which is on file in my office, and that it was passe-, s_ 3 '- •,?I br the Board of Supervisors of Cont-, Co "ounty, California, on the date shovrn. ".'i'T1%.` t:;. T. PA!ISCH, county clerk&-ex-offi,-o cier!. ,c-tfsztiki Board of Supervisors, by eputy clerk. RESOLUTION NO. 67/648 Form #23, Pg. 2 SUBDTj%?S-ON s` ,1 7 1 (J1 Subdiv' 3 _s�or. 687 (B. & ?. Code §§-IZo""? (§I) Subdivider- Earl 71. Smith Developers., Ltd. 1 Effective Date : August 23. 1967 Cou!:Yv (§1) Completion Pe-riod: August 23, 1968 St-wrdara Fors:; 6-07) (§4) Deposits . A. (cash) $500. B. (:,ands , etc. ) ). (faithful perf. & maintenance) $ 16,600.00 2. (I-abor,naterials)$17,100.00 Z. Parties Date. Effective on the above date, the County of Contra Costa, California, hereinafter Called "County", and, the above- named Subdivider, mutually promise and agree as follows concerning thli s subdivision: • Subu_Vider Shall construct, install and complete road and Street improve: ents , tract drainage, street Signs , fire hydrants , and all improvements as required by the County Ordinance Code, especially Division 4 of Title o" (Sections 8400 and following) and including future amencL encs , and all improvements required in the approved i: provement plan of this subdivision on file in the County's Public Works DeDartment. Subdivider Shah complete this work and improvements (hereinafter called 'I pork" within the above comoletior_ period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and f ollovin g) , in a good workmanlike manner, in actor- " dance with accepted construction p,actices and in a manner equal or super_or to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the. County Ordinance Code, the stricter requirements shall govern. 3. Guarantee S. '"airtenance. Subdivider guarantees that the work is and will be free fram defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shah maintain it for one year after its coraDletion and acceptance against any defective i.:orkmansh.i p or materials or any unsatisfactory performance. 4. Drirroyemeni SecuTity : Dez?ositl- & Bonds. Upon eXecuting this Agreement, Subdivider shall, pursuant to Bus . & Profs. Code §11612, deposit as seCurity with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . . . B. Bonds , etc. (Z - FaithfUL Performance) additional security for at least the above-specified amount, which is the total estimated cost of the wcrk less $,500 , in the form of a cash deposit , a certified or cashier' s check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory perfo*rmance ; Elan (2 - Lebon { another Such additiorial security in atm. least; ti:e above-:.ipeOi fi ed amounu,, which is me f Lill amourit Of Said estifl tc!"I cast, :ci l:�'ti�e ;p ayment to the contr:3CtJr, to his sL'bco tractOT'S, erica to el—sons renting equipment Or furnish ing labor or materials to them or .,c SubdLviaer. 1. Warranty. Subdivider warrants that said inizroveA ent .flan is _8e- nua`e to acco pl=sti this :Jerk as pro P.=Sed in Section 2 ; and if, at any Z;:,e be f•�)r'e "the CCunc—.J t S resolution of comolet-ion for the subdivis'O:: t:':e .'i: 7roveI e_'it plat: Dino e—s to be inadleRuate in aI:y re:vett , Sub i Vi - 6er S_^al,I .::cart o± an,-e_s necessa-y t`C aCCOTJI� L _ S.�... � I ro � 6;w � C `. 1 :`,�,c7 :�v "-1. T. ;'AAcr. A CLE�CiOINTC� ERVISORS CO. Eo Ver Co: :;� <spection of the viork and/or materials , or app="cvai of :dor k a_^:C:%or ,ate-rials inspected, or statement by any officer, agent emploYea of the County indlcating, the wort- or any _.)art thereo_ complies >':i.h the -ecuire rients of this agreer.ent , or acceptance off the whole or any part of Said work and/or ;;materials , or payments therefor, Cr any ccm:bination or all of these acts , shall not relieve the Subdivider of his obligation to Fulfill this contract as prescribed; nor si?all rile -ount�,' be thereby estopped from brino- ir_5 ~}l ac,i or_ or da mages arisin; f ro:�, the failure to comply bring- with any or the terms and conditions hereof. 7. Tndenini t.7:. Subdivider shall hold harmless and indemnify the inderinitees from the _;abilities as defined in this sectio:,: - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards, commissions , office-1-s ,, a-tints and employees ; ` S - The l_ oilities 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 mese, and regardiess of whet or :lot SUCK liability, Clair! or damage was unforeseeable at any time before the County approved the improvement plat: or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-regl? ent1 in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; J - ton-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection �•:ith this work- o_° subdivision_, or has insurance or other in- demnification covering any of these matters. �. Costs. Subdivider shall pay i-,; en due all the costs of the work, including inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance ,:ith the filed map and to the satisfaction of the County Road Comm=ssloner-Surveyor. Z0. Ponperro2°r7cn.ce and Costo . if Subdivider fails to complete the Work and iI:oro ve ents :•:it,;hil n the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdi'7?d`r ::hall pay the costs and charges there- fo:' immediate--y ui:on demand. County sizes to compel performance of this agreement or recover the cost of completing :;he: improvements , Subdivider shall p?y all reasonable attorneys ' fees , costs of sui-'U , . and all other expenses of -_tip-ation incurred by County in connection therewith. ZZ. If 11c ;vi•e County accepts zhese improvements , tale .5 _:?;,_..;fid O ? t•'��`, tl?: County may ass-, g to that city the County' s ri;-i_ts Linde—_- t is agreement and/or any deposit or bond secuy'rT th--ni. Z R2C0: ',]• in -'c Cf, CGI::; y i1?all allowJubditriQer ani 7•r, o �7 ' " s g,I .r man .d _'e ccglli^�S 1 �� c Subd:`_Vf 5iOn v �1�: Li .'..)�Q 5. G :7 l:is�i.i v.`..� v.. �.�� , v..iv as one _,omp_ .._t,h auate laws and County ordinance.s, -2- • COUNTY QF CONTRA COSTA SUBDIVIDER: (see note below) EARL W. S!4ITH DEVELOPERS, LTD., a partner- By ship By: EARL W. SMITH DL'Vr`�, MIEUIT ORGAN- Chairman, Board of Supervisors IZATION a corporate , General Partner i B ' t Vice-Pres. ,4,ATTEST: W. T. PAASCH, County Clerk (Designate offic al capacity E ex officio Clerk of the Board in the business) ny �f}�Gy�Lt,C,�,t /7 `7s"-7 LNote to Subdivider: (Z) Execute Lourette M. Bonner Deputy acknowledgment forri below; and (Z) If a corpora-L"-ion, attach a certified copy of (a) the by- �ORM APPROVED: JOHN A. NEJEDLY Zaws or (b) the resolution. or District Attorr. r the Board •Jf Directors, authori- zing execution of this ccn.;ract By and of the bonds required hereby. Deputy State Of California ) SS. (AcknowZ dament- -y Cor or_2ton, Coun-.Y of Contra Costa ) Partnership or TndividuaZ) On Aumist 23, 1967 , t e persons) whose name(s) ;s,/== s±gned above Or Subdivide.- and who is known to me to be the individual and =Cep' 3=4 as stated above who Signed this instrument , and 3%- '.• nowledged to me that he executed it and that the cormoration Or zartner- s 1i p named above executed i t . �'^^�p,•h^OO�OOOemt�a00000 / /f T. A. ES:ELi1'd o` T. A. r;skelin o SI31C -f Li!:-. a a sa-d Co=lty C.ilt2 r.Lave (.Subdiv. Ag CCC Std. arx) My commission expires 7/18/68 (HP-9 . Rev. 8-z?; 200) -3- PUBLIC WORKS DEPARTMENT VICTOR W. SAUEN CONTRA COSTA COUNTY jr. pkwuc we*as OlneCTOR C"far Owpury O-USLIC WORKS 01*1ECTOR MORO CONIN488#001SX-funvayeft *TO FLOOR, ADMINIOTRATIOft SUILDMO MARTINEZ. CALIFORNIA *4553 R. 0. DOWATC64 04PUTV PUMLIC WORKS OIRLCTOO 17 FILED ? V 1967 Subdivision 3,697 W. T. PAASCH CLERK GOARD OF SUPC-RVM0RCOfi1 Co jS CO. Hcors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision O in Supervisorial Distr ict=in the5,e/ F 5pre a. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. expiration date of one year time limit for completion is k%J4,U 5 23 &-48 A Surety ond in the amougo or"r/6 0/60 -I ;?Ze-t�t;4-Vand aF6?,V cash deposit (Auditor's Receipt Vo. 0,?01 dated 7 which amounts are required to guarantee 111A Zpcompletion of roa and street improvements as required by the County Ordinance Code as amended. Z. Labor and Materials Bond in the amount of�1,71oo A. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 194;r-(metaxp whict�becams a lien on the first fOonday of March, 64,7 is estimated to be / 0 pa 5. Tax Bond in the amount of 100 guaranteeing payment of estimated tax. 7;rl-c 6t-oAe,4",r1 The map is submitted for filing by the under the orovisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR !1.1 SAUER Public w1orks Director VLC:mj -Y 71, cc: Title Company -V—. L-.—Clina Planning Department Assistant Public Works Director Construction Division Highway Planning AP-26 (7-66) f STATE OF CALIFoRNIA COUNTY OF SAN FRIOCISCo SS; On this 31st _day of— A __—._in the year one thousand nine hundred and sixtv-seven -,before me— —_—Liman G. Horton a Notary Public in and for the said County and State,residing therein, duly commissioned and sworn, personally ap- peared R. W. Maytham, Jr., __known to me to be the duly authorized Attorney-in-Fact of the TRANSAMERICA INSURANCE COMPANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me that he subscribed the name of the TRANSAMERICA INSURANCE COMPANY thereto as Surety and his own name as Attorney-in-Fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this cer- tificate first above written. LILLIAN G. HORTON MY Carmissirn Exr;rss 1y4sy 3, 1969 ` 143tiotary Public in and for said County and State A Bond No. 5260-05-00 Premium. 10.00. " BOND A iINST TAXES � ,NOW ALL i'�^�ll BY T",S- 'PRE TS THAT Earl W. Smith Developers, Ltd. as principal and (Surety) Transamerica Insurance Comte a corporation orsani_-ed and existing, under the laws of the State of ralifornin and authorized to transact surety business in California as surety arc held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of One Thousand and No- - - - - - - - - - - - - - - - - Dollars ( 1,000.00 ), to be paid to the said County of Contra Costa, for the payment of which well and u,uly to be made, 19e and each of us bird ourselves, our heirs, executors, administrators and successors, jointly and severali3 , firmly by these presents . Sealed -i•:ith our seals and dated this 31st day of August , 1967 The conditions of the above obligation is such that WHEREAS, the above bounded principal is about to file a map entitled Subdivision 3687 r and covering a subdivision of a t:•,act of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as ta?•:es, against the said Tract of land covered by said map, which.-taxes and special assessments collected as taxes, are not as yet due or payable. NOW, THEREFORE, if the said Principal r _ shall pay all of the taxes and special assessments collected as takes which are a lien against said tract of land covered by said map, at the time of the filing of said map of said Tract, men this obligation-shall be void and of no effect. Otherwise it shall re- main in full force and effect. ERI, ti . Si;IITrT. DE.V ;LOPr'.RS, LTD., a partner- ship &kRL W. S:',: TH DLVMOP'.!rd;T ORGAN= IZATTOX torpor t'o , General Partner By; � p Vice-Pres. FILED • Transamerica Insurance Company Sur ty c.FP 1 ' 1967 j W. T. PAASCH By , ACKNOWLE.D Er. Am BOARD OF SUPERVISORS R. W. Mayt , Jr., Corney-in-Fact t PA QPZTA GO. (BY S URET � �`9w ^6epu:,, _.._ vG 4C o1 Cali.Grniu ) County of ) County in l•::11- Ch ackno:':le:.gement i s ta�en On before me, , a Notary Pi:bliC, in and for sa=a County and State, personally appearea known to me to be of the corporation that executed the Bei t'rin i ns.",ument� and also knovin to me t0 be th.e Jerson i•.,ho exec ,tea, _t on behalli' of zuch corporation aP?+.. uC 0: 1ed;,e.. t0 .T.e that such corporation executed the t•aithin ,instrument pursuant to its by-laws or a resolution of its bard of lfirer G='-s . In .^,_'_: name of notary NOTARY PUBLIC • STATE OF CALIFoRNT-4 COUNTY OF San Francisco On this____ __.__.day of__ August_ .. __ ._. _in the year one thousand nine hundred _.before me___.__.__:Lillian G. Horton ,a Notary Public in and for the said County and State, residing therein, duly commissioned and sworn, personally ap- peared—R• W. Maytham, Jr., __—__known to me to be the duly authorized Attorney-in-Fact of the TRANSAMERICA INSURANCE COMPANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me that he subscribed the name of the TRANSAMERICA INSURANCE COMPANY thereto as Surety and his own name as Attorney-in-Fact. IN FITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this cer- tificate first above written. LILLIAN G. HORTON J 143 Notary Public in and for said County and State �y 'i' a Bond No. 526o-o4-99 Premium: $257.00 �=a'.....:�''C7 ``�er7oz,,;Qnc idQ .nterarc•e, -i'lD Labor �fateria?S wZ j% P2-0 f% Code Zo 7v; ' or. ra Costa County Standard Form) Earl W. Smith Devel�:uers Ltd. as Principal =o �''{='e� r Transamerica Insurance Comp a corporation ori ..-sec And exi st_rc u::cer the !aws o: t^e State o: California and autr:orized tc zransac- surety business =n California, as Surety, hereby jointly and Se venally birld ourselves, Our heirs , executors , administrators, successors and ass?,--;-ns to the County of Contra Costa, California, to pay it : & a_riten2rlCe Sixteen Thousand Six Hundred - - - - - - - - - - - - - - - Dollars (Y ; 16,600.00 ) .LO.' L.tSe1 Or any Citjt-aSSi�nee under the below-cited subdivis=on contract, _L US (� - Labor & Yateri.alS } 0 Seventeen Thousand One Hundred - - - - - - - - - - - - - - Dollars ($ 17,100.00 ) for e benefit of persons protected under Cal. Bus. &Prof.Code X11612 . 2. FSCTmc LS. The Principal contracted with the County on Aul?ust 23. 1967 to install and pay for street, drainage, and other improvements in Subdivi- sion No. 3687 as per map now being filed with the County's Recorder, and to complete said work within One year from said date, all in accordance with State and local laws , rulings thereunder and the subdivision contract . 3. COIJJI^LOrj. If the Principal faithfully performs all things required of ^. .:: according to the terms and conditions of said contract and improvement plan_ and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens , they, this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect . No alteration of said contract or any pians or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations :•rithoi a'urther notice to or consent by Surety; and the Surety hereby waives the urovisior_s of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal :whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as casts and included in the ,judgment. SI-CNED AND SEALED on August 31, 1967 ? it\C=PA:L LARL W. S ITH DEVEWPERS, LTD., SUPE11 Y a partnership By: ELL W. S'.'I3''H ORGANIZA;,TON a CorporW%on, General Partner Transamerica Insurancegc4Tpany i- By Nice-Pres. By� R. W. Myth&, Jr Attorney-in-Fact :c •:v r' l �f o_ni ....tCLG J_ ` ni[. County of �iCXN0WT"DGlf" '=' 3Y S]]// +TY J Cr_ the person's) whose nai e(s) is/are signed above - or tinowr! to i? tO be the Attorney(s)-in-Fact for i.his Coroo:Gt .;erSonall y appeared bei'ore me an,"' acknowledged to -me t at hF!;r , s' . :i=-d t.._ _:ame cf ,r CoT'porat:or: ti + �ty a^,d his/1.:e r 1cv- *name(s) as �.r. .: m ( ) as f . S L LBOARD L:ub1unty an2��) SCH PERVISORS Co. Deputy i EMMETT HITCHCOCK LbRRA1NE K. PLANZ COUNVY TREASURER-TAX COLLECTOR PRINCIPAL CLERK, TAX COLLEC'TOR'S OFFICE " PHONE 228-3000 EXT. 385-380-987 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZ, CALIFORNIA FIRST INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF NOVEMBER ON THt TENTH DAY OF APRIL SECONDDUE INSTALLMENT OF TAXIS June 22, 1967 SECOND INSTALLMENT OF TAXES AND DELINOUKNT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF DECEMBER This will certify that I have examined the asp of the proposed subdivision entitled: TRACT ING. 3687 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1966-67 tax lien has been paid in full. Our estimate of the 19_6 68 tax lien, which became a lien on the first Monday of March 196-, is $i3O�00.0 , . M90 TT HITCHCOCK Redemption Officer By: amo'Ay F I LED CU r-rP 1 "1967 W. T. PAAESC 3a CLERK BOARD OP SUPERVISORS CON CO ' A CO. 6y Ply I IN THE BOARD OF SUPERVISORS OF CONTRA COSTA C01J9TY, STATE OF CALIFORNIA In the Hatter of Completion } of improvements in ) Subdivision 3688, Lafayette ) RES OLUTION NO. 69/644 Area. ) WFER?AS the Public :orks Director having notified this Board that construction of improvements has been completed in Subdivision 368$9 Lafayette area, as provided in the agreement heretofore executed by this Board in con.Tunetien with the filing of the subdivision reap; NOW, T.IEREFORE, BF IT RI-E-ZOL?QED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: ' Subdivision Date of Agreement Tract 3688 - Lafayette area July 27, 1967 (Argonaut Insurance Company, Bond No. 117020) BE Till FURTHER RESOLiED that the Public Works Director is ZE AUTHORID to refund to Woodview Development C.ompany, Inc., 355 Harts Avenue, Danville, California, a X500 cash deposit as surety under the Subdivision Agreement, as evidenced by Deposit Permit No. 60040 dated August 2, 1967. PASSED AND AD`1PTED this 7th day of October, 1969, by the following vote of the Board: AYES: Supervisors J. P. Denny, A. K. Dias, T. J. Coll, E. A. Linscheid, J. E. Moriarty. NOES: None. ABSENT: None. CEPLTIFIED COPY [ certify that this is a full, true & correct copy of the original docum^nt :which is on file in my office, and that it ..as ,a�se�! ,': ^._lrn,ted : ±hr' B!mrd of Supervisors of Cl.:,.,.-a Costa County, Cwalifo%nia, or the date shown. A TEST: W. T. PAASCH, county clerk&ex-officio clerk of said Board of Supervisors, cc: Public Works (2) by deputy clerk. Recorder p Auditor ��71s-,L6 _.on.M - 7 1094 Subdivider RESOLUTION ►IO. 69/644 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 3688,0 Lafayette area.) RESOLUTION N0. 67/560 ) WHEREAS a map entitled Tract 3688 , property located in the LafB tte arra. , having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1966-1967 tax lien has been paid in full, and the 1967-1968 tax lien, which became a lien on the first Monday of March* 19679 is estimated to bo $100; and Letter from the Public works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4, Title 8, of the County Ordinance Code; Surety bon!3s issued by Argonaut Insurance Company with Woodview Development Coos Inc., as prineipals as follows: Wo. 117020 in the amount of wl,5f32, for Faithful Performance, end $2,082 Labor and Materials, to guarantee completion of road end street improvements; $500 cash :deposit (Auditor's Receipt No. 60040 dated August 2g 1967; A cash deposit in the amount of $100 has been made to payment of 1967-1968 tax (Auditor's Receipt No. 59954). Subdivision agreement between Woodview Development Co., Inc., subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete road and street improvements, etc., in said subdivision within One year from the date of said agreement; RESOLUTION NO. 671560 Form #23 NOW, THEREFORE, BE IT RESOLVED that said bonds and and the amount,- thereof be and the same are hereby BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept on behalf of the public any of the easements shown thereon as dedieated to publie U8010 PASSED AND ADOPTED this 8th day of August , 196 7 by the following vote of the Board: AYES: Supervisors Alfred Me Dias, James Ee Moriarty# Thomas John Colla 8dlund Ae Linscholde NOES: Mone ABSENT: Supervisor James Pe Kenny acs Public Worm (3) CERTIFTED COPY Highway Planning I certify that this is a N". true is correct copy of Subdivider n file in my office, Title Comany the original doers: t . ', and that it -n:; ,,"..,,. :'I„— z.d by the Board of Supervlsnrs of C� - t- 'ounty. California, on the date sltci "r,. _`.l"i V`. T. P.4ASCII, county cleric&en-offi(:io cierlc of said Board of Supervisors, by putt' clerk. RESOLUTION N0. 67/560 Form #23, Pg. 2 PUBLIC WORKS DEPARTMENT VICTOR W.sAUER CONTRA COSTA COUNTY F R I.BROWN , PUBLIC WOMB DIRECTOR Culp DePurY rue uC wowwe DIRECTOR ROAD COMNISNOMER.<URVEYOR OTIM FLOOR. ADMINISTRATION BUILOINB MARTINEZ. CALIFORNIA 04503 R. D. 8ROATCN TELSPMOus&".SOO* M PUTV PUBLIC WORKS DIRECTOR August 2, 1967 Subdivision 36BB Honorable Board of Supervisors F I PI Administration Building hlartinez, California 1067 W. T. PAASCH Gentlemen; CLS K BOARD OF SUPERVISORG CON RA STA CO. By ^' � Deputy There is submitted for your approval the map of Subdi Vlolm, 5660- in Supervisorial District III in the Lafayette area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is July 27, 1968. 2. A Surety Bond in the amount of One Thousand Five Hundred Eighty Two Dollars ($1,592.00) and a $500. cash deposit (Auditor's Receipt No. 60040 dated August 2, 1967 which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 2. Labor and Materials Bond in the amount of Two Thousand Eighty Two Dollars (S2,082.00) 4. Letter from Tax Collector's Office stating that there ars no unpaid County taxes on the property, and that the 1967- 68tax, which became a lien on the first Monday of March, 1967 is estimated to be $100. A cash deposit as ben ade to 19 6 5. fzxx�amt in the amount of 100.00 uaranteeAmogxpayment of esG7 tax. The map is submitted for filing by the Financial Title Company under the crovisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR ?1: SMO- :public :pork Directo w VLC:mjV j a CC., Title Company y V• L. Cl ne Planning Department Assistant Public Works Director Construction Division Highway Planning AP.26 (7-66) SUBDIVISION AGREEMENT (Bus. & Prof. Code Secs. 11611 & 11612) (Contra Costa County Standard Form) I. Parties and Purpose. The County of Contra Costa, a political subdivision of the State of California, hereinafter called "County", and WOODVIEIQ DEVELORJENIT CO., INC. , a corporation hereinafter called "Subdivider", mutually agree that Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs and fire hydrants, and all improvements as required by the County Ordinance Code, as amended, especially Divi- sion 4 of Title 8 (Sections 8400 and following), and all improvements required in the approved improvement plan of Subdivision 3688 , as per map now being filed with the County's Recorder; and Subdivider shall complete said work within One Year from date hereof as required by the Subdivision Map Act of the State of California (Business and Professions Code Section 11500 et seq. ), and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder. II. Costs. Subdivider shall pay when due the costs of all said improvements and work, and of relocating existing utilities when neces- sitated by said work, and of inspecting all such improvements and work. III. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. IV. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, in accordance with the provisions of Business and Professions Code Sec. 11612, deposit as security with the County: (1) the sum of $500 cash; together with . . . . . . . . . (2) (A - Faithful Performance) additional security for at least the total estimated cost of the improvements and work less .)500, to rrit: ONE THOUSASID FIVE HUNDRED EIGHTY-TWO AND NO Dollars ($ 1,5829 .00 ) , in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond guaranteeing its faithful performance (Subdiv.Agrmt.,CCC Std.Form) -1- � f4 STATE OF CALIFORNIA COUNTY OF Contra Costa ss. s On July 27, 2967 before me,the undersigned,a Notary Public in and for!said State, personally appeared Edward V. Acarian known to me to be the President. PQqPMxxx f the corporation that executed the within Instrrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named. and acknowledged to me that such corporation executed the within ...,,� instrument pursuant to its by-laws or a resolution of its board of directors. WITNESSy hand and official seal. cpNMA COSTA / fCAUPONNA Signature ""(� �" �� - "o'��+► Viola M. Olsen Name (Typed or Printed) � is commission expires December 239 1967 Corporation �y of this agreement, plus (B - Labor & Materials) another such additional security in the full amount of said estimated cost, to wit: TWO THOUSAND EIGHTY-TWO ADM NO------------------ Dollars (2 ,082 .00 ) securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labc:' or materials to them or to the Subdivider for the improvements or worn, V. Assignment. If, prior to County's acceptance of these improve- ments, the subdivision is annexed to a city, the County may assign 'o that city the County's rights under this agreement and/or any deposit or bond securing it. VI. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances. DATED: jaiy 2 /96,z . COUNTY OF CONTRA COSTA SUBDIVIDER: (See note below) BY v !"� .t f�1Q�d� WOODVIEW DEVELOPMENT CO. , INC., . � hairman o the oar o upervisors a corporation ATTEST: W. T. PAASCH By ,4��Zz�� County Clerk and ex-officio Clerk esignate a capacity of the Board of Supervisors in the business) Edward V. Azarian, President By. �J Deputy Note to Subdivider: (1) Execute acknowledgment form below; and �2j if a corporation, attach a certified copy of (a) the by-laws, or bthe resolution of the Board of Directors, authorizing execution of this contract and of the bonds required hereby. State of California (Acknowledgment by Corporation, County of ss ' Partnership or Individual) On the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. Notary Public for said Co nth ar*dL atem �Subdiv.Agrmt. ,CCC Std.Form) HP-9;Rev.8-64;500) -2- y�. T. f' A '. .. (7, : CLE C QOARD O%cVa- •yrw?ice COtdTfi� 5TA Cl•. BY 10HNAUGUEDLY. D1- *;Deputy. CORPORATE RESOLUTION Resolved, that Woodview Development Co. , Inc. , a corporation, shall enter into a subdivision contract for Subdivision 3688, Contra Costa County, at such time as the officers or any one or more of them shall be satisfied with the contract and the terms, conditions and provisions thereof. Resolved, further, that Woodview Development Co., Inc. , a corporation, shall execute and deliver such bonds as are necessary and convenient in conjunction with the development of the aforesaid subdivision upon such terms, conditions and provisions as shall be satisfactory to the officers of this corporation or any one or more of them. Resolved, further, that any one or more of the officers of this corporation be and they hereby are authorized and directed to execute and deliver for and on behalf of Woodview Development Co. , Inc., as its corporate act and deed, the aforesaid subdivision contracts and bonds. I, the undersigned, certify that 1 am the Secretary of Woodview Development Co. , Inc. and that the foregoing resolution was duly adopted by the Board of Directors thereof at a meeting held this 27th day of July, 1967. V W, F1 L Em c7 W. T. PAr1Cti^. H CLF-PJ< BOARD OF SUPERVISORS CON A GOSTA CO. By 'aeL%'K-0ep 1ty f STATE OF CALIFORNIA COUNTY OF Contra Costa ss. On -Till., 27- 1967 before me, the undersigned.a Notary Public in and for said State, personally appeared F 'ward V AT ar i a n t known to me to be the President. of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and +�►+-� ' -..�. acknowledged to me that such corporation executed the within `lids M. also instrument pursuant to its by-laws or a resolution of its board ` of directors. Nufafty 00vGL6C Cant" COSTA cowwY, WITNESS y and of& ial seal. / WW610" Signature Viola M. Olsen Name (T)ped or Printed) My commission expires December 23, 1967 Corporation' 1 z Bond No. 11T020 (Executed in Duplicate) IMPROVEMENT SECURITY BOND Premium: $31.00 (Faithful Performance, AND Labor & Materials) (Calif. Bus. & Prof. Code Sec. 11612; Contra Costa County Standard Form) 1. OBLIGATION. WOODVIEP7 DEVELOPr,1ENT CO., INC. as Principal, and Surety) ARGQHpUTugAg m)WApy a corporation organized and existing under the laws of the State of California and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance) ONE THOUSAND FIVE HUNDRED EIGHTY-TWO AND 'CO-------Dollars ($1,582 .00 ) for itself or any City-assignee pursuant to the subdivision contract referred to below, plus (B - Labor & Materials) Tttin THOU_-gar;,D EIGHTY_Ttgo AND NO--------____ __ _ Dollars (.`x, 2 .082.00 ) for the use and benefit of persons entitled thereto under Californiaur3 siness and Professions Code Section 11612. 2. RECITALS. The Principal contracted with the County on July 2T, 1967 to install and pay for street improvements, tract drainage, and other improve- ments as required by the County's Ordinance Code and the approved improvement plan of Subdivision No. 3263 , as per map now being filed with the County's Recorder, and to complete said work within One Year from said date, in accordance with applicable State laws, County ordinances and rulings thereunder. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void; and if he, fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent to make such alterations without further notice to or consent by Surety is hereby given; and the Surety hereby waives the provisions of Calif. Civil Code Sec. 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney's fees as fixed by the court to be taxed as costs and included in the judgment. 2 SIGNED AND SEALED on July 2T, 1967 t PRINCIPAL SURETY WQQDVT W j)E�7EI�01%&yT co. , IPd� ARGO INS ` ,a corporation ,t By t .f C/ C1. y„` By Edward .*A*AFi�E ' President *let I*u*e Zi* JtV ro-jajt* 1 State of California ss. County of San Francisco (ACKNOWLEDGMENT BY SURETY) 1' On July 27, 196T the person(&) whose name(#) is/fit)rpB signed above for urety and who is known to me to be the Attorney 6)-in-Fact for this Cor orate Surety, personally appeared before me and acknowledged to me that he3W signed the name of the Corporation as Surety a _ his/ � oim name( ) as its Attorney(-in-Fact_.._: .! Jacq ine A. Fry .*,r_ C ssiou Enires September 24. 196T Notary Public for said County and State fHP-pl SRe,BinSIm . J,C CSto ) i 1067 W. T. PAASCH CLERK BOARD OF SUPERVISORG BW y C tTAA D= EMMETT HITCHCOCK LORRAINE K. PLANZ COUNTY TREASURER-TAX COLLECTOR PRINCIPAL CLERK TAX COLLECTOR'S OFFICE PHONE 228.3000 EXT. 387-788 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA FIRST INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF NOVEMBER ON THE TENTH DAY OF APRIL SECOND INSTALLMENT OF TAXES April 1£, 1967 SECOND I DELINQUENT OF TAXES DUE AND PAYABLE ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF DECEMBER This will certify that I have examined the map of the proposed subdivision entitled: T.%.00T 110. 36££ and have determined from the official taut records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 19_7 tax lien has been paid in full. Our estimate of the 1967-68 tax lien, which became a lien on the first Monday of March, 1967 is $100.00 ZKKM HITCHCOCK Redemption Of icer By: / eputy F I LED dl al-IG 1967 W. T. PAASCH CLE K BOARD OF SUPERVISORS CONT A ByCc" '�Sf —OeflvtY � r;S COUNTY OF CONTRA COSTA } DEPOSIT PERMIT • OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ, CALIF. 59954 j RECEIVE'FROM No. v 9 9 4 Financial Title Co. 6 - DATE 7/31/67 BUDGET UNIT 111 THE AMOUNT SHOWN BELOW FOR CREDIT TO THE FUND OR FUNDS INDICATED: FUND NAME DESCRIPTION SPECIAL FUND REVENUE CR REVENUE FUND AMOUNT AMOUNT s SPECIAL DEPOSITS 9109 9965 100.00 JUDICIAL SPECIAL DEPOSITS 8110 9965 GENERAL 1003 W. T. P ;i t.. CLERIC BOARD 0 SI.:PcR�%"S�Rt Dep'atY+ By THE ABOVE AMOUNT COVERS: K.v. VER• S S - -- -- -------- TOTAL 100.00 SmCbmi d Guarantee payment of 1967/68 taus Tract 3688 RECEIPT OF ABOV AMOUNT!S =%_3Y ACKNOWLEDGED. DEPUTY COUNTY AUDITOR DEPUTY COUNTY TREASURER (I 1 COUNTY DEPARTMENT RESPONSIBLE FOR ABOVE CASH COLLECTIONS 0No. VV YISEE COUNTY ADMINISTRATOR'S BULLETIN 1071.ID 36 REV. 1-66 750001 "C IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA April ,27 1971 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 36919 Lafayette Area ) Deposit: $500 ) Auditor' s Permit No- 67242 ) Dated July 122 1968 ) Refund to: Russell J. Bruzzone,lnc.) 899 Hope Lane ) Lafayette, California ) On Roveikber 18, 1969 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above . I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 27th day of April , 1971 cc : Public Works (2 W. T. PAASCH, CLERK ) Subdivider By��U�2f G�Ga Deputy Clerk Mildred 0. Ballard IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of completion of Improvements in subdivision , RESOLUTION NO. 69/761 36_91, Lafayette, Work-Order-672q WHEREAS, the Public Works Director having notified this Board 'of the completion of improvements in the subdivision here- inafter listed as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map, Tract No. 3691 (which was filed before incorporation of ; the Gify or LarayettF) ; NOW, THEREFORE, BE IT RESOLVED that the Improvements in the following subdivision. have been completed in accordance with paid agreement_ Subdivision Date of Agreement. 3691(city of July 16, 1968 Lafayette ) (Argonaut Insurance Company - Bonds Nos. 121183 and 121181 ) BE IT FURTHER RESOLVED that the $500 cash surety bond is RETAINED for one year in conformance with Section 8429(b) of the Ordinance Code as amended. (The streets within the subdivision will be presented to the "City Council of the City of Lafayette for acceptance), PASSED AND ADOPTED this 18th day of November , 196 # by the following vote of the BoarW.-' "�9 AYES: Supervisors J. P. Kenny, A. M. Dias, E. A. Linscheid, T. J. Coll. NOSS: None. ABSENT: Supervisor J. E. Moriarty, 1 certirt that i'.. , ::; c:zr t copy o1 Chi :'t^ ' it 0,':1C•'. and t-hat ,.._. cc: Public Works (2) v',. Recorder 0- d_:i� Ehf,: ._ . . _ Subdivider clergy:w a by deputy RESOLUTION NO. 69/761 1 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 3691, Lafayette Area., RESOLUTION NO. 68A62 WHEREAS a map entitled Tract 3691 , property located in the ata et area , having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1967-1968 tax lien has been paid in full, and estimate of the 1968-1969 tax lien, which became a lien on the first of March, 1968, is $9,500; and Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4, Title 8, of the County Ordinance Code; Surety bonds issued by Argonaut Insurance Company with Russell J. Bruzzone and Milton F. Bruzzone as Principal, as follows: No. 121184 in the amount of $24,9800 for Faithful Performance, and $259300 for Labor and Materials; $500 cash deposit (Auditor's Receipt No. 67242 dated July 12, 1968) ; and Bond against Taxes (No. 121183) in the amount of $9,500 guaranteeing payment of 1968-1969 estimated tax lien; Inspection Fee in the amount of $19265. Subdivision agreement between Russell J. Bruzzone and Mil n Bruzzone, 899 Hope Lane, Lafayette# California, subfvi ger and the County of Contra Costa, wherein said sub- divider agrees to complete road and street improvements, etc., in said subdivision within one year from the date of said agreement; RESOLUTION N0. 68/462 Form #23 NOW 9 THEREFORE, BE IT RESOLVED that said. bond-,---.s and the amount$ thereof be and the same are hereby BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does: not accept or reject on behalf of the public any of the streets, roads, avenues, or easements shown thereon as dedicated to public we. PASSED AND ADOPTED this 16th day of July , 19 8, by the following vote of the Board: AYES: Supervisors James P. Kenny, James Ee Moriarty, Thomas John Coll, Edmund ♦. Linscheid, Alfred M. Dias. NOES; Nona. ABSENT: pone. CERMFMD COPY I certify that this is a full. true & correct copy of the ori inal docur_ cnt whiO, is on file in my office, and that iL was passed &- dor)tcd by the Board of StIflerv:3Q:S of Contra (vi,3t3 rQ'3i?t}', California, on Lite !ate silo::_^.. ATTEST:TEST: j's. T. P.L4SCH, county ce: Public Works (3) cleric&ex:-officio clerk of said Board of Supervisors, Highway Planning by deputy clerk. 17 Subdivider V on (l ' RESOLUTION NO. 68A62 Form 23 68-6-200 PUBLIC WORKS DEPARTMENT . VICTOR-W. SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOP ROAD COMM I SSIONER•SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR July 15, 1968 ED Subdivision 3691 Jl�ECi�,eIV Jul_ 161968 Honorable Board of Supervisors W. T. P A A S C H Administration Building CLERK BOARD OF SUPERVISORS Martinez, California a caNG ro, rrA co. ! f�'�1l _Deputy Gentlemen: There is submitted for your approval the map of Subdivision 3691 in Supervisorial District III in the Lafayette area. Accompanying this map and pertaining thereto are the following documents: 1. ' Subdivision Agreement. Expiration date of one year time limit for completion is July 16, 1969. 2. A Surety Bond in the amount of $24,800.00 and a $500.00 cash deposit (Auditor's Receipt No. 67242 dated July 12, 1968) which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3- ' Labor and Materials Bond in the amount of $25,300.00. 4.% Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1968-69 tax, which became a lien on the first Monday of March, 1968 is estimated to be $9,500.00. 5. Tax Bond in the amount of $9,500.00 guaranteeing payment of estimated 1968-69 tax. The map is submitted for filing by the Western Title Guaranty Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTORW. SA Public War irecta By V. L• Cie Assistant Publ Works Director VLC:sc Highway Planning cc: Title Company Planning Department Construction Division b-12METT;CTCHCOCK • LORRAINE K. PLANZ COUNTY TREASL:RZR-TAY COLLECTOn PRINCIPAL CLhRK TAX COLLECTOR'S OFFICE PHONE 228.3000 EXT. 703.200•387 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZ, CALIFORNIA DUE AND PAYABLE FIRST INSTALLMENT OF TAXES OELtHOU NCUE ON THE FIRST DAY OF NOYEM9ER ON THE TENTH DAY OF APRIL SECOND INSTALLMENT OF TAXES t� �Q[n SECOND INSTALLMENT OF TAXES DUE AND PAYABLE July , 768 DELINOUENT ON THE FIRST DAY O; FEBRUARY ON THE TENTH DAY OF DECEMBER This will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 3691 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1967-68 tax lien has been paid in full. Our estimate .of the i.9h8--_i& tax lien, which became a lien on the first Monday of March, 1968 . is 39,-500.-00 . ffiKf&M HITCHCOCK Redemption Officer By: �'De/ply+y dl ti yy 3 STATE OF CALIFORNIA ss County of Contra Costa On JULY 11,E Ic?Q8 ; before me, A • Lambert a Notary Public, in and for said County and State, personally appeared 'Russell a. Bruzzone and Milton F. Bruzzone known to me to be the persons w ose namesa_�,_rr_su scr e to the within instrument, and acknowledged to me that t he_ executed the same. A.i•••••••••N••••••••Nsa• �..� - div obfy bHe Notary Public in and for the Count of ert No.ary PtibAC � •'� y Contra Costa caunfy State+�rarsan Contra Costa A. Lambert e r t State of California W coMOMb„Eg1M sn►t_33. ign BOND AGAIN18 TAMS 1MT B71 '='_SSE PRESENTS: THAT Russell J. Bruzzone and Milton F. Bruzzone , as principal - ,':`' �• " a corporation a id (Surety) oy arized and existing under the laws of the State of Californ:L and authorized to transact surety business in California as surety are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of NINE THOUSAND FIVE HUNDRED and no/100 --------------Dollars (� X500.00----------- ), to be paid to the said County of Contra Costa, for the payment of which will and truly to be trade, we and each of us bind ourselves, our heirs, executors, adminis- trators and successors, jointly and severally, firmly by these presents, Sealed with our seals and dated this /1 day of I � 196 Tile conditions of the above obligation is such that VMREAS, the above bounden principal is about to file a map entitled Tract No. 3601 and coverin;; a scab::ivizion of a tract of land in said County of Contra Coata, and 4-,heye aye certain liens for taxes and special assessments collec'ad as ta._es, asainst the said Tract of land covered by sai:: map, taxes ar.:f special assessments collected as taxes, are not as yet c'ua or ;payable. if the sat d Russell J. Bruzzone and Milton F. Bruzzone shall cay all of the taxes and spec a1 assessnen s collected as taxes which a_?c a lien asainst said tract of lana covered by said 1:,ap, at the time of t e filing of sail map of said Tract, then this oblisation shall ;,e void and of no effect. Otherwise it shall re- main in full force and effect. r ncippal ureEy 1 DY: t �f?t'nn?'7l P..CP^'1PTf' J All&k ti`li,r� ATI4t`i�KY-IN -FAV t State of California County of San Francisco ss. On this 11th day of July 19 68, before me personally appeared James A. Vick known to me to be an Attorney-in-Fact of Argonaut Insurance Company, the corporation described in the within instrument, and he acknowledged to me that he executed the within instrument as the act of the said Argonaut Insurance Company in accordance with authority duly conferred upon him by said Company. s A •4•••••• 1.1•••••••••••• NOTA ELIC 0� BEVERLY TERRY : BEVERLY TERRY" Notary Public • City F Co.of San Francisco • State of Catitornia • September 13, 1971 •••••••••••••••••••••••• My Commission Expires FID-951 SUBDIVISION AGREEMENT (§1) Subdivision: 3691 (B. & P. Code §§1Z64Z-Z2) (§l) Subdivider: Russell J. Bruzzone and Milton F Bruzzone 1 Effective Date : uAll-610 (Contra Costa County (§1) Completion Period:% Ond Year Standard Form; 8-67) (§4) Deposits : A. (cashT$500. 00 . B. (bonds , etc. ) 1. (faithful pert. & maintenance) $ 24.9 800.00 2. (labor,materials) 25,300.00 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants , and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following), in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. . Guarantee & :!aintenance. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security : De osit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (Z - FaithfuZ Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors , and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warrantu. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section 2 ; and if, at any time before the County' s resolution of completion for the subdivision, the improvement plan proves to be inadequate in any respect, Subdivi- der shall make changes necessary to accomplish the work as promised. IFILE D J11 L ARK^ CCLERRKC TV CCF A �SORS A 6. No Waiver bz? Count: . Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials , or payments therefor, or any combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards, commissions , officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. S. Costs. Subdivider shall pay when due all the costs of the work, inclu3!ng inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys' fees , costs of suit, and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements , the subdivision is annexed to a city, the County may assign to that city zhe County's rights under this agreement and/or any deposit or bond securing them. ZZ. Record Mao. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complyint., with State laws and County ordinances. -2- COUNTY C SUBDIVIDER: (see note below) By Ch an, Boar rvisors By ATTEST: W. T. PAASCH, County Clerk (Designate official capacity & ex officio Clerk of the Board in the business) ByJ2 Note to Subdivider: (Z) Execute Deputy acknowledgment form below; and (2) If a corporation, attach a certified copy of (a) the by- FORM APPROVED: JOHN A. NEJEDLY laws or (b) the resolution of District Attorney the Board of Directors, autnori- 2ing execution of this contract By,s and of the bonds required hereby. Deputy * Al * * * * * * * * * * * * * * * * * State of California ) ss. (Acknowledgment by Corporation, County of Contra Costa ) Partnership or Individual) On July 11, 1x68 , the person(s) whose name(s) is/are signed . above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed. this instrument, and ac- knowledged to me that he executed it and that the corporation or partner- ship named above executed it. l iA. Lambert Notary Public Contra Costa County 19 twminion Expires Sept.13, IM- 016 State of California • A . La mb er t _•••••••••�••••••••••••• Notary Public for said County and 14ate (Subdiv. Agrmt. CCC Std. Form) (HP-9; Rev. 8-67; 200) -3- STATE OF CALIFORNIA } ss County of Contra Costa ) On July 11, ic?68 ; before me, A. Lambert a Notary Public, in and for said County and State, personally appeared Russell J. Bruzzone and Milton F. Bruzzone known to me to be the person-a.—whose name Z—a-Zle_subscribed to the within instrument, and acknowledged to me that t he-Y_„_executed the same. A. Lambert • -- Grp'/", _�,�. Nota', �Ue!,� ; Notary Public in and for the County of Contra Costa County StateoiCa!;torria ♦ antra Costa A. Lambert State of California ♦•••o•••••••.•••••♦+.�•• � Mfr Cammiubn©cpEres Sept 13 my :r F�. R�:.d I 00 F.remium. �gl✓' IMPROVEMENT SECURITY BOND (FaithfuZ Performance & Maintenance, AND Labor & Materials) (CaZif. Bus. & Prof. Code §ZZ612; Contra Costa County Standard Form) Z. OBLIGATION. (PrinczpaZ) Russell J. Bruzzone and Milton F. Bruzzone as Principal, and (Surety) ARGONAu- INS i AINCE o. .r;. a corporation organized and existing under the laws of the State of California and authorized to transact surety business in Californ a, as Surety, ere y jointly and severally bind ourselves, our heirs, executors , administrators, successors and assigns to the County of Contra Costa, California, to pay it : (A - Faithful Performance, & Maintenance) WENTY FOUR THOUSAND EIGHT HUNDRED and no/100------ Dollars ($ 24,800.00----) for itself or any City-assignee under the below-cited subdivis on contract, plus (B - Labor & Materials) TWENTY FIVE THOUSAND THREE HUNDRED and no/100------ Dollars ($ 25,300-00 - for $ 25,300.00for the benefit of persons protected under Cal. Bus. &Prof.Code §11612. 2. RECITALS. The Principal contracted with the County on to install and pay for street, drainage, and other improvements in Subdivi- sion No. 3691 , as per map now being filed with the County's Recorder, and to complete said work within one year from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on PRINCIPAL SURETY .c "OMPANY By State of California ) - o unt y of FAw Francisco ) ss. (ACKNOWLEDGMENT BY SURETY) • On I � / , the persons) whose name(s) is/are signed above for Sure , and who is known to me to be the Attorneys )-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Surety and his/their own name(s) as i L 4%t,�jj net(s)-in-Fact. —� i A. Lam • '-' ' c - • y Public • �Ontra Cos unty i BEVERLY TERRY State of Californ Notary Public for said County and State (Imp. Sec. Bon1, C*ee1td.Form) •••••••••••••••••••••••• (HP-Z 5;Re v. 8-S7; 200) JVNinoi .- BEVERLY TERRY Notary Public • City&Co.of San Francisco• Aly Cor.-ni sion Expires September 13, 1971 i State of California • f l Ff 1 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUM, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain road as a_ County ; RESOLUTION N0. 67/947 road . . WH R AS, the Public Works Director having notified this Board of the completion of improvements in the subdivision here-inafter listed as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision mpg Tract 3692. Moramm. area ; NOW, TSBREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Data of ARre_e_ent Treat 3692 Angust 169 1967 (Rartford Accident A Indemnity Insurance Company - Bond leo. 3921272), and the Public Yorks Director is AUTHDRIZND to refund to Western Title Guaranty Company the $500 cash deposit as surety under the SubdLIvIsion Agreement, as evidenced by Auditors Receipt No. 60515 dated August 25, 1967. B$ IT FURTHER RESOLVED that the hereinafter described road , having been heretofore dedicated to public use by the filing Of map in the office of the County Recorder, be and the sou 1�. accepted and-declared to be aCounty road of Contra Costa C.onoti7' =88 DRIVE as shoan and dedicated for public use on the nap or Subdivision 3692 filed August 309 1967 in Boot[ 117 of Maps at Page 71p Records of Contra Costa County, State of California. PASSED AND ADOPTED this ,9t day of b7 the following vote of the Board: nes Public Yorks (4 Sn ervisors Janes P. t Recorder p enny, Altssd M. Dias, Subdivider, James E. Moriarty, Thomas John Coll, . Business A Ser►* Ndmund A. Llnocheid. Administrator �=. None. Sanding CO., ABSMtNme. CERTIFIED COPY c/o P.Y. _'Ply that thi& a h• 1.a Q ac�r«t t�al.4. 67/9#7 ..,YiwUt.lu..w.wt.hi.h ;. ..p. in ofhc., awl' RESOLUTION NO. I R.e,t•ot..d H adopted 4 th.Bo4r.1 o,Cra11r Pam #23.3 Covnis, Cali/.uric, ow tlr let..6-. !' ST. W. T. PAASCH c... Jff& Y z ot�eio Clark o/ .aid Board 01 l.Id7 ela� .. waGL�li�d'".""J► a IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUhI s STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 3692, Moraga area. ) RESOLUTION N0. 67AOS WHEREAS a map entitled Tract 3692 , property located in the AWASS am , having been presented to this Board for approval, said map hav ng been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer statins that there are no unpaid County taxes heretofore levied on the property included in the map, and that• the current 1966.1967 tax lien has been paid in frill, and the 1967.1968 tax liens which ' became a- lien on the first Monday of March, 19679 is estimated to be $1a4W; and k Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 49 Title 89 of the County Ordinance Code; Surety bonds issued by Hartford Accident and Indemnity Insurance Company with Arline L. Johnson, and Mary Ari Jobwon as principal; as follow s No. 3921272 in the mount of $3,200 for Faithful Performances $3,700 Labor and Materials to guarantee so■pletion of roe& and street improvements= $500 cash deposit (Auditorls Receipt No. 60515 dated August �5s 1967); Tax Bond (Bond No,-3921271) in the amount of CLAN guaranteeing payment of 1967.1968 tax; Inspection fee $185. Subdivision agreement between Arlias L. #ahnsm and Mary Ann Johnson subdivider and the County of Contra Coate, wherein said sub- divider agrees to complete road and street improvements, etc., in said subdivision within o_ne, year from the date of said agreement; RESOLUTION NO. 67/bo,5 Fors #23 NOW, THERVORE, BE IT RESOLVED that said bonds and deposits and the amount,: thereof be and the sane ars hereby IMPROVED. BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agresmen . BE IT FURTHER RESOLVED that said nap be and the sane is hereby APPROVED and this Board does not accept on behalf of the public any of the streets, roads, avenues, or easements shorn thwom as dedicated to public use, PASSED AND ADOPTED this 29th day of Asst , 1961, by the following vote of the Board: AYES: Supervisors Alfred K. Dias, Jams M. Moriarty, Ed—and A, Linscheid, NOES: None, ABSENT: Supervisors Janes P. Kemy, Thomas John Cella; cax71F16D COPY 1.eetif y that 44 ie o/up, bre &oorsect coop of A. original dacsmen! wk;ck is on Ale in -y office, a.i that it Vas priced&adarted by the S.wr.l of Soper• oioor, of Contra Contra an the date Aovn.A77c61: W. T. PAASC:H,county cl.rk & ex-officio eleri of eoid Board o1 sversisori,M ivaly clerk. cc: Public Yorks (3) Nigl„y Phoning ». Subdivider- } Title C=WWW RESOLUTION NO. 67/60 Fora X23, Pg. 2 F. WHO'RKG DEPARTMENT VICTOR W. 01ftec COWRA R Al COSTA CO� / R.LIOOWN ►YwLN:Mw1Ia Olw[CTow CMM/OdYT►'U/LIC MOwIIS 0109C700 aw 0"WeN1oat11.GuRvaYOII STN FLOOR. A004I01IaTwAT1OM OIIIL01M0 MARTINEZ. CALIFORNIA SNS! R. D. SROATCN T[LILP""a am-3000 0SPUTV PUMIC WORKS Olwtcrow August 29, 1967 Subdivision 3692 FILED Honorable Board of Supervisors A J r 291967 Administration Building W. T. P A'A S C H Fiartinex, California CLERK BOARD OF SUPERVISORS CONTRA CC�O``STA CO. 1MY02d"dd9Zb1,6.IL�t_.^^""Dwut Gentlemen: There is submitted for your approval the map of Subdivision 3692 in Supervisorial District III in the Moraga wean Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is August 19, 1968 2. A Surety Bond in the amount Of 13,200 (Hartfod Accident & Irmnity Ins. Co. Bond No. 3921272 and a 1500 cash deposit Auditor s Receip No. 60515 dated 825/67 which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Lobar and Materials Bond in the amount of 13,700 (same as above) 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1%7-68 tax, Which became a lien on the first Monday of March, 1967 is estimated to be 11,400. 5. Tax gond in the amount of 11,400 guaranteeing payment of estimated 1967-68 tax. The map is submitted for filing by the Western Title Guaranty Company under the rrovisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision agreement on behalf of the County. Very 'truly yours, VICTOR ?1. SO ER Public Wor Directo� VLC:mJ ev ccs Title Company V. L. Cline Planning Department Assistant public Works Director Construction Division Highway Planning AP46 (7-66) ' SUBDIVISION A FILED NISI AGREEMENT (Bus. & Prof. Code Secs. 11611 & 11 2) P!!G 291967 (Contra Costa County Standard For ) W. i P A A15,C H CLERK BOARD OF SUPERVISORS I. Parties and Purpose. The County of Contra Cc " rc�_ Deput subdivision of the State of California, hereinafter called "County", and ARLISS L. JOHNSON and MARY ANN JOHNSON, his wife hereinafter called "Subdivider", mutually agree that Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs and fire hydrants, and all improvements as required by the County Ordinance Code, as amended, especially Divi- sion 4 of Title 8 (Sections 8 +00 and following), and all improvements required in the approved improvement plan of Subdivision 3692 , as per map now being filed with the County's Recorder; and Subdivider shall complete said work within one year from date hereof as required by the Subdivision Map Act of the State of California (Business and Professions Code Section 11500 et seq. ), and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder. II. Costs. Subdivider shall pay when due the costs of all said improvements and work, and of relocating existing utilities when neces- sitated by said work, and of inspecting all such improvements and work. III. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. IV. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, in accordance with the provisions of Business and Professions Code Sec. 11612, deposit as security with the County: ( 1) the sum of $500 cash; together with . . . . . . . . . . . . (2) (A - Faithful Performance) additional security for at least the total estimated cost of the improvements and work less $500, to wit: Three thousand two hundred --------------- Dollars ( $ 3,200.00 ) in the form of a cash deposit, a certified or cashier 's check, or an acceptable corporate surety bond guaranteeing its faithful performance (Subdiv. Agrmt. , CCC Std. Form) -1- • • STATE OF CALIFORNIA Notary Public Contra Costa County Count, of Contra Costa ss. . ty State of California County in which acknowledQament is taken On AUS lst 1 �; —./9--67 ,before me, T)P1 f ink t.lnrr�ahzr a Notary Public,in and for said** County and State. personalty appeared Writs ortype home at notary ArIiSS L. Johnson and Mary Ann Johnson known tome to be the person E whose name' Pr a subscribed to the within instrument,and acknowledged tome that-.he Z'r executed the same. **1f notary is commissioned in another County In addition to siynatura trpa* riot name of notary strike"said"'and name County. Notary Pu lic (individual) of this agreement, plus (B - Labor & Materials) another such additional security in the full amount of said estimated cost, to wit: Three thosand seven hundred ----------------- Dollars ( $ 3,700.00 ), securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them or to the Subdivider for the improvements or work. V. Assignment. If, prior to County's acceptance of these improvements, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing it. VI. Inconsideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as onecomplying with State laws and County ordinances. DATED August 16, 1967 COUUYAOF CONTUA COSTA? SUBDIV R• (See a ow) B hairman of the Board of Supervisors Arliss L. JoMs6n ATTEST: W. Te PAASCH B �d County Clerk and ex-officio Clerk si a a capac y of the Board of Supervisors in the bsin s) Mary Ann Jo�inso By�a lTst,G�K!'Y.1 Deputy Note to Subdivider: ( 1) Execute acknowlegement form below; and �2j if a corporation, attach a certified copy of (a) the by-laws, or bthe resolution of the Board of Directors, authorizing execution of this contract and of the bonds required hereby. State of California ) (Acknowlegement by Corporation County of Contra Costa ss Partnership or Individual) On Au ust 22 1967 , the person( s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual z and officer or partner as stated above who signed this instrument, and ' acknowledged to me that he executed it and that the corporation or partnership named above executed it. Dell na NorUaby Notary Public for said County an tate Subdiv. Agrmt, CCC Std. Form) HP-9; Rev. S-6h;500) j� � 2 • , BOND NO. 3921272 IMPROVE14EJT SECURITY BOND "' I L P D (Faithful Performance, AND Labor & Materials) (Calif. Bus. & Prof. Code Sec. 11612; Contra Cosa CoutilVy 2049rdArd F ) W. T. I'A Fi�� H 1. OBLIGATION, Artiss L. Johnson and Mary Ann Johnson CLERK soARO o A al WWRA COW and (Surety) Hartford Accident & Indemnity Insurance Company ' •L'};n,.r -l�.p"i i on organized and existing under the laws of the State of California and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance) r-, Three Thousand Two Hundred and NO/100 Dollars ($3#200.0o ) or itself or any City-assignee pursuant to the su ivision contract referred to below, plus _(B - Labor & Materials) Three Thousand Seven Hundred and NO/100 Dollars ($3,700.00 ) for the use and benefit of persons entitled thereto under Californiau�siness and Professions Code Section 11612. 2. RECITALS. The Principal contracted with the County on August 16, 1967 to install and pay for street improvements, tract drainage, and other improve- ments as required by the Coynty's Ordinance Code and the approved improvement plan of Subdivision No. 3692 , as per map now being filed with the County's Recorder, and to complete said work within from said date, in accordance with applicable State laws, County ordinances and rulings thereunder. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent to make such alterations without further notice to or consent by Surety is hereby given; and the Surety hereby waives the provisions of Calif. Civil Code Sec. 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney's fees as fixed by the court to be taxed as costs and included in the judgment. SIGNED AND SEALED on August 16,1967 PRIAMPa SURETY .. r Hartford Ac i t 3 Indfff5:jfy Insurance Company By By LZ=� KODWT J.- e i Ln- act State of Qallifo County of °n ° O5 ss• (ACKNOWLEDGMENT BY SURETY) On August 16.19:16 the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorneys)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Surety and his/their o,,m name(s) as its Attorhey(s)-in-Fact. �$ �lic ty and State WIm-15;Rev.8-64;500) p. Sec.Bond,CCC td.Form} f� Dawes,! - �••7 as"r "MANY pUjjL K A COSTA C CAL'YORIVIA � wr ��.1mQ 29. 1968 EMMETT HITCHCOCK LORRAINE K. MANZ COUNTY TREASY7lER.TAX COLLECTOR PRINCIPAL CLERK- TAX COLLECTOR'$ OFFICE PHONE 226.5000 EXT. JSS.,Se.,ST CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXIS MARTINEZ. CALIFORNIA nRer INstw OF TAXES OUt AND PAYASLE DEIINGUEMOYENT ON THE FIRST DAY OF HOVEMSER ON THE TENT" DAY OF APRIL SECOND INSTALLMENT OF TAM July 25 J 1967 SECOND INSTALLMENT OF TAXES but AND PAYASLE OELINOURAT ON THE FIRST DAY OF FESRYARY ON TNI TENTH OAT OF DECIMSIR FILED AUG 291967 W. T. PAASCH CLEXtK HOARD OF SUPERVISORS C TR COSTA CO. y 17 DepYt This will certify that I have examined the map of the proposed subdivision entitled: TRACT NT0. 3692 and have drtem"ad fraa the official taX reooeds that there are no =pail County tars heretofore le►ied at the property included in the snap. The o 19 tat lien has been paid in full. Our sstiaate of the 1967-68 tac lien, which became a lien on the first N=d�of Narch 1967 is A 11400 00 . X wff HITCHCOCK Redemption Officer r y BOND NO. 3921271 BOND AGAINST TAXES FILED KNOW ALL MEN BY THESE PRESENTS: ""G; 2 9 1967 1'1. T. PAASCH THAT Arliss L. Johnson and Mary Ann Johnst1833y' 8B * Co GO �vlsoRs � a pu and (Surety) Hartford Accident & IndemnityInsurance t - organized and existing under the laws of the State of California and authorized to transact surety business in California as surety are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of One-thousand Four-hundred and no/100 Dollars ($1,400.00• ), to be paid to the said County of Contra Costa, for the payment of which well and truly to be made, we End each of us bind ourselves, our heirs, executors, administrators and successors, jointly and severa113 , firmly by these presents . Sealed -with our seals and dated this 16d' day of August , �9 67 , The conditions of the above obligation is such that WHEREAS, the above bounded principal is about to file a map entitled Subdivision 3692 , and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said Tract of land covered by said map, which.,taxes and special assessments collected as taxes, are not as yet due or payable. NOW, THEREFORE, if the said Princioal _ shall pay all of the taxes and spec al assessments co ec a as taxes which are a lien against said tract of land covered by said map, at the time of the filing of said map of said Tract, then this obligation shall b, voi and of no effect. Otherwise it shall re- mai i full f ce nd _,f ect. i s7. o sun, r nc ay o ns r nc pal Hord Acci 'b Indemnity Insurance Company Sur ty B ACKNOWLEDGEDUKNT t J. Al IonA orney n -i -Fact (BY SURETY) State of California } County of Contra Costa ) Aug. 6 1967 ounty in which acknowledgements a en On g• , , before me, Mary Dawkins a otary Public, in an or sa County and State, personally appeared o tJ- Wen known to me to be A y-in' ac of the corporation that executed the within ns rumen and a so known to me to be the person who executed it on behalf of such corporation and acknowledged to me that such corporation execu nt purs to its by- aws a reso1 ti iBLIC I TM on of i t sm^Gty cleft ( � (��y '` CONTRAARY I� oty 9Wkins t CALIFOMIA name nar NOTA fPUBLIC M7 cam={"Im EsptrM Awd 29 19FR IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA June 30 197 0 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 3696, Rheem Area, ) Work Order: 6717 ) Deposit: $500 ) Auditor's Permit No. 68312 ) Dated September 6, 1968 � Refund to: Bosco ) 2777 Alvarado Street ) San Leandro$ California ) On June 24, 1969 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 34th day of June , 197 0 cc : Public Works (2) W. T. PAASCH, CLERK Subdivider //��,:e1�f'�/�j By `"" 1 i , Deputy Clerk Anne . . or In the Board of Supervisors of Contra Costa County, State of California July 22 . 19y 69 In the Moth► of Authorizing Public Works Director to Refund $300 Cash Deposit re Subdivision 3696 Rheem Area. On recommendation of the Public Works Director and on motion of Supervisor E. A. Linscbeid, seconded by Supervisor J. P. Kenny, IT IS BY THE BOARD ORDERED that the Public Works Director is AUTHORIZED to refund to BESCO, 2777 Alvarado Street, San Leandro, California, $300 cash deposit as evidenced by Auditor's Permit No. 73880 dated May 149 19699 said cash deposit having been retained to provide for the extension of a culvert into a future subdivision, which subdivision has been filed and said extension covered in that subdivision. The foregoing order was passed by the following vote of the Hoard: AYES: Supervisors J. P. Kenny, A.' M. Dias, E. A. Linscheid, J. E. -Moriarty, NOES: None. ABSENT: Supervisor T. J. Coll. I hereby certify tiwt the foregoing is o true and coned copy of on order w wed on the mites of said bad of Supervisors on the dote aforesaid Witness my hand and the Sed of the Board of Supervisors affixed this 22nd of July -019 .69 cc: Public Works W. T. PAASCH, Gent Subdivider � , 4e Do" C6& Anne M. McSor� M 24-5/69-e0M IN THE BOARD OF S UPERV I:�ORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Flatter of Completion ) of improvement: and d eclarin¢ ) certain roam as County ) i?ESOLUTION N0. 69/391 roedL, Subdivision 3696, } MoraDa Area, York Order No. 6717. ) I-MEREAS the Public Works Director having notified this Board that with the exception of minor deficiencies (5300 cash bod deposited) Improvements have been completed. in Subdivision 3696, Mor4gM area, as provided in the agreement heretofore executed by this Board in conjunction vith the filing of the subdivision map; NO1+I9 THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of estab- lishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement Tract 36y6. horaga area October 1, 1968 (Pacific Indemnity Cowpany - Bond No. 326739) -BE IT FURTHER F&SOINED that the $500 cash bond surety (Auditor's Receipt No. 66312 dated September 6, 1966) Is RETAINED for ons year in conformance with the requirements of Section 8429 of the Ordinance Coda. BE IT FURTHER RESOLVED that the hereinafter described road s, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same ark_ accepted and. declared to be _ County roads of Contra Costa County; b PASEO GRANDE (36/56 feet/0.47 mile) \ PMEQ-SEL CAM (32/50 feet/0.05 ml le) :CORTE ANNETTE (32/50 feet/0.03 jai le) CORTE ENC INA (32/50 feet/0.03 mi 10) CAMPMINDO DRIVE (36/56 feet/0.02 ml le) CORTE PINTO (32/50 feet/O.04 ml le) as sham and dedicated for publ is use an the map of Subdivision 3696 filed Octoier 2, 1968 In Book 124 of Maps at Paps 25, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 24th day of June , 196_� by the folloving vote of the Board! AYES: Supervisors J. P. Kenny, A. M. Dias, T. J. Coll, _ E. A. linscheld, J. E. Moriarty. ~ NOES: NOM. ABSENT: Nona. RESOLUTION NO. 69/391 Form 23.3 6/68/200 • i i t { i t I HEREBY CERTIFY that the foregoing Is a true and correct copy of a resolution entered on the ainutes of •aid Board of Supervisors an the data aforesaid, Witness ny hand and the Seal of the Board of Supervisors affixed. this 24th day of -June W« T. FAASCH, CMX -N-Ti-fes=_ I c reg Ta a1r Deputy Clerk cc; Recorder Public Works (2) Sub&N ider i f ss • i I 1 s� s IN THE BOARD G1F SIIPEMSORS OF CONTRA COSTA COUMp STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 3696, Moraga Area. RESOLUTION NO. 68/667 WHEREAS a map entitled Tract 3696 , property located in the Mo a a a s , having been presented to this Board for approval,, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the nap, and that the current 1967-1968 tax Ilan has been paid in full, and estimate of the 1968-1969 tax lien, which became a lien on the let of March, 1968 is $20,000; and Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4, Title 8, of the County Ordinance Code; Surety bonds issued by Pacific Indemnity Company with BE.9C09 a partnership, as principal as follows: No. 326739 in the amount of 3679200 for Faithful Per- formance, and $67,700 for Labor and Materials; Cash Deposit (Auditor's 8eeelpt No. 68312 dated September 69 1968) in the amount of $500; Bond Against Taxes (No. 326740) issued by Pacific Indemnity Company in the amount of 3209000 guaranteeing payment of estimated 1968-1969 tax; Inspection Fee in the amount of 339385; and Subdivision agreement between Besco, a partnership. 2777 Alvarado Street, San Leandro, California subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete road and street improvements, etc., in said subdivision within one_ year from the date of said agreement; RESOLUTION N0. 68/667 Porn #23 NOW, THEREFORE, BE IT RESOLVED that said bonds AviA denosits and the amountjl thereof be and the same are hereby APPROVED. BE IT FURTHER RE.GOLVM' that said subdivision agreement be and the same is hereby APPROVED and the r Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, awes or easements shom thereon as dedicated to public use. PASSED AND ADOPTED this lot day of October , 19_189 by the following vote of the Board: AYE.: Supervisors James P: Kenny, Janes E. Koriarty, Thomas John Coll, Edmmd A. Unscheld, Alfred X, Dias. NOES: None. ABSENT-. None. oc: Public Yorks (3) Highway Planning Subdivider CERTIFIED COPY I certify that this is a full, true &: correct copy of the original donii:m-?nt viii^?i is on file in my office, and that it was ntinnte'l b.y the Board of SUPP-rVisors cf C'rt:_;-^ Cost: County, California, on the date shol"n. A"TEST: tif. T. PAASCH, county clerk&es-officio clerk of said Board of Supervisors, by deputy clerk. 0. RESOLUTION NO. 68/667 Form 23 68-6-200 t In the Board of Supervisors of Contra Costa County, State of California October 1 In the Matter of Authorizing Acceptance of Consent to Dedication of Public Roads,Subdivision 3696, Moraga Area. On motion of Supervisor T. J. Coll, seconded by Supervisor J. P. Kenny, IT IS BY THE BOARD ORDERED that a Consent to Dedication of Public Roads, dated August 8, 1967, is accepted for recordation from East Bay Municipal Utility District, required for the filing of map for Subdivision 3696. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, J. E. Moriarty, T. J. Coll, E. A. Linscheid, A. M. Dias, NOES: None, ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Public Works (4) Supervisors affixed this lst day of October , 196 8 Administrator �- W. T. PAASCH, Clerk By— Do" Cork Anne M. McSorley M 21-7/ice I OM PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC YJORKS DIRECTOR ROAD COMMISSIONER.SURYEYOR 5TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR September 25, 1968 Subdivision 3696 i ECEIVED Honorable Board of Supervisors Administration Building �i 1 - 1968 Martinez, California W. T. P A A S C H CLCRK BOARD OF SUPERVISORS Gentlemen: Qj�NT TA CO. WpYt There is submitted for your approval the map of Subdivision 3696 in Super- visorial District III in the moraga area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is October 1, 1969. 2. A Surety Bond in the amount of 567,200 and a $500 cash deposit (Auditor's Receipt No. 68312 dated September 6, 1968) which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond in the amount of $67,700. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property# and that the 1969 tax, which became a lien on the first Monday of march, 1969 is estimated to be $20,000. 5. Tax Bond in the amount of $20,000 guaranteeing payment of estimated 1969 tax. The map is submitted for filing by the Title Insurance and Trust Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAUER Public Works Director By ::Lf JP:sc T. E. Lowell Enclosures Assistant Highway Planning Engineer cc: Title Company Planning Department Construction Division September 249 1968 F. R. Brown, Chief Deputy Public Works Director V. L• Cline, Highway Plan" Engineer Agenda Item for October 1, 1969 JUPERV SORIA DISTRICT III Item Subdivision 3596 • Maraca Area It is recommended that the Board of Supervisors approve the wsp far Subdivision 3696 and authorize its chairman to sign the Subdivision Agreement on behalf of the County and accept for recordation a "Consent to Dedication of Public Roads" two East say Municipal Utility District repulrad for the filing of said wap for Subdivision 3696. Owners SESCa, a partnership, 2777 Alvarado Street, San Leandro Engineers Richard K. Randles, 13923 San Peblo Avenue, San Pablo Performance Bonds Cash $S30 Surety $67,203 Labor and Materials Bonds $570700 ,Inspection Fees $3,385 Number of Lote s Sl Mileages 0.64 Time limit for completion expires October 1, 1969 (1 copy) (HP) JPssc EMMETTLFRED P. LOMELI MMETT HITCHCOCK COUNTY TREASURER-TAX COLLECTOR OFFICE MANAGER TAX COLLECTOR'S OFFICE PHONE 220.7000 EXT. 2384.2385•2386 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 FIRST INSTALLMENT OF TAXES DUE AND PAYABLE - DELINQUENT ON THE FIRST DAY OF NOVEMBERAa ' ^ ON THE TENTH DAY OF DECEMBER 168 SECOND INSTALLMENT OF TAXES l! 7 SECOND INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF APRIL This will certify that I have examined the map of the proposed subdivision entitled: Tract leo. 3696 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 196748 tax lien has been paid in full. Our estimate of the 12§&42 tax lien, which became a lien on the first jkfilft of ch, 12y,, is $ 20,000,,00 • RVEnT HITCHCOCK Redemption Officer By: Deputy m � I is STATE OF CALIFORNIA, SS' i COUNTY OF Alameda II r II ON August 30th, jbefore me, the undersigned, a Notary Public in and for said State, personally appeared V. P. Young, r. i� +�»;.�♦�v��•�+ '�'�1'�'►1++,.�•� known t0 me, ` "' LENA 0`ZEIHER'^ to be one of the partners of the partnership that executed the within Instrument,and acknowl- edged to me that such partnership executed the same. �,; ALAMEDA CO., CAUFf;nNtA'. II �.•.�: a- �.- .� .�. WITNESS my hand and official seal. ii 1 LMA Q �� My �emWon m S. NAME oR PRINTED) 'I MCoIj �i � A�S19P Notary Publicic in and for said State. ACKNOWLEDGMENT—Partnership—Wolcotts Forst Z*--Rev.3-64 L41 NO. 326739 IMPROVEMENT SECURITY BOND (Faithful Performance & Maintenance, AND Labor & Materials) (CaZif. Bus. & Prof. Code §11612; Contra Costa County Standard Form) Z. OBLIGATION. (PrinczpaZ) Besco, a partnership,. as Principal, and ure y) PaclfiFlndemnity Company,, a corporation organized and existing under the laws of the State of California and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs , executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it : (A - Faithful Performance, & Maintenance) Sixty Seven Thousand, Two Hundred ------------------Dollars ($67,200.00 ) for itself or any City-assignee under the below-cited subdivis on contract, plus (B - Labor & Materials) Sixty Seven Thousand, Seven Hundred-----------------Dollars ($ 67 00.00 ) for the benefit of persons protected under Cal. Bus. &Prof.Code §11612 . 2. RECITALS. The Principal contracted with the County on to instate and pay for street, drainage, and other improvements in Subdivi- sion No. 3696 , as per map now being filed with the County's Recorder, and to complete said work within One year from said date, all in accordance with State and local laws , rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement , and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety ; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on AUGUST 30th, 1968 PRINCIPAL SURETY Beseno a partnership By By � � � � � * +t * � * �► * * +� � � � � � *Va hr*m C he re zi an *titer n erin �t apt * � State of Calif � n a ss, County of Alam da ) (ACKNOWLEDGMENT BY SURETY) On August 30th, 1968 , the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorneys)-in-Fact for this Corporate Surety, personally appeared before me and acknowle ged to me that he/they signed the name of the Corpora tio as Surety and hi /their own name(s) as its Attorney(s)-in-Fact. ...: . ,�/,CCS✓ � � /c�_�-d t:,.. Rotary Public for said County and State (Imp. Sec. Bond;CCC Std."Form) (HP-Z5;Rev. 8-67; 200) iF `E E � t }i STATE OF CALIFORNIA, ti COUNTY OF Alameda on 'ugust 3cth, 19 68 before me, the undersigned, a Notary Public in and for said State, personally appeared V. z You,-:g, Jr.__ and F. We Valles g.•;•,, ., .. known to me, LENA Q, ' to be the partners of the partnership that executed the within Instrument,and acknowd- 2ElNER t. edged to me that such partnership executed the same. NOTARY PUBLIC '• e= ALAMEDA CO., CALIIORNIe WITNESS my hand and official seal. !! i 'i LENA O. WHER II NAME(TYPED OR PRINTED) f My Com inion Expirm April S.1969 Notary Public in and for said State. ACKNOWLEDGMENT--Partnership—wolwtts Form 236---Rey.3b4 4� 1 t • NO. 326740 BOND AGAINST TAXES KNOW ALL MEN BY THESE PRESENTS : THAT BESCO, a Dartnership, as principal and PACIFIC INDFWITY CO1rIPANy_ J100 a �ernnratinn� as sureties are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of TWENTY THOTMAND AND Nn/--------------Dollars ( J20.000-00 to be paid to the said County of Contra Costa, for the payment of which we and each of us bind ourselves, our heirs, executors, adminis- trators, and successors, jointly and severally, firmly by these presents. SEALED with our seals and dated this day of �cy Si 19-("F-N . The conditions of the above obligations are such that `.1HEREAS, the above bounded principal is about to file a Map entitled "Subdivision 3696, Contra Costa County, California" and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said Tract of land covered by said Map, which taxes and special assessments collected as taxes, are not as yet due or payable. Now, therefore, if the said PrinciDal shall pay all of the taxes and speclil assessments collected as taxes which are a lien against said tract of land covered by said Map at the time of the filing of said Map of said Tract, then this obligation shall be void and of no effect. Otherwise, it shall remain in full force and effect. HCSCO, a partnership Dated: August 30th, 1968 By. PACIFIC COMPANY, a corporation ure y By= /a"4-- Surety Vahram Cherezian A rney-in-fact STATE OF CALIFORNIA COUNTY OF CONTRA COSTA ss. Am* A Co2.p0R Ail O#V Sureties named in the foreg io ng bond, being duly sworn, each for himself says : That he is a freeholder and resident within said State and is worth the said sum of Dollars, over and above all his debts and liabilities, exclusive o property exempt from execution. Surety ure y Subscribed and sworn to before me this day of 19 Notary c F, STATE OF CALIFORNIA, » } County of......._....ALAMEDAss............... ._ On this_ 30th day of—.-AUGUST 19.68., before me, a Notary Public in and for said County and State, residing therein duly comntissioned and sworn, personally appeared..--..---- .... ppeared...........___....»»..._.......... ...................V.akMaxxf,...C.b1U.C.7. ..« -.............................................._................._...................._....__ known to me to be the duly authorized Attorney-in-Fact of PACIFIC INDE:1fNITY COM- PANY, and the same person whose name is subscribed to the within instrument and he (she) acknowledged to me that he (she) subscribed his (tier) open name as the Attorney-in-Fact for and �,:,,:. zr,t�f.aecp3��S±»tts»ttftzttsao�t=raft on behalf of PACIFIC INDEMNITY COMPANY. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the day and year in this Certi to first above written. Notary Public in a ,r f ........«-_. Alameda State of California. Form G1000 Rey. E 20M 567 F.. SUBDItiISION AGREEMENT (§1) Subdivision: 3696 (§1) Subdivider: Bosco, a partnerhip (B. & F. Code §§116ZZ-Z2) 1 Effective Date: Oc-+. l{ 9(0$ (Contra Costa County (§1) Completion Period: One Year Standard Form; 8-67) 04) Deposits : A. (cash5 $500 . B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ 2. (labor,materials)$ 670700-00 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs , fire hydrants , and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision clap Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the Improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and. ,_ be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Secu=rity: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (l - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated. cost, securing payment to the contractor, to his subcontractors , and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. hlarrGntu. Subdivider Z•iarrants that said improve;ient nlan is ade- quate to accomplish this work as promised ;n Section 2 : and i", at any time be_-o�-e the County's resolution of cn p) ter: for the subdivision, the improvement *plan proves to be 1 na-deq a' E ir: any respect , Subdivi- der shall make changes nec�ssary to wa;•4c as promised. F- 1 L E D ..i. I .-Inca 1 01. T. PAASCH 6. No Waiver by Counts. Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent- or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards, commissions, officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omissicn (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters . d. Costs. Subdivider shall pay when due all the costs of the work, inclua ni g inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. ZD. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation -incurred by County in connection therewith. ZZ. Assignment. Zf before County accents these improvements, the subdivision is annexed to a city, the County may assign to that city the County' s rights under this agreement and/or an deposit cr bond securing them. Z2. Record l•'ao. Ir. corsiderat-'on hereof, County shall a-.lo: Subdivider to file and record said subdivision map , and recognizes this subdivision as one complying; V ith State las.:s and County ordinances. -2- a CO UN OF CO SUBDIVIDER: (see note below) ByCha an, Boa of Su isors T ScO-a oar}nershir_ By ATTEST: W. T. PAASCH, County Clerk (Desi ate o ficial capacity & ex officio Clerk of the Board in t business) By e Note to Subdivider: (Z) Execute Deputy acknowledgment form below;; and (2) If a corporation, attach a certified copy of (a) the by- FORM APPROVED: JOHN A. NEJEDLY laws or (b) the resolution of District Atto _ey the Board of Directors, authori- zing execution of this contract By and of the bonds required hereby. Deputy State of 'California ) ss. (AcknowZedgment by Corporation, County of Alameda ) Part=nership .or Individual) On August 30th,1968 , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as s_t-ted above who si-- ned this instrument, and ac- 1-now-11edgedto n:e that he executed It and that the corporati n or partner- ship named above -executed it . LINA 0.ZEHIER NOTARY PUBLIC !� AlAMEDA CO., CALIFORNIA%: LENA O. ZEIN" «<it�'LL...{ �� y►•� t Notary Public for said CUl'rt an' L J ('Subdi-,). Aarmt. CCC Std. Form) i'LT P; Rcv. 8-67; 200) -3- My CommiWo.Empka A01%1W J 1 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA February 16 1971 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 3702, Danville Area, ) Deposit: $500 ) Auditor's Permit No. 62124 ) Dated November 22, 1967 ) Refund to: Tibros Corporation ) 2948 Buskirk Avenue ) Walnut Creek, California On November 26, 1968 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. Location: Along Paraiso Drive and Greenbrook Drive, easterly of Everett Drive in the Danville area, I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 16th day of February , 1971 cc : Public Works (2)' W. T. PAASCH, CLERK Subdivider B �� /Yz�'ize-az.� By � Deputy Clerk Ruth B. Donovan IN THE BOARD OF S UPERV IS ORS OF CONTRA COSTA COUNTY, STATE OF CALIFOWIA In the Matter of Completion ) of improvements and declaring ) certain roads as - County ) REaOLUTION N0. : 68/833 road s, Subdivisio37029 ) Danville Area - ) WWo-r-k-Order 6309 -- ) WHEREAS the Public Works Director having notified this Board that Improvements have been completed in Subdivision 3702, Danville area, as provided in the agreement heretofore executed- by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RE.QOLVED that the improvements in the following subdivision have been completed for the purpose of estab- lishing a terminal period for filing of liens in care of action under raid Subdivision Agreement: Subdivision Date of Agreement Tract 37029 Danville area October 24, 1967 (Great American Insurance Company - Bond No. 1593617) BE IT FURTHER RESOLVED that the $500 cash bond surety (Audi- tor's Receipt No. 62424 dated November 221, 1967) is RETAINED for one year pursuant to the requirements of Section 8429 of the Sub- division Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described road, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same an accepted and. declared to be County roads of Contra Costa County: PARAISO DRIVE (40 feet/0.28 mile) PAULETTA COURT (32 feet/0.05 mile) CROI1WELL COURT (32 feet/0.04 mile) GREENBRDOK DRIVE (40 feet/0.18 mile) GAMINA COURT (32 feet/0.05 mile) as shown and dedicated for public use on the map of Subdivision 01702 filed November 29, 1967 in Book 118 of Maps at Page 11, j I icial Records of Contra Costa County, State of California. t PAS:iED AND ADOPTED this „6U day of November , 196 . by the following vote of the Board: ACES: Supervisors James P. Kenny, James E. Moriarty, -1 Thomas John Coll, Edmund A. Linscheid, Alfred M. Dias. NOES: None. i i ABSENT: N one. t RESOLUTION NO. 68/833 Form 23.3 6/68/200 I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution entered on the sinutes of said Hoard of Supervisors on'tbe date aforesaid, Witness my hand and the Seal of the Hoard of Supervisors affixed. this 26th day of November W. T. PAASCH, CLERK Mildred 0. g Deputy Clerk ccs Recorder Public Works (3) Highway Planning (2) Business & Services Div, P. W. Maintenance Div. Subdivider 1 2 1 t� 1 In the Board of Supervisors of Contra Costa County, State of California _October 8, 1968 In the Matter of Acceptance and Recording of Drainage Release for Subdi- vision 37029 San F.emon Area. On motion of Supervisor J. 3. Moriarty, seconded by Super- visor E.. A. Linscheid , IT IS BY THE BOAFD 0R17F.I3-t-lo' that the Drainage 14 Release from Uarvey E. Hook, et al. for drainage graters flowing rom Subdit,ision 3702 upon lands of the grantor is hereby ACCEP"ED for recordation. ZT TS 'FUP.T ,EB OF.DEHED that the Clerk of the Board is directed to cause said Drainage Release to the County of Contre. Costa to be recorded in the office of the County Recorder together with ,a certified copy of this acceptance. The foregoing order was passed by the following vote of the Board,: AYES: Supervisors James P. Kenny, James E. Morlarty9 nomas John Coll, Edmund A. Linscheid, Alfred '•x. Dias. NOES: None. A1.23SM1,T: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes or' said Board of Supervisors on the date aforesaid. ac: Recorder ) Witness my hand and the Seal of the Board of Subdivider) c/o H.P. Supervisors Grantor affixed :his $th day of cn _tntnn,- , 19614 Planning Department W, T. pAASCH, Clerk ?ublic l:orks sigh�'ay Planning By /4j r,t�_ Deputy Clerk H24•3/68-��'_ght of ldsy Mildred 0. Ballard District Attorney Administrator y N 1, Ili THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY9 STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) rea. RESOLUTION l(0. 6?/890 Tract 3702. Danville a ) WHEREAS a map entitled Tract '4702 , property located in the , having been presented to this Boars for approve map hav ng been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1967-1968 tax lien has been paid in ftll; Letter from the Public Works Director stating that amid map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4. Title 8, of the County Ordinance Code; Surety Bond No, 1593617 issued by Great Amerloan Insur-once Cospanyg with Tibros Corporation9 a corporation, as principal, as follower Faithful Performance in the amount of $7796009 and Labor and Materials in the amount of $78.100, to guarautee oompletlon of road and street impravements; $500 cash deposit (Auditor's Receipt xo. 62424 dated November 220 1967)1 Lighting Fee of $468.601 Inspeotlon Fee of $39905• Subdivision agreement between Tib=a Ca=ra�tien�, a ng-rng otic , subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete road and street improvem4enta, etc., in said subdivision within one year frac the date of said agreement; RESOLUTION NO. 67/890 Form #23 NOVO THEREFOR$, BE IT RESOLVED that said bond and the amount] thereof be and the same are hereby BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the _ Chairman of this Board is authorized to execute said agreeme—nt. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept on behalf of the public any of the streets, roads@ aveamesp or easements shown thereon as dedloated to publlo use. PASSED AND ADOPTED this 2&j day of a�,e,., bar 196 , by the following vote of the Board:— AYES: Supervisors James P. KswW, !Alfred M. Dlasq James 8• Moriarty, Thomas John Coll. Bdaund A• Unscheid• NOES: None. ABSENT: Nwe• cc: public Works (3) :3lgnway Planning Subdivider Bonding Co. _.via,P/t,T CERTIFIED COPY I certify that-this is a full. true & correct copy of the ori in.al C<p^-1??11P' .. �T t�!2 rlin in. RlV OffIC6, and tot it 1--- +hr, Board of Super::Sr}Z•;:, the dat2's11MV:1. a'_ .�� . ... i. ?14SCH, county clerk&ex-off 16o cierl:of said Board of Supervisors, • by deputy clerk. RESOLUTION NO. 67/890 Form X23, Pg. 2 r r 4 r SUBDIVISION AGREEMENT (§1) Subdivision: SUBDIVISION 3702 (§1) Subdivider: TIBRUS UORFORATIUN, a (B. & P. Code §§1161Z-12) corporation 1 Effective Date:UU1=R Z4, 1767— (Contra Costa Country (§1) Completion Period: ONE YEAR Standard Form; 8-67) (§4) Deposits : A. (cash) 500. B. (bonds , etc . ) 1. (faithful perf. & maintenance) $77 600.00 2. (labor,materials) 78. 100.00 Z. Parties & Date. -Effective on the above date, the County of Contra Costa, California, hereinafter called "Countz", and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants , and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and w1ll be free froF defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement , Subdivider shall, pursuant to Bus . & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (Z - FaithfuZ Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. S. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section 2; and if, at any time before the County' s resolution of completion for the subdivision, the improvement plan proves to be inadequate in any respect, Subdivi- der shall make changes necessary to accomplish the work as promised. FILED Ti, PAM04 A h E 6. No Waiver by County. Inspection of the work and/or materials, or approval of wort and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement , or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and. conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers , agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liabilit.1 are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. S. Costs. Subdivider shall pay when due all the costs of the work, including inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. ZZ, Assignment. if before County accepts these improvements , the subdiv sion is annexed to a city, the County may assign to that city the County' s rights under this agreement and/or any deposit or bond securing them. 12. Record :dap. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances. -2- R G STATE OF CALIFORNIA COUNTY OF Contra Costa SS. On October 269, 1967 before me the undersigned,a Notary Public in and for said State, personally appeared Herman J. Tl j ssel1ng known to me to be the President, of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within Viola M �ts�n S instrument pursuant to its by-laws or a resolution of its board M. of directors. _ NCJtA..Y .-UBL�G h,• WITNESS my ha d and official seal. �'S C ONTRA COSTA COUNTY, 7 CALIFORNIA r Signature Viola M. Olsen r 14I9Camtnissi� t�i�liste�.1967 Corporation" `•' MIA COUNTY OF CONT11A COS SUBDIVIDER: (see note below) By C-, TIBROS COR/RATION, a corporation Chairman, Board of Supervisors Q ATTEST: W. T. PAASCH, County Clerk Designs e 6171ciallcapacity & ex officio Clerk of the Board in hw business) Herman J. Tijsseling, President By c�i�Cc� �t,c.-�'� Note to Subdivider: M Execute 1'iAldred 0. Ballard, Deputy acknowledgment form below; and (2) If a corporation, attach a certified copy of (a) the by- FORM APPROVED: JOHN A. NEJEDLY laws or (b) the resolution of District Atto ney the Board of Directors, authori- zing execution of this contract By and of the bonds required hereby. Deputy State of California ) ss. (Acknowledgment by Corporation, County of ) Partnership or Individual) On , the person(s) whose name(s ) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and ac- knowledged to me that he executed it and that the corporation or partner- ship named above executed it . Notary Public for said County and hate (Subdiv. Agrmt. CCC Std. Form) (HP-9; Rev. 8-6?; 200) _3_ PUBLIC WORKS.DEPARTMENT VICTOR SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 220-3000 DEPUTY PUBLIC WORKS DIRECTOR November 28, 1967 Subdivision 3702 F I LED 1Y. T. PAASCH CLERK Iwo Cf upwIScas Honorable Board of Supervisors CONTRA C couNT_ Y Administration Building /X�rc ' owty Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3702 in Supervisorial District III in the Danville area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is November 28, 1968. 2. A Surety Bond in the amount of $77,600 (Great American Insurance Company, Bond No. 159 36 17) and a $500 cash deposit (Auditor's Receipt No. 62424 dated November 22, 1967) which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond in the amount of $78,100 (Great American Insurance Company, Bond No. 159 36 17). 4. Letter from Tax Collector's Office stating that the 1967-68 tax lien has been paid in full. 5. $468.60 has been deposited and is to be credited to County Service Area L-45 to cover street light energizing fee. The map is submitted for filing by Financial Title Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAU Public Wo r it to By • VLC:mj V. L. Cline cc: Title Company Assistant Public Works Director Planning Department Highway Planning Construction Division w CERTIFICATE OF SECRETARY I, the undersigned, do hereby certify: (1) That I am the present duly elected and acting assistant secretary of TIBROS CORP., a California corporation; and (2) That the attached extract from minutes is a full, true and correct copy of resolutions duly adopted by the Board of Directors of said corporation at a special meeting duly held at 2948 Buskirk Avenue, Walnut Creek, California, on October 26, 1967, at which meeting a quorum of said Board of Directors was at all times present and acting; and that said resolution has not been modified or rescinded. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the corporate seal this 3/ day of October, 1967. Assistant Secretary (Corporate Seal) EXTRACT FROM MINUTES OF SPECIAL MEETING OF BOARD OF DIRECTORS OF TIBROS CORP. October 26, 1967 At a special meeting of the Board of Directors of TIBROS CORP., a California corporation, held on the 26th day of October, 1967, at 10:00 a.m. at 2948 Buskirk Avenue, Walnut Creek, California, the following resolutions were adopted: �t�fr�ic otc9E$c �e WHEREAS, this corporation owns certain land in Danville, California; and WHEREAS, it is the desire of the corporation to develop such land for subdivision purposes; and WHEREAS, it is necessary to designate an officer of the corporation to implement such purpose by executing certain documents required in connection with such development; NOW, THEREFORE, BE IT RESOLVED, that the President of this corporation, HERPIAN J; TIJSSELING, be and he is hereby designated, on behalf of this corporation, to implement the development of the land in Danville for subdivision purposes; and FURTHER RESOLVED, that he is hereby authorized and directed to execute such subdivision improvement agreements, to provide performance bonds and any and all other documents which are pertinent to or may be required by federal, state or county agencies, municipalities, or private institutions or persons in connection with the development of the said land and filing of a subdivision map for and on behalf of this corporation. . �t F-� b Executed in Triplicate BOND NO. 159 36 17 PREMIUM: $1:164.00 IMPROVEM= SECURITY BOND (Faithful Performance & Maintenance, AND Labor (Calif. Bus. & Prof. Code §11612; Contra Costa Coun yridL ED 1. OBLIGATION. (PrincspaZ) TIBROS CORPORATION a corporation i �r ncipal, and ure y GREAT AMERICAN INSURANCE COMPANY 3r�rwwotion it10Mp M k"IVISCAS organized and existing under the laws of the State of Ca COUNTY and authorized to transact surety business in Califo.—J. -- e-Ldadi jointly and severally bind ourselves, our heirs , executors , administrators, successors and assigns to the County of Contra Costa, California, to pay it : (A - Faithful Performance, & Maintenance) SEVENTY SEVEN THOUSAND SIX HUNDRED AND NO1100----------------- Dollars ($ 77,600.00 ) for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials) SEVENTY EIGHT THOUSAND ONE HUNDRED AND NO1100------------------Dollars ($ 789100.00 ) for the benefit of persons protected under Cal. Bus. &Prof.Code §11612. 2. RECITALS. The Principal contracted with the County on OCTOBER 24, 1967 to install pay for street, drainage, and other improvements in Subdivi- sion No. 3702 , as per map now being filed with the County's Recorder, and to complete said work within ONE YEAR from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the ,judgment. SIGNED AND SEALED on OCTOBER 24, 1967 PRINCIPAL SURETY TIBROS O RA N' co ,oration T.IAIP A1UVDTf1AVff TUCITO_A E_.COMPANY 117 By o nLambersaw,--Atrorney-i-zr-racu. State of California ) ss. County of Son Francisco ) (ACKNOWLEDGMENT BY SURETY) On October 24, 1967 the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorney(;S)-in-Fact for this Corporate Surety, personally appeared 'before me and acknowledged to me that he/they signed the name of the Corporation as Surety and 'hisltknA C own name(s) as its Attorney(a)-in-Fact. Beverly Terri Notary Public for said County and State (Imp. Sec. Bond, CCC Std.Form) ;•^••••••+^•^-••c•^s•^,. (HP-ZS •Rev. 8-57 . 200) • BEVERLY TERRY ; • �" Moi:ry Public • • -! City£.C--.of San Francisco• i State of California • Mr Cownissin Expires September 13, 1971 •••••••••••••••e•••••••i EMMETT HITCHCOCK LORRAINE K PLANZ COUNTY TREASURER-TAX COLLECTOR PRINCIPAL CLERK TAX COLLECTOR'S OFFICE PHONE 228.7000 EXT. 797.76!.767 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZCALIFORNIA FIRST INSTALLMENT OF TAXES DUE AND PAYABLE . DELINQUENT ON THE FIRST DAY OF NOVEMBER (! ON THE TENTH DAY OF APRIL SECOND INSTALLMENT OF TAXES November 20, 1567 SECOND INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF DECEMDER L 1E D NOV 2 ro 1 07 aMBCH �s This will certify that I have examined the map of the proposed subdivision entitled: TRACT N0. 3702 and have determined from the official tax records that there are no unpaid county taxes heretofore levied on the property included in the map. The current1967 66 tax lien has been paid in full. EKKETT HITCHCOCK Redemption Officer By: Depot dl 0 In the Board of Supervisors of Contra Costa County, State of California July 15 191. 69 In the Matter of Releasing Cash Deposit, Subdivision 3705, Moraga Area, Work Order 6701. WHEREAS completion of the construction of improvements in Tract 3705, Moraga area, was accepted on July 9, 1968; and WHEREAS the $500 cash surety, Auditor's Deposit Permit No. 67079 dated July 3, 1968, has been retained for one year as of July 9, 1969, as required by Section 8429(b) of the Subdivision Ordinance; NOW, THEREFORE, on the recommendation of the Public Works Director and on motion of Supervisor T. J. Coll, seconded by Supervisor E. A. Linscheid, IT IS BY THE BOARD ORDERED that the Public 'Forks Director is AUTHORIZED to return said cash surety to Miramonte investment Company, 23 Orinda Way, Orinda, California. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. H. Dias, T. J. Coli, E. A. Linscheid, J. E. Moriarty. NOES: None. ABSEfiT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this i5th day of July __, 19 . 69 cc : Public Works.-(2) Bus. & Ser v. W. T. PAASCH, Clerk Div. Subdivider By av 11 Deputy Clerk Anne M. McSorley H 24-5/69-IOM r� � y 5 3��;5ri 3� �9 E s� _ 17 1968 IN THE BOARD OF S UPE RV IS 0 RS / OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval of ) Subdivision Map and Completion ) of Improvements and declaring ) certain roads as County roads ) RESOLUTION NO. 68/4.52 In Subdivision 37059 Moraga ) Area - Work Order No. 6701 ) WHEREAS a map entitled Tract 37059 property located in the ::orF .a area, having been presented to this Board for approvai , sate sap having been certified by the proper officials, and being acc_apanied by: Letter from the Redemption Officer stating, that tr:ere are no unpaid County taxes heretofore Levied on the property Included in the map, and that the 1968-1969 tax, which became a lien on the first of March, 1968, is estimated to e 819050; Tax Bond (No. 600364) in the amount of $19050 guaran- teeing payment of estimated 1968-1969 tax; Subdivision Agreement between Miramonte Investment Com- pany, 23 Crinda Way, Orinda, California and the County of Contra Costa for a one year maintenance and satisfactory per- formance period from the date of said agreement; and Maintenance Bond. (No. 60036;) in the amount of 11,045, issued by the General Insurance Comnany of America, and. a cash deposit (Auditor' s Receipt No. 57079 dated July 3, 1968) to guarantee performance of the improvements and. repair of any defects in the improvements which occur within one year after acceptance of said work as complete; WHEREAS the Public Works Director having notified this Bo<.rd of the completion of improvements in Subdivision 3705, Moraga area; NOW, THEREFORE, BE IT RESOLVED that said map, bonds and deposit and the amounts thereof be and the same are APPROVED. BE IT FURTHER RESOLVED that the improvements in said. subdivision have been completed. BE IT FURTHER RESOLVED that the hereinafter described roads, having been shown and dedicated for public use on the said map by the filing of same in the office of the County Recorder, be and the same are accepted ana declared to be County roads of the County of Contra Costa: LAWH AVENUE SPARROW COURT RECORDEDK►n�CUESt ' 08 JUL 17 1 n RESOLUTION N0. 68/452 ,i. PW ! fwJ:: 3 r pASSED AND ADOPTED this 9th day of July, 1968 bb9 .the folloning nate of the Board: s P. Kenny, James E. Moriarty, Supervisors Jame AYES. Thomas John Coll, Alfred M. Dias. NOES: None. ABSENT. Supervisor Edmund A. Linseheid. ccs Recorder Public Works (4) Business & Services Div. e Administrator Subdivider i s t E St CERTIFIED COPY 4% [ certify that this is a full, true & correct copy of the original dorurnent which is on file in my offtee, and that it was -gassed & adorted by the Board of Sulxervisnrs of Contra Corta County, California, on the date shown. ATTEST: W. T. PAASCH, county clerk&ex-officio clerk of said Board of Supervisors, by deputy clerk. ted; RESOLUTION NO. 68/452 a END OF DOCUMENN R a PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTYF, R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR GTH FLOOR. AOMINt STRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR July 3, 1968 Subdivision 3705 t RECEIVE1 Honorable Board of Supervisors JLIL `;') 1968 Administration Building W. T. P A A S C H Martinez, California i CLERK BOARD 9rO4SF SUPERVISORS Gentlemen: k >•. NTfIGCDePutY There is submitted for your approval the map of Subdivision 3705 in Supervisorial District III in the Moraga area. The improvements in this subdivision have already been constructed. Therefore, the only agreement necessary is the one year maintenance agreement. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year maintenance and N� satisfactory performance period is July 9, 1961. Y1 2. A Surety Bond in the amount of $1,045.00 and a $500.00 cash deposit,, amounts are required o guarmaintenancean sa sfactory performance of road and street improvements as required by the County 1 Ordinance Code as amended. QO 3. Letter from Tax Collector's Office stating that there are no unpaid \0 County taxes on the property, and that the 1969 tax, which became a lien on the first Monday of March, 1968 is estimated to be $1,050.00. b \ 4. Tax Bond in the amount of $1,050.00 guaranteeing payment of estimated 1968-69 tax. The map is submitted for filing by Western Title Guarantee Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAUER Public Wor Director ULC/hl By cc: s Cline Western Title Co.Co• Assistant Public Works Director Planning Department As Highway Planning Construction Division 1015 Larch Avenue Mora a, California May , 1968 Mr. Thomas H. Pletcher The Mirsn:onte Company 23 Orinde Way Orinds, California Dear Mr. Pletcher : As per your request, He aszree not to plant anything which would ro:a over 30 inches in heighth in the 21.5 square foot southwest corner area of our prop- erty delineated on the attached drawing. It is understood that this sgreemer_t does not effect any existing or future planting on any other section of our property. Very truly yours, Peter 213horko Adi6tLh N. :10h r o ko r � • i 1 1 #` ! j ,�'�fD`•` ,,,� .•�� '�.../;�r�Q s 'tel.� .S,r. s . i ! � � t 7 r t i 4. - 6 R S ECRYAN & MURPHY �,,}., -`� ,�''>✓ , '� CIVIL ENGI,J, S 1233 AtP;NF ','(SAD r ,a d EMMETT HITCHCOCK' LORRAINE K. PLANZ COUNTY TREASURER-TAX COLLECTOR PRINCIPAL CLERK TAX COLLECTOR'S OFFICE PHONE 229.7000 �'� EXT. 757.799.797 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZ, CALIFORNIA FIRST,INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF NOVEMBER ON THE TENTH DAY OF APRIL SECOND INSTALLMENT OF TAXES SECOND INSTALLMENT OF TAXES DUE AND PAYABLE Kay S, 1%8 DELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF DECEMBER fto F L E D JUL y PAAWN ilvISM S' ,r This will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 3705 and have determined from the official tax records that there are no`unpaid County taxes heretofore levied on the property included in the slap. The current 1� tax lien has been paid in full. Our estimtte of the 1969-69 tax lien, which became a lien on the first Monday of March,_126L, is i l,o5o_on . ENHEM HITCHCOCK Redemption Officer By: dl r - 3 fond BOND AGAINST TAXES prc ,i w;: $t �•�,C, KNOW ALL MEN BY THESE PRESENTS : THAT 1Mliramonte Investment Comwany, a partnership as principal and and Gcncral lnsurancz� Company of America as sureties are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of One Thousand and Fifty and no/100----------------------------------Dollars ( $1,050.00 ) to be paid to the said County of Contra Costa, for the payment of which we and each of us bind ourselves, our heirs, executors, adminis- trators, and successors, jointly and severally, firmly by these presents. SEALED with our seals and dated this 21st day of 10 68 . The conditions of the above obligations are such that WHEREAS., the above bounded principal is about to file a Map entitled _ Tract and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said Tract of land covered by said Map, which taxes and special assessments collected as taxes, are not as yet due or payable. Now, therefore, if the said Principal. shall pay all of the taxes and specl-al spec -alassessments collected as axes which are a lien against said tract of land covered by said Map at the time of the filing of said Map of said Tract, then this obligation shall be void and of no effect. Otherwise, it shall remain in full force and effect. Mirammte Investment Company, Gcneral Insurance Company of kneri ca a partnership, oras etcher S,G.I�cfi in ,, , r Surety Attornay-in-Fact , Surety STATE OF CALIFORNIA COUNTY OF CONTRA COSTA; ss. and • • s._ _ _ r___�- ;.w..- '-===a U-4— Avil�r et.ril»t1 Da/ {'1 fnr ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA ss. CITY AND COUNTY OF SAN FRANCISCO ` On this 21St day of .lune I ;6 o before meN GREENa notary public in and for the State of California with principal office in the City and County of San Francisco, residing therein, duly commis- sioned and sworn, personally appeared S.G. Hef1in, Jr. , known to me to be the attorney-in-fact of General Insurance Company of America, the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above itcen. :111111111111111ltillllltlltl:iltllll11111111lIIIIII�� _ ANN GREEN NOTARY PUHIC • CALIFORNIA = y commisston expires Apra b, PRINCIPAL O:iICE IN (Seal) — SAn i,.AC;CIS J COUrc7Y S-587 R!7/b6•�111111IIIlIIIIIIpIIlllitti!:iiii!i. ;?!;;(;i(1tt:;' i a —77-777 3 Miwe ONIM.- UTONWk n Aw.,N.E:,: 1Ne,.Multe w_I�Jis, �o z Bond No 600363 -# t ,T 4 MAINTENANCE BOND Charge The Premium f for this Bond is $�• KNOW ALL MEN BY THESE PRESENTS: t That 1irK.��nt lnv�s*n-�n� C� l�an, partners;,in as Principal, and GENERAL INSURANCE COMPANY OF AMERICA, a Corporation organized and existing under the laws of the State of Washington and duly authorized to transact a surety business in the State of California, as Surety, are held and firmly bound unto t•Jt}1t\ c 1'i nlra wosta, .1 l i orniz; as obligee in the slim Of ;n2 00'.'S�!nv i'i^r�;' I:'C f �Cj n /1 w 'i! S---------------------------------------------- )lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, suc- r cessors and assigns, jointly and sever Uy, firmly by theseeany,,s. cs WHEREAS, on or about they Of C 19-�C-11 the said PxiacipAk, *:SLWt 'u i i�� acc�)t-c t,l� i.i;:rovam--n is i n `"t.;f?s 2 x Y> VN and WHEREAS, under the terms of the specifications for said work, the said Principal is requir- t ed to give a bond of maintenance to protect the said obligee against the result of faulty mater- ials or workmanship for a period of one year from and after the date of the completion and acceptance of same. ` NOW, THEREFORE, if the said principal shall for a period of one year from and after the date of the completion and acceptance of same by said obligee replace any and all defects K arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void, otherwise to remain is full force and effect. SEALED with our SEALS and DATED this st day of 19 r h.T Principal B uP GENERA- URA CE COMPANY OF AMERICA BY �. Jr. _tor . ; -in-pact BNC-23 2/63 Printed in U.S.A. 7 �, �..� COUNTERPARTS f :.l 3�rJ ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA ss. CITY AND COUNTY OF SAN FRANCISCO On this 21 st day of tune 1�Fr before me ANN GREEN a notary public in and for the State of California with principal office in the City and County of San Francisco, residing therein, duly commis- sioned and sworn, personally appeared S.G. Hef l i n, Jr. , known to me to be the attorney-in-fact of General Insurance Company of America, the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first abov ricten. ;11111111111111ftill!S!!!ISTI11!t111t1111111111111111'= My commission expires April 5, 19/7 (Seal) 'OUNTY S-587 R1 7/66= h111111t11711111t111ittHI�INI!llllruu��niu SUBDIVI.S.iO ; A""";` 7 ..TT Subdivision: 37Rl 05 Subdivider: Miramonte Investment_ Company, a par ners ip " Effective Date: T�.I 9 19 �s §1 Maintenance Period: ' T ear ED !J_ Deposits : A. (casn� $_50`� 0, 9 -1968 B. (bonds, etc . ) W- T- PAASCH 1. (faithful perf.. CLERK E;WD CF s�vISGIS & maintenance) $ 1 ,045 .00 C NTRp S C ,6L_;Y 1. PARTIES & DJW E. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above-named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. DIPROVE 1ENT e-ARRATITY. Subdivider warrants that the road and street improvements, tract drainage, street signs, and all other public improvements were constructed, installed and completed in this subdivision in a manner equal or superior to the requirements of the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) . 3. GUARANTEE & 1UNTENANCE. Subdivider guarantees that the afore- said subdivision improvements are and will be free from defects and will perform satisfactorily in accordance with County Ordinance Code; and he shall maintain the improvements for one year after the date of this agreement against any defective workmanship or materials or any unsatisfactory performance. 4. IMPROVEIMENT SECURITY: DEPOSIT -& BONDS. Upon executing this Agreement, Subdiv1der sha deposit as security with the County: A. Cash: $500 cast.; together with . . . . . . . . . . . . . . . . . B. Bond, etc. : (1. Faithful Performance) additional security for at least the above-specified amount in the form of a cash deposit, a certified. or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year aster the date of this agreement against any defective workmanship or materials or any unsatisfactory performance. 5. NO NTAIVER BY COUNTY. Inspection of the improvements and/or materials, or approvai of improvements and/or materials inspected, or statement by any officer, agent or employee of the County indicat- ing the imn rovements or any part thereof complies with the require- ments of this agreement, or acceptance of the whole or any part of said improvements 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 contract as prescribed; nor shall the County be thereby estopped from bringing any action for damages arising from the fallure to comply with any of the terms and conditions hereof. o. rNDE1.1"11 i'Y. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, aEa_ its s_:;ec Lal districts, elective and appointive boards, commissions, officers, agents and employees; B - The Iiabilit_es ,)rotacted 2.:'ains t are a 1a 1v or claim Ll- for dan;E�. of _azn k:.,:: alle eiily suffered, incurred or threatened because of act tons pie_i iced below, and including personal injury., death, prc�.��rty c:aLiage, in,. erse conder.-ination, or any combination tion of these, and rerardles� of w:�ether or not such liability, claim or -1- damage was unforeseeable at any time before the County approved the subdivision map or accepted the improvements as completed, and includ- ing the defense of any suit(s), action(s ) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has prepared, supplied, or approved any plan(s) or specification(s) in connection with the improvements or subdivision, or has insurance or other indemnification covering any of these matters . 7. COSTS. Subdivider shall pay or have paid when due all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 8. NONPERFORMANCE AND COSTS. If Subdivider fails to maintain the work and improvements during the time specified in this agreement, County may proceed to maintain them by contract or otherwise, and Subdivider shall pay the costs and charges therefor immediately upon demand. If County sues to compel performance of this agreement or recover the cost of maintaining the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. g. ASSIGNIMENT. If before the completion of the maintenance period, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and any deposit or bond securing them. 10. LABOR & MATERIALS, WARRANTY. Subdivider further warrants that the claims and liens of all persons, contractors and subcontractors furnishing labor or materials for the installation of said improve- ments in the subdivision have been satisfied. The Subdivider agrees to satisfy any valid claims or liens of labor and materialmen as to the said improvements and subdivision appearing hereafter upon demand by the County. 11. RECORD MAP. In consideration hereof, County shall allow Sub- divider to fi e and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances. COUNTY Q. A SUBDIVIDER: (see note below) By fliy�7G � K�il� �0 C , Iar pery sors ATTEST: W. T. PAASCH, County By 7Designate official capacity in Clerk& ex officio Clerk of the business) the Board Note to Subdivider: (1) Execute Byacknowledgment form below; and Deputy (2 ) If a corporation, attach a certified copy of (a) the by-laws or (b) the resolution of the Board FORM APPROVED: JOHN A. NEJEDLY of Directors, authorizing execution Distri t Attorney of this contract and of the bonds required hereby. By w- no iL-c, Deputy -2- State of California J ss. (Acknowledgment by Corporation, County of Contra Costa Partnership or Individual) on July 2, 1968 , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. 7U1371la3::711uFF2is::::::::7:J ia:::2:::2•titlltl//� OFFICIAL SEAL 2 ALT HEA Al. REEG "s yam'" NOTARY PJLUC — CALIFORNIA PRINCIraL OFFICE IN THE 2 Althea M. Reeg COUNTY OF COILTRA COSTA 7litllflttltltat)t17tY7i:i:2ii:::::7T 37iitIii72I7I1ttliT Notary PublIc for said County and State MY COMMISSION EXPIRES DEC. 29, 1969 VJW:pk IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA September 29 197_0 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 37069 Danville .Area.) Deposit: $500 ) Auditor's Permit No. 70682 ) Dated December 26, 1968 Refund to: Danville Dgv1 opN8t ) Company. u e } 300 South First Street ) San Jones California ) On July 29, 1969 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 29th day of September , 197 0 cc : Public Works (2) W. T. PAASCH, CLERK Subdivider 7 By . to Deputy Clerk e 14. McSorley E `i t t IN THE BOARD OF SUPERVLSORQ OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA h f i In the Matter of Completion } � of improvements and declaring ) certain road s as County ) RESOLUTION NO. 69/491 roads, Subdivision 3706, ) ' Danville Area, Mork Order ) ; No. 6719. ) 1 WHEREAS the Public 47orks Director having notified this Board that construction of Improvements have been completed. in Subdivision 3706, Danville ' area, as provided in the agreement heretofore executed by this Board in conjunction riith the filing of the subdivision map; NO1>19 THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of estab- lishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement Tract 3706, Danville area December 12, 1968 Work Order No. 6719 (Insurance Company of North America - Bond No. M 53 07 98) BE IT FURTHER RESOLVED that the $500 cash surety bond (Auditor's Receipt No. 70682 dated December 26, 1968) is RETAINED for one year in conformance With the requirements of Section 8429 of the Subdivision Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads, having been heretofore dedicated. to public use by the filing of map in the office of the County Recorder, be and the same are accepted and. declared. to be County road a of ContrCosta County: DANVILLE BOULEVARD DEL AMIGO ROAD LAS BARRANCAS DRIVE (36'/561/0.22 mile) as shown and dedicated for public use on the map of Subdivision 3706, filed January 3, 1969 in Book 125 of Maps at Page 36, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 29th day of July , 196=9 by the following vote of the Board: AYES: Supervisors T. J. Coll, E. A. Linscheid, J. E. Moriarty. NOES; None. ABSENT: Supervisors J. P. Kenny, A. M. Dias. RESOLUTION NO. 69/491 Form 23.3 6/68/200 I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 29th day of Ju1,p W. T. PAASCH, CLERK By a"",r�l. Anne M. McSorley Deputy Clerk cc: Recorder Public Works (2) Auditor_ Subdivider RESOLUTION N0. 69/491 IN THE BOhRD OF SUPERVISORS OF CONTRA COSTA COUNTra STATE OF CALIPORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 3706, Danville Area. RESOLUTION N0. 68/922 WHEREAS a map entitled Tract 3706 , property located in the Danville area , having beenpresented to this Board for approval, sad map haw ng been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the neap, and that the current 1968-1969 tax lien has been paid in full; and Letter from the Public Yorks Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 40 Title 8, of the County Ordinance Code; Surety bonds issued by Insurance Company of North America with Danville Development Company as principal as follows: No. X 53 07 98 in the amount of x43,200 for Faithful Per- formance, and $43,700 for Labor and Materials; Cash deposit (Auditor's Receipt No. 70682 dated December 269 1968) in the amount of x`500; Inspection Fee in the amount of $2,185; and Subdivision agreement between Danville Develoumen't Company; 1991 Leigh Linn Place, San Jose, California, subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete road and street Inprorements, etc., In said subdivision within one year from the date of said agreement; (December 12, 1169) RESOLUTION NO. 68/922 Form #23 y i NOW, THEREFORE, BE IT RMSOLVED that said bondp an deposits and the amounts thereof be and the same are ere APPROVED. BE IT FURTHER RESOLgED that said subdivision agreement be and the same is hereby APPROVED and the _ Chairman of thin Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements shown thereon as dedicated to public use. PASSED AND ADOPTED this ...31st day of December 19 s by the following vote of the Board: ' AYES: Supervisors James P. Kenny, James E. Moriarty, Edmund A. Linscheid , Alfred M.. Dias. NOES: None. ABSENT: Supervisor Thomas John Coll. cc: Public Works (3) Highway Planning Subdivider • CERTMED COPY 1 certify- that th m is a full, true & correct copy of the orin-ir:al .!c- merit t-Iiir.h is en fi?^ in incl office, t:^+i ilr+t . : _- ' - rio�`.el ';•. t l:n Board of tmimia. on �.ti: (1� .. ;..i,,. _ _1••..�'.. �i. T. PAAS".lCH, county. o's id Board of Supervisors, c/oyy deputy clerk. on Jolez�4sl RJE,SOLUTION N0. 68/922 Form 23 PUBLIC WORKS DEPARTMENT VICTOR W. SAUCONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR. AW-fINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 226-_OCO DEPUTY PUBLIC WORKS DIRECTOR December 27, 1968 Subdivision 37 D�CED Honorable Board of Supervisors DEC 31 1968 Administration Building w, T. P A b 5 C H Martinez, California CLERK BOARD OF SUPERVISORS C— CONTR STA CO. ye Gentlemen: eDel There is submitted for your approval the map of Subdivision 3706 in Super- visorial District III in the Danville area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is December 12, 1969. 2. A Surety Bond in the amount of $43,200 and a $500 cash deposit (Auditor's Receipt No. 70682 dated December 26, 1968) which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond in the amount of $43,700. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property. The 1969 tax has been paid in full. The map is submitted for filing by the Financial Title Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAU Public Wo Dir By V. L. Gine Assistant Public Works Director JP:sc Highway Planning cc: Title Company Planning Department Construction Division EMMETT HITCHCOCK LORRAINE K. PLANZ COUNTY TREASURER-TAX COLLECTOR PRINCIPAL CLERK TAX COLLECTOR'S OFFICE PHONE 225-3000 EXT. 985.'85-'ST CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZCALIFORNIA FIRST INSTALLMENT OF TAXES . DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF NOVEMBER L^ � ON THE TENTH DAY OF APRIL SECOND INSTALLMENT OF TAXES December 16 1968Q SECOND INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF DECEMBER IF THIS TRACT IS NOT FILED BY FEBRUARY 28, 1969, THIS LETTER IS VOID This will certify that I have examined the esp of the proposed subdivision entitled: TRACT NO. 3706 and have determined from the official tax records that there are no unpaid county taxes heretofore levied on the property included in the sap. The current 196"9 tax lien has been paid in full. EMMETT HITCHCOCK Redemption Officer By: putT dl STATE OF CALIFORNIA COUNTY OF Contra Costa } SS' On December 12. 11)68 before me, the undersigned,a Notary Public in and for said State, personally appeared John Di Manto , known to me to be the President, of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the withinWyauaueutmutettutnwpN instrument pursuant to its by-laws or a resolution of its board 2 _ VILLA M. of directors. EN NOTARY PUBLIC-OCALIFORNIA WITNESS my h nd and official seal. j C COUNTY OF CONTRA COSTA y/ � fly Cammis;icn Expires Dec.23.1971 Sigttature L Viola M. Olsen Name (Typed or Printed) Corporation The Premium on this Bond is included in flat of the Performance Bad CALIFORNIA CONTRACT BOND-PUBLIC WORK-LABOR AND MATERIAL INSURANCE COMPANY OF NORTH AMERICA PHILADELPHIA BOND NO. M 53 07 98 CONTRACT BOND KNOW ALL MEN BY THESE PRESENTS: That we, DANVILLE DEVELOPMENT COMPANY, a corporation , as Principal and INSURANCE COMPANY OF NORTH AMERICA, incorporated under the laws of the State of Pennsylvania and duly authorized to execute bonds and undertakings under the laws of the State of Cali- fornia as sole Surety, as Surety, are held and firmly bound unto the State of California for the use and benefit of the State Treasurer as ex officio treasurer and custodian of the Unemployment fund and any and all materialmen, persons, companies or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contracted to be executed or performed under the contract hereinafter mentioned, and all persons, companies, or corporations renting or hiring teams, or implements or machinery, for or contributing to said work to be done, and all persons who performed work or labor upon the same, and all persons who supply both work and materials, and whose claim has not been paid by the contractor, company or corporation, in the just and full sum of FORTY—THREE THOUSAND SEVEN HUNDRED AND N01100 __dollars, ($43,700000-- for $43,700.00 —for the payment whereof, well and truly to be made, said Principal, and Surety bind themselves,their heirs, ad- ministrators, successors and assigns,joihtly and severally, firmly by these presents. THE CONDITION of the foregoing obligation is such that;whereas the above bounden Principal has agreement entered into a ebKi4i ; dated December 12th , 1968 , with the COUNTY OF CONTRA COSTA to do and perform the following work, to-wit: IMPROVEMENTS PER SUBDIVISION AGREEMENT: SUBDIVISION N0. 3706 NOW, THEREFORE, if the above bounden Principal, contractor, person, company or corporation, or his or its sub-contractor, fails to pay for any maaterialsHprovisions, provender, or other supplies,or teams used in, upon, for or about the performance of the worko be done, or for any work or labor done thereon of any kind or for amounts due under the Unemployment Insurance Act with respect to such work or labor, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, and also in case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the court, said attorney's fee to be taxed as costs in said suit and to be included in the judgement therein rendered. This bond is executed and filed to comply with the provisions of Sections 4200 to 4208, inclusive of the Government Code of the State of California and liability hereunder is subject to the provision of said section and acts amendatory thereof,and sections of other cedes of the State of California referred to therein and acts amend- atory thereof. SIGNED AND SEALED this12tlL day of December _ ,Ig6a D PMENT MPTAU 1NSUX, I SCE COVIPt1N1' OF N TH AMERICA iBy.....— 1. Ronald G. Olmo, Attorney-in-Fact SB•126 500 6•a•80 PRINTED IN U.S.A. I �b STATE OF CALIFORNIA, ss Santa Clara --------_..-..._suss--------- On this__- 12th_ day of .__._....__.._...... in the year one thousand wine hundred and._.-..S-ixt-y.-._e.i-ght, before tine suss._-........-......._.----...Betty S. O1mo _._------..__._. _, a Notary Prblic in and for the STATE OF CALIFORNIA personally appeared ........................... Rona 1 d....G. O1 mo .. - -.......... ._._................._.._....._ _. .._ ._ ._ ....... fie....__.---.._--------..... known to me to be the person whose name subscribed to the within �w BITTY S. O�MO instrument as the Attorney -iw-fact of the INSURANCE COMPANY ,a �, �; OF NORTH AMERICA, and ack , nowledged to me that he subscribed Py` ``-�'�y �d''.i.. the name of the Insurance Company of North America thereto as surety Sarnia Clara CG.-:;y, Ca!if. and his ,as Att -in-fact. MY C ;.i;dISSION EXPIRES MAY 14. 1969 ' 17 .......... ............ ....._..... ..........._........... Nataq Puede is and for the Serle of rAddania w"r ineird Ofee i.err cause,ai i1� hili in VAA � r STATE OF CALIFORNIA CouNTY of Contra Costa SS' On December 12, 1968 befT me, the undersigned, a Notary Public in and for said State, personally appeared o T,, known to me to be the President, of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the withinttncnt:tntttuatntrn_:::nssstc=attntu[atttsu!A instrument pursuant to its by-laws or a resolution of its board � 1'lD'L.1 1„•, OLSEN of directors. irlli':;'i -• p CA ig�g�t WITNESS my hand and official seal. W� knti_.Y J F C L.ON O- PL.^.t TPA CO 3 TA f / i �• ' � 6'Y f,;)f,;)nnn,ss;: i,cpi:es'vee??,i°71 9 Signature_ 6:t::p!lttJin:::ltsu�::t=:s=TL':[t::s:tlu»::.'[rtwii Viola M. Olsen Name (Typed or Printed) Corporation' CALvosNrn Pasoam"cs Horn—PuBuc Woax Insurance Company of North America P H I L A D E L P H I A CONTRACT BOND BOND NO. M 53 07 98 Snow AU Alen by These Presents: That we,------------------DAWT LIE---DEITIIAP-MENT--0014P-ANY.,-a---aorgoraUon...._.-------------------.-.-........---........----............................ as Principal, and INSURANCE COMPANY OF NORTH AMERICA, a corporation organized under the laws of the State of Pennsylvania and duly authorized under the laws of the State of California to become sole surety on bonds and undertakings, as Surety, are held and firmly bound unto...........COUNTY OF...CONTRA--COSTA -- __..___._.._.. ____................................._...................................................as Obligee, in the full and just sum of.--.FORTY—THREE THOUSAND_7.40 HUNDRED AND N01100••...... ------ �1 , ($ .43,200.00----), lawful money of the United States of America, to be paid to the said Obligee, successors or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, successors, administrators and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THE ABOVE OBLIGATION is such that whereas the said Principal has entered into agq=of even date herewith with the said Obligee to do and perform the following work,to-wit: IMPROVEMENTS PER SUBDIVISION AGREEMENT: SUBDMSION N0. 3706 agreement as is more specifically set forth in said 8maM,to which contract reference is hereby made; • NOW, THEREORE, if the said Principal shall well and truly do the said work,and fulfill each and every gnm of the covenants, conditions and requirements of the said tin accordance with the plans and specifications, then the above obligation to be void, otherwise to remain in full force and virtue. No right of action shall accrue under this bond to or for the use of any person other than the Obligee named herein. Sealed with our seals and dated this...._.---A 2th.................. .....-day of......_December......._........ DANVII1E DEVELOPMENT C_OMPAN_Y_ ............. .. tin INSURANCE COMPANY OF NORT RICA Ronald G. Olmo, Attorney—in—Fact ._ _ _._.._ ...-...--.........-----------_......_._... _ s�-ua taoa a-s-ao . t _ ey i ATE OF CALIFORNIA, ss. __._..._.........._......_...._...._..._..County of............S.ant.a...C.l.ara. this_... 12th day of.__ December ............... in the year one thousand nine hundred and.._S.i.xty.-e.i.ght-._, before me .........-._........................_..-.-Betty, S. O l mo ___.._..............._-, a Notary Public in and for the STATE OF CALIFORNIA personally appeared .................._......_............._........_... ._......_....... ... _ ............ .............. Ronald G. O l mo_............ ...._.. ............I... _ ....... known to me to be the person whose name he subscribed to the within instrument as the Attorney -in-fact of the INSURANCE COMPANY °-"TY S. WAO OF NORTH AMERICA, and acknowledged tome that he subscribed F'� 1a the name of the Insurance Company of North America thereto as surety Sang Clara C�_..,;: :a f. r and his awn nao6i ,asAttorne fact. h1Y Co,,AMISSION EXPIRES MAY 24. 1909 - .. -..: -..GfC. t.... .......... � .......... ........................................................... -.. i Notary Pahiic in and for the State of Glifania with Principal Oice is rite couty of WIM Ptirli is USA. A pow Of Av v Ol v INSURANCE COMPANY OF NORTH AMERICA PHILADELPHIA, PA. 1knoin all mtn by that pranitt That the INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution, which was adopted by the Board of Directors of the said Company on June 9, 1953, to wit: "RESOLVED, pursuant to Articles 3.6 and 5.1 of the By-Laws, that the following Rules shall govern the execution for the Company of bonds, undertakings, recognizances, contracts and other writings in the nature thereof: (1) "Such writings shall be signed by the President, a Vice President, an Assistant Vice President, a Resident Vice President or an Attorney-in-Fact. (2) "Unless signed by an Attorney-in-Fact, such writings shall have the seal of the Company affixed thereto, duly attested by the Secretary, an Assistant Secretary or a Resident Assistant Secretary. When such writings are signed by an Attorney-in-Fact, he shall either affix an impression of the Company's seal or use some other generally accepted method of indicating use of a seal (as by writing the word "Seal" or the letters "L.S." after his signature). (3) "Resident Vice Presidents, Resident Assistant Secretaries and Attorneys-in-Fact may be appointed by the President or any Vice Presiaent, witn such limits on their authority to bind the Company as the appointing officer may see fit to impose. (4) "Such Resident Officers and Attorneys-in-Fact shaII have authority to act as aforesaid,whether or not the President, the Secretary, or both, be absent or incapacitated; and shall also have authority :.-) certify or verify copies of this Resolu- tion, the By-Laws of the Company, and any affidavit or record of the Company necessary to the discharge of their duties. (5) "Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested by the Secretary." does hereby nominate, constitute and appoint R014ALID G. 01A0, of the City of San Jose, State of California its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings in penalities not exceeding ONS HUltiDM FIFTY THOUSAi1D DOLLARS ($1509000,00 ) each in its business of guaranteeing the fidelity of persons holding places of public or private trust, and in the performance of contracts other than insurance policies, and executing and guaranteeing bonds or other undertakings not exceeding ONE HUSEM FIFTY THOUSAND DOLLARS ($1509000.00 ) each as aforesaid, required or permitted in all actions or proceedings or by law required or permitted. All such bonds and undertakings as aforesaid to be signed for the Company. and the Seal of the Company attached thereto by the said Ronald G. 01mo, Individually And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Philadelphia, Commonwealth of Pennsylvania, in their own proper persons. IN WITNESS WHEREOF, the said..............................._....R.......S°..._GI�� ..................................., Vice-President, . ................................. has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF NORTHAMERICA this.......................3d.................... ............day of................................March..................................................................19....6+.5.. INSURANCE COMPANY OF NORTH AMERICA (SEAL) by.... ........................Ro S. GILLESPIE .............................. . .......................... Vice-President STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIA)"' On this............3rd day of...................4r<;h.............. ...... .....A.D. Ifl 65..,before the subscriber,a Notary Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, duly commissioned and qualified, came R....$ GIT-TZSPIB...................._...... . Vice-President of the INSURANCE ........................................ ................... COMPANY OF NORTH AMERICA to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and, being by me duly sworn, deposeth and saith, that he is the officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the corporate seal of said Company,and the said corporate seal and his signature as officer were duly axed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution,adopted by the Board of Directors of said Company,re- ferred to in the preceding instrument,is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia, the day and year first above written. 1!fARY MAI;GARSP JONES (SEAL) ............................ .............................................................. Notary Publie. Daly commission expires July 159 1966 I, the undersigned,Assistant Secretary of INSURANCE COMPANY OF NORTH AMERICA, do hereby certify that the original POWER OF ATTORNEY,of which the foregoing is a full,true and correct copy,is in full force and effect. In witness whereof. I have hereunto subscribed my name as Assistant Somtstyand affixed the corporate seal of the Corporation,this.............1.2t1i .day of.......December ..I9 UU ...... ..................................... (SEAL) ......... G - ..: . .............A.wtast S.eeit,�r�........ �.2 PRINTeD IN U.S.A. R f SUBDIVISION AGREEMENT (§1) Subdivision: 3706 (§1) Subdivider: DANVILLE D VEL Iff- (B. & P. Code §§ZZ6ZZ-12) COMPANY a corporation 1 Effective Date : December 12 19 8 (Contra Costa County (§1) Completion Period: ONE YEAR Standard Form; 8-67) (§4) Deposits : A. (cash 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $43 200.00 2. (labor,materials)$4i,700-00 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments , and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and w1ll be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security : Deposit & Bonds. Upon executing this Agreement , ubdivider shall, pursuant to Bus. & Profs . Code §11612, deposit as security with the County: 4-"-A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (I - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 6/ 5. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section 2; and if, at any time before the County' s resolution of completion for the subdivision, the improvement plan proves to be inadequate in any respect, Subdivi- der shall make changes necessary to accomplish the work as promised. L ?3 -11968 CLQ I .AP.2 C.C7 £UPERVISC i; CL/ /Ao.'Ty 4 QCca�j.y 6. No Waiver by County. Inspection of the work and/or materials , or approva7 of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials , or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and. conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers , agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; B - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. S. Costs. Subdivider shall pay when due all the costs of the work, including inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. ZD. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit , and all other expenses of litigation incurred by County in connection therewith. It. Assignment. If before County accepts these improvements, the subdivision is annexed to a city, the County may assign to that city the County' s rights under this agreement and/or any deposit or bond securing them. Z2. Record Map. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances. -2- STATE OF CALIFORNIA COUNTY OF Contra Costa � SS' On December 129 1968 before me, the undersigned,a Notary Public in and for said State, personally appeared O nto known to me to be the President of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and =;/atnetpissttuutrtauuttttW:etsttMtNstrNtiti* acknowledged to me that such corporation executed the within = Vii7LA M. QL$Er( instrument pursuant to its by-laws or a resolution of its board P1�sARt PUSLIC CALI�ORNiA �r6,of directors. r tit GG' {\'s1'OF GJ>tiTRA COSTA • WITNESS my h d and of6sial seal. 1.4y Comr.,izst..n Expires 0%--23,1971 Signat Viola M. Olsen Name (Typed or Printed) Corporation H COU OF C 0 A SUBDIVIDER: (see note ba-Iow)- By DANVILLE DEVELOPMEM COMPANY,— a Cha an, Boar ervisors torpor do ATTEST: W. T. PAASCH, County Clerk signate official capacity & ex officio Clerk of the Board in the business) By _ _ � Note to Subdivider: (Z) Execute -' Deputy acknowledgment form below; and (2) If a corporation, attach a certified copy of (a) the by- FORM APPROVED: JOHN A. NEJEDLY laws or (b) the resolution of District Atto ney the Board of Directors, authori- zing execution of this contract By and of the bonds required hereby. Deputy State of California ) s8. (Acknowledgment by Corporation, County of ) Partnership or Individual) On , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and ' officer or partner as stated above who signed this instrument, and ac- knowledged to me that he executed it and that the corporation or partner- ship named above executed it. Notary Public for said County and 'atate (Subdiv. Agrmt. CCC Std. Form) (HP-9; Rev. 8-67; 200) +3- • • a CERTIFIED COPY OF CORPORATE RESOLUTIONS RESOLVED, that any officer of this corporation, DANVILLE DEVELOPr'1E-NT CO. , be and he is hereby authorized to execute on behalf of this corporation a Subdivision Agreement substantially on the same terms and conditions as that set forth in Exhibit A. attached hereto and incorporated herein as though set forth in full, together with the bonds supporting said Agreement, all as set forth in said Exhibit A attached hereto, and RESOLVED FURTHER. that any officer of this corporation, DANVILLE DEVELOPMENT CO. , be and hereby is authorized to execute on behalf of this corporation The State of California Division of Real Estate Questionnaire and Application for Public Report, a copy of which is attached hereto, marked Exhibit B, and incorporated herein as though set forth in full. I. ANTHONY C. MORICI, JR. , Secretary of DANVILLE DEVELOP1,11ENT CO. , a corporation, incorporated under the laws of the State of Cali- fornia, do hereby certify that the foregoing is a full, true and correct copy of resolutions of the Board of Directors of said corporation, duly and regularly passed and adopted at a meeting of the Board of Directors of said corporation which was duly and regularly called and held in all respects as required by law, and by the by-laws of said corporation, at the office thereof on the 21st- day of October, 19602 at which meeting a majority of the Board of Directors of said corpora- tion was present and voted in favor of said resolutions. I further certify that said resolutions are still in full force and effect and have not been amended or revoked. MALOVOS, MAGER &CHASUK ATTORNEYS AND COUNSELORS AT LAW SUITE 1014 BANK OF AMERICA BUILDING SAN JOSE.CALIFORNIA 95113 298-0456 IN _WITNESS WEEREOF, I have hereunto set my hand as such Secretary, and affixed the corporate seal of said corporation, this 16th day of December, 1968. - (corporate seal) ANTHONY C. RIC , J . , S r tary of DAi��TILY DEVELOPMENT CO, , a Californi Corporation. MALOVOS.MAGER &CMASUK ATTORNEYS AND COUNSELORS AT LAW SUITE 1014 BANK OF AMERICA BUILDING SAN JOSE,CALIFORNIA 95113 296-0456 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA April 27 197 1 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 3712, Alamo Area ) Deposit: $500 ) Auditor's Permit No. 67182 ) Dated July 10, 1968 ) Refund to: Wesley Bailey Land Co. ) 12 Orinda Way } Orinda, California 94563) On January 20, 1970 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 27th day of April , 1971 W. T. PAASCH, CLERK cc: Public Works (2) Subdivider Deputy Clerk Mildred 0. Ballard IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Natter of Completion ) of improvement: and declaring ) certain roads as County ) RESOLUTION ATO. 70/19 roads , Subdivision 37120 Road ) Grou 3?, Alamo Area, ) b x/o $7 ) t-1HEREAS the Public Tdorks Director having, notified this Board that Improvements have been completed in Subdivision area, as provided in the agreement heretofore executed by this Board in conjunction 711th the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the o following subdivision have been completed for the purpose of estab- o lishing a terminal period for filing of liens in case of action V under said Subdivision Agreement: a Subdivision Date of Agreement v 0 Tract 3712, Alamo area July 9, 1968 0 UN (United Pacific Insurance Company - Bond No. 3-562320) BE IT FURTHER RESOLVED that the $500 cash deposit as surety under the Subdivision Agreement is to be retained for one year in +� accordance with Section 8429(b) of the Ordinance Code. (Auditorts v Receipt No. 67182 dated July 10, 1968). BE IT FURTHER RESOLVED that the hereinafter described roads, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be County roads of y Contra Costa County: v ALTA SIERRA PLACE (36/56/.03) F HAGEN OAKS DRIVE (36/56/.01) v HAGEN OAKS COURT (24/50/0.16) a STONE VALLEY ROAD - videning a as shown and dedicated for public use on the map of Subdivision 3712 filed August 15, 1968 in Book 122 of Maps at Page 18, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 20th day of January � 195 70, by the following vote of the Bo rd AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, E. A. Linscheid, T. J. Coll. , NO ES None, CERIUM COPT None, I..►tl/, tact We i.a 40, f— &oen.et toy,01!6. AABSENT:s dt-c—nf .,;.11 i. :' f" i, -T d/i4.. A.(if s..j.a...J iJ. ;'-t—, ?• fe; Fror,i of Z.p., rwr. of i:onfra C.-l— :can's. {s ;j.»airs, an :6. RESOLUTION NO. 70/19 "t°-h— " `:.-'r: " •. r.a.Lz;''H Cannfp de'l 9 ON-dIrcio cls.i u/ .Jid Bard of S&P-40n.61 Form 23.3 6/68/200caE . cc: Subdivider "'"'...... - cc: Recorder Public Works (2) Auditor IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain roads as County ) RESOLUTION NO. 70/19 roads . Subd ivision 3712, Road ) Group 11537, Alamo Area, W/0 6728. ) WHEREAS the Public Works Director having notified this Board that improvements have been completed in Subdivision area, as provided in the agreement heretofore executed by this Board in conjunction Stith the filing of the subdivision map; NO1,15 THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of estab- lishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement t Tract 3712, Alamo area Jolt 9, 1968 \ (United Pacific Insurance Compaty - Bond go. B-52320) v BE IT FURTHER RESOLVED that the hereinafter described 1 road.s, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and. declared to be _ County road s of Contra Costa County: ALTA SIERM PL&CS (36/56/.03) HAGRI OAKS DRIVE (36/56/.01) RAGW ASKS COURT (24/50/0.16) STONE VALLU ROAD - widening as shorn and dedicated for public use on the map of Sibdivisiou 3712 tiled August 15, 1968 in Book 122 of laps at Page 18, Official Records of Contra Costa County, State of California. PASISED AND ADOPTED this 20th day of Lamm 890—ma¢ 1970 by the following vote of the Board: AYES: -� NOES ABSENT: RESOLUTION NO. 70/19 Form 23.3 6/68/200 I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this day of _ MEM W. T. PAASCH, CLERK ` Mld:ed 0. asuari Deputy Clerk FebUc Wwks (2) Sebdividsr Amitoe Planning RL9DLDTMN ND. 70/19 Porn #11.5; 2-69-500 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of Private Improvements in ) Subdivision 3712, Alamo Area. ) WHEREAS the County Building Inspector having notified this Board of the completion of private improvements in Subdivision 3712, Alamo Area, as provided in the agreement heretofore executed by this Board with Wesley Bailey Land Company, 12 Orinda Way, Orinda, California on August 13, 1968; NOW, THEREFORE, on motion of Supervisor E. A. Linsrheid, seconded by Supervisor A. M. Dias, IT IS BY THS' BOARD ORDERED that the private improvements in said subdivision are HEREBY ACCEPTED AS COMPLETED; and IT IS BY THE BOARD FURTHER ORDERED that Suraty Bond No. B-562322 guaranteeing faithful performance, issued by United Pacific Insurance Company with Wesley Bailey Land Company as principal, be and the same is hereby EXONERATED. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, E. A. Linscheid, T. J. Coll. NOES: None. ABSENT: Supervisor J. E. Moriarty. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 20th day of January, 1970. W. T. FAASCH, CLERK By J'/l. :727-e, Anne Ft. Mc ore , Dsp ty er cc: Wesley Bailey Land Company Building Inspector Bonding Company i CONTRA COS'T'A COUNTY BUILDING INSPECTION DEPARTMENT Inter - Office Memo TO. Board of Supervisors DATE: January 14, 2970 FROM: R. J. Kraintz, County Building Inspector ff�� By: James A. Searfus, Grading Engineer SUBJECT: SUBDIVISION 3712 - APPEOVAL OF PRIVATE - Rt VTZUZITS (Alamo Area) Owner: Wes Bailey, 12 Orinda Way, Orinda, Ca. The private improvements rewired to be constructed under th above Subdivision Agreement, executed by the Board of Supervisors, have been satisfacorily completed. It is recommended that the improvements be accepted as complete and the Surety Bond submitted as faithful performance of the agreement be exonerated. � EIVED JA14 lt/-197C W. T. PAASC14 CLERK BOARD OFU COISORS 4. NTRA . _ p�put JAS:ads i 1 i In the Board of Supervisors t of Contra Costa County, State of California j JuIY 29 i t In the Matter of Approval of Subdivision PP . Agreement Extension for ; Tract 3712, Stone Valley. Area. On motion of Supervisor T. J. Coll , seconded by Supervisor E. A. Linscheid, IT IS BY THE BOARD ORDERED that the Subdivision Agreement Extension ' for Tract 3712, Stone Valley area, between Wesley Bailey Land Company, sub- ; divider, United Pacific Insurance Company, bondsman, and the County of ; Contra Costa for an additional period to and including November 9, 1969, is APPROVED. IT IS BY THE BOARD FURTHER ORDERED that Supervisor J. E. Moriarty, Chairman, is AUTHORIZED to execute said Subdivision Agreement Extension on behalf of the county. The foregoing order was passed by the following vote of the Board: AYES: Supervisors Thomas John Coll , Edmund A. Linscheid, James E. Moriarty. NOES: None. ABSENT: Supervisors James P. Kenny, Alfred M. Dias. 1 hereby certify that the foregoing is a true and corred copy of on order eeNred on the wNs of said Board of Supervisors on the dote aforesaid: cc: Public Works (2) Witness my hand and the Seal of the Board of Subdivider (c% P.Y.) Supervisors Planning affixed this 29th day of July , 1969 W. T. PAASCH, Clerk By Deputy Clerk Mildred 0. Ballard M 24-5/69-IOM i UAU CW CALMRNK ss. —Can"of Centra Cps to * OR this 1$Lh _ _ tt�y of__.1 u 1vL.._ the year one thowowd rime homed� G i Y ry-a in, --- itfar+e we,__J e S S 9._L QLUX z.L_ ,a Notary Public in and for t+ie COSS&of Contra Costa _ _ State of California,residing therein,duly cowiwiittiam"and mw%perswaUyap rawwl Wes Ie Saile known to me to be the_ president of the corporation described in and that executed the within i mtrament,and also know to am to be �eeooe0+0+�se00000000��* the person—who executed the urithin instrument on behdf of the corporation thovin nunwewd,aad 0 ;, JESSE L. OLIVER acknowledged to me that such corporation executed thesame- 11013ry Public • ww _ �..____......__. _ County i Stag a:afilornia IN WITNESS WHEREOF I have hereunto set my hand and aired my vjksW swi in ale oeoa000e s 0000000000 —County of Contra Costa thedoyawdyewisthiseestijrgte "omm?ssio�• expires May 2, 1970 �'iwritten. ...�.. Notary Public in and for the.._._._ —County of_._Con t ra Costa Stade of GaLfotttiL < a1. My Commission Fapires.._....._..._................_...r.. _ . E� State of California ss. County of Contra Costa On July 22, IS�L before me, the undersigned, a Notary Public in and for said County, personally appeared George H. KrUeaer known to me to be the person whose name is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that_he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and own name a W10AL SEAL A9% ANh' KRUE:'P-R 1W NOTARY VUBLIC-CALIFORNIA V.:4.iziA COSRk COUNTY My Comminion Expires Nay 20.1973 1938 Collax. Concud. CMif. 98522 My Commission expires 19_ Notary Public in and for said Cour B-2004 California - Jurat (Attomey-in-Fact Acknowledgment) Rev. 1-65 A oECEll VE D JUL 2 31969 SUBEIVISION AGRM ENT EXTENSION PLUG ow Dom," ODntra Costa Subdivision Number 3712 Name Country Club Terrace (Original) Agreement Date July 9, 1968 Name United Pacific Insurance Co. Bond No. B-562320 Amount Faithful performance and Maintenance $36,700.00 Date Labor and Material $37,200.00 July 9, 1968 1968 Extension ' New Termination Date Nov. 9, 1969 This Subdivider and his Surety desire that this subdivision agreement be extended through the above date; and Contra Costa Country and the Surety hereby agree thereto and ai&knowledae sane. i i � LtLIL ' - - /Y► 'r PAASCH ' CLEM COAR4 CF suveavtseas t �ohrR,ccsr couyry ecpaty Z ` . e a of My Dated: 7-18-69 WESLEY BAILEY LAND COMPANY CONTRA COSTA COUNTY { 14,411 Su _ er UiIITED I'f� IC T�ICE C APIY rman, Board of pervisors George .t rue , amey,in a617 ATTEST: W. T. PAASCi, County Clerk and ex officio Clerk of the Board 1'Xez [ Deputy (NOTE: SUBIXVIDE.RIS AND SURETY'S SIGNATURES TO BE NOTARIZED) RP-16 (Rev. 7-69) In the Board of Supervisors of Contra Costa County, State of California June 17 19,..69 In the Matter of Exoneration of Tax Bondson Tract No. 3782, San Ramon Area, and Tracts Nos. 3609 andy3712, Danville Area. The Office of the County Tax Collector having advised that county taxes for the fiscal year 1968-1969 on properties included in Tracts Nos. 3782, 3609 and 3712 have been paid in full, and said office having requested that the tax bonds filed with this office guaranteeing payment of the 1968-1969 tax liens on each of the said tracts be exonerated as follows: Tract No. 3782, San Ramon area, Tax Bond No. B-570809 issued by United Pacific Insurance Company in the sum of $8,000, with Sycamore Construction Company as principal; Tract Ido. 3609, Danville area, Tax Bond No. B-570807 issued by United Pacific Insurance Company in the sum of $5,000, with Danville Place, a partnership, as principal; and V//Tract No. 3712, Danville area, Tax Bond No. B-562321 issued by United Pacific Insurance Company in the sum of $4,200, with Wesley Bailey Land Company as principal; NOW, THEREFORE, on motion of Supervisor A. M. Dias, seconded by Supervisor E. A. Linscheid, IT IS BY THE BOARD ORDERED that the bonds as set forth above be and the same are hereby EXONERATED. The foregoing order was passed by the following vote: AYES: Supervisors J. P. Kenny, A. M. Dias, E. A. Linscheid. NOES: None. ABSENT: Supervisors T. J. Coll, J. E. 1-foriarty. I hereby certify that the foregoing is a true and correct copy of an order a-is A on the minutes of said Board of Supervisors on the date aforesaid. cc: Tax Collector Witness my hand and the Seal of the Board of Redemption Department Supervisors Bonding Company affixed :his 17th day of June , 19 W. T. PAASCH, Clerk By Deputy Clerk Doro y La arini H 24-5/69-IOM r UNITED PACIFIC ' INSURANCE GROUP SAN FRANCISCO BRANCH:351 CALIFORNIA STREET . SAN FRANCISCO.CALIFORNIA 411114 June 10 1969 . County Tax Collector . County Courthouse . Martinez, California Dear Sir: RE: SUBDIVISION TAX BOND NO. B-562321 WESLEY BAILEY LAND CO. This Company is surety on the captioned bond, executed on or about July 9, 1968 in connection with �ract 3712, Country Club Terrace, Alamo, California. We would appreciate it if you would advise us whether or not these taxes have been paid and our bond exonerated. A stamped self-addressed envelope is enclosed for your convenience In replying. Yours very truly, UNIT$D PACIFIC INSURAMCB CMANT By '"SV j� BOND DEPARTMENT June 12, 2969 The 1968-69 taxes on the property included in Tract 3= have been paid in full. i/ pt / �' Y • UNITEO PACIf iG 1NS11RANC17 CON11'ANY • ON111"Is 1'A1711 IC 1,11 C IMMIRANCC COMI'ANY CA:CADf_ IIISURANCC COMPANY • UNI-PAC CORPORATION V THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFOAtiTIA In the Katter of Approval } of Subdivision Map of ) RESOLUTION N0. 68/540 Tract 3712, Danville area. } A map entitled Tract 3712, property located in the Danville area, having been presented to this Board for approval, said map having been certified by the proper officials, and being accom- panied by: Subdivision Agreement for public street improvements between Wesley Bailey Land Company, 12 Ori.nda Way, Orinda, California, subdivider, and the County of Contra Costa, wherein said subdi- vider agrees to complete said improvements in said subdivision within one year from the date of said agreement; Surety Bond (No. 3-562320) issued. by United Pacific Insur- ance Company in the amount of $369700 for Faithful Perfor- mance, and. a X5500 cash deposit (Auditor' s Receipt leo. 67182 dated July 10, 1968) , which amounts are required to guaran- tee completion of road and street improvements as required by the County Ordinance Code as emended; and Labor and Xaterials Bond in the amount of c37,200; and Inspection Fee of X1,860; Subdivision Agreement for private street improvements between Wesley 3ailey Land. Company and the County of Cotatra Costa, :•:he.reiri said subdivider agrees to complete said improvements within one year f rom the date of said agreement; Performance Bond (No. 8-1562322) issued. by Uniteu Pacific _insurance Company in the amount of 116,325, which amount is required to guarantee completion of private street improvements as required by the County Ordinance Code as amended; Letter from the ?redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in said. map, that the current 1967-1968 tax lien has been paid in full, and that the 1908-1969 tax lien, which became a lien on the first of .arch, 1968, is e stir fated to be :4,200; Bond Against faxes (No. B-562321) in the amount of :541200 guaranteeing payment of estimated 1968-1969 tax. '�"!EAEFO E, BE IT F3SOLATED that said bonds and deposits and the amounts thereof be and the same are hereby APPROVE. RESOLUTION. No. 681540 A i l BE IT ^U�RIMER BESOLVID that said subdivision agreements be and the same are hereby APPF30VL'D, and Supervisor A. M. Dias, Chair- man of this Board., is AUTHORIZED to execute same in behalf of the } County. BE IT -rURTEER RESOLVED that said man be and the same is hereby A".-PIP-ROVED and this Board does not accept or reject in behalf of the public any of the streets, roads, avenues or easements shown thereon as dedicated to public use. PAS SED XqD- J101 OPTE.D this 13th day of August, 1968 by the following -rote of the Board: AYES: Supervisors James P. Kenny, James E. Xoriarty, Thomas John Coll, Edmund A. Linscheid, ` Alfred ii. Dias. Tv OB'S: None. • ABSaT'17: None. E I i 1 ; cc: Public Works (3) Highway Planning Subdivider CERTIFIED COPY 1 certify that this is a full, true & correct COPY 02 the original c!ocrment which is on file in my office, and that it Was *,ftsseci c: io��ted h„ the Board of Supervisors o; Cort:= C^ i: Co�!nt�;, C al:fOrnia, on the date sh a t'.^i. _''.':r.S : W. T. pt—a SCH, county cleric&ex-officio clerk of said Board of Supervisors, by deputy clerk. K.0. 68/5 .0 L - SUBDIVISION AGREEMENT (§1) Subdivision: 71Z (§1 Subdivider: (Private Improvements) 12 Ortliae7 WQ _ 1. Effective Date: 9-13-69 (Contra Costa County §1 Completion Period: — Standard Form; 8-67) §3 Deposit: (faithful�r 2_$60 1. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above-named Subdivider, mutually promise and agree as follows concerning this sub- division: ub- ivision: 2. Improvements. Subdivider shall construct, install and complete private road and street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordi- nance Code, especially Chapter 5 (Sections 8490 et seq. ) of Division 4 of Title 8 and including future amendments, and all improvements required in the approved parcel map improvement plan of this subdivi- sion on file in the County's Building Inspection Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by Section 8495(d) of the County Ordinance Code, in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a con- flict between the improvement plan and the County Ordinance Code, the stricter requirements shall govern. 3. I�mpprovement Security. (3 - Faithful Performance) Upon executing this Agreement, Subd er shall, in accordance with Section 8494.10(b) (3) of the County Ordinance Code, deposit as security with the County at least the above-specified amount, which is the total estimated cost of the work, in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faith- ful performance of this agreement. 4. IndemnIt Subdivider shall hold harmless and indemnify the indem- nitees rom e liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers, agents and employees; B - The liabilities protected against are any liability or claim for damage of any kin allegedly suffered, incurred or threatened be- cause 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 unfore- seeable at any time before the County approved the parcel map improve- ment plan or accepted the improvements as completed, and including the defense of any suit(s), action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) n connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions: The promise and agreement in this section is not conditioned or aependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other indem- nification covering any of these matters. 5. Costs. Subdivider shall pay when due all the costs of the work, inclu3Ing inspections thereof and relocating existing utilities re- quired thereby. FViG E -1- 1 "!1958 ,A1. T. PAAGCH ci-EsK HOARD CI SUPERVISORS c� `O'lTRA 9 Cb N1Y Cy/ + � Deputy 6. Nonperformance and Costs. If Subdivider fails to complete the work and improvements wit n the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. 7. Assignment. If before these improvements are completed this minor subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. 8. Record Map. In consideration hereof, County shall allow Subdi- vider to fila and record said parcel map, and recognizes this subdi- vision as one complying with State laws and County ordinances, and the conditions of approval of the minor subdivision. COUNTY C SUBDIVIDER: (see note below) By WESLEY BAILEY LAND COMPANY C an, ar visors ATTEST: W. T. PAASCH, County Clerk By C ^—x ident & ex officio Clerk of the Board Designate c�a cap c i;y � ` in the bu Hess) By J�[.[�C� Note to Subdivider: (1) Execute eputy acknowledgment form below; and (2) If a corporation, attac i a certified copy of (a) the by-laws or (b) the resolution of the 1oard of Directors, authorizing execution of this contract and of the bonds required hereby. State of California ss. (Acknowledgment by Corporation, County of Contra Costa Partnership or Individual) On j1113Z s 1 gfis , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. �••••••ooeo.�c�0000000•.• • �`� l�l'�!t'Ft7C • • cont-'a Co::_ C.unty • • / � State of 4:;.ii:cr:tia � iZQ1�-.- 'a N�•••••�0000000000000•• Dor een 4QPjin�pck Notary Public for said County ana State APPROVED AS TO FORM JOHN A. NVEDLY DISTRICT TTonNEY �L�-,"T fp`, (Deputy District atto•::sey) -2- DATE: is SUBDIVISION AGREEMENT (§1) Subdivision: :?1 i- (§1) Subdivider: 1%)C-513_ A (B. & P. Code §§Z16ZZ-Z2) L A ` 1 Effective ate : 8-/3-66 (Contra Costa Country (§1) Completion Period: &-,- Standard Form; 8-67) (§4) Deposits : A. (cash) $501. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ 3 6 700.o� 2. (labor,materials) 37 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs , fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & :.+aintenance. Subdivider guarantees that the work is and will be ree,, from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security : Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (l - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section 2; and if, at any time before the County' s resolution of completion for the subdivision, the improvement plan proves to be inadequate in any respect , Subdivi- der shall make changes necessary to accomplish the work as promised. F IL_ D `AUG 13 1968 I . T. PAASCH CIrRK eaARD CE SUPERVISCRS i „V Rg} C UNTY 3 6. No Waiver by CountL. Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and. conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 8. Costs. Subdivider shall pay when due all the costs of the work, incluff g inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Za. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit , and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements, the subdivision is annexed to a city, the County may assign to that city Lhe County's rights under this agreement and/or any deposit or bond securing them. 12. Record Map. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complyint with State laws and County ordinances . -2- COUN Y OF SUBDIVIDER: (see note below) r By Cha n, Board Su visors By h T- ATTEST: W. T. PAASCH, County Clerk (Designat o ficiaZ� apacity & ex officio Clerk of the Board in the b iness) By /� (J~ � -�' Note to Subdivider: (4) Execute Deputy ac no ledgment form below; and (2) If a corporations attach a certified copy of (a) the by- FORM APPROVED: JOHN A. NEJEDLY laws or (b) the resolution of DiE2strict Attorney the Board of Directors, authori- zing execution of this contract By and of the bonds required hereby. Deputy State of California ) ss . (Acknowledgment by Corporation, County of ) Partnership or Individual) On July 9. 1968 , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and ac- knowledged to me that he executed it and that the corporation or partner- ship named above executed it. ♦t••N••••NH••NN••♦• _fid � r U=-Zj►�� A. Lambert • _ Notary P.,�t:c • A. Lambert • ,�# • Contra Costa County i Comminka Expires Sept. 13, 1971 i State of California • ••••••::•••••••..••::•„ Notary Public for said County and 3t.ate (Subdiv. Agrmt. CCC Std. Form) (HP-8; Rev. 9-67; 200) 3 ACTION OF THE BOARD OF DIRECTORS OF Wesley Bailey Land Co an , A CORPORATION TAKEN WITHOUT A MEETING The undersigned being all of the Directors of Wesley Bailey Land Company , a corporation, do hereby unanimously consent to the adoption of the following resolution: RESOLVED. That Wesley Bailey President of this corporation be, and he hereby is, authorized to enter into on behalf of' this corporation, a subdivision agreement with the County of Contra Costa covering Subdivision 3721 and to execute a performance bond, labor and materials bond an-U—tax bond, in connection therewith, together with such other documents and instruments as may be incident thereto . DA TED: July 9, 1968 ff t 1, CERTIFICATE OF SECRETARY I, Delone Bailey , Secretary of Wesley Ba-1 d , a corporation, do hereby certify and declare that the foregoing is a full, true and correct copy of a resolution adopted by action taken by unanimous written consent of the board of directors without a meeting, dated July 9. 1968 , and that the By-Lairs of this corporation authorized the directors to so act; and that said resolution is noir in full force and effect_ In testimony whereof, I have hereunto: set my hand and affixed the corporate seal of said corporation this 9th day of July , 1968 Secretary (Affix corporate sea!) - a PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLeC WORKS DIRECTOR ROAD COMMISSiONER•SURVEYOR 6TH FLOOR, ADMINISTRATION BUILDING MARTINEZ, CALIFORNIA 91553 R. D. BROATCH TELEPHONE 220.3000 DEPUTY PUBLIC WORKS DIRECTOR August 13, 1968 Subdivision 3?12 FILED Honorable Board of Supervisors AUG 131 Administration Building W. T PA . ti Mlartinez, California tcVF r ..Ct fTy Gentlemen: f u�/l" There is submitted for your approval the map of Subdivision 3712 in Supervisorial District III in the Danville area. Accompanying this map and pertaining thereto are the following documents: 1. Public Street Improvements no Subdivision Agreement. Expiration date of one year time limit for completion is August 13, 1969. bo A Surety Bond in the amount of :36,700100 and a $500.00 cash deposit (Auditor's Receipt No. 67162 dated July 10, 1968) which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. c• Labor and Materials Bond in the amount of =37,200.00. 2. Private Street Improvements a. Subdivision Agreements Expiration date of one year time limit for completion is August 13, 1969. b. Surety Bond in the amount of :16,325.00 which amount is required to guarantee completion of private street improvements as required by the County Ordinance Code as amended. 3. Letter from Tax Collector's Office stating that then are no unpaid County taxes on the property, and that the 1968.69 tax, which became a lien on the first Monday of March, 1968, is estimated to be $4,200.00. 4s Tax Bond in the amount of $4,200.00 guaranteeing payment of estimated 1968-69 tax. Board of Supervisors -2- August 13, 1966 The sap is submitted for filing by George S. Molts, Consulting Civil Engineers, Inc., under the provisions of the County Ordinance Code and all required deposits and fees have been paid. ' It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreementson behalf of the County. Very truly yours, VICTOR W. SAUER Public Works,Director By V. L• Cline Assistant Public Works Director Highway Planning TELssc Enclosures ccs Title Company George S. Nolte Planning Department Construction Division CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT Inter - Office Memo Public Works Department TO: Attu; - V. Cline, Asst. Director of Public WINE: Jn],y 10, 1966 FROM: Building Inspection Department By: A. L. Stanley, Grading Baginser SUBJECT: SUBDIVISION 3712 (Private Improvements) Attached is the agreement and bond in the amount of $169325.00 guarantying construction of the private improvements required by the Planning Commission for development of the above subdivision. The District Attorney's Office has approved the agreement as to form and we have approved the improvement plans and estimated costs of construction. It is requested you present this to the Board of Supervisors In conjunction with the agrerements, bonds, etc. for the public improvements for their approval and execution of the agreement. Coed i RA COST A CO. RECE1"VED J U L 101968 cc: J. P. McBrien, County Administrator Board of Supervisors Office of County Administrator r 1� - CONTRA COSTLA'COUNTY .. - . BUILDING INSPECTION DEPARTMENT Inter - Office Memo Public Works Depa rtmact DAT E- TO: Attns Ve Cline, Aas't. Director of Public Wks. July lot 190 FROM: Buffing Inspection Department By: A. L. Stanley, Grading 111rgineee SUBJECT: SUBDIVISIW 3712 (Private Improvements) Attached is the agreement and bond in the amount of $16025.00 guarantying constructicn of the private Improvements requited by the Planning Commission for development of the above subdivisim. The District Attorney's GfiYce has approved the agreement as to form and we have apixaved the improvement plans and estimated costs of construction. It is requested you present t'2ia to the Board of Supervisors in conjunction with the agreements, bonds, etc. for t!M public improvements for their approval and execution of the agreement. U-ocs J. P. McBrien, County Administrator Board of Supervisors RECEIVED JUL 14 -8 W. T. Ptd � H '. CLERK ERVISO�tS ACO. BY Putt Bond No. B-562320 Premium: $558.00 IMPROVEMENT SECURITY BOND (Faithful Performance & Maintenance, AND Labor & Materials) (Calif. Bus. & Prof. Code §Z1612; Contra Costa County Standard Form) Z. OBLIGATION. (Principal) Wesley Bailey Land Company as Principal, and (SuretyJ United(Surety Pacific assurance Company a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs , executors , administrators, successors and assigns to the County of Contra Costa, California, to pay it : (A - Faithful Performance, & Maintenance) Thirty-six Thousand Seven Hundred and no/100- —Dollars ($ 36,700.00 ) for itself or any City-assignee under the below-cited subdivis on contract, plus (B - Labor & Materials) Thirty-seven Thousand Two hundred and no/100 -Dollars ($ 37,200.00 ) for the benefit of persons protected under Cal. Bus. &Prof.Code 11 12 . 2. RECITALS. The Principal contracted with the County on July16, 1968 to install and pay for street, drainage, and other improvements in Subdivi- sion No. 3712 , as per map now being filed with the County's Recorder, and to complete said work within one year from said date, all in accordance with State and local laws , rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement , and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect . No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety ; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on July 9, 1968 PRINCIPAL SURETY w t5 L C 1,lA f LC L A n;U t'-v AAty UNITED FIC I URANCE COMPANY .S( 1 By W _X ge 1 uc N r By Geo e , eittorney in fact State of California ) ss, County of ) (ACKNOWLEDGMENT BY SURETY) On , the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorney(s)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Surety and his/their own name(s) as its Attorney(s)-in-Fact. Notary Public for said County and State (Imp. Sec.Bond, CCC Std.Form) (8P-Z5;Rev. 8-67; 200) State of California s s: County of Contra, Costa On July 9 19 L8 before me, the undersigned, a Notary Public in and for said County,personally appeared George H. Krueger known to me to be the person whose name is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that—he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h is own name as Attorney-in-Fact. ......................... ................ .. pFFiC1AL SEAL -r ANN KRUEGER NOTARY PUBLIC —CALIFORNIA PRINCIPAL OFFICE IN CONTR:k Cos-A COUNTY My Commission expires May 20 196� Notory Public in and for said Coua B-2004 California- Jurat (Attomey-in-Fact Acknowledgment) Rev, 1-65 ry `S W . Bond No. B-562321 ' B014D AGAINST TAXES Premium: $42.00 IM B! 2-SSE PRESENTS: THAT Wesley* Bailey Land Company , as principal and, (Surety) United Pacific Insurance Company a corporation o_-anized a::d existing under the laws of the State of Washington a:d authorized to transact surety business in California as surety are eld a.-.d firmly bound unto the County of Contra Costa, State of California, in the penal sum of Four Thousand Two Hundred and no/100--- -~-------------Dollars 4,200.00 ), to be paid to the said County of Contra Costa, for the payment of which will and truly to be made„ ::e and each of us bind ourselves, our heirs, executors, adminis- trato=°s and successors, jointly and severally, firmly by these presents. Sealed with our seals and dated this 9th day of July s i9 68 The conditions of the above obligation is such that 1,MREAS, the above bounded^ ?rincipal is about to file a man entitled Tract 3712, Country Club Terrace, Alamo, California a_d coverinus a sub::ivision of a tract of land in said County of Contra Costa, anw :..:eye are certain liens for taxes and special assessments coilec ,ad as :,a:_es, a;,ainst the said Tract of land covered by said map, -, ich taxes ar.-: special assessments collected as taxes, are not as yet ,"u.: or payable. I r'i 1 ?r.' , i rile saj 3 Principal shall Lay all of t.-e ta_,:es and snec151 assessmen s collected as ta::es which a_?e a lien a ainst said tract of land covered by said i.4ao, at t:�e time o-" t e filing of said man of said Tract, then this o'o?i ation shall ;,e voi and of no effect. Otherwise it shall re- :aain in full force an:: effect. WEST VY B LEY IJU 01 T dY 7-7 f-2rincipal UNITED PACIF C INSURArTCE COITANY urety'—'— By; Ac_:now'cdgement George H Krue , r, a torney in fact (may surety) A a a z,y f J -08 uO CO v� J r3 4 V C _ o r• q' C' � �wQ o ¢ o 0 0c E -a° R ra Q 3� o J 3 O O W Y � a u a F co c O O~ y 10 p y to e 3 z c a �a u oZ N E� r EMMETT HtTCHCO(:K ' / ` LORRAINE K.'PLANZ. COUNTY TREASURER•TAX COLLECTOR PRINCIPAL CLERK TAX COLLECTOR'S OFFICE PHONE 226•3000 EXT. ]SS.366.367 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINQ, CALIFORNIA FIRST INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF NOVEMBER ON THE TENTH DAY OF APRIL SECOND INSTALLMENT OF TAXES SECOND INSTALLMENT OF TAXES DUE AND PAYABLE Jl g� 196g DELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF DECEMBER F I LED ?UG .1 31968 LV, T, PAASCH CLERIC BOARD CF CONT-P, C^�-• This will. certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 3712 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current1967-6g tax lien has been paid in full. Our estimate of the 196r-62 tax lien, which became a lien on the first Monday of March , 1�. is =_4,200.00 . BRETT HITCHCOCK Redemption Officer . 1y: DePI>ti7 dl !a • Bond No. B-562322- Premium: -562322Premium: $245.00 • • PERFORMANCE BOND • • CALIFORNIA - PUBLIC CONTRACT • • KNOW ALL MEN BY THESE PRESENTS: That 4IESLEY BAILEY LAND COMPANY • • as Principal, and the UNITED PACIFIC INSURANCE COMPANY, a Washington corporation author • • ized to execute bonds in the State of California, as Surety, are held and firmly bound unto • CoimTY OF CONTRA COSTA • • as Obligee, in the sum of SIXTEEN THOUSAND THREE. HUNDRED TVIEIdTY-FIVE AP]'D 1I0/100--------- • • Dollars ($16,325.00 j • • for which sum we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and • • severally by these presents. • • THE CONDITION of the above obligation is such that, Whereas the Principal has entered into a • • contract, dated July 16 , 19 68 ,with the Obligee • • to do and perform the following work to-wit: IMPROVEMITS TO PRIVATE ROAD WITHIN TRACT • • 3712, COMITRY CLUB TERRACE, ALAMO, CALIFOMIUA • • Nov, THEREFORE, if the said Principal shall well and truly perform the work contracted to be • • performed under said contract, then this obligation shall be void; otherwise to remain in full force • and effect. • Signed and sealed this 9th day of JULY , 1968 • • ..� -----.. ......_....... ....... ........................ • UNIT711 CIFIC JJRANCE COMPANY • • BY _.._ 4 - .. --....................... • • B•2035 CAL.-CONTRACT•PUBLIC.PERFORMANCE • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • State of California SS: County of Contra Costa On July 9 1968 before me, the undersigned, a Notary Public in and for said County, personally appeared George H. Krueger known to me to be the person whose name is subscribed to the within instrument os Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that—he subscribed the name of UNITED PACIFIC INSURANCE COMPANY. as Surety, and h is ...............4 own name as Attorney-in-Fact. "'""""'' FcICINL SEAL O ANN KRUEGER NOTARY pU3UC•CALIFORNIA I c, J, pnlf.0►pAL OFFICE IN CONTR.A COSTA COUNTY...... My Commission expires ?Jay 20 14-62 Notary Public in and for said County B-2004 California - Jurat (Attomey-in-Fact Acknowledgment) Rev. 1-65 ,n lio IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA JanuaYw 25 , 1972— In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 3714, Danville Area ) Work Order 6739 ) Deposit: $500 ) Auditor's Permit No. ?5783 ) Dated August 1, 1969 ) Refund to: ) Filper Corporation ) P. 0. Box 67 ) Danville, California ) } On May 19, 1970 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 2 th day of January , 1972 cc : Public Works (2) W. T. PAASCH, CLERK Subdivider , . 1- BY ,,teQstC ;j , �Ll;� , Deputy Clerk Helen C. Marshall � w 0 • In the Board of Supervisors of Contra Costa County, State of California September 1 19. 70 In the Matter of Accepting TASSAJARA ROAD WIDENING as a County Road, Subdivision 3714, Danville Area. 0 WHEREAS the Public Works Director has advised the Board that the widening of TASSAJARA ROAD as shown on the Final Map for Subdivision 3714 was inadvertently omitted from acceptance by the (� Board of Supervisors On May 199 1970, Resolution No. 70/289; NOW, THEREFORE, on the recommendation of the Public Works �i Director and on motion of Supervisor A. M. Dias, seconded by Super- visor J. P. Kenny, IT IS BY THE BOARD ORDERED that the WIDENING OF �) TASSAJARA ROAD as shown and dedicated for public use on the map of Subdivision 3714, filed August 6, 1969 in Book 127 of Maps at Page 34, Official Records of Contra Costa County, State of California, is hereby ACCEPTED. �J The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, E. A. Linscheid, T. J. Coll. NOES: None. ABSENT: None. 1 hereby certify that the foregoing is a true and correct copy of an order sodered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors cc• Public Works (2) affixed :his 1st day ofSeptember . 19 ?D- Subdivider DSubdivider W. T. PAASCH, Cleric Recordererk By is .), Deputy CI Anne M. McSorley H 24 12/69- 10M I IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain roada_ as _ County ) RESOLUTION NO. 70/289 roads , Subdivision 3714, ) Danville Area, Work Order 6739. WHEREAS the Public Works Director having notified this Board that construction of improvements have been completed in Subdivision 3714, Danville area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement Tract 3714, Danville area July 29, 1969 (Fireman's Fund Insurance Company - Bond No. SC 6164690) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 75783 dated August 1, 1969 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads_, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be _ County roads of Contra Costa County: OLD ORCHARD DRIVE (40/60/0.08) THORNHILL ROAD (40/60/0.29) THORNHILL COURT (32/50/0.05) ROSEMEAD COURT ( 32/50/0.04) LARKSTONE COURT (32/50/0.10) WOOMMONT ODURT (32/50/0.06) as shown and dedicated for public use on the map of Subdivision 3714 filed August 6, 1969 in Book 127 of Maps at Page 349 Official Records. of Contra Costa County, State of California. PASSED AND ADOPTED this 19th day of may 197 0 , by the following vote of the Board: AYES: Supervisors J. P. Ko my, A. M. Dias, J. 8. Moriarty, E. A. Linscheid, T. J. Coll. NOES: None. ABSENT: None. RESOLUTION N0. 70/289 I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 19th day of May 19 O W. T. PAASCH, CLERK By Mildred 0. Ballard Deputy Clerk cc: Recorder Public Works (2) Subdivider RESOWTION N0. 70/289 Form #11.5; 2-69-500 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) 69/ 507 Tract 3714, j RESOLUTION P0. Danville Area. WHEREAS a map entitled Tract 3714 , property located in the Danville area , having been presented to this Board for approva , said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied op � r pper included in the map, and that the current 1968-M �i : den has been paid in full, and that the 1969-1970 tax lien, which became a lien on the First of Nereh, 1969, is estimated to be $60,050; and Letter from the Public Yorks Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4. Title 8, of the County Ordinance Code; Surety bonds issued by Fireman's Fund Inauranae Company, with Filper Corporation, no principal, as follows? Bond No. sC 6164690 in the amount of $85,500 for Faith- All Performance and $86v000 for Labor and Materials; Bond No, 9C 6164691 in the amount of $69050 guaranteeing payment of estimated 1969-2970 tax; Cash deposit (Auditors aecel#t No. 75783 dated fugtisC 1, 1969) in the amount of $500; Inspection Fee: $49300. Subdivision agreement between Fi'lper Corporation, 401 South Hartz Avenue, Danville, Californfe, subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete roe4,and street improvements, etc., in said subdivon year from the date_ of said agreement; Moy '6• r0)-- RESOLUTION NO. 69/507 Form #23 NOW THEREFORE, BE IT RESOLVED that said. bonds and 42nosit and the amounts thereof be and the same are hereby .APPROVED. BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and. this Board doer not accept or reject on behalf of the public PASSED AND ADOPTED this 5th day of August , 1 9il, by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias# T. J. Collg E. A. Linseheid, J. E. Moriarty. NOES: done. ABSENT: None, CERTIF'"i D COPY I certify that this is a Nil, true & correct copy o; tale original document tr?�i^,!� is on f:.' at:rl that it tra pr..:fie.= `-pcnnso,,%4 of Cn!1tr;,. Costa County. cc: Public Works (2 =:e d:ate Iloit•n. a T'1' ST: V;). T. P4 3��i, count. Subdivider e ex-officio clerk of said Board of Supervisors, by deputy clerk. / r RESOLUTION NO. 1 69/507 Form 23 /n -1 ^AA ■ P" PUBLIC WORKS REPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6tH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228-3000 DEPUTY PUBLIC WORKS DIRECTOR August 1, 1969 Subdivision 3714 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3714 in Supervisorial District III in the Danville area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is July 29, 1970. 2. A Surety Bond in the amount of $85,500 and a $500 cash deposit (Auditor's Receipt No. 75783 dated August 1, 1869) which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond in the amount of $86,000. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1970 tax, which became a lien on the first Monday of March, 1969, is estimated to be $6,050.00. 5. Tax Bond in the amount of $6,050.00 guaranteeing payment of estimated 1970 tax. The map is submitted for filing by the Financial Title Company under the pro- visions of the County Ordinance Code arra all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR ;-F. SA UFR Public Vbrk e to BV V IT. L. (Caine Assistant Public Ylorks Director JP:sc ?highway Planning cc: Tithe Company Planning Department Construction Division EMMETT HITCHCOCK ALFRED P. LOMELI., COUNTY TREASURER•TAX COLLECTOR OFFICE MANAGER TAX COLLECTOR'S OFFICE PHONE 229-3000 EXT. 2384•238S•2386 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553, 1 1 FIRST INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF NOVEMBER _T ON THE TENTH DAY OF DECEMBER MJ SECOND INSTALLMENT OF TAXES une Zy 1%7Q SECOND INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF APRIL IF THIS TRACT B NOT FILED BY OCTOBER 319 1969, THIS LEITER IS {VOID This will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. =4 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current16949 tax lien has been paid in full. Our estimate o the 196 � tat lien, which became a lien on the first o ch, ±qL' is $ 6,050.00 IIX1-1317 HITCHCOCK Redemption OffY r By: Y dl STATE OF CALIFORNIA COUNTY OF Contra Costa SS. on July 29, 1969 before me,the undersigned.a Notary Public in and for said State, personally appeared G. C. FiliCe known to me to be the President of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within !mr ' nrnurmrtrutmrH instrument pursuant to its by-laws or a resolution of its board 'IX V{C)LA M. OLr�SENraar � of directors. .,; NOTARY PUBLIC•CALIFORf11A WITNESS my h9fid and official seal. COUNTY OF CONTRA COSTA My Cammissicn Expires Dec.23,1971 Signat . Viola M. Olsen Name (Typed or Printed) J V—955 Corporation �y ',s h A N w 4/ Ci Z A- 4 BOND AGRMST TAXQS CL BMW ALL MZN BY TMZ PRESENTS= BOND N0, SC 6164691 THAT FILPER CORPORATION as principal and FIREMAN'S FUND INSURANCE�D._ an8 as sureties are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of IX THOUSAND FIFTY AND NO/100---------------COLLARS ($ 6,050.00 to be paid to the said County of Contra Costa, for the payment of which we and each of us bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, fivaly by these presents. Sealed with our seals and dated this 2_98 day ofJU 19 69 The conditions of the above obligation are such that WMRBAS. the above bounded principal is about to file a Map entitled TRACT 3714, SYCAWRE UNIT Ii and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said Tract of land covered by said Map, which taxes and special assessments collected as taxes, are not as yet due or payable. Now, therefore, if the said n shall pay all of the taxes and special assessments collectid collectas taxes which are a lien against said tract of land covered_ by said Map at the time of the filing of said Map of said Tract, then this 1 obligation shall be void and of no effect. Otherwise it shall, re- main in full force and effect. Filper Corporation' A Corporation Presi Pr ncipa FIREMAN'S FUND INSURANCE-_L'OMFAUX Surety_ Prary irf[McIntosh Attorn -fn-Fact Acknowledgment s ra STATE OF _ ____California C�t'� Ca ss. COUNTY OF_..._��' _ On this 24TE day of-_-z-7T Y _ �.__ _ is the year 1969, before me, a NoTAxY runuc in and for said County and State,personally appeared - % a`:a'L'L'•R'LS`+� OFFICIAL SE..NL ti Mary F. McIntosh MARGARET J. DURAN t known to me to be the person whose name is subscribed to the within instrument as the %y% l;,yy,= t;GtAt;v FU-11C CALftOntitA Attorney-in-fact of the FIREMAN'S FUND INSURANCE COMPANY,and acknowl- ALAI4LDA CDU NT f edged to me that he subscribed the name of the FIREMAN'S FUND INSURANCE COM- my Commiuwn Expires Mar 15,1973 a IYLY. my cosswn Ex lies may 15,19"3 IC PANY thereto as principal,and his own name as Attorney-in-fact. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,at my office, in said County and State, the day and year in this certificate first above written. : *Tlra Public is for acid County end state /r/ My commission cxpi es. ____--_ _---_____--_----- ____ 360207 - 5-66 �y CERTIFIED COPY OF RESOLUTION OF THE BOARD OF DIRECTORS OF FILPER CORPORATION, A CALIFORNIA CORPORATION, ADOPTED AT MEETING HELD JULY 28, 1969 The undersigned, RON AUSTIN, Secretary of FILPER CORPORA- TION, a California corporation, does hereby certify that at a special meeting of the Board of Directors of said corporation duly and regularly held at its office at San Ramon, California, on July 28, 1969, at which meeting there was at all times present a quorum of members of said Board, the following Resolu- tion was duly adopted: "That the Board agreed to authorize the execution of the following documents with respect to Tracts 3714, 3908 and 3951, Sycamore Units II, III and IV, respec- tively: 1. Final subdivision map. 2. Subdivision agreement and all necessary bonds supporting same. 3. Any other bonds necessary to fulfill County requirements for map filing. 4. State of California, Division of Real Estate Subdivision Questionnaire and Application for Public Report. " Said Resolution has not been amended, modified or rescinded and is now in full force and effect and on record in the Minute Book of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said corporation this 28th day of Ju 19 I do hereby cert;:;that this is a full, ARON AUSTIN, Secretary true and correct ;wry of the original. FILPER CORPORATION Witness my liana:.n3 ofti:;mi seal this :1 ,Nw day of 19�' ZVIOLA M. OLSEN .�� NOTARY PUBLIC-CALIFORNIA COUNTY OF CONTRA COSTA C .. :'y Commission Expires Dec.23.1971 :isilutututtttuttttuwnuuuutntuntuuuum� . SUBDIVISION AGREEMENT (§1) Subdivision: 3714 (§1) Subdivider:F , (B. & P. Code §§1161Z-12) a corporation 1 Effective Date : July 29, 1969 (Contra Costa County (§1) Completion Period: One Year Standard Form; 8-67) (§4) Deposits : A. (cash) 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ 85, 500.00 2. (labor,materials) 86,000.00 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free froE defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429 ; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement , Subdivider shall, pursuant to Bus . & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . B. Bonds, etc . : (t - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit, a certified or cashier' s check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section 2; and if, at any time before the County' s resolution of completion for the subdivision, the improvement plan proves to be inadequate in any respect, Subdivi- der shall make changes necessary to accomplish the work as promised. F L EU T41 gap W. T. PAASCH CLERK COARD CF SUPFRVISCRS C !CLERK . . COUNITYDeputy m 6. No Waiver by County. Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards , commissions, officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters . 8. Costs. Subdivider shall pay when due all the costs of the work, incl—uffing inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements , Subdivider shall pay all reasonable attorneys' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements, the subdivision is annexed to a city, the County may assign to that city the County' s rights under this agreement and/or any deposit or bond securing them. Z2. Record Map. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances. -2- COUNTY OF CONTR4 COSTA SUBDIVIDER: (see note below) By FILPER CORPORATION, a corporation C irman, Board ovsupervisors By ATTEST: W. T. PAASCH, County Clerk (Des a official capacity & ex officio Clerk of the Board in heliae,s G. CFiPresident ByAa4aNote to Subdivider: (Z) Execute Deputy ac now a gment form below; and (2) If a corporation, attach a certified copy of (a) the by- FORM APPROVED: JOHN A. NEJEDLY laws or (b) the resolution of District Attor ey the Board of Directors, authori- zing execution of this contract and of the bonds required hereby. Deputy State of California } ss. (Acknowledgment by Corporation, County of Contra Costa ) Partnership or Individual) On July 29, 1969 , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer antas stated above who signed this instrument, and ac- knowledged to me that he executed it and that the corporation lZs xkU named above executed it. ` �ucnnuucwcccouuncen:ncuucenuci:nmoc� '/ � ` ) • VIOLA M. OLSEN - ,CJ / (alnn// NOTARY PUBLIC-CALIFORNIA " COUNTY OF CONTRA COSTA My Commission Expires Dec.23.1971 = Viola M. Olsen �nrlNwocnucu�ucwc ucu� Notary Public for said County and State (Subdiv. Agrmt. CCC Std. Form) (AP-8; Rev. 8-67; 200) _3_ STATE OF CALIFORNIA � COUNTY OF Contra Costa SS. Oa JU4 �9- 1969 before me,the undersigned,a Notary Public in and for said State, personally appeared G C Filiee known to me to be the President, of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within tunnwawnuttrutewwppowtw instrument pursuant to its by-laws or a resolution of its board 2 VIOLA M. OL.SEN of directors. NOTARY PUBLIC-CALIFORNIA WITNESS my h d and official seal. COUNTY OF CONTRA COSTA My Cemtaission Expires Oec.23.1971 Signat Viola M. Olsen Name (Typed or Printed) Corporation 4W �a o y � � Q) L t IMPROVEMENT SECURITY BOND r — Z •n o (FaithfuZ Performance & Maintenance, AND Labor & MateriaZe) E (CaZif. Bus. & Prof. Code §ZZ6Z2; Contra Costa County Standard Form) Z. OBLIGATION. BOND NO, SC 6164690 Q (PrincipaZ) FILPER CORPORATION as Principal, Tand (Surety) FIREMAN'S FUND INSURANCE COMPANY a corporation `A organized and existing under the laws of the State of CALIFORNIA and authorized to transact surety business in California, as Surety, ere y jointly and severally bind ourselves, our heirs, executors , administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintenance) EIGHTY—FIVE THOUSAND FIVE HUNDRED AND NO/100--------Dollars ($85 500.00 ) for itself or any City-assignee under the below-cited subdivis on contract, plus (B - Labor & Materials) RrC,uTV-_qrx TF?nTTGAT\M AND nm/, nn----------------------Dollars ($86, 000.00 ) for the benefit of persons protected under Cal. Bus. &Prof.Code §11612. 2. RECITALS. The Principal contracted with the County on July 29, 1969 to install and pay for street, drainage, and other improvements in Subdivi- sion No. 3-114 , as per map now being filed with the County's Recorder, and to complete said work within ONE YEAR from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the ,judgment. SIGNED AND SEALED on JULY 29, 1969 PRINCIPAL SURETY • FIREMAN'S FUND INSURANCE IXRIPANY F11ger corporation. A Corporation By �t c,i By ry+ President . a Y State of California ) ss, County of ) (ACKNOWLEDGMENT BY SURETY) On the person(s) whose name(s) is/are signed abode for Surety and who is known to me to be the Attorney(s )-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Surety and his/their own name(s) as its Attorneys)-in-Fact. Notary Public for said County and State "Imp. Sec.Bond, CCC Std.Form) IIP-Z 5;Re v. 8-67; 200) r s { 4x. 1•� ^er 1' "moi::iet r., yy 'M _ STATE OF_._.__G:.itarrl1a ss. n+an1QC3 t COUNTY OF_______.-.,�..._.._ On this 2 4T,1i_._day of_ __.ltB.Y -_ ,in the year 29 69, before me, d2'[?? ni_.?'':;rz-•----_--� ' a NOTARY PUBuc in and for said County and State,personally appeared hlL'L'LtitYL"r'a5•'SSS'4'ti1'ti.""`LS4S'4s'L'L4�4S"ti OFIIC:IAL St-.AL Mary F. McIntosh •�^�' MARGARET 3. DURAN s% known to me to be the person whose name is subscribed to the within instrument as the MARY PUBLIC • CALltudNiA %- Ai AP.9EQA COUNTY Attorney-in-fact of the FIREMAN'S FUND INSURANCE COMPANY,and acknowl- ity COM-;s:;sn Ex"rts May 15,1973 edged to me that he subscribed the name of the FIREMAN'S FUND INSURANCE COM- � '�''�'ti'ti'ti''�'"'''•ti'�'°"`•::'ti`"'`'•"• 'L L'n�+' PANY thereto as principal,and his own name as Attorney-in-fact. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,at my office, in said County and State, the day and year in this u first above written. t' 32'g?T(?i , erg arF Public to � r sa d unty and Stats My c emission 360207 - 5-66 Y S 1 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA May 11 , 1971 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 3715, Danville Area ) Deposit: $500 ) Auditor's Permit No. 661441 ) Dated June 5, 1968 ) Refund to: Bolla Batates ) 3158 Miranda Avenue ) Alamo, California ) On February 17, 1970 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 11th day of Kaj , 1971 cc : Public Works (2) W. T. PAASCH, CLERK Subdivider �1 � Deputy Clerk Mildred 0. Ballard ■ J' .IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain roads as County } RESOLUTION N0. 70/77 roads , Subdivision 3715, } Danvflle Area, Work Order 6732. ) t-IHEREAS the Public I.-dorks Director having notified this Board that improvements have been completed in Subdivision 3715. Danville area, as provided in the agreement heretofore executed by this Board in conjunction oith the filing of the subdivision map; NO1,I9 THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of estab- lishing a terminal period for filing of liens in cane of action under said Subdivision Agreement: Subdivision Date of Agreement Tract 3715, Danville Area June 3, 1968 (Great American Insurance Company - Bond No. 223 64 45) BE IT k'URTHER RESOLVED that the ``500 cash deposit surety oo\ (Auditor's Receipt 'Number 66441 dated June 5, 1968) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Subdivision Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads , having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are and declared to be _ County road* of Contra Costa County; PRINCETON LANE (36/56/0.17) LAUREL DRIVE (widening) as shown and dedicated for public use on the map of Subdivision al1 filed June 120 1968 in Rook 121 of "laps at Page 14# f tial Records of Contra Costa County, State of California. PASSED AND ADOPTED this 17th day of February , 14 7a by the following vote of the Board: AYES: Supervisors J. P. Kennyq J. E. Moriarty, E. A. Linscheid, T. J. Coil. NOES; Ilona. ABSENT: supervisor A. M. Dias. RESOLUTION NO. 70/77 Form 23.3 6/68/200 I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 17th day of February, 1970. W. T. PAASCH, CLERK By Anne IM, Mcsor'rey Deputy Clerk cc: Recorder Public Works Subdivider In the Board of Supervisors of Contra Costa County, State of California May 13 . 196- In the Ab~ of Approval of Subdivision Agreement Extension for Tract 3715, Danville Area. On motion of Supervisor T. J. Coll , seconded by Supervisor J. P. Kenny, IT IS BY THE BOARD ORDERED that the Subdivision Agreement Extension for Tract 3715, Danville area, between Frank Bolla, et al , subdivider, Great American Insurance Company, bondsman, and the County of Contra Costa for an additional period to and including June 3, 1970, is APPROVED. IT IS BY THE BOARD FURTHER ORDERED that Supervisor J. E. Moriarty, .Chairman, is AUTHORIZED to execute said Subdivision Agreement Extension in behalf of the County. The foregoing order was passed by the following vote of the Board: AYES: Supervisors James P. Kenny, Thomas John Coll , • Edmund A. Linscheid, James E. Moriarty. NOES: None. ABSENT: Supervisor Alfred M. Dias. 1 hereby certify that the foregoing is a true and correct copy of an order entand an the mkmo s of said Board of Supervisors on the date aforesaid. cc: Public Works (2) Witness my hand arm!the Seol of the Board of Subdivider Supervisors Planning affixed this 13th day of Mav , 196 W. T. PAASCH, Clerk M" Clerk Mildred 0. Ballard H 24-7/W 10M STATE OF CALIFORNIA COUNTY OF Contra C08ta ss. �. On awls 1969 before me, the undersigned, a Notary Public in and for said State, personally appeared Melba B011aj Shirley Do la P Paul Bol I Frank Bolla known to me to be the person H whose name S are subscribed to the within instrument and acknowledged that they executed the same. VtOt�i M. OLSEN WITNESS my ha d and official seal. = NOTARY PUBLIC-CALIFORNIALSEN �22. 2,62.2 2 COUNTY OF CONTRA COSTA Signature f Q�� t my Commission Expires Dec 23.l4JL ttMlltilSftiplftt�� VLOla M. Olsen Name (Typed or Printed) ftm rst -General 4W i A SUBDIVISION AGP,EI:MENT EXTENSION Contra Costa Subdivision Number 3715 Name FRANK BOLLA, PAUL BOLLA, MELBA BOLLA & SHIRLEY BOLLA (Original) Agreement Date: June 3, 1968 Surety Name GREAT AMERICAN INSURANCE.COMPANY Bond No. 223 64 45 Amount $18,600.00 I&M and $19,100.00 FP Date June 3, 1968 Extension New Termination Date: June 3, 1970 This Subdivider and his Surety desire that this subdi- vision agreement be extended through the above date; and Contra Costa County and the Surety hereby agree thereto, and acknowledge same. L D //7 c FOJA Dated: CONTRA COSTA COgNTY Subdivider GRE1 T= ICAN- CE COMPANY' By -- z:.rman, Board f Su:ervisors % WALTER F. MERKLE,ATTORNEY-IN- A8i7re ty ATTEST: W,i'. :L-iSCh, County Clerk & ex officio Clerk of the Board HYG � Deputy - HP-10-(Rev. 6-67) (Subdivision Agreement Extension) STATE OF CALIFORNIA ss. County of AT,AMEDA On this 25th day of April , in the year 1969 , before me, ROSE GONZALES a Notary Public in and for said state, personally appeared WALTER F. MERKLE , known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the Great American Insurance Company, and acknowledged to me that he subscribed the na -e 'f the Grea' American In- surance Compaay,;Rhereto.at>d=hisrowa name as Attorney-in-Fact. f �/ j � ` ;:'_ ;,i ;i iY, C:,UF. Notary Rublic in an or said tate Ati{itli><923$"2i1�'+SiBl;titSiii:.iii:f[i3:Li IIiiiP"! _ � My Commission expires ?5 i56� unSE GC,'tR(1-,F�C S959A 12-66(CALIFORNIA ACKNOWLEDGEMENT FORM) In the Board of Supervisors of Contra Costa County, State of California April 24 , 196 In the Matter of Exoneration of Tax Bonds on Tracts Nos. 3653, 3715, 3764 and 3777• The Office of the County Tax Collector (Redemption Depart- ment) having advised that county taxes for the fiscal year 1968-1969 on properties included in Tracts Nos. 3653, 3715, 3764 and 3777 have been paid in full, and said office having requested that the tax bonds filed with this office guaranteeing payment of the 1968-1969 tax liens on each of the said tracts be exonerated as follows: Tract Yio. 3653, Byron area - Tax Bond No. SM 6161567 in the amount of $10,000 issued by The American Insur- ance Company, with Bixland Corporation and Plywood Corporation as principal; Tract No. 3715, Danville area - Tax Bond No. 223 64 47 in the amount of $3,300 issued by Great American Insur- ance Company, with Frank Bolla, Melba Bolla, Paul Bolla and Shirley Bolla as principal; Tract No. 3764, City of Antioch - Tax Bond No. SC 6161441 in the amount of $6,500 isaued by Fireman's Fund Insurance Company, with Garrow & Vetrano, Inc. as principal; and Tract No. 3777, City of Concord - Tax 3ond No. B-553844 in the amount of $1,150 issued by United Pacific Insur- ance Company, with Key Development Co. as principal; NOW, THEREFORE, on motion of Supervisor A. M. Dias, seconded by Supervisor J. P. Kenny, IT IS BY THE BOARD ORDERED that the bonds as set forth above be and the same are hereby EXONERATED. The foregoing order was passed by the following vote: AYES: Supervisors J. P. Kenny, A. M. Dies, T. J. Coll, E. A. Linscheid, J. E. Moriarty. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Tax Collector Witness my hand and the Seal of the Board of Redemption Department Supervisors Bonding Companies affixed ;his 29th day of April . 196 c W. T. PAASCH, Clerk By Deputy Clerk Dorothy Lazzarini H 24-7/68-IOM : r ti Great American Insurance COMPANI) SAN FRANCISCO REGIONAL OFFICE April 24, 1969 ONE MARITIME PLAZA GOLDEN GATEWAY CENTER SAN FRANCISCO. CALIFORNIA 94126 • Board of Supervisors County of Contra Costa County Courthouse Martinez, California Re: Bond No. 2236447 Frank Bolla, Melba Bolla, Paul Bolla and Shirley Bolla $3,300 Subdivision Tax Bond Tract No. 3715 Gentlemen.: The above bond was executed by the Great American June 3, 1968, guaranteeing the payment of taxes and special assessments in relation to Tract No. 3715 for the fiscal year of 1968 to 1969. Would you please check your records and advise if these taxes have been paid by this date and our bond may now be exonerated. Thanks for your assistance, and enclosed is a return envelope for your convenience. Yours truly, ennith R. Huckabay Bond Underwriter RECEIVED a1c . APR 2 . 1999 . i W. T. P A A S C H CLERK BOARD OF SUPERVISORS N A COST CO. / - By Deputy IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Flatter of Approval ) of Subdivision Map of ) 68!381 Tract 37159 Danville Area. j RESOLUTION N0. WEEMS a map entitled Tract 3715 , property located in the Danville area , having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on t e property included in the map and that the Current 1967-19tae liset has been paid in map and the 1968-1969 tax lien, which became a lien on the first of Meareh, 19689 is estimated to be #3.300; ani Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4, Title 8, of the County Ordinance Code; Surety Bonds issued by Great American Insurance Company smith Frank Bolla, et al as principal, as fellows: Band No, 223 64 45 in the mount or $18,600 for faithful Performance, and $19.100 for Labor and Materials to guarantee completion of road and street improvements. $500 eash deposit (Auditor's Receipt No. 66441 dates June 59 1968)1 Tax Bond (No. 223 64 47) in the amount of $3.300 guaran- teeing payment of estimated 1968-1969 tam. Inspection fee of $19295. Subdivision agreement between Frank Bollas et al 3158 Miranda Road. Alamo, C al i toss as subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete road and street improvements, etc., in said subdivision within one year from the date of said agreement; (Jams 19691 RESOLUTION NO. 68/381 Form #23 NOW, THEREFORE, BE IT RESOLVED that said bond *Md and the amounts thereof be and the same are hereby BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the n1ee Chairman of this Board is authorized to execute said agreemen . BE IT FURTHER RESOLVED that said ma he same is hereby APPROVED and this Board does not accep on9 � of tike publi c � or the streetso readsg avenues g or easements chew hereon as dedleated to public use. PASSED AND ADOPTED this11th day of June , 196.1* , by the following vote of the Board: AYES: Superlsore Jame+ Pe gem, James Be XoriartW# Thwas John Coll, Bmund A. Linseheid. NOES: Bone. ABSENT: supervisor Alfred X. Dias. cc: Public Works (3) Subdivider CERTIFIED COPY I certify that this is a full, true & correct copy of the original door=.Ecnt ,�'.�:^ is on fii^ i� my office, ars that it Baaz•J of county Licrit E_c::o Ci,io c.cri:of said Bo'd of Supervisors, by deputy clerk. on RESOLUTION NO. 68/381 Form #23, Pg. 2 SUBDIVISION AGREEMENT (§1) Subdivision: SUBDIVISION 3715 (B. & P. Code §§ZZ6ZZ-Z2) (§1) Subdivider:FRAFB BOLLA PA B , MELBA BOLLA SH 1 Effective Date : -1.1 1968 (Contra Costa County (§1) Completion Period: ONE YFAR Standard Form; 8-67) (§4) Deposits : A. (cash) 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ 18,600.00 2. (labor,materials) , Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs , fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement , Subdivider shall, pursuant to Bus. & Profs . Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (t - FaithfuZ Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section 2; and if, at any time before the County' s resolution of completion for the subdivision, the improvement plan proves to be inadequate in any respect, Subdivi- der shall make changes necessary to accomplish the work as promised. FILED -1- JUi! 1 1c;�? W. T. PAMH CUM MW MW a arr�/esM 7��k�4=��C:Ld.eS.-O�aty i7 6. No Waiver by County. Inspection of the work and/or materials, or approval or work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement , or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards , commissions, officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 8. Costs. Subdivider shall pay when due all the costs of the work, inclu�•ing inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements , Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. It. Assignment. If before County accepts these improvements, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. Z2. Record Map. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances. -2- I�? {{tt� • STATE OF CALIFORNIA COUNTY OF Contra Costa SS' On June 3.* 1968 before me, the undersigned, a Notary Public in and for said State. personally appeared _Frank Bolla. Paul Balla- ft1b&b& Bal tn_ alnd Shirley Bola known to me to be the person 8 whose name 8 are subscribed {74tltlfttlt!!!tt!l:17S:4L7:t7i777t!tStt:274NN/tftNtli4� to the within instrument and acknowledged thatthey — + rxecuted the same. — �'• VIOLM M. OLSEN S WITNESS my han and official seal. i:OT,ARY PUBLIC-CALIFORMA COUNTY OF CONTRA COSTA SignatMy C=nisswn Expires Der-23.19713.1971 ure �" OtNtuatNNttNtNtlMNNNttitN viola X. Olsen Name (Typed or Printed) t«+ut -Genera " x� SUBDIVIDER f /VV Fftnk Balla Melba a COUNTY OF CONTRA COSTA (� By Vice 6Kairman, Boardot7f Supervisors Paul Bolla By ATTEST: W. T. PAASCH, County Clerk (Designate official capacity & ex officio Clerk of the Board in the business) ByNote to Subdivider: (Z) Execute Deputy ac now a gment form beZow; and (2) If a corporation, attach a certified copy of (a) the by- FORM APPROVED: JOHN A. NEJEDLY laws or (b) the resolution of District Attorney the Board of Directors, authori- zing execution of this contract By ;� - and of the bonds required hereby. Deputy State of California ) ss. (Acknowledgment by Corporation, County of ) Partnership or Individual) On , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and ac- knowledged to me that he executed it and that the corporation or partner- ship named above executed it. Notary Public for said County and 3t.a.te ' (Subdiv. Agrmt. GCC Std. Form) (HP-9; Rev. 8-57; 200) _3_ PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ, CALIFORNIA 94553 R. D. BROATCH TELEPHONE 22.3000 DEPUTY PUBLIC WORKS DIRECTOR June 10, 1968 Subdivision 3715 Honorable Board of Supervisors Administration Building Martinez, California Gentlsment There is submitted for your approval the map of Subdivision 3715 in Super— visorial District III in the Danville area. Accompanying this map and pertaining thereto are the following documental 1. Subdivision Agreement. Expiration date of one year time limit for completion is June 3, 1969. 2. A Surety Bond in the amount of 118,600 and a $500 cash deposit (Auditor's Receipt No. 66441 dated June 59 1968) which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond in the amount of $19,100. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1969 tax, which became a lien on the first Monday of March, 1968 is estimated to be :3,300. 5. Tax Bond in the amount of :3,300 guaranteeing payment of estimated 1969 tax. The map is submitted for filing by the Financial Title Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAU Public Work Director By V. L. Cline Assistant Public Works Director JPtsm Highway Planning cc: Title Company Planning Department Construction Division I STATE OF CALIFORNIA COUNTY OF Contra Costa `S On June 3_„ 1968 before me. the undersigned, a Notary Public in and for said State. nal peered �k Bolla, Paul B611a M61ba Balla anA�h�'rAey B011a known to me to be the persons whose name s Bre subscribed to the within instrument and acknowledged that thel �tnuntts7f7ent:u::a77sntt:antmuuutttttstN� execute d the same. - VIOLA M. OLSEN WITNESS m a d and ofbcial seal. z _9 ' HGTARY PUBLIC-CALIFORNIA COUNTY OF CONTRA COSTA 2 h;y Catr.:aission Expires Dec-23.1971 Signator D err viola M. Olsen Name (Typed or Printed) t.n.951 -General `k emium charged for this and Bond No. 223 65 is the sTm of7,G W,;Wj1ENT SECURITY BOND (FaithfuZ Performance & Maintenance, AND Labor & Materials) (CaZif. Bus. & Prof. Code §ZZ6Z2; Contra Costa County Standard Forth) Z. OBLIGATION. (Princ2pa1) FRANK BOLLA, MELBA BOLLA, PAUL BOLLA AND SHIRLEY BOLLA as Principal, and (Surety! rRFam AWMTr.AN INS7.TR4NrF MWPAW a corporation organized and existing under the laws of the State of NEW YORK and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs , executors , administrators, successors and assigns to the County of Contra Costa, California, to pay it : (A - Faithful Performance, & Maintenance) _Tr,HTF'F.N Txo ISANn STX Ii MEM AND N01100ths - - - - - - - - Dollars ($ 18 600.00- - - ) for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials) NTNHnj" EN THaUSAND ONE WMRED AND N01100ths - - - - - - - - Dollars ($1 100.00- for the benefit of persons protected under Cal. Bus. &Prof.Code §11612. 2. RECITALS. The Principal contracted with the County on June 3, 1968 to install and pay for street, drainage, and other improvements in Subdivi- sion No. 3715 , as per map now being filed with the County's Recorder, and to complete said work within from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according- to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the ,judgment. SIGNED AND SEALED on June 3, 1968 PRINCI L SURETY ,4 `t� gFZgArMIC X�SUP,ANCE COMPANY Frank Bo a Bol a4LrDa y Paul Bolla iy olla WALTER F. , ORNEY-IN-FACT State of California ) ss. County of ALAMEDA ) (ACKNOWLEDGMENT BY SURETY) On June 3, 1968 , the persons) whose name(s) is/are signed above for Surety and who is known to me to be the Attorney(s )-in-Fact for this Corporate Surety, personally appeared before mend acknow Odged to me that he/they signed the name of the Corporation as S rety and tis heir own name(s) T NOTARY '-UB! ALA'.1EDA COUNTY. CA-I=. [[uUccuu[:::c:'c:zumcc:c[czc:uu:n:ctar i'---n Expiios octatoef 25, ,goy Notary Public for said County and State (Imp. Sec. Bond, CCC Std.Fortr,) (HP-15;Rev. 8-67; 200) EMMETT HITCHCOCK LORRAINE K. PLANZ COUNTY TREASURER-TAX COLLECTOR PRINCIPAL CLERK TAX COLLECTOR'S OFFICE PHONE 225.7000 EXT. 385 .357 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA FIRST INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF NOVEM{ER ON THE TENTH DAY OF APRIL SECOND INSTALLMENT OF TAX[{ {[GOND I HENT Of TAXES DUE AND PAYABLE 1y ' 9� DELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF DECEMBER This will certify that I have examined the map of the proposed subdivision entitled: TRACT N0, 3715 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1%740 tax lien has been paid in full. Our estimate of the i 96g-Ag tax lien, which became a lien on the first Monday of March ,, 1968 is $3,300,00--. ES ETT HITCHCOCK Redemption Offic /,By: dl STATE OF CALIFORNIA COUNTY OF Contra COrsts SS. On dune 3 1968 oa s m�su�nVy g a N� aiiBofa or aid Stats, rnlMipad s a known to we to be the person B whose name 8 a—"e subscribed R11t^trtltUtIII gall .2n,1atlatlIISLr111tItu11t11111n to the within instrument and acknowledged that ,� �rtV�� C executed the same.l w 9 t�OTAR ff PUBLIC-UCALIFORNIA WITNESS my had and official seal, COUNTY OF CONTRA COSTA �QQ�1 Signature MY C-.•••lis :Expiles DM23.1471 �iQ"(-R/ ' � Viols K. Olsen Name (Typed or Printed) qe.»1 -General STATE OF CALIFORNLIt ss. County of AT-A=A On this 3rd day of May , in the year lg68 before me, ROSE GONZALES a Notary Public in and for said state, personally appeared- - WALTER F. NOWLE , known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the Great American Insurance Company, and acknowledged to me that he subscribed the name of the Gr rican In- ut1AWfiiF.C9ipPl451YxtiM1 and his own name as Attorney-in-Fact. ROSE GOi1ZALES L�✓t' NOTARY PUBLIC / AUJAEDA COUNTY.CALIF. vot Yub is in an /or said tate lQ7LSUiilitt[j11LtFl77Si1aIII tiltlli0lU� My Commission expires MyCommi&Sion October 25, 2969 ROSE GONZALES - 'It-96(CALIFORNIA ACKNOWLEDGEMENT FORM) °a =a "fie..?5 • A Ojjarged for this Tonin z the sum of _3 2'= < - Bond No. 223 64 47 BOND AGAINST TAXES XWW ALL MEN BY THESE PRESENTS: BOLLA THAT FRAM BOLLA, MELBA BOLLA, PAUL BOLLA AVID SHIRLEY/ as principal GREAT AMERICAN INSURANCE COMPANY and ONE MARITIME PLAZA,GOLDEN GATEWAY CENTER and as sureties are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of THREE THOUSAND TMW HMRED AND NO/100ths - - - - - - - - - - - - _:._- DOLLARS ($,3,300.0�i) to be paid to the said County of Contra Costa, for the payment of which we and each of us bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. Sealed with our seals and dated this 3rd day of June 19 68 The conditions of the above obligation are such that WHEREAS, the above bounded principal is about to file a Map entitled NO. 1715 and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said Tract of land covered by said Map, which taxes and special assesssents collected as taxes, are not as yet due or payable. BOLLA Now, therefore, if the said FRANK BOLLA, MELBA BOLLA, PAUL BOLLA Alm SHIRLEY/ shall pay all of the taxes and special assessments collect;d as taxes which are a lien against said tract of land covered by said Map at the time of the filing of said Map of said Tract, then this obligation shall be void and of no effect. Otherwise it shall re- main in full force and effect. _ Frank Bolla Principal Shirley to a P�ncipal Cic� GREAT AMERICAN caret I1V COMPANY --- - ----- Melba Bolla Principal ` y N14, 0 BY / r Paul Bolla Principal '-WAVM F. MEFME urety ATTORNEY-IN-FACT STATE OF CALIFORNIA ) ss, COUNTY OF IlOO��I ALAMEDA and Sureties named in the foregoing bond, being duly sworn, each for himself says: That he is a freeholder and resident within said State and is worth the said sum of DOLLARS, over and above all His debts and liabilities, exclusive of property exempt from execution. Subscribed and sworn to before me this day of 19 m IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA February 2 197j— In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 3717 , Concord Area:, ) } Deposit: $500 ) Auditor's Permit No. 65964 ) Dated May 13, 1968 ) Refund to: Wilke Realty Company ) 4670 Clayton Road } Concord, California . ) On December 2",, 1969_ this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this 'period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. Location: On the northwest side of West Street approximately 600 feet southwest of Concord Boulevard. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 2nd day of February , 197 1 cc : Public Works (2 W. T. PAASCH, CLERK ) � Subdivider ,� By ,(1 �- .,.Deputy Clerk Ruth B. Donovan IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion of ) Improvements and Declaring a ) Certain Road as a County Road, ) Subdivi s ion 3717, Concord Area, ) RESOLUTION N0. 69/817 Work Order 6727 ) WHEREAS on May 69 1968 the City Council of the City of Concord requested the Board of Supervisors to authorize the City of Concord to inspect any improvements in Subdivision 3717 and to col- lect and retain all applicable fees therewith pending annexation of said subdivision to the City and their acceptance of the streets; and WHEREAS the Public Works Director has advised that on the same day he was notified by the City Director of Public Works that the Final Map was in accordance with the approved Tentative Map and that the imvrovements would be constructed in accordance with the City standard specifications, and with this understanding the City was authorized to inspect the work and collect the tees; and WHEREAS on May 21, 1968 the Board approved the Final Map and authorized its Chairman to execute a subdivision agreement, which stated the improvement plans were on file with the City of Concord; and WHEREAS the Public Works Director advises that he was recently notified by the City that the street improvements had been completed but that the annexation was never consummated and, there- fore, the City could not accept the streets but did recommend accep- tance of the Work as complete; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of estab- lishing a terminal period for filing of liens in case of action under said agreement: Subdivision Date of Agreement Tract 3717, Concord area May 89 1968 (United Pacific Insurance Company - Bond No. B 553843) BE IT FURTHER RESOLVED that the $500 cash deposit as surety under the subdivision agreement, evidenced by Auditor' s Permit No. 65964 dated May 13, 1968, is to be RETAINED for one year in accordance with Section 8429 of the Ordinance Code of Contra Costa County. BE IT FURTHER RESOLVED that the WIDENING OF WEST STREET, as shown and dedicated for public use on the map of Subdivision 3717 filed May 22, 1968 in Book 120 of Maps at Page 49, Official Records RESOLUTION NO. 69/817 0 of Contra Costa County, State of California, be and the same is ACCEPTED and DECLARED to be a County road of Contra Costa County. Greentree Drive, the new street, was not constructed in accordance with the alignment shown on the approved Tentative Map or in accordance with City of Concord minimum public street Stan- dards and therefore cannot be accepted by the County. PASSED AND ADOPTED this 2nd day of December, 1969 by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, T. J. Coll, E. A. Linscheid, J. E. Moriarty. NOES: None. ABSENT: None. cc: Recorder Director of Public Works City of Concord County Public Works (2) Subdivider C-EP'rIFIED COPY t certify that this is a full, true & correct copy of the original document it-hich is on file in my nd that it a as gassed office, ' k- adopted by the Board of ��Ferti isors of Contra ::o--ta County, n e date shorn. ATTEST: W. '^ California,' : county 1erl{&es-officio clerk of said Board of Supervisors, 5y deputy clerk --- on _ C1r RESOLUTION 10. 69/817 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 3717, Concord Area. ) RESOLUTION NO. 68/329 WHEREAS a map entitled Tract 3717 , property located in the Concord area , having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1967-1968 tax lien has been paid in full, and estimate of the 1968-1969 tax lien, which became a lien on the first Monday of March, 1968, is $600; and Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4, Title 89 of the County Ordinance Code; Surety bonds issued by United Pacific Insurance Company with Wilke Realty, Inc. as Principal, as follows: No. B 553843 in the amount of $49200 for Faithful Per. formance, and $4,700 for Labor and Materials; $ 00 cash deposit l Auditor's Receipt No. 65964 dated May 139 1968) ; and X600 cash deposit (Auditor's Receipt No. 65844 dated May 69 1968 ) covering 1968-1969 estimated tax lien; Inspection fee and lighting fee have been collected by the City of Concord from the Developer. The City of Concord will Inspect the improvement work; Subdivision agreement between Wilke Realty, Inc. , 4670 Clayton Road, Concord, California, subdivider and the County of Contra Costa, wherein -:,iid sub- divider agrees to complete road and stree'06J improvements, etc., in said subdivision within one year from the date of said agreement; RESOLUTION NO. 68/329 Form #23 N01d, THEREFORE, BE IT RESOLVED that said bonds and deposits and the amount_ thereof be and the same are hereby APPROVED. BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said mahe same is p hereby APPROVED and this Board does not accept/$f MVM of the public any of the streets, roads, avenues, or easements shown thereon an dedicated to public use. PASSED AND ADOPTED this 21st day of I'l y► , 196.1# by the following vote of the Board: —'� AYES: :rper lz-ors Jame^ P. Kenny, Janes E. Morlartys Thni:,ns John Coll, Edaund A. Linroheid, Alfred N. Dias. NOES: :v one. ABSENT: Ione. to: Public Works (3) Highway Planning Subdivider CEPTIFIED COPY I certify that this is a full, true & correct copy Of the original do^i:mert is on file in nv office, `.,af, " 'c jn--t(ti js•' `h^ board of and t i. ;t . . - Supervi n,•ti of Con-- ::t-: :'r,'. '`.Y, California, on t_he date =- '. T. -1A`_CH, county clerk&e>:-of_`i._o clerk of said Board of Supervisors, byy deputy clerkk.� on RESOLUTION NO. 68/329 Form #23, Pg. 2 I June 3, 1968 Public Works Director City of Concord 1900 Parkside Avenue Concord, California 94520 Gentlemen: Enclosed is a copy of Resolution No.. 68329 adopted by the Board of Supervisors on May 219 19689 approving the final map of Subdivision 3717 and the subdivision agreement between Wilke Realty, Inc.* 4670 Clayton Road, Concord, California, subdivider, and the County of Contra Costa. We are also enclosing a copy of a report from the County Public Works Director pertaining to the same matter. Very truly yours, W. T. PAASCHO CLERK By ]Eno M. Morley ey Deputy Clerk am cc : City Clerk Enclosures Report Ba CITY OF CONCORD REQUEST TO COLLECT FEES AND INSPECT IWROVEXDM Iii SUBDIVISION 3717 r Concord area The Boardm on May 14, 1968, referred to the Public Works Director for report a request from the City of Cesmord to allow the Ciry to collact all � fess and inspect the Improvements in Subd1v1*1on 37179 which is about to be annexed to the City,. Tnis procedure teas been used in the past, On M-sy 2l, 1968 an f t,am was Include-' on the Public Warks D gmrtmwnt agenda requesting Berard approval of they l incl map of subject subdivisian and ex,scstion of the subdivision agreemnts and advising the Board that the City had collected all fesso The s&p Was approved and the agrersent exe"tedo No action necessary. Clark of tho Board to send a copy of the Bedard e+ction of Msy 219 1968 approving the asap and executing the agreement to the Public Works Director@ City of Concordo (Hp) �r� SUBDIVISION AGREEMENT (§l) Subdivision: 3 717 (§l) Subdivider: (B. & P. Code §§11611-12) -Lj;Lk_c 'ke-�tL, (51) Effective Date: A4A� V (Contra Costa County (§l) Completion Peri�6 + _r I !4L-49- Standard Form; 8-67) (§4) Deposits: A. (cash) $500. 4 B. (bonds, etc. ) 1. (faitbful perf. & maintenance) $ 42,00--1 2. (labor,materials)$ Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "CountZll., and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs , fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the I KAiXiWAKXX_ City of Concord 's Public Works Department and said plans were approved by the City of Concord. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following), in a good workmanlike manner, in accor- dance with accepted construction practices and In a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there Is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free ?Fom, defects and will perform satisfactorily In accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, u divider shall., pursuant to Bus. & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . . B. Bonds, etc..: (I - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance; plus s (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors , and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warranty_. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section 2; and if, at any time before the County's resolution of completion for the subdivision, the improvement plan proves to be inadequate in any respect, Subdivi- der shall make changes necessary to accomplish the work as promised. F ' L E D -1- IL ��AYI 1968 1 W. T. PAASCH I -Q N r.PIA_ 'r CT 6. No Waiver by County. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement , or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards, commissions, officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters . 6. Costs. Subdivider shall pay when due all the costs of the work, includTng inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. ZZ. Assi nment. If before County accepts these improvements, the subdivision is annexed to a city, the County may assign to that city the County' s rights under this agreement and/or any deposit or bond securing them. Z2. Record Map. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances. -2- COUNT OF CON SUBDIVIDER: (see note below) By `L k&-4L Cha 7 n, oard ervisors I By I& ATTEST: W. T. PAASCH, County Clerk (DeaignpfelofficiaZ cap city & ex officio Clerk of the Board in th siness) By%/� _ Note to Subdivider: (Z) Execute Deputy ac nom a gment form below; and (2) If a corporation, attach a certified copy of (a) the by- FORM APPROVED: JOHN A. NEJEDLY laws or (b) the resolution of District Atto ley the Board of Directors, authori- zing execution of this contract By and of the bonds required hereby. Deputy State of California ) ss. (AcknowZedgment by Corporation, County of Contra Costa ) Partnership or Individual) On May 8, 1968 , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and ac- knowledged to me that he executed it and that the corporation or partner- ship named above executed it . • A. Lambert i Notary Public 0 • Contra Costa County • i••••••••i iiiiiilifiiiii• A • Lambert Notary Public for said County and _,State (Subdiv. Agrmt. CCC Std. Form) gjF_pfres SOL 13, 197, (HP-9; Rev. 8-6?; 200) -3_ PUBLIC WORKS DEPARTMENT VICTOR W. SAVER CONTRA COSTA COUNTY F. R. BROWN - PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR, ADMINISTRATION BUILDING MARTINEZ, CALIFORNIA 94553 R. D. BROATCH TELEPHONE z2a•3o00 DEPUTY PUBLIC WORKS DIRECTOR May 16, 1968 Subdivision 3717 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3717 in Supervisorial District IV in the Concord area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is may 21, 1968. 2. A Surety Bond in the amount of $4,200 and a $500 cash deposit (Auditor's Receipt No. 65964 dated Play 13, 1968 which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond in the amount of 54700. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1969 tax, which became a lien on the first Monday of march, 1968 is estimated to be 5600. 5. Tax Deposit Permit in the amount of $600 from the Office of County Auditor- Controller showing payment of estimated 1969 tax. The map is submitted for filing by the Western Title Guaranty Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR LW. SAU Public !fork Di ecto By j V. L. Cline Assistant Public 'Works Director Highway Planning JP:sm cc: Title Company Planning Department Construction Division In the Board of Supervisors of Contra Costa County, State of California May 14 1 8 In the Matter of Request from City of Concord for permission to inspect improve- ments to be installed in Forest Manor (Tract 3717) and to collect and retain fees in connection therewith. This Board having received from the City of Concord a resolution requesting Board authorization for the City to inspect any improvements to be installed in Forest Manor (Tract 3717) and to collect and retain fees in connection therewith, pending annexation of the tract to the City; and Mr. Cosmo D. Tedeschi, City Director of Public Works , having indicated by letter to the County Public Works Department that all bonds, deposits, fees, etc. , required by Contra Costa County would be submitted by the developer, lelr. Conrad Wilke; that improvements would be installed in accordance with City stand- ard specifications and would be accepted into the City system for continuous maintenance and the street lighting system and power costs thereof would be accepted into the system when in service; and On motion of Supervisor T. J. Coll, seconded by Supervisor E. A. Linscheid, IT TS BY fiIFER B,'?ARD ORDERED that this matter is REFERRED to the County Director of Public Works for report to the Board. The foregoing order was passed by the following vote of the Board: AYES: Supervisors James P. Kenny, James E. Moriarty, Thomas John Coll, Edmund A. Linscheid, Alfred M. Dias. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors cc: Public Works Director (2) affixed :his 11Lthday of May , 196 8 Building Inspection W. T. PAASCH, Clerk District Attorney (2) B C^ �� ,/17A�C'u/I Administrator Y ' Deputy Clerk H24-3/68-10tH Anne 14f. 14cSorle w i May 6, 1968 Contra Costa County Public Works Department Highway Planning Division Administration Building Martinez, California Re: Forest Manor Subdivision Attn: Mr. Vern Cline (Tract 3717) Gentlemen: Due to pending iminent annexation to the City of Concord of the unincor- porated island in the vicinity of Test Street and Wilson Lane, the City r has requested and received building permit issuance, fee and inspection jurisdiction from Contra Costa County Board of Supervisors in the subject Tract No. 3717. We also desire to have jurisdiction for construction im- provements to be installed within the public rights of way. The final map for Tract No. 3717 has been checked by our staff and is in accordance with the Subdivision Map Act and also in accordance with the tentative map approved July 18, 1967. Thejimprovements will be installed in accordance with the City of Concord standard specifications and, when satisfactorily completed will be accepted into the city systems for con- tinuous maintenance. The city will also accept the street lighting sys- tem and parer costs thereof into its system, when in service. All bonds, deposits, fees, etc., required by Contra Costa County will be submitted by the developer, Mr. Conrad Wilke. Any questions regarding this matter may be directed to the undersigned. Yrs very rul . Cosmo D. Tedes Director of Public Works LGH:jh RECEIVED cc: Mr. Conrad Wilke L- Riffe, Shipherd $ Jones W. T. AASCH CLERPNA F SUPE RS By eputy J �� opy; BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD i 11 is COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA �i 1 in the Matter of Requesting Authority from the County Board of Supervisors to i 2 Permit City of Concord to inspect Improvements to be installed in Forest i 3 ; Manor (Tract 3717) and to Collect and RESOLUTION NO. 3464 di Retain Fees in Connection Therewith. J ' 4 7 1; i ; 5 WHEREAS, the City of Concord is desirous of exercising jurisdiction over } i Q I' the improvements to be made in Forest Manor, Tract 3717, which subdivision f 7 covers real property located in unincorporated territory; and 8 '; WHEREAS, proceedings to annex such real property are presently underway I 9 by the City and it is anticipated that annexation to the City of Concord will i :r 10 1 take place within the near future; and i 11 WHEREAS, in order to enable the City of Concord to inspect improvements . i 12 in the said subdivision and to collect and retain any fees in connection I 13 } therewith, pending annexation to the City, it is necessary that the Contra i �I 14 j! Costa County Board of Supervisors formally approve the City's request. 15 WHEREAS, faithful performance and labor and materiais bonds, each in the r: 16 s estimated amount of construction costs of improvements, will be submitted to ,f { 17 ? Contra Costa County and appropriate agreements entered into with Contra Costa 18 (( County; and 11 19 11 WHEREAS, the City of Concord agrees to accept maintainance of right of 20 i; way improvements in Forest Manor, Tract 3717, upon completion of such im- 21 + provements. 22 !� NOW, THEREFORE, BE IT RESOLVED that the Contra Costa County Board of 23 Supervisors be, and it is hereby, requested to authorize the City of Concord j 24 to inspect any improvements to be installed in Forest Manor, Tract 3717, and ! { 25 to collect and retain any applicable fees in connection therewith pending s 26 annexation of the said subdivision to the City of Concord. i 27 �j PASSED AND ADOPTED on May 6, 19068, by the following vote: j ,I 28 AYES: Councilmen - L. Azevedo, D. Boatwright, D. Helix, G.Krueger, W.Boggess 29 �i f NOES: Councilmen - None f 30 f ABSENT: Councilmen - None 31 r 32 r_........ {� 1� i�t i i 1 1 ( 1 HEREBY CERTIFY that the foregoing is a true and correct copy of_a 2 1 resolution passed and adopted by the City Council of the City of Concorde �i 3 �j at an adjourned meeting of the City Council held on May 6, 1968. f 4 {,{� i' 5 �! �i 6 ANNA M. BROWN, City Clerk (SEAL) 7 � r 8 f 9 ( z i = 10 f Y f 12 13 F 14 15 r 16 !` i 17 18 I � 19 i 20 �s 21 22 23 24 1 25 - _ 26 27 } 28 29 30 31 32 -2- ii : STATE OF CALIFORNIA County of Contra Costa ss. County in which acknowledgement is token On M3Y 8, 1 of; before me. Tnrn Pri. a Notary Public,in and for said* Write or type name of notary County and State,personally appeared Conrad J. Wilke known to me to be President of the corporation that executed the within instrument and also known to me to be the person who executed it on behalf of such corporation and acknowledged to me that such corporation executed the within instrument pursuant to its¢y-taws or a resolution of its board of directors. A. Lambert �' .j,. tr✓�s�tc-t�G • Notary Public * *If notary is commissioned in another Coun In addition to signature type or print name of notary strike"said"and name County. Contra Costa County • Notary Pub Mate of California e ja mb e r t �0o FxP)res Sept 13,1971 (Corporation Grantor) a State of California County of Contra Costa ss: On_ MU '8. 196-E before me, the undersigned, a Notary Public in and for said County, personally appeared George H. Krueger known to me to be the person whose name is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that—he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h is own name as Attorney-in-Fact. ............................ OFFICIAL SEAL ANIN KRUEGER NOTARY PUBLIC•CALIFORNIA '��• PRINCIPAL OFFICE IN CON RA COSTA COUNTY y„Commission expiresMEW 21 19-62 , Notary Public in and for said County B-2004 California - Jurat (Attomey.in-Fact Acknowledgment) Rev. 1-65 Bond No. B 553843 IMPROVEMENT SECURITY BOND Premium $T1.00 (Faithful Performance & Maintenance, AND Labor & Materials) (Calif. Bus. & Prof. Code §ZZ612; Contra Costa County Standard Form) Z. OBLIGATION. (Principal) WILKE REALTY, INC. as Principal, and rsurefy) UNITED PACIFIC INSURANCE COMPANY a corporation organized and existing under the laws of the State of WASHINGTON and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs , executors, administrators, successors and assigns to the County of Contra Costa, Californias to pay it: (A - Faithful Performance, & Maintenance) Four Thousand Two Hundred and no/100 Dollars ($ 49200*-0 for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials) 1'" Four Thousand seven Hundred and no/l0^ .Dollars {$ 49TOO-00 for the benefit of persons protected under Cal. Bus. &Prof.Code §11612. 2. RECITALS. The Principal contracted with the County on May 14# 1968 to install and pay for street, drainage, and other improvements in Subdivi- sion No. 3711 , as per map now being filed with the County's Recorder, and to complete said work within one year from said date, all In accordance with State and- local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full. , force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent Is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included In the judgment. .SIGNED AND SEALED on may a 1968 PRINCIPAL SURETY V WILKE RE TY INC. UITIT;V-�AqKFIC FESURANCE COMPANY Bye c By Geor'ge',R. lChnger AiXorney In f (A(I* State of California ss. County of (ACKNOWLEDGMENT BY SURETY). On the person(s) -,-:hose name(s) is/are signed above - t for Surety and who is known tc me to be the Attorney{s}-in-Fac for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Surety and his/their own name(s) as its Attorneys)-in-Fact . Notary Public for said County and state (Imp. Sec. Band,CCC Std.Form) (HP-15;Re v. 8-6?;'200) • EMMETT HITCHCOCK LORRAINE K:PLANZ R COUNTY TREASURER-TAX COLLECTOR _ _ PRINCIPAL-CLERK TAX COLLECTOR'S OFFICE _ PHONE 226.3000 EXT. 383.386.367 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXER MARTINEZ. CALIFORNIA FIRST INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF NOVEMBER ON THE TENTH DAY OF APRIL SECOND INSTALLMENT OF TAXES May 6x 1968 SECOND INSTALLMENT DENT OF TAXES DUE AND PAYABLt w ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF DECEMBER This will certify that I have wtawined the map of the proposed subdivision entitled: TRACT NO. 3717 and have determined from the official tax records that there are no unpai3 County taxes heretofore levied on the property included in the wap. The current 19.__ tax lien has been paid in full. Our setisate of the 1968-69_ tax lien, which became a lien on the first Monday of March, 1968 6 is $ 600_00 . EKKETT HITCHCOCK Redemption Offic By: dl Q COUNTY OF CONTRA COSTA DEPOSIT PERMIT - - OFFICE OF COUNTY-AUdITOR-CONTROLLER - - TO THE TREASURER: MARTINEZ. CALIF. RECEIVE FROM NQ. 6 5844 Western Title Guaranty Go 6 - DATE 5/6/68 BUDGET UN11 111 THE AMOUNT SHOWN BELOW FOR CREDIT TO THE FUND OR FUNDS INDICATED: REVENUE FUND FUND NAME DESCRIPTION SPECIAL FUND REVENUE CR AMOUNT AMOUNT SPECIAL DEPOSITS 9109 9965 $ S 600.00 JUDICIAL SPECIAL DEPOSITS 8110 9965 GENERAL 1003 THE ABOVE AMOUNT COVERS: K.P. _ _.VER. S S TOTAL 600.00 Western Title Guaranty Co: tract #3717 cash deposit on subdivision (1968/69 estimated tax lein) RECEIPTOF AF it7E AM NT IS HEREBY ACKNOWLEDGED. DE Y Y OI O (/ DEPUTY COUNTY TREASURER 'I I COUNTY DEPARTMENT RESPONSIBLE FOR ABOVE CASH COLLECTIONS 65844ISEE COUNTY ADMINISTRATORS BULLETIN 1071. q&o fD 34 REV. I-66 750001 • 4 ACTION OF THE BOARD OF DIRECTORS OF AprW Qsc , A CORPORATION, TAKENTWITHOUT A MEETING The undersigned being all of the Directors of W1 -e-ox _, a corporation, do hereby unanimously consent to the a op on of the following resolution: RESOLVED: That WiLic-6 President of this corporation be, and he hereby is, authorized to enter into on behalf of' this corporation, a subdivision agreement with the County of Contra Costa covering Subdivision 3-7/7 and to execute a performance bond, labor and materials bond and tax bond, in connection therewith, together with such other documents and instruments as may be incident thereto . DATED: �4 o K/ CERTIFICATE OF SECRETARY I, W 1,k ' , Secretary of 6)1 LK-t a corporation, do hereby certify and declare that the foregoing is a full, true and correct copy of a resolution adopted by action taken by unanimous written consent of the board of directors without a netting, dated �j,fy g >y6d' , and that the By-Lairs of this corporation authors ed the directors to so act; and that said resolution is now in full force and effect. In testimony whereof, I have hereunto: sethand and affixed the corporate seal of said corporation this g� day of , 1tiG� CC- Secretary (Affix corporate sea!) r t A f , S ' 3 j - i IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval } of Subdivision Map of ) RESOLUTION NO. 67/804 Tract 37199 Brentwood Area, 1 WHEREAS a map entitled Tract 37199 Property located In the Brentwood area, having been presented to this Board for • approval, said map having been certified by the proper officials, 3 and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1966- 1967 tax lien has been paid in full,, and that the 1967-1968 taxa which became a lien on the first Monday of March,, 1967p Is estimated to be 319000; and Letter from the Public Works Director stating t1lat said map is submitted for filing under the provisions of the County Ordinance Code,, accompanied by a cash deposit of $1,,0009 Auditor's Deposit Permit No. 61794 dated October 259 1967s guaranteeing payment of estimated 1967-1968 tax; and TIBERr,,AS the Public Works Director having advised that there will be no public street or drainage improvementes hence subdivision agreement,, bonds,, and inspection fees are ' unnecessary; NOt19 THEREFORE, BE IT RESOLVED that said deposit and the amount thereof be and the same is hereby APPROVED. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROITED and this Board does not accept on behalf of the public any of the streets, roads,, avenues or easements shown thereon as dedicated to public use. PASSED Ar1D ADOPTED this 31st day of October, 1967 by the following vote of the Board: AYES: Supervisors James P. Kenny, Alfred M. Dias# James E. Moriarty,, Thomas John Coll, Edmund A. Linscheid. NOES: None. CERTIFIED COaX F certifv that th;z i, f::,►. tmw ,e correct copy df ASSENT: Norte. 010 e• _�{:. . I�f• .;r .,. '1 �,i f:i� in my office, ct ;?;c ,roard of cc: Public Works (3) California, on ?I znn ins (2) t„{.deputy , P i a SCH, county - ��clerk. •said Board of Supervisors, Subdivider by • RESOLUTION N0. 67/804 9 PUBLIC WORKS DEPARTMENT VICTOR SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOP ROAD COMMISSIONER-SURVEYOR 6TH FLOOR, ADMINISTRATION BUILDING MARTINEZ, CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228-3000 DEPUTY PUBLIC WORKS DIRECTOR October 31, 1967 Subdivision 3719 F I LIED I I ocr311%7 Honorable Board of Supervisors �q-- ♦, PAA H Administration Building CLERK Baro of supeKvloRs ' 2mnw-.. yMartinez California Oc^u:y Gentlemen: There is submitted for your approval the map of Subdivision 3719 in Supervisorial District V in the Brentwood area. There is no subdivision agreements, bonds or inspection fee as there is no public street or drainage work to be done. Accompanying this map and pertaining thereto are the following documents: 1. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1967-68 tax, which became a lien on the first Monday of March, 1967 is estimated to be $1,000. 2. A copy of County Auditor Deposit Permit No. 61794, dated October 25, 1967 which states that $1,000 has been deposited with the County to guarantee payment of the estimated 1967-68 taxes. The map is submitted for filing by Western Title Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is reques ay—tne Board of Supervisors ze its Chairman to sign the Subdivi n A ement on behalf of th oun Very truly yours, VIC70R lU. SAUE Public !Uork ire or By V. L. Cline Assistant Public Works Director Highway Planning VLC:m j cc: Western Title Planning Construction COUNTY OF CONTRA COSTA • DEPOSIT PERMIT .. OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ. CALIF. No. RECEIVE FROM 61794 Western Title Guaranty Co. 6 - DATE 10/25/67 BUDGET UNIT II 1 THE AMOUNT SHOWN BELOW FOR CREDIT TO THE FUND OR FUNDS INDICATED: FUND NAME DESCRIPTION SPECIAL FUND 11 1 REVENUE CR REVENUE FUND AMOUNT AMOUNT S S SPECIAL DEPOSITS 9109 11 9965 1,0w.00 JUDICIAL SPECIAL DEPOSITS 8110 9965 GENERAL 1003 II i11 09W911 PA ASCH CLIRK BOARD CF SUPFP4'. RS NTRA OST O'" THE ABOVE AMOUNT COVERS: _M._P:.__ ..vER:__ S S TOTAL 1,000.00 Guaranty of taxes--1967/68, tract 3719 RECEIPT OF ABOVE AMOUNT IS HEREBY ACKNOWLEDGED_ �UeLw� DE Y COUNTY AUDITOR DEPUTY iffCOUNTY TREASURER i I I I COUNTY DEPARTMENT RESPONSIBLE FOR ABOVE CASH COLLECTIONS 10V 1 i 10 3A REV. 1-66 750001 ISEE COUNTY ADMINISTRATOR'S BULLETIN 1071. No. YT EMME T HITCNCOCK - LORRAINE K. PLANZ COUNTY TREASURER-TAX COLLECTOR PRINCIPAL CLERK TAX COLLECTOR'S OFFICE PHONE 228.3000 EXT. 365-396-397 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA FIRST INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF NOVEMBER ON THE TENTH DAY OF APRIL SECOND INSTALLMENT OF TAXESSECOND INSTALLMENT OF TAXES DUE ANO PAYABLE September 6, 1967 DELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY Of DECEMBER FILIEL) OCT311967 I% T, PAABCH OL I" 80Aft cs SU"RVISORS Q ONTRA COU01JTv ems..., This will certify that I have wm ained the map of the proposed subdivision entitled: TRACT NO. 3719 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the wap. The current 1 tax lien has been paid in full. Our estimte of the 1967-68 tax lien, which became a lien on the first Monday March, 1%7, is $ „11,000,00 . ZSS'TT HITCHCOCK Redemption Officer By: , pAy dl IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA July 20 197 1 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 3721, San Ramon Area ) Work Order 6741 ) Deposit: $500 ) Auditor's Permit No. 70030 ) Dated November 26, 1968 } Refund to: ) C&R Homes, Inc. ) P.O. Box 146 ) San Ramon, California ) On June 16, 1970 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid.' Witness my hand and the Seal of the Board of Supervisors affixed this 20 day of July , 197 1 W. T. PAASCH, CLERK cc: Public Works (2) Subdivider By �� %4e, v" Deputy Clerk Helen C. Marshall IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain roads as County ) RESOLUTION N0. 70/340 roads, Subdivision 3721, ) San Ramon Areas Work Order 6741.) WHEREAS the Public Works Director having notified this Board that improvements have been completed in Subdivision 3721, San Ran= area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; A NOW, THEREFORE, BE IT RESOLVED that the improvements in the v. following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of s action under said Subdivision Agreement: Subdivision Date of Agreement a 3721, sea Ramon area _ _. -_ _ December lo, 196 _ . P A, (United Pacific Insurance Company - Bond No. B-571269) W 'o BE IT FURTHER RESOLVED that the $500 cash deposit as surety o (Auditor's Receipt No. 70030 dated November 26, 1968 ) be I'd RETAINED for one year pursuant to the requirements of 94 Section 8429(b) of the Ordinance Code as amended. 0 W BE IT FURTHER RESOLVED that the hereinafter described road s, 'o having been heretofore dedicated to public use by the filing of r4 map in the office of the County Recorder, be and the same are accepted and declared to be _ County road sof Contra Costa County: 0 4-3 JOAQU IN C WRT (32/50/0.04) LA PFRA CIRCLE (36/56/0.35) 'o FRANCISCAN DRIVE (36/56/0.33) LA VELLE COURT (32/56/0.04) CASTILE COURT (32/50/0.06) LA PERA COURT (32/50/0.05) o CALISTOGA COURT (32/50/0.08) JOAQUIN CIRCLE (32/50/0.20) v a� i as shown and dedicated for public use on the map of Subdivision 3721 filed December 1% 1968 in Book 125 of haps at Page 19 Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 16th day of Ame , 197_0, by the following vote of the Board: AYES: Supervisors J. P. Kennyg A. M. Diasg J. Ee Moriarty, E. A. Linscheid, T. J. Coll. NOES: None• ABSENT: None• CERT1B1aD Copt IRaf A4 4 a/rn, 1-4 &Correct bo?of A, x-gina1 dace+..1 is nn filo in mo of/ice, awe l.�a!i!�m pa.n.d(G o'ople:� i•p f�r> Eno•�o/�wpee .i.ou / onlra 1.nnlra :�cnn:8, :_ yn.niu, on 14. Date ifrotn. .i I i c7; R'. (. /°:; i :;?•' cconf7 c1.4 RESOLUTION NO. 70/340 y /icic o1.11 e/ ,aid lepaly c%.u. c c: Public Works (2) Subdivider Recorder — 5-0-70 70 m IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 37210 San R"on } RESOLUTION NO. 68/863 Area. ) WHEREAS a map entitled Tract 3721 , property located in the San Amm Area , having been presented to this Board for approval, said sap having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the eurrent 1968-1969 taz 11en has been paid in full; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4. Title 8, of the County Ordinance Code; Surety bonds issued br United Paeifle Insuranee Company with C A R Noses, Inc* as priseipal as lbllers: No, e-S71269 in the amount of $1499600 ter faithlltl Pet+• formanoe and $1509100 for Labor and Materials; Cash Deposit (Auditor's Seselpt So. 70030 dated November 269 1968) in the annum of $500; Inspection Fee in the asovat of $7,505; and Subdivision agreement between_C A a P. 0. Boz 146 one Haman, Calgonla 98583 subdivider ang the County of Contra costa, ;Lerein said sub- divider agrees -.,o complete road and street Improvements, etc., in said subdivision within _gna ,_ year from the date of said agreement; RESOLUTION NO. 68/863 Form #23 NOW, THEREFORE$ BE IT RESOLVED that said bondt aid and the amount] thereof be and the same are hereby AP ROVED. BE IT FURTHER RESOLVED that said subdivision agreement be and the Game is hereby APPROVED -and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and. this Board doer not accept or reject on behalf of the public @Ry Of the streets, reads, WORMS or ea9e0e8t• shown thereon as dedleated to pub]-10 Us*- PASSED AND ADOPTED this day of 19 by the following vote of the Board: AYES: DM*rwlsors James Pe KSTAY, Jeune• E. NOTIarttp Thomas John Co11. Edmund A. Unsehelds Alfred X. Dlas e NOES: None, ABSENT: Nene., CERTIFIED COPY f certify that this is a full, true & correct copy at the original dom irnent r.hich ;s on file in nmv office, and that it -;vas nn z_:R i £.- -idnnfed hp the Board of Supervisor: of Contra ,' :: Countr, California, on the date :�?-ow r_. AT i U ,'l. T. P ASCH, county clerk&ea:officio clerk of said Board of Supervisor; by deputy clerk. on .l�oiD, /96 eat pubile Norm (3) HLO Mq plannitt Subdivider RESOLUTION NO. 68/963 Form 23 1� PUBLIC,WORKS: DEPARTMENT VIC 16VORK SAUER CONTRA COSTA COUNTY F. R. LIC WOR PUBLIC\V ORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR December 3, 1968 Subdivision 3721 s Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3721 in Super— visorial District III in the San Ramon area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is December 10, 1969- - 2. A Surety Bond in the amount of $149,600 and a 3500 cash deposit (Auditor's Receipt No. 70030 dated November 26, 1968, Which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond in the amount of $150,100. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1969 tax has been paid in full. The map is submitted for filing by the Title Insurance and Trust Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. S R Public Wor Director B V. L. Cline Assistant PublLw0<or7ks Director Highway Planning JP:sc cc: Title Company Planning Department Construction Division a EMMETT HITCHCOCK LORRAINE K. PLAN2 COUNT' TREASUrER•TAX COLLECTOR PRINCIPAL CLERK TAX COLLECTOR'S OFFICE PHONE 220.3000 EXT. 365-366.367 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA FIRST INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF NOVEMBER ^ [�y ON THE TENTH DAY OF APRIL SECOND INSTALLMENT OF TAXES November 2S,, 1968 SECOND INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF OECEMDER IF THIS TRACT IS NOT FILID BY FEWART 28a 1969,, THIS LEITER IS VOID This will certify that I have exis insd the snap of the proposed subdivision entitled: TRACT NO. 3721 and have determined from the official tax records that there are no unpaid county taxes heretofore levied on the property included in the sap. The current y tax lien has been paid in full. ENNETT HITCHCOCK RedemptiiA Officer By: 1�0;j_�� Deputy dl RESOLUTION AUTHORIZING EXECUTION OF SUBDIVISION CONTRACT AND BONDS RESOLVED that this corporation shall enter into a Subdivision Contract for Subdivision 3721, Danvill/South, San Ramon, California, with the appropriate officials of the County of Contra Costa, at such time as the officers or any one or more of them shall be satisfied with such contract and the terms, conditions and provisions thereof. RESOLVED FURTHER, that this corporation shall execute and deliver such bonds as are necessary and convenient in con- junction with the development of the Subdivision upon such terms, conditions and provisions as shall be satisfactory to the officers hereof or any one or more of them. RESOLVED FURTHER, that any one or more of the officers of this corporation be and they hereby are authorized and directed to execute and deliver for and on behalf of this corporation, as its corporate act and deed, the aforesaid Subdivision contract and bond. I, the undersigned, being the duly elected Secretary of C. & R. Homes, Inc. , a California corporation, certify that the foregoing is a true copy of a resolution duly adopted by the Board of Directors of the corporation at a meeting on November 25, 1968. 1 Secretary Dated this 26th day of November, 1968 , at San Ramon, California. fes. V t' TO 467 C (Individual) STATE OF CALL OKNIA COUNTY OF. * On as`S.119 (fore m t e under-,i-ned, a notary Public in and for said State, )ersonally appeared iW M W 2 , W J known to me < to be the perm.,--whose Want �CKa sub: ibctiI to the within instrument and acknowledged that �A executed the same. WITNESS my hand and official seal. - Edna E.Ch--MP a;n i ri.i�i••i.i �Z. Signature CQAiTi:.1 Ct};Ttl CGvt.!Y Edna E. Champlain Name (Typed or Printed) MY COiY1MISSioli Expii'ie5 MAY 23. !'.3L9 (This area for 01111441 notarial seam G E IMPROVEMENT SECURITY BOND B-571269 (FaithfuZ Performance & Maintenance, AND Labor & Materials) (CaZif. Bus. & Prof. Code §ZZ6Z2; Contra Costa County Standard Form) 1. OBLIGATION. (PrincipaZ) 9,-& R HODS, INC• a California corporation as Principal, t } TT... T;.ST7 and ure y ��-�. � � a corporation organized and existing under the laws of the State of and authorized to transact surety business in California, as Surety , hereby jointly and severally bind ourselves, our heirs , executors , administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintenance) One Hundred Forty--Nine Thousand, Sic Hundred and ne/Dollars ($ ) for itself or any City-assignee under the below-cited subdivision -contract., plus (B - Labor & Materials) One __ Dollars for the benefit of persons protected under Cal. Bus. &Prof.Code '§116'12. 2. RECITALS. The Principal contracted with the County on December i% 1968 to install and pay for street, drainage, and other improvements in Subdivi- sion No. 3721 , as per map now being filed with the County's Recorder, and to complete said work within One Year from said date, all in accordance with State and local laws , rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Sure":,y will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on December 3, 1968 PRINCIPAL SURETY .. C & R Hone INC U; i►ED F%: i%;moi �_.;r";: ;�� Cor"4.r1NY State of California ss: County of C,(intra Costa On Det-L—hp_r I . 19_fa before me, the undersigned, a Notary Public in and for said County, personally ` appeared rpnr&C H_ Krupger known to me to be the person whose name is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that—he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h _j„L s) own name as Attorney-in-Fact. ......................................... ................ ... ................. OFFICIAL SEAL AN KRUEGER C*��'-'! �ir`FICE IPI -`�f CONT"A COSTA COUNTY – My Commission expires Mary 20 1969 Notary Public in and for said unty B-2004 California - Jurat (Attorney-in-Fact Acknowledgment) Rev. 1-65 rl IMPROVEMENT SECURITY BOND B-571269 (Faithful Performance & Maintenance, AND Labor & Materials) (Calif. Bus. & Prof. Code §ZZ6Z2; Contra Costa County Standard Form) Z. OBLIGATION. (PrinczpaZ) C & R HODS,_ INC,,, a California corporation, as Principal, (Surety) t` -r7rif �, T, ... rr�,,�-r !�r,i�rar--- and �3�7—�{# •�y; ;` _� •�� a corporation organized and existing under the laws of the State of Califo and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs , executors , administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintenance) One Hundred Forty-Nine Thousand, $iz Hundred and no/Dollars ($ ) for itself or any City-assignee under the below-cited subdivision -contract, plus (B - Labor & Materials) One Hundred Fifty Thnusand, One Thi d=d and naoL----- Dollars ($ ) for the benefit of persons protected under Cal. Bus. &Prof.Code 1 12. 2. RECITALS. The Principal contracted with the County on December la 1968 to install and pay for street, drainage, and other improvements in Subdivi- sion No. 3721 , as per map now being filed with the County's Recorder, and to complete said work within One Year from said date, all in accordance with State and local laws , rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations • without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on December 3, 1968 PRINCIPAL SURETY C & R NOM INC ► Idi7ED Fi�'ri % - CC i RtSY By �,�� By 044 Ger g . orrey in fitet State of California ) ss, County of ) (ACKNOWLEDGMENT BY SURETY) On the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorneys )-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Surety and his/their own name(s) as its Attorneys)-in-Fact. Notary Public for said County and State (Imp. Sec. Bond, CCC Std.Form) (HP-151Rev. 8-67; 200) A SUBDIVISION AGREEMENT (§1) Subdivision: 3721 (B. & P. Code §§ZZ6ZZ-Z2) (§1) Subdivider: C & R HODS, INC. 1 Effective Date: iv- /o (p$ (Contra Costa County (§1) Completion Period: 'One- Year Standard Form; 8-67) (§4) Deposits : A. (cash) $500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ 1490600.00 2. (labor,materials) �5Q�100_00 Z. Parties & Date. -Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs , fire hydrants , and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security : Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs . Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . B. Bonds, etc. : (t - FaithfuZ Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section 2; and if, at any time before the County's resolution of completion for the subdivision, the improvement plan proves to be inadequate in any respect, Subdivi- der shall make changes necessary to accomplish the work as promised. F) LEL -1- FErl 01968 1 ':". IlAelacH v; R 6. No Waiver by County. Inspection of the work and/or materials, or approva of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and. conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters . 8. Costs. Subdivider shall pay when due all the costs of the work, inclucing inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. It. Assignment. If before County accepts these improvements, the subdivision is annexed to a city, the County may assign to that city the County' s rights under this agreement and/or any deposit or bond securing them. Z2. Record Map. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances. -2- COUNTY CON SUBDIVIDER: (see note below) ByC & IES INC Ch n, Board u e isors B y ATTEST: W. T. PAASCH, County Clerk (Designate official capacity & ex officio Clerk of the Board in the business) By. L/ Note to Subdivider: (Z) Execute Deputy acknowledgment form below; and (2) If a corporation, attach a certified copy of (a) the by- FORM APPROVED: JOHN A. NEJEDLY laws or (b) the resolution of District Attorney the Board of Directors, authori- zing execution of this contract BY and of the bonds required hereby. Deputy State of Californi ) ss. (AcknowZedgment by Corporation, County of ee-'a', &4t—&- ) Partnership or Individual) On �� i5 44 , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and ac- knowledged to me that he executed it and that the corporation or partner- ship named above executed it. - - - - - - - - - - - - - r'-�':• Edna f:.ChruiWain ` .� . CO1vT>;a COSTA CUunrtY C:+iJi Ji ' A � Notary Public for said Co ty and Mate MY COMMISS1014 EXERE.S MAY 2Z 19th (Subdiv. Agrmt. CCC Std. Form) (HP-8; Rev. 8-67; 200) _3_ • • on K6.91 oacE37S . 8956.0 DEC 2 4 1969 .t .ht 4 t IN THE BOARD OF SUPERVISORS �. OF o //CONTRA COSTA COUNTY, STATE OF CALIFORNIA m C a0 In the Matter of Acceptance of ) e a Deed and; Declaring a Certain ) w 6 a Road as a County_Road, ) RESOLUTION NO. 69/851 jSubdivision 372(i,� Concord Area. ) m N V U Cr Cj cc Q CL CO WHEREAS the Board on February 13, 1968 accepted as com- UH plate construction of improvements in Subdivision 3726, Concord ee s area, and accepted certain streets within said subdivision; and o�M WHEREAS the Public Works Director has reported that the nting street was erroneously omitted from said acceptance; NOW, THEREFORE, on the recommendation of the Public Works Director, BE IT RESOLVED that FOX WAY is .ACCEPTED and DECLARED to be a County road of Contra Costa County. BE IT FURTHER RESOLVED that the Board accept a deed from Hofmann Company to the County for the pa• tion along the southerly 10 feet of Fox Way that was excluded from Subdivision 3726 and that portion of Fox Way lying between the most westerly corner of Lot 27 and the most easterly corner of Lot 1, as said lots are shown in Subdivision 3726, filed August 169 1967 in Map Book 117, page 4, Contra Costa County, California, more particularly dearibed as follows: The northerly 40 feet of this right of way was dedicated on the subdivision map of "Williams Walnut Division," filed June 21, 1910 in Map Book 3, page 57. The remaining portion of the southerly 10 feet of the right. of way was dedicated on the aforesaid Subdivision 3726. (117 M 4) (32/50/0.12) PASSED AND ADOPTED this 16th day of December, 1969 by the following vote of the Board: AYES: Supervisors J. P. Benny, A. M. Dias, T. J. Coll, E. A. Linscheid, J. E. Moriarty. NOES: None. ABSENT: None. 1FIED COPY L certify that this is a full, true & correct copy of the original docume-1t which is on file in my office, and that it was ',1s �'. n 1clonted by the Board of _,rs c.f C,'tra ,%r,�t 1 County, California, on cc: Recorder 5upervis_ Public Works (2) the date she n. ATTt_. '': ;;r. T. P?O-qCl County clerk S e::-officio clerk of said Board of Supervisors, by deputy/clerk. �( y on RESOLUTION N0. 69/851 END OF WWMEK IN TI1E BOARD OF SUPERVISORS Or CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Acceptance of } Deed and Declaring a Cartain ) Road as a County goad, ) RESOLUTION NO. 69/851 Subdivision 3720, Concord Area. ) '•.'=R- EAS the Board on February 13, 1968 accepted as -com- plete construction of irmrovements in Subdivision 3726, Concord area, and accepted certain streets within said subdivision; and ;7PMREAS the Public Works Director has reported that the fronting street was erroneously omitted from said acceptance; NOW, THE? ORE, on the recor.r endation of the Public Works Director, BE IT RESOLVED that FOX WAY is ACCEPTED and DECLARED to be a County road of Contra Costa County.. BE IT F 1URTNE-:R RESOLVED that the Board accept a deed from Hofmann Con:�any to the County for the per tion along the southerly I NIP`P 10 feet of Fox Way that was excluded from Subdivision 3726 and that portion of Fox Way lying bet;:een the most westerly corner of `-` Lot 27 and the most easterly corner of Lot 1, as said lots are shown in Subdivision 3726, filed August 16, 1967 in Map Book 117, page 4, Contra Costa County, California, more particularly desribed as follows: The northerly 40 feet of this :right of way was dedicated on the subdivision map of "Williams Walnut Division," filed June 21, 1910 in 34ap Book 3, page 57. The remaining portion of the southerly 10 feet of the rig ht of way was dedicated on the aforesaid .; Subdivision 3726• (117 M 4) (32/50/0.12) lel v . PASSED AND ADO10 ED this 16th day of December, 1969 by the following vote of the Board: v AYES: Supervisors J. P. Kenny, A. X. Dias, T. J. Coll, E. A. Linscheid, J. E. Moriarty. NOES: Done. ABSENT: Bone. l ERr.HFiED COPY L certify that this is a full, true & correct copy of the original document which is on file in my office, and that it «•as rasspd F.- adonted by the Board of cc• Recorder Supervisors of Conga Costa County, California, on Public Works (2) the date shown. ATTEST: W. T. PAASCK county clerk&ex-officio clerk of said Board of Supervisors, by deputy clerk. q on RE SOLuTIO,N NO. 69/851 ISI "IE BOARD Or SUP EI?V ISOP.S OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the ';atter of Completion } of Improvements and declaring ) RESOLUTION NO, 6$j93 certain roads as County roads, WTIM EAS the Public Works r1rector of the City of Conoord advises that the construction of Improvements in Subdivision 3726, Conec_ . area, has been satisfactorily completed; and ;'.?E ZEAS the Board authorized Inspection or the -wort: C;� tfi0 City of Concord and constr�xcticn to City standards, and annexation by the City is pending; NOW, TIiE;� 7-W39 on the r000-�mendation o: tha County Public $:o�'t:: Director, BE IT P:7SOLVED that the improvements, as prov'Ie cd in the agreement hereto"ore executed by this Board in con5u ction frith the filing of the subdivision map, in the following subdivision have been completed for the purpose of establishing a terminal period for filing of lines in case of action under said Subdivision Agreement: Subdivision Date of AareenQnt °1 Tract 3726, Concord area August 71p 1967 (Fireman's Fund Insurance Company - bond No. SC 6160455) BE IT FUrITRER RESOLVE that the Public t:oeks Director is 1!UThCRIuED to refund to Hofm^.nn Company, 989 Dotroit Avenuep Concord, California, ,AGO cash deposit as surety under the Subdivision Agree- ment, as evidenced by Auditor's Receipt No. 601$$ dated AuLrast 9, 1967. E IT r �L ER RESOLVE :; D that the hereinafter described road , having been heretofore dedicated to public use by the filing of ma in the office of the County P.ecorder, be and the same are accepted z:nd declared to be County roads of Contra Costa County: NEWTON WAY MA.111 BA,II STREET YOVIDA DRIVE as shown and dedicated for public use on the map of Subdivision 3726 filed June 28, 1967 in Book 116 of :taps at Page 99 Records of Contra Costa County, State of California. PASSED JAiND ADOPTED this 13th day of February, 19681, by the follofiing vote of the Board: AYES: Supervisors Jo=es P. Kenny, James E. Moriarty, Thomas John Coll, Edmund A, Linschelds .Alfred 14. Dias. NOES: None. CERTIFIED COPY I certify that this is a full, true S correct co, A BSMI:T: None. the ori-mal docurnent v'11ich is on file in my and that it .ras ,!-.s vd adonted by the P StM(!r V:s0rs Cf C{:3t^ '; tR l �` ` r ec: Recorder the da � C s.t't. Public Works (4) clerk .e.e':-ofiici� ' �f t�r.SC c.e:is said Board of S Bu S. �i S erv. D iV. �y de_Mty clerk, Administrator k Subdivider City of Concord ---------�--`'on�'�' /�• IIG� P.E SOLUT ION NO. 68/93 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion )of Improvements and declaring } RESOLUTION N0. 68/93 certain roads as County roads. ) } WHEREAS the Public Works Lector of the City of Concord advises that the construction of improvements in Subdivision 3726,:-Concord area, has been satisfactorily completed; and WHEREAS the Board authorized inspection of the work by the City of Concord and construction to City standards, and annexation by the City is pending; NOW, THEREFORE, on the recommendation of the County Public Works Director, BE IT RESOLVED that the improvements, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map, in the following subdivision have been completed for the purpose of establishing a terminal period for filing of lines in case of action under said Subdivision Agreement: Subdivision Dale of Agreement Tract 37269 Concord area August 79 1967 (Fireman's Fund Insurance Company - Bond No, SC 6160455) c BE IT FURTHER RESOLVED that the Public Works Director to AUTHORIZED to refund to Hofmann Company, 989 Detroit Avenue, Concord, California, $500 cash deposit as surety under the Subdivision Agree- ment, as evidenced by Auditor's Receipt No. 60188 dated August 9: 1967, BE IT FURTHER RESOLVED that the hereinafter described roads, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be County roads of Contra Costa County: NEWTON WAY MARKHAM STREET NOVIDA DRIVE as shown and dedicated for public use on the map of Subdivision 3726 filed June 28, 1967 in Book 116 of Maps at Page 99 Records of Contra Costa County, State of California. PASSED AND ADOPTED this 13th day of February, 1968, by the following vote of the Board: AYES: Supervisors James P. Kenny, James E. Moriarty, Thomas John Coll, Edmund A. Linscheld, Alfred M. Dias, NOES: None. CEPLTIFIED COPY I certify that this is a full, true & correct coy ABSENT: None. the original doc�um t =,:Bich is on file in my and that it. ��:as ^acn s' of oonted by the F CC: Recorder Stlnerv;�;ors c.` r r..rltLr. Calif the d-itc; � n,r7. :=Tr'�.T: :: T. P _kSc' Public Works (jF) clerk S e?:-n_*"ilf.� cls of said Board of S Bus. & Serv. Div. by deput,. cIerl:. Administrator Subdivider �� C / �7 City of Concord on.;! RESOLUTION NO. 68/93 In the Board of Supervisors of Contra Costa County, State of California February 6 196_&- In the Matter of Exoneration of bond, Fireman's Fund Insurance Company, Subdivision 37260 Concord area. On August 150 1967 the Hohmann Company, P. 0. Box 907, Concord, California, riled with this Board surety bond No. SC61604492 in the sum of $1,600, guaranteeing payment of estimated 1967-1968 taxes on Subdivision 3726, Concord Area, with Fireman's Fund Insurance Company, as surety; and The County Tax Collector having notified this Board on February 2, 1968 that said taxes on Subdivision 3726 have been paid in full; NOW, THEREFORE, on motion of Supervisor E. A. Linscheid, seconded by Supervisor J. P. Fenny, IT IS BY ME BOARD ORDERED that exoneration of said bond is hereby AUTHORIZED. The foregoing, order was passed by the following vote of the Board: AYES: Supervisors James P. Kenny, Jame E. Moriarty, Thomas John Coll, Edmund A. Linscheid, Alfred M. Dias, NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of on order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Public works Witness my hand and the Seal of the Board of Subdivider Supervisors Bonding Company affixed ;his 6th day of February, 196 8 Tax Collector W. T. PAASCH, Clerk Auditor By — Deputy Clerk H24-10/67-SM Elsie Pigo t w Office of COUNTY AUDITOR-CONTROLLER / Contra Costa County Martinez, California February 2, 1968 TO: Geraldine Russell I IRECEIVED Assistant Clerk of the Board F`B ;2' i968 FROM: H. D. Funk, Auditor-Controller�J,, W. T. P A A S C H By: M. E. King, Deputy " CLERK BOARD OF SUPERVISORS /� C,ON?RAG TA CO. y DeOutY SUBJECT: Exoneration of Bond {M� We are attaching a request for exoneration of the surety bond filed with the sub-division #3726 which Was recorded August 16, 1967. The identifica- tion of the surety bond is.-.contained in the attached letter. This office has verified the payment of the 1967-68 taxes and recom- mends the exoneration of the bond. Enclosure MEK:kdg - TRA.NS:' MERICA TITLE t`t INS'URANCE COMPANY January 30, 1968 Emmett Hitchcock County Tax Collector P. O. Box 631 Martinez, California 94553 Re: Subdivision 3726 County Parcel No. 129-200-007 Code 79115 Dear Sir: The hereinabove captioned subdivision was recorded August 16, 1967, Map Book 117, Pages 3 and 4, Contra Costa County records. Said map was accompanied by Tax Bond (Bond No. SC 6160449) in the amount of $1,600.00 guaranteeing payment of 1967-68 taxes. We have determined from the Official Tax records that the current 1967-68 tax lien affecting said subdivision has been paid in full. Therefore, we request that the above mentioned bond be exonerated and returned to our client, The Hofmann Company, P. O. Box 907, Concord, California, Attention Mr, Dawson. Thank you for your cooperation in this matter. Yours truly, TRANSAMERICA TITLE INSURANCE COMPANY Sammy R-.) Depetro, Subdivision Officer SRD:pf cc: Hofmann Co. 1322 NORTH MAIN STREET • P.O. BOX 398 • WALNUT CREEK. CALIFORNIA 94597 • TELEPHONE 935-8050 f7 IN THE BOARD OP SUPERVISORS OF CONTRA COSTA COUNTY, STkTE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) RESOLUTION NO. 67/580 Tract 37269 Concord Area. ) WHEREAS a map entitled Tract 3726, property located in the Concord area, having been presented to this Board for approval, said map having been certified by the proper officials, and being acco!!panied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1966-1967 tax lien has been paid in full, and the 1967- 1968 tax lien, which became a lien on the first Monday of March, 1967, is estimated to be $1,600; and Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4, Title 8, of the County Ordinance Code; Surety bonds issued by Fireman's Fund Insurance Company with Hofmann Company as principal, as follows: No. SC 6160455 in the amount of $47,600 for Faithful Performance, and $48,100 Labor and Materials, to guarantee completion of road and street improvements; $500 ca&deposit (Auditor's Receipt No. 60188 dated August 9, 1967) ; Tax Bond (Bond No. SC 6160449) in the amount of $10600 guaranteeing payment of 1967-1968 tax. $127.80 has been deposited and is to be credited to County Service Area L-18 to cover the cost of energizing the lights for one year. Pursuant to Board Order dated July 25, 1967, the inspection fee and fire hydrant rental fee have: been paid to the City of Concord by the developer. The City of Concord will inspect the improvement work. Subdivision agreement between Hofmann Company, subdivider and the County of Contra Costa, wherein said subdivider agrees to complete road and street improvements, etc., in said subdivision within one year from the date of said agreement; RESOLUTION NO. 67/580 NOW, THEREFORE, BE IT RESOLVED that said bonds ia d!Aositsoand the amounts thereof be and the same are hereby BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the ,� Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept on behalf of the public any of the streets, roads, avenues,, or easements shomD there- on as dedicated to public use. PASSED AND ADOPTED this _15th _ day of August , 196_L9 by the following vote of the Board: AYES: Supervisors James P. Kenny, Alfred K. Dias, James E. Moriarty# Bdlimnnd A. Linscheid. NOES: None, ABSENT: Supervisor Thomas John Coll. act Public Works (3) Highway Planning Subdivider Title Company C-EfZTrFTLi) CU 'Y I awtify that t':is EG - r,;r= 124, r* correct copy of the original �in� � r.,.. ._ : .t, :� ,,�: file in my offices and that it �.-.; : . ;.-i by the Board of Supervisor (,r ,, California,the date sh�,,.•a ttJ. T. PMSCH on � eounty dark&ex-off i :, �.r ,,; ,aid Board of SupuvbW% by putt' clerk. RESOLUTION NO. 67/580 Form #23, Pg. 2 m PUBLIC WORKS DEPARTMENT VICTOR SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR August 14, 1967 Subdivision 3726 Honorable Board of Supervisors County Administration Building Martinez, California 94553 Gentlemen: There is submitted for your approval, the map of Subdivision 3726 in Supervisorial District 5 in the Concord area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is August 7, 1968. 2. A Surety Bond in the amount of $47,600 and a 1500 cash deposit (Auditor's Receipt No. 60188) dated August 9, 1967 which amounts are required to guarantee completion of road and street improvements as required by the Subdivision Agreement. 3. Labor and Materials Bond in the amount of 148,100. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1967-68 tax, which became a lien on the first Monday of Murch, 1967 is estimated to be 11,600. 5. Tax Bond in the amount of 11,600 guaranteeing payment of estimated 1967-68 tax. 6. $127.80 has been deposited and is to be credited to County Service Area L-18 to cover the cost of energizing the lights for one year. The map is submitted for filing by Transamerica Title Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its.Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAU F I L E D Public Work Director AUG 1 " By W. T. PAASC14 V. L. Cline CLERK BOUD OF SUPf9VIW--As Assistant Public Works Director :, 'T. COS�Ty��.• y••; ey ;r t Highway Planning VLC/ct Encs. SUBDIVISION AGREEMENT (Bus. & Prof. Code Secs. 11611 & 11612) (Contra Costa County Standard Form) I. Parties and Purpose. The County of Contra Costa, a political subdivision of the State of California, hereinafter called "County", and Hofmann Company hereinafter called "Subdivider", mutually agree that Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs and fire hydrants, and all improvements as 0/ry required by the n8 -app—ffijy and all improvements required in the approved improvement plan of Subdivision 3726 , as per map now being filed with the County's Recorder; and Subdivider shall complete said work within 365 days from date hereof as required by the Subdivision Map Act of the State of California (Business and Professions Code Section 11500 et seq. ), and in a e', 7-Y, e,=- manner fmanner equal or superior to the requirements of the e- r/ca�D S t/�D/✓!slow Q,�I1�v.F��, lf�, II. Costs. Subdivider shall pay when due the costs of all said improvements and work, and of relocating existing utilities when neces- sitated by said work, and of inspecting all such improvements and work. III. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. IV. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, in accordance with the provisions of Business and Professions Code Sec. 11612, deposit as security with the County: (1) the sum of $500 cash; to;ether crith . . . . . . . . . . . . (2) (A - Faithful Performance) additional security for at least the total estimated cost of the improvements and work less $500, to crit: Forty-seven thousand six hundred and no/100-------- Dollars ($ 47, 600.00 ), in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond guaranteeing its faithful performance (Subdiv.Agrmt. ,000 Std.Form) -1- of this agreement, plus (B - Labor & Materials) another such additional security in the full amount of said estimated cost, to wit: Forty-eight thousand one hundred and no/100----------Dollars ($ 48, 100. 00 ), securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them or to the Subdivider for the improvements or work. V. Assignment. If, prior to County's acceptance of these improve- ments, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing it. VI. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances. DATED: e1716 7 COUNTY OF CONTRA COSTA SUBDIVIDER: (See note below) By. j4j&dd&-*)A HOFMANN COMPANY Chairman of the Board of Supervisors ATTEST: W. T. PAASCH By County Clerk and ex-officio Clerk (Designate Officialrapacity of the pard of Supervisors in the business) Albert T. Shaw, Vice President By Deputy Note to Subdivider: (1) Execute acknowledgment form below; and �2 if a corporation, attach a certified copy of (a) the by-laws, or b� the resolution of the Board of Directors, authorizing execution of this contract and of the bonds required hereby. State of California ss . (Acknowledgment by Corporation, County of Contra Costa Partnership or Individual) On August 8, 1967 , the person() whose name(§) is/� signed above for ubdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. Jeannette M. Richards Notary Public for said County and State WSubdiv.Agrmt. ,CCC Std.Form) My Commission ExpiresFib.9.1970 -9;Rev.8-64;500) -2- MINUTES OF SPECIAL MEETING OF DIRECTORS OF r HOFMANN COMPANY A special meeting of the Board of Directors of Hofmann Company was held at 989 Detroit Avenue, South, Concord, California, on August 7, 1967 at 10:00 a.m. All of the Directors were present. The meeting was called to order by the President, who presided as Chairman. He stated that the meeting was being held pursuant to waiver of notice and consent signed by all of the Directors, and on motion made and carried, such waiver and consent was made a part of the records of the meeting and now precedes the minutes of this meeting in the minute book of the corporation. The President made an oral report concerning the activities of the officers in the general conduct of the business of the corporation since the previous meeting of the Board, and upon motion made, seconded and carried, the following resolution was adopted: RESOLVED, that all of the acts of the officers in the general conduct of the business of the corporation since the previous meeting of the Board of Directors be, and they hereby are, approved, ratified and adopted. After discussion, motion was made, seconded, and unanimously carried that the following resolution be adopted: RESOLVED, that Albert T. Shaw, Executive Vice President,' be authorized to execute Subdivision Agreement between Contra Costa County and Hofmann Company for Subdivision 3726. There being no further business, the meeting adjourned. Hopg V. Hof ann, Secretary EMMETT HITCHCOCK LORRAINE K. FLANZ COUNTY TREASURER-TAX COLLECTOR PRINCIPAL CLERK TAX COLLECTOR'S OFFICE PHONE 226.3000 EXT. JSS-SSS•307 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZ, CALIFORNIA FIRST INSTALLMENT OF TAXES DUE AND PAYABLE DXLINQUZNT DAY ON THE FIRST DAY Of NOY[M/[R ON 7H[TENTH DAY Of APRIL SECONDDINSTALLMENT OF TAXES August 7 1967 SECOND INSTALLMENT OF TAXES O[LMOUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF DECEMBER This will certify that I have examined the map of the proposed subdivision entitled: TRACT NC. 3726 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the wap. The current 1967 tax lien has been paid in full. Our estimate of the 1967-68 tax lien, which became a lien on the first Monday of March 1967p is S 1,600.0o.. EMMETT HITCHCOCK Redemption Officer By: / Deputy dl F LED AUG 1 ,_, W. T. PAASCH CIESIK BGFRO CF SUPERYIY" I TR'A/ jO�,?JA, Cnr•r.• Ei r t STATE OF CALIFORNIA COUNTY OF J SS ON------ ........................AII&WI..8-----------------_-............................. 1967.-, before me, the undersigned,a Notary Public in and for said County and State,personally appeared - ..........-......-A2beTt...T.._-Shag................. .............................known to me to be the ..Vice.....President, and....--- — — — — — — — - — — — — ...... known to me to be the Secretary of the Corporation that executed the within instru- ment and the officers who executed the within instrument on behalf of the Corpora- tion therein named,and acknowledged to me that such Corporation executed the same. W9=W dW Eg*"Fib.9,1970 Notary's Signature..... CORPORATION ACKNOWLEDGMENT Form No.14 Type or Print Notary's Name...-....Je4'1L3T..lett!.....{....Richards F3 k� I MPROVE HENT SECURITY BOND - BOND NO. SC 6160455 (Faithful Performance, AND Labor & Materials) (Calif. Bus. & Prof. Code Sec. 11612; Contra Costa County Standard Form) 1. O_B_LIGA TION HOFMANN COMPANY, as Principal, and (Surety)__ FIREMAN'S FUND INSURANCE COMPANY, a corporation, organized and existing under the laws of the State of California, and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance) ---------------- FORTY SEVEN THOUSAND SIX HUNDRED AND NO/100THS DOLLARS ($47, 600.00) for itself or any City assignee pursuant to the subdivision contract referred to below, plus (B - Labor & Materials) -------------- FORTY EIGHT THOUSAND ONE HUNDRED AND NO/100THS DOLLARS ($48, 100. 00) for the use and benefit of persons entitled thereto under California Business and Professions Code Section 11612. 2. _RE_C_IT_A_L_S. The Principal contracted with the County on to install and pay for street improvements, tract drainage, and other improvements as required by the City of Concord Municipal Code Sections 4400 through 4411, and the approved improvement plan of Subdivision No. 3726, as per map now being filed with the County's Recorder, and to complete said work within one year from said date, in accordance with applicable State laws, County ordinances and rulings thereunder. 3. _CO_N_DIT_ thIO_N_. If the Principal faithfully performs all things required of him according tc e terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from cklims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent to make such alterations without further notice to or consent by Surety is hereby given; and the Surety hereby waives the provisions of Calif. Civil Code Sec. 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees th on this bond Surety will pay reasonable attorney's fees as fixe IV tl� u:t be taxed as costs and included in the judgment. SIGNED AND SEALED On _--_Jur_ ?o, ?ao_ AUG 1 '_ --————— W. T. PAASCH CLERK BOARD CF SUPERviScgS PRINCIPAL SURETY TR osTcoUNTv .......7?4u'"'rs°''Y HOFMANN COMPANY FIREMAN'S FUNDIN US'URRANCE COMPANY By: _�` - _ _� '`�.� By: _-- ----- `----- yy, Wy yy aT W: �e t^.y,:y�s, At' rni,w.-inyy-fact State of California ) County of Ai a::C3,3 ) ss (ACKNOWLEDGMENT BY SURETY) . On ?o, - the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorneys)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Surety and his/their own name(s) as its Attorney(s)- in-Fact. r"IIIClit!lttit!tltfttt:tCi�tlj;tllltSS!dtltt: 11 . � 19ARIE DELSOL -�- - -��-'�- ` NOTARY PUULIC ! Notary Public for said County and State ' ! ALAb1EDA COUNTY.CAW._ wuow�wwu�uuueuauuuu:a (Imp. Sec. Bond, CCCu ltd. Form) 'Aly Comms -M,Expires November 26. 1962 1 (HP-15; Rev. 8-64-; 500) �I i • ' TAX SM LED saMD •o. Sc 6l""9 JUN 2 71967 "OW ALL t" ><Y UK" P>�s�+Ts i w, Y. PAASCW IhESK tow " arms= IVTi! O �►COUNTY That w r. a coy oration at as prlacipal, and FIREMAN'S FUHD INS[RAIICE CO. - - - -- - a cesNsatia 1, organised and existing under the law of the State of CALIFORNIA as surety, are held amd finely bowd veto the LMTTY OF CONTRA COSTA State of California, in the sum of 00 00 lawful awsey of the United &tat" of America, for the paymat of which sun wall and truly to be mads to said CQULZ QF rnlTmua r(YZme , we and each of us bled ourselves, our heirs, eaeeuton, - administrators, successors and "*sees. jointly and severally, firmly by them presents. SEALED with out seals and dated this nth day of June 19 L7... . The conditions of the above obligation is such that whereas the above bounden t:i;>c �P.I 1T sboui ,CjLi� _ ^ir;- c: ' tj' --� � �io7 3676 Which shall be a subdivision of a tract of land in said r-ATMTTY r")` rnVmRe r_rlcme . and there ars certain Items for taxes and special assessment collected as taus agalast the tract of land covered by said map. The takes and special assessments collected as taw are not as yet due or payable. Now, therefor*, if the said principal shall pay all of the tangs and special- sssessmsats collected as tax" which are a lien against said tract of land covered by said map at the time of the filing of said ey, them this obligation shall be void and of so effect. Otbearlse it shall in full force and effect. � 1 L E D PRINCIPALx SURETYI AUG1 r q , til. T. PAASCH CLERK 0000 CF SUPERVISCR5 PrPmANrT rnmPAi_rr_ a corporation FIREMAN'S FUND INSURANCE CO ClilTR 057�y COUNTY t GI' _fleo'.Y B v.�ce H. Jenkins, to sy-in-fact STATE OF CALIFORNIA ) COUNTY _UF ) NOTARIAL ACKNOWL[OGM[NT—ATTORNCY IN FACT STATE OF CALIFORNIA On this-.__.lGtk__ day of_____ 19-A------before Marie Delsol of S.S. me, .------_____y_—_---.-----------_ w_____._.......,a Notary Public in and for tYr r ldlnc therein,duly commis, Alameda Bald-.-•--._�—_.----- �•--_.Coon State aforesaid sea' STATE OF CALIFORNIA }SS COUNTY OF Contra Costa ON June 20--- ------- --------------------- ................................., 1967, before me, the undersigned,a Notary Public in and for said County and State,personally appeared ALBERT__T.__SHAW------------------------------------------------_ ....known to me to he the ------Yi:ge.-..President,xs&-------------------------- ----------------- ...........................................-...... ksa=mkoaaatxhods>:*Wcnt>m-X of the Corporation that executed the within instru- ent and the officers who executed the within instrument on behalf of the Corpora- •, TNS RESA OU,,,pr,S ion therein named, and acknowledged to me that such Corporation executed the 7 --t- hpTARY euE;L IC thin instrument pursuant t0 its By-lava Or a Resolution of its Of Directors. oSfA CO.. CALIF. `•..�.� CONTRA C Notary's Signature..................................... COMO"TION ro.s No.I. 'Type or Print Notary's Name..........The.re.sa,...fune.. .undd.e................................. my Comm-.Seca Jur 311970 P7 STATE OF CALIFORNIA COUNTY OFContra Costa ,SS ON-------------------August _ .................... I9.._b7before me, the undersigned,a Notary Public in and for said County and State,personally appeared ........................Hope_Hofmann,. �cnevr>3 orneAo-be-the ... known to me to be the Secretary of the Corporation that executed the within instru- ment and the officers who executed the within instrument on behalf of the Corpora- tion therein named,and acknowledged to me that such Corporation executed the same. /017 Notary's signature.............. ......... CORPORATION ACKNOWLEDGMENT Form No.14 Type or Print Notary's Name_..Jeannette._.M....-Richards................................. *V"=ssion Expires Feb.9,wo a E NOTARIAL ACKNOWLEDOUgHT-ATTORN[Y IN FACT STATE OF CALIFORNIA On this._____'tr•. .dayof_ ?'tigUSt_............._......._........... before :Saris De?sc ...............County OAS S. me,_.__.._....____._- _ ____...._l. . ._..... ..........._.._......,a Notary Public in and for a AlamedS said._-__.____A amer1a---__----County, _......__ County State aforesaid,residing therein,duly commis- , Alameda -•-- - --- sinned and sworn, personally appeared.._..__..__..�__.._..__..__...__..._.._._...__.__...__..._..�.....___.__. known to me to be the person whose name is subscribed to the within instrument as the attorney in fact of FIREMAN'S FUND INSURANCE COMPANY and acknowledged to me that he subscribed the name of FIREMAN'S FUND INSURANCE COMPANY thereto as principal, and his own as attorney in fact. IN WITNESS WHEREOF,I have hereunto set my hand and affixed nay official seal, Alameda =No[Mwptu[ t:{tr:[alss[[e[ranatmN at my office in the said._. ............................County of....._....._.........__... ...... � MARIE 6ELSOL the day and year in this certificate first above written. NOTARY PUBLIC ALAMEDA COUNTY.CALIF. �{[K{[tilt{tp{ti.tl[t{tttiUt{1� "_ Not=Public in and for the._.__.._..___ .---__-__---------_.County State of California. My commission expires.._F'h;�ota^tlsslanEYpi[PSNDYErait 360042-5-65 R I D E R 'SCUD NO. SC 6160449 Effective date: 6-16-67 TO BE ATTACHED TO AND FOMI A PART OF BOND NO. SC 6160449 LEL IT IS UNDERSTOOD AND AGREED THAT F I SUBDIVISION 3676 AUG 151 Q�,-- W. T. PAASCH CLERK BOARD Cf SUPERVISCRS BE CORRECTED TO READ c TR 05. COUNTY By � ��am "4?!tcR BeP+I Y SUBDIVISION 3726 PRINCIPAL: SMMY: 110171SANN CCMPANY FIMIU FUND INSURANCE CO. mes 4J kins, rl,-ody-in-f act ACCEPTED FOR COUNTY OF CONTRAA COSTA j BY: L August 4, 1967 county Recorder G, ft sell, Assistant Clerk of the Hoard Subdivision 3676 (Fox Terrace) Upon the advice of the District Attorney we request that you record the attached Resolution fib. 3236 adopted by the Concord city Council rescinding its approval of the final map for Fox Terrace subdivision 36760 and we ask that you note this action on the asap of said subdivision which was recorded on or about June 27, 1967, GR#bn 4 S . g :7 Mow 7 �... _ • f.• M 0, 1 BEFORE THE CITY COUNCIL Of THE CITY Of CONCORD l�yw-'1 JUL 6 1967 COUNTY Of CONTRA COSTA, STATE OF CALIFORNIA T. AASCH a6 RK• RD OF SUPERVIi01M TRA C TA C0.Ory e tter of Rescinding 2 Approve of Final Map Fox Terrace (3676) R SOLUTION No.- 3236 3 4 WHEREAS, this Counc i 1 did on .lune 26. 1967 approve the Final Map for 5 Fac Terrace Subdivision (3676); and 8 WHEREAS, the territory upon which said subdivision Is located is not 7 within the jurisdictional limits of the City of Concord; and 8 WHEREAS. the City Attorney his recowsanded that said action should be 9 rescinded. ii 10 NOW, THEREFORE, BE IT RESOLVED, that approval of the Final Map of Fac 11 Terrace Subdivision (3676) by the Council on dune 26. 1967 be and it is 12 hereby rescinded. 13 PASSED AND ADOPTED at a regular meeting of the City Council of the City 14 of Concord held on Monday, July 10. 1967 by the following vote: 15 AYES: COUNCILMEN: W. Boggess, N. Kestner. C. Krueger, R. Sher. D. Boatwright 18 NOES: COUNCILMEN: None 17 ASSENT: COUNCILMEN: None li3 •..NNN.•NNNM•.M.M..NM...MNM 19 1 HEREBY CERTIFY that the foregoing resolution was duly and regularly i 20 passed and adopted at a regular meeting of the City Council of the City of 21 Concord held on the 10th day of July. 1967. a 22 24 ANNA M. MRSty. CiC erk 25 26 _ $ 27 28 28 .� 30 Qom"'• �' �1 . 31 32 `� IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Certifying ) that there are no unpaid ) County taxes on property in ) Tract No, 3676 RESOLUTION N0. 67/453 subdivision within the c ty ) liaits of Concord ) WHEREAS, a map of Tract.No. 3676 , which subdivision lies t nt e city lWts o Concord , having been presented to this Board, said map having been certlYied by the proper officials, and being accom- panied by a letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property in- cluded in said map, and that the current 1966-1967 tax lien has been paid in full, and estimate of the 1967-19bU tax en, became a lien on the first Monday of March, 1967, is $1,600; and Hoffman Company, as principal, having filed with this Board a tax bond (Bond No. SC 616o449) in the sum of $1,600, with Fireman's Fund Insurance Co. as surety, guaranteeing payment of the estimated 1967-1968 taxes on property included in said map; NOW, THEREFORE, BE IT RESOLVED that said bond is hereby APPROVED, and the County Clerk is directed to certify said fact re taxes on said map. PASSED AND ADOPTED this 27__th_^_day of June Jo196 ?_, by the following vote of the Board: AYES: Supervisors James P. Benny, Alfred M. Dias, James E. Moriarty, Thomas John Coll. NOES: None. ABSENT:. Supervisor Edmund A. Linscheid. RESOLUTION NO. 67/453 Form #23.1 I HEREBY CERTIFY that the foregoing is a true and correct_ copy of a resolution entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this .2-7 /1'—' day of t>)Ycwe, 19,E W. T. PAASCH, CLERK By r Deputy Clerk Is STATE OF CALIFORNIA SS COUNTY OF Contra Costa ON_.... June 20 .... ....... ...... ......... .............................. 107, before me, the undersigned,a Notary Public in and for said County and State,personally appeared ......ALBERT-TA-SHAY-_-_-------_-------------- ... ............ .known to me to be the .. ......... .. .....Xic.e.n..President,igz&...................•---...-.-.------..._...... ....... ...... .............. kzaw=zi=Ktodwdt=*WnAw*of the Corporation that executed the within instru- nt and the officers who executed the within instrument on behalf of the Corpora- R TMFESA JUNE DU' 'on therein named,and acknowledged to me that such Corporation executed the 0,Tj,,ny PuSLIC t N_ CALIF. ithin instrument pursuant to its By-laws or a Resolution of its of,Directors. C0%TRA COSTA C)- . Notary's Signature..__.. CON10"TION ACKNOWLIDGMEW Forra No.14 Type or Print Notary's Name..... I*he_Cr_,e�s uada.s_____................... July 3, 1970 .......... MARIE DELSOL 14 ........ NOTARY PUBLIC Alaneds AM""PIA COUNTY.CF. Notary Public in and for the---.------ -----County of................................. state of California. mycommission expires 360042-5-65 STATE OF CALIFORNIA }SS COUNTY OF Contra Costa. ON.. June.20 .............................................................------, 107, before me, the undersigned,a Notary. Public in and for said County and State,personally appeared { .....ALBERT_3.1 HAW ...known to me to be the ..Vice.-.President,as&-------- --- ------- ---- --- - ------------ .........-------------------------- --- kzou=kij= ctodwcdaeilezzftaxof the Corporation that executed the within instru- ent and the officers who executed the within instrument on behalf of the Corpora- doo pUtipaS THERESA JUNE on therein named, and acknowledged to me that such Corporation executed the NOTARY PUS Jr- ithin instrument pursuant to its By-laws or a Resolution of its of Directors. CONTRA C'-)STA CO CALF. Notary's Signature.... ................I �... .. COf►O�ATON ACKNOWLEDGMENT Form No.TType or Print Notary's Name..........Tr he. e.aa...fune-. unda.S................................. My Ccmmts9;an July 31 1 M E, w. NOTARIAL ACKNOWLEDGM[NT-ATTORNEY IN FACT STATE OF CALIFORNIA On this-..._l# __.__._____.day o!_.__- .._...-..___.._. ._.__........_., IVAI.—before xerLo Dapl a Nota Public in and for _ County of�S.S. me, __.__.___________._.._�._._-----....._._.. _.-------•-•-------_--• . Notary ♦l�ft said.__..._Alma _.- _County.-_County,State aforesaid,residing therein,duly commis- sioned and sworn, personally appeared......___.J __;4_.JMWAP...___...____.-._._.__.____. known to me to be the person whose name is subscribed to the within instrument as the ' attorney in fact of FIREMAN'S FUND INSURANCE COMPANY and acknowledged to me that he subscribed the name of FIREMAN'S FUND INSURANCE COMPANY thereto as principal, and his own as attorney in fact. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal, at my office in the said..... ................._•---..-_.--..........County of.-..-....-.........A1aneft._._........._ the day and year in this certificate first above written. � -. t::rr•.r.rrrr:aernprprnnreo� -s� PhARIE DELSOL s <=__ : T.0iARY PUQ - '.. ............................................ ALAI.iCOA COUNTY, t 1 C 2 Ca+rrr� tutnnnuruauurtttrtu>,rusrrt�rNotary Public in and for the_.._._............________..-_.-.County of __.....Ahm� State of California. v 91y commission expires......... dtg.... 360042-5-65 A TAX BO JID F1LED BQID 110. SC 6160449 JUN 2? I96� KNOW ALL WN BY THESE PRESENTS: V1r: T. 271967 CLERK ROAR d SUPERVISORS LNTR CO TA COUNTY That we. a corporation 9i QrurcG O�ppty as principal. and FIRMA11'S FUND INSMANCE CO. " • Lane organized and existing under the Iwo of the State of CALIFORNIA as surety. are held and firmly b&md unto the F CONTRA COSTA State of California, in the sum of 00 Dollars (S 1-600-no ) , lawful mosey of the United States of America, for the payaeat of which sum well and truly to be as" to said COUNTY OF rnnTmRn rnSm� . we and each of us bind ourselves, our heirs, orcuters, administrators, successors and assigns, jointly and severally, firmly by those presents. SEALED with our seals and dated this16th day of June It 67 . The conditions of the above obligation is such that whereas the •bow bounden principal is about to file a map entitledsubdivision 3676 which shall be a subdivision of a tract of laid is said I"ATmTmv M r+numne rngmn , and than ove certain lists for tams and special assessment collected as taxes against the tract of lard covered by said map. The taxes and special assessments collected as tars are not as yet due or payable. Now, therefore, if the said principal shall pay all of the tames and special assessments collected as tame which are a lien against said tract of land covered by said map at the ties of the filing of said map, thea this obligation shall be void and of no effect. Otherwise it shall cousin in full force and effect. PRINCIPAL i SURETY: HnT?MAM! MMPAAly_ a corporation FIREKAN'S FUND INSURANCE CO*Rve B . (f,Gc2 W. Jenkins. to ay-in-fact STATE OF CALIFORNIA ) (aa. COUNTY OF ) being the Surety named in the foregoing bead, being duly sworn, sayso That is a freeholder and resident within said State and is worth more than said sum of Dollars, over and above all debts and liabilities, exclusive of property omsapt from exacutien. f Subscribed and sworn to before sa this _ day of 19 A Notary Public for said County and State EMMETT HITCHCOCKTLS -SLORRAINE K.'PLAN2 COUNTY TREASURER.TAX COLLECTOR PRINCIPAL CLERK TAX COLLECTOR'S OFFICE PHONE 225.3000 EXT. 383.JSS-367 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA FIRST INSTALLMENT OF TAXES DUE AND PAYABLE DELI ON THE FIRST DAY OF NOVEMBER ON THE TENTH DAY DAY OF APRIL SECOND INSTALLMENT OF TAXES May 10, 1967 SECOND INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF DECEMBER FRECEIVED JUN 2 7 1967 t W. T. r AASCH CLERK BOARD OF SUPERVISORS CO'VTRA OSTA CO. Deputy This+will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 3676 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current -,aAf—K,,7 tax lien has been paid in full. Our estimate ofht e 1967-68 tax lien, which became a lien on the first Monday of March L 19_67. is = 1,600.00 . ffi ETT HITCHCOCK Redemption Officer f By: ijDeputy dl • IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA August 2,5.-_ 19 7 A In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 37�7 ) Stone Valley Area Deposit: $500 ) Auditor's Permit No. 75638 ) Dated July 25, 1969 ) Refund to: Transamerica Title ) Insurance Company ) 1322 North Main Street ) Walnut Creek, California ) On July 29, 1969 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date. for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 25th day of August , 197 0 W. T. PAASCH, CLERK cc : Public Works (2) Subdivider BY GCz�i-� . �h Deputy Clerk Anne M. Mc orle DILLING INSURANCE SERVICE representing POST OFFICE BOX 8 - DANVIIXE, CAUFORMA 94526 THE TRAVELERS TELEPHONE: 837-7251 INSURANCE COMPANIES September 24, 1969 RECEIVED Tax Office _ Contra Costa County `.:r.i'ZS l'InJ Finance Building W. T. P A A S C H Martinez, California CLERK BOARD OF SUPERVISORS C N A COSTA CO. By �Lt � Dep-124 uty '3 2, Re: Richard F. Kellner & Stewart E. Stellmacher National Surety Corp. Bond #616060 Tax Bond Gentlemen: This letter is to notify you that the above numbered bond was incorrectly numbered. Would you please correct your records to show the bond number to read 6160610. Sincerely yours, DILLING INSURANCE SERVICE Robert A. Dilling � 1w c.c. Fireman's Fund American Ins. Co., Bond Department 3901 Broadway Oakland, California 94611 4 1 IN THE BOARD OF SUPERVISORS I OF I CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the natter of Approval of ) Subdivision Map and Completion ) of Improvements in Subdivision ) RESOLUTION NO. 69/492 3727, Stone Valley Area, j Work Order No. 6718. WHEREAS a map entitled Tract 3727, property located in the Stone Valley area, has been presented to this Board for approval, t said map having been certified by the proper officials and being i accompanied by: Letter from the Redemption Officer stating, that there ; are no unpaid County taxes heretofore levied on the property included in said map, and that the 1969-1970 tax, which became a lien on the first Monday of March, 1969, is estimated to be $1500; I Subdivision Agreement between H. L. Garibaldi and William J. MacDonald, c/o William MacDonald, 188 Hartz l Avenue, Danville, California and the County of Contra Costa l for a one year maintenance and satisfactory performance period ending July 29, 1970; A Performance and Maintenance Bond issued by Great American Insurance Company (Bond No. 283 92 69) in the amount of $1060 and a $500 cash deposit (Auditor's Receipt No. 75638 dated July 25, 1969) as required by Section 8429 of the Subdivision Ordinance Code as amended; Tax Bond (No. 616060) issued by National Surety Corporation in the amount of $1500 guaranteeing payment of estimated 1969-1970 tax; and !.4HEREAS the Public Works Director has notified this Board of the completion of improvements in Subdivision 3727, Stone Valley area; NOW, THEREFORE, BE IT RESOLVED that the improvements in said subdivision. have been completed. BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and Supervisor J. E. Moriarty, Chairman of this Board, is AUTHORIZED to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements shown thereon as dedicated to public use. PASSED AND ADOPTED this 29th day of July, 1969, by the follow- ing vote of the Board: AYES: Supervisors Thomas John Coll, Edmund A. Linscheid, James E. Moriarty. NOES: None. ABSENT: Supervisors James P. Kenny, Alfred M. Dias. RESOLUTION NO. 69/492 -I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this day of July W. T. PAASCH, CLERK By a," .�q7- 2 B Anne M. McSorley Deputy Clerk cc: Recorder Public Works (2) Auditor Subdivider RESOLUTION No. 69/492 PUBLIC WORKS DEPARTMENT • F. R. BROWN VICTOR W. SAUER CONTRA COSTA COUNTY CHIEF DEPUTY PUBLIC WORKS DIRECTOR PUBLIC WORKS DIRECTOR 6TH FLOOR. ADMINISTRATION BUILDING ROAD COMMISSIONER-SURVEYOR MARTINEZ. CALIFORNIA 94553 R. O. BROATCH TELEPHONE 228-3000 DEPUTY PUBLIC WORKS DIRECTOR July 28, 1969 Subdivision 3727 " CEA D 1969 Honorable Board of Supervisors W. T. P A A S C H Administration Building CLERK BOARD OF SUPERVISORS 0 kT ST CO. Martinez, California 13y%= T S� Deput4 Gentlemen: There is submitted for your approval the map of Subdivision 3727 in Supervisorial District ITT in the Stone Valley area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Performance and Maintenance Agreement. Expiration date of one year time limit for completion is July 29, 1970. 2. A Performance and Maintenance Bond in the amount of $1060 and a $500 cash deposit (Auditor's Receipt No. 75638 dated July 25, 1969) which were required by Section 8429 of the Subdivision Ordinance Code as amended. 3. Letter from Tax ODIlector's Office stating that there are no unpaid County taxes on the property, and that the 1970 tax, which became a lien on the first Monday of March, 1969, Is estimated to be $1500. 4. Tax Bond in the amount of $1500 guaranteeing payment of estimated 1970 tax. The map is submitted for filing by the Transamerica Title Insurance Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAUER Public Warks char By Assistant Public Works Director JP:sc FAghway Planning cc: Title Company Planning Department Construction Division EMMETT HITCHCOCK ALFRED P. LOMELI COUNTY TREASURER-TAX COLLECTOR OFFICE MANAGER TAX COLLECTOR'S OFFICE PHONE 226.3000 EXT. 2384.2385.2386 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 FIRST INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF NOVEMBER C �L ON THE TENTH DAY OF DECEMBER SECOND INSTALLMENT OF TAXES July 15, 1969 SECOND INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF APRIL IF THIS TRACT IS HOT FILED BY OCTOBER 319 1969, THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 3727 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1966-69 tax lien has been paid in full. Our estimate of We 196 tax lien, Which became a lien on the first ch,1969 , is $ 19500.00 EMEM HITCH CK Redemption 0 cer By: p6outy dl R �a fy +L State of California } County of Contra Costa} ss. On this 16th day of July, 1969, before me, the undersigned, a Notary Public in and for said County and State, personally appeared ROBERT A. DILLING, known to me to be the person whose name is subscribed to the within instrument as the Attorney-In-Fact of National Surety Corporation, the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation and acknowledged to me that such corporation executed the same as principal and that he subscribed his own name as Attorney-in-Fact. •tau,s:tnzs a"N"!" c:r L. C st><r, Notary c in and for said County and Sta CA20 " .,3E 13ERG �� i.. Nvc,itfV t NOTA,:*( �'r• [.ti.-CALIFORNIA � COUNTY OF C!L`ITR1 COSTA '••' MY Camn�czt��Czptrai FeSru,ry I6,1473 _ ltit!!t!!!!!tltttti:,tlt!'.at:J'_ ' 7.`t7tttt/tttlttltttta F. F. ix ,FS STATE OF CALIFORNIA COUNTY OF Contra Costa (S$ CN-..... Snly b-••--....•--•................. .............................. I9.b9, before me,the undersigned,a Notary Public in and for said County and State,personally appeared RICHARD F. KELLNER and STE WA RT E, nQt�es:rsasQQ:ars:ttta:nttwQ�__-• STELL MA CHE R OFFICIALSEA ......... .............-......._.............. ................. [�GEREt\IBERG s C-Al! ORNA _known to me to be the persons.. whose name.S.---are........subscribed to the within C CO%T R4 COS7-4 My - cz $ftDmaq li.1973 y RjlRltQtflitLift;,S,;S;tt;_.It1;;t1E2Ft2lttiititttit3itQit.'Iinstrument,and acknowledged to at-t..he.y xecuted the same. Notary's Signature..................... ......... ........ .:.... ......... . ... .... .. ....................... GENERAL ACKNOWLEDGMENT Forra No.16 Type or Print Notary's Name.................................................................. ............................... 's 1 Bond No. 616060 TAX MD /;NON ALL !EN 8Y THESE PRESENTS: That we. Richard F. Kellner and Stewart F. Stellmacher as principal, and National Surety r rnorration a osrPetatiss. organised and existing under the laws of the Stats of mew York " surety, ars hold and firaly bosed into the COUNTY y rTT-RA COSTA Stag of California. in the sum of Me Thousand Five Hundred and o Do Q 1.500_00 ) . lawful mossy of the United States of Armes, for the payment of which sum well and truly to be mads to said COTINTY OF CONTRA CnsmA . we and each of us bind ourselves. our heirs, ewcutols. administrators, successors and assigns, jointly and severally, firsly by these presents, SEALED with our seals and dated this 16th day ofi�l 1942.. The conditions of the above obligation is such that whereas the move bounden principal is about to file a map entitled Subdivision 3727 which shall be a subdivision of a tract of lard is said County of Contra Costa , and there ars certain liars for taxes and special assessment collected as taws against the tract of land covered by said map. The takes and special assessments collected as tsars are not as yet due or payable. Now, thereforel if the said principal shall pay all of the taxes and special assessasats collected as taxes which are a lien against said tract of land covered by said map at the time of the filing of said sap, thss . this obligation shall be void and of so effect. Otherwise it shall remota in full force and effect. PRINCIPALIG SURETY: Natio ety Corporation RI -ARD F. Robert A. Dilling Attorney in Fac!/`7 STEWART E. STELMACHER STATE OF CALIFORNIA ) ' COUNTY OF ) being the Surety nased in the foregoing bend, beta& duly swots, sayss That is a freeholder and resident within said Stats and ils worth more than said sus of _ Dollars. over and above all debts and liabilities, exclusive of property ww"t from execution. Subscribed and sworn to before ms this day of . 19_�� A Notary Public for said County and State SUBDIVISION AGREEM�'NT §1 ) Suadi.visi_on•�2� §1) Subdividter: g. L. Garibaldi and ,.iLam J. MacDonald 1 Effective Dz,.te: .n�1Ti6, 1Q6L_�_. " J1 Naintenance Period: .z9 X70 §41 Deposits : A. (cash) 500. B. (concis, etc. ) 1. (faithful perf. & maintenance) $_-i'C(a�Q0 1. PARTIES &: DATE. Effective on the above date, the County of Contra. COSta, Cali_�ornia, hereinafter called "Count;;", aid the abo?!e-rlameCi Subdivider, mutually promise and'agree as follo:•rs concerning this subdivision: 2. WIPROVEIMENT WARRfU-ITY Subdivider warrants „chat the road and street Improvemeits,tract drainage, street sins, and ail other public improvements were constructed, installed and completed in this subdivision in a manner equal or superior to the requirements of the County Ordinance Code, espec Lally Division 4 of Title 8 (Sections 8400 and following) . 3. GUARMTES' & ILkI ;TENANCE. Subdivider guarantees that the afore- said sabdivision ir:inrovements are and ::ill be free from defects and will perform satisfactorily in accordance :kith Coulity Ordinance Code; "nd he shall emainta:*1 the improvements for one year after the date of this acrreement ac-alast any defective :':orna«nship or materials or any u-isat'_sfaci:ory performance. 4. IMPROVEMENT SECURI'L_: DEPOSIT & PONDS. Upon executir:g this Agreement, Subdiviaer srall deposit as security with the County: A. Cash: X500 cash; together witri . . . . . . . . . . . . . B. Bond, etc. : (1. Faithful Performance) additional security for at least the above-specified amount ;n the form of a cash deposit, & -certified or cashier's check, or an acceptable corporate su.ret bond, guaranteein;, his faithful performa;,ce of this agreement and maintenance of the for one year of ter the date of this agreement against any defective workmanship or materials or any unsatisfactory performance. 5. NO t•;AIVER BY COUNTY. Inspection of the improvements and/or materials, or approval Ji imgroveirel,ts and/or 71ate7'ials inspecte^ or statement by any officer, agent or employee of the County indicat - ing the improverients or any part thereof complies ..-ith the require- ments of this agreement, or acceptance of the whole or any part of said ialpraveyn?ents and/or materials, or payments therefor, or any combination or all of acts, small not relieve the Subdivider of his obi i`at ion to fulfill this contract as prescribed; nor shall the County be thereby estopped from, bringing any action for damages arising from the failure to colic?.y ,Ath any of the terns and conditiorns hereof. 6. MD EMITY. Subdivider shall hold harmless and indemnify the inde-innitees _Prom the liabilities as defined in this section: A - Thi 2. ?'. c:.._`_lteeS b?n _-Ltte,i r�'.7 i`.a':ted by tris p 1-7:GLSE.. are the C.Ounty, and its spez?al dis:.r'_ci:S eie--tiL'e anll atcointi.ve boary., commissions, officers, va vents an'" employees ; 1 ii i` i s protectedago ' �. y any liability or claim B - Th. iab k e � ,. _ s em are for dama-c of a;,J nil.: a7.le�.e 1�; s,;.fTere.-; incurred or threa`ened because of actions t'Ae ine�,4 be-13,rl, an a inc iz J-:; personal L.^.Jtsr , death, property d magr . '_rverse ccndemna�:on, or any combifnation, of and rt---ardless ^,i .:�' h_r or nc"- sU h l;abi.lgty, :lalm or -1- damage was unforeseeable at any time before the County approved the subdivision map or accepted the improvements as completed, and includ- ing the defense of any suit(s), action(s ) or other proceeding(s) concerning these; C The actions causing liability are any act or omission (negli- gent or non-negligent)-_17--n connection ;ith the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section Is not conditioned or dependent on whether or not any Indem-nitee has prepared, supplied, or approved any plan(s ) or specification(s) in connection with the improvements.or subdivision, or has insurance or other indemnification covering any of these matters. 7. COSTS. Subdivider shall pay or have paid when due all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 8. NONPERM.TMANCE AND COSTS. If Subdivider fails to maintain the work and improvements during the time specified in this agreement, County may proceed to maintain them by contract or otherwise, and Subdivider shall pay the costs and charges therefor immediately upon demand. If County sues to corapel performance of this agreement or recover the cost of maintaining the improvements, Subdivider shall pay al-1 reasonable attorne;ys ' fees, costs of suit, and all other -xpenses of litigation incurred by County in connection therewith. 9 ASSIGMMENT. If before the completion of the maintenance period, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and any deposit or bond securing them. 10. LABOR & :+LQTLRIALS, .-LAR_R.ANTY. Subdivider further warrants that the claims and liens of all persons, contractors and subcontractors furnishing labor or materials for the installation of said improve- ments in the subdivision have been satisfied. The Subdivider agrees to satisfy any valid claims or liens of labor and materialmen as to the said improvements and subdivision appearing hereafter upon demand by the County. 11. RECORD MP. In consideration hereof, County shall allow Sub- divider to file and record said subdivision map, and recognizes this subdivision as one complying with Scate laws and County ordinancr:s. COUNTY OF CONTRA COSTA SUBDIVIDER: (see note below) By a rman, Boar Supervisors ATTEST: W. T. ASCH, County Desi ate off PAicial capaci: y CFeei-k & ex officio Clerk of the business) the Board Al� Note to Subdivider: (1) Precuts Y :' ac�c::or:iedgr, ent form below; a.nd -- Deputy (c ; f. a corpo_•ation, attach a certified copy of (a) the by-laws or (b) the resolution of the Board FOR4 APPROErED: JOPi A. Y;EJEDLY of Directors, authorizing execution District'; Attorney of this contract and of the bonds required hereby. BES Dep a Gy STATE OF CAUFOI NIA 1 sS COUNTY OF Contra Costa f ---------•--------------------- 19.b4,before me,the ON.............. July-1 Personally appeared public in and for said County and State,pe undersigned,a Notary MAC DONALD..._.._. - ...............-H'--L'-'--(„ARIBA LDI__.and._.W.•_J•_..........------._........_._._._. �tntnumttnusrarressst .. ........................... ...------••_..... ., nFricu.L st:nL s_..are._.-_.subscribed to the within CAR0LE L.. NOERENBN ERG rsons.. whose name_.._ � known to me to be the pe �.�,. f- ^t;c-c�s.;ron;v:A ex Same. �1 Y COY :,F CONTR1 COSTA they. C c s ,My Comm;a_:,n Fspires FO�ruw 16.1973 instrument,and acknowledged to iillriKatala3rL;taLG.::L:15ffi11ttittttrtttStttal s.S16natu.............................. ... ... Noteri •••-• "- tiENERAI ACKMOWLMOMENr Type or Print Notary's Name'..................... Form No.16 t f' State of California ss. (Acknowledgment by Corporation, County of Contra Costa partnership or Individual w, On July 16,1969 , . the person(s) whose name(s) is/are rr. signed above for Subdivider and who is knot-in to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. . Notary Public for said County and State YdW:pk F1 L PAASCH StERK xou�fl Ct 8;1llavrsarts TA' TY '`..`' '^....----. •. Copley ' STATE OF CALIFORNIA ss. County of San Francisco On this I 15TH day of JMY , in the year ON Thousand Nine Hundred and Sixty NineHELEN WM" before me, a Notary Public in and for said state, personally appeared STH R. HUCKABBAY known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-Fact of the Great American Insurance Company, and acknowledged to me that he subscribed the name of the Great American In- surance Company, thereto and his own name as Attorney-in-Fact. Notary lloRaew� �M11Ar1!A HflQ1 W Aly Commission expires T` #01AWY F UZ` ,U;)MA I Cwt b Ccuxiy CF s w( AmascD N SISEA 12-"(CALIFORNIA ACKNOWLEDGEMENT FORM) �=' My Caw.wien Esp:us May 2a, 1971 E : - BOND NO. 283 92 69 PREMIUM: $16.00 �matAmrrk= &W.=t SUBDIVISION PERFORMANCE BOND �$ock KNOW ALL MEN BY THESE PRESENTS: THAT WE, 1kcDONALD & GARIBALDI of Danville, , California as Principal and GREAT AMERICAN INSURANCE COMPANY, A Corporation organized and existing under the laws of the State of New York and duly authorized to transact business in the State of California, as Surety, are held and firmly bound unto the COUNTY OF CONTRA COSTA in the full and just sum of ONE THOUSAND SIM AND NO/100 - - - - - - - - - - - - - - - - - - - - ($ 19060.00 ) DOLLARS, lawful money of the United States of America, for the payment whereof well and truly to be made, said Principal and Surety bind themselves, their successors and assigns, jointly and severally, firmly by these presents: THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT, WHEREAS, Principal has entered into or is about to enter into an agreement with CO19MA COSTA COUNTY covering the installation of improvements for that certain subdivision known as #3727, GREEN VALLEY ROAD, DANVILLE, CALIF. , and said Principal is requir- ed by the said CONTRA COSTA COUNTY to give a bond to guarantee the Performance and completion of said Improvements. NOW, THEREFORE, if the said Principal shall well and truly perform the agree- ment hereinabove specified, then this obligation shall be null and void; other- wise to remain in full force and effect. THE SURETY DOES HEREBY consent to any and all alterations, modification and revisions to the agreement secured by this bond including, but not limited to, any extensions of time for performance which may be agreed upon by and between the COUNTY OF CONTRA COSTA and the Principal. The surety does hereby waive notice of any such alterations, modifications, and revisions. IN WITNESS WHEREOF, the signature of the principal is hereto affixed and. the corporate seal and anme of the Surety is hereto affixed and attested by its duly authorized attorney-in-fact at SAN FRANCISCO, CALIFORNIA this 15TH day of JULY , 19_ 69_. MagDONALD &EARIBALDA BY RE AMERICANMPA TH R. HUCRABAY, Attorney-in-Fac a iP F.140375 GREAT AMERICAN INSURANCE COMPANY The number of persons authorized NEW YORK, NEW YORK by this poser of attorney is not No. &6883 more than FOUR POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized and existing under and by virtue of the laws of the State of New York, does hereby nominate. constitute and appoint the person or persons named below its true and lawful attorney-in-fact or attorneys-in-fact, for it and in its name, place and stead to execute in behalf of the said Company, as sure.y, any and all bonds, undertakings and contracts of suretyship: provided that the liability of the said Company on any such bond, undertaking or contract of suretyship ex- ecuted under this authority shall not exceed the limit stated below. Name Address Limit of Power LEONARD W. MCCHESNEY ALL OF ALL UNLIMITED RICHARD C. MORRALL SAN FRANCISCO, CALIFORNIA CLARK W. GILBERT KENNITH R. HUCKABAY This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above. IN WITNESS THEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 2 day of August 19 67 Attest: GREAT AMERICAN INSURANCE COMPANY maw:A'I► Secretary Executive Vice President STATEOF NEW YORK, COUNTY OF NEW YORK - ss: On this 2nd day of August, 1967 , before me personally appeared RICHAR.• A. L'iDECKER, to me known, being duly sworn, deposes and says that he resided in the County of Essex, State of New Jersey, that he is the Executive Vice President of the Great American Insurance Company, the Company described in and which exe- cuted the above instrument; that he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed his name thereto by like authority. GT•v � NOTARY PUBLIC. STATE OF NEW YORK •'~ • • - NO. 60 0273850 We STC.CSTLN COUNTY G C[NT. rIL90 IN NCw Veen COUNTY i; p..it COMMISSION 631PINL5 M.MC. 20. 1046 This Power of Attorney is granted under and by authority of Article 1V of the By-Lass of the Company, extracts of which read as follows: ARTICLE IV. Officers: Powers and Duties. Section 4....The President...shall also have power and authority,from time to time. to appoint and fix the compensa. tion of one or more attorneys-in-fact, to prescribe their respective duties and the respective limits of their authority and to revoke any such appointment. at any time. in his discretion. Section 5....the several Vice Presidents...shall act. in the order of their appointment, in the place of the President exercising all his powers and performing his duties. during his absence or disability. This Power of Attorney is signed and sealed by facsimile under and by authority of the-following Resolution adopted by the Board of Directors c: the Great American Insurance Company at a meeting duly called and held or. the 5th day of May, 1965. RESOLVED. that the signature of any officrr authorized by the By-Laws and the Company seal may b.�affixed by facsimile to any power of attorney and revocation of any power of attorney or certificate of either given for the execu- tion of any bond, undertaking. or con:ract of suretyship, such signature and seal, when so used beims hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upen the Company with the sane force and effect as though menually affixed. CERTIFICATION 1, V31-LIA,II G. FETTIS, JR., Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of Attorney, the above quoted abstracts of Sections 4 and 5 of Article IV of the By-Laws, and the Resolution - of the Board of Directors of May 5. 1965. have no: bcer, revokes: and are now in full force and effect. Signed and scaled this 15TH day of JULY 19 69 d: � Sencr.try lot M the Board of Supervisors of Control Costa County, State of California December 4 . 19 k*A MANor 4f Authorizing Refund of Cash Deposit, Subdivision 3730, Danville Area. On November 13, 1973 the Public Works Director having requested the Board to authorize the refund to Tartan Building Company, 1196 Boulevard Way, Walnut Creek, the $500 cash deposit for Subdivision 3730 as evidenced by Auditor's Deposit Permit No. 69271 dated October 23, 1968 , and the $400 cash deposit as evidenced by Auditor' s Deposit Permit No. 96346 dated January 24, 1972; and The Public Works Director this day having reported that said request was in error; NOW, THEREFORE, on motion of Supervisor J. E. Moriarty, seconded by Supervisor J. P. Kenny , IT IS BY THE BOARD ORDERED that its action approving the request of the Public Works Director is RESCINDED. IT IS BY THE BOARD FURTHER ORDERED that the Public Works Director is AUTHORIZED to refund to Prospect Hill, 545 South Murphy Avenue, Sunnyvalle, California the $419.45 cash deposit as evidenced by Auditor's Deposit Permit No. 69271 and refund to Tartan Building Company the $400 cash deposit as evidenced by Auditor's Deposit Permit No. 96346. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, A. M. Dias. NOES: None. ABSENT: None. 1 hwriy =HVy dw* the farpoi�q b a tm and corned copy of m din wMwW an Nie mb"of said %@W of Supervisan on the dab afior waid. cc: Public Works Director Vft� sN band and the Seal el dw§wd of —Prospect Hill Tartan Building Company affixed this 4th day of December... 1973 J. R. OLSS 0 VIXAXANWomx3erk ill �• 9� 9-� Mildred 0. Ballard M 24 Spy-ISM IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA November 13 197 3 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 3730, Danville Area ) ) Deposits: $500 and $4O0 ) Auditor's Permit Nos.69271 and 96348 Dated October 23, 1968 and ) January 24, 1972 1 Refund to: ) Tartan Building Company ) 1196 Boulevard Way ) Walnut Creek, California 94595 ) On October 28. 1969 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. The foregoing order was passed by a unanimous vote of the Board. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 1 th day of November , 1973 . cc: Public Works (2) W. T. PAASCH, CLERK Subdivider /JI �, BY hd-�� i�l��%��tG�(' , Deputy Clerk Helen C. Marshall IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the I4atter of Completion ) of improvements and declaring ) certain road as County ) RESOLUTION INTO. 69/708 road , Subdivision 3730. ) Dnilllo Area, Mork Oaf 6724. ) I4HEREMS the Public Works Director having notified this Board that oo wimetion or Improvements have been completed in Subdivision 3730, D=142]Lo area, as provided in the agreement heretofore executedd by this Board in conjunction ' with the filing of the subdivision map; N014, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of estab- lishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement ?met 3730, OW N 41110 area Ostebe r 29, 1968 (hirsu a's Fmd ft" !b. s!0 61%613) M It !D2'! It VM that Ow $500 eash 1Nd is IMA= !ler ar rear is 08Mir aoso %lith s estisa 8429(1 or wo os a> o Oado. BE IT FURTHER RESOLVED that the hereinafter described road , having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same � accepted and declared to be a County road_ of Contra Costa County: moi! 0�h? (32/52/0.06 all*) as elms and dedisated ft!r publis use w aw M! or &ANIVisiw 3730 Mod 0stsb ar 30, 1968 is Seek 124 of daps at pq 45. Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 28th day of Getsber . 1961.o by the following vote of the Board: AYES: supervisors J. P. Remy, ♦. M. Dist, 8. w. Li eheid, J. B. Moriarty. NOES None. CERTIFIED COPY ! ..slily that(A;#it a lids, lru. &vorr.ot copy of Ijo ABSENT: Supervisor T. J. Coll. ,ri3;gar doc--, -hi:h ;, fd, ;,, my a11ic.. ,hot.!.a,pa,nFr fs`o_o:rrJ i.v th, A,ard o1 sup.r- •ison ontrf,mho on A- late•ho... -:Ill+.:is Ir. i. .i rl JC rt .aunty clot; RESOLUTION NO. 69/708 & ar ali;a;a -1-1 a1 .a;d Board 01 Bupsrvioar.,b, J.prly dark. Foam 23.3 6/68/200 »•••�••-••�••• ••• cc: Subdivider Publio Works (2) Auditor In the Board of Supervisors of Contra Costa County, State of California September 10 , 19,, 69 In the Mader of Exoneration of Tax Bond on Tract 3730, Danville Area. The Office of the County Tax Collector having advised that county taxes for the fiscal year 1968-1969 on property included in Tract 37301, Danville area, have been paid in full and said office having requested that the tax bond (No. SC 616612)9 issued by Fireman's Fund Insurance Company in the amount of $1,800 with Prospect Hill Building Company, a corporation, as principal, be exonerated: NOid, THEREFORE, on notion of Supervisor T, J. Coll, seconded by Supervisor E. A. Linscheid, IT IS BY THE BOARD ORDERED that the tax bond as set forth above be and the same is hereby EXONERATED. The foregoing order was passed by the following vote of the Boards AYES3 Supervisors J. P. Kenny, A. No Dias, T. J. Coll. E. A. Linscheids J. E. Moriarty, VOES: None. ABSENT: None. 1 hereby certify that the foregoing is a true and comet copy of an order erMered on the mbwW of said Board of Supervisors on the date aforesaid. Witness my hand and the Sed of the Board of Supervisors cc: Tax Collector affixed :his 10th day of 3eptemberl9 , 69 Redemption Officer W. T. PAASCH, Clerk Auditor Fireman's Fund BY W)1�.�1Z Deputy Cleric Insurance Company Anne M. McSorlT7 H 24-5/a-IOM <z o NO o CPI- �"� cd< C O OCaz i 41W- • +'1 • 4.J� z p, LL O • W -i-sm ca 4 O W c 0>s Vklj-C o > d O W faz u _aFd lA "4 I Oz� O r -W O M A W {� OCA CL IL O, -4 C N W FF= * 2z3< 4q 1 � HF F yl+l LLILN h IVO. ow Ta O b sod r R _;N og •t . LUYL bu i l d O n o - IINMIYq. �AtMO/IMA1 , TWIIIOMI {II! Nhnit+ RECEIVED Contra Costa County Tax Collectors Off:*-co W. T. PA A S C H Martinez, California 94553 CLERK BOARD OF SUPERVIGORS CONTRA TA CO• D.Put 8Y Gntlemen: Please release Prospect bill 3uildinW Co. from bonding obligation on Tract #37301 Danvilaes California. 111 taXsa haw been paid for year 68/69 under tax bill 66047/196-403.-WW, Yours trU37,- eaneth M. � i IN THE BOARD OF SUPARVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 37309 Danville Area, RESOLUTION N0. 68/751 WHEREAS a map entitled Tract 3730 , property located in the Danville a , having been presented to this Board for approval, said mapung been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1967.1968 tax lien has been paid in full, and estimate of the 1968.1969 tam: lien, which became a lien on the first of March, 1968 is #1,800= and Letter Praia the Public Yorks Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4, Title 8, of the County Ordinance Code; Surety bonds issued by Fireman's Fuad Insasanes Company with Prospect Hill Building Oompany, a corporation, as principal as follows: No. SC 6186613 in the amount of $8,300 for Faithful Performance, and $8,800 for Labor and Materials; Cash Deposit (Auditor's Receipt No, 69271 dated October 239 1968) in the amount of $500; Bond Against Taxes (No. SC 6186612) issued by Fireman's Fund Insurance Company in the amount of $19800 guaranteeing payment of estimated 1968-1969 tax; Inspection Fee in the amount of $440j and Subdivwtsion a eement between Prospect Hill Build C y, a corporal on, 54y�South Murphy Av5KMg SMEYVAleg rsL3zo=j&e subdivider and the County of Contra Costa, wherein said sub- divider agrees to ccaplete road and street Improvemtents# etc., in said subdivision within one year from the date of said agreement; (Mober 29;' 1969) RESOLUTION N0.68/751 Form #E23 NOW, THEREFORE, BE IT RESOLVED that said bonds deposits and the amount* thereof be and the same are ere APPROVED. BE IT RMTHER RESOIMM that said subdivision agreement be and the same Is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and. th i�``r. Board doer no accept or reject on behalf o&thc�ubli a] o�% the streets, roma, avela ws or iasewsats shorn re as dedicated to public we. PASSED AND ADOPTthis 29th day of October ED 19 68. by the following vote of the Hoard; AYES: Supervisors Jaaea P. Kenny, Jaws Be Moriarty, Thomas Jobst Coll, Edmund A. Linsoholds Alfred M. Dias. NOES: Mona. ABSENT: Kone. -TU TIT the ^n :3i t y•i 9 � r ,;'T!"' .7 nna�.y,�f rrlc.'{ .ej Ct'1 :f- Zy 1 r: j:r na1."t L✓ at'alw.ro �21 fttc^ G.1¢C sLrC: ]. i!1. St: CUtICF�C' cierk E e:i-cif, c:2r.:of saidBorzrd r Super�isara; by deputy deer,,-. on ac: Public Yorks (2) Higbway;Planning Subdivider RESOLUTION N0. ". 68h51 Fora 23 68-6-200 PUBLIC WORKS-DEPARTMENT ' VICTOR SAUCONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECT OR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER.SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ, CALIFORNIA 94553 R. D. BROATCH TELEPHONE 229.3000 DEPUTY PUBLIC WORKS DIRECTOR October 25, 1968 Subdivisio RECEIVED OCT 2 9 1969 Honorable Board of Supervisors Administration Building W. T. P A A S C H CLERK BOARD OF SUPERVISORS Martinez, Californiaf _coNT jT"C er Deputy Gentlemen: There is submitted for your approval the map of Subdivision 3730 in Supervisorial District III in the Danville area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is October 29, 1969. 2. A Surety Bond in the amount of 68300 and a 1500 cash deposit (Auditor's Receipt No. 69271 dated October 23, 1968) which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond in the amount of 18800. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1969 tax, which became a lien on the first Monday of March, 1968, is estimated to be 11800. 5. Tax Bond in the amount of 11800 guaranteeing payment of estimated 1969 tax. The map is submitted for filing by the Transamerican Title Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAU Public Wor it for 7,, B V• L Cli e JPssc Assistant Public Works Director ccs Title Company Highway Planning Planning Department Construction Division i RESOLUTION At a regular meeting of the Board of Directors of Prospect Hill Building Co. held at the office of the company, 545 South Murphy Avenue, Sunngvale, California, at 4:00.p:m. on Thursday, September 12, 1968, the following resolution was adopted: RESOLVED: R. Duncan Hole, President, and/or Urcil C. Commons'. Vice President, be authorized to sign Subdivision Agreement for Subdivision No. 3730 with the County of Contra Costa and cause to be executed and delivered therefor in the corporate name, agreements, bonds or other evidences of debt and securities therefor. Prospect Hill Building Co. 22 1�7, 1' eth . ole, Secrsftar7 y � v TAXA BOND NO. SC 6186612 Q y t 00 O A KNOW ALL WN BY THESE PRESENTS: S E That we. PP.OSI'ECT HILL BU110rNG COMPAN . a corporation u principal, end FIREMAN'S FUND INSURANCE COMPANY r-� a oss�etation, �} organised and existing under the laws of the State of CALIFORNIA as surety, ars held and firsly bound veto the COUNTY OF CONTRk COSTA State of California, in the sum of One Thousand Hip t Hundred and no Qo ($_ 1.800.00 ) , lawful moray, of the United States of drrica, for the payment of which sum wall and truly to be made to said COUNTY OF TTP.A QQSTA , we and each of us bind ourselves, our hairs, executors, administrators, successors and assigns, jointly and severally, fimly by OWN presents, SEALED with our seals and dated this „ day of OCTOBER 19�_. The conditions of the above obligation is such that whereas the above bounden principal is about to file a sap eatitled Subdivision 3730 which shall be a subdivision of a tract of land in said rnTDTTv QF MUTR;; 77-STA , and there ars certain liana for taxes and special usassmant collected as tens against the tract of land covered by said map. The taxes and special assessments collected as tome are not as yet den or payabL. Now, therefore, if the said principal shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of -acrid covered by said map at the time of the filing of said sop then this obligation shall be void and of no effect. Otherwise it shall remain in full force end effect. PRINCIPAL, SURETY: PROSPECT HILL BUIL DIG COIi?ANTY, ' a corporation FIREMAN'S FUND INSURANCE COMPANY ?!, / - SAMUEL HUBBARD ATTORNEY-IN-FACT STATE OF CALIFORNIA ) COUNTY OF being the Surety nasad in the foregoing band, being duly sworn, sayst That is a freeholder and resident within said State and is worth more than sold sum of Dollars, over and above all debts and liabilities, exclusive of property exempt from execution. �kFcri�&OFWZas this day of _ 19 T 2 91968 . 'y, A Notary Public for said County and State WTARIAL ACKNOWL OMUCNT—ATTOMILY IN FACT STATE OF CALIFORNIAOn this_.--.-2ZN --__-._-.day of QCT�OBER _._.. .. . .... ........_, 19.__6....,before Couaty of S. S. me, ..... _Marx Jean-y ea-----......_..................................,a Notary Public in and for -....---.....County,State aforesaid,residing therein,duly commis- sioned and sworn, personally appeared.._.SAI U91.--= D----......._._..........._................ known to me to be the person whose name is subscribed to the within instrument as the attorney in fact of FIREMAN'S FUND INSURANCE COMPANY and acknowledged to me that he subscribed the name of FIREMAN'S FUND INSURANCE C031PANY thereto as principal, and his own as attorney in fact. IN WITNESS WHEP.EOF,I have hereunto set my hand and affixed my official seal, :::,:.:•:_:: at my•office in the said._ _....--•............. ..- .........County of.._blatr?...........--------------- eda the day and year in this certificate first above written. ``''` iiOTARY PUBLIC .a�.. �' AfARfi:!)A COJtii1',CAt{F. ��:utcn:u:nstcstt:cur:acsr:5 •--•-•--._........... ... � .._ ... .. .. �......._.L:^..-�-�tifl......._ � ri>radro Notary Public in and for the-----_----. .__....._........... ounty of_._... ....... State of California. my Commission Expires Oct.$,196!0 Niy commission expires..--_..-.-_.-__--__...______ ........................................... 3M42-5-65 EMMETT AITCkCOCK _ ALFRED P. LQWELI- COUNTY TREASURER-TAX COLLECTOR OFFICE MANAGER TAX COLLECTOR's OFFICE PHONE 225.3000 EXT. 2384.2385.2386 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZ, CALIFORNIA 94553 FIRST INSTALLMENT OF TAXES DUE AND PAYABLE �[ DELINQUENT ON THE FIRST DAY OF NOVEMBER October 3, 1968 ON THE TENTH DAY OF DECEMBER SECOND INSTALLMENT OF TAXES LJSECOND INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF APRIL Thia will certify that I have examined the map of the proposed subdivision entitled: TRACT h0. 3730 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1967-68 tau lien has been paid in full. Our estimate o time— _ tax lien, which became a lien on the first Monday of March,Z?§L_, isv 1,800.00 ETOL—EN HITCHCOCK _ Redemption Officer By: jjt"e� dl BOND NO. SC 6186613 =- IMPROVEMENT SECURITY BOND t E (Faithful Performance & Maintenance, AND Labor & Materials) (Calif. Bus. & Prof. Code §ZZ6Z2; Contra Costa County Standard Form) CU o Z. OBLIGATION. CZ L-A (Principal) �3C�SFFCTILL �Un�DI;�G CO'`?Ai,Y a corporation as Principal, andure y FIREMAN'S FUND INSURANCE NUARAW a corporation a�1 i!:- 0 organized and existing under the laws of the State of CALIFORNIA and authorized to transact surety business in California, as Surety, here y jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it : (A - Faithful Performance, & Maintenance) Eight Thousand Three Hundred and no/00 Dollars ($ 8 00 00 ) for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials) Eight Thousand Eight Hundred and no/oo Dollars ($ 8,800 00 ) for the benefit of persons protected under Cal. Bus. &Prof.Code §116f2. 2. RECITALS. The Principal contracted with the County on to install pay for street, drainage, and other improvements in Subdivi- sion No. 3730 , as per map now being filed with the County's Recorder, and to complete said work within One year from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. $,IGwED AND SEALED on OCTOBER 22, 1968 4=FRIN%IFAL SURETY PFICSPECT HILL BUILDING COhLPANY a corporation F127JAN'S FUND Insmam r-,? By if L�..�. _ By c SMUEL HUBBARD z*e of California ) ss. -:nty of ) (ACKNOWLEDGMENT BY SURETY) the person(s) whose name(s) is/are signed above Surety and who is known to me to be the Attorneys )-in-Fact for this � ,�orate Surety, personally appeared before me and acknowledged to me that = ey signed the name of the Corporation as Surety and his/their own name(s) its Attorney(s)-in-Fact. s Notary Public for said County and State (Imp. Sec. Bond, CCC Std.Form) (8P-15;Rev. 8-67; 200) "; fARiAL ACKNOWL[DGM[NT—ATTORNZY IN FACT t ` •$TATE OF CALIFORNIA On this._--_22ND day of_5 TOBEK._............... .._... .. , 19. 68..,before Mary Jean VI _ ......_County of S.S. me, ___._____ ____ ddra..___._.----. _......................a Notary Public in and for said.___ State aforesaid,residing therein,duly commis- - • _.... sioned and sworn, personally appeared....S.AMUEL_-MBARD.•.._.....--.•_-,•___.______..___.•_,___. known to me to be the person whose name is subscribed to the within instrument as the attorney in fact of FIREMAN'S FUND INSURANCE COMPANY and acknowledged to me that he subscribed the name of FIREMAN'S FUND INSURANCE COMPANY thereto as principal, and his own as attorney in fact. -----:ssssri:es=nnss=utu =Itl=�! IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, G)ARY J NOTARY 171A R0 s PUBLIC z at my office in the said..........•--....._.. ...County,of........Klame <1................. ..... j� ALAtwtcDA CDUNiY.CALIF. the day and year in this certificate first above written. K Alameda �M Jean Yiadlr Notary Public in and for the. ...................... County of.._.... . ._......... State of California. •� �y,i�omcn�suo+s rwko�cs uc�o.aaux 31y commission expires....._..r...._._......_..-_...__ ......................_...._............. .. 360042-5-65 4 SUBDIVISION AGREEMENT (§1) Subdivision:_ 3730 (B. & P. Code HtZ611-12) (§1) Subdivider: r SaF;C^ FILL RUILDRIG ec ve Date: O • t9, )9y8 (Contra Costa County (§1) Completion Period: 0 Standard Form; 8-67) (§4) Deposits: A. (cash) 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ a 300.00 2. (labor,materials) g.,S00.00 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following), in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free rom defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Securiitt, Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs. Code §11612, deposit as security with the County! A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (Z - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section 2; and if, at any time before the County's resolution of completion for the subdivision, the improvement plan proves to be inadequate in any respect, Subdivi- der shall make changes necessary to accomplish the work as promised. LEE) 291%8 t^a D +CF' �,UpERVI,!C. CC' CC$UNTY " 4uCe Paty 6. No Waiver by Count4. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and. conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions , officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 6. Costs. Subdivider shall pay when due all the costs of the work, including inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. 10. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. ZZ. Assiqnment. If before County accepts these improvements, the subdivision is annexed to a city , the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. 12. Record Map. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying; with State laws and County ordinances. -2- COUNT F CO SUBDIVIDER: (see note below) PROSPECT HILL BUILDING COMPANY, By a corporation Cha r an, oa o ervisors ,p . By ATTEST: W. T. PAASCH, County Clerk (Desi nate official capacity & ex officio Clerk of the Board in the b mess) By lit Note to Subdivider: (Z) Execute Deputy acknow a gment form below; and (2) If a corporation, attach a certified copy of (a) the by- FORM APPROVED: JOHN A. NEJEDLY laws or (b) the resolution of D strict tonne the Board of Directors, authori- zing execution, of this contract By f �'�'i�"� and of the bonds required hereby. / Deputy State ofCal or is ) ss. (Acknowledgment by Corporation, County of ��—�tx. �) Partnership or Individual) On �G�- t - /",fl , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and ac- knowledged to me that he executed it and that the corporat ;:r partner- ship named above executed it. KENNETH Ak SCOTT My Commission Expires May 9,1972 Notary Public f d County and gtate (Subdiv. Agrmt. CCC Std. Form) (HP-9; Rev. 8-67; 200) I • Zl �•� � •meq v` �� G ...,...•'`' `per ,',•+iIg1Ug1 RESOLUTION At a regular meeting of the Board of Directors of Prospect Hill Building Co. held at the office of the company, 545 South Murphy Avenue, Sunnyvale, California, at 4:00 P. m. on Thursday, September 120 1968, the following resolution Was adopted: RESOLVED: R. Duncan Hole, President, and/or Urcil C. Commons, Vice President, be authorized to borrow money and incur indebtedness for the purposes of the corporation, and to cause to be executed and delivered therefor, in the corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecation, or other evidences of debt and securities therefor. Prospect Hill Building Co. '^= -� •r ' Eliz06th A. Hole,, Secretary ;9••03..'0"'1-`1* IN THE BOARD OF OF SUPERVISORS CONTRA COSTA COUNTY, STATE OF CALIFORNIA April 6 , 197 1 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 3731, Pinole Area Deposit: $500 ) Auditor's Permit No. 63704 ) Dated January 26, 1968 ) Refund to: Bay View Development ) Company ) 3480 Champion Street ) Oakland, California ) 94602 ) On _ June 170 1969 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 6th day of April , 197 1 W. T. PAASCH, CLERK cc : Public Works (2) 7 Subdivider y� By Deputy Clerk Huth onovan w IN THE BOARD OF S UPERV IS ORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the ILJatter of Completion ) of improvement: and declaring ) certain roads as County ) RESOLUTION 190. 69/382 road; Subdivision 3731, ) Pinole Area, Work Order 6716. ) WHEREAS the Public Works Director having .notified this Board that Improvements have been completed in Subdivision 3731 , Pinole area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NO1,19 THEREFORE, BE IT RESOLVED -that the improvements in the following subdivision have been completed for the purpose of estab- lishing a terminal period for filing of lienee in case of Action under said Subdivision Agreement: Subdivision Date of Agreement Tract 3731, Pinole area January 30, 1968 (Fireman's Fund Insurance Company - Bond No. SC 6161869) BE IT FURTHER RESOLVED that the $500 cash bond surety (Auditor's Receipt No. 63704 dated January 26, 1968) is RETAINED for one year in conformance with the requirements of Section 8429 of the Ordinance Code. BE IT FURTHER RESOLVED that the hereinafter described roadj, having been heretofore dedicated to public use by the filing of m.ap in the office of the County Recorder, be and the same a re accepted and declared to be County road s of - ContraosC to County; H I GH LAND ROAD (36/56 feet/0.14 mile) HIGHLAND COURT (32/52 feet/0.05 mi Te) H I GH LAND PLACE (32/52 fee t/O.10 mile) as shown and dedicated for public use on the map of Subdivision 3731 filed January 31, 1968 in Book 119 of Maps at Page 1 , Official Records of Contra Costa County, State of California. PAS:,ED AND ADOPTED this 17th day of June 196_9 by the following vote of the 137oard: AYES: Supervisors Alfred M. Dias, Edmund A. L i nsche id, James P. Kenny. NOW: None. ABSENT: Supervisors James E. Moriarty, Thomas John Coll . RESOLUTION NO. 69/382 . Form 23.3 6/68/200 I HEREBY CBRTIPY that the foregoing is a true and Correct copy or a resolution entered on the winutes of said Board or Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed_ this 17th day Of • June 19.j.C.L. W. T. PAASCH, CUMK j Bl v mildred U. Ballard Deputy Cleric - cc- Recorder Public Works (2) Subdivider i { 0 In the Board of Supervisors of Contra Costa County, State of California AS EX OFFICIO THE BOARD OF DIRECTORS OF CONTRA COSTA COUNTY SANITATION DISTRICT NO. 3 June 17 196 In the Matter of Acceptance of Sewers and Appurtenances Thereto in Subdivision 3731, Pinole Area, Work Order 6716. The Board having this day accepted as complete construction of public street improvements in Subdivision 3731 , Pinole area; and The Public Works Director having advised that the construction of the sanitary sewers in said subdivision has been satisfactorily completed; On recommendation of the Public Works Director and on motion of Supervisor E. A. Linscheid, seconded by Supervisor A. M. Dias, IT IS- BY THE BOARD ORDERED that the sewers and appurtenances thereto in Subdivision 3731 are hereby ACCEPTED for maintenance. The foregoing order was passed by the following vote of the Board: AYES: Supervisors Alfred M. Dias, Edmund A. Linscheid, James P. Kenny. NOES:, None. ABSENT: Supervisors James E. Moriarty, Thomas John Coll . I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Pub] i c Works (2) Supervisors Auditor affixed this 17th day of June , 196 9 Administrator Subdivider W. T. PAASCH, Clerk By �l e<'etz��J,Ua[%�r_c� , Deputy Clerk Mildred 0. Ballard H 24-7/66-IOM In the Board of Supervisors of Contra Costa County, State of California February 4 In the Matter of Approval of Subdivision Agreement Extension for ' _Tact 3731, Pinole Area. On motion of Supervisor A. M. Dias, seconded. by Supervisor T. J. Coll, IT IS BY BOARD ORDERED that the Subdivision Agree- ment ;xtension for Tract No. 3731, Pinole area (Tara ?sills) , between B tyv3ei=: Development Company, subdivider (Fireman's Fund Insurance Company, bondsman) and the County of Contra Costa for an additional period to and including June 30, 1969, is APPROVED. IT IS FUE17HER ORDERM that Supervisor J. E. .Moriarty, Chair- man of the Board, is AUTHORIZED to execute said extension on behalf of the County. The foregoing order was passed by the following vote of the Board: AYES: Supervisors James P. Kenny, Alfred X. Dias, Thomas John Coll, Edmund A. Linscheid, Jame; E. Moriarty. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: : u of is Works (2) Supery;sors lanning Subdivider affixed chis nth day of Februnry , 196-2- W. T. PAASCM, Clerk By �.is Af� , Deputy Clerk Mildred 0. Ballard H 24-7/69-10M In the Board of Supervisors of Contra Costa County, State of California Febrttsry k , 196-2- In 969In the Matter of Approval of Subdivision Agreement Extension for Tract 37311p Pinole Area. on motion of Supervisor A, M, Dias„ sea►onded by supervisor T, J. Coll, IT 19 BY THE BOAX) OBDBBBD that the Subdlvlsion Agree- ment Extension for Tract No. 3731. Plnole area (Tars Hllls)f between Bayview Development Company= subdivider (Fireman's land Insursnee Company$ bondsman) and the County of Contra Costa for an additional period to and including June 309 19699 is APPBOVED, IT 19 MITHFB ORDEM ? that Supervisor J. E. Morlarty* Chair. man of the Board. to AUTRORIZED to execute said extension on behalf of the County, The foregoing order was passed by the following mote of the Board: AYES: Supervisors James P, Kenny, Alfred M, Dias, Thomas John Coll, Edmund A. Linscheid* James Be Moriarty, NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Public Works (2) Supervisors Planning affixed "his —day afpj�_, 196 Subdivider W. T. PAASCH, Clerk J By2;�• `� Deputy Clerk Mildred O. Ballard H 24-7/68-1 OM F > � Ott t�{t 23rd January }SS —day theear One Thoucaad II they Nine Hundred and.._Sixty»Nine before me the undersigned a Notary Public in and for the County of Alameda,State of California,rtWding therein,duly commissioned and aurora,personally appeared.. JOHN R. 1 APES .....................................................................».........---...........................................................---...................... tlfMrtt�:rsuuturnnixr.r:ar..»ca[surt 3 ....................................................._...................._.»_..........».._..........................................................».... I CANT4YFZL _ known to me to be one of the partners of the partnership that executed the within instrument, NOTARY PUQlIC and acknowledged to me that such partnership executed the same. Au+MEDa CQUNT1t,CALIF. Z At 19iitteas 154treaf, I have hereunto set my hand and affixed my official seal, in the ` Y1WwttalwpWu/IgIU{ii County of......._..»Alameda .............................the day and year in this certificate first above written. !1<1l1F JIMwait »�� '��•^' ` -NoKnsY Putttc e- .t !a am toe ON Alameda saw►of confonfe NOTARIAL ACKNOWLEDGUMT-+ATTORNtY IN FACT STATE OF CALUPORNIA On this...__._.z_. d day of_Ja!! l _.,1911.....before Marie Delsol County of S.S. me, ..-_---_.__. _ __ _. _..___._... __ ._.. ,a Notary Public in and for Alamo" said._Alms-_--_--_. -_._.._------County,State aforesaid,residing therein,duly commis. sioned and sworn, personally appeared.......Js..w:.Jk ..... known to me to be the person whose name is subscribed to the within instrument as the attorney in fact of FIREMAN'S FUND INSURANCE COMPANY and acknowledged to me that he subscribed the name of FIREMAN'S FUND INSURANCE COMPANY thereto as principal, and his own as attorney in fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the said................... County of..... Alda fil A RIJ Del$ L the day and year in this certificatgfirz t abovewritten, [ii.t.a�� fiLti59ED:9�;✓t;,'•;7Y.C: L .r'C..+�t..-��. Notary Public in and for the..___....._...__........ ..........County State of California. Y 6Iy CommissTan Ex Aly commission expires_---.-.__.. 360042-5-65 hly commission Expires November 26, 2959, is r SUBDIVISION AGREEMIENT EXTENSIO Li � Contra Costa -.1969 Subdivision Number 3731 :, Name Bayview Park, Unit No, t6 COUNTYittirscas eputy (Original) Agreement Date: January 30, 1968 Surety Name FIRE*fAWS FUND INSURANCE CO.IPA.NY Bond No. : SC 6161869 Amount : $ 37,850.00 Date : January 25, 1968 Extension New Termination Date: June 30, '1969 This Subdivider and his Surety desire that this subdi- vision agreement be extended through the above date; and Contra Costa County and the Surety hereby agree thereto and acknowledge same. k Dated: January 23. 1969 BAYV 4tiLDEVELOPMEr, CONTRA COSTA COUNTY . r ui� ' i.der jyy F `i%S FUND 7N T„ 0 eI1i3Y / ` krman, Boa o�fSu-L�3ervi[sors urety es ':J. Jenkins tornev_ in Fact ATTEST: W.T. . I-i;.SCH, Ccunty Clerk & ex officio Clerk of the Board Deputy HP-16(Rev. 6-67) (Subdivision Agreement Extension) � v L IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 37319 Tara Hills area RESOLUTION NO. 68/47 WHEREAS a map entitled Tract 3731 , property located in the TaXG Hillij area , having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1967-1968 tax lull has been paid In full; and Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 49 Title 8, of the County Ordinance Code; Surety Bonds issued by Fireman's Fund Insnranse Company with Bayvlev Development Company as prinelpal, as follows: Bond No. 3C 6161869 in the amount of $379350 for Palth- ful Performanoe, and *37.850 for Labor and Naterlals to guar. antee completion of road and street improvements. $500 cash deposit (Auditor's Reoeipt No. 63704 dated January 269 1968); $383.40 deposit for street light energizing fee, to be credited to County Service Area L-41i $19810 inspection fee. Subdivision agreement between Bar1eM Develo�eet Catoaey. 3480 Champion Street, Oakland, C i ornla, subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete road and street improvements, etc., in said subdivision within one year from the date of said agreement; RESOLUTION NO. 68/47 Form #23 NOW$ THEREFORE, BE IT RESOLVED that said bond• and deposits and the amounts thereof be and the same are hereby BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept on behalf of the public any of the streets, roads, avenueep or easements shown thereon as dedicated to public uses PASSED AND ADOPTED this 30th day of JennaW , 1968 , by the following vote of the Board: AYES: Supervisors James P. l onnyq Edslund A. Lineeheld, Allred M. Dias. NOES: None, ABSENT: Supervisors James E. Xorlartyg Thomas John Coll. cc: Public Works (3) Highway Planning Subdivider Title Company, via P/W CE11TIFIED COPT t ..•till tRat f].is is 0 1.11, tstw tV oor..e!00/01 arioiwal Jc....w.nf o�icw i. on fill in nrt of and th, Noo.J /Srp•r- tFat:t s•.• +a••+J t17 a.�otteJ t7 o L a i�ornia. 0^ th. ri.or. o� owha onfrloony. J"A r t F:t A13C eownt, dot• rbR�n. f $w.ni.ow,df RESOLUTION NO. Form #23, Pg. 2 SUBDIVISION AGREEMENT (§1) Subdivision: (§1) Subdivider: P (B. & P. Code §§Z261Z-Z2) ;715impuny 1 Effective Date: /-_30- 49;,49 (Contra Costa County (§1) Completion Period: Ont_ t =a,^ Standard Form; 8-67) (§4) Deposits : A. (cash) 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $71,%�� 2. (labor,materials) Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County," , and the above- named Subdivider, mutually promise and agree as fol ows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free froF defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security; Deposit & Bonds. Upon executing this Agreement , Subdivider shall, pursuant to Bus. & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . B. Bonds, etc. : (t - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section 2; and if, at any time before the County' s resolution of completion for the subdivision, the improvement plan proves to be inadequate in any respect, Subdivi- der shall make changes necessary to accomplish the work as promised. F1 L ED �2 U 1969 IV. T. PAASCH CLERK 13OUD CF SUKDISCRS CONT s GOU TY C7r�!u��11 6p�yaty 6. No Waiver by County. Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. ?. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers, agents and employees; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 6. Costs. Subdivider shall pay when due all the costs of the work, including inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. Z2. Record Map. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances . -2- 1 COU OF SUBDIVIDER: (see note beZow) B Bays c ry Dez,ei o ^n Company r an, Boa of ervisors ' By ATTEST: W. T. PAASCH, County Clerk D ignate offiei capacity & ex officio Clerk of the Board n the business) By ( Note to Subdivider: (Z) Execute Deputy ac now a gment form beZow; and (2) If a corporation, attach a certified copy of (a) the by- FORM APPROVED: JOHN A. NEJEDLY Zams or (b) the resolution of District Attorn the Board of Directors, authori- zing execution of this contract By and of the bonds required hereby. Deputy State of California ) ss. (AcknowZedgment by Corporation, County of � ) Partnership or Individual) On o -5-1 1 the person(s) whose name(s) is/are signed aboW for Su divider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and ac- knowledged to me that he executed it and that the corporation or partner- ship named above executed it. ••eeeeeeeeeseeeeoeeeeeee L:��i-: MORDABY o • . is ,.:, . 5.i� e , ic,,uz cost] County • St8te of Ca{ifornia i DELF{NA NORDABX •�•�••eeeeeeeeeeseeeeeee Notary Public for said County and State (Subdiv. Agrmt. CCC Std. Form) (HP-9; Rev. 9-67; 200) -3- PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOP ROAD COMM ISSIONER•SURVEYOR 6TH FLOOR, ADMINISTRATION GUILDISC MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 22©•3000 DEPUTY PUBLIC WORKS DIRECTOR :RE � V � January 30, 1968 PAASCHD OF SUPERVISORS Subdivision 3731 A G TA CO- peputY- Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3731 in Supervisorial District II in the Pinole area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is January 30, 1969. 2. A Surety Bond in the amount of 537,350 (Fireman's Fund Insurance Company, Bond No. SC 6161869) and a $500 cash deposit (Auditor's Receipt No. 63704 dated January 26, 1968) which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond in the amount of 537,850 (Fireman's Fund Insurance Company, Bond No. SC 6161869). 4. Letter from Tax Collector's Office stating that the 1967-68 tax lien has been paid in full. 5. $383.40 has been deposited for street light energizing fee and is to be credited to County Service Area L-41. The map is submitted for filing by the Bayview Development Company under the provisions of the County Ordinance Code and all required deposits and fees have -been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAUER Public Works .Dirgctor By VLC:mj V. L. Cline cc: Title Company Assistant Public works Director Planning; Construction Highway Planning h' `5; EMMETT HITCHCOCK _ /:ORRAINE.K.'PLANZ COUNTY TREASURER-TAX COLLECTOR - PRINCIPAL CLERK ' • TAX COLLECTOR'S OFFICE PHONE 228.3000 EXT. 789.788.787 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXIES MARTINEZ.CALIFORNIA FIRST INSTALLMENT OF TAXES DUE AND PAYABLE - DELINQUENT ON THE FIRST DAY OF NOVEMBER ON THE TENTH DAY OF APRIL SECONDDUE INSTALLMENT PAYABLE TAXES (January 25' 1968 SECOND INSTALLMENT OF TAXES AND �JJ DELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF DECEMBER This will certify that I have examined the asp of the proposed subdivision entitled: TRACT NO. 3731 and have determined from the official tax records that there are no unpaid county taxes heretofore levied on the property included in the map. The current 1967 8 tax lien has been paid in lull. EMMETT HITCHCOCK Redemption Officer By: Deputy dl <a t= STATE OF CALIFORNIA County Of (County in which acknowledgement is token =1111?2, be �iNA NORDA$Y r ** On � fore ure. ,a e�mvn'Public,in and for said** Write w t pe nome of notary r Cf utrty and State,personally appeared-.. .—.J /_� 13 ,h �. Zb a-y�=' + --known to me to be a partner of the partnership that executed the within instrunnent and also known to me to be the person who executed it o&ht4fh f **N 11a►****rl*A#4*APPiowiedged to ore that such partnership executed.the same. **if notary is commissioned in another County. `>-t....`f0 in addition to fig ure type or print nome of notary strike "said"and name County. _� v Cc"ira Gotta County State of Ga(it:,rnta (1" Nota y Pt lie DFIEINA N RD,BY ( artners ip raptor i La Tiio premium charged for this bond is ''P U&k D U Dollars per annum. BONA N0, SC 6161869 IMPROVEMENT SECURITY BOND (Faithful Performance & Maintenance, AND Labor & Materials) (Calif. Bus. & Prof. Code §ZZ6Z2; Contra Costa County Standard Form) Z. OBLIGATION. (Principal) as Principal, and (Surety) FIREMAN'S FUND INSURANCE COMPANY a corporation organized and existing under the laws of the State of CALIFORNIA and authorized to transact surety business in California, as Surety, here y jointly and severally bind ourselves, our heirs , executors , administrators , successors and assigns to the County of Contra Costa, California, to pay it : (A - Faithful Performance, & Maintenance) Thirty-seen Thous;,na� Threc Hunlr,. rorty Dollars ($ 37,350.0 ) for itself or any City-assignee under the below-cited subdivis an contract, plus (B - Labor & Materials) Thirty-s.. :cn Thousan�:, Eight 71i_ „J' Dollars ($ 37,'50.00 _) for the benefit of persons protected under Cal. Bus. &Prof.Code §11612. 2. RECITALS. The Principal contracted with the County on to install and pay for street, drainage, and other improvements in Subdivi- sion No. ??31 as per map now being filed with the County's Recorder, and to complete said work within oa- ycar from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors , subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on JANUARY 25, 1968 PRINCIPAL SURETY -,a y `` FIREMAN'S FUND INSURANCE COMPANY By By24 41:kq� 14 arg , State of California ) ss, County X 1-d. A ) (ACKNOWLEDGMENT B ) On Y Q Vc 7 K r��t, the person(s) whgse-names) is/are signed above for Surety and who is n to me to be-e Attorney(s)-in-Fact for this Corporate Surety, personally ed before me and acknowledged to me that he/they signed the name O-P ne Corp at-ion as Surety and his/their own name(s) as its Attorney(s)- =Fact. Notary Public for said County and StaZe (Imp. Sec. Bond, CCC Std.Form) (RP-15;Rev. 8-67; 200) A i NOTARIAL ACKNOWLEDGMENT—ATTORNEY IN FACT STATE OT CALIFORNIA On this.............Z5th _day of_.._.3ANUARY ___,_-,_„___•„ 1968........before Aat- Jean ztfr0 County of SS -._-- ___..__........_.-...._,a Notary Public in and for . . . me, ..._._... Q_._.__.__....__.____ Alameda said.__........... .......__-___County,State aforesaid,residing therein,duly commis- __....---...... ... sioned and sworn, personally appeared........f4RGARET..J__-.DURAN............._.............. known to me to be the person whose name is subscribed to the within instrument as the attorney in fact of FIREMAN'S FUND INSURANCE COMPANY and acknowledged to me that he subscribed the name of FIRESIAN'S FUND INSURANCE COMPANY thereto as principal, and his own as attorney in fact. 1t//u/ali:ISl::ase:.cr:¢::,z�s :;�;•:.-..__g �:'� S IN CIT\ESS WHEREOF, I have hereunto set my hand and affixed my official seal, h,, Rf Jenir IADRJ `~ i (�OfA�Y PU3LIL` at my o ice in the said-.._ ............... ........County of.._.........AlBrttoda...................•......... L�;��.-Y� ALMAZI A MUN1V. A,_1F- she day and year in this certificate first above ewritten.IiIIIII/IgIIIJUJI1 ary Jean g at ...... ..... ......._ ... Notary Public in and for the._ __....----__._-------_._..._..__.County of.._A18"Wa... ............. State of California. My commission ............. 360042-5-65 FS IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY9 STATE OF CALIPOINIA In the Matter of Approval ) of Subdivision Map of RESOLUTION NO. 67/950 Tract 3732. 8nighteen Area. WHEREAS a map entitled Tract 37329 property located in the Hnightsen area, having been presented to this Board for approvalq said map having been certified by the proper offielals, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid Counter taxes heretofore levied on the property included in .the map, and that the current 1967-1968 tax lien has been paid in fnll{ and Letter from the Public Works Director stating that said map is submitted for filing under the provisions of the County Ordinance Code= and that all required deposits and fees have been paid; and WHEREAS the Public Works Director having advised that there is no pub]b street or drainage pork to be done, hence subdi- vision agreementg bonds or inspection fee are annesessary; NON, TSEREI4RE9 BE IT RESOLVED that said map be and the same Is hereby APPROVED and this Board does not aceept or behalf ti's:.► of the public any of the streets, roads, avenues or easements shown thereon as dedicated to public use. PAWND and ADOPTED this 19th day of Deoemberip 1967 by . the following vote of the Boards AYE19s Supervisors James P. tend, Alfred K. Dias, James E. Morlarty, Thomas John Coll. Edmund Ae Linsehelde NOBS$ Kone. ABBENTs None. cc: Public Yorks- (3) Planning (2) Subdivider RESOLUTION NO. 67/950 CEP,TIFIED COPY I certify that t'r;: is a ft.!!. true & correct COPY Of _ the o:i^;f.a'. ::�,,, _:r•-.} ..,. -'le ;r r�1v office, and r +!:^ Board of • ti, ,�Sry. , COuBty tl1C t'IP.tC �:et,t-:??, r. . _'... T: .y. i. PAASM. , cler;:P:c::-c:f icio clerk of said Board of Supervisors, y�by deputy clerk. PUBLIC WORKS DEPARTMENT , VICTOR W. SAUER . CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 93553 R. D. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR December 19, 1967 Subdivision 3732 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3732 in Supervisorial District V in the Knightsen area. Attached is a letter from the Tax Collector's Office stating that the 1967-68 tax has been paid in full. The wap is submitted for filing by Western Title Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. Very truly yours, VICTOR W. SA R Public Work Director By . V. L. Cline Assistant Public Works Director Highway Planning TEL:mj cc: Title Company Planning Department Construction Division PUBLIC WORKS DEPARTMENT VICTOR W. SAUERR F. R. BROWN.. PUBLIC WORKS DIRECTOR CONTRA^�jA�- COSTA COUNTY CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING - MARTINEZ. CALIFORNIA 94553 R. D. BROATCH ' TELEPHONE 220-3000 DEPUTY PUBLIC WORKS DIRECTOR December 19, 1967 Subdivision 3732 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3732 in Supervisorial District V in the Knightsen area. Attached is a letter from the Tax Collector's Office stating that the 1967-68 tax has been paid in full. The map is submitted for filing by Western Title Company under the provisions of the County Ordinance Code. and all required deposits and fees have been paid. Very truly yours, VICTOR U. SAUER Public Works-Director- --`V. orksDirector_--V. L. Cline Assistant Public Works Director Highway Planning TEL:mj cc: Title Company Planning Department Construction Division EMMETT HITCHCOCK LORRAINE K. PLANZ COUNTY TREASURER.TAX COLLECTOR &INCIPAL-CLERK _ TAX COLLECTOR'S.OFFICE PHONE 228.3000 EXT. 783.'8°.387 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXE9 MARTINEZ. CALIFORNIA FIRST INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF NOVEMBER ON THE TENTH DAY OF APRIL SECONDINSTALLMENT PAY TOE TAXES DCCESIIber 12, 1967 SECOND INSTALLMENT OF TAXES DELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF DECEMOER This will certify that I have examined the map of the proposed subdivision entitled: MACT DO. 3732 and have determined from the official tax records that there are no unpaid county taxes heretofore levied on the property included in the map. The current 1967-68 tax lien has been paid in full. E[4H;'1T HITCHCWK Redemption ff.cer By: D46ty dl IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) RESOLUTION N0. 68/226 Tract 37379 Walnut C reek,Area, ) WHEREAS a map entitled Tract 37379 property located in the Walnut Creek area, having been presented to this Board for approval, said map having been certified by the proper officlals, and being accompanied by: Letter from the Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1968-1969 tax, which became a lien on the first Monday of Maroh, 1968, is estimated to be 9209000; and Tax Bond No, 1200709 issued by Argonaut Insurance Company, In the amount of $209000 guaranteeing payment of estimated 1968-1969 tax; and Letter from the Public Works Director stating that said map Is submitted for filing under the provisions of the County Ordinance Code, and that all required deposits and fees have been paid; and kniEREAS the Public Works Director having advised that all Improvements were constructed under Subdivision 2838 and the streets were accepted October 319 19619 hence no Subdivision Agreement is required; NOW, TFiEREFORE, BE IT RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements shown thereon as dedicated to public use. PASSED and ADOPTED this 9th day of April, 1968 by the follow- ing vote of the Board: AYES: Supervisors James P, Benny, James E. Moriarty, Thomas John Coll, Edmund A. Linseheld, Alfred M. Dian. NOES: None. ABSENT: None. COPY certify that this is a fua. true R correct copy of cc: Public :7orks (3) the orifi^� is on fi?^ in mu office, .Planning ani tient Board of Subdivider S est. , ... of Oil.- t;;1u ornia, or the date ...:o .n. _r i: Lti. - -'.AS"H, county clerk F:e o.:_":c o cleric of said Board of Supervisors, by deputy clerk. ,Cap RESOLUTION NO. 68/226 PUBLIC WORKS DEPARTMENT VICTOR SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMM ISSIONER.SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 220.3000 DEPUTY PUBLIC WORKS DIRECTOR April 4, 1968 Subdivision 3737 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3737 in Super- visorial District IV in the Walnut Creek Area. Accompanying this map and pertaining thereto are the following documents: I . Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1969 tax, which became a lien on the first Monday of March, 1968, is estimated to be $20,000.00. 2. Tax Bond in the amount of $20,000.00 guaranteeing payment of estimated 1968-69 tax. The map is submitted for filing by Financial Title Company under the pro- visions of the County Ordinance Code and all required deposits and fees have been paid. All improvements were constructed under Subdivision 2838 and the streets were accepted October 31, 1961 . Therefore, no Subdivision Agreement is required. Very truly yours, Victor W. Sauer Public Works 'rector By • V. L. Cline Assistant Public Works Director Highway Planning VLC:sm cc: Title Company Planning Department Construction Division EMMETT HITCHCOCK LORRAINE K. PLANZ COUNTY TREASURER-TAX COLLECTOR PRINCIPAL CLERK TAX COLLECTOR'S OFFICE PHONE 229.3000 EXT. 998.396 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF NOVEMBER ON THE TENTH DAY DAY OF APRIL SECOND INSTALLMENT OF TAXES February 28, 1%8 SECOND INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF DECEMBER This will certify that I have wuudasd the sap of the proposed subdivision entitled: TRACT NO. 3737 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the wap. The current 11967 66 tax lien has been paid in full. Our estivate of the 1968-49 tax lien, which becays a lien on the first Noway of March , 1966, is $ 20,000.00. 'TT HITCHCOCK Redemption Officer $y: Deputy dl STATE OF CALIFORNIA COUNTY OF Contra Costa � SS. • On -March 20• 1968 before me, the undersigned,a Notary Public in and for raid State, personally appeared Bo T. Stephens known to me to be the President. of the corporation that executed the within Instrument. known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and t�wllalawatutnuia;�� acknowledged to me that such corix.ration executed the within vVIOLA M. QLSEN instrument pursuant to its by-laws or a resolution of its board of directors. NOTARY PUBLIC-CALIFORNIA s WITNESS my hafid and official seal. COUNTY OF CONTRA COSTA /I � My Commission Expires Qec.23.1971 Signature Viola M. Olsen Name (Typed or Printed) •""+y Corporation' C State of Colifomio w. ss: ' County of San Francisco On this 20th day of March 68 19 , before me personally appeared Louis A. Luzzi known to me to be an Attorney-in-Fact of Argonaut Insurance Company, the corporation described in the within instrument, and.he acknowledged to me that he executed the within instrument as the act of the said Argonaut Insurancp,Cjp accordance with authority duly conferred upon him by said Company. Q 1��• /` .r •' • i,`�^' NOTARY PUBLIC J. A.Fry September 2h, 1971 • 1•' My Commission Expires A FID-981 f (Executed in Tri licate) 9`7823 p Bond No. 120070 Premium: $200.00= per annum BOND AGAUST TAXSS RSM ALL M by TRESS PRESSMTB: TRy►T SILYSR COIISTRIICTI08 CORDO, ON as principal and ARGONAUT INSURANCE COMPANY ure y as saxa kes are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of THEM THOUSAND JHD ------- DELLA= 20.000.00 ) to be paid to the said County of Contra Costa, for the payment of which we and each of us bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. Sealed with our seals and dated this 20_ day of 19_fi8�. The conditions of the above obligation are such that MIISRERS, the above bounded principal is about to file a Nap entitled SUBDIQISIgI 3737, TSE HILL and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said Tract of land covered by said Map, which taxes and special assessments collected as taxes, are not as yet due or payable. Now, therefore, if the saidSILYSR CONSTRUCTION CORPORATION shall pay all of the taxes and special assessments colloc"M as taxes which are a lien against said tract of land covered by said Nap at the time of the filing of said Map of said Tract, a this obligation shall be void and of no effec Otherwise, 11 re- wain in full force and effect. sILVE - STRUCTI ON _ By fie pal AR NA Surety By ti Louis A. Luzzi, Atto -in$1Wty STATE Of CALI> ENIA aDum Or CONTRA OOSTA) and Sureties named in the foregoing bond, being duly sworn, eacS for himself says: That he is a freeholder and resident within said State and is worth the said sus of DOLLAIIS, over and a s debts and liabilities, exclusive of property exempt from execution. Subscribed and sworn to before ■e this day of 19 1 r' IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain road as CouLity ) RESOLUTION PTO. 6 4S4 road , Subdivision 373 s ) LafiyeVe Amw. ) WHEREAS the Public Works Director having notified this Board that improvements have been completed. in Subdivision 3738. LatWO"o area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; N0149 THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of estab- lishing a terminal period for filing of liens in cage of action under said Subdivision Agreement: Subdivision Date of Agreement N Treat 37389 Lafa"tte arta lebseasf 13, 1968 (Hartford Accident and Indemity Cespan7 - Bend No. 3921953) BE IT pURWR WOLM that the Publie Moria Dlreet" 16 AU'i80R=m to retund to western Title Guaranty CeepaaJ, KarUaea. Caliternias 1500 each deposit as caret, under the eubdi'visien A6seernt s as evidenced by AUditee n steeift See 64032 dated February 9s 1969. BE IT FURTHER RESOLVED that the hereinafter described road , having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the Fame accepted and declared to be a County road of Contra o to County: W=LLOUMM COURT w *AM gad aedieatsd fon ptblie use OR the w of Srbdirieiea 3738 filed l�tbmaatir 14. 19�� is Dont 119 Of KW8 at Pad* 11 P Official Records of Contra Costa County, State of California. PASSED AND ADOPTED thir. day of J11Y , 196_0 by the following vote of the Board AYES: Supervisors James P. K="q Jess S. Meriambye 2hons John Cell, Zftusd A. Liassheid. Alfred K. Dias. NOES; Hone. ABSENT: None. RESOLUTION NO. 69/484 Form 23.3 6/68/200 l I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution entered on the minutes of said Board of Super- visors on the 23rd_ day of July 196 8 . Witness my hand and the Seal of the Board of Supervisors affiked this 2W day of July , 196 8 * W. T. PAASCH, CLERK By , "al'sPut Depu y Clerk ad: Recorder Public Works (2) Highway Plenring (2) Busineve & Serrioes Diwieion P. W. Maintenance Division Subdivid.ar RMOLUTICK No. 68/484 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 3738, Lafayette Area.) RESOLUTION NO. 68/90 WHEREAS a map entitled Tract 371A , property located in the &..��, having been presented to this Board for approve , said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property Included in the map, and that the ourrent 196761969 tae lion has been paid in fbll l end Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4. Title 8, of the County Ordinance Code; sssurliW Bonds issued by Hartford Aeeldent and Indsmal1W Company with Marchant Development Co.. Inee as priwipal9 as follows: Bond No. 3921833 in the asmut of M.300 for raithfbl Psrforasaee. and $49800 Labor and iKaterlelsg to tuarentse eoapletion of road and street Improvements; $500 each deposit (Auditor's Reseipt No. 64032 dated February 9. 1968); $240 inspeetion fee. Subdivision agreement between Narehant Development Coeg Ina.. 3377 14t. Diablo Boulevard. Lafey , ClIsropsta, subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete road and street improvements, etc., in said subdivision within one year from the date of said agreement; RESOLUTION NO. 68/90 Form #23 NOW, THEREFORE, BE IT RESOLVED that said bonds Md deposits and the amount* thereof be and the same are hereby BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept on behalf of the public any of the streets* reads* avesueso or easssssts shows thereon as dedieated to public use. PASSED AND ADOPTED this 13th day of liebma37 , 1968 by the following vote of the Board: —� AYES: supervisors James P. KuMq Jsines Be Norlartwe Thomas John Coli, Edaund A. Linseheld, Alfred Me Disse NOES: Nonee ABSENT: None. oot Public works (3) Highwq Planning Subdivider Title Coao4ays c/o P/W CERTIFIED COPY Y certify that this is a frill, true & correct copy Of 2 •itrr,r>�,i ;•?i!':Ss 7: n?t ii?f� ±1 Mit office, the orirf�al il�� , +h,, Poard of 'lnd that ';. ::'.:, . .%: •c '•t(-,• ,n-niiffornia, on of !ten•; r� ,•fia:' _,p_ _ ,he d=ate s'nov.rn- -- TEST: `•" T l'`i ASCli, county Jerk&ex-officio clerk of said Board of Supervisors, by deputy clerk. a 6 onc RESOLUTION N0. 68/90 Form #23, Pg. 2 PUBLIC WORKS DEPARTMENT VICTOR W. SAVER CONTRA COSTA COUNTY F._ R:BROWN PUBLIC WORKS DIRECTOR EPUTY PUBL$C WOKS :IRECTOR ROAD COMNtISSIONER.SURVEYOR GTH rLOOR. ADMINISTRATION BUILDING MARTINEZ, CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228-3000 DEPUTY PUBLIC WORKS DIRECTOR February 13, 1968 Subdivision 3738 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3738 in Supervisorial District III in the Lafayette area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is February 13, 1969. 2. A Surety Bond in the amount of $4,300 (Hartford Accident and Indemnity Company, Bond No. 3921853) and a $500 cash deposit (Auditor's Receipt No. 64032 dated February 9, 1968) which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond in the amount of $4,800 (Hartford Accident and Indemnity Company, Bond No. 3921853). 4. Letter from Tax Collector's Office stating that the 1967-68 taxes have been paid in full. The map is submitted for filing by western Title Guaranty Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR '�1. SAU Public Wor i to By / VLC:mj V. L. Cine Assistant Public Works Director cc: Title Company Highway Planning Planning Construction a EMMETT HITCHCOCK LORRAINE K. PLANZ COUNTY TREASUIZER.TA7I COLLECTOR PRINCIPAL CLERK TAX-COLLECTOR'S OFFICE PHONE 220.3000 EXT. 305-306-707 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZCALIFORNIA FIRST INSTALLMENT OF TAXES DUE AN .D PAYABLE DELINQUENT ON THE FIRST DAY OF NOVEMBER ON THE TENTH DAY OF APRIL SECOND INSTALLMENT OF TAXES F•1 »wo 1' l SECOND INSTALLMENT DELINQUENT OF TAXES DUE AND PAYABLE b �� ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF DECEMBER This will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 3738 and have determined from the official tax records that there are no unpaid county taxes heretofore levied on the property included in the map. The current 1967-68 tax lien has been paid in full. DOWn HITCHCOCK Redemption ficer By: r/ Iffetuty dl I ACTION OF THE BOARD OF DIRECTORS OF PIARCHANT DEVELOPMENT CO. , INC., A CORPORATION, TAKEN WITHOUT A MEETING The undersigned being all of the Directors of Marchant Development Co., Inc. , a corporation, do hereby unanimously consent to the adoption of the following resolution: RESOLVED., That John P. Marchant , President of this corporation be, and he hereby is, authorized to enter into on behalf of* this corporation, a subdivision agreement with the County of Contra Costa covering Subdivision 3 7U and to execute a performance bond, labor and materials bond and tax bond. in connection therewith, together with such other documents and instruments as may be incident thereto . DATED: February 7, 1968 .b3sther G. Ma V n P t rson lr ohn P. Marchant . CERTIFICATE OF SECRETARY I, Kay Dahlgren , Secretary of Marchant Development Co... Inc. , a corporation, do hereby certify and declare that the foregoing is a full, true and correct copy of a resolution adopted by action taken by unanimous written consent of the board of directors without a meeting, dated and that the By-Laws of this corporation authorized tle }directors to so act; and that said resolution is now in full force and effect. In testimony whereof, I have hereunto: set my hand and affixed the corporate seal of said corporation this -A ; day ofAl 191 g Secr ary Kay Dahlgren (Affix corporate sea!) STATE OF CALIFORNIA County o} Contra Costa ss. County in which acknowledgement it taken On February 6.19 before me, the iindArSnprl a Notary Public,in and for said** C-Ontra CaSf:n Wfits or type nome O notary County and State,personally appeared- John P. Martehanti ____known to me to be_ 'k'•hp rPGi t'2]f of the corporation that executed the within instrument and also known to me to be the person—who executed it on behalf of such corporation and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. ' DFLFINA NORDABY o **If notary is commissioned in another County Notary puoi`' ♦ In addition to signature type or print name of notary strike"said"and name County. Contra Costa County • Nota Public 2 Stale of Glifotnis Dei.Fina Nord�aby (Corporation Grantor) f, BOND NO. 3921853 IMPROVEMENT SECURITY BOND Premium: $72.00 (Faithful Performance & Maintenance, AND Labor & Materials) (Calif. Bus. & Prof. Code §ZZ6Z2; Contra Costa County Standard Form) Z. OBLIGATION. (Principal) MARCHANT DEVELOPMENT CO., INC. and ure y F0� as Principal, INDEMIMCURFANTa corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in California, as Surety, ere y jointly and severally bind ourselves, our heirs, executors , administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintenance) FORTY-THREE HUNDRED AND 00/100 Dollars ($ 4300-00 ) for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials) FOURTY-EIGHT HUNDRED AND 00/100 Dollars ($ 4800'00 ) for the benefit of persons protected under Cal. Bus . &Prof.Code §11612. 2. RECITALS. The Principal contracted with the County on JANUARY 23, 1968 to install and pay for street, drainage, and other improvements in Subdivi- sion No. 3738. , as per map now being filed with the County's Recorder, and to complete said work within . .365 Days from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according- to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on FEBRUARY 6, 1968 PRINCIPAL SURETY MARCHANT DEVELOPMENT CO., IND. HARTFORD ACCID AND INDEMNITY COMPANY (L By r Jf!/l t/% y�� /liC�G%'��-11�1. t B r ` , Attorney in fact State of California ) ss, County of Alameda ) (ACKNOWLEDGMENT BY SURETY) On February 6, 1968 , the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorneys)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Surety and his/their own name(s) as its Attorney(s)-in-Fact. �IJI. Notary Public for said County and State (Imp. Sec. Bond, CCC Std.Form) (NP-Z5;Rev. 8-67; 200) ��`� SUBDIVISION AGREEMENT (§1) Subdivision: 3738 (§1) Subdivider: Marchant eve opment (B. & P. Code §§11611-12) Co., Inc. 1 Effective Date : 2-13-6 (Contra Costa County (§1) Completion Period: one year Standard Form; 8-67) (§4) Deposits : A. (cash) 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ 4300 2. (labor,materials) 1. Parties & Date. -Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the Improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free froF defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, 91 divider shall, pursuant to Bus . & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . B. Bonds, etc. : (t - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit, a certified or cashier' s check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section 2; and if, at any time before the County's resolution of completion for the subdivision, the improvement plan proves to be inadequate in any respect, Subdivi- der shall make changes necessary to accomplish the work as promised. _1_ I LEDa F W. T. PAASCH CLER!( BOARD CF MrMISCRS CONTRA COUNTY D .l�Gkl/C_—Deputy �y 6. No Waiver by County. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions , officers, agents and employees; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The- promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 8. Costs. Subdivider shall pay when due all the costs of the work, including inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. U. Assignment. If before County accepts these improvements, the subdivision Is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. 12. Record Map. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying; with State laws and County ordinances. -2- COUNTY OF A SUBDIVIDER: (see note below) By MARCHANT DEVELOPMT CO., INC. Ch an, Boar CQervisors By ATTEST: W. T. PAASCH, County Clerk official capacity & ex officio Clerk of the Board in the business) John P. Marchant, President ByANote to Subdivider: (Z) Execute Deputy ac nom a gment farm beZow; and (2) If a corporation, attach a certified copy of (a) the by- FORM APPROVED: JOHN A. NEJEDLY lams or (b) the resolution of 7) . ri7// Att rney the Board of Directors, authori- zing execution of this contract ByZI and of the bonds required hereby. Deputy State of California ) ss. (Acknowledgment by Corporation, County of � ) Partnership or Individual) On � �+-� 7 /9L,P , the person(s) whose name(s) is/are signed above for Subdi4lider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and ac- knowledged to me that he executed it and that the corporation or partner- ship named above executed it. ♦♦♦ee♦♦♦♦♦ee♦oao♦♦♦♦e♦ DELFINA NORDABY ♦ ~` Notary put is ♦ _ i g Contra Costa County ♦ State of California + DELFJNA NORDABY +♦♦♦♦♦♦♦♦♦♦'+♦e♦♦♦+♦♦♦+ Notary Public for said County and Ua.te (Subdiv. Agrmt. CCC Std. Form) (HP-9; Rev. 8-67; 200) -3_ IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA February 22 1972 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 3745, Moraga Area ) Deposit: $500 ) Auditor' s Permit No. 7650LL ) Dated September 4, 1969 ) Refund to: ) Burton-Bollinger Properties ) 2 Bryant Way ) Orinda, California 94563 ) On November 2h, 1970 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 22nd day of February , 1972 cc : Public Works (2) W. T. PAASCH, CLERK Subdivider ++ rr � By �aU.C�u G �}Ji�� (` , Deputy Clerk Helen C. Marshall IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain roads as County ) RESOLUTION NO. 70/782 roads, Subdivision 3745, ) Moraga Area. Mork Order 6752. ) WHEREAS the Public Works Director having notified this Board that improvements have been completed in Subdivision 3745* Nora area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Z, Subdivision Date of Agreement 3745, Noraga ansa 9eptMber lo, 1969 ` (Argonaut Insurance Coepaep - Dend 36. 12M4) BE IT FURTHER RESOLVE that the 0 cash deposit as surety (Auditor's Receipt No. 76504 dated tete! 49 1969 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads , having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be _ County roads of Contra Costa County: ° -Jo 0 DRM (36/56/0 .l�1� BRECK OWRT (32/5'2/0.01 ) zippy Coag (32/52/0.041 s��TtT pFAKA 0^Ao. " (36/56/0-03) C DOLLIMaBIt MN ROAD widening (-------N--) as shown and dedicated !br public use on the snap of dubdivisiao 3745 tiled 9e0eeeber ils 1969 in book 128 of baps at Page 5, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 24th day of NOymbsr 197 0 , by the following vote of the Board: AYES: Supervisors J. P. KaWt J. B. 14briarty, E. A. Linscheid, T. J. Coll. NOES: Rww' ABSENT: Supervisor A. K. Dias. RESOLUTION NO. 70/782 I HEREBY CERTIFY that the foregoing is a true and correct -copy of a resolution entered on the minutes of said Board of . Supervisors on the date aforesaid. Witness my hand- and the Seal of the Board of Supervisors affixed this 2! th day of November W. T. PAASCH, CLERK B1 Mildred 0. Ballard Deputy Clerk acs Recorder Public Works (2) Subdivider aminioY no. 7o/782 Fora #11.5; 2-69-500 In the Board of Supervisors of Contra Costa County, State of California Juns 23 19,70 In the Matter of Exoneration of Tax Bond on Tract 3745, Moraga Area. The Office of the County Tax Collector (Redemption Department) having advised that the 1969-1970 taxes on the property included in Tract 3745 have been paid in full; On motion of Supervisor A. M. Dias, seconded by Super- visor J. P. Kenny, IT IS BY THE BOARD ORDERED that Tax Bond No. 127775 issued by the Argonaut Insurance Company in the amount of $2,250, guaranteeing payment of said tax, is hereby EXONERATED. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, T. J. Coll. NOES: None. ABSENT: Supervisor E. A. Linseheid. I hereby certify that the foregoing is a true and correct copy of an order wed on the nimufes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Bonding Company Supervisors Tax Collector affixed ;his 23rd doy of June 197*0 W. T. PAASCH, Clerk Byvl^'I w Deputy Cleric Doro L&Marini' H 24-5/69-tom /f TO jaunty CSfrk DATE June 19, 1970 FROM County TAX COUeCtor SUBJECT Tract 3745 The 1969-70 taxes on the property included in Tract 3745 have been paid in full so the band can now be exonerated. SIGNED PLEASE REPLY HERE >ea TO DATE RECEIVED U. 2 -2., jq'7v W, PAASCH CLEgjC 00 p Off`SUPERVIBOCIO 0 A COST$ CO.. pY .. .e%Z.✓Lh.n::�sDeputy SIGNED INSTRUCTIONS - FILL IN TOP PORTION. REMOVE DUPLICATE (YELLOW)AND FOR- WARD REMAINING PA14TS WITH CARBONS. TO REPLY, FILL IN LOWER PORTION AND SNAP OUT CARBONS. RETAIN TRIPLICATE (PINK) AND RETURN ORIGINAL. f ORM M163 L 550 CALIFORNIA STREET • SAS: FRANCISCO, CALIFORNIA 94106 r June 17, 1970 . County of Contra Costa County Clerk Martinez City, California • 1 Re: Bond No. 127775 - Wallace Real Estate Corp., a Corp. Gentlemen: The above mentioned bond was executed on August 29, 197a and covers payment of taxes and special assessments fo Subdivision Tax Bond - Payment of tax on Subdivision T7k5 Would you please advise us if these taxes have been paid and if the liability under our bond can be terainated. Very truly yours, Suzy r2cock Bond Department 5 � i a r i i IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIL In the Matter of Approval ) of Subdivision Map of ) Tract 3745, Moraga Area. ) RESOLUTION N0. 69/579 WHEREAS a map entitled Tract , property located in the , having beet p esented to this Board for approve , sa map hav ng been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the 1969_1970 tax, which became a lien on the First of March, 1969, is estimated to be $20250; and Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4, Title 8, of the County Ordinance Code; Surety Bonds issued by Argonaut Insurance Company with Wallace Real Estate Corp., a corporation, as principal, as follows: No. 127774 in the amount of $64,500 for Faithful Performance, and $65,000 for Labor and Materials= and Cash deposit (Auditor's Reseipt No. 76504 dated September 4, 1969) in the amount of $5001 and Tax Bond No. 127775 in the amount of $2,250 guaranteeing payment of estimated 1969-1970 taxi and Inspection fee in the amount of $4,5251 and Subdivision agreement between Wallace Real Estate Su��is or nlnd�he Cou�y o�'Contuariftosta wheerein said sub- divider agrees to complete road and street improvements, etc., in said subdivision within ,= year from the date of said agreement; RESOLUTION NO. 69/579 Form #23 NOW, THEREFORE, BE IT RESOLVED that said bon# and deposits and the amounI thereof be and the same are hereby APPROVED. BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the _ Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same Is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads,, avenues or sasesrnts shown thereon as dedicated to Public use. P11.SSED AND ADOPTED this 10th day of Septslber , 19;, by the following vote of the Board; AyEs: Supervisors J. P. Kenny, A. M. Dias, T. J. Coll, B. A. Linscheids J. E. Moriarty, NOES; None. ABSENT: None. CERTIFIED COPY [ certify that this is a full, true & correct copy of the origincd do,ni;r,:- it whiich is on file in my office, and that it .r;is ;.'e:: d, rlor•'Le:l by the Board of .SClper`1iS07'S Oi Co' :it'.— C-,—ra CtOl at7 ,, California, on the date shov'n. ATT EST: W. T. I'tLiaC£3, county clerk&ex-officio clerk of said Board of Supervisors, by deputy clerk. SEP 1 0 1969 Highway Planning c/o cc: Public Works (2) Subdivider RESOLUTION NO.Vf9/579 Form 23 r, . SJPDTVISION ACRE71-ENT (§1) Subdivision 3745 (§I) Subdivider:MallactReal Estate e. (B. P. Code §�,Z1,EZZ-i2} Cor a corporation, e ( 1 E_'feetiv-3 Date to 6�____ (COntra Costa County (§1) Comoletion Period-• one Year Standard Form,; 8-67) (§4) Deposits : A. (cash) $500. B. (bonds, etc. ) 1. (faithful perf.. -& maintenance) $64 500 2. (labor,materials) 5,000 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. %r.;rro: ::e�:ts Subdivider shall construct, install and complete road and s%reet imorovements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future a.-mendments , and all ir.iproverrents required in the approved imp,overlent plan of this subdivision on file in the County's Public Works Department. Subdivide- shall complete this work and improvements (hereinafter called ":•:orkit within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and follo:•:ing) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the Count; Ordinance Code and rulings made thereunder; and i:here there is a conflict betweenthe imorove- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Cua2antee & l aintenance. Subdivider guarantees that the work is and t:=f11 be free from defects and ::ill perform, satisfactorily in accor- dance with County Ordinance Code §8424; and he small maintain it for one yea.- after its comipletion and acceptance against any defective workmanship or *materials or any inisatisf a story pCr'fcrmance. �. I771nroyement Secur ty: Deposit & Bonds. Upon executing this Agreement , Subdivider shall, pursuant tc Bus. & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (2 - Fal.thffZ Performance) additional security for at least the above--specified amount . :-:hich is the total estimated cosi, of the ::'ork less $500, in the form of a cash deposit, a certified or Cashierts check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the vork for .one year after completion and acceptance thereof a&ainst any defec- tive workmianshio or materials or any unsatisfactory performance; plias_ (2 - Labcr• & Alateria's) another such additional security In at least the above-specified amount, which is the full amount of said est-mated cost$ secur i:?g payment to the contr-ctor, to his subcontractors , and to persons renting equ�Dmerit or f urnishin- labor or I;Iatel'ia.ls t0 the.P. CD or to the Subdivide_—. i+u: �'c_r3:✓. S`L;bdtividc :•7arrai?'s th.tat said _mpro ernes �13n IS ade- au.ate to accci;i?olish thil s Z^oznk as .romiced in Section 2 and ii, at any i•ii'i�? before the Co-inni.y' s resolution of cerip-Le`.i.Cn for the s bdI vi^;ion. the _ i pros]?: E nL plan 'J?'Gl'n5 to be inadequate In any respect, Subdivi- der shall mal Le char.,:,-es n^Cessary to accor plish Uhe :•:olrk as pro-mised. -1- 6. No Waiver b, Cozenty. Inspection of the work and/or materials , or approval of i.;or - and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, o.- acceptance .acceptance of the whole or any part of said ijork...and/or materials , or payments therefor, or any combination or ali *o-t1these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure" .to comply with any of the terms and. conditions hereof. 7. indemnity. - Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, 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 ii.hether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causin4 liability are any act or omission (negli gent or non-r_eglioent in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or core of them; D - ;ton-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specifications) in con- nection ,��1 th this work or subdivision, or has insurance or other in- demnification covering any of these matters. S. Costs_ Subdivider shall nay when due all the costs of the work, incl�:aing inspections ,hereof and relocating existing utilities re- quired thereby. S. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. 10. Nonperformance and Costs. If Subdivider fails to complete the work and improvements Svithin the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of complexing the improvements. Subdivider shall pay all reasonable attorneys' fees, costs of suit , and all other expenses of liti,;ation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements, the subdivision is annexed to a city, the County may assign to that city '.I!- agreement and/or any deposit or bond securing them. Z2, _record 1'a7. In consid._•ation hereof, County shall allow Si:bdiv-der to file and record said subdivision Trap, and reco;nizes this sub :i 7-1 cion as one complying. with State laws- and County ordinances . -2- SUBDIVIDER: (See ;dote Below) WALLACE REAL ESTATE CORP. , a corpora ion ��gFFyX &CAL) BY �� ! waliace, President us e 1 Brumne COUNTY OF CONTRA COSTA Jo E. B zzo By airr::al1, Board Supervisors Frank 1' . D eger AT'T'EST: W. T. PAASCH, Count;; Clerk ex officio Clerk of the Board er� ne 1c)e„ By Note • :? o 0t,1. 1y:n,�2.: Execute Deputyacrr.o•��1.c ,:-i.:,.. ,'o-'.r� re'_•o`; cr:a (2) If a attac,, a certified copy of (a) the by- FORM APPROVED: JOHN A. NEJEDLY Zaws or (b) the resotution of Distri t Atto ' Bey the Board of Director's, author.,- Zing execution of this co-ntract By - _ _ and of the bonds reguirza hereby . Deputy � sem, i; � �: �c s r ?: i .. � i; �c % «'• . .. is 3: II i5 .. � 3c :? % $ I: is a: r � ?: .. State of Cali Torn' p ss. (Ackno l edgmer.t by Corpo2la t ion, County of � too* Pat=t;iership or Individual) OTi �_6, signed � C. : r �T^ above fox• S bdivider and iiia is kI_o:.:, to i-, e 'Go be the individu:_Je and officer Or -oar'ner as stated above i:'SO st1;Il�r' thjs instrument , and cc-- kllOti'i1ed ;t.C, t-O P.ic. tY?2.tt(?E'y e::@.,:!tcd 1 t; 2.I.d tYlat• rl OrpOi aiGt? or ship named above e ecut�_-d it . QtWltitlgtili[Iit2t7t1:7i21/1ltlYl::'?"-•" ,...,, � _ OFFICIAL � ,. -- — -- -- R. %V. NOTARY 11t'14C It COUNTY OF COT:7RAf 2 Oma' s a. d 1,�}'_i YI �J a:j(•( 4:�. •f: (Subdiv. g2l.ri,t. CCC Std. Form) (H?-9- Rev. 8-67; 2100) J Bond No. 127774 Premium $98.00 r. %G•*- :E:.'= SEC 1 ai ..1 U PG_ 1 O_ ..a . 6 i Y:L �j. �. s Al;D Lvbor 1_Q i3r2� (CaZif. Bus. Prof. COQe §Z1612; COii�2'a Co.;ta County Standard Form) Wallace Real Estate Corp. , a corporation, Russell J. Bruzzone Z. OBLIG f,IO.r. Bnd Joan E BrVzzone has wife Frank W. Drae er and Ardith raeger his wife, Cfark E. . Waflace and Geralgine r (F-r-i.rncipaa)rl- Wallace, his wife _ as rrl>?ciTal., and ( iT 'F_r1-tY) ARGONAUT INSiJRArJSrFiS+4MPl�NY -----___ a-col-rorat.ion organized and existing under the iasis of t:?e State of California and authorized to transact surety business in California, as 3ur_!,Ly, herel) jointly and severally bird ourselves, our heirs , executors, administrators, successors and assigns to the County of Contra Costa, California, to pay _L (A - Faithful Perfor.:^.ance, & Maintenance) SIXTY-FOUR THOUSAND FIVE HUNDRED _ Dollars ($ 64,500 ) fG_' itseii or, any City-assignee under the beic,.--cited subdivision contract, plus (B - Labor & Materials) SIXTY-FIVE THOUSAND _Dollars ($65,000 ) for the benefit of persons protected under Cal. Sus. &Prof.Gode llb�2_. — 2. ' RECITALS. The Principal contracted with the County on to instal and pay for street, drainage, and other improvement's in Subdivi- sion No. 3745 as per map noir being filed with the County's tRecorden, and to complete said work within one year _ from sa-id date, all in acnordance with State and local lavas, rulinss thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully perfo-'ins all things required of him according to the termsand conditions of Said contract and improvE:ment plan and improvements agreed on by him and the County , then this obligation as to Section 1-(A) above shall beco.,ie null and void, except that the guar- antee of maintenance continues for the one-year period; and if, he fully pays the contractors, subcontractors, and. pirsens renting equipment or furnishing labor or materials to thele for said work and improvement , and protects the premises fro,-,i claims of such liens, then this ebligatinn as to Section 1-(B) above shall becoiine. null ::rd ?Teid; o-her:.ise th -S obli,�-.i:iC7ii reifiai ns in f uli force and effect . No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without furter notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself, pound without regard to and independently of any action against ?Yin^_ipal whenever taker., and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SE�_LED on August 29, 1969 PRINCl^^L SURETY WAI.Z�C�RF.AT, FSTATE CORP State of Californiaclit3 --- -- County and Sao Francisco ss _ S County of 111 -ney=in-Fact On this 29th day of August 19 69 before me personally appeared John R. Lamberson known to me to be an Attorney-in-Fact of Argonaut Insurance Company, the corporation described in the within instrument, and he acknowledged to me that he executed the within instrument as the act of the said Argonaut Insurance Company in accordance with authority duly conferred upon him by said Company. �tlllIIU1111111111111111111111111111111111111111111111111�� , !� DONNA M. SMITH NOTARYrVBBLIC NOTARY PUBLIC-CALIFORNIA a' DONNA �t9. SMITN Cli Y AND COUNTY OF SAN FRANCISCO �IIIIIIIIIIIIIIi1tIlU111lIIIIili111111111111111111111N1r My Commission Expires tity Commission Expires Dec.19,M111111 F10-951 ACTIOr: OF T,E BOARD OF DIRECTORS Orw LLACE REAL ESTATE CORP., A CORPOPJATI01, TAKEN WIT-HOUT A 1 FETING The undersigr_ed being all of the Directors of WALLACE REAL ESTATE CORP. , a corporation, do hereby unanimously consent to the adoption of the following resolution: RESOLVED: That W. E. WALLACE , President of this corporation be, and he hereby is, authorized to enter into on behilf of- this corporation, a subdivision agreement with the County of Contra Costa. coverirg Subdivision 3745 and to execute a performance bend, labor and materials bond and tax bond in connection therewith, together 'with such other documents and instruments as may be incident thereto , DATED: August 22, 1969. DIRECTORS• CERTIFICATE OF SECRETARY / Secretary ofo at� � C a corporaticn, do hereby certify and declare tha` the foregoing is a full, true and correct copy of a resolution adopted by action taken by unanimous mritten consent, of the board of directors without a meeting, datede2o 9 , and that the By-Laws of this corporation authoiMizzed the directors to so act; and that said resolution is now in full force and effect. In testimony whereof', I have hereunto set my hand and affixed the + e orpo rate seal of said corporation this .Z z- day of , Secretary (_Aff_ix corporate sea!) PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER.SURVEYOR 6TH FLOOR, ADMINISTRATION BUILDING MARTINEZ, CALIFORNIA 94553 R. D. BROATCH TELEPHONE 220.3000 DEPUTY PUBLIC WORKS DIRECTOR September 10,1969 Subdivision 3745 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3745 in Supervisorial District III in the Moraga area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for com- pletion is September 10, 1970. 2. A Surety Bond in the amount of $64,500 and a $500 cash deposit (Auditor's Receipt No. 76504 dated September''A, 1969) which amounts arerrequired to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond in the amount of $65,000. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1968-69 tax, which became a lien on the first Monday of March, 1969, 1s estimated to be $2,250. 5. Tax Bond in the amount of $2,250 guaranteeing payment of estimated property tax. The Map is submitted for filing by the Western Title Guaranty Company under the pro- visions of the County Ordinance Code and all required deposits2and fees .have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, 72 CTW. SA S Public Works re , r By V. M CLi RGA:sc Assistant Public Works Director cc: Title Company Highway Planning Planning Department Construction Division EMMETT HITCHCOCK EDWARD W LEAL JR COUNTY TREASURER+TAX COLLECTOR ASSISTANT TAX COLLECTOR'S OFFICE COUNTY JREASURCw.TAX COLLECTOR 1`14ON6- 228. oO ALFRED P LOMELI EST .1-,- -3-, 2397 CONTRA COSTA COUNTY TA. OE••LE MANAGER FIRST INSTALLMENT OE TAVES FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 O[LINOU[NT DUE AND PAYABLE Q ON THE TENTH DAT OF O[CEwBE4 ON THE FIRST DAY OF NOVEMBER Augm V 19, 1909 SECOND INSTALLMENT OF TAXES SECOND INSTALLMENT OF TAXES �O DELINQUENT DUE AND PAYABLE ON THE TENTH DAY OF APRIL ON THE FIRST DAY OF FEBRUARY IF THIS TRACT IS !DT FILED B7 OCTOBER 31, 1969, THIS LETTER 0 WO This will certify that I have examined the map of the proposed subdivision entitled: TRACT h0. 3745 and have determined from the official tax records that there are no unpaid County taxes heretofore levied an the property included in the map. The currentl96"9 tax lien has been paid in full. Our estimate of the 19b_ tax lien, which became a lien on the first day of March,1969, is X2,250.00 DBETT HITCHCOCK Redemption Officer By: "W Deputy m Bond No. 1277'75 Premium $23.00 rr�••, WALLACE REAL ESTATE CORP., a corporation aid:+ (�.t?°��eAR�s�'ONADT INSURANCE Cmemy .�_._ 2. corporation an% c x.1---vin liu: Com' 'i. !a,.-.s cf ohe S Ua t of California --T- aa..i u c'lut'hoi.:t."..ed to trenc- c k sur ea:•� ► f ' ' . ,;.e V o1is:�.nt;s • In Coli log n�.a as surety 2?'•e fold a.-4d firmly boanc unit.o i :c Count of Cont-r-a CO3 t_, Stat a of In 4he papal sten of TWO,T4_01—M ND._ AM-pjFW-• ---�— Dollars (.)?,250.00 _ - -), to be paid to the said Coiinvy of Contra Costa, for the pay:,ont; of which will and truly to be r..ade !e an—A each of us bind o:ir sel v ez, our heirs, executors, adni.nis- 'Crato-rs and successors, jointly and severally, firmly by these presents. Sealed with our seals and dated thin - 29th day of w August _, 19 69 -.• The conditions of the above obli ati.on Is such thcit 1- E.U3.0, the abova bDunded- principal is about to IL11e a map entitled SUBDIVISION 3745 and covei ln- a subfivision of a tract of land in said County of Conga t Ofoa;.a. and tre:"e are cep Iain liens for ta::es and special assessnent:s collect-ad as ;.n.._4. ar;ainst the said Tract. o_' land covered by said mag, :--, is t.RX ar.:: special assessments collected as taxes, are not as yet '► ... ..-- due or payable. NMI ^•=T��'=;0 4: if the s^;d Principals { O� a s o f t.',- L n In. shall a� all �: �t_c ..a_.e� and taxes wh c_h a_?e a lion. as-ainst said tract of land covered by said can, at 'Che tine of the f ilin?- of, said map of said Tract-, then this o'isat_on sha l :.e void and of no effect. Otherwise it shall reP. - main in full force anC effect—, i AUT I jN COlIPANY yecy` ' c_,n-,srlew�ement PRIIICIPALS: rson,-At &I'€y ito�'FR+¢C �y surety WALLA E *a&/ "�iTR CORP. , a corporation, , res ent Bru one - �Ll `��• ran'- r I 3eSer - art .:�11ISCL AA State of Califomia City and County of San Francisco ss: On this 29th day of August 19 69 , before me personally appeared John R. Lamberson known to me to be on Attorney-in-Fact of Argonaut Insurance Company, the corporation described in the within instrument, and he acknowledged to me that he executed the within instrument as the act of the said Argonaut Insurance Company in accordance with authority duly conferred upon hire by said Company. =Vlllllllllllllllllllllllltllllilllllllllllllllllllllllll_� i _ DONNA M. SMITH r � r NOTARY P)/.L-IC _ .- •aa NOTARY PUS�IC-CALIFORNIA_ =t •� = DONNA M. SMITH CIiY Ao10 CVUNfY OF SAN FRAi�CISCO X111III 111111111111111111111111111llllllllllt:lli1111111117F My Commission Expires MV COmmi55inn FrtZiroc f1Pr tQ� ]QTfI FID-951 In the Board of Supervisors of lot tra Costa County, State of California February 17 19, 70 In the Matter of Releasing Cash Deposit, Subdivision 3746, Moraga Area, Work Order 6700. WHEREAS the Board on November 26, 1968 resolved that the improvements in Tract 3746, Moraga area, were completed for the purpose of establishing a terminal period for filing of liens in case of action under the Subdivision Agreement, and accepted the streets for maintenance; NOW, THEREFORE, on the recommendation of the Public Works Director, and on motion of Supervisor J. P. Kenny, seconded by Supervisor J. E. Moriarty, IT IS BY THE BOARD ORDERED that the street and drainage improvements have successfully completed the one-year satisfactory performance period and all deficiencies developing during this period have been corrected. IT IS FURTHER ORDERED that the Public Works Director is AUTHORIZED to refund to Russell J. Bruzzone, Inc. , 899 Hope Lane, Lafayette, California, the $500 cash deposit as surety under the Subdivision Agreement (Auditor's Permit Number 66352 dated May 299 1968) , which was retained pursuant to Section 8429( b) of the Subdivision Ordinance Code at the time certain streets Were accepted. The foregoing order Was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, J. E. Moriarty, E. A. Linscheid, T. J. Coll. NOES: None. ABSENT: Supervisor A. M. Dias. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed :his 17th day of February, 19 70 W. T. PAASCH, Clerk By Cls Deputy Clerk cc: Public Works (2) Anne M. McSorley Subdivider H 24 12/69- 10M IN TIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the hatter of Completion ) of improvement: and declaring ) certain roads as _ County ) RESOLUTION NO. 68/834 roads, Subdivision 37469 } Mori-gig Area - Work Order 6708. ) t1HEREAS the Public 'forks Director having notified this Board that Improvements have been completed in Subdivision 37469'' Moraga area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of (estab- lishing a terminal period for filing of liens in case of action under said Subdivision Agreements Subdivision Date of /Agreement Traet 37469 Norage area Jose 11, 1968 v (Argonaut Insursnee Company - Bond No. 117657) U IT VUR2KZR RESOLVED that the $500 each bend surety (Audi- torso Reeeipt No. 66352 dated May 299 1968) is =TAZESD for one year pursuant to the requirements of Seetion 8429(a) of the Subdi- vision Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described road,, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same a; accepted and declared. to be _ County roads of Contra Costa County: DBL RIO COURT (32 toot/0.07 mile) DEL BIO WA? (36 feet/0.11 mile) WICKEE DRIVE (36 feet/0.08 mile) as shown and dedicated for publle use on the map of Subdivision 3746 filed June 129 1968 in Boot 121 of Flaps at Page 129 Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 2; day of November 196,8 B by the following vote of the oard: AYES: Supervisors Janes P. z0any. James E. Moriarty lo Thomas John Coll. Edmund A. Linsoheidp Alfred M. Dias. NOES- None. ABSENT: None. RESOLUTION NO. 68/834 Form 23.3 6/68/200 l I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution entered on the ainutes of said Board of Supervisors on the date aforesaid. Witness ay hand and the Seal of the Board of Supervisors affixed. this 26th day of November W. T. FAASCH, CLERIC Mildred 0, Ballard Deputy Clerk cc: Recorder Public Works (3) Highway Planning (2) Business & Services Div, P. W. Maintenance Div. Subdivider i IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 5746# Noraga► Ara. RESOLUTION NO. 68/382 WHEREAS a map entitled Tract , 746 , property located in the Ko&M a , having been presented to this Board for approval, said map hav ng been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the ourrmt 1967-1968 tw lies has been paid in tell and the 1968-1969 toz lir. shish bessae a lien as the first or Mach, 19689 is estleated to be $89800; and Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4. Title 8, of the County Ordinance Code; Surety Beods leased br Argoomt Instrase Ca"my wiw Russell J. Brasaone, Liee as prinelpalg as ft1lewss Beed No. 11764911700 in the soorat of 648.200 ter MOMPertoeeaases sad for Labor sed Naterials to guar rtes oeopletiaa or road and strut bWrs►eaentsi 9500 eash deposit (Auditor"s Receipt No. 66352 dated May 299 1968)1 Tot Goad (Noe 117659) in the anowt or $8.800 mar ntee• Ing pay mot of estimated 1968-1969 tori Inspection !ee or t2*430. Subdivision agreement between RYaNll J• Brrssaae Tae• 899 Hope Lane, Lafayette. CaliterA s subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete road and street improvements, etc., in said subdivision within one year from the date of said agreement; RESOLUTION NO. 68/382 Form #23 NOW, THEREFORE, BE IT RESOLVED that said bond9 end deoo�it� and the amount@ thereof be and the same are hereby APPROVED. BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the VIGO Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map 'e�e same is hereby APPROVED and this Board does not accept of the public say of the streets, reale, evenues or ea w Ms sheuw thereem a+s dedleated to publle nee. PASSED AND ADOPTED this 11th day of Juse , 196e � by the following vote of the Board: — AYES: Ouper►isors Jmes Pe temp• JrM Be Morlar 9 Thom" Jehe Coll, Sftusd Ae LiumboMe NOES: Bone. ABSENT: Super+isor Allred Me Dias* ea: Public Works (3) Subdivider CE?TII{`MD COPY t certify that this is a full. ti.ae & correct copy of taey original clo .?m^nt ..'hich is on file it, My office, acid tha t it t':2.5 = e ; F.- ^c i!"t^"� b,, t'e Board of C,, to Ce,,nty. C.:llifornia, on uhe elate sh'-%,r, A.•-rr. i''k.A scT_j, county clsrl:&es:-officio clerk or said Board of Supervisors, by deputy clerk. on s Le RESOLUTION NO. 68/382 Form #23, Pg. 2 SUBDIVISION AGREEMENT (§1) Subdivision: 3 2,5v-(0 (§1) Subdivider: (B. & P. Code §§116ZZ-12) 1 Effective Date : g� � //, 19&8 (Contra Costa County (§1) Completion Perio4VIE Standard Form; 8-67) (§4) Deposits : A. (cash) 500. B. (bonds, etc. ) 1. (faithful pert. & maintenance) $ 9(8 Zoa•- 2. (labor,materials) ig rJ po' Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "Count ", and the above- named Subdivider, mutually promise and agree as fol ows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs , fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be ree from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement , ubdivider shall, pursuant to Bus. & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . B. Bonds, etc. : (l - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section 2; and if, at any time before the County' s resolution of completion for the subdivision, the improvement plan proves to be inadequate in any respect, Subdivi- der shall make changes necessary to accomplish the work as promised. FILED -1- �ste+at atm tar au�+rvtsaas UNTV 2r W 00-ty 6. No Waiver by County. Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards, commissions, officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these ; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 8. Costs. Subdivider shall pay when due all the costs of the work, inclua inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. 10. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. 11 . Assi nment. If before County accepts these improvements, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. 12. Record Map. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances . -2- I COUNTY OF CONTRA COSTA SUBDIVIDER: (see note below) By Vice Ohairman, Board of Supervisors By ATTEST: W. T. PAASCH, County Clerk (rghebusiness) natefficio ap •ty & ex officio Clerk of the Board By� • (J Note to Subdivider: (Z) Execute Deputy ac nom a gment orm below; and (2) If a corporation, attach a certified copy of (a) the by- FORM APPROVED: JOHN A. NEJEDLY laws or (b) the resolution of District Atto ney the Board of Directors, authori- zing execution of this contract BYZ, - and of the bonds required hereby. Deputy State of California ) ss. (Acknowledgment by Corporation, County of Contra Costa ) Partnership or Individual) On May 23. 1968 , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument , and ac- knowledged to me that he executed it and that the corporation or partner- ship named above executed it . • A. Lambert • A. Lambert Notary Public 0 • Contra Costa County • State of California • •••••••••••••••••••••- Notary Public for said County and State (Subdiv. Agrmt. CCC Std. Form) 'I ftNUk ExPires SMt. 13, 1971 (HP-8; Rev. 8-67; 200) _3_ ACTION OF THZ BOARD OF DIRECTORS OF .SW';- A C046 tTION9' TAKEN 191 MOMUT A 14EETING The undersigned being all of the Directors of a corporation, do hereby unanimously conSent to pe adofffion of-the following resolution: RESOLVED., That * , President of this corporation be, and he hereb is, Mthorized to enter into on behalf of this corporation, a subdivision agreement with the County of Contra Costa covering Subdivision 3 7k4 and to execute a performance bond, labor and materials bond—anc�, `tax bond, in connection therewith, together with such other documents and instruments as may be incident thereto . DA TED: V i GE •- S CERTIFICATE OF SECRETARY I, ,j- �` ,,,..,,�, Secretary of a corpo ion, do hereby certify a-hVdeclar4Wthart the foregoing is a full, true and correct copy of a resolution adopted by action taken by unanimous written consent of the board of directors without a meeting, dated >-f— 6 , and that the By-Laws of this corporation author ' ed thd directors to so act; and that said resolution is noir in full force and effect. In testimony whereof, I have hereunto: set my hand and affixed the corporate seal of said corporation this l day of , ecretary (Affix corporate sea!) PUBLIC WORKS DEPARTMENT - VICTOR W. SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER.SURVEYOR 6TH FLOOR, ADMINISTRATION BUILDING MARTINEZ, CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR June 6, 1968 Subdivision 3746 Honorable Board of Supervisors i Administration Building Martinez, California ' Gentlemen: There is submitted for your approval the map of Subdivision 3746 in Supervisorial District III in the Morage area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is June 11, 1569. 2• A Surety Bond in the amount of $48,200 and a $1500 cash deposit (Auditor's Receipt No. 66352 dated May 29, 1968) which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond in the amount of '348,700. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1969 tax, which became a lien on the first Monday of March, 1968 is estimated to be $$8,800. 5. Tax Bond in the amount of $0,800 guaranteeing payment of estimated 1969 tax. The map is submitted for filing by the l':estern Title and Guaranty Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision agreement on behalf of the County. Very truly yours, VICTOR :ti. Sn ' Public 'Work D' cto Z. 'J• L• Cline Assistant P":v_ic ::orks Director JP:sm Highway Planning cc: Title Company Planning Department Construction Division EMMETT HITCHCOCK LORRAINE K. PLANZ COUNTY TREAS1IRER•TAX COLLECTOR PRINCIPAL CLERK TAX COLLECTOR'S OFFICE PHONE 228.3000 EXT. ]SS.'a°.397 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES DUE AND PAYABLE FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA O[i1N HOUENT ON THE FIRST DAY OF NOVEMBER ON THE TENT/! DAY OF APRIL March SECOND INSTALLMENT OF TAX" �ch 6, 1968 SECOND INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF DECEMBER This will certify that I have examined the sap of the proposed subdivision entitled: TRACT No. 3746 and have determined from the official tax records that there are no unpaii County Lases heretofore levied on the property included in the map. The current _J,%7.jo tax lien has been paid in full. Our estimate of the j:gtas lien, which became a lien on the first V=ftxof March �1968, is i 8.&&-Oo . II4KM HITCHCOCK Redemption Officer By: 7 dl Bond No. 117659 ' Premium: $88.00 BOND AGAINST TAXES ALL TME F! THESE PRESENTS: THAT Russell J. Bruzzone and Joan E. Bruzzone, his wife , as principal an:: (Surety) ARGONAUT INSURANCE COMPANY a corporation o:^-arized and existing under the lairs of the State of California a::d authorized to transact surety business in California as surety are held ani firmly bound unto the County of Contra Costa, State of Caii_"ornia, in the penal sum of EIGHT THOUSAND EIGHT HUNDRED AND N01100-------- ----------------- Dollars 0 8,800.00---------------�, to be paid to the said County of Contra Costa, for the payment of which will and truly to be made, we and each of us bind ourselves, our heirs, executors, adminis- trators and successors, jointly and severally, firmly by these presents. Sealed with our seals and dated this lith day of March , 19 68 The coalitions of the above obligation is such that Z,JHEREAS, the above bounded principal is about to file a map entitled Subdivision 3746 and' coveria;3 a subc:ivision of a tract of land in said County of Contra Costa, ani: t.. .-e are certain liens for taxes and special assessments collected as ta::es, against the said Tract of land covered by said map, ..4.i-'_'_ tares aru spacial assessments collected as taxes, are not as yet :ua or payable. \n' r'i >; G�?. , i the said Russell J. Bruzzone and Joan E. Bruzzone his wife s:iall cay all of t1ie to:ces an:; S-03-3—151 assessfien s ccted as ta::ea which a_?c a lien azainst said tract of lana covered by said map, at the time of the filing; of said nap of said Tract, then this oitigation shall be void and af no effect. Otherwise it shall re- ;.^.a _a fu_1 force an: effect. go Jo E. Bruzzone Russ 11 J. zone r neippal GONAUT AN E MPANY urety John R. Lamberson, Attorney-in-Fact State of Ca{ifomia City and ss: County of San Francisco On this llth day of March 19 68 , before me personally appeared John R. Lamberson known to me to be an Attorney-in-Fact of Argonaut Insurance Company, the corporation described in the within instrument, and he acknowledged to me that he executed the within instrument as the act of the said Argonaut Insurance Company in accordance with authority duly conferred upon him by said Company. h BEVERLY TERRY BE'JERLY TERRY " mar vue • Notary Public ti -J City 3 Co.of San Francisco• State of California 0 •�e��e�eee�a��eee�ee• M! CommWien Elphu September 13, 1971 My Commission Expires "-951 IMPRO�TEiiii:T SECURITY BOND Bond No. 117657 Premium: $723.00 (FaithfuZ Performance & 1,!aintenarce, AND Labor ° lfateriatZs) (Calif. Bus. 6 Prof. Code §ZZ6Z2; Contra Costa County Standard Form) Z. OBLIGATION. Russell J. Bruzzone, Inc., (Principal) Russell J. Bruzzone and Joan 'E. Bruzzbne as Principal, and ure B ARGONAUT INSURANCE COMPANTTY . . a corporation organized and existing under the laws of the State of California and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintenance) FORTY EIGHT THOUSAND TI-10 HUNDRED AND NO/100----=---=---==-==--Dollars ($48,200.00-------) for $48,200.00------ for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials) FORTY EIGHT THOUSAND SEVEN HUNDRED AND N0/100-----------------Dollars ($ 48,700.00------ for the benefit of persons protected under Cal. Bus.&Prof.Code §11612. 2. RECITALS. The Principal contracted with the County on March 19, 1968 to Install and pay for street, drainage, and other improvements in Subdivi- sion No. . 7411 , as per map now being filed with the County's Recorder, and to complete said work within one year from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him accordInE to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. -.--No--alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and aFt-aes that if County sues on this bond Surety will pay reasonable attor- ney fsrs :'axed by court to be taxed as costs and included in the judgment. $IGNED !PATI` SEALED on March 19, 1968 PRI::CIPrL Russe Bruzzone Inc. SURETY By: AR AUT I SIC E rC�MPANY Jean F zzone WZEWITL _J• Joh Lam erson, ttorney-in-Fact State of California ) ss, County of San Francisco ) CACKNOWLED�MENT BY SURETY) On March 19, 1�-6i,T the Der sons) whose na.-_e;3) is/L� signed above for Surety and who is known to me to be the Attorney()&)-in-^act for th-s Corporate Surety, personally appeared before -e and acknowledged to me that he/ttA* signed the name of the Corporation as Surety and his/ own name(A) as its Attorneys)—in—Fact. � xie�e��s��♦ TERRY j • '`: <:j moi'/ C,-,,rf far,iran:isco• Bever!,,. Terry scute or caiifornia Notary Public for said County and State Mrp. 15'ec. 3or_d, CCC Std.?oz-m) My Ca;r�is_.en _xpi:es Scptemtir 13, 1971 (EP-Z£ a2 L. 3-67 200) In the Board of Supervisors of Contra Costa County, State of California November 12 , lq,69 In the Matter of Releasing Cash Deposit in connection with Subdivision 3750, Rnightsen Area - Work Order No. 6705. The Board on November 6, 1968 having approved the wap of Subdivision 3750, Knightsen area, and having accepted as caw- plete construction of improvements in said subdivision; and The subdivider having at that time deposited $915 (Auditor' s Receipt No. 68802 dated October 2, 1968) as required by Section 8429(b) of the Subdivision Ordinance; and The one-Tear maintenance period having expired, and the improvements having been inspected and found to be satisfactory; NOW, THEREFORB, on the recommendation of the Public Works Director, and on motion of Supervisor A. M. Dias, seconded by Supervisor T. J. Coll, IT IS BY THE BOARD ORIERBD that the Public Works Director is AUTHORV= to return said cash deposit to Prewitt Realty, 1643 Bast Street, Concord, California. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, T. J. Coll, J. B. Moriarty. NOSS: None. ABSEIT: Supervisor Z. A. Linsaheid. 1 hereby certify that the foregoing is a true and correct appy of on order entered on the mUsutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of c c: Public Works (2) Supervisors affixed this 12th day of November , 19 69 W. t. PAASCH, Clerk By/kl�l/ Deputy Clerk Mildred 0. Ballard H 24-5/69-IoM r _ IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATS OF CALIFOINIA In the Matter of Approval of ) Subdivision Map and Completion ) of Improvements in Subdivision ) RESOLUTION N0. 68/??2 37509 Knightsen. Area - ) Work order No. 6705. ) WHEREAS a map entitled Tract 3750, property located In- the Knightsen area, has been presented to this Board for approval, said sap having been certified by the proper officials and being accom- panied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property Included in said map, and that the current 1968-1969 tax lien has been paid in full; Subdivision Agreement between Louis Lozoya, et al., Route 29 Boz 173A9 Oakley, California and the County of Contra Costa for a one year maintenance and satisfactory performance period from the date of said agreement; Cash deposit of $915 (Auditor's Receipt No. 68802 dated October 2, 1968) to guarantee maintenance and performance of the improvements; Inspection Fee of $305; and WHEREAS the Public Works Director has notified this Board of the completion of improvements in Subdivision 37509 Knightsen area; NOW, THEREFORE, BE IT RESOLVED that the improvements in said n1subdivision have been completed.-a-1.1: ' BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and Supervisor A. M. Dias, Chairman of v' this Board, is AUTHORIZED to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements shown thereon as dedicated to public use. PASSED AND ADOPTED this 6th day of November, 1968 by the fol- lowing vote of the Board.: AYES: Supervisors James P. Kenny, James E. Moriarty. . Thomas John Coll, Alfred M. Dias. NOES: None, ABSENT: Supervisor Edmund A. Linscheid. cony OZ co: Recorder Public Works (3) Highway Planning (2) ? ° Business & Services Div. 1 ' P. W. Maintenance Div. Subdivider by - - -- ------ ,,yy RESOLUTION NO. 68/772 PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMM15SIONER.SURVEYOR GTH FLOOR. ADMINISTRATION BUILDING MARTINEZ, CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR October 30, 1968 Subdivision 3750 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3750 in Supervisorial District V in the Knightsen area. The improvements have been constructp d . prior to the filing of the Final Map. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for maintenance guarantee is November 6, 1969. 2. A cash deposit of 3915 (Auditor's Receipt No. 68802 dated October 2, 1968) has been made pursuant to the Subdivision Agreement guaranteeing the maintenance and performance of the improvements. 3. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property. The 1968-69 tax lien has been paid in full• The map is submitted by the Western Title Guaranty Company for filing under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTO &SA Publior V. . ne Assistant Public Works Director Highway planning JP:sc Enclosures cc: Western Title Guaranty Company Planning Department Construction Division EMMETT HITCHCOCK LORRAINE K. PLANZ COUNTY TREASURER-TAX COLLECTOR PRINCIPAL CLERK TAX COLLECTOR'S OFFICE PHONE 228-3000 EXT. 385-386-3417 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES FIRST INSTALLMENT OF TAXES DUE AND PAYABLE MARTINEZ. CALIFORNIA DELINQUENT ON THE FIRST DAY OF NOVEMBER ON THE TENTH DAY OF APRIL SECOND INSTALLMENT OF TAXES October 30s 1%8 8 SECOND INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF DECEMBER IF THIS 71RACT IS NOT FILED B2 FEBRUARY 263, 1969, THIS IETM IS VOID This wil.1 certify that I have wlminsd the map of the proposed subdivision entitled: TRACT NO. 3750 and have determined from the official tax records that there are no unpaid county taxes heretofore levied on the property included in the map. The current tax lien has been paid in full. ENNETP HITCHCOCK Redemption Officer BY: Deputy dl SUBDIVISION AGREEMENT (§1) Subdivision: 37Sb Rl1 Subdivider: Lows Lo �tid _ of OL/ 1 Effective Date: Al,*L/. G , 196$ §1 Maintenance Period: 01%.k to §4 Deposits : A. (cash 9/5 1, (faithful perf-. 1. PARTIES & DATE. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above-named Subdivider, mutually promise and agree as follows concerning this subdivision: 2 . IMPROVEMENT WARRANTY. Subdivider warrants that the road and street improvements, tract drainage, street signs, and all other public improvements were constructed, installed and completed in this subdivision in a manner equal or superior to the requirements of the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) . 3. GUARANTEE & MAINTENANCE. Subdivider guarantees that the afore- said subdivision improvements are and will be free from defects and will perform satisfactorily in accordance with County Ordinance Code; and he shall maintain the improvements for one year after the date of this agreement against any defective workmanship or materials or any unsatisfactory performance. 4. IMPRO VF24ENT SECURITY: DEPOSIT & BONDS. Upon executing this Agreement, Subdivider shall deposit as security with the County: A. Cash: cash; together with . . . J . . . . . . . . . . . additional security for at least the above-specified amount in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after the date of this agreement against any defective workmanship or materials or any unsatisfactory performance. 5. NO WAIVER BY COUNTY. Inspection of the improvements and/or materials, or approval of improvements and/or materials inspected, or statement by any officer, agent or employee of the County indicat- ing the improvements or any part thereof complies with the require- ments of this agreement, or acceptance of the whole or any part of said improvements 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 contract as prescribed; nor shall the County be thereby estopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 6. INDEMNITY. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, 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 -1- damage was unforeseeable at any time before the County approved the subdivision map or accepted the improvements as completed, and includ- ing the defense of any suit(s), action(s) or other proceeding(s) concerning these; C The actions causing liability are any act or omission (negli- gent or non-negligent in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has prepared, supplied, or approved any plan(s ) or specification(s) in connection with the improvements or subdivision, or has insurance or other indemnification covering any of these matters. 7. COSTS. Subdivider shall pay or have paid when due all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 8. NONPERFORMANCE AND COSTS. If Subdivider fails to maintain the work and improvements during the time specified in this agreement, County may proceed to maintain them by contract or otherwise, and Subdivider shall pay the costs and charges therefor immediately upon demand. If County sues to compel performance of this agreement or recover the cost of maintaining the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. 9. ASSIGNMENT. If before the completion of the maintenance period, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and any deposit or bond securing them. 10. LABOR & MATERIALS WARRANTY. Subdivider further warrants that the c aims and liens of all persons, contractors and subcontractors furnishing labor or materials for the installation of said improve- ments in the subdivision have been satisfied. The Subdivider agrees to satisfy any valid claims or liens of labor and materialmen as to the said improvements and subdivision appearing hereafter upon demand by the County. 11. RECORD MAP. In consideration hereof, County shall allow Sub- divider to f—ire and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances. v F= ra -X968 '^-ARS G CU?ERVISUS Coo NTT 1 L - Q- SUBDIVIDER: (see note below) r e) Lucuais• Lozoya COUNTY CO Emily YOZ01 oya By n Cha an, oa pervisors ula 0. West ATTEST: W. T. PAASCH, County Clerk & ex officio Clerk of the Board Omale-a Vilest By (J. Note to Subdivider: (Z) Execute Deputy acknowledgment form below; and (2) If a corporation, attach a certified copy of (a) the by- FORM APPROVED: JOHN A. NEJEDLY laws or (b) the resolution of Dist Attorney the Board of Directors, authori- zing execution of this contract By and of the bonds required hereby. Deputy State of Californ a ) ss. (Acknowledgment by Corporation, County of 13 Zt-A ) Partnership or Individual) On G7jQ9eX V3; the person(s) whose name(s) is/are signed . above for Subdivider aifd who is known to me to be the individual and officer or partner as stated above who signed this instrument, and ac- knowledged to me that he executed it and that e p tion or partner- ship named above executed it. aw�aaaa»wwaun>iant>� OFFICIAL SEAL R. W. JENSEN NOTARY CUBJC - CALFOMIA Jensen .RINOPAL OFf10E it1 THEr COUtITY Of CONTRA COSTA u.wawa�.>HwUauntwaaausu'ruenu& Notary Public for said C o u_n__t__y and 1--tate (Subdiv. Agrmt. CCC Std. Form) (HP-9; Rev. 8-67; 200) -3- In the Board of Supervisors of Contra Costa County, State of California September 10 19, 69 In the Matter of Releasing Cash Deposit, Subdivision 3757, EI Sobrante Area, Work Order 6704. WIXREAS completion of construction of public road improvements in Subdivision 3757, E1 Sobrante area, was accepted on September 24, 1968; and WHEREAS the $500 cash surety (Auditor's Receipt No. 65346 dated April 12, 1968) has been retained for approximately one year as required by Section 8429(b) of the Subdivision Ordinance; NOW, THEREFORE, on the recoemnendation of the Public Works Director and on motion of Supervisor T. J. Coll, seconded by Supervisor A. H. Dias, IT IS BY THE BOARD ORDERED that the Public Corks Director is AUiTTIORIZED to return: said caeb. surety to George Pryde, c/o Pastime Hardware, 157 Sar Pablo Avenue, E1 Cerrito, California. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, i'. J. Coll, E. A. Linscheid, J. E. Moriarty. NOES: Kone. A BSPUT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the Minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed :his 10th day of Seotetabee 19 .� cc: Public Works {�) W. T. PAASCH, Clerk Subdivider By_ay 4. . Deputy Clerk Auditor Anne =I. McSor ey H 24-5/69-tom IN THE BOARD OF SUPERVI.cORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the kiatter of Completion ) of improvements and declaring ) �c 68/638 certain road as County ) RES OLUTION mo. road_, Subdivision 3757, ) El Sobrante Area. ) UHEREAS the Fublic 1--Iorks Director having notified this Board that the public and private Improvements have been completed in Subdivision 3757, El Sobrante area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFOREE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of estab- lishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Asreements Tract 37579 E1 Sobrante area April 309 1968 (The Home Indemnity Company - Bonds Nos. NB 54 99 60 and NB 54 99 61) BE 1T FURTHER RESOLVED that the $500 cash surety bond is RETAINED for one year in conformance with Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described road , having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the Fame _ accepted and declared to be _ County road_ of Contra Costa County: GARDE9 ROAD as shown and dedicated for public use on the map of Subdivision 3757 filed May 19 1968 in Book 120 of *Kaps at Page 289 1 Official Records of Contra Costa County, Ftate of California. PASSED AND ADOPTED thish2 .th day of September , 196 ,,,, by the following vote of the Board: AYES: Supervisors James P. Kenny, Thomas John Coll, Edmund A. Linscheid, Alfred M. Dias. ` NOZS: None. ABSENT: Supervisor James E. Moriarty. RESOLUTION NO. 68/638 Form 23.3 6/68/200 I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution entered on the minutes of said Board of Super- visors on the 24th day of September , 196 8 . Witness my hand and the Seal of the Board of Supervisors affixed this 24th day of September , 196 8. W. T. PAASCH, CLERK BY X11Are4 U. Ballard, Deputy Clerk cc: Recorder Public Works (2) Building Inspection (2) Highway Planning (2) Business & Services Division P. W. Maintenance Division Subdivider RESOLUTION N0. 68/638 i CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT Inter - Office Memo TO: Public Works•Department DATE: Ju1T 10, 1966 Attn: Y.:Cline, Ass't. Director of Public Works FROM: Building Inspection Department By,:--"k. L. Stanley, Grading Engineer SUBJECT: SUBDIVISION 3757 (Private Inwrovements). The private improvements required to be installed as a condition of development of the above subdivision have been completed in accordance with theminiaum requirements of Title S. Division 4, of the County Ordinance Code. It is requested that this be presented to the Board of Supervisors for approval at the same time you present the public improvements for County acceptance. ALS:ads cc: Board of Supervisors J. P. McBrien, County Administrator RECEIVED JUL 10 1966' W. T. PAASCH CLERK BOAv isoRB 13 =TjE0SETACO. Deputy i f� i • t r i t IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval of ) Subdivision 'Vlap of Tract 37579 RESOLUTION NO. 68/270 El Sobrante Area. ) WHEREAS a map entitled Tract 37579 property located in the E1 Sobrante area, having been presented to this Board for approval, said map having been certified by the proper officials and being accompanied by: Letter from the Redemption Officer stating thc.t th.:_•: 3.re no unpaid County taxes on the property included in the map, -.:at the current 1967-1968 tax lien has been paid in full; ad that ! the 1968-1969 tax lien, which became a lien on -�e fix . t Monday of March, 19689 is estimated to be $1,200; and Letter from the Public Works Director stating that zald I map is accompanied by deposits and bonds to guarantee the coi- pletion of road and street improve-ants as required by Divi6 49 Title 8, of the County Crainance _ode; Surety Bonds issued by The Bode .indemnity Company with i George 1-:. Pryde, et al. as principal, as follows: { Bond No. NB 54 99 61 in the amount of $49200 for Faithful Performance, and $4,700 for Labor and Materials to guarantee completion of public road and street improvements; 1 Tax Bond (No. NB 54 76 59) in the amount of $1, 00 guaran- teeing payment of estimated 1968-1969 tax; 1 Surety Bond No. NB 54 99 60 in the amount of ? 800 guaran- teeing completion of private road and street improvements; f $235 inspection fee for public improvements; $45 inspection fee for private improvements; Subdivision agreements between George W. Pryde, et al., c/o Pastime Hardware, 157 San Pablo Avenue, E1 Cerrito, California, subdivider, and the County o'' Contra Costa, wherein said subdi- vider agrees to complete pubic and private road and street improvements, etc. , in said subdivision within one year from the date of said agreement NOW, THEREFORE, BE IT RESOLVED that said bond_; and deposits and the amounts thereof be and the same are hereby APPROVED. BE IT FURTHER RESOLVED that said subdivision agreements be and the same are hereby APPROVED and Supervisor A. M. Dias, Chairman of the Board, is AUTHORIZED to execute said agreements. RESOLUTION NO. 68/270 i i BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or .reject on behalf of the public any of the streets, roads, avenues; ' or easements shown thereon as dedicated to public use. PASSED AND ADOPTED this 30th day of April, 1968 by the following Tote of the Board: AYES: Supervisors James P. Benny, James Be Moriarttiy, Thomas John Coll, Edmund A. Linscheid, Alfred M. Dias, NOES: None. ABSENT: None. I i i 1 cc: Public Works (3) Highway Planning Suivider Building Inspection Dept. C MTZTlr,IBD COPY I certify that this is a full, true & correct copy of the original document whit-1 is (-,n file in my office, and that it bras ras:Fed & adontcd w�- the Board of Supervisors of Contra Costa County, CHifornia, on the date sho::-n. ATTEST: W. T. P_ASCH, county clerk R ex-officio clerk of said Board of Supervisors, by deputy clerk. on RESOLUTION N0. 68/270 PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTYF. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS .^,.RECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR April 25, 1968 Subdivision 3757 REC1_E__VED APR 2 9 1968 Honorable Board of Supervisors W. T. P A A S C H Administration Building CLERK BOARD OF SUPERVIISM Martinez, California srL T sTA Real Gentlemen; There is submitted for your approval the map of Subdivision in Supervisorial District II in the El Sobrante area. Accompanying this map and pertaining thereto are the following documents; 1. Subdivision Agreements, Public Improvements and Private Road. Expiration date of one year time limit for completion is April 30, 1969. 2. A Surety Bond in the amount of 54,200.00 and a $500.00 cash deposit (Auditor's Receipt No. 65346 dated April 12, 1968)which amounts are required to guarantee completion of public road and street improve- ments as required by the County Ordinance Code as amended. Labor and Materials Bond in the amount of $4,700.00. 3. A Surety Bond in the amount of $800.00 which is required to quarantee completion of private road and street improvements as required by the County Ordinance as amended. 4. Letter from Tax Collector's Office stating that there are no unpaid 'l County taxes on the property, and that the 1969 tax, which became a lien on the first Monday of March 1968 is estimated to be $1,200.00. 5. Tax Bond in the amount of $1,200.00 guaranteeing payment of estimated 1968-69 tax. The map is submitted for filing by the Transamerica Title Insurance Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. Board of Supervisors - 2 - April 25, 1968 It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAUER Publi/.""Cilne Director By V. Assistant Public Works Director Highway Planning VLC:sm cc: Title Company Planning Department Construction Division EMMETT HITCHC06K LORRAINE K. PLANZ COUNTY TREASURER-TAX COLLECTOR PRINCIPAL CLERK TAX COLLECTOR'S OFFICE PHONE 228.3000 EXT. 585-388-387 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZCALIFORNIA FIRST INSTALLMENT OF TAXES . DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF NOVEMBER ON THE TENTH DAY OF APRIL SECOND INSTALLMENT OF TAXESFebruary ��' SECOND INSTALLMENT OF TAXES 1%8 DUE AND PAYABLEDELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF O[C[MB[R This will certify that I have eotamined the sap of the proposed subdivision entitled: TRACT NO. 3757 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the sap. The current 1964-48 tax lien has been paid in full. Our estimte of the L 196842 tax lien which became a lien on the first Monday of March a 1968 is $ ls� 2008 . SETT HITCHCOCK Redemption Officer By: _ /7\ k46 zle dl U XNM SUBDIVISION AGREEMENT (§1) YAo Subdivision: 3757 (§1 Subdivider: GEORGE PRYDE, et al (Private Improvements) Effective Date: 4130(.8 (Contra Costa County §1 Completion Period: Form; 8-67) §3 Deposit: (faithful pe 800.00 1. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above-named Subdivider, mutually promise and agree as follows concerning this sub- vision: 2 . Imrrovements. Subdivider shall construct, install and complete private road an street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordi- nance Code, especially Chapter 5 (Sections 8490 et seq. ) of Division 4 of Title 8 and including future amendments, and all improvements required in the approved parcel map improvement plan of this subdivi- sion on file in the County's Building Inspection Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by Section 84G5(d) of the County Ordinance Code, in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a con- flict between the improvement plan and the County Ordinance Code, the stricter requirements shall govern. 3. Improvement Security. (3 - Faithful Performance) Upon executing this Agreement, u ivi er shall, in accordance with Section 8494.10(b) (3) of the County Ordinance Code, deposit as security with the County at leas the above-specified amount, which is the total estimated cost of the work, in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faith- ful performance of this agreement. 4. Indemnity. Subdivider shall hold harmless and indemnify the indem- nitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers, agents and employees; B - The liabilities protected against are any liability or claim for damage of any kin allegedly suffered, incurred or threatened be- cause 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 unfore- seeable at any time before the County approved the parcel map improve- ment plan or accepted the improvements as completed, and including the defense of any suit(s), action(s) or other proceeding(s) concerning these; C - The actions causin gliability are any act or omission (negli- gent or non-negligent) n connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions: The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other indem- nification covering any of these matters. 5. Costs. Subdivider shall pay when due all the costs of the work, inclu3Tn—g inspections thereof and relocating existing utilities re- quired thereby. F I LED ' ��`�� "3 C 1968 -1- A'� tit� W. T. PAASCH CLERK WARD CF SUPERVISORS RECEIVED ONT A OUNTY By Deputy A 4 C _ ki STATE OF CALIFORNIA - SS { COUNTY OF Contra Costa { ON......................APri?..15.s........................................................ 19.x-$, before me,the undersigned,a Notary Public in and for said County and State,personally appeared Donna LZga..7•..?>"Ydea_ anald.. ' PrYde s--------------•---- ............ NOTARY > U't COtiYtA COSTA COUNTY �♦ G►LLtC t�, i. $2rrlet a rxae� ;yorr�an G. ^..ce,_and ranee---•�•---'ry e-- ............ January 30,1972 known to me to be the persons. whose names......AZA.......subscribed to the within My Commission Ex0fes instrument,and acknowledged to me that_:_the....executed the same Notary's Signature... ......-.. ........., -....... ' ........-- GENERAL ACKNOWLEDGMENT Form No.16 Type or Print Notary's Name....................Digpn 1 ` OQ e... ......_................. b. Non erformance and Costs. If Subdivider fails to complete the work and improvements wzt n the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. 7. Assignment. If before these improvements are completed this minor subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. 8. record Iia . In consideration hereof, County shall allow Subdi- vider to file and record said parcel map, and recognizes this subdi- vision as one complying with State laws and County ordinances, and the conditions of approval of the minor subdivision. ry COUNTY 0 TA SUBDIVIDE : (see note below) ByLjorp : C an, ABo ar rvisors George e / ATTEST: W. T. PAASCH, County Clerk By & ex officio Clerk of the Board i agnate ,L�- Norman G.Pryde Frances D.Prydb ' By Note to Subdivider: (1) Execute puty acknowiedgment foFm below; and (2) If a corporation, attacFa certified copy of (a) the by-laws or (b) the resolution of the §card of Directors, authorizing execution of this contract and of the bonds required hereby. State of California ss. (Acknowledgment by Corporation, County of Partnership or Individual) On , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. Notary Public for said County and State APPROVED AS TO FORM JOHN A. NE,' D-L Y DISTRICT ATTORNEY BY: t t...c�� -2- aq ui' g �► (Dcl APR 15 1963 DATE:..-..---• -----•----." OECENED SUBDIVISION AGREEMENT (§1) Subdivision: 3757 (B. & P. Code §§11611-12) (§1) Subdivider: George W. Pryde, et al Effective Date : 4/3of(,8 (Contra Costa County (§1) Completion Period: o !34-0,00- Standard a rStandard Form; 8-67) (§4) Deposits : A. (cash) 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ 4. 200.00 2. (labor,materials) 4, 700.00 Z. Parties & Date. Effective on the above date, the County of Contra Costa," California, hereinafter called "County", and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be ree rom de ects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement , Subdivider shall, pursuant to Bus . & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . B. Bonds: etc. : (l - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 'S. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section 2; and if, at any time before the County's resolution of completion for the subdivision, the improvement plan proves to be inadequate in any respect, Subdivi- der shall make changes necessary to accomplish the work as promised. FILED; 1968 1q. T. PAASCN C411" speRv,.� CON'tRA C06f, tat) rV 6. No Waiver by County. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall. the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions , officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 8. Costs. Subdivider shall pay when due all the costs of the work, inclucIcln—g inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. Z2. Record Map. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances . -2- eorge . Pryde ' .- e -__-- Y Donald H. Pryde `Harriet D. Pryde COUNTY0 0 SUBD VIDER: (see n e below) By h�J C an, Board of Su visors Nor Ma n U.- Pry a �> ATTEST: W. T. PAASCH, County Clerk (Designate officiaZ Opacity & ex officio Clerk of the Board in the business) Frances C. Pryde ByAC6 Note to Subdivider: (1) Execute Deputy ac now a gment form below; and (2) If a corporation, attach a certified copy of (a) the by- FORM APPROVED: JOHN A. NEJEDLY laws or (b) the resolution of Distr ct Atto ey the Board of Directors, authori- zing execution of this contract By and of the bonds required hereby. Deputy State of California ) ss. (Acknowledgment by Corporation, County of cavrRg ccw A ) Partnership or Individual) On qAe/� i/=/96B , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and ac- knowledged to me that he executed it and that the corporation or partner- ship named above executed it. Y. CAROLE L. WESTEN NOTARY PUBLIC COtiTRA COSTA CO..CAlli. ` My oonmission expires i'e:r�ay 17, 19A9 Notary Public for said County and at.ate (Subdiv. Agrmt. CCC Std. Form) (HP-9; Rev. 8-67; 200) -3- �0 HMEMNM Bohd No. NB 54 76 59 HOME OFFICE NEW YORK TAX BOND KNOW ALL HIEN BY THESE PRESENTS: That we, George W. Pryde, Olga E. Pryde, Donald H. Pryde, Harriet D. Pryde, Norman G. Pryde, and Frances D. Pryde, as Principals, and THE HOME INDE14,1ITY C01-VIP N 7 a corporation, organized and existing under the laws of the State of. New York as surety, are held and firmly bound unto the County of Contra Costa State of California, in the sum of One Thousand Two Hundred and no/100ths --- Dollars ($11200.00) , lawful money of the United States of America, for the payment of which sum well and truly to be made to said County of Contra Costa, we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SEALED with our seals and dated this 27th day of March, 1968. The conditions of the above obligation is such that whereas the above bounder principal is about to file a map entitled Subdivision. 3757 which shall be a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessment collected as taxes against the tract of land covered by said map. The taxes and special assessments collected as taxes are not as yet d uE or payable. NOVI, therefore, if the said principal shall pay all of the taxes and special assessments collected as taxes which are a lien against - Said'-'-tract of land covered by said map at the time of the filing of said map, then this obligation shall be void and of no effect. Otherwise it shall remain in full force and effect. PRINCIPALS: SURETY: Z'�L 4 THE H0,-'IE INDE141ITY CUiV?nNY George W. Pryde / y Olga E. Pryde J.if. Hutchinson - Attorney-in-fact �V Donald H. Pryd09 Harriet D. Pr-, de de 0-;�— Korman G. Pryde Frances D. Pryde The Premium charged for this bond • is $12.00 per year. r Form M-4044(F) STATE OF CAUFORN1a COUNTY OF Contra Costa I SS ON------ Ap ri 1--..10-•...................................•----------...-------..........., 19...6.gbefore me,the undersigned,a Notary Public in and for said County and State,personally appeared Gearee_71... Pr�•_de_,__ Ol,ga__E.,__Pryde_i__L!on_aId___H,_•_P-ryde_.-_____,___, �rn.w�w�w�w��wrN! CAROLE L. VY EST --1=1arried _D•t___Prycie_,.-."Iorman_ G, .-Pryde - and_ Frances___D,•__P.rvee NOIARY PUBLIC 00?4TRA cCSTA CO.,CAVE. known to me to be the ' person..s whose name..s__. ....... subscribed to the within instrument,and acknowledged to me that t v-execute h same. •OAN-commission expires February I?, I960 Notary's Signature.................................. ...... ..... .._............ .. . ...---- GENEW ACKNOWLEDGMENT P. Form No.16 Z'YPe or Print Notary's Name............................_C.aro.Ze.... ...•.W. .i- ........_......... N STATEOF................................................................. State of California ss. t COUNTY OF...�'lty.aad.Couuiy-ot.sxh-Ffentls� . On the....._:?%u: ..............day of.-..-a ^..................................in the year 19..s2': ., before me personally came ....._ ...................................to the known, who, being by me duly sworn, did depose and say that he resides in...3-a lrav-C?-9.c=....................................._. ....; that he is the attorney-in-fact of THE HOME INDEMNITY COMPANY, the corporation described in and which executed the above instru- ment; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation,and that he signed his name thereto by like order. '-L ��f•��`�Notary Public FRANCES A. %VALLAC Notary PuyHe -� 4O N PRINTED lw u.s.w. My Commission Expires May 5, 1969 • THE HOME INDEMNITY COMPANY 5cnd No. NB 54 99 61 HOME OFFICE • NEW YORK •t p IMPRO�f 'L1.T,11T SECURITY BOND 1, OBLIGATION. George W. Pryde, Olga E. Pryde, Donald H. Pryde, Harriet D. Pryde, Norman G. Pryde, and Frances De. Pryde as Principals, and THE HO1',1E INDEr:NITY COMPANY a corporation organized and existing under the laws of the State of New York and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the Count* of Contra Costa, California, to pay it : (A - Faithful Performance, &, ;Maintenance) Four Thousand Two Hundred and no/100ths --- Dollars ($4,200.00) for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & iiia erials) Four Thousand Seven Hundred and no/100ths --- Dollars ($4,700.00) for the benefit of persons protected under Cal. flus. &. Prof. Code #11612. 2. The Principal contracted with the County on .413°168 to install and pay for Street , drainage, and other improvements in Subdivision No. 3 ,1571 , as per reap now being filed with the Countyts Recorder, and to complete said work within one year from said date, all in accordance with State and local laws, rulings thereunder and the ' subdivision contract. 3. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obli- gation as to Section l-W above shall become null and void, except that the guarantee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons rent- ing equipment or furnishing labor or materials to then: for said work F and improvement; and protects the premises from claims of such liens, then this obligation as to Section 1-(B� above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond ; and consent is hereby given to make such alterations without further notice tc or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code #,12819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attorney fees fixed by court to be taxed as costs and included in the judgment. Signed and Sealed on i arc. 27, 1968. PRIP;CIPALS: SURETY: Tr' HIE COJI�fF NY George W. Pryde 0 � c Olga E Prvde tet.T Hutchinson - Attorney-in-fact Denzld H. Pryde FormH-4044(F) STATE OF CALIFORNIA SS COUNTY OF Contra Costa f MON------ A-pxt]E 1-0---------------------------------------------------------------------- 19...6abefore me, the undersigned,a Notary Public in and for said County and State, personally appeared «rerrrrnrnr+srnarrrarttarRsurner�lr� ._Gc_O_Zze--- de.s-__01its._Z.._-Pr_Vde.s.--Dona Id-..H,....P..". day-•--•------ CAROLE L. WUTEN O NTARY PUBLIC CONTRA COSTA COT ..CALIF. known to me to be the person.tl. whose name..V_a_re----- subscribed to the within My CoMmisslon er°:h. �e;,rusrf 1;, l�.a nstrument,and acknowledged to me executeVthez$Vnu.--j_Notary's Signature...................................... ... ...� - . ...._.._. GENERAL ACKNOWLEDGMENT Form No. 16 Type or Print Notary's Name...................... ....C,a-ro-jo L,-_W4941-t*D.............. 4 STATEOF.................................•------•------•-------•------•-- State of California ss. COUNTY OF..GitaAx d-.Cnurul:.of.S=.Erandwo.... On the......?7t}?.............day of.....T .................................in the year 19.61.., before me personally came �'........... 'ut_clo.Ir 2 aan..................................to the known, who, being by me duly sworn, did depose and say that he resides in.... .�:Xl...:..1"::.::.::.' ; that he is the attorney-in-fact of THE HOME INDEMNITY COMPANY, the corporation described in and which executed the above instru- tnent; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corporation,and that he signed his name thereto by like order. ....i ..Votary Public FRANCES A. WALLACE. Notary Public N 445E D IFI PRINTED IN U.5 A. My Commission Expires May 5, 1969 Harriet D. Prude No an G. Pryde Frances D. . ryde The Premium charged for this bond is $71.00 for two years, or less. r 4 , f STATEOF..........................................................._..... Z State of California S5. COUNTY OF..!Mty..and.jCnuatx.Di.San.FrancUm--. On the......... :th...........da of ?'- ---� in the year 19...6.8., before me personally came y .........»cx�'.X;............................... J.i.r...... ................................to me known, who, being by me duly sworn, did depose and say that he resides in..................... Z=.................................................................; that he is the attorney-in-fact of THE HOME INDEMNITY COMPANY, the corporation described in and which executed the above instru- ment; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; t that it was so affixed by order of the board of directors of said corporation,and that he signed his name thereto by like order. t • . . Notary Public FRANCES A. WALLACE, Notary Public H 4454 O IFI c_. PRINTED IN U.S.A. l�tjr COLIIIIIISSIOR Fa:p/re$ May 5, 1969 STATE OF CALIFORNIA SS COUNTY OF Contra Costa I ON........A>.r-:U...1Q..................................................................... 19...6.6before me, the undersigned,a Notary Public in and for said County and State,personally appeared ST « Harried D. Pr de 'Norman G. Pr de and___Pransea---p_.___P_r .de CAROLS L. W . NOTARY, pUBta CONTRA MTA CO.,CALIF. tN►�M�sNi:Mx�-w.�.:.►r.:.wrSf known to me to be the person-$ whose name.-s_-.aLe......-subscribed to the within instrument,and acknowledged to me that t q.. executed tile—same. My commission expires February 17, 1909 Notary's Signature.......--- ................... ....... c..... ... ........ GENERAL ACKNOWLEDGMENT Type or Print Notary's Name..................... .....C.aro-1E...L.&....Ve.a tjen.............., Form No.16 ............ �3 m Sone: No. QTS 54 9;' 60 Conuset—Short Form Bond THE HOME INDEMNITY COMPANY now OFFICE ® , i 1&MM Y 1 • knots 21U Pen by tboge Pregento, Thatwe, George ''d. Pryde, Glga E. Pryde, Donald H. Pr-de. Harriet Dl Pryde, !Tom,-.n G. Pryde, and Frances D. Pryde (hereinafter called "Principal"), as Principal, and THE HOME INDE?tINITY COMPANY, a Corporation organized and existing under the laws of the State of New York-, and authorized to transact business in the State of Cal ifornia (hereinafter called "Surety"), as Surety, are held and firmly boundunto The County of Contra Costa (hereinafter called"Obligee"),as Obligee, in the sum of Eight Hazndred and no/100th3 Dollars (S 800.00 ), good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally,firmly by these presents. SEALED with our seals and dated this 27th day of Na rch A.D. 19 68. WHEREAS, the above bounden Principal has entered into a certain written contract with the above named Obligee,4ate.-the W---[sr~ for construction of a orivate access easenent f'or Sutdivision 3757, located in the County of Contra Cost?. which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That if the above bounden Principal shall well and truly keep, do and perform, each and every, all and singular, the matters and things in said contract set forth and specified to be by the said Principal kept,done and performed at the time and in the manner in said contract specified and shall pay over,make good and reimburse to the above named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal, then this obligation shall be voi otherwise,to be and remain in full force and effect. ;or—na;l� G. . rd--------- ------ ---------------------------- .Y •. _._..... ............__.»»__............ rnces D. -vde 0l?a )Or.,. Prlroe TF�E HOME INDEMNITY CO ANY tJ Doriald H. =r dp Attorney-in-Fact u'ch,nsor. FJ1Tn �'avaos�'t D. F'ryde v"Pne P.re .^.a.L:m charF ed for tris 1:cnn Z.S.. t $15-OO for the t-err �a'i t� _ or lf: s. in the Board of Supervisors of Contra Costa County, State of California March 10 19'7-0 In the Matter of Authorizing Refund of Cash Deposit, Subdivision 3758, West Pittsburg Area. Good cause appearing therefor, and on the recommen-,. dation of the Public Works Director, IT IS BY THE BOARD ORDERED that the Public Works Director is AUTHORIZED to refund to Gallagher and Burk, Inc. , 1261 Pine Street, Walnut Greek, California the 8350 cash deposit held -for deferred subdivision work (to insure construction of certain improvements in Subdivision 3758 if Subdi- vision 3824 was not constructed), as evidenced by Auditorts Permit Number 68720 dated September 27, 1968. The foregoing order was passed on motion of Supervisor J. E. Moriarty, seconded by Supervisor A. M. Dias, and by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, E. A. Linbeheid, T. J. Coll. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order enabled on the minutes of said board of Supervisors on the dote aforesaid. Witness my hand and the Seal of the Board of Supervisors cc: Public Works (2) affixed ;his 10th day of March19 ZO Auditor W. T. PAASCK Clerk Gallagher & Burk P" 4 . DoCIO By Ot'e-11Clerk Anne M. McSorley H 24 12/69- 10M In the Board of Supervisors of Contra Costa County, State of California March 10 01 19.70 In the Matter of Releasing Cash Deposit, Subdivision 3758, West Pittsburg Area, Work Order 6707. WHEREAS the Board on November 19, 1968 resolved that the improvements in Subdivision 3758, West Pittsburg area, were com- pleted for the purpose of establishing a terminal period for filing of liens in case of action under the Subdivision Agreement, and accepted the streets for maintenance; NOG1, Ti REFORE, on the recommendation of the Public Works Director, and on motion of Supervisor J. E. Moriarty, seconded by Supervisor A. I•l. Dias, IT IS BY THE BOARD -ORDFRED that the street and drainage improvements have successfully completed the one-year satisfactory performance period and all deficiencies developing during this period have been corrected. IT IS FURTHER ORDERED that the ?ublic works Director is ADTHORIZED to refund to Western Title Guaranty Company, 14.04 N. Main Street, Walnut Creek, California, the $500 cash deposit as surety under the Subdivision Agreement as evidenced by Auditor's Permit Number 66019 dated May 149 1968, which deposit was retained pursuant to Section 8429(b) of the Subdivision Ordinance Code at the time certain streets Were accepted. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, E. A. Linscheid, T. J. Coll. NOES : None, ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered an the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors 10thMarch 70 cc: Public Works (2) affixed :his doy of , 19 Subdivider W. T. PAASCH, Clerlc� Western Title Guaranty Co. By �u J Deputy Clerk Anne M. McSorley C' H 24 12/69- IOM IN THE BOARD OF SUPERVLgORs ' OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvement£ and declaring ) certain roads as _ Counter ) AEQOLUTION N0. 68/805 road.a, Subdivision 3758, ) West Pittsburg Areas ) !rk O_der No. 6707. WHEREAS the Public Works Director having notified this Board that _ Improvements have been completed in SubdiviFion 3758, West Pittsburg area, as provided in the agreement heretofore executed by thin Board in conjunction with the filing of the subdivIr-ion map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of estab- lishing a terminal period for filing of liens in care of action wider said Subdivision Agreement: Subdivision Date of Agreement 37589 West Pittsburg area May 21, 1968 (Transamerica Insurance Company - Bond No. 5260-08-17) BE IT FURTHER RESOLVED that the $500 cash bond surety be RETAINED for one year pursuant to the requirements of Section 0429(a) of -the Subdivision Ordinance Code as amended. / - Ile BE IT FURTHER RESOLVED that the hereinafter described road. having been heretofore dedicated to public use by the tiling of map in the office of the County Recorder, be and the save ari accepted and. declared to be County road sof Contra Costa County: SANDVIEW DRIVE (32 feet - 0.17 mile) OCEANVIEW DRIVE (32 feet - 0.02 mile) as shown and dedicated for public use on the map of Subdivision 3758 filed May 222 1968 in Boor 121 of Maps at Page- 03, Official Records of Contra Costa County, State of California. PAS:ED AND ADOPTED th i r ick d ay of o�mbe� , 196.d.* by the following vote of the Board: AYES: Supervisors J.P. Kenny, J. E. Moriarty# S. A. Linscheid, T. J. Coll, A. M. Dias. NOES: None. ; ABSENT: None, RESOLUTION NO. 68/805 Form 23.3 6/68/200 I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed - this 19th day of Noyes burr 19 a W. T. PAASCH, CLERK Byzz_'�hl,&X44jyii;;rd 0 Anne M. McSorley Deputy Clerk cc Highway Planning (3) Public Works (2) Recorder Business do Services P.W. Maintenance Div, Subdivider F i f i f t 4 R s. RESOLUTION N0. 68/805 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COU�:TY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 3758, Shore Acres j RESOLUTION NO. 68/330 Area. WFFEREAS a map entitled Tract 3758 property located in the S or? Acres az-ea , having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redcmption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1967-1968 tax lien has been paid in full, and estimate of the 1968-1969 tax lien, which became a lien on the first Monday of Mlarch, 19ol 68, is $900; and Letter from the Public Wci•:.s Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and st-eet improvements as required by Division 4. Title 8, of the County Ordinance Code; Surety bonds issued by Transamerica Insu: :ance Company with Earl W. Smith Developers, Ltd. as principal, as follows: No. 5260-08-17 in the amount of $19,600 for Faithful Per- formance, and $20,100 for Labor and raterials; :. 500 cash deposit (Auditor' s Receipt No. 66019 dated May 149 1968); •: 900 cash deposit (Auditor' s Receipt No. 06002 dated May 149 1968) covering 1968-1969 estimated tax lien; and Inspection fee of $1,005; Subdivision agreement between Earl J. Smith Developers, Ltd. 9 subdivider and the County of Contra Costa, wherc=n said sub- divider agrees to complete road and street imprcv_ .ents, etc., in said subdivision within one year from the date of said agreement; RESOLUTION N0. 68/330 Form #23 a NOW, THEREFORE, BE IT RESOLVED that said bonds and deposits and the amounts thereof be and the same are hereby APPROVED. __._ BE IT FURTHER RESOLVED that said subdivision agreement be and th© sane is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said nap be�,f+,pd�he same is hereby APPROVED and this Board does not accept/s7 `,u:.s of the public r-ny of the streets, roads' avenues or easements shown thereon as dedicated to public use. PASSED AND ADOPTED this 21st day of May , 196 80, by the following vote of the Board: AYES: Supervisors James P. Xcziny, James E. Morlartyp T.-horans Sohn Coll, Edmund A. Linscheid , Alfred N. Bias. NOES: None, ABSENT: None. cc: Public Works (3) Highway Planning Subdivider (c/o P/W) CERTIFIED COPY I certify that this is a full, true & correct copy of the original docitment which is on file in my office, and that it cvas R. v-lor,teti bF the Board of �3upervisnrs of Conr.- Instn. County, California, or- the date shwvn. A :EE,71': M . T. P A ASCH, county clerk&ex-officio clerl:of said Board of Supervisors, by deputy clerk. RESOLUTION NO. 681330 Form #23, Pg. 2 PUBLIC WORKS DEPARTMENT VICTOR SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR Play 16, 1968 Subdivision 3758 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3758 in Supervisorial District V in the Shore Acres area. Accompanying this map and pertaining thereto are the following docu- ments: 1. Subdivision Agreement. Expiration date of one year time limit for completion is May 21, 1968. 2. A Surety Bond in the amount of $19,600 and a $500 cash deposit (Auditor's Receipt No. 66019 dated May 14, 1968 which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond in the amount of $20,100. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1969 tax, which became a lien on the first Monday of March, 1968 is estimated to be $900. 5. Tax Deposit Permit in the amount of $900 from the office of County Auditor-Controller showing payment of the estimated 1969 tax. The map is submitted for filing by the Western Title Guaranty Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAU R Public Work Dir t f By V. L. Cline Assistant Public Works Director JP:sm Highway Planning cc: Title Company Planning Department Construction Division E Bond No. 5266-08-17 Premium: $302.00 IMPROVEMENT SECURITY BOND (Faithful Performance & Maintenance, AND Labor & Materials) (Calif. Bus. 8 Prof. Code §ZZ612; Contra Costa County Standard Form) Z. OBLIGATION. (Princ2paZ) EARL W. SMITH DEVELOPERS, LTD. as Principal, and ure y) Z.RAN4— T AURANCE COMPANY a corporation organized and existing under the laws of the State of California and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs , executors , administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintenance) Nineteen Thousand Six Hundred - - - - - - - - - - Dollars ($ 19,600.00 ) for itself or any City-assignee under the be ow-cited subdivision contract, plus (B - Labor & Materials) Twenty Thousand One Hundred - - - - - - - - - - - - - - - - - Dollars ($ 20,100.00 ) for the benefit of persons protected under Cal. Bus. &Prof.Code §11612. 2. RECITALS. The Principal contracted with the County on May 1. 1968 to install and pay for street, drainage, and other improvements in Subdivi- sion No. 3758 , as per map now being filed with the County's Recorder, and to complete said work within One Year from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors , subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on May 7. 1968 • PRINCIPAL: EARL w. SMITH DEVELOPERS, LTD., SURETY a partnership By: p4a V. SMITH DEVELOPMENT ORGANIZATION TRANSAMERICA INSURAKE C a cPartner By fir.►.... -- Vice Pres. By ( R. W. ham, JI., Attorney-in-Fact a a a a * a a e a a`i a �F �t a • • f a • �t a a • �t 1� • * it �t �F �t �1 * a • a1 �F # State of California ) ss, County of San Francisco ) (ACKNOWLEDGMENT BY SURETY) On may 7. 1968 the persons) whose name(s) is/are signed above for Surety and who is known to me to be the Attorney(s)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corpo on as Sur ty and his/their own name(s) as its Attorneys)-in-Fact. LILLIAN Q. NORTON MX L1 Notary Public for said County and State (Imp. Sec. Bond, CCC Std.Form) (NP45;Rev. 8-67; 200) [S ✓� EMMETT HITCHCOCK LORRAINVK. PLANZ" COUNTY TREASURER-TAX-COLLECTOR PRINCIPAL CLERK TAX COLLECTOR'S OFFICE PHONE 226•3000 EXT. 309 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA DUE AND PAYABLE FIRST INSTALLMENT OF TAXES DELINQUENT DAY ON THE FIRST DAV OF NOVEMBER 1E� 1� A[A ON THE TENTH DAY OF APRIL SECOND INSTALLMENT OF TAXES Kay 33,9 1700 i1 SECOND INSTALLMENT OF TAX[{ DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF DECEMBER This will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 3758 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1_967_-68 tax lien has been paid in full. Our estimate of the ig6a-Ao tax lien, which became a lien on the first Konday of Larch, 1968 , is = 900.000_. STT HITCHCOCK Redemption Off Ar By: De dl a f COUNTY OF CONTRA COSTA ~ DEPOSIT PERMIT • - • OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ, CALIF. No. RECEIVE FROM 66002 Western Title Guaranty Co. 6 — DATE 5/14/68 Contra Costa County Division BUDGET UNIT 111 THE AMOUNT SHOWN BELOW FOR C TO Walnut Creek, California INO CI TED:THE FUND OR FUNDS FUND NAME DESCRIPTION SPECIAL FUND REVENUE CR REVENUE FUND AMOUNT AMOUNT S 5 SPECIAL DEPOSITS 8109 9965 900.00 JUDICIAL SPECIAL DEPOSITS 8110 9965 GENERAL 1003 THE ABOVE AMOUNT COVERS: _K:P____ _-vEa_-- S S TOTAL 900.00 Tract No. 3758 1968-69 taxes RECEIPT OF A90 AMO T ISPIFEREBY ACK WLEDGED. DEPUTY COUNTY AUDITOR DEPUTY/CC'O(UCNa T11�Y11lTREAS�//UppRER • 11 1 COUNTY DEPARTMENT RESPONSIBLE FOR ABOVE CASH COLLECTIONS NO. V V 1I O'!.! ISEE COUNTY ADMINISTRATOR'S BULLETIN 1071. lD 3t REV. I-66 750001 S 7T BDTVIS-ON i?a EE`r:EN`77 (�1) Subdivision: 3758 • (§l) Subdivider: Esrl W. Smith Developers, Ltd. 13 :affective Date :_-No, NA.y %1110AS (Con-tra Costa County (§1) Completion Period: _Na.TZ1144i8}' Standard Form; 8-67) (§4) Deposits : A. (cash $-500. M69 B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ 19,600.00 2. (labor,materials)520,100.00 Z. unties 8 Data. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: Tmrroyemer.ts. Subdivider shall construct, install and complete road and street improve: ents, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved iTMprovement pian of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter tailed "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code H11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements . shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and w -ii be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. . 4. I.mrroyementl Seca»itu: Deposit 8 Bonds. Upon eXecuting this Agreement, Subdivider shall, pursuant to Bus. & Profs. Code §11612, deposit. as se%curf ty with the County: A. CSS^' $500 cash; together with . . . . . . . . . . . . . . B. Bonds , etc. : (I - Faithful Performance) additional security nor at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit, a certified or cashier's check, or'an acceptable corporate surety bon:, guaranteeing his faithful performance of this agreement and maintenance of the work for one yaar after comDletion and acceDtanCe thereof against any defec- tive workmanship or materials or any unsatisfactory performance; plus (2 - ziabo» d Materia's) another such additional security in at east the above-speci_=e3 amount, which is the full amount of said estimated cost, securing payment. to the contractor, to his subcontractors, and to persons renting egu_pment or fu_rzis::ing labor or materials to thein or tc thte Subdivider. `. War_ant ; $12Gd1L'i der warrants is that said improvement plan is ade— cuate to accorazlish this :cork as :promised in Section 2; and if, at any time before the Co'inty's resolution of completion nor the Subdivision, he improvement plan Droves to be inadequate in any respect, Subdivi- der shall make changes necessary to accomplish the work as pro"ised. _ FILED 'r_ MAY 211968 W. T. PAASCH CLM MUD CiCOUNT"" goNT11A C ON�b w S. o Waw var count..". T:: ec " ' tirerk and/G2" materials sp pion o_ the , or approval) o:' work and/or iaterials insneCCed, or statement by any off?cer, azgent 3--- e: pl o fr _ of the County iridic-atir.ig, the worlk or any pari. thereof complies ::ith requiremen s G_' this agreement , or acceptance of the whole or any part of said wrork and/or materials or payments therefor, or ar_y combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as presc_•ibed; nor s:all the Count, be thereby estopped from. bring- ing any actio: -for dam ages a_'ising 'rom the failure to comply with any of the tern-as and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the i de;initees from t'r:e '_• _abilities as defined in this section: A - The indemnitees bere_'ited and protected by this promise are the County, and its special districts , elective and appointive boards, commissions , o_ficers, a_ents and employees ; B - `rhe liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death.' property damage, inverse condemnation, or any combination of these, and regardless of whether or -not such liability, claim or damage was unforeseeable at any time before the County approved the improvement. plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , actions) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or nen-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection. :�*lth this :ti�ork o_ subdivision, or has insurance or other in- demnification covering any of these matters. F. Costs. Subdivider shall pay when due all the costs of the work, incluain inspections thereof and relocating existing utilities re- quired thereby. • 9. Suvveys. Subdivider shall set and establish survey monuments in accordance �:_th the file^ ap and to the satisfaction of the County Road Co xnissioner-Surveyor". Z0. NonaerTGrm_-nce and Casts. 1'i S�:bdivider Tails to complete the work and improvements within the time specified in this agreement or extensions granted; County, k, may proceed to complete them by contract or otherwise, and Subdi•r dn-r shall pay the costs and charges there t for irr ediately upon de:nnd. If County sues to compel performance of this agreement or recove-r the cost of completing the im.Drovement.s . Subdivider shall pay all rLu:�cnabla attorneys ' fees, Costs of suis. .. and all G'i.he_' e}:il.^-nse of ' tieratioil incurried by County in connection therewith. ZZ. Assiaiiment. If bef ora County accepts these i ,.prover,,;entS , the ub:ivi._.:ion is aannexed .o a city, the County may assi;-n to that city the Coun-y l s ri hits urder t=pis agreement and/or any deposit or bond securing s:eco_•a fap. In consicaer3t_c.i hereof, County shall allow Subdivider t , _ii:: and record sa- d su::d;.vision map, and recognizes this subdivision as 'one coZ"mO1yi"� :° : State :w. s and Co•*"lntly ordinances. -2- COUNTY _ CONT ^ 0 SUBDIVIDER: (see note below) EARL Y. SMITH DEVELOPERS, LTD.,a partnershi By B .SMITH DEV MENT ORGANIZATION, Ch , Boar f SLn visors a c ation, Goner 1 Partner B ice Pres. ATTEST: W. T. PAASCH, County Clerk (Designate offici Z capacity & ex officio Cle�rgk. of the Board in the business) By Cl- dote to Subdivider: (Z) Execute Deputy acknowledgment form below; and (2) if a corporation, attach a certified copy o f (a) lice by- FORMI APPROVED: JOHN A. NEJEDDY laws or (b) the resolution. or District Attorr=e _ the Board of Directors, authori- zing execution of this contract By and of the bonds required hereby. Deputy State of California ) ss. (Ackrowledg.^fent by Corporation, Cour_;.y of CONTRA COSTA ) Partnership or Tndividua"s) On May 1. 1968 , the persons) whose name(s) is/ice. sic-.led above =•oY Subdivider an#-L who is known to :ne to be the individual and C'I'iCa_' c partner as 5Zatued above who signed this instru^lent, and ac— knowledged to me that .e executed it and that t o corporation or partner- ship named above executed i:.. •N•�••••��4•••••••••••• !/ . =4 MARCIA J. BEALS • ftlatary Public • Conta Casty C3unty • State of CaNfarnia : Marcia J. Bea 1 s Notary Public for said Cou::,,;T and. S:,a -e (.Subdiv. Ag�-;t. CCC std. Form) My cosvission expires Sept. 20, 1968. (DP-9, -ei). 2-6?; 200) -3- 3 ,oil IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Batter of Completion ) of improvements and declaring ) certain roads as County roads, ) RESOLUTION NO. 70/80 Subdivision 3552, Moraga Area, ) WHEREAS the construction of improvements in Subdivision 3852 was performed as a part of Subdivision 3761, which sub- division the Board this day declared as complete; NOW., THEREFOR, on the recommendation of the Public htorks Director, HE IT RESOLVED that the hereinafter described roads, having been heretofore dedicated to public use by the Piling of map in the office of the County Recorder, be and the some are accepted and declared to be County roads of Contra Costa County: 3 CANYON ROAD WIDENING �. CANYON ROAD - No mileage as shown and dedicated for public use on the map of Subdivision 3852, %� filed December 27, 1968 in Book 125 of Maps at Page 27, Official Records of Contra Costs County, State of California. PASSED AND ADOPTED this 17th day of February, 1970, by the following vote of the Board: AYES: Supervisors J. P. Kenny, J. E. Moriarty, E. A. Linscheid, T. J. Coll. r NOES: None., ABSENT: Supervisor A. M. Dias. certify t11.1t this ?s a T,.'t• +.,,;e •� correcf. copy of .he ori?inni and that it �' l o:. Supervisors o'. C.0111r. r=< the date shown. clerk&ex-officio clerk of said Board of Supervisors, by deputy clerk. ons �O RESOLUTION NO. 70/80 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA in the Matter of Approval ) of Subdivision rllap of ) Tract 3852, iIloraga area. ; FlESOi,i3TI0N N0. 6$/904 ;tri I SAS a map entitled Tract 3852, property located in the Xoraga area, has been presented to this Board for approval, said map having been certified by the proper officials and being accompanied 'y= Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property Included in the map, and that the current 1968-1969 tax lien has been paid in full; and Letter from the Public Works Director stating that the street and drainage improvements are being constructed as a part of Subdivision 3761 and that, therefore, no Subdivision Agreement, bonds or inspection fee are required for Subdivision 3852; NOW, `L:EREFOR E, BE IT RESOLVED that said map be and the same is hereby AP:ssOVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements shown thereon as dedicated to public use. PASSED AND ADOPTED this 24th day of December, 1968 by the fol- lowing vote of the Board: AYES: Supervisors James P. Kenny, Edmund A. Linscheid, Alfred M. Dias. NOES: None. ABSENT: Supervisors James E. Moriarty, Thomas John Coll. ,'Z1?T1F1E,D COPY eC: ruby is Works (4) L certift, that this is a full, true & correct copy of Highway Planning the original document %rhich is on file in my office, Subdivider and that it was pass,7.! .V- ,tdonted by the Board of Supervisors of Contra Costa County, California, on the date shovrn. ATTEST: W. T. PA_4SCH, county clerk g ex-officio clerk of said Board of'Supervisors, by deputy clerkk.� s,' f 1AA v� 37a RESOLUTION NO. 68/904 PUBLIC WORKS DEPARTMENT F. R. BROWN VICTOR W. SAUER CONTRA COSTA COUNTY CHIEF DEPUTY PUBLIC WORKS DIRECTOR PUBLIC WORKS DIRECTOR ROAD COMMISSIONER•SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR December 18, 1968 Subdivision 3852 RECEh1 Honorable Board of Supervisors G Admirdstration Building W. T, p A A SC H Martinez, California CLERK BOARD OF SUPERVISORS CONT C TA CO. Gentlemen: a, �� There is submitted for your approval the map of Subdivision 3852 in Supervisorial District III in the Moraga area. Accompanying this map and pertaining thereto is the folloidng document: 1. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1969 tax has been paid in full. The street and drainage improvements are being constructed as a part of Subdivision 3761. Therefore no bonds or inspection fee is required for , .'7 this Subdivision. The map is submitted for filing by the Western Title and Guaranty Compamy I under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SA Public Works rector By . •. , Qine VLC:pa Assistant Public Works Director Enclosures Highway Planning cc: Title ComparW Planning Department Construction Division EMMETT HITCHCOCK LORRAINE K. PLANZ COUNTY TREASURER-TAX COLLECTOR PRINCIPAL CLERK TAX COLLECTOR'S OFFICE PHONE 2254000 EXT. 305.386.707 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA FIRST INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF NOVEMBER ON THE TENTH DAY OF APRIL SECOND INSTALLMENT OF TAXES November 18, 1968 SECOND INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF DICEMDEN IF THIS TRACT IS NOT FILER BY FEBRUARY 280 19692 THIS LETTER IS VOID This will certify that I have cmdned the map of the proposed subdivision entitled: TRACT N0. 3852 and have determined from the official tax records that there are no unpaid county taxes heretofore levied on the property included in the map. The current tax lien has been paid in full. ENNETr HITCHCOCK Redemption Officer By: Deputy dl IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA June 11 197 4 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 3856 , San Ramon Area ) Deposit: $500 ) Auditor's Permit No. 89056 ) Dated March 25, 1971 ) Refund to: ) Carl D. Dame' Development Company ) P. O. Box 146 ) San Ramon, CA 94583 ) On Mav 9 , 1972 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. The foregoing order was passed by a unanimous vote of the Board. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 11th day of June , 1974 XXXXXXXMMXXY., CLERK cc : Public Works (2) J. R. OLSSON Subdivider By dj�' ;,, �,�� Deputy Clerk Doris Baldwin q IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain roads as County } RESOLUTION NO. 72/307 roads Subdivision 3856. ) San Isaoa Arra. } WHEREAS the Public Works Director having notified this Board that construction of improvements have been completed in Subdivision 3856, San Ramon area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 3856, San Ramon area March 30, 1971 (United Pacific Insurance Corpany • Hond No. D 619621) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 89056 dated March 25, 1971 ) be RETAINED for one year pursuant to the requirements of Section $429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described road#-, r`C having been heretofore dedicated to public use by the filing of N map in the office of the County Recorder, be and the same _ accepted and declared to be _ County roads of Contra Costa �( County: �n 29=W NMI AIR DRIU-4 36/56/0.16) DOS RIOS PLACi....(32/52/0,07) SNMW NWWAIR PLACa..(32/52/0.06 00o�rr... 32/52/0.10 35MW MORtR'lAIR 009 ..(32/52/0.101 EILPAMCK C09ff :132/52/0.14 1003 RI03 ISITE.........(36/56/0.12) 1CILPAMICE DRI7i..(32/52/0.06) ., v j as stem and dedicated for public use on the sap of Subdivision 3856 tiled March 31, 1971 in Book 135 of Maps at Page 38, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 9th day of Kay 19? , by the following vote of the Board: AYES: Supervisors J. P. Esonla J. R. Moriarty, W. R. Doggoss, R. A. Linschoid. NOES- None CERTIFIED COPY ABSENT: 3upor►i sor A. M. Dias. i °ertifq that this is a full, true & correct copy o, the original dt?cument wh:rh ��s on file in my u:d that it c.as pass�,i & ar'a:i`.ed hr `he $ov Supervisors of Con-cr:, C,'ounty, Californ!, the date shown. ATT}_:�T: W. T. PAASCi RESOLUTION NO. 72/307"Perk&ex-officio clerk of said Board of Supervisor` eo t Recorder by deputy clerk. Public ubdiridirk (2) e" C on qi i IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 3856, San Ramon Area. ) RESOLUTION NO. 71200 WHEREAS a map entitled Tract 3856 , property located in the San Ramon area, having been presented to this Board for approval,said map FKving been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1970-1971 tax lien has been paid in full, and the 1971-1972 tax lion, which became a lien on the first day of March, 1971, is estimated to be $129000.00; Letter from the Public ?forks Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 8, of the County Ordinance Code; Surety Bonds issued by United Pacific Insurance Company with Dame' Construction Co., Inc., a corporation, as principal, as follows: Bond No. B 619621 in the amount of $133,700 for Faithful Performance, and $134,200 for Labor and Materials; Cash deposit (Auditor's Receipt No. 89056 dated lurch 25, 1971) in the amount of $500; Tax Bond No. 9 619623 in the amount of $121,000 guaranteeing payment of estimated 1971-1972 tax lien; Inspection Fee in the amount of $6,710; and Subdivision agreement between Dame' Construction Co.s Inc., subdivider and the County of Contra Costa, wherein said subdiv- ider agrees to complete road and street improvements, etc., in said subdivision within I. year from the date of said agreement; RESOLUTION NO. ?11200 Form #23,• 70-4-500 NOW, THEREFORE, BE IT RESOLVED that said bond a and deposits and the amounts thereof be and the same are ere y APPROVED. BE IT FnRTNM '3rSOLZTED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agre—emend: BE IT FURTFrFR RESOLITED that said Map be and the same is hereby APPROVED and this Board does not accept or refect on behalf of the public any of the streets, roads, avenues or easements- shown. thereon as dedicated to the publico PASSED AND ADOPTED this 30th day of March , 19 n , by the following vote of the B-a-a- : - AYES: aur ervisors Ae ale Dias, J. Be Moriarty, We N. Boggess, Be Ae Linscheid, Je Pe Kenny, NOES: None* ABSENT: None. I Certitry that tai.; s full, true F corre;a copjr Of the mid .^I doG'sa, ' :ac'.: it; 0:' flis r_ o.ficoi and that U �: r:s.. r; C. �ii�, 1 ;:y tl:c :oard a4 oil the L:at_ ....;.`7. County .,....:i..:card oP SuYcrvLors, by ^^ uty Cleric. on cc: Public Works (2) RESOLUTION N0, 71/200 Planning Subdivider Perm #23; 70-4-500 e ^ r IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA March 30 19 71 In the ratter of ) Authorizing Acceptance } ofttIIinQstrumentC�of Dedi- ) 3ubdinvis ion �56,i ) San Ramon Area. } On motion of Suervisor J. 8. Moriarty , seconded by Supervisor A. Me DissORDERED that the follow ng ste ins rumen entitled "Offer of Dedication" be accepted for recording only, and this Board directs the Clerk to record a certified copy of this acceptance together With said instrument: Grantor Instrument Date Description Dames Construction Co., Inc. March 22, 1971 Dedicating a temporary storm drain easement. The purpose of accepting this instrument is for recording the Offer of Dedication, and such offer of dedication, when recorded in the office of the County Recorder, shall be irrevocable and may be accepted at any time by this Beard, or by governing body having jurisdiction thereof, pursuant to Section 7050 of the Government Code of the State of California. The foregoing order was passed by the following vote of the Board: AYES: supervisors A. M.Dias, J. Be Moriarty, W. N. Boggess, 8'. A. Linscheid, J. P. Benny. NOES: None, ABSENT: None. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid, Witness my hand and the Seal of th ggg�ard of Supervisors affixed this "h day of March , 19 71 cc: Recorder (via P.W. ) W. T. PAASCH, CLERK Public Works (2) Planning Department By Administrator uDonovan , Deputy Clerk 70-7-5oo ;r. PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMM I SSIONER•SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 220.3000 DEPUTY PUBLIC WORKS DIRECTOR March 30, 1971 Subdivision 3856 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3856 in Supervisorial District III in the San Ramon area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one-year time limit for completion is March 30, 1972. 2. Performance Bond, in the amount of $133,700. This Bond, together with a $500 cash deposit (Auditor's Receipt No. 89056) dated March 25, 1971, is to guarantee completion of road and street improvements as required by the County Ordinance Code. 3. Labor and Materials Bond, in the amount of $134,200. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1971-72 tax, which became a lien on the first Monday of March, 1971, is estimated to be $12,000. S. Tax Bond, in the amount of $12,000, guaranteeing payment of estimated tax. The map is submitted for filing by Founders Title Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. �,'._ Very truly yours, RE"" ( CE1 V :►_,� VICTOR W. SAUER Publ' Wo ks Director 1)197 W. T. PAASC1i ' CLERK CEI AAD OF SUPERVISORS B N� b�D�,,�7A� C0. ul E. Kilkenny e CUNT PTA LoePUty I Assistant Public Yorks Dire or PEK:fa Highway Planning cc: Founders Title Co. Planning Department Construction Division w SUBDIVISION AGREEMENT (§1) Subdivision: 3856 (§1) Subdivider: pamet Construction Co. � (B. & P. Code §§ZZ6ZZ-Z2) Corporation ffective Date : March-30. 1971 (Contra Costa County (§1) Completion Period: One --ear Standard Form; 8-67) (§4) Deposits : A. (cash 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ 1RR_700.00 2. (labor,materials)$ i`_2or. o_oo Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department . Subdivider shall complete this work and improvements- (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & klaintenance. Subdivider guarantees that the work is and w=l be fredl from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus . & Profs. Code §11612 , deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (I - FaithfuZ Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus (2 - Labor & Alaterials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors , and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warrant2.. Subdivider warrants that said improvement planis ade- quate to acconplis^ tliir •eork as pro--ised in Section 2 ; and if, at any time before t'ie County' s resolution of cc7+:-1 !t_on for the subdivision, the improvement plan ^roves to be inadequate in any respect , Subdivi- der shall make changes necessar"! tc acco--inlish the work as pro raised. -1- w ■ x 6. No Waiver by County. Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement , or acceptance of the whole or any part of said work and/or materials , or payments therefor, or any combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from-bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards, commissions, officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s ) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 6. Costs. Subdivider shall pay when due all the costs of the work, inclu3ing inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to comDlete them by contract or otherwise, and Subdivider shall oay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys' fees, costs of suit , and all other expenses of litigation incurred by County in connection therewith. - ZZ. Assignment. If before County accepts these improvements , the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. 12. Record Mao. In consideration hereof, Counts shall allow Subdivider to file and record said subdivision map , and recognizes this subdivision as one complyinz with State laws and County ordinances . A I LED So, If 7/ T. P CZTB OAR CF SUPERVISORS OCOUNTY BY puty CO TY OF CONTRA ZOSTA SUBDIVIDER: (see note below) By .Aw�� e r 1 hai man, Board of Sup rvisoYrk A Ca fornia Cor oration By ATTEST: W. T. PAASCH, County Designateficial capacity in the & ex of icio C erk of the Board business) president By ✓ Nota to Subdivider: (1) Execute Deputy acknowledgment forts below; and (2) If a corporation, attach e certified copy of (a) the bylaw FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board County, unsel of Directors, authorizing execution of this contract and of the bonds required By hereby. Deputy State of Ca fornia ) ss. (Acknowledgment by Corporation, County of L0aA01W asp► ) Partnership or Individual) On A10"11W O?O /9 7/ , the person(s) whose name(s) is/are signed above for Subdivider and who is korown to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. Or OFF 1 LS AL 11ICHA8D W. ]tNSQKI IMP" A40'4� /e. mpqav-r-- NOTARY PUBLIC - CALIFORNIA CONTRA COSTA COUNTY NT CGYYIS$IpY E)IpINE$ NOV-15. 1973 Principal office in Contra Costa Couaty Notary Public for said County and State N (Subdiv. Agrmt• CCC Std. Form) (HP-9; Rev. 9-69; 200) -3- ACTION OF THE BOARD OF DIRECTORS OF DAME' CONSTRUCTION :CO: :INC. , TAKEN WITHOUT. A MEETING The undersigned being all of the Directors of Dame' Construction Co. , Inc., a corporation, do hereby unanimously consent to the adoption of the following resolution: RESOLVED: That Carl D. Dame' , President of this corporation be, and he hereby is, authorized to enter into on behalf of this corporation, the necessary documents covering Subdivision 3856 and to execute a performance bond, labor and materials bond, tax bond and State of California Questionnaire In connection therewith, together with such other documents and instruments as may be incident thereto. DATED: March 23 1971. DIRECTORS: Carl D. Dame' IryL�� `M. C. McDonald CERTIFICATE OF SECRETARY I, M. C. McDonald , Secretary of Dame t Construction Co., Inc. a .corporation, do hereby certify and declare that the foregoing is a full, true and correct copy of a resolu- tion adopted by action taken by unanimous written consent of the board of directors without a meeting, dated March 23♦ 1971 , and that the By-Laws of this corporation authorized the directors to so act; and that said resolution is now in full force and effect. In testimony whereof, I have hereunto set my hand and affixed the corporate seal of said corporation this 24th day of March, 1971 Secretary M. C. McDonald (Af�ix corp rate seal) EI�METT HITCHCOCK - EDWARD W LEALLJR ASSISTANT co.uNrY JREASURER.TAX COLLECTOR TAX COLLECTOR'S OFFICE counrr TRE ASVRER-TAR COLLECTOP P-,ONI 228 • ^O ALFPEO P LOMELI E.r -,.'..=' `. =307 CONTRA COSTA COUNTY TA. OFI-E MANAGER FIRST INSTALLMENT OF TAXES - FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 DELINou ENT DUE AND PAYABLE ON THE TENTN DAY OF DECEMBER ON THE FIRST DAY OF NOVEMBER '-- - -' March 24, 1771 SECOND INSTALLMENT OF TAXES SECOND INSTALLMENT OF TAXES DELINQUENT DUE AND PAYABLE ON THE TENTH DAY OF APRIL ON THE FIRST DAY OF FEBRUARY IF IHIS TRACT IS NOT FILED BY OCTOBER 31, 1971, THIS LET= 13 VMD This will certify that I have examined the sap of the proposed subdivision entitled: TRACT NO. 3856 and have determined from the official tax records that there are no unpaid County taxes heretofore levied an the property included in the map. The current 1970-71 tax lien has been paid in full. Our estimate of the 1971-72 tax lien, which became a lien on the first day of March, 1 71 is S 12,000.00, EWRTT HITCHCOCK Redemption 0 icer i dl Bond No. B 619623 BOND AGAINST TAXES Premium: $120.00 X10'.^= ALL I.IE BY TIIIESE PRESENTS: TMT DAME' CONSTRUCTION CO., INC. , as principal and (Surety) UN= PACIFIC DZURANCE COMPANY a corporation organized and existing under the lams of the State of WASHINGTON and authorized to transact surety business in California as surety are held and firmly bound unto the County of Contra Costa, State of Cali_"ornia, in the penal sum of TWELVE THOUSAND AND N01100 Dollars 0 129000.00 ), to be paid to the said County of Contra Costa, for the payment of which will and truly to be made, ti':e and each of us bind ourselves, our heirs, executors, adminis- trators and successors, jointly and severally, firmly by these presents. Sealed with our seals and dated this 30th day of March , 1971 The conditions of the above obligation is such that I-WREAS, the above bounded principal is about to file a man entitled X3856_ Rain Creeks Unit $4 and cover in a sub::i vision of a tract of land in said County of Contra Costa, and t.-ere are certain liens for taxes and special assessments collec ,au as zases, against the said Tract of land covered by said map, ::hick taxes ani: special assessments collected as taxes, are not as yet o'ue or payable. the said� F0ti, Prinipl:r if shall pay all of 'U-:,e taxes and speci51 assessments collected as lases which are a lien a-ainst said tract of land covered by said map, at the time of tr_e filinS of. said map of said Tract, then this obligation shall be void and of no effect. Otherwise it shall re- main in full force a:zw effect. DAME' CONSTRUCTION CO. INC. �L r ncip�l L UN=M-PACIFIC urety By: _fie?,_no:•iledge:ient George Krueger, eY in fact (-y surety) } LES 'A/. T. PAASCH f OUB TY tr State of California ss: County of Cwtm Costa 11 On March30 1971 before me, the undersigned, o Notary Public in and for said County, personally appeared George H. Krueaer known to me to be the person whose name is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that_ -he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h_i& own name as OFFICIAL SEAL { ANN KRU GER ryp K ;RNIA CONiRACj'-1A COUNTY 1"y Commission Expires Ahy -20, 1913 My Commission expires Notary Public in and for said Ca� B-2004 California- Jurat (Attomey.in.Foci Acknowledgment) Rev. 1-65 Bond No. B '619621 ' IMPROVEMENT SECURITY BOND Premium: $2,013.00 (FaithfuZ Performance & Maintenance, AND Labor & Materials) (CaZif. Bus. & Prof. Code §ZZ6Z2; Contra Costa County Standard Form) Z. OBLIGATION. (PrinczpaZ) DAME' CONSTRUCTION CO., INC. as Principal, and ure y a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintenance) One Hundred Thirty-three Thousand Seven Hundred and no/100----Dollars ($ 133,700 ) for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials) One Hundred Thirty-four Thousand Two Hundred and no/100-------Dollars ($ 1349200.00 ) for the benefit of persons protected under Cal. Bus. &Prof.Code §11612. 2. RECITALS. The Principal contracted with the County on March 30, 1971 to install and pay for street, drainage, and other improvements in Subdivi- sion No. 3856 , as per map now being filed with the County's Recorder, and to complete said work within one year from said date, all in accordance with State and• local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of �1 him according' to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays -I- the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full V force and effect . 4io alteration of said contract or any plans or specifications of said work M agreed to by the •Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations ' without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds it3elf bound without S regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on March 30, 1971 . PRINCIPAL SURETY DANEIXONSTRUCrION CO. INC. UNITED PACIFIC INSURANCE COMPANY By 4`� By State of California ) ss, County of ) (ACKNOWLEDGMENT BY SURETY) On , the person(s) :chose name s) is/are signed above for Surety and who is known tc me to be the Attorrey(s )-in-'act for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Surety and his/their own name(s) as its Attorneys)-in-Fact. Notary Public for said County and State (Imp. See. Bond,CCC Std.Form) ''HP -ZS;Rzv.-8-67; 200) s a State of California County of Caitm Costa MarCOn 3a 1971 before me, the undersigned, o Notary Public in and for said County, personally appeared George H. Kr4ae known to me to be the person whose name is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY,,and acknowledged to me that-he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h�--s own name as Attorne -in-Fact, OFFlC1AL SEAL `� COlil --"Cl iT I GilaNTY My Commission Expires May ii, 1913 My Commission expi es " ,"19__._ Notary Public in and for soil unty -2004 California - Jurat (Attorney-in-Fact Acknowledgment) Rev, 1.65 A IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA November 20 , 1973 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 3861, Pinole Area ) Deposit: $500 ) Auditor' s Permit No. 76228 ) Dated August 21, 1969 ) Refund to: ) Falaschi Brothers ) 3480 Champion Street ) Oakland, California 94602 ) On August 25, 1970 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above . The foregoing order was passed by a unanimous vote of the Board. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 20th day of November , 1973 cc : Public Works (2) W. T. PAASCH, CLERK Subdivider By�LC�W14_ 4YDeputy Clerk Mildred 0. Ballard . - 11258 r�ov 30 1972 I / r AT �Gsww In the Board of Supervisors W. T. FAASCH Of 00WM "Gomm o antra Costa County, State of Coliform OFFL November 21 1972 , lr C� In **Money of Completion of Improvements, Subdivision 3861, Pinole Area. WHEREAS the Board on September 14, 1971 declared that the ' subdivider had discharged all of his obligations relative to the con- struction of improvements in Subdivision 3861, Pinole area, with the exception of certain channel protection work for which surety bonds have been posted and a cash deposit has been retained; and WHEREAS the Public Works Director has reported that the con- struction of the channel protection work has been satisfactorily completed and the Subdivision Agreement has expired; and WHEREAS the developer has submitted a Subdivision Improvement Maintenance Agreement (in compliance with Section 8429 of the County Ordinance Code) , said agreement accompanied by a surety bond issued by the Fireman%6 Fund Insurance Company (No. SC6161869A) in the amount of $775, with ayview Development Company as principal; NOW, THEREFORE, on the recommendation of the Public Works Director and on motion of Supervisor J. E. Moriarty, seconded by Super- visor A. M. Dias, IT IS BY THE BOARD ORDERED that the construction of all improvements has' been completed in Subdivision 3861, Pinole area. IT IS BY THE BOARD FURTHER ORDERED that the Subdivision Improvement Maintenance Agreement is APPROVED and Supervisor E. A. Linscheid, Chairman, is AUTHORIZED to execute same in behalf of the County. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid: NOES: None. S ABSENT: None. 1 herebycern that the for is a true and correct certify epoimB copy of on order entered on the n*wtes of said Board of Supervisors on the dale aforesaid. Witness my hand and the Seal of the Board of cc: Recorder Supervisors Public Works affixed this 21st day of November . 19 72 Planning Subdivider W. T. PAASCH, Clerk A (via P,W. ) By /�i� - - Do" clerk Mildred 0. Ballard H24 4/72 IOM G SUBDIVISION INIPRGVEMENT MAINTENANCE AGREEMENT (9I) Subdivision: 3861 (�I) Subdivider (B. $ P. Code §§911611-12) Raxview Development Company (§1) - Effective Date: November 21, 1972 (Contra Costa County (91) Completion Period: One year Standard Form; 8-67) (94) Deposits: A. (cash) $500.00 B. (Maintenance Bond)$775.00 1. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above-named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider has constructed road and street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. County has accepted as complete all of said improvements with the exception of certain channel protection work at the outlets of two reinforced concrete box culverts. The Subdivider has discharged his obligation to maintain all of the improvements with the exception of said channel protection work. 3. Guarantee 4 Maintenance. Subdivider guarantees that the above-mentioned channel protection work is and will be free from defects and will perform satisfactorily in accordance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit 4 Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs. Code A11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (1 - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500.00, in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defective workmanship or materials or any unsatisfactory performance COUNTY OF CONTRA STA SUBDIVIDER: (see note below) r; By _ 1,e g7 Chairman, Board of Supervisors ,r ATTEST: W. T. PAASCH, County Clerk By ----z-�{;��__.L,�, >• $ ex officio Clerk of th Board Designate official capacity in the '' /,r business) By //LGC CC C%. iGf L 064-1, _. Deputy Note to Subdivider: (1) Execute acknowledgement form below; and FORM APPROVED: JOHN B. CLAUSEN (2) If a corporation, attach a County Guns 1 certified copy of (a) the bylaws or (b) the resolution of the Board By ` of Directors, authorizing execution of Deputy this contract and of the bonds required hereby. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * State of California ) ss. (Acknowledgment by Corporation, County of Partnership or Individual) On �Q� y7 L, the person(< whose name(sy is/amsigned above for Sub ivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. F I L ,ED - / Nota17Public or saidCounty anta�, I%7Z W. te T. PAASCH CLOK 900 OF S11 MISM OFFICIAL SEAL �. Mti T�gouNTY MARIE V. DELSOL NOTARY PUCLIC L,.a U, 11a ALAMEDA CO UNiY r My Com,oisma upirss How.26,1973 A 3t 1 bG�G Fes, ,�tGa•� f s�,t�b'G4,GO 4.9 o . X CP G F, � n�°St.- �,� �4"•S `L,��1.�S g��}�'V tO b�O Gt �' �/ Ste, ti S'��''`° G •;6 0 G 0 ,Cbl °st y Gtt` yt h4q X01 'VI, �b `V G �t~��Ct � jr4°Sj�"byG •.ega�oJ �f k,.. air 'L1`�-�,_ Qr�(�� C~ ��4 '',J•� WOO 0 CSJv� 4�'O��t~<G� f yti3y��4� •`tGs• � �' °�`"��Ci1 S,,`+ G,G° .,�`�,�,CJI •`°�� pJ ' 4�r,�,c�, G ��,� S0 • «' ,fit,, J. 4 Jt1 1' a► 10 w. K r! FIREMAN'S FIREMAN'S FUND INSURANCE.COMPANYAWA . THE AMERICAN INSURANCE COMPANY - FUND NATIONAL SURETY CORPORATION MA9ffENJ NCE BOND ASSOCIATED INDEMNITY CORPORATION AMERICAN AMERICAN AUTOMOBILE I URANCE COMPANY 1^ INSURANCE COMPANIES HOME OFFICE:SAN FRA I� .CAbIFTNiI LS OCT 2 1 1972 Bond No. SC6161869A KNOW ALL MEN BY THESE PRESENTS: PUBLIC WORKS DEPARTMENT That, BAYVIEW DEVELOPMENT CO. 3480 Champion Street, Oakland as Principal, and FIREMAN'S FUND INSURANCE COMPANY a corporation organized under the laws of the State of CALIFORNIA _ and authorized to do a surety business in the State of CALIFORNIA , as Surety, are held and firmly bound unto the COUNTY QF CONTRA COSTA in the sum of SEVEN HUNDRED SEVENTY FIVE AND N0/100 DOLLARS-----------------------------------�g 775. 00 ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: SEALED with our seals and dated this 25th of October 172___^__ WHEREAS, on the the said BAYVIEW DEVELOPMENT COMPANY as contractor, entered into a contract for SUBDIVISION IMPROVEMENTS Tract 3861 including channel protection work for the sum of EIGHTY FIVE HUNDRED AND N0/100 DOLLARS ($ 8500.0 0 ); and, WHEREAS, under the terms of the specifications for said work, the said BAYVIEW DEVELOPMENT CO is required to give a bond for SEVEN HUNDRED SEVENTY FIVE AND no/100--------------------------- ------------------------------------------------------f$ 775. 00 ), to protect the COUNTY OF CONTRA COSTA against the result of faulty materials or workmanship for a period of one year from and after the date of the completion and acceptance of same, namely, until November 10, 1973 NOW, THEREFORE, if the said BAYVIEW DEVELOPMENT COMPANY _ sha11 for a period of one year from and after the date of the completion and acceptance of same by said COUNTY OF CONTRA COSTA replace any and all defects arising in said work whether resulting from defective materials or defective workmanship, then the above obligation to be void; otherwise to remain in full force and effect. BAYVIEW DEVELOPMENT COMPANY FILED BY W. T. PAASCH ;CLSK noARI CF �IPERVISORS 'S FUND INSURANCE COMPANY liy S Jenkinr, torney-in-fact 860027-4-66 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of ) Subdivision 3861, ) September 14, 1971 Pinole Area. ) WHEREAS the Board on August 25, 1970 accepted as complete construction of improvements within the boundary of Subdivision 38613, Pinole area, at which time the Board did not accept any of the off-tract improvements in San Pablo Avenue consisting of the following: 1. Curb, sidewalk and pavement widening on the south side of the street; 2. Medians for left-turn channelization; 3. Channel protection in the creek on the north side of the street at the outlet of the two box culverts; and WHEREAS the Public Works Director reports that the improve- ments in Item 1 were satisfactorily completed at the same time that the in-tract work was completed but were not accepted because the remainder of the work in San Pablo Avenue was not completed; and that said improvements have functioned satisfactorily for one year; and WHEREAS the Public Works Director further reports that Item 2 has been included in a county contract (Project No. 0971-4411-68) which is currently under construction, and the developer paid $9,775 to the County for the facilities which were his responsi- bility to construct under the terms of the subdivision agreement; and that the developer has discharged all of his obligations under the subdivision agreement with respect to these improvements; and WHEREAS the Public Works Director further reports that the subdivider has not been able to complete Item 3 because of a con- flict with the Standard Oil Company oil pipelines which traverse the area in which grouted rock slope and channel protection must be placed; that it is expected that the Standard Oil Company will complete the planned replacement of the oil pipeline in about two months; and that the subdivider has tendered a new surety and a labor and material bond to guarantee completion and one-year satis- factory performance of the channel protection after it is accepted; NOW, THEREFORE, on the recommendation of the Public Works Director and on motion of Supervisor W. N. Boggess, seconded by Supervisor A. M. Dias, IT IS BY THE BOARD ORDERED that the street and drainage improvements within the subdivision boundary and on the south side of San Pablo Avenue have successfully completed the one-year satisfactory performance period and all deficiencies developing during said period have been corrected; and IT IS BY THE BOARD FURTHER ORDERED that the subdivider has discharged all of his obligations under the terms of the subdivi- sion agreement relative to the construction of the median and left-turn channelization in San Pablo Avenue; and IT IS FURTHER ORDERED that the Public Works Director is to continue retention of the $500 cash bond (Auditor's Permit No. 76228 dated August 21, 1969) until the channel protection work at the outlet of the two box culverts under San Pablo Avenue has been completed and performed satisfactorily for a period of one year from the date of acceptance of the completed work; and IT IS FURTHER ORDERED that the following bonds issued by Fireman's Fund Insurance Company, with Falaschi Brothers, Inc. and Jones Development Company as principal, for the channel protection work to replace the original bonds submitted when the final map of the subdivision was filed, are ACCEPTED: No. SC6246010, in the amount of $8,000 for Faithful Performance, and $8,500 for Labor and Materials. The foregoing order was passed by the following vote of the Board: AYES: Supervisors A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, J. P. Kenny. NOES: None. ABSENT: :Done. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 14th day of September, 1971. W. T. PAASCH, CLERK By Mildred 0. Ballard, Deputy Clerk cc: Public Works (2) Auditor Subdivider 4 Q ' PUBLIC WORK5• DEPARTMENT CONTRA COSTA COUNTY DATE: September 8, 1971 TO : Mrs. Gerry Russell, Clerk of the Board FROM: Paul E. Kilkenny, Assistant Public Works Director, . Highway Planning SUBJECT: Subdivision 3861 Transmitted herewith are the following bonds issued by Fireman's Fund American as surety, which are to be attached to the subdivision agreement for Subdivision 3861: Performance $8,000 Bond No. SC6246010 Labor and Materials $8,500 Bond No. SC6246010 These bonds will be accepted by the Board of Supervisors on September 14, 1971. DT res F L E D . /•1/ /9�/ Enclosures rv.REETE . PAASCH CLERK BCARD CF SUPERVISORS :iOp! R C T C N Y L)1�� Deputy -*#tP 10 1971 W T. PAASCH CLERK R'J OF SUPCRVISORS L!Vfi&14j,1aCG'r:%TA OrwtY f STATE OF CALIFORNIA COUNTY OA-._ ALAMEDA On this 1s t day of September in the yen 19?I before me, MARIE V. DELSOL a worAxy PuBuc in and for said County and State,personally appeared JAMES W. JENKINS ti'�•��" Z�'•,`•`�` •�r known to me to be the person whose name is subscribed to the within instrument at the t.AQtc V. D;_U�JL , Attorney-in-fact of the FIREMAN'S FUND INSURANCE COMPANY,and aeluwwl- ^; ROTARY rLC;LIC• c;t i-'J MA ,y edged to me that he subscribed the name of the FIREMAN'S FUND INSURANCE COM- ,; ,. . f „;.R.,AEDA COJINTY PANY thereto as principal,and his own name as Attorney-in-fact. At7 1:6tI14S:{t$tCtl ijp es Hor.1E,1973 IN WITNESS WHEREOF,I have hereunto set my hand and affized my official seal,at my ti`rti"►"►'ti"•ti't-."•S''L"'`�'��`'�"'�'S"� office, in said County d State, the day and year in this certificate first above written. Notary Public in and for said County and Stats My commission expires November 26, 1973 360207 - 5-66 a f' r� PAYMENT ^BOND—PUBLIC WORKS Bond No. S C6 2 4 6 010 re D I r 1 n r F7 rp The nremium for this Iv nI is irc:c;;cn!in the Premium for the bond"Pranite"I;!Performance Of the COntrBCt Corered th,Cuader, 1�8 AMIN FIREMAN'S FIREMAN'S FUND INSURANCE COMPANY THE AMERICAN INSURANCE COMPANY •A V. '•^'•• FUND NATIONAL SURETY CORPORATION ® ASSOCIATED INDEMNITY CORPORATION AMERICAN AMERICAN AUTOMOBILE INSURANCE CO A ' INSURANCE C O At P A N I E S HOME OFFICE: SAN FRANCISCO,CALIFO 1 LIED _4e_71_ /•,/, .1,1--71 It T. PAASCH KNOW ALL MEN BY THESE PRESENTS: CLERK BOARD CF SUPERVISORS O YRA os O Nrry L'Y �iIG OepUty That we, FALASCHI BROS. , INC. , A CORP. & JONES DEVELOPMENT CO.a Nevada as * ci and FIREMAN'S FUND INSURANCE COMPANY •incorporated under the laws of the State of and and authorized to execute bonds and undertakings as sole surety, as Surety, are held and firmly bound unto any an persons named in California Civil Code Section 3181 whose claim has not been paid by the contractor, company or corporation, in the aggregate total of EIGHTY FIVE HUNDRED AND no/100--------------------------------------- -------------------------------------------------------- Dollars, (S8,500. 0 0 ). for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators,successors and assigns, jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that; whereas the above bounden Principal has entered into a contract, dated August 24 , 19 71, with the COUNTY OF CONTRA COSTA to do the following work, to-wft:OFF TRACT WORK CHANNEL PROTECTION AT OUTLET OF TWO BOX CULVERTS IN ACCORDANCE WITH SUB AGREEMEITT AND SHEET 7 OF IMPROVEMENT PLANS FOR SUBDIVISION #3861 Now, Therefore, if the above bounden Principal, contractor, person, company or corporation, or his or its sub-contractor, fails to pay any claimant named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code, with respect to work or labor performed by any such claimant, that, the Surety on this bond will pay the some, in an amount not.exceeding the aggregate sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit. This bond shall inure to the benefit of any person named in Section 3181 of the Civil Code of the State of California so as to give a- right of action to them or their assignees in any suit brought upon this bond. This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code,Sections 3247-3252 inclusive,and all amendments thereto. I Signed and Sealed this 1St day of September .19 71 FALASCHI BROS. , INC & JONES DEVELOPMENT CO. FIREMAN'S FUl` INSURANCE COMPANY James W. Jenkins SuretYAttorney-,in-fact t BY Attorney-fn-Fact 360099-1-71 � I � STATE OF CALIFORNIA ss. COUNTY OF SDA } On this--2 4 th day of Auaus t ,is the year 1971 , before me, __ MARIE V. DELSOL a Norway rvauc in and for said County and State,personally appeared JAMES W. JENKINS known to me to be the person whose name is subscribed to the within instrument as the awi.rs .�'a�a w�.• ,.Z.«S*�.�,•.t�:t•,tY, Attorney-in-fact of the FIREMAN'S FUND INSURANCE COMPANY and acknowl- edged to me that he subscribed the name of the FIREMAN'S FUND INSURANCE COM- PANY% thereto as principal,and his own name as Attorney-in-fact. �ti r,_. ?ED �;.i Y IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,at my `�. ., s office, in said d State the day and year is this certificate first above written. �pI ei�J CYSY•�A7'i r a��4i`{a134i.a� ` .. Notary Public in and for said County and State My commission expires November 26 , 1973 360207 - 5-66 FIREMAN'S FIREMAN'S FUND INSURANCE COMPANY Bond No. SC 6246010 THE AMERICAN INSURANCE COMPANY NATIONAL SURETY CORPORATION FUND ® ASSOCIATED INDEMNITY CORPORATION AMERICAN AMERICAN AUTOMOBILE INSURANCE COMPANY INSURANCE COMPANIES HOME OFFICE SAN FRANCISCO,CALIFORNIA F L E D 1N. T. PAASCH CLERKT�BCMD OF SUPERVISORS PERFORMANCE BOND IF NIRA T aDuty KNOW ALL MEN BY THESE PRESENTS: That we, FALASCHI BROS. , INC. A CORPORATION AND JONES DEVELOPMENT CO. , A NEVADA CORPORATION (hereinafter called "Principal") as Principal, and FIREMAN'S FUND INSURANCE COMPANY a corporation organ- ized and existing under the Iaws of the State of CALIFOnd authorized to transact business in the State oICALIFORNIA (hereinafter called "Surety"), as Surety, are held firmly bound unto COUNTY OF CONTRA COSTA (hereinafter called "Obligee"), as Obligee, in the penal sum of EIGHT THOUSAND AND no/100------------ Dollars (S 8,000. 00 ), good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors,and assigns, iointly and severally, firmly by these presents. Signed, Sealed and Dated this 24th day of August - 19 71 Whereas, the above bounden Principal has entered into a certain written contract with the above-named Obligee, dated the 24th day of August 19 71 for subdivision 3861 OFF TRACT WORK CHANNEL PROTECTION AT OUTLET OF TWO BOX CULVERTS IN ACCORDANCE WITH SUB AGREEMENT AND SHEET 7 OF IMPROVEMENT PLANS which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That if the above bounden Principal shall well and truly keep, do and perform, each and every, all and singular, the matters and things in said contract set forth and specified to be by the said Principal kept, done and performed at the time and in the manner in said contract specified, and shall pay over, make good and reimburse to the above-named Obligee, all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal, then this obligation shall be void; otherwise to be and remain in full force and effect. FALASCHI BRO _ , INC & JONES DEVELOPMENT Eo � ` F MAN'S FUND INSURANCE COMPANY Surety es Je ins Attar - - act 360121-8-67 In the Board of Supervisors of Contra Costa County, State of California October 20 In the Matter of Refund, of Cash Deposit, Subdivision 3861, Pinole Area. 76MEREAS this Board on August 25, 1970 adopted Resolution No. 70/539 accepting as complete, with the exception of certain minor deficiencies, the construction of improvements in Subdivi- sion 3861, Pinole area; and WHEREAS Falaschi Bros ., Inc. , submitted a X2,000 cash bond (Auditor's Permit No. 84382 dated August 17, 1970) guarantee- ing the correct installation of eight (8) survey monuments in said subdivision; and WHEREAS the Public Works Director has advised that the installation of said monuments has been satisfactorily completed; NOW, THEREFORE, on motion of Supervisor J. E. Moriarty, seconded by Supervisor A. M. Dias, IT IS BY THE BOARD J9DERED that the Public 4dorks Director is AUTH ORI?ED to refund said $2,000 cash deposit to Falasehi Bros. , Inc. , 3480 Champion Street, Oakland, California. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty., E. A. Unscheid, T. J. Coll. NOES: None. ABSENT: None . 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed :his 20th day of October _ 19 70 cc: Public 'Works (2) — Auditor , , W. T. PAASCH, Clerk Subdivider By (lams )�'' "",Y1'_ZcG;.' Deputy Clerk Anne T. -c5or ey a H 24 8170 10M In the Board of Supervisors of Contra Costa County, State of California S@ntember 29 19.70 In the Matter of Refund of Cash 'Deposit, Subdivision 3861, Pinole Area. WHEREAS this Board on August 25, 1970 adopted Resolution No. 70/539 accepting as complete, with the exception of certain minor deficiencies, the construction of improvements in Subdivi- sion 3861, Pinole area; and WHEREAS Mr. Robert Falaschi, subdivider, submitted a cash bond in the amount of $450 guaranteeing installation of nine (9) street name sins in said subdivision, as evidenced by Auditor' s Permit No. 842'99 dated August 12, 1970; and WHEREAS the Public Works Director has advised that the installation of said signs has been satisfactorily completed; NOW, THEREFORE, on motion of Supervisor J. E. Moriarty, seconded by Supervisor E. A. Linscheid, IT IS BY THE BOARD ORDERED that the Public Works Director is AUTHORIZED to refund said $450 to Mr. Falaschi, 3480 Champion Street, Oakland, California. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. •E. Moriarty, E. .A. Linscheid, T. J. Coll. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order«Meted on the mh%utes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Public Works (2) Supervisors Auditor affixed this 29th day of September1970 Sub di vi der , W. T. PAASCH, Clerk By � Do" Clerk Mildred 0. Ballard H 24 IV69- IOM � A IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of Improvements and Declaring ) certain roads as County Roads, ) RESOLUTION N0. 70/539 Subdivision 3861, Pinole Area, ) Work Order 6747. ) WHEREAS the Public Works Director has notified this Board that the construction of improvements within the boundary of Sub- division 3861, Pinole area, as 'provided in the agreement dated August 26, 1969 heretofore executed by this Board in conjunction with the filing of the subdivision map, has been satisfactorily completed; and that the off-tract improvements on San Pablo Avenue cannot be completed until the County contract for the extension of the cross culverts is completed; and WHEREAS the Public Works Director has advised that the sub- divider has agreed to complete the construction on San Pablo Avenue at a later date and has requested the acceptance of the in-tract improvement at this time, leaving the Surety, and the Labor and Materials Bonds in effect to guarantee completion of deferred work; and WHEREAS the Public Works Director has further advised that two cash bonds have been posted to cover incom lete items within the subdivisions one bond in the amount of, Z50 (Auditor's Permit No. 84289 dated August 12, 1970) , posted by Robert Falaschi, guaranteeing the installation of nine (9) street name signs that are being fabricated, and the other bond in the amount of $2,000 (Auditor's Permit No. 84382 dated August 17, 1970), posted by Falaschi Bros. , Inc. , guaranteeing the correct installation of eight (8) survey monuments; NOW, THEREFORE, BE IT RESOLVED that the construction of improvements in Subdivision 3861 has been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement. BE IT FURTHER RESOLVED that the hereinafter described roads, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be County roads of Contra Costa County: O'CONNOR DRIVE (36/56/0.13) O'HATCH DRIVE (36/56/0.14) 0'T OOLE WAY (32/52/0-13) SPENCER PLACE (32/52/0.12) SPENCER COURT (32/52/0.02) which are shown and dedicated for public use on the map of Subdivision 3861, filed August 28, 1969 in Book 128 of Maps at Page 1, Official Records of Contra Costa County, State of California. BE IT FURTHER RESOLVED that August 25, 1970 is established as the date for commencement of the one-year maintenance period for the above-listed streets in accordance with Section 8429(6) of the Ordinance Code; and that the one-year maintenance period of the off-tract improvements on San Pablo Avenue will commence when those improvements are completed and accepted. RESOLUTION NO. 70/539 PASSED AND ADOPTED this 25th day of August, 1970 by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Diaa, J. E. Moriarty, E. A. Linscheid, T. J. Coll. NOES: None. ABSENT: None. I HEREBY CERTIFk that the foregoing is a true and correct copy of a resolution entered on- the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 25th day of August, 1970, W. T. PAASCH, CLERK By ��r✓ I Anne M. mesorley Deputy Clerk cc: Recorder Public Works (2) Auditor Subdivider i RESOLUTION NO. 70/539 In the Board of Supervisors of Contra Costa County, State of California Maw 12 In the Matter of Authorizing Acceptance of Dedication of Drainage Easement, Subdivision 38619 Pinole Area. On Motion of Supervisor E. A. Linscheid, seconded by Supervisor J. P. Kenny, IT IS BY THE BOARD ORDERED that the drainage easement dedicated on Resolution No. 79-6970 adopted by the Richmond Unified School District on April 29, 1970, is hereby ACCEPTED. (Said easement is at the south end of O'Hara Drive, Subdivision 3861, and provides an area for the con- struction of storm drainage facilities as a part of said subdivision). The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, J. E. Moriarty, E. A. Linscheid, T. J. Coll. NOES: None, ABSENT: Supervisor A. M. Dias, I hereby certify that the foregoing is a true and corred copy of an order @ I@ on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors cc : Public Works (2) affixed :his 17th day of ?�.aT , 19 -44 County Administrator W. T. PAASCH, Clerk By �l.^rnJ . 7• Deputy Clerk Anne M. XcSorley H 24 12/69- IOM IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Sub vision Map of ) Tract3�l, El Sobrante ) RESOLUTION N0. 69/548 Areae ) WHEREAS a map entitled Tract 3861 property located in the El Sobrante area , having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the 1969-1970 tax whiOh .beesate', a lien on the First of March. 1969 is estimated to be $1,100,;_ and Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4. Title 8, of the County Ordinance Code; Surety bonds issued by Miremanve Fund Insurance Company with Falaschi Bros. Inc., a Corporation, and Jones Development Company, a Nevada Corporation, as principals; as follows: No. SC 6163966 in the amount of $176,500 for Faithful Performance, and $177000 for Labor and Materials; Cash deposit (Auditor's Receipt No. 76228 dated August 21, 1969) in the amount of $500; Tae Receipt in the amount of (1,100 showing payment of estimated 1970 tax; and Inspection Fee in the amount of $8,850; and Sgb�vision etreemtont beIr en Falaschi Brothers and Jones a opmen ., c., 33�Ztt , UaKlandg MoMfornia subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete road and street improvements, etc., in said sub vis one done year from the date of said agreement; �ugus • 1�y77U° • RESOLUTION NO.69/%8 Form #23 NOW, THEREFORE, BE IT RESOLVED that said bond] and and the amount.# thereof be and the same are hereby APPROVED. BE IT FURTHER RESOUgED that said subdivision agreement be and. the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the came is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, aysnuess or easements shown thereon as dedicated to Public Use, PASSED AND ADOPTED this 26th day of Ausnst , 19-09 by the following vote of the Board: AYES: Supervisors J. P. Benny, A. M. Dias, T. J. Coll, E. A. Linscheid, J. E. Moriarty, NOES: None. ABSENT: None• i77T' '-1 iS \ 1... .r 1.•.•A� �. ,i !'{�•..L �... Dtl cc: Public Works (2) �� de °� Subdivider Planning ��1�� Subdivider RESOLUTION NO. 69/%8 Form 23 'en / ^nn s SUBDPTISION AGREEi'.ENT (§1) Subdivision: 1861 (§1) Subdivider: Palaschi Bros. Inc. L A (B. & P. Code §§ZZSZZ-Z2} Co •'nn and JONES DEVELOP14ENT CQ-,.A Nevada 1 Effective Date : ;IjZ&j,&cj Corporation (Contra Costa County (§1) Completion Period: One Year Standard Form; 8-67) (§4) Deposits : A. (cashes 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) 2. (labor,materials) 1 77ynnn.no Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision clap Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment, plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance . 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs. Code §11612 , deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . B. Bonds , etc. : (2 - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cos; of the work less $500, in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one yeav after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warranty. Subdivider warrants than; said improvement plan is ade- quate to accomplish this work as promised in Section 2 ; and if, at any time before the County' s resolution of completion for the subdivision, the improvement plan proves to be inadequate in any respect , Subdivi- der shall make charges necessary to accomplish the work as promised. �Ir-1- U L T. PAASCH CLERK BOARD CF SUPERVISCRS ey LLf:V7 CyO�ST C N7Y Gr. �.�J _ Deputy Z 6. No Waiver by County. Inspection of the work and/or materials , or approvaY of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with -the requirements of this agreement , or acceptance of the whole or any part of said work and/or materials , or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards , commissions , officers , agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters . 8. Costs. Subdivider shall pay when due all the costs of the work, inclu-di g inspections thereof and relocating, existing utilities re- quired thereby. 8. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. 10. Nonperformance and Costs. If Subdivider fails to complete the work and improvements vrithin the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys' fees , costs of suit , and all other expenses of litigation incurred by County in connection therewith. 11. Assigizment.. If before County accepts these improvements., the subdivision is annexed to a city, the County may assign to that: city the County' s rights under this agreement and/or any deposit or bond securing them. 12. Record hiay. In consideration hereof, County shall allow Subdivider to file and record said subdivision map , and recognizes this subdivision as one comply_n~ with State laws and County ordinances . -2- 1 SUBDIVIDER: (See Note Below.) FALASCHI BROS. INC. ,- A Corporation BY ;� -�- COUNTY OF CONTRA COSTA — President By 7 1&airman, Board of pervisors Ne vadaCo 0 r8� on By T(A,I ru"; .' ATTEST: W. T. PAASCH, County Clerk (Designate o fEcial capacity & ex officio Clerk of the Board in the businp'es) President By Glia/ Note to Subdivider: (t) Execute / Deputy acknow •e giaent form beZow; and / (2) If a corporation, attach a certified copy of (a) the by- FORM APPROVED: JOHN A. NEJEDLY laws or (b) the resolution of District At,-,o r y the Board of Directors, authori- zing execution of this contract BY and of the bonds required. hereby. Deputy # it * * * * * * * * *. * * * * * * * * * * * * * * * * * * * State of California ) ss. (Acknowledgment by Corporation, County of C'on/TiPL1 Partnership or Individual) On AU&U5T 20, /9(09 , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument , and ac- knowledged to me that he executed it and that the corporation or partner- ship named above executed it. !u+ 0 e, 1-�Ql, 20 OFFICIAL SEAL r _ R. W. JENSEN s _ , NOTARY PURUC - CALFMMA = PRINCIPAL Ofi10E W TME COUNTY Of CONTRA COSTA rr . Notary Public for said County and State (Subdiv. Agrmt. CCC Std. Form) (HP-9; Rev. 8-67; 200) -3- AI IMPROVEMENT SECURITY BOND BOND No. SC- 616396.6 (Faithful Performance & Maintenance, AND Labor & Materia a) (Calif. Bus. & Prof. Code §ZZ612; Contra Costa County Standard Form) Z. OBLIGATION. FALASCHI BROS. INC. , A Corporation (Principa' anr3 JONES nFVFr.oPTTENTCO. . A Nevada Corporationas Principal, and inure y FIRDIAN'S FL:D LNSUR_A\CE CCCVDI A:N' a corporation organized and existing; under the laws of the State of CALIFORNIA and authorized to transact surety business in Californ a, as Surety, hereby jointly and severally bind ourselves, our heirs, executors , administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintenance) THOUSAND FIVE HUNDRED Dollars ($ ) for itself or any City-assignee under the be ow-c ted subdivision -contract, plus (B - Labor & Materials) �nNg Nt1NngFn SEVENTY–SF.yLj, THOUSAPJD--------------- Dollars ( p ) for the benefit of persons protected under Cal. Bus. &Prof.Code 511612. 2. RECITALS. The Principal contracted with the County on 8/Z V 1 6 9 to Install and pay for street, drainage, and other improvements in Subdivi- sion No. 1861 , as per map now being filed with the County's Recorder, and to complete said work within one year from said date, all in accordance with State and local laws , rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according' to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on Au-ust 20, 1-06 PRINCIPAL SURETY LASHI BROS. , ITIC. — y FI : "S LN D,SETT_TICK COMPANY E. Falaschi, ? esideriBy ro Harold P. Jones, Pres-'dent cmc - JONES DEVELOPMENT CO. , State of California ) ss.. County of" A1„meda ) (ACKNOWLEDGMENT BY SURETY) On August 20, 1969 the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorneys )-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Surety and his/their own name(s) as its Attorney(s)-in-Fact. Ratttt• ::.:r..:_ r ...ttrsar_.:. rrar_at7 • • /y✓`. / N Notary Public for said County and State (Imp. Sec. Bond, CCC Std.Form) ($P-Z 5;Rev. B-67; 200) My Commission Expires November 2G, 1-59 I III. ACTION OF THE BOARD OF DIRECTORS OF FALASCHI BROS. , INC. , A- CORPORATION, TAKEN WITHOliT A MEETING The undersigned being all of the Directors of FALASCHI BROS. , INC. a corporation, do hereby unanimously consent to the adoption of the followltig resolution: RESOLVED: That E. Falaschi , President of this corporation be, and he hereby is, authorized to enter into on behalf of this corporation., a subdivision agreement with the County of Contra Costa covering Subdivision 3861 and to execute a performance bond, labor and materials bond and tax bond, in connection therewith, together with such other documents and instruments as may be incident thereto, DATED' J/RECRO)CS o CERTIFICATE OF SECRETARY I, Virginia Falaschi Secretary of FALASCHI BROS, . INC. a corporation, do hereby certify and declare that the foregoing is a full, true and correct copy of a resolution adopted by action taken by unanimous written consent of the board of directors without, a meeting, dated May 28, 1969 , and that the By-Lairs of this corporation authorized the directors to so act; and that, said resolution is now in full -force and effect. In testimony whereof, I have hereunto: set my 'nand and affixed the corporate seal of said corporation this 28th day of May , 1969 cretary (Affi Y _corporate sear z ACTION OF THE BOARD OF DIRECTORS OF JQNES DEVELOPMENT CO. , A CORPORATION, TAKEN WITHOUT A MEETING The undersigned being all of the Directors of co_ , a corporation, do hereby unanimously con nt to the adoptiorg of the following resolution: RESOLVED: That - � - esident of this corporation be, and n hereby is, authorized to enter into on behalf of this corporation, a subdivision agree ent with the County of Contra Costa covering Subdivision and to execute a performance bond, labor and materials bond an tax bond, in connection therewith, together with such other documents and instruments as may be incident thereto . 40 DATED: May 14, 1969 `Q4 1 CERTIFICATE OF SECRETARY I, HUGH HENES , Secretary of JONES DEVELOPMENT CO. , a corporation, do hereby certify and declare that the foregoing is a full, true and correct copy of a resolution adopted by action taken by unanimous written consent of the board of directors without a meeting, dated May 14, 1969 , and that the By-haws of this corporation authorized the directors to so act; and that said resolution is now in full force and effect. In testimony whereof, I have hereunto set my hand and affixed the corporate seal of said corporation this 14th day of May , 1969 Se treta (Affix corporate sea!) • PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHI£F C£PVTY PUELI= wO=KS CIRECTOR ROAD COMMISSIONER•SURVEYOR 6TH FLOOR. ADMINISTRATION BVILDiNG MARTINEZ, CALIFORNIA 94553 R. D. BROATCFi TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR August 22, 1969 Subdivi cion 3861 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3861 in Supervisorial District II in the El Sobrante area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is August 26, 1970. 2. A Surety Bond in the amount of $176,500 and a $500 cash deposit (Auditor's Receipt No. 76228 dated August 21, 1969) which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond in the amount of $177,000. 4. Letter from Tax Collector's Office stating that there are no unpaid County tuxes on the property, and that the 1970 tax, which became a lien on the first Monday of March, 1969, is estimated to be $1100. 5. Tax Receipt in the amount of $1100 shoring payment of estimated 1970 tax. The map is submitted for filing by the Western Title Guaranty Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours. VICTOR W. SAUER Public Works Director ar. / �&- V. L. Cline Assistant Public Works Director Highway Planning JP:sc cc: Title Company Planning Department Construction Division 4 EMMETT•HITCHCOCK ArLFRED P. LONSELI _ COUNTY tREASURER.TAX COLLECTOR OFFI¢E MAMAGCP TAX COLLECTOR'S OFFICE PHONE 228-3000 EXT. 2384.2385.2386 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 FIRST INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF NOVEMBERT�E lL' l�[e ON THE TENTH DAY OF DECEMBER SECOND INSTALLMENT OF TAXES V U 7p7 SECOND INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF APRIL IF THIS TRACT IS NOT FILED BY OCTOBER 31, 1969, THIS LETTER IS WID This will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 3861 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1966-69 tax lien has been paid in full. Our estimate off We — tax lien, Which became a lien on the first Monday of March.,1969 , is $ 1,100.00 IIO= HITCHCOCK Redemption 7Of r By: Q� De&ty dl COUNTY OF CONTRA COSTA j DEPOSIT PERMIT , OFFICE OF COUNTY AUDITOR-CONTROLLER i TO THE TREASURER: ' MARTINEZ,.CALIF. 8 RECEIVE FROM No• Re tt Hi tehoclr Tax Collector 6 - DATE 8-21-59 BUDGET UNIT t }/ THE AMOUNT SHOWN BELOW FOR CREDIT TO THE FUND OR FUNDS INDICATED; FUND NAME DESCRIPTION SPECIAL FUND REVENUE CR REVENUE FUND AMOUNT AMOUNT S s SPECIAL DEPOSITS Tract 61 8109 9965 1,3 AD JUDICIAL SPECIAL DEPOSITS 8110 9965 GENERAL 1003 THE ABOVE AMOUNT COVERS: K:v_ _.vER:_. Ss SS TOTAL 1,100.00 RECEIPTOF ABOVE AM NT IS HEREBY ACKNOWLEDGED. w 2 ,lei, OEPU Y COUNTY AUDITOR DEPUTY COUNTY TREASURER I 1 1 COUNTY DEPARTMENT RESPONSIBLE FOR ABOVE CASH COLLECTIONS lD 34 REV.1-66 100,0001 No 76207 'A/�/1 A ISEE COUNTY ADMINISTRATOR'S BULLETIN 1071. 1 b�• 7 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA December 28 , 1971 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 38623, Danville Area ) Deposit: $500 ) Auditor's Permit No. 81320 ) Dated April 7, 1970 ) Refund to: ) Consolidated Companies ) 1630 Newell Avenue ) Walnut Creek, California 94596 ) On November 17, 1970 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 28th day of December , 1971 W. T. PAASCH, CLERK cc : Public Works (2) Subdivider Deputy Clerk Mildred 0. Ballard s In the Board of Supervisors of Contra Costa County, State of California April 20 19 .71 In the Matter of Authorizing Refund of Cash Deposit for Sign Installation_ in Subdivision 3862, Danville Area. The Board having accepted as complete, with the exception of the installation of a street name sign (for which a $50 cash bond has been deposited to insure installation), construction of improvements in Subdivision 3862, Danville area; and The Public Works Director having,.reported that the street name sign installation has now been completed; I30Ir11 THEREFORE, on motion of Supervisor A. M. Dias, seconded by Supervisor J. E. Moriarty, IT IS BY THE BOARD ORDERED that the Public Works Director is AUTHORIZED to refund to Gallagher E- Burk, Inc.,344 High Street, Oakland, California, 94601, the $50 cash deposit as evidenced by Auditor's Deposit Permit Number 84927 dated September ltd, 1970. The foregoing order was passed by the following vote of the Board: AYES: Supervisors A. M. Dias, J. E. Moriarty, W. N. Boggess , E. A. Linscheid, J. P. Kenny. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order enured on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Public ;forks (2) Supervisors Subdivider affixed .his 20th day of April , 1971 W. T. PAASCH, Clerk By. Deputy Clerk Ruth B. Donovan H 24 8/70 10M I 7 6 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion of ) improvements and declaring cer- tain roads as County roads, ) RESOLUTION NO. 70/764 Subdivision 3862, Danville Area, ) Work Order 6751. ) WHEREAS the Public Works Director having notified this Board that, with the exception of the installation of a street name sign (for which a $50 cash bond has been deposited to insure installation) construction of improvements have been completed in Subdivision 3862, Danville area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; 0 NOW, THEREFORE, BE IT RESOLVED that the improvements in j� the following subdivision have been completed for the purpose of p establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement Tract 3862, Danville area April 14, 1970 (United Pacific Insurance Company - Bond No. B-590067) �. BE IT FURTHrR RESOLVED that the $500 cash bond surety (Auditorls Permit No. 81320 dated April 7, 1970) is RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be County roads of Contra 'Costa County: SHE.RI LANE (40/60.05) CAMBRA COURT (32/50/.04) as shown and dedicated for public use on the map of Subdivision 3862 filed April -l4, 1970 in Book 130 of Maps at Page 3, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 17th day of November, 1970 by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, E. A. Linscheid, T. J. Coll, NOES: None. ABSENT: Supervisor J. E. Moriarty. RESOLUTION NO. 70/764 I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand- and the Seal of the Board of Supervisors affixed this l7th day of november 19L.„ 70 . W. T. PAASCH, CLERK J � By 6d Q Deputy Clerk cc: Recorder Public Works (2) Subdivider RItSOMIOX no 7x/7+64 ' Form # 11.5; 2-69-500 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 3862, Denville Area. RESOLUTION NO. 70/205 } WHEREAS a map entitled Tract 3862 , property located in the , having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1969-1970 tax lion has been paid in full, and the 1970-1971 tax lien, which . became a lion an the first day of March, 1970 is estimated to be $19800; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4. Title 8, of the County Ordinance Code; Surety Bonds issued by United Pacific Insurance Company with Consolidated Companies, a partnership, as principal, as follow t Hoed No. H-590067 in the ana mit of $12,500 for Faithful Perf neume, and $13,OOO for Labor and Materials to guar- antes completion of public road and street improsemrnt8; Cash deposit (Auditor's Permit Number 81320 dated April 7. 1970) in the mount of $500; Tax Hood No. 11-590068 in the amiomt of $2,,800 guare ntse- ing payment of estimated 1970-1971 tax; Inspection fee in the mount of $650; and S Consolidated Companies, 1630 oweli Avenuf, walnut Greeks , subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete road and street improvements, etc., in said subdivision within ono year from the date of said agreement; RESOLUTION NO. 70/205 Form #23 NOW s THEREFORE s BE IT PX-SOLVED that said bonds and d___sposits and the amounts thereof be and the same are hereby APPROVED. BE IT FURTHER RESOIJED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and. this Board doer not accept or reject on behalf of the public any or the streets, roads, avenues or eassimts shown thereon as dedicated to public use. PASSED AND ADOPTED this: 14th day of April , 19-LO-9 by the following vote of the Board; AYES: Supervisors J. P. Eemys A. M. Dias, J. E. Moriarty, B. A. Linscheid, T. J. Coll. NOES; None. ABSENT: None. CERTIFIED COPY I certify that this is a full, true & correct copy of ee; Public Works (2) the original document % hich is on file in my office, Planning .nd that it t,• a.ior,ted by the Board of Subdivider of Crmtr ";uct' Count-;. California, on .'-e date _iliov.n. ATI EF _. %7. T. P 4SCH, county clerk of said Board of Supervisors, -)y deputy clerk. on RES OLUT ION NO.7 0/205 Form 23 !,A 1 -nn PUBLIC WORKS DEPARTMENT VICTOR SAUER CONTRA COSTA COUNTY F P.. BROWN PUBLIC WORK S DIRECTOR CHI[F DEP•ITY PUOLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR, ADMINISTRATION BUILDING MARTINEZ, CALIFORNIA 93553 R. D. BROATCH TELEPHONE 228.3000 DEPUTE' PUBLIC WORKS DIRECTOR April 8, 1970 RECEIVED Subdivision 3862 1970 Honorable Board of Supervisors W. T. P A A S C H Administration Building CLERK BOARD OFFsSSUPERVISORS Martinez, California By�_ tc�t l7",IZ�Oj0JoBput Gentlemen: There is submitted for your approval the map of Subdivision 3862 in Super- visorial District III in the Danville area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is April 14, 1971. 2. A Surety Bond in the amount of $12,500.00 and a $500.00 cash deposit (Auditor's Permit Number 81320 dated April 7, 1970) which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond in the amount of $13,000.00. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1970-71 tax, which became a lien on the first Monday of March, 1970, is estimated to be $1,800.00. 5. Tax Bond in the amount of $1,800.00 guaranteeing payment of estimated 1970-71 tax. The map is submitted for filing by the Western Title Guaranty Company under the provisions of the County Ordinance Code and all requires deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. S ER Public '' D' ec a V• - Cline Assistant Public Works Director RGA:sc Highway Planning cc: Title Company Planning Department Construction Division EMMETT HITCHCOCK EDWARD WLEAL. JR- ASSISTANT COUNTY TREASUREit.TAY COLLECTOR ,- TAX CO{.LECTOR'S OFFICE counrr TREAiuwE R.1AX COLLECTOR PHONI 2:9-- '0 ALFRED P LOMELI E.7 :..1. . :5.14`. 2367 CONTRA COSTA COUNTY TA, OX-. E MANAGER FIRST IISTALL-E%r Or Tu ES FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 DEL%QUE%T DUE ANO PAYABLE ON THE TENT" DAY OF DECEM.E. ON THE FIRST DAY OF NOVEMBER March SECOND INSTALLMENT OF TAXES A'" rch 31, 1970 SECOND INSTALL-CNT OF TAXES OELINOUENT DUE AND PAYABLE ON THE TENTH DAY OF APRIL ON THE FIRST DAY OF FEBRUARY IF THIS TRACT IS NOT FILED BY OCTOBER 31, 1970s TATS LETTER I, NO This will certify that I have examined the map of the proposed subdivision entitled;_ TRACT NO. 3862 ' and have determined from the official tax records that there ars no unpaid County taxes heretofore levied on the property included in the map. The current 1969-70 taut lien has been paid in full. Our estimate of the 1270-71 tax lien, which became a lien on the first day of March, 1970, is $1,8`00,000. E WTT HITCHCOCK Redeaption �ificer By. Deputy dl a SUBDIVISION AGBEE)ENT (§1) Subdivision_: 3862 (§1) Subdivider: ronsnlidatP� Cnmpan�s, a (B. & P. Code §§ZZ6ZZ-Z21 1in _zectiv� acs : -A-pr-i-1 -1-4, 1970—" (Contra Costa County (§1) Completion Periou: one ear Standard Form; 6-67) (§ ) Deposits : A. (cash) "500. B. (bonds , etc. ) l. (faithf ul perf. & maintenance) $ 12.500.00 2. (labor,materials) 13,000.00 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within_ the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429 ; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs. Code §116122 deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (l - FaithfuZ Performance) additional security for at least the above--specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors , and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section. 2; and if, at any time before the County' s resolution of completion for the subdivision, the improvement plan proves to be inadequate in any respect , Subdivi- der shall make changes necessary tc accomplish the :,cork as promised. FILE W. T. PAASCH CLERK sOARD�CFF SUPERVISORS CONTNt C U awa 6. No Waiver by County. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee o" the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and. conditions hereof. ?. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causinE liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subccntrac tor, or any officer, agent or employee of one or more of them; D - Non--Conditions : The promise and agreement In this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this :,Tori or subdivision, or has insurance or other in- demnification covering any of these matters. S. Costs. Subdivider shall pay when due all the costs of the work, inclu3ing inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. 10. Nonperformance and Costs. If Subdivider fails to complete the work and irprovements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys' fees, costs of suit, and all other ex _nses of litigation :incurred by County in connection therewith. 11. Assianment. If before County accepts these improvements, the subdivision is annexed to a city, the County may assign to that city the County's rights under this a--reement and/or any deposit or bond securing them. 12. Record {ay. in consideration hereof, County shall alloir Subdivider to file and record said subdivision map, and recognizes this subdivision as one co.itplying with State lairs and County ordinances. -2- A COUNTY OF CONTRA COSTA SUBDIVIDER: (see note below) By - CONSOLIDATED� C PANIES, a partnership Chairman, Board' f Supervisors By ATTEST: W. T. PAASCH, County Clerk Designate cial capacity in the & ex officio Clerk of the Board business)E t J. Turre, General Partner By -//ZG�tIi�G>CC. Note to Subdivider: (1) Execute Deputy acknowledgment form below; and (2) If a corporation, attach a certified copy of (a) the bylaws FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board County Counsel of Directors, authorizing execution of 4 this contract and of the bonds required hereby. Deputy State of CaLiforrAa ) ss. (Acknowledgment by Corporation, County of Partnership or Individual) On _ �� p�,S 7Q , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above Who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. A'j,"a -�RIC-i4,a g 141, -7ek7.S(-*-7 Notary Public for said County and State (Subdiv. Agrmt• CCC Std. Form) (HP-9; Rev. 9-69; 200) OFFICIAL, SEAL .. , RICHARD W, , ENSEN NOTARYPUBLIC-CALIFORNIA CONTRA COSTA COUNTY • `� Sty commission EfpiresNoy.15,1973 �. 834 Court SL,Martinez. Calif.94553 _ T _ ....... . . BOND 1V0. B-590067 IMPROZ'EMENT SECL-R T TY BOND (FaithfuZ Performance & Maintenance, ARID Labor & i/ateriaZe) (Calif. Bus. & Prof. Code §ZZM; Contra Costa County Standard Form) Z. OBLIGATION. (Principal) CONSOLIDATED COMPANIES, a partnership as Principal, and (Surety) UNITED PACIFIC INSURANCE COMPANY a corporation organized and existing under the laws of the State of WASHINGTON and authorized to transact surety business in California, as Surety , hereby jointly and severally bind ourselves, our heirs , executors , administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintenance) TWELVE THOUSAND FIVE HUNDRED AND NO/100----------Dollars ($ 12,500.00 ) for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials) THIRTEEN THOUSAND AND NO/100---------------------Dollars ($ 13,000-00 ) for the benefit of persons protected under Cal. Bus . &Prof.Code §11612. 2. RECITALS. The Principal contracted with the County on March 25, 1970 to install dnd pay for street, drainage, and other improvements in Subdivi- sion No. 3862 , as per map now being filed with the County's Recorder, and to complete said work within Gn_.gear from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement , and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given. to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and 'holds itself bound without regard to and independently of any action against Principal wherever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on April 9, 1970 PRINCIPAL SURET? CONSALIDATED CONiPANIES a partnership PACIFIC IN5 NCE COMPANY By By Ernest J. Turrn UeneralPartner F, - State of Cal-1fornia ) ss, AMED County of ALA ) (.'Cfr G LEDG•1EAT BY SURETY) On April 9, 1970 the person(s) :chose name(s) is/are s zgned above for Suretyand who is known to ne to be the Attorney(s )-in-_act for this Corporate Si;raty, personally zpreared before me-) and _:llrn tti-Ipdzed to me that he/they signed the name of t:_e Corporation as Surety and—J) o" n na.^: J bond ''� l�_�� BorID NO. B-59oo68 is tr f= SL;�) tSf j 30iTEI AGA T_:ST TA.`KES AT TTIiAT CONSOLIDATED COMPANIES, a partnership , as principal and (Sure .y) UNITED PACIFIC INSURANCE COMPANY a corporation orl,-17-ar'Zed and existins under the lairs of the State of WASHINGTON a:d authorised to transact, surety business in California as surety are held and firmly bound unto -he County of Contra Costa, State of Cali_ornia, in the penal sun or ONE THOUSAND EIGHT H 1NDRFDNIlNQ110Q.-- _-1)ollars (y 1800.00-------- to be paid to the sai3 County of Contra Costa, for the payment of which will and truly to be I-ade, * e ar,1_4 each of us bind ourselves, our heirs, executors, adminis- trators dminis-t ators and successors, Jointly and severally, firmly by these presents. Sealed uitn our seals and dated this 9th day of April , 19 70 . she conditions of t ►I he above obligation is such that WHEREAS the above Sounded principal is about to file a map entitled Subdivision 3862 State of California s s: County of ALAmrnA On April 9, 1970-before me, the undersigned, a Notary Public in and for said County, personally appeared WALTER F MERRTF known to me to be the person whose name is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and and h 15 acknowledged to me that—he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, _ . own name as Attorney-in-Fact. lnnn/nu/uu{t/utt/tutte:memo still u!_t ROSE GONZALES NOTARY PUBLIC – 1 `, sem ALAh1EDA COUNTY.CALIF. _ ' My Commission expires 19 Fxpires Oct.25.It' ROSE GION�11I-5 public in and fo said County B-2004 California - Jurat (Attomey-in-Fact Acknowledgment) Rev- 1-65 3c_-no.rledS4mznt WALTER F. MELE, ATTORNEY-IN-FACT ( y surety) IFIL E D LCLEIK � 7dt? T. PAASCHsOOitRD Cf SUPERVISOR�iTvaA�C'T • s State of California / ss: County of ALAMEDA 11 On April 9, W70, before me, the undersigned, a Notary Public in and for said County, personally appeared WALTER F. MERM known to me to be the person whose name is subscribed to the within instrument as Attorney-in-Foct of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that-he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h i own name as Attorney-in-Fact. �ttltlffnpt7tti77tlSttftifla:llS;Ice t lttl lot 9t ROSE GO`N•_'ALES NOTARY PUBLIC r,. A1AhiEDA COUNTY,CALIF. ... -------- My U My Commission expires 19 p!i,Cn.Y7r,;e�.inn ''N2% Public in and fo said County Expires Oct.25,29A3 ROSE G B-2004 California - Jurat (Attomey-in-Fact Acknowledgment) Rev- 1.65 P-remium char ,aL -:,is bora BOND NO. B-590068 is t e sun bf ` -r.. '_-L�.._ . ..._ , 30?T AG-AT"-,ST TA--.:ES 1=1*1 ALL :•.moi': BY =S--P =-St Z TJ: Tti:�`�' CONSOLIDATED COMPANIES, a partnership , as prir:cipa_ an:: (Sura;y) UNITED PACIFIC INSURANCE COMPANY a corporation or;;ar•'zed and existing under the lairs of the State of WASHINGTON and aut'r_orized to transact surety business in California as surety are held and firmly bouna- unto the County of Contra Costa, State of Calif ornia, in t:�e pens? sun of ONE THOUSAND EIGHT HUNDREDANnmo/l on--- ' ____-Dollars 0 1800.00------------a, to be paid to the sail Cownty of Contra Costa, for the payment of which• will and truly to be wade, We arxd each of us bind ourselves, our heirs, executors, adm nis- Orators and successors, Jointly and severally, firmly by these presents. Sealed with our seals and dated this 9th day of April , 19 70 One conditions of the above obligation is such that tTh'EREASA the above 'pounded principal is about to file a map entitled Subdivision 3862 and cove_in,; a sub::ivizion of a tract of land in said - _nty of Contra Costa, and .-:.eye are certain liens for taxes and speciui assessments collec ,au as ta_�es, aSainst the said Tract of land covered by sai man, ,;.0hi-h axes ana spacial assessments collected as toes, are not as yet due or payable. if the sat d Principal shall pay all 31 t".--e ta-xes anti snecia'1_ assessns collected as tat ea whilch a_7_ a 1-1en against said tract of land covered by said nap, at 1 e time of the filin- of said map of said Tract, then this oblisatio_, shall :,e void and of no effect. Otherwise it shall re- main in fu71 orc an-' effect. Ernest J. re Principal / Ey: 3c__no3'r?e45e:zznt Ipp- WALTER F. MELE, ATTORNEY-IN-FACT (3y surety) LLED W. T. PAASCHC�RKdpCf SUPEJvCOUN a IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA June 22 1971 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 3866, Rheem Area, ) Deposit: $500 ) Auditor's Permit No. 74926 ) Dated June 26, 1969 ) Refund to: Gallagher and Burk,Inc.) 31[4 High Street ) Oakland., California ) 1 On *. v o lq70 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above . I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 22nd day of June , 197 1 W. T. PAASCH, CLERK cc: Public Works (2) Subdivider �'�-G-�' �J ByDeputy Clerk Ruth 13. Donovan 4 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain roads as County ) RESOLUTION NO. 70/288 roads , Subdivision 3866, ) Rha om Aroa, Work Order 674 0. ) 0 • WH7EREAS the Public Works Director having notified this p Board that the construction of +' improvements have been completed in Subdivision 3866, Rhoem, b.o area, as provided in the agreement heretofore executed by this s Board in conjunction with the filing of the subdivision map; v NOW, THEREFORE, BE IT RESOLVED that the improvements in the p following subdivision have been completed for the purpose of o,o establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: C Subdivision Date of Agreement r1*4 � ,o Tract 3866, Rheum area July 8., -1969 N ti (United Pacific Insurance Company - Bond No. B-596913) '� • BE IT FURTHER RESOLVED that the $500 cash deposit as surety v (Auditor's Receipt No. 74926 dated June 26, 1969 ) be RETAINED for one year pursuant to the requirements of Col . , Section 8429(b) of the Ordinance Code as amended. �e BE IT FURTHER RESOLVED that the hereinafter described roads, a x having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same aro accepted and declared to be County roads of Contra Costa County: ASCOT DRIVE 36/56/0.24 ASCOT PLACE 32/52/0.05 as shown and dedicated for public use on the map of Subdivision 3866 filed July 10, 1969 in Book 127 of Maps at Page 5, Official Records. of Contra Costa County, State of California. PASSED AND ADOPTED this 19th day of May , 1970 , by the following vote of the Board: _ AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, B. A. Linsebsid, T. J. Coll. -NOES: None. ABSENT: done. RESOLUTION NO. 70/288 I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution. entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 19th day of _ May 9 LO W. T. PAASCH, CLERK By z Mildred 0. Ballard Deputy Clerk cc: Recorder Public Works (2) Subdivider RESOLUTION 80. 70/288 Form #11.5, 2-69-500 } IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of 'Completion ) of improvements and declaring ) certain roads as County ) RESOLUTION NO. 70/288 roads, Subdivision 3866, ) Rheem Area, Work Order 6740. ) } WHEREAS the Public Works Director having notified this Board that the construction of improvements have been completed in Subdivision 3866, Rheem area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement Tract 3866, Rheem area July 8, 1969 (United Pacific Insurance Company - Bond No. B-596943) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 79126 dated June 26, 1969 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be County roads of Contra Costa County: ASCOT DRIVE 36/56/0.24 ASCOT PLACE 32/52/0.05 as shown and dedicated for public use on the map of Subdivision 3866 filed July 10, 1969 in Book 127 or Maps at Page 5, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 19th day of May 1970 , by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, E. A. Linscheid, T. J. Coll, NOES: None. ABSENT: None. RESOLUTION NO. 70/288 i I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 19th day of May W. T. PAASCH, CLERK By4( . Mildred 0. Ballard Deputy Clerk cc: Recorder Public Yorks (2) Subdivider AB80IAMON NO- 70/288 Form #11.5; 2-69-500 In the Board of Supervisors of Contra Costa County, State of California May 12 19.70 In the Matter of Exoneration of Tax Bond on Tract 3F66 , Moraga Area. The Office of the County Tax Collector having.advised that -aunty taxes for the fiscal year 1969-1970 on property included in ,Tact 3F66 located in the 114oraga area, have been paid in full, and said office having requested that the tax bond filed with this office guaranteeing payment of the 1969-1970 tax lien be exonerated; Now, THEREFORE, on motion of Supervisor J. P. Kenny, seconded by Supervisor J. E. Moriarty, IT IS BY THE BOARD ORDERED that tax bond No. B-596%41 in the amount of $700 issued by United. Pacific Insur- ance Company, with Gallagher & Burk, Inc. , a limited partnership, as principal, be EXONERATED. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, J. E. Moriarty, E. A. Linscheid , T. J. Coll. "NOES: None. ABSENT: Supervisor A. M. Dias. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the dote aforesaid. c c: Ta:: Collector Witness my hand and the Seal of the Board of :irption Officer Supery;sons icor affixed .his 12th day of :'lay , 19 T) Un led Pacific Insurance W. T. PAASCH, Clerk .or-:oanr R By Deputy Clerk liana Ingr am H 24 12/69- IOM t TO County Clerk _ _DATE Vl[ay.lv 1970 FROM County Tax Collector SUBJECT Tracts 3864 and 3866 The 1969-70 taxes have been paid in full on the properties included in Tracts 3864 and 3866 9 and we hereby request that the bonds be- exonerated. SIGNED C't' �� •�•�� PLEASE EPLY HERE TO DATE RECEIVED ?',ICY J 1970, W. T. PAASCH CLERK BOARD OF SUPERVISORS T COSTA CO. BY ..._ .. ........................ Deputy SIGNED INSTRUCTIONS — FILL IN TOP PORTION, REMOVE DUPLICATE (YELLOW) AND FOR- WARD REMAINING PARTS WITH CARBONS, TO REPLY, FILL IN LOWER PORTION AND SNAP OUT CARBONS. RETAIN TRIPLICATE (PINK) AND RETURN ORIGINAL. room M101 UNITED PACIFIC INSURANCE GROUP SAN FRANCISCO BRANCH:351 CALIFORNIA STREET • SAN FRANCISCO. CALIFORNIA 941U Walter T. Paasch, County Clerk Clerk of the Board RECEIVED Contra Costa County Room 103, Administration Bldg. Box 911 IV,AYi' 1970 Martinez, California 94553 W. T. P A A S C H CLE5K BOARD OF SUPERVISORS ONTRA OSTA CO. By Depot Dear Sir: RE: SUBDIVISION TAX BOND NO. B-596944 GALIAGHER & BURK, INC. This Company surety on the captioned bond, executed on or about 6/24/69 in connection with Subdivision No. 3866 We would appreciate it if you would advise us whether or not these taxes have been paid and our bond exonerated. A stamped self-addressed envelope is enclosed for your convenience in replying. Yours very truly, UNITED PACIFIC INSURANCE COMPANY By�>Z A�' _An BOND DEPARTMENT • UNITED PAC!FIC INSURANCE COMPANY UNITED PACIFIC LIFE INSURANCE COP.IPANY • CASCADE INSURANCE COMPANY UNI-PAC CORPORATION r I i In the Board of Supervisors of Contra Costa County, State of California Augmt 5 , 1� 69 In the Matter of Authorizing Acceptance of ' Consent to Dedication of Public Roads. Subdivision 38669 Rheem Area. , On notion of Supervisor A. it. Dias, seconded by Supervisor T. J. Coll, IT IS BY THE BOARD ORDERED that a Consent to Dedication of Public Roads dated July 8, 19691, is accepted for recordation from East Bay Municipal Utility Distriet, required as a condition of fil- ing final nap for Subdivision 38669 Rheen area. The foregoing order was posed by the following rote of the Boards AYESs Supervisors J. P. Kenny, A. M. Dias, T. J. Coll, T. A. Linsehsid, J. E. Moriarty. NOES: None, ABSMs XO o 1 hereby certify that the foregoing is a true and emeed copy of an order erN- on the mbwles of said Board of Supervisors on the dote aforesaid. Witness my hand and the Sed of the Board of Supervisors affixed this 5th day of August , 19 69 W. T. fiAASCH, Clerk ccs Public Works (2) By Deputy Clerk Administrator Ame M. Me3orley N 2t-s/d!-�dl1 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIMNIA In the Matter of Approval ) of Subdivision Map of ) Tract 3866, Moraga Area. RESOLUTION 10. 69/431 ) WHEREAS a map entitled Tract 3866 , property located in the moragn Agen , having been presented to this Board for approval, said map haw ng been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property • included in the map, and that the current 1968-1969 tax lien has been paid in full, and that the 1969-1970 tax lien, which became a lien on the First of March, 1969, is estimated to be $700; and Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the caapletion of road and street improv ments as required by Division 4, Title 8, of the County Ordinance Code; Surety bonds issued by United Pacific Insurance Company with Gallagher & Burk, Inc. , as principal, as follows: No. B-596943 in the amount of $50,000 for Faithful Performance, and $50,500 for Labor and Materials; No. B-596944 in the amount of $700 guaranteeing paynent of estimated 1969-1970 tax; Cash deposit (Auditor's Deposit Permit No. 74926 dated June 26, 1969) in the amount of $500; and Inspection Fee in the amount of $2,525• Subdivision agreement between Gallagher & Burk, Inc. subdivider and the County or Contra Costa, wherein .said sub- divider agrees to complete road and street improvensnta, etc., in said subdivision within _one year frau the date of said agreement; RESOLUTION N0. 69/431 Form #F23 NOW, THEREFORE, BE IT RE.gOLVED that said bond_p and deposits and the amounts thereof be and the same are hereby APPROVED. BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same Is hereby APPROVED and. this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements shown thereon as dedicated to public use. PASSED AND ADOPTED this = day of Juli , 19119 by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, T. J. Coll, J. E. Moriarty. NOW: None. ABSENT: Supervisor E. A. Linacheid. CERTIFIED COPY I certify that this is a full, true & correct copy c" the original document xvhich is on file in my offic:.. and that it was tea^sed & adonted by the Boar;' :; Supervisors of Contra Costa County, Cslifornia. r,, CC: Public Works (2) the date shown. ATTEST: W. T. PAASCH, counA.: Subdivider clerk&ex-officio clerk of said Board of Supervisors, by deputy clerk. �Ghcr�%l-�C on RF..gOLUTION N0. 69/431 Ford 23 68-6-200 : • ® PUBLIC WORKS DEPARTMENT • VICTOR W. SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR July 7. 1969 RECEIVED Subdivision 3866 W. T. PAGICH Honorable Board of .Supervisors CLERK BOARD OA SUPERVISORS Administration Building . NT ,�A CC: Martinez, California L QDeputy Gentlemen: There is submitted for your approval the map of Subdivision 3866 in Supervisorial District III in the Moraga area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is July 8, 1970. L 2. A Surety Bond in the amount of $50,000 and a $500 cash deposit (Auditor's Deposit Permit No. 74926 dated June 26, 1969) which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. ✓ 3• Labor and Materials Bond in the amount of $50,500. ` 4. Letter from Tax Collector's Office stating that there are no unpaid County tars on the property, and that the 1970 tax, which became a lien on the Hirst Monday of March 1969 is estimated to be $700. 5. Tax Bond in the amount of $700 guaranteeing payment of estimated 1970 tax. The map is submitted for tiling by the Western Title Guaranty Oom>pany under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. Public L�{e V. L. ne Assistant Public Works Director JP:sc Highway Planning cc: Title Company Planning Department Construction Division IK' I(1 !.t SUBDIVISION AGREEMENT (§1) Subdivision: �8fi6 (B. & P. Code §§ZZ6ZZ-12) (§1) Subdivider: A 1 Ef eco e ate : u y , 19 9 (Contra Costa County (§1) Completion Period: on- Year- Standard Form; 8-67) (§4) Deposits : A. (cash) B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ 509000 2. (labor,materials)$ 50,500 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments , and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security : Deposit & Bonds. Upon executing this Agreement , Subdivider shall, pursuant to Bus. & Profs. Code §116125 deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (t - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit, a certified or cashier' s check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section 2; and if, at any time before the County's resolution of completion for the subdivision, the improvement plan proves to be inadequate in any respect, SubdiV - _..._, der shall make changes necessary to accomplish the work as promised. F L Fix. D !. T. AASCH CuRK nOAao cf su�e�°�scas -'''�)CQN RA C 7 COUNITY rY A CeDwy L M 6. No Waiver by County. Inspedtion of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement , or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters . 8. Costs. Subdivider shall pay when due all the costs of the work, inclu3lng inspections thereof and relocating existing utilities re- quired thereby. 8. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. It. Assignment. If before County accepts these improvements, the subdivision is-annexed to a city, the County may assign to that city the County' s rights under this agreement and/or any deposit or bond securing them. 12. Record Map. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances . -2- COUNTY OF CONTRA COSTA SUBDIVIDER: (see note below) By Ga A la er & Burk Inc. C irman, Board olf Supervisors �-- By -- ATTEST: W. T. PAASCH, County Clerk (Des ,"gnate o fie al c acity & ex officio Clerk of the Board in i;he; b�usin ss)JdHt4 �CEPR �p By tta&j/�_oA�f' N'o_t to Subdivider: M. Execute Deputy acknow a gment form below; and (2) If a corporation, attach a certified copy of (a) the by- FORM APPROVED: JOHN A. NEJEDLY laws or (b) the resolution of District Attorney the Board of Directors, authori- 11 - ' zing execution of this contract By and of the bonds required hereby. Deputy State of California ) ss. (Acknowledgment by Corporation, County of Alameda ) Partnership or Individual) On June 24, 1969 , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument , and ac- knowledged to me that he executed it and that the corporation or partner- ship named above executed it. thy F. Davies, tart' blie ary Public or said County and ate m::�rs (Subdiv. Agrmt. CCC Std. Form) aan Expires bruary 20,197X M (8P-9; Rev. 8-67; 200) -3' "': C)°0Tii'! E. I AVIES AMMEUA CO..CALIFORNIA ` OM1:fii::Si1[SLliYtllgi:1111111514 . Bond No. .B-596943 Premium $505.00 IMPROVE.'iEN SECURIfiY BOND (Faithful Performance & laintenance, AND Labor & Materials) (Calif. Bus. & Prof. Code §ZZ612; Contra Costa County Standard Form) Z. OBLIGATION. (Principal) Gallagher & Burk, Inc. , a corporation as Principal, and rsure,y7 UNITED PACIFIC INSURANCE COMPANY a corporation organized and existing under the laws of the State of California and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintenance) FIFTY THOUSAND AND NO/100 - - - - - - - - - - - Dollars ($ 50,000.00 for itself or any City-assignee under the below-citeO subdivision contract, plus (B - Labor & Materials ) FIFTY THOUSAND FIVE HUNDRED AND N0/100 - - Dollars ( 50,500.00 for the benefit of persons protected under Cal. Bus. &Prof.Code 11612 . 2. RECITALS. The Principal contracted with the County on to Install and pay for street, drainage, and other improvements in Subdivi- sion No. 3866 , as per map now being filed with the County's Recorder, and to complete said work within one year from said date, all in accordance with State and local lairs, rulings thereunder and the subdivision contract . 3. CONDITION. If the Principal faithfully performs all things required of him according- to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section i-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819 , and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on June 24. 1969 PRINCIPAL SURETY � Gal!'a� ,fir & Bur Inc. , a corporation IT FIC URANCE COMPANY By JO N T. HE EY CE ESI Eh John R. Lamberson, Attorney-in-Fact S ,Eike Odt California ss o 14ty of San Francisco ) (ACKNO;tLEDGPfENT B7 SURETY) Oil June 24. 1969 the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorneys)-in-Fact for this Corporate Surety, peg-sonally appeared before me and acknowledged to me that he/they name of the Corporation as Surety signed the nnd his/their own name(s) as its Attorney(s)-in-Fact. Beverly TerryMy Cor^i._.�� Oxy ir_. i3, 1371 Notary Public for TS , County and State (Imp. Sec. Bond, CCC Std."'O2',;:) •o•o♦o•oeee••ee••••••••• (11P-Z 5;Rc v. 8-67; 20a) BEVERLY TERRY • flotary Public • City&Co.of San Francisco • State of California ACTION OF TIME BOARD OF DIRECTORS OF Gallagher & Burk, Inc. , A- CORFORJATIOP:, TAKEN WITHOUT A i�iETING The undersigned being all of the Directors of Gallagher & Burk, Inc. , a corporation., do hereby unanimously consent to the adoption of the following resolution: RESOLVED, That JOHN T. TEAFEY VicP,r President of this corporation be, area he hereby is, authorized to enter into on behalf of' this corporation, a subdivision agreement with the County of Contra Costa covering Subdivision 3866 and to execute a perfortr_ance tend, labor and materials bond and tax bond, in connection therewith, together with such other documents and instruments as may be incident thereto . DATED: June 239 1968 f �• T. FAFEYJ !G. A P. FOSTER CERTIFICATE OF SECREET'ARY I, E. J. G UAGSecretary of GALLAGHER EURK, Ric, a corporation, do hereby certify and declare that the foregoing is a full, true and correct copy of a resolution adopted by action taken by unanimous written consent of the board of directors without a meeting, dated JVIrE 23, 1969 , and that the By-LaL:s of this corporation authorized the directors to so act; and that said resolution is now in full force and effect. In testimony whereof, I have hereunto set my hand and affixed the ' corporate seal of said corporation this 23rd day of June , 1969 e etary y J. Galla-her (Affix corporate seal) EMMETT HITCHCOCK ALFRED P. LOMELI COUNTY TREASURER.TAX COLLECTOR OFFICE MANAGER TAX COLLECTOR'S OFFICE PHONE 228.3000 EXT. 2384.2385.2386 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 FIRST INSTALLMENT OF TAXES DUE AND PAYABLE L DELINQUENT ON THE FIRST DAY OF NOVEMBER J1asM l6 1969 ON THE TENTH DAY OF DECEMBER SECOND INSTALLMENT OF TAXES SECOND INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF APRIL IF :HIS TWT IS NOT FILED BY OCTOBER 31, 1969, TRIS IXTPER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 3866 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1968-69 tax lien has been paid in full. Our estimate o?—t7e- 1969-70 tax lien, which became a lien on the first Mo of Wa ch,1969 , is $ 700800 IIS= HITCHCOCK Redemption Of or By: y dl 4 : Bond No. B-596944, - Premium $10.00 BOND AGAINST TAXES ALL I-= BY ^HESE PRESENTS: THAT Gallagher & Burk, Inc. as principal and (Surety) UNITED PACIFIC INSURANCE COMPANY a corporation organized and existing under the lairs of the State of California and authorized to transact surety business in California as surety are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of �TZIZZPI u 114T) T;'1) AND NO/100 - - - - - - - - - - - - - - - Dollars ( 700.00 - - - - - - - -), to be paid to the said County of Contra Costa, for the payment of which will and truly to be made, tine and each of us bind ourselves, our heirs, executors, adminis- trators and successors, jointly and severally, firmly by these presents. Sealed with our seals and dated this 24th day of June , 19 69 The conditions of the above obligation is such that WHEREAS, the above bounded principal is about to file a map entitled Subdivision 3866 and coverin a sub-ivision of a tract of land in said County of Contra Costa, and there are certain liens for tastes and special assessments collected as ;,a::es, aZainst the said Tract of land covered by said map, ::rich taxes an-' special assessments collected as taxes, are not as yet :sue or payable. Noll', ^I"PWORL, ii the said Principal shall pay all of t e taxes and special assessments collectedas ta..es which are a lien asainst said tract of lana covered by said reap, at the time of the Pilin" of said—flan of said Tract, then this obligation shall be void and of no." .L vt. , Otherwise it shall re- main in full force an:: effect. G�tLLAG_ E . fiURK, IPI State of California U ' BEVERLY TERRY i • Notary Public City and ss: • City&Co,c(San FranciscoCounty of sen grz=cisco State of California On June 24, W69, before me, the undersigned, a Notary Public in and for said County, personally appeared John R. Lamberson known to me to be the person whose name is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that-he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and It iS own name as Attorney-in-Fact. My Commission expires September 13, 1971 19, y y BEVERLY TERRY. Notary P and /r/s Count B-2004 California - Jurat (Attomey-in-Fact Acknowledgment) iter. 1-65 N IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA April 11 197 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 3869, San Ramon Area ) Deposit: $500 ) Auditor's Permit No. 77054 ) Dated October 1, 1969 ) Refund to: ) Carl Homes ) P. 0. Box 146 ) San Ramon, California 94583 ) On March 9 1971 this Board resolved that the improvements in the above -named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above . I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 11th day of Aril , 197 2 cc: Public Works (2) W. T. PAASCH, CLERK Subdividerj' Deputy Clerk Mildred 0. Ballard S IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain roads as County ) RESOLUTION NO. 71/1,51 roads, Subdivision 3869, ) Danville Area. ) WHEREAS the Public Works Director having notified this Board that construction of improvements have been completed in Subdivision 3869, Danville area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 3869, Danville area October 7, 1969 (United Pacific Insurance Company - Bond No, 8 597335) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 77051 dated October 1. 1969 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads , having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same We accepted and declared to be County road_@ of Contra Costa County: DOS RIOS DRIVE (56/36/.25) MARSH COURT (52/32/.04) CAROUSEL COURT (52/32/.03) CARAVAN PLACE (52/32/.05) CAROUSEL PLACE (52/32/.18) NORRIS COURT (52/32/.16) MARSH DRIVE (56/36/.30) PION$ER COURT (52/32/.05) MARSH PLACE (52/32/.09) NORRIS CANYON ROAD WIDENING as shown and dedicated for public use on the map of Subdivision 3869 filed October 240 1969 in Book 128 of Maps at Page 34i Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 9th day of March , 1971 , by the following vote of the Board: AYES: Supervisors A. N.Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, J. P. Kenny. NOES: None. CERTIFIED COPS' ABSENT: Norte. I ce"Ify that this is a Pull, true & ccrrect cop_; the or;,,n e! c ,:usn:rit ..... .r ;s on file >.n my offiCIL., a(:oi)ted by t:: 1 oard + t cour:ty, :7. T. PAASC'f, co=: ce• Recorder of said board of SupcnLos, Public Works RESOLUTION NO. 71/151 Subdivider 1 v, _�on In the Board of Supervisors of Contra Costa County, State of California September 29 , 19',ZQ In the Matter of Approval of Subdivision Agreement Extension for Subdivision 3869, San Ramon Area. On motion of Supervisor J. E. Moriarty, seconded by Supervisor E. A. Linscheid, IT IS 3Y THE BOARD ORDERED that the Subdivision Agreement Extension for Subdivision 3869, San Ramon area, Dame ' Construction Company, Inc. , Successor by merger to Fiat Land Development Company, Subdivider, United Pacific Insurance Company, bondsman, and the County of Contra Costa for an additional period to and including December 7, 1970• is APPROVED. IT IS BY THE BOARD FURTHER ORDERED that Supervisor Thomas John Coll, Chairman, is AUTHORIZED to execute said Subdivision Agreement Extension on behalf of the county. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, E. A. Linscheid, T. J. Coll, NOES: None . ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed .his 2.9 •'rz�.day ofsep•tembeZ 197D_ cc: Public Works (2 ) _ W. T. PAASCH, Clerk Subdivider (via P.W. ) y C;��c� l , Deputy Clerk B Planning �/ Z c 1-e't 1��, Anne M. 14cSorley / H 24 12/69- 10M TO 447 C l Individual O STATE OF CALIFORNIA COUNTY OF Contra Costa On Sept. 22, 1970 before me, the undersigned. a Notary Public in and for said State, personally appeared Carl D• Dame W K W I ' W _j "sown t0 me Io he the person whose name is suhscribed ti a to the within instrument and acknowledged that executed the same, WITNESS my hand and official seal. M. E. O'STEEN �7 �� NOTARY PUBLIC-CALIFORNIA Signatur_�LerL,,[ .1�e::L /7 ,.y _ i COUNTY OF CONTRA COSTA FP ii if 15 M. E. O'Steen PAv Commission Expires February 23. 1971 Name (Typed or Printed) ■■ (This area for*Octal notarial seal A SUBDIVISION AGREEMENT EXTENSION Contra Costa Subdivision Number . 3869 Name : Twin Creeks, Unit #2 (Ori gi nal) Agreement Date . 7 October 1969 Suretz Name . United Pacific Ins. Co. Bond No. : B597335 Amount : $232,000.00 Date . 7 October 1969 Extension Mew termination Date 7 December 1970 This Subdivider and his Suretv desire that this subdivision agreement be extended through the above date; and Contra Costa County and the Surety hereby agree thereto and acknowledge same. Dame' Construction Company, Inc. Successor by merger to , Dated- al September 19D Mie IRA (TjS'*A CCU-111Y /0 Subdivider IFIC CE CONPMIY Chairman, Boa7upervisors .17.1 ., H. eget --- .Surety Attorney in fact A'l I SI W. 1. :A.SC'?, Cor:nt:- 1:7 erk and ex office o '"lark of the Board Deputy St-?S;,ZD=?'S t,VD S". Y'S SIGNAITJRES TO BE NOTART?ED) 14P-1-6 (Rev. 7_410' State of California ss: County of Cbntra Costa 1n September 22 19-70 before me, the undersigned, a Notary Public in and for said County, personally ppeared George H. Krueeer known to me to be the person ++hose name is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that_he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h--y;, .wn name as Attorney-in-Fact. i OFFICIAL SEAL ANN KRUEGER NO PUB CONTRA COSTA COUNTY My Commission Expires May 20, 1973 Q AJ .y Commission expire , Notary Public in and for said Caur.r 2004 California - Jurat (Attomey-in-Fact Acknowledgment) Rev. 1-65 I i IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdij $i San gamofn Area ) 69/706 Tract 3 � � RESOLUTION N0. WHEREAS a map entitled Tract 3869 , property located in the San Ramon area , having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore lei� 6gn6 �ar��santy included in the map and that the current has been paid in full; and that the 1969-70 tax lien, which became a lien on the first day of March 19699 is estimated to be *6.000; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4. Title 8, of the County Ordinance Code; Surety bonds issued by United Pacific Insurance Company with Cari Homes, Inc., a �`alifornis Corporation, as principal, as follows: Bond No. B 597335 in the amount of 1232.000 for Labor and Materials and $231,500 for Faithful Performance , and cash deposit (Auditor's Receipt No. 77054 dated October 1. 1969) guaranteeing completion of road and street improvements as required by the County Ordinance Code as amended; Tax Bond No. B 597334 in the amount of $6,000 guaranteeing payment of estimated 2969-70 tax; Inspection Fee in the amount of 811.555; Cali:�i'�► .�; �. �P.t '3Cari Homes, Inc., • O e Cnn Aosnn_ [`�ltfotwf�a_ subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete rW and street improvements, etc., in said subdivision within 7ys r from the date of said agreement; RESOLUTION NO. 69/7106 Form #23 NON9 THEREFORE9 BE IT RESOLVED that said bond, and d~uosits and the amounts thereof be and the same are here y APPROVED. BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Hoard does not accept or reject on behalf of the public any of the streets, roads, avenues, or easements shown thereon as dedicated to public use. PASSED AND ADOPTED this: 23rd day. of October , 19 69 , by the following vote of the Board; RYES: Supervisors J. P. Kenny, T. J. Coll, E. A. Linscheid. NOES: None. ABSENT: Supervisors A. M. Dias, J. E. Moriarty. ca: Subdivider CF,RTII+'�M COPY Public Works (2) I certify that t ii a f:'".. t~t:^ F correct copy or the or:,gina! �'r, , r,:, r:%, in m"* office. andth:it , count; in by deputy elc:k. RESOLUTION N0. 69/706 Form 23 6q_F,_Inn ,f SUBDIVISION AGREEMENT (§1) Subdivision: 3869 (§1) Subdivider: ari omes, nc. (B. & P. Code §§ZZ6ZZ-Z2) 1 Effective Date : i ARRWG� 9 (Contra Costa County (§1) Completion Period: 1 Year Standard Form; 8-67) (§4) Deposits : A. (cash) 500. B. (bonds, etc. ) 1. (faithful pert. & maintenance) $231,500.00 2. (labor,materials) 232,000.00 Z. Parties & Date. -Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs , fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . B. Bonds, etc. : (l - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance; Plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors , and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. - 5. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section 2; and if, at any time before the County's resolution of completion for the subdivision, the improvement plan proves to be inadequate in any respect, Subdivi- der shall make changes necessary to accomplish the work as promised. -1- F I LED �r a M T. PAASCH CIE" Dom C/ AUKRVIS©RS ONTRA CO TA 0 NTY Cy _ Deputy 6. No Waiver by County. Inspection of the work and/or materials , or approval of wor and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards, commissions, officers, agents and employees; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 8. Costs. Subdivider shall pay when due all the costs of the work, inclU ing inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. 10. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit , and all other expenses of litigation incurred by County in connection therewith. M Assignment. If before County accepts these improvements, the subdiv sion is annexed to a city, the County may assign to that city the County' s rights under this agreement and/or any deposit or bond securing them. 12. Record Mazy. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances. -2- u COUNTY OF CONTRA COSTA SUBDIVIDER: (see note below) By CARI HOMES , INC. Cp6irman, Board oVSupervisors (s ali /r�n�ia orporationl By /lY ATTEST: W. T. PAASCH, County Clerk (D eignate official capacity & ex officio Clerk of the Board in the business) Carl D. Dame ' v President By ee �i�c Note to Subdivider: (Z) Execute Deputy ac now a gment form below; and (2) If a corporation, attach a certified copy of (a) the by- FORM APPROVED: JOHN A. NEJEDLY lams or (b) the resolution of District ttorn the Board of Directors, authori- zing execution of this contract By and of the bonds required hereby. Deputy State of California ) ss. (Acknowledgment by Corporation, County of Alameda ) Partnership or Individual) On September 22, 1969 , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and ac- knowledged to me that he executed it and that the corporation or partner- ship named above executed it. C�/TEESE,[[,I[[[Elpq[,I[Tlt[[Iltt,[ul„ittit,gill,[sari FRANK T. SERONELLO OFFiCLxl, % aL l FRANK T. SERO,i_ELLO r± NOTARY PUBLIC-CALIFOR111.4 / �. _,. ALAi`dfDA COUi1TY UyCocnassionExpires Apr. 15. 1973 = Notary Public for said County and gta:te (Subdiv. Agrmt. CCC Std. Form) (AP-9; Rev. 8-67; 200) -3_ PUBLIC WORKS DEPARTMENT VICTOR W. SAUER D A F. R. BRON PUBLIC WORKS DIRECTOR CONTRA COSTA COUNTY W CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. O. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR September 6, 1969 Subdivision 3869 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3869 in Supervisorial District III in the San Ramon area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is October 7, 1970. 2. A Surety Bond in the amount of $231,500-00 and a $500-00 cash deposit (Auditor's Receipt No. 77054 dated October 1, 1969) which amounts are required to guarantee completion of road and street improvements as required by the County ordinance Code as amended. 3. Labor and materials Bond in the amount of $232,000-00. 4- Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1969-70 tax, which became a lien on the first Monday of March, 1969, is estimated to be 66,000.00. 5. Tax Bond in the amount of $6,000.00 guaranteeing payment of estimated tax. The map is submitted for filing by the Title Insurance and Trust Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SA R Public Wo D' ec jr V. L. Cline Assistant Public Works Director Highway Planning VLC:sc cc: Title Company Planning Department Construction Division EMMETT HiTCHCOCK _ EDWARD W LEAL. JR COUNTY TREASURER-TAX COLLECTOR ASSISTANT TAX COLLECTOR'S OFFICE COUNTY TREASURER.TAX COLLECTOR Pw ONI 228•` OO ALFRED P LOMELI EXT : ..- , .."•.`, 2387 CONTRA COSTA COUNTY TAX OF--CE MANAGED FIRST INSTALLMENT OF TAXES FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 ORINOU[N7 DUE AND PAYABLE ON THE FIRST DAY OF NOVEMBER ON THE TENTH DAY OF DEC[MB[R SECOND INSTALLMENT OF TAXES July 23, 1969 SECOND INSTALLMENT OF TAXES DELINOUENT DUE AND PAYABLE ON THE TENTH DAY OF APRIL ON THE FIRST DAY OF FEBRUARY IF WIS TRACT IS NOT FILSO BY OC70BER 31, 1961, 7HIS UTM D V= This will certify that I have examined the asap of the proposed subdivision entitled: TRACT NO. 3869 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 196849 tax lion has been paid in full. Our estimate of the tax lien, which became a lien on the first dayof rchi,2k2_, is S 6,000.00 . Hl�T! HITC Redemption Off air By: (Douty) dl Bond No. B 597335 IMPROVEMENT SECURITY BOND Premium: $3;480 (FaithfuZ Performance & Maintenance, AND Labor & Materials) (Calif. Bus. & Prof. Code §ZZ6Z2; Contra Costa County Standard Form) Z. OBLIGATION. (PrinczpaZ) CARI HOMES, INC., a California Corporation as Principal, and ure y uN= PACIFIC INSURANCE commy a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs , executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintenance) Two Hurxb:ed Thirty-ane Thousand Five Hundred and no/100 Dollars ($ 231,500.00 ) for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials) Two HurA red Thirty-two Thousand and no/100 Dollars ($ 232,000.00 ) for the benefit of persons protected under Cal. Bus. &Prof.Codell 12. 2. RECITALS. The Principal contracted with the County on October 7, 1969 to install and pay for street, drainage, and other improvements in Subdivi- sion No. 3869 , as per map now being filed with the County's Recorder, and to complete said work within one year from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. .3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors , subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement , and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the *Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations - without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on October 7, 1969 PRINCIPAL SURETY .CARI , INC., n UNITED - C IN COMPANY By ,�, By State of California ) ss. County of ) (ACKNOWLEDGMENT BY SURETY) On , the persons) :chose name(s) is/are signed above for Surety -and who is known to me to be the Attorneys )-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Surety and his/their own name(s) as its Attorney(s)-in-Fact. Notary Public for said County and State (Imp. Sec. Bond, CCC Std.Form) (BP45;Rev. 6-67; 200) td State of California s s: County of Contra COSta On Octobw 7 11PL before me, the undersigned, a Notary Public in and for said County, personally appeared George H. Yamef?er known to me to be the person whose name is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me thot-he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and hj$,-_ own name as Attorney-in-Fact. OFFICIAL SEAL ANN KRUEGER =04 NOTARI PUBLIC • CALIFORNIA ��.•;;,:,� i F{2{^yGtPAL OFFICE SN CONTRA COSTA COUNTY 93 My Commission upi EX ires May 20, 19 Notary Public in and for id County B-2004 Califomia - Jurat (Attomay-in-Fact Acknowledgment) Rev. I-65 BOND AGAINST TAXES Bond No. B 597334 Premium $60.00 KNOB: ALL MEN BY THESE PRESENTS : THAT CARI HOMES, INC. , a California corporation, as principal and UNITED PACIFIC INSURANCE CO, and as sureties are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of Six Thousand & 00/100 ------ ---------------------------------------- Dollars ( $6 ,000.00 ) to be paid to the said County of Contra Costa, for the payment of which we and each of us bind ourselves, our heirs, executors, adminis- trators, and successors, jointly and severally, firmly by these presents. SEALED with our seals and dated this 7th day of October 19--u—. The conditions of the above obligations are such that ':iHEREAS,, the above bounded principal is about to file a Map entitled "Subdivision 3869 , Twin Creeks Unit No. 2, San Ramon, _ California", and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said Tract of land covered by said Map, which taxes and special assessments collected as taxes, are not as yet due or payable. Now, therefore, if the said Princil2al shall pay all of the taxes and spee'l-al spec'-alassessments collected as taxes which are a lien against said tract of land covered by said Map at the 411me of the i i'irg of said Map of said Tract, then this obligation shall be void and of no effect. Otherwise, it shall remain in full force and effect , CARI HOMES, INC. , UNITED PACIFIC INSURANCE CO. Tirn_a.._ a corpors1,111on By v�-C Carl ame rest ent Surety H. lure,y S�'�':TE: OF CAT �R�"A j Attorney-in-fast GO IRIF Or CONT LI COSTO,, ss and Sureties nameC in "he foregoing bond, being duly sworn, each for zi�nself says : That he is a freeholder and resident within said State and is worth the sa-i_d sum of Dollars, over and above all his debts and alai hies, exclusive o property exempt from execution. Surety ure y Subscribed and sworn to before me this day of 19 F I L E D -3, /f d'p Notary c W. T. PAASCH CLERK DOARD CF SUPERVISORS OUNTV Dy f�IVT COST (�f�( ... Deputy x State of California ss: County of Contra Costa On October 7 19L9 before me, the undersigned, a Notary Public in and for said County, personally appeared George H. Yxueger known to me to 6e the person whose name is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that_he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h 1 own name OFFICIAL SEAL ANN KRUEGER NOTARY PULiUC - CALIFORNIA PRINCIPAL OFFICE IN - CONTRA COSTA COUNTY my Commission Expires May 20, 1973 My Commission expires 19_ Notary Public in and for said N11ty B-2004 California - Jurat (Attomay-in-Fact Acknowledgment) Rev. 1-65 r (CorporatTO ion)orr ation) STATE OF CALIF R1 COUNT) OF SS. p On 9 before me, the undersigned,a Notary Public in and for said State, personally appeared 0=1— D• WS. W known to me to be the President, and a known to me to be Secretary of the corporation that executed the within Instrument. = known to me to be the persons wbo executed the within j instrument on behalf of the corporation therein named, and < acknowled-ed to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal. �; QFICIAL SEAL �a / FREDRICK G. NOPEL Signature r' 1YG'ARY PUBLIC•CAL1;ORNIA '� R' ALAMEDA COUilTY i�—~ My Ct:rritsiaa Fxplres Jun.i 1.1571 w�nrlwx•�w,n Name (Typed or Printed) (This uta for awciai notarial seal) r� RESOLUTION AUTHORIZING EXECUTION OF SUBDIVISIO=d CONTRACT AND BONDS RESOLVED that this corporation shall enter into a Subdivision Contract for Subdivision 3869, TWIN CREEKS UNIT NO . 2 , SAN RAMON , California, with the appropriate officials of the County of Contra Costa, at such time as the officers or any one or more of them shall be satisfied with such contract and the terms, conditions and provisions thereof. RESOLVED FURTHER, that this corporation shall execute and deliver such bonds as are necessary and convenient in conjunction with the development of the Subdivision upon such terms, conditions and provisions as shall be satisfactory to the officers hereof or any one or more of them, and any other miscellaneous fees and docu- ments as required by the County. RESOLVED FURTHER, that any one or more of the officers of this corporation be and they hereby are authorized and directed to execute and deliver for and on behalf of this corporation, as its corporate act and deed, the aforesaid Subdivision contract and bond. I, the undersigned, being the duly elected Secretary of CARI HOMES , INC. , a California corporation , certify , that the foregoing is a true copy of a resolution duly adapted".-by... the Board of Directors of the corporation at a meeting on C CARI HOMES , INC. , a i ornia corporation / By / �iD�l1 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA May 30 , 197 2 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 3870, Bethel Island ) Area ) Deposit: $500 ) Auditor's Permit No. 81098 ) Dated March 30, 1970 ) Refund to: ) Thurman L. Davis ) P. 0. Box 382 ) Brentwood, California 94511 On May 11, 1971 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 30th day of May , 197 2 cc : Public Works (2) W. T. PAASCH, CLERK Subdivider �, t By Deputy Clerk ° Helen C. A/ , Marshall i �ssg RECORDED AT REQUEST OF MAY 18 1971 _&'o,5 MAY 18 71 C KAT "9T/ OSTA M cUUN V, W. T. cOAASCH COUNTY RECORDER 'rCF a IN THE BOARD OF SUPERVISORS OFs �ONTRA COSTA COUNWO STATE OF CALIFORNIA 7 In the Matter of ompletion,,Y` ) of Improvements, Subdivision 3870,) ) (RES'OLUTION NO. 71130 Bethel Island Are // The Public Works Director having notified this Board that construction of improvements have been completed in Subdivision 3870, Bethel Island, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BN IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of estab- lishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 38709 Bethel Island area March 31, 1970 (Industrial Indemnity Company - Bond No. YS 661-4761) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 81098 dated March 30, 1970) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that, in accordance with the Planning Commission's condition of approval of the tentative map, Willow Road West, which was constructed under County inspection, will not be accepted by the County for maintenance; maintenance of said road will be accomplished by County Service Area M-13, which was formed for this purpose. PASSED AND ADOPTED this 11th day of Kay, 1971 by the follow- ,, ' ing vote of the Board: AYES: Supervisors A. K. Dias, J. R. Moriarty, W. N. Boggess, E. A. Linacheid, J. P. Remy. NOES: Bone. ABSENT: Bone. CERTIFIED COPY cc: Recorder I certify that this is a full, true & correct copy Of Public Works (2) the original document which is on file in my office, Subdi vi der and that it ^-as passue &7adorfted by the Board of Sunerv:sora of Contra Costa County, California, on ti:e date shoxm. ATTEST: IV. T. PAASCH, county clerk&ex-officio clerk of said Board of Supervisors, by deputy clerk. R ECEIVED ?�7? PAASCH RESOLDTION N0. 71/307 CO u COVISORS Deputy • FNn nF 00r.11MFNnP4 In the Board of Supervisors of Contra Costa County, State of California AS EX OFFICIO THE BOARD OF DIRECTORS OF CONTRA COSTA COUNTY SANITATION DISTRICT NO. 15 May 11 19'?1 In the Matter of Accepting as Complete Water Supply Facilities, Subdivision 3870, Bethel Island Area. This Board on March 31, 1970 having approved an agreement providing for the construction of a domestic water supply and dis- tribution system to be maintained and operated for the use, benefit and convenience of the residential lots of Subdivision 3870 (Willow Road West) in the Bethel Island area; and The Chief Engineer of Contra Costa County Sanitation Dis- trict No. 15 having reported that said water facilities have been inspecte4 and found to be in compliance with plans and specifica- tions thereof; On the recommendation of the Chief Engineer, and on motion of Supervisor E. A. Linscheid, seconded by Supervisor A. M. Dias , IT IS BY THE BOARD ORDERED that aforesaid facilities are accepted as complete. The foregoing order was passed by the following vote of the Board: AYES: Supervisors A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, J. P. Kenny. NOES: None. ABSENT: -. None. 1 hereby certify that the foregoing is a true and correct copy of on order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Public Works (2) Witness my hand and the Seal of the Board of Sewage, Waste E Water Supervisors Auditor offixed this 1 i th day of Maw 19 _7j- Health Department W. T. PAASCH, Clerk Developer gyi'/Lc L � Do" Cleric Mildred 0. Ballard H 24 12/69- IOM f In the Board of Supervisors of Contra Costa County, State of California AS EX OFFICIO THE BOARD OF DIRECTORS OF CONTRA COSTA COUNTY SANITATION DISTRICT NO. 15 March 31 , 19• 70 M the Hotter of Approval of Agreement for Water Supply Facilities, Subdivision No. 3870, Bethel Island Area. This Board having considered an agreement between Contra Costa County Sanitation District No. 15 and William Boyd and T. L. Davis, said agreement providing for the construction of a domestic water supply and distribution system to be maintained and operated for the use, benefit and convenience of the residen- tial lots of Subdivision 3870 (Willow Road West), Bethel Island area, as more particularly set forth in said agreement; On motion of Supervisor E. A. Linscheid, seconded by Super- visor A. M. Dias, IT IS BY THE BOARD ORDERED that the aforesaid agreement is APPROVED and Supervisor Thomas John Coll, Chairman, is AUTHORIZED to execute same in behalf of the county. Board: The foregoing order was passed by the following vote or the AYES: Supervisors J. P. Benny, A. M. Dias, J. B. Moriarty, E. A. Linscheid, T. J. Coll. N0ES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order feed an the mimwkm of said Board of Supervisors on the date aforesaid. CC: Public Works (2) Witness my hand and the Seal of the Board of Sewage, Waste do Water Supervisors af1'i><ed this 31st � March Messrs. Boyd and Davis day , 19 70 Auditor W. T. PAASCH, Clerk By/Z�lr ,c' Depwy CkA Mildred 0. Ballard N1f,� f 12/69- IOM IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of } Tract 3870, Bethel Island ) RESOLUTION NO. 70/175 Area. ) } WHEREAS a map entitled Tract 3670 , property located in the Bethel Island area , having been presented to this Board for approval, said map hav ng been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the ma p and that the current 1969-1970 tax lies has been paid in lultl and that the 1970.1971 tax lien, which became a lies on March 1, 19709 is estimated at $1,600; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4, Title 8, of the County Ordinance Code; 9arety Banda issued by Indnatrial Indemnity angamW with William W. Boyd and T. L. Davis as principal, as fellowat Boob No. T3 661-4761 in the amsa nt of W#700 f+or laith- ful tertbisance, and VN200 for Labor and Materials, to guarantee covletion of public road and street roverots; Cash deposit (Auditor's Receipt No. 81098 dated March 309 1970) in the amount of $500; Tax Bond No. TS 661-4762 in the amaatet of $1,600 guaran- teeing palrnt of estimated 1970-1971 tax; Inspection Fee in the amount of $$1,160; and Doyomea yow ,awl°�i4 ilb�b C. D. Elein, et al, c% a, subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete road and street improvements, etc., in said subdivision within ons year from the date of said agreement; RESOLUTION NO. 70175 Form #23 NOV-19 THEREFORE BE IT that said bonds and deposito and the amount_ thereof be and the same are hereby "PROVED. BE IT FURTHER RESOLVED that said subdivision agreement be and the Name is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and t6nt; Bard does. n a r ehalf o the ublic 1W of the s�"-`to# ibams >�i� i� o> tp gnMn tom as dedicated to public use. PISSED AND ADOPTED this 31st day of Ktreh , 197,_s by the following vote of the Board; AYES: Supervisors A. K. Wass J. E. Pbriert�s E. A. Linechoids T. d. Coll. NOES: None• ABSENT; Supervisor J. T. Komy. act Public Works (2) Subdivider Omer CERTIFIED COPY I certify that this is a full, true & correct copy of the ori?inal document x•rhieh is on file in my office, Ind that it was !-,a ,� •� a:-lotted bv the Board of -ervi4nr; of Craitra ':nota County, California, on �e 4ate W. T. PAASCH, county •!erk&e-.-of"i%io clerk of said Board of Supervisors, jy deputy clerk. RESOLUTION NO. "70/175 Form 23 68-6-200 PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F. BROWN PUBLIC WORKS DIRECTOR CHIEF OEP'.iTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER.SURVEYOR 6TH FLOOR, ADMINISTRATION BUILDING MARTINEZ, CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR March 30, 1970 Subdivision 3870 i�hd,�•�v 3 /, i� �T J 1 Honorable Board of Supervisors W. 7. PAASClI Administration Building dl-Z.AK HOA 0 OF sum Martinez, California 94553 Gentlemen: There is submitted for you approval the map of Subdivision 3870 in Supervisorial District V in the Bethel Island area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is March 31, 1971. 2. A Surety Bond in the amount of $22,700.00 surety and a $500 cash deposit (Auditor's Receipt No.,,5/C 9S dated March 30, 1970) which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and materials Bond in the amount of ^923,200.00. 4. Letter from Tax Collector's office stating that there are no unpaid county taxes on the property, and that the 1970-71 tax, which became a lien on the first Monday of march, 1970, is estimated to be y1,600.00. 5. Tax Bond in the amount of $1600 guaranteeing payment of estimated 1970-71 tax. The map is submitted for filing by the Western Title Guaranty Company under the provisions of the County Ordinance Code and all required deposits and fees have jA been paid. )O, n It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAUER Public Works `rector By V. L. Cline Assistant Public Works Director RGA:sc Highway Planning cc: Title Company Planning Department Construction Division EMMETT'HITCHCOCK EDWARD W LEAL• JR , COUNTY TREASURER,TSX COLLECTOR, •SSISt•NT TAX COLLECTOR'S OFFICE COU%T. TREASC+RER TAX cOLLECTOR P.Inw220-- ^O ALFRED p LOMELI EXT :..,-. ='.` 238-7CONTRACOSTA COUNTY TA. °1..-E VANw6ER FIRST I%STALL"ENT OF TAMES FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 oELINouENT DUE AND PAYABLE ON THE TENtM pwr OF OECEM�ER ON THE FIRST DAV OF NO VENDER (�' [IPJ --.--�- - SECOND INSTALLMENT OF TAXES March 1117(0 SECOND INSTALLMENT OF TABES � OCLINOUENT DUE AND PAYABLE ON THE TENTH DAV OF APRIL ON THE FIRST DAY OF FEBRUARY IF THIS TRACT IS NOT FILED BY OCIOBEH 31, 1910, IVIS LHTTIR IS VOID F I L E W. T. PAASCH CLERK BOARD CF 3UPERVISORS CONTRA C ^Tgq11-COUNTV C9J�KA Deputy This will certify that I have examined the map of the proposed subdivision entitled: TRACT N0. 3870 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1969-70X tax lien has been paid in full. Our estimate of the „19,70_,7_ tax lien, khich became a lien on the first day of March, Ift, is S 1,000.00 /9/70 ENWTT HITCHCOCK Redemptio141-t By: uta dl SUBDIVISION AGREEMENT (§1) Subdivision: 3870 (§1) Subdivider: William W. Boyd (B. & P. Code §§11611-12) T. L. Davis C SjAA Ftp A AV- TTIT Effective Date :March3JL, IS ru�Al (Contra Costa County (§1) Completion Period:March 10, 1971 Standard Form; 8-67) (§4 ) Deposits : A. (cash 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ 22 700.00 2. (labor,materials) 23 , 00.00 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants , and all improvements as rea_uired by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder: and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and wi Ilbe free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8420; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs . Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . . B. Bonds , etc. : (Z - FaithfuZ Performance) additional security for at least the above-specified amount , which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount , which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors , and to persons renting eauipment or furnishing labor or materials to them or to the Subdivider. 5. k'arrantp. Subdivider warrants thpt said improvement plan is ade- quate to acco relish this *,.cork as ,=7isen n Section 2 : and if, at any time before t'.-,e Count�7' s resolution o i ` _cn for the subdivision, the improvement nlar. ^roves to be ir?adeouate in any respect , Subdivi- der shall :Hake changes necessar7 to accomrlish the vrork as promised. -1- a 6. No Waiver by County. Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement , or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. _ Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters . 6. Costs. Subdivider shall pay when due all the costs of the work, including inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall Day the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit , and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accents these improvements, the subdivision is annexed to a city, the County may assign to that city the County's rights under this a7reement and/or any deposit or bond securing them. Z2. Record -!an. In consideration hereof, , cunt.v shall allow Subdivider to file and record said subdivision map , and reco_nizes this subdivision as one comDlyi^r. ;•rith State laws and County ordlinances . -2- E °HVISCRSNT 04Duh COUNTY OF CONTRA COSTA SIJBDIVIDER= (see note below) By Chairman, Board Supervisors By By ATTEST: W. T. AAASCH, County Clerk Desi ne 4rLE.Leb�cvrcity In the & ex officio Clerk of the Board business) 8y i�L,C1!�1i f �aC.dsc/�i.r. .-.� Note, to Subdividers (l) Execute - - Deputy acknowledgment form below, and (2) If a corporation, attach a certified copy of (a) the bylaws FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board a► County unse /' of Directors, authorizing execution of Z this contract and of the bonds required Byhereby. Deputy State of California j ss. (Acknowledgment by Corporation, County of �7 �^ t t�, ) Partnership or Individual) On �t�t� G 3 / 1.11 , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed It. ►-�1 e h Notary public for said County and Stats (Subaiv. Agrmt• CCC Std. Form) (HP-9; Rev. 9-59: 200) E3!� FFICIAL SSEAL ICHARD ted. JENSENTARYPUBLiC•CALIFORNIAONYRa COSH sNoaVlS,973ommUNTY ission Exp834 GoMarti `.4553 Bond No. YS 661-44761 Premium: $232.00 nor two years IMPROVEMENT SECURITY BOND (Faithful Performance & Maintenance, AND Labor & Materials) (Calif. Bus. 4 Prof. Code §11612; Contra Costa County Standard Form) 1. OBLIGATION. (Principal) tJ_Jlliam W. Boy dand T. L. Davis as Principal, andMu�reYTNnjj_qTg*rAi. Ti�MENNITY COMPANY a corporation organized and existing under the laws of the State of California and authorized to transact surety business in California, as SureEy, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintenance) Twenty-Two Thousand Seven Hundred and No/100--------Dollars ($ 22,700-00 for itself or any City-assignee under the below-cited subdivis on contract, plus (B - Labor & Materials) Twenty-Three Thousand Two Hundred and No/100--------Dollars ($23p200.00 for the benefit of persons protected under Cal. Bus.&Prof.Code §11612. 2. RECITALS. The Principal contracted with the County on March 10, 1970 to install and pay for street, drainage, and other improvements in Subdivi- sion No. 3870 , as per map now being filed with the County's Recorder, and to complete said work within one year from said date, all in accordance with State and local laws , rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him accordlng- to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on March 24, 1970 PRINCIPAL f, SURETY By /WG f INDUSTRIAL INDDINITY COMPA,=, Will W. aoyd J/ By B Davis' /Frances M. Frob-gs', Attorney CiRunan at of California ss. y of San Francisco (ACKNOWLEDGMENT BY SURETY) On March 24, 1970 the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorneys)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Surety and, his/their own name(s) yMARY MUELLER NoTARY PUBLIC CALIFORNIA FRMCIPAL OFFICE IN Z 2rly c0m.-n-*Sn`,Gn EypirassJuly 14, CjTy & CoujiTy OF SAH FRA14CISCO Z d S Tec. ...A.&" Notary Public for s6Ad Count tate County an (1q. Tvc. Bond, CCC Std.Form) (HP-15;Rev. 8-67; 200) Bond No. YS' 661-4762 Premium: $lo.uu per annum. EO ON, W Ii:S': TA-S ALL, D MT. 1=11ESE THAT William tai. Boyd and T. L. Davis , as principal and (Surety) jNpU5TgjAj, TliD INTTy coMPANY a corporation o_;arized and existinz tinder the lar:s of the Statz of California and authorized to transact surety business in California as surety are held and firmly bound unto the County of Contra Costa, State of California, in the penal sun of One Thousand Six Hundred and No/100-- --------------Dollars o 1600.00 j, to be paid to the said County of Contra Costa, for the payment of which will and truly to be rz.ade, r:e and each of us bind ourselves, our heirs, executors, adminis- trators and successors, Jointly and severally, firmly by these presents. Sealed with our seals and dated this 24th day of March , 19 70—. The conditions- of the above obligation is such that WWRE;S, the above bounded principal is about 'Co file a nap entitled Subdivision 3870 (willow Road I-Test) and covering a sub-'iviziar_ of a tract of lard in said County of Contra vosta, and there are certain liens for taxes and special assessments coilectad as za::es, aSainst the saiw Tract o' land covered by said map, ta__es ar.:: soccial assessments collected as to:es, are not as yet due or payable. 10.E -r�....E: O�.. , if she sat3 Principal shall cair all of t e ta:.es and spec al assessncnts collected as taxes t ?:iciz a.^e a lien aSainst said tract of land covered by said nap, at the time of" tr_e fi7 ir_r; of. said. crap of said Tract, then this oblisation shall be void and of no effect. Otherwise it shall re- main in full orce ane: State of California City and ss. On March 24, 1970 before me, the undersigned, County o/ San Francisco a Notary Public of said county and state, personally appeared Frances M. Ploss known to me to be the Attorney of the INDUSTRIAL INDEMNITY COMPANY, the Corporation that executed the within instrument, and _ OFFICIAL SEAL known to me to be the person who executed the said instrument on MARY MUELLER behalf of the Corporation therein named, and acknowledged to me a NaTARY PUBLIC CALIFORNIA that such Corporation executed the some. PRINCIPAL OFFICE IN CITY&COUNTY OF SAN FRANCISCO My Commiss;on Expires July 14, 1971 Notary Public IYOGO R!110/64) In the Board of Supervisors of Contra Costa County, State of California March 32 19. 70 In the Matter of Authorizing Acceptance of Consent to Dedication, Subdivision 3870, Bethel l'sl and_' Area. On motion of Supervisor A. M. Dias, seconded -by Supervisor J. E. Moriarty, IT IS BY THE BOARD ORDERED that a Consent to Dedication, dated March 6, 1970, is accepted from S. D. and Mae L. Hamm; said consent pertains to a portion of Easement recorded February 180 1964 in Book 4555 of Official Records at page 358 that will become Willow Road West upon filing of the map for Subdivision 3870. The foregoing order was passed by the following vote of the Board: AYES: Supervisors A. M. Dias, J. E. Moriarty, E. A. Linscheid, T. J. Coll. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entire, on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors cc: Recorder (via P.W.) affixed :his-ILS t day of `arch . 19 70 Public Works (2) W. T. PAASCH, Cleric Administrator By I. Deputy Clerk Anne M. McSorley H 24 12/69- 10M e In the Board of Supervisors of Contra Costa County, State of California March 31 19'-7-0 In the Matter of Authorizing Acceptance of Consent to Dedication, vision 3870, 3etrel Island Area. On motion of Supervisor A. M. Dias, seconded by � .nfrvisor J. E. Moriarty, IT IS BY THE BOARD ORDERED that a -ansent to Dedication, dated March 5, 1970, is accepted from ?. A. and Estelle Thrush; said consent pertains to a portion of an easement recorded April 3, 1964 in Book 4588 of Official Records at page 621 that Will become Willow Road West upon filrg of the map for Subdivision 3870. The foregoing order was passed by the following vote of the Board: AYES: Supervisors A. M. Dias, J. E. Moriarty, E. A. Linscheid, T. J. Coll NOES: None. ABSENT: Supervisor J. P. Kenny. I hereby certify that the foregoing is a true and correct copy of on order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board o Supervisors cc : Recirder (via P.W. ) affixed this 31st day of March___, 19 .70 Public Works (2) W. T. PAAACH, Clerk Administrator By � �e �h l2 ? Deputy Clerk Anne M. McSorley H 24 Q" U) - OM 1 • it it II ' BEFORE THE PLANNING C012MISSION OF THE COUNTY OF CONTRA COSTA !� STATE OF CALIFORNIA Subdivision HIn the matter of the Referral of the Tentative Map of Subdivision 3870 Number 3870 'from the Board of Supervisors Regarding the Appeal by Mr. William Boyd 'of the Health Department Officers' Decision on Installation of Septic Tanks/ I 1 li WHEREAS, on October 7, 1969, the Planning Commission modified the condi- 2 tions of approval which pertained to the installation of a publicly owned and .3 maintained sewerage treatment plan, after it was determined that said plant was 4 leconomically unfeasible at this time, and informed the developers to proceed wit 5 Ithe processing of the tentative map in accordance with Division 6, Title 4, of 6 �lthe Contra Costa County Ordinance Code. This division pertains to the review a 7 installation of individual septic systems and that this approval or disapproval 8 must be made prior to the recordation of the final subdivision map, and 9 WHEREAS, during the investigation of this subdivision for the utilizatior 10 of individual septic tanks, the Health Officer denied the developer's request 11 because six lots (Lots 12-17) contained less than 6,000 sq. ft. of area, exclualle 12 of easements. Ten lots contain less than 7,000 sq. ft. of useable area. The 13 balance of the lots (S lots) contained less than 9,000 sq. ft. in area and no 14 lots within the subdivision could meet the lot size requirement, and 15 WHEREAS, the ordinance requires all lots to be 10,000 sq. ft. in area 16 exclusive of underground and surface easements. Although the lots are 10,000 17 sq. ft. or larger, the easements which have been required by the Flood Control 18 District as a drainage easement encompassing the levee along Piper Slough, reduce 19 the lot area which the Health Officer can use to compute lot area for septic tadL 20 purposes, and 21 WHEREAS, On October 28, 1969, the developer, William Boyd, appealed the 22 decision of the County Health Officer to the Board of Supervisors asking for 23 lCommittee elief from this decision. This matter was referred to the Board's Public Works 24 and to the County Counsel for review and report. On November 18, 1969 25 jlthe Board of Supervisors referred this matter back to the Planning Commission as 26 evidenced by the following excerpt from the Board Order: 27 "This being the time fixed for the Public Works Committee (Supervisors 271 "This P. Kenny and E. A. Linscheid) to report on its review of the appeal of Willis 28 ' Boyd from the administrative action of the County Health Officer in disapproving the installation of septic tanks on lots less than 10,000 sq. ft. , exclusive of 29 jeasements, as proposed in Subdivision 3870, Bethel Island Area; and I Supervisor Linscheid having reported in behalf of the committee that the 30 i� easements (which affect the computation of lot size insofar as County Ordinance ' Code Section 4643, "Individual Sewage Systems: Lot Size" is concerned) were 31 requested by the Contra Costa County Flood Control and Water Conservation Dis- trict for levee control; and 32 ,v w to �I Subdivision Number 3870 Page 2 1 �i Supervisor Linscheid having advised that by letter to this Board dated November 17, 1969, the Bethel Island Municipal Improvement District has accepted 2 11sole responsibility for the maintenance of the Bethel Island levees and is te- ll !questing removal of all such easements; therefore, it is the committee recommend 3 11ation that the matter be referred back to the County Planning Commission with tbi lirequest that it consider waiving said easement requirements and schedule a public 4 :hearing on this matter at the earliest possible time; and 5 j� The committee having further reported that if the Planning Commission approves the request of the District, it would not be necessary for this matter g }oto be brought back to the Board and the action of the Planning Commission would j� be final;" 7 (1 ! WHEREAS, on December 2, 1969, the Planning Commission reviewed the 8 f referral from the Board of Supervisors and heard a report from Mr. William Boyd i1 9 ! and also Mr. John Ankele, Vice President of the Bethel Island Municipal Improve- 10 ,i Iment Association urging the Planning Commission to waive the requirement that a 11 drainage easement be dedicated on the Final Map as required under Conditions 6 12 and 7 of the approval of Subdivision 3870 on March 11. 1969. 13 WHEREAS, the Planning Commission having been advised that the Flood i 14 1 IIControl District, which is an advisory agency to the Planning Commission, norm- 15 ally recommends easements where drainage facilities exist, and that this easement 16 was not being dedicated to the Flood Control District but to the public. that 17 this would be the first such easement on Bethel Island if required, and 18 � NOW THEREFORE, upon motion of Commissioner Milano. seconded by Coemia- 19 sioner Arthur Young, it was moved that the drainage easements as required in 20 Conditions #6 and #7 of the resolution approving Subdivision 3870 by the Planning 21 Commission dated March 11, 1969, BE WAIVED. The foregoing motion was adopted by 22 the following vote of the Planning Commission; 23 AYES: Commissioners Milano, Arthur Young, Lynch, Jeha, Andrew Young, 24 Goyak, Shelton. 25 I NOES: None. 26 li ABSENT: None. 1 Attest: Anthony A. Dehaesus 27 Director of Planning 28 29 30 //Norman'L. Halverson Planner IV ;iNL1t:1sW Current Planning Section 31 i cc - William Boyd and T. Davis Public Works, Health Dept. 32 Bethel Is. Fire, Flood Control 1 Building Inspection, Assessor IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Appeal of } William Boyd from Administrative ) Action of County Health Officer ) November 18, 1969 relative to Installation of ) Septic Tanks in Subdivision 3870, ) Bethel Island Area. ) ) This being the time fixed for the Public Works Committee (Supervisors J. P. Kenny and E. A. Linscheid) to report on its review of the appeal of William Boyd from the administrative action of the County Health Officer in disapproving the installation of septic tanks on lots less than 10,000 square feet, exclusive of easements, as proposed in Subdivision 3870, Bethel Island Area; and Supervisor Linscheid having reported in behalf of the committee that the easements (which affect the computation of lot size insofar as County Ordinance Code Section 4643, "Individual Sewage Systems : Lot Size" is concerned) were requested by the Contra Costa County Flood Control and Water Conservation District for levee control; and Supervisor Linscheid having advised that by letter to this Board dated November 17, 1969 the Bethel Island Municipal Improvement District has accepted sole responsibility for the maintenance of the Bethel Island levees ani is requesting removal of all such easements; therefore it is the committee recommendation that the matter be referred back to the County Planning Commission with the request that it consider waiving said easement requirements and schedule a public hearing on this matter at the earliest possible time; and The committee having further reported that if the Planning Commission approves the request of the District it would not be necessary for this :natter to be brought back to the Board and the action of the Planning Commission would be final; NOW, THEREFORE, on motion of Supervisor Linscheid, seconded by Supervisor Kenny, IT IS BY THE BOARD ORDERED that the report and recommendation of the Public Works Committee is APPROVED. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, E. A. Linscheid, T. J. Coll. NOES: None. ABSENT: Supervisor J. E. Moriarty. - cc: Mr. William Boyd �. i .Ir'tLJ COPY County Health Officer I certify that this is a full. true & correct copy of County Administrator the original document which is on file in my office, Public Works Director and that it was nacsed & adopted by the Board of County Counsel Supervisors of Contra Costa County, California, an Planning Director the date shown. ATTEST: W. T. PAASCH. eons# Flood Control clerk&ex-officio clerk of said Board of 3upW iN0% by deputy clerk. 4 BETHEL ISLAND MUNICIPAL IMPROVEIMENT DISTRICT P. o. sox 244 Cx0MZ BETHEL ISLAND, CALIFORNIA PHONE 684-2210 November 17, 1969 Board of Supervisors Contra Costa County Martinez, C.Jifornia Dear Sirs: We, the Directors of the Bethel Island Municipal Improvement District, request the Board of Supervisors and the Contra Costa Planning Department to remove all requests for easements by the Contra Costa Flood Control as shown on Subdivision Map No. 3$70. Legislation was passed giving the sole rights governing the levee to the Bethel Island Municipal Improvement District, therefore, we accept sole responsibility of the maintenance of the levee around Bethel Island. Yours truly, BETHEL ISLAND 2iUNICIAPL IMPROYEAIENT ]AST ICT JOH. A L , YIC PRESIDENT 0 THE BOARD ��'-r'-CSL'r✓ L�� 2��..�p'�� HELEN DELAFIELD, ACTING SECRETARY cc: Contra Costa County Planning Dept. TV" /,yj ..:+ C-TA CONTRA COSTA COUNTY CLERK'S OFFICE Inter - Office Memo Date: November 12, 1969 To: public Works Committee (Supervisors J. P. Kenny and E. A. Linscheid) From: Clerk, Board of Supervisors Subject: By Aileen Elder, Deputy The Board today referred to you the appeal of William Boyd from administrative decision of the County Health Officer relative to installation of septic tanks in the proposed subdivision 3870, 8eth.el Island area. The matter was also referred to the County Counsel . c.c. County Administrator IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA November 12, 1969 In the Matter of Appeal of ) William Boyd from Adminis- trative Decision of County ) i Health Officer Relative to ) Installation of Septic ) Tanks , Subdivision 3870, Bethel Island Area . ) This being the time fixed for hearing on the appeal of Mr. William Boyd, 21 Bethel Island Road , Bethel Island , California from administrative action by the County Health Officer in disap- proving of the tentative map of Subdivision 3870, Bethel Island area , because of the proposed installation of septic tanks on lots less than 10,000 square feet in area ; and Mr. William Boyd appeard in his own behalf, stating that all of the lots in the proposed subdivision contained at least 10,000 square feet inclusive of the easement along the levee which the Contra Costa County Flood Control and Water Conservation District is asking be dedicated ; and Also speaking in support of the proposed development were the following members of the Board of Directors of the Bethel Island Municipal Improvement District: Mr. John Ankele, Vice President; Mr. Stanley Fitschen; Mrs . May Mounder; and Dr. Glen W. Kent, County Health Officer, presented a statement outlining the history of the proposed development, stating that it is his decision that a public health_ hazard would be created by the installation of sub-surface sewage disposal facilities in the proposed subdivision, and recommending that his administrative action be sustained and the lot size requirement be maintained at a minimum of 10,000 square feet exclusive of underground and surface easements in accordance with. the Ordinance Code; and Supervisor E. A. Linscheid stated that it is his opinion that inasmuch as the Improvement District has accepted responsi - bility for installing a sewage system on the island and is attempting to obtain federal aid for that purpose, serious con- sideration should be given to granting the appeal ; and On motion of Supervisor Linscheid, seconded by Supervisor T.J. Coll , IT IS ORDERED that the appeal is referred to the Board , Public Works Committee (Supervisor J . P. Kenny and Supervisor Linscheid) and to the County Counsel for review and report to the Board on November 18, 1969. The foregoing order was passed by the following vote: AYES: Supervisors J. P. Kenny, A. M. Dias, T. J . Coll , E. A. Linscheid , J . E. Moriarty. NOES: None. cBer,E•,ED coNr ABSENT• None . Bm rrrieal dorwMe"i wkch is on ide ;n - of!_' on ... Aa!i!v .ras—d&adort.d 4 A, �.^u r.i of�"r C .C. Mr. Wi1 i am oyd .i.o.e a/ contra Contra ca4�,r. cc";;.•rnia. 04A. County Health Officer AMST W. T. FA ASCH Count=Curl County Administrator up-afbc;a sh'i of paid Board of s.ps"40... b, Public Works Director ,''r' d'"4 . County Counsel Planning Director Flood Control S TATs•W:NT OF TIE. EA LTH 01FIFICER BEFORE TIS Q^ TTc c �r,,.� �: s:,��z��.,o_ � ut�RDlarG RECEIVED SJ3DIZTISIO:; NO. 3870 n?.,IBI 1 ROILD '.�EST'* � �-z W- T• PAASCH CLERK [36RD OF SUPERVISORS ay C TRA CO CO Deputy • :.ove.:.ber 12, 1959 :'he i-36ti er before you t^1s .-orning is an appeal fro.^., an admin strativa actio.n, by th_- Ccu ty ',Health Officer as provided for under Section 1207 of the Ord_:.an ce Code of Contra Costa County and relating to the denial of tile revised tentative map submitted for review as provided for under Title 41, Division 6, Chapter 3 of the Ordinance Code. It :night be well to review, chro:_olodically the history of this particular subdivision to clarify points that are pertinent. Attached please find the follo-wing: 1. A copy of a memorandiLm from Glen W. Kent, Health Officer, dated January 27, 1959 containing the cozrenents of the department to the Planning Co mission in response to the proponents first submission of a tentative map. You will note the co�:ents indicate that lot size and high water table were of concern to the department in ra'dng the recorr:endation that sewers should be installed to serve this sifrdivisicn. 2. A copy of t.:e resolution of the ?!arming Cc:r.T.ission acceptiri„ tfe tentative Tnap and setting forth the reeuiremerts to be met by the proponent-s. 1 call your attention- to items _2`1, which -In ; fact - 2 - reiterates the co:=.encs expressed in the Health Officers remorandum of January 27, 1969. r ollouing, this action by the Planning Corr:ission the health Department has been in contact with the proponents, as well as staff members of Sanitation District No. 15, in an attempt to resolve the matter of the installation of sewers and an interim sewage treatment facility. 3. 9 copy o: resolution tnunber 69/301 adopted by the Board of Supervisors as ax Officio the Board of Directors of Contra Costa County Sanitation District i?o. 15. This resolution was adopted by you as members of the Board of Directors of the Sanitation District as a result of the Health Department and Sewage, Waste and ZJater Division of the Public Works Departnent discucsion relative to policies that should be under- taken for the installation of sewera;e facilities within the Sani- tation District. 1t. A copy of a mern.orandixm from the Health Department to the Planning Department dated September 26, 1969 regarding a request for variance from the Planning Cormission's approval of the tentative map which would, in effect, eliminate item Arl under the resolution passed by the Planning Commission, as indicated in (2) above. The department set forth the requirements and the conditions for which a variance would be acceptable. 5. t? copy of the letter of .^.ctober 20, 1969 to '.illia..: =3yd and T. Davis regarding tae investigation by t::e Hea7-1,. Department pursuant to the - J - recsirements set forth in the variances and the anended doca ents listed above. These are the nertinent documents that have been written and presented relative to the :natter before you. The Health Department has for many years found that in the Bethel Island area extreme soil and rater conditions .ave resulted in some i^possible situations created as we attempted to adequately contain sewage beneath the surface of the ground. is a result, over a great portio:, of the island, sewage, partially treated, is being found in roadside ditches adjacent to established dwellin�,s. A sanitation district has been formed in Bethel Island, and bonds have been voted to install a sewer systen. However, financing has not f ollaied and a sewer system is not yet available. It is quite true that on the island itself there are so- : old subdivisions and divisions of property which have smaller lots. In those older established subdivisions the department has, wherever possible, at- tempted to assist and to liberally interpret the ordinance, since 1963, to at least allot: limited construction upon the island. This subdivision, when presented for review, appeared to this department to have small lots and olagued with. the _s—e_ problem of a 'nigh water table under the subdivision. The decision reached on October 20, 1969 was not without con- siderable concert: and discussion. The Health Officer did consider a variance for reduction in lot s'_qe recuirerments in order to alla,r the subdivision to be adopted. It is the 4eparU-ents ._..2ca'::^_c ,_cn t .aany sep;i_c i� nS or under- ground ground sub-s::rf ace se::age disposal -facility located on Bethel Island will eventually find its effluent into adjacent drainage courses. The ext-e,-re difficulty lies in the 'act that the river ::ester surface SurrOLncin the island is at a higher elevation_ than tater 'tables withl.n the island itself. T!:ere- e, it is our opinion that any un-derpround disposal of liquid would have no other course of travel, because of ?pressure differentials between the Crater Surfaces, than to find its way to the lo:•rer pressure area which would be the internal drainage syster, of the :stand. It is, Cherefore, the decision of the Health Officer that a nuisance or a aublic health hazard would be created by the in- stallation of sub-surface Sewage disposal facilities in this subdivision. it is further the concern of the Health Officer that the smaller lot sizes in this subdivision are little more than. one half of that re(:aired by ordinance. The Health Depart.nent finds that when all efforts have been expended and a system fails to opera-e the alternative is to request of your Board denial of the use of the property and after considerable investment has beer. made by the garner. The recoramendation of ;our Health Department. is to sustain the administrative action. of the :Health Department, and that the size of the lots for this or other subdivisions yet to be considered be maintained at a minimum of 10,000 square feet, exclusive of underground and surface easements in accordance 4rith the Ordinance Code. Q:7:K:Ti O:kb Attach.-ents ATT:: _:ern am -a-1vor-or. FROM:. GI-o1 W. Kent, 1-T.D. SU-BI L',Ci: Tentative Man ,kc :L); t=c lta Officar Sub" i�oia,t 6- 3870 nUillau Road Ea.,-t" _. _ - -- - - - - 7i3i,^) is in .'t:g?.-d to c?„ipa-cr1i31 of tii.'• toataL1irG mp fo Silbdivi;ian No. 3870, "Willa.-7 3OaGt u .,i.' acaw d CL. �i.C_ issL.:2d. Th-.v �''tL�j�)arYt�L;:C7F.�i�}a:Cw/�TaviiG"�.•iyc:C�•1't'ho �Ci��1�:t�-0 :"��J e:,�y�yCi,-,�j.f G.^ar`].'t con- ccr m- um 4Lr supply GZ.r.6 u@r:wao dispozal :;ez Y.Z i:g L�:''J �Ia'Cposee� .S'.ILG 4=a 0 Ti:C in-s.tc^.,L1.1 ti on of it dividual ,^)C;�'`viG tans:. installation sQ_ --mac-SO dlzposn-I is conzid-;tod to bo co :.71euely L':2acceptab e by thin „La .,y.y:. 1 ") s -+ lot S.2'. ^ R r -•!rs. cable C:Ci) w.. :� �?-.Gut:.:C Q.+ Ov �.:..)e w'3d �i_.�i? ;:a:t+:,i table. Please be wcv*isod that as Kbalth. 02ficer I cannot awrovo of the -anteuiv' msp for this ^u'Xod i7i.sion u Macut tha .►:clusiO:"a of t1m, following p av?S3.Q:'_S C r^r.rr ys ^ti te.s V a^ rn e••�-:Z S ,, y !� n,. 1. Soun,r. 6_.)�os.1_ 7C' st t1 r.L;C;C...�_'-.,-_.C. J� CQ :aC:C4iOPi ZQ .L C.,:?- iit;?:ity collection and Usposal `yotaNL misled and by t:ne existing p::blic a enGy, -ar-a v Sar:-talion District s.o. l5. 2. i:a ter supplybo pz6o*Lceu by a co..unity water dieributia. .I=aly Sam1 tation District ::c. 15. cc: Pleasant Hill Area 0fTice Public icor? ss De_aartmont Subiivis ion BEFORE CC::::YSS ON OF T::-T COU.1,_T: 0. CO:.?EA COSTA :::=5e: 3S70 ; s OF C::LIt03ti (LLP 197-69) in the Xattcr of t::c Ar?!_cation :rr A2?_oval of Vaz1a,ce; .o=,the :,Conditions Approvir.S the Tentative an o_ Subd_v%ion 3370 (LU-1 197-69)/ 1 I.'?:£ X45, on the Sth day o_ January, 1969, t a tentative ssubdivicion wap I 2 !,was filed with the Planning Office, and i.HERZALS, the wap was approved by the Planning Co=isaion on March 11, 1969, and IHZE' L&S, the devalooers, Wi11iaa Boyd and T. *C. Davis o. Zethel Island, 5 ;y 6 ion August 27, 1959, filed a var is ice fres Cond_.._ca 1, and that septic tanks be ;i T ;'allowed. Condition Na. 1 rends as fo_lowa: 8 f; "l. in lieu of _.div dual se.sic ta::s as proposed, the sub:?ivider 3ha1 �'install a publica:ly owned and maintain-ad sewerage treatment plant meeting the 9 !f �;r`cui:cwnrts of the Contra! Valley Water quality Control Board and10 � 11 Contra Costa County Sanitation District ::o. 15. he plant and collection lines 12 '1 shall -. , t f-a Y : become the p�COC:tf ✓- S2:1it..�SOA 'i..tr�Ct No. _S, L•?On 3ab_.,_..CtO.y Cos:- i ijpletion of ca nst.uctio n." lj W ERFAS, the stat: raving reviewed this request with the Dcpa_t::_nt of 14 �; l Public Works, Division of Sewage, Waatc and *.Tater, and the County Zoalth Dapart- � 15 (1i: 16 Ikent, AQ0 NOW 7HE -FORZ, 111 j 17 11 BE IT SO .ri?.SOLVED, that the findings of the staff are that the costs of I _ 18 ,_the construction o- the package plant as required in Condition No. I is not 19 11feasible at this tima (See attached memo from Public Works Department), and that- 20 hat20 l!lithe development of subject subdivision requiring this means of sciage disposal 21 j�constitutes a hardship, and that time request should be granted, and �I � . E T ' ' ER I SSOT VEE that .applicant of' to pro his tenta- 22 Ti:. I :Lair:.... ./ , L bile i.�� p- Y Y 2J rtive nap in accordance with Division 6, Title 4, of the Contra Costa County 24 ,;ordinance Code, wick section pertains to the review and installation of indi- 'fvidual septic systems, and that tAd approval or disapproval of the use of 25 i i, 26 ..individual septic systems shall be made prior to the recordation of the final 27 ;subdivision map. 2E , the Planning Commission having considered the same and being- 29 advised in the premises, : :OW 1HEREFO=, IT IS FwCO=11ENM -30 D, that the variance as requested be 31 : G:.z:"2ED subject to the s_afz reco--andations. 32 .':.e foregoing recces cation was made in a motion by Commission ar Lynch, it^d iv;,S ion s ~;:::ber 3370 it (LU 297-69) E! i+ a 1 {:seconded by Co—:!ssioner Jehs, and adopted at the Planning Co=ission meting of N 2 "October 7, 1969 by the following vote: 4 !� :Y£S: Commissioners Lynch, Jeha, Andres and Arthur Young, i:lana, and Goyak. 4 N \OSS: gone. t t. nBSE:r'�: Co..�^,issioner Shelton. b ri ATTZS_: Anthony A. Dehaesus 7 Director of Planning r� l J 9 c I i*:ornan L. Halverson c Planner 1V 10 Current Planning Section 11 ;v'LH:is:r 12 cc - [;ill;::m Boyd and T. Davis t Cornelius D. :Mein 13 #; Public Works Deprrtme nt i� St:zldi^. inspection :i aY 4ti:..» . �TV t s is iTChC 1. Fi_cd Control District {� Division of seal SSvatC 15 tf :ederal Housin AdmiriZ4_at_on Assessor's Of.ice ;.. ..... > 161 File LUP 197-69 i. File Subdivision 13370 17 i rL° ` 18 ' 4 19 It Tu j 20 i ^ 21 i 22 23 f� 24 . 25 26 27 28 r � 29 J0 t' 32 it i IN THE BOARD OF SUPZERVISORS •7 i' CONo nn COSTA COUNTY, SnArE OF C.-LT-"sOR\;rn AS EX OFFICIO T E BOARD O. DIRECTORS OF CONTRA 0\oRh COSn A COUNTY S N-_nnnlCti DISTRICT ti0. 15 t •• _ .:.: in the :.atter o: 1.1011.cy ) + r j ' regarding New Septic Tarin Installations :it hin Contra ) RESO12 T10H XUY3Er--jr, .01 Costa County Sanitation District No. :5. ) ��'F:!c TOSS ?;H.EREAS this Board having been informed that s� a? Subdivisions and Mobile 'come Parks are proposed for deve"' . ' . within the District and are pending' approval before the County ho in Co=ission; and ? HERE S policy :•rich respect to Sewerage Service by means of septic tank installations for these types of development and individual homes would assist the Planning Department and the Health Department in administering and considering approval for Subdivisions and Mobile Trailer Parks and the Public Works Department in administer- ing the District; tiOW, THEREFORE., EE IT RESOLVED that the following shall be considered Board policy with respect to new septic tank installations within Contra Costa County Sanitation District No. 15: 1. New Subdivisions and Mobile Trailer Parks shall be ' served by a publicly owned se►•:age collection system and treatment, facility meetin6g. Central Valley Regional Water Quality Control Board requirements or in the event the Engineer Ex Officio decides that installation o the Collection. System and Treatment 'acility is not feasible, the c:eveloper may apply to the Health Department, for permission to provide service by way of septic tar.:{ installatlon, in accordance with County Ordinance; 2. No septic tank stall be permitted to be installed on any undeveloped parcel o_- less than 10,000 square feet (exclusive of underground and surface easements) except that. an already subdivided parcel may be served with a septic tank installation providing: a. The Engineer Ex 0_ficio indicates that sewerage service is not available; and b. Approval and authorization has been obtained fro= the Health Depa:tment for the installation in accordance with County Ordinance; 3. Rep'aeement and .::odif_cation of an existing septic tarn installation shall not proceed unless: RESOLUTION =73ER. 069/3O1 a. The Engineer Ex Officio•of the District, has indicated that sewerage service is not available and/or a hardship does exist, and b. Approval for the installation is ob tai ned fro:r. the Health Depart :ent in accordance with County Ordinance. PASSED AND ADO?TED this oth day of Mlay, 1969, :by the following vote of the Board: AvES: Supervisors J. ?. -Kenny, A. N. Dias, T. J. Coll, E.E . A. Dinsc neid, J. E. Moriarty. \OES: None. ABSENT: None. CEI CU-IJY certify that this is a r=afts, true correct cony, of cc-: Public Works (2) the o:'irirnl ehnmz � _ ; . ;, m.:�t n,lich �; or: file in rz�• of,.^c.' 1Sewage, Waste and Water :d th : it l:c:, �r:SFr:l - r:::,;•�:! rc� t? :•,;.:-c� ;:t Planning /` :;.,i;.�:'.:.;.._:,C .1, 1. C•r�:�:{:1:::�.;�, C+:"t I rl•:t�ii=.Cii� !// i.'..., 0-a'i: «.'sC�:':�i. .._1:.:.. �:�: "1 r., Tib f. Health Department :_. .. .. Adminis:,gator cIs r : c-.-Officio cier',or acid Eaard cf Supor•,risors OTI • . _•y .. ?3SOILUTI.OIN, NUIMM c59/301 CO:•t i' , COS:' ••CJi-m—P Nr. Rob=-JO. "Hod t;sar. Septemler 26, 1969 na►.ninl; De—part—lam'. T. Gare%d, Public Mealth ?2Tmar Com,tints Re: Request. Divisio-a of for vtriarce .o Sub-'2ivisior. "o. 3870 ftlwillme Road 'Ole u1= A variance has been requested to elim-nate herr.1, Page 2, Line 7 frog the rcca ncncation to tho P1anrin., Comae—1 asion ironthe Staff aid :latiny to thea approval of t�:= ten';ati V rap for Subdivision 2;0. 3970. Rafamnce is madC to rosol-ati on n t:^abnr 691301 of the Board of Ss;)erciyo:s as Ex Officio the Do:rd of Urzctors of Contra Costa County Sanitatioi District No. 15 dated Nay 6, 1;G?. The Health Fsaartmont staff has =•e--r'_e:;ed the request for variance and ra;ccs the follwing -eco= ndetiaas- T app�.a.cant be i of o ^--. tl—',a. s r:•:aro disposal throw,h ccru"ii-1 ty s we.-aZg disposal facilities is the basic reCJire- .^:.oTit of t* j:ia!' T�?u t:Tmnt and off t}ta most prac t].cal solution to lona ranSs utility sei'V':C:: Co Ce?t. `. the amV:�i�c nt na st proeld-e Yiir HealthDvO art^E':lt .7:tll certif icatiOn lrj tho i,:2 i ar Ex Officio of the C OW r a Cios�2 Com-'.y Sanitation District No. 15 the. tho installation a" a collection s. ra :jd treat�en_t facility is not feasible. 3. The health iepark-^.ent rill then proceed to process ts+.e: appli- cants revised to ztavive rap in accordan.:e with Division 6, Title of the Contra Costa Cwanty Ordinance Code. cc: Plea aat ULU +krea Office :t.trtiotic ., :•.w; K�.LL Z,;:.M ENT P.O. UOK 47. I:ARTMEZ.CwAUFORN.A 54553 October 20, 1969 F ilii -a Boyd and T. Oavis- Bo\=d Qal Estate _ 2l Bet-..al island Rload Bathe 1 island, California 94511 Gent-le-n 1 lz�. v t,..:'.CiZ Subdivision '?o. 3870 . Road 1:17es t" This Deoartrent =gas is vestigated the proposal for in- St8l1at .On Of septic talks for tha above captioned subdivision i- accordance E iti? Divi sion 6, Title 4,: of the Contra Cosh County Ordinance Code and resolution of the Contra Costa County Planning Co -*ti sslon dated October 7, 1969 granting a variance iron the conditions approving the tentative ;,tap. The results of the map review and field investigation reveal the iollowi.ng: 1. Six (6) lots (12 thru 17) contain less than 6,000 SC^,;are feet Oi area, exciUsive of easements, x- '_Ch represents less than 60% of the recuired ninivaLra area by ordinance. Ten (10) lots contain less than 7,000 square feet of usable area. The bal-' a:_ce of the lots (5 lots) contain less than 9,000 • sauare feet of area. \o lots �7ithi n the subdivi- s on can neet the lot size requirement of the Ordinance Code. 2. a of lots, es•_^,ecialiv in the easterin uo=:.icn o the s:►bci.visio.:,!are subject tG a high [d2:11--ar tCable. "seater has been observed within less i..^_a"1 fdi:r (4). feet yJe=G:: theground Stir=ace. T e l_a m 3-ova and T. Davis - 2 - October 20, ?969 re-Talatiolnns require the ii aximu.- elevation 02 -;k-he water table to be at least _Our (C) reef below ground surface. 'i tis D. 'part ant, therefore, cannot approve of t e a; reasons stated MlS ' lr- Resolution iio. 69/201 of the 3oard of Supervisors, as a1 oef:ic_o i.?e Board Of D-_2cto--,s Of Contra Costa Co =Lj J ni tat=0^:'_ =SO?'_C'*- _,ZO. 15, States as a _00'__Cy twat no se-ptic tan:C S-r:il be t0 be installed On any undeveloped Toa-cel Of less -*Ln_--n 10,000 SGuare feet (exclusive of under- o'roand and surface easements) . Very truI v vours, CONTRA COSTA COD-N :i:PWTH DEPPRT •Lj1i Glen W. Kent, V.D. Health Of=icer G _C:' 2JC-:ss cc: p_ann.ing Department County Counsel Bu_1 diz-i ng Departent Public KOr':S Flood Control District ,nci neer-ng Associates Pleasant. hill Area Office 3Oara Of Supary=cors AFFIDAVIT 'OF NAILING In the Matter of f ixing ) hearing date for appeal of ) William Boyd from decision ) of County Health Department ) relating to installation of ) septic tanks, Subdivision ) FILED 3870, Bethel Island area. ) 5 -1969 STATE OF CALIFORNIA ) CLERK BOOARD o ASR HSORS s s NTRA PTA,CO. COUNTY OF CONTRA COSTA ) y Elsie Pigott _ , bsinpt duly sworn, deposes and says that she is now, and at all timaq herein mentioned was, - a citizen of the United States, over the age or 21 years; that. on the 5th day of November , 19 b9 , she deposited in the United States Post Office in the City of Martinez, County of Contra Costa, State of California, a certified copy of Board Order adopted November 4, 1969 fixing November 12, 1969 at 10:30 a.m. as time for hearing appeal of William Boyd from decision of County Health Department relating to installation of septic tanks, Sub- division 3870, Bethel Island area. to the following and that the postage thereon was fully prepaid: Mr. William Boyd 21 Bethel Island Road Bethel Island, California Subscribed and sworn to before me this 5th day of November 1969 Deputy Clark In the Board of Supervisors of Contra Costa County, State of California November 4 , 19, 69 In the Matter of Appeal from decision of County Health Department relating to Installation_ of Septic Tanks In Subdivision 38709 Bethel Island area. Dr. G. W. Kent, County Health Officer, having advised Mr. William Boyd, 21 Bethel Island Road, Bethel Island, California by latter dated October 10, 1969 that the Count; Health Department cannot approve of the tentative or final map of Subdivision 3670, "Willow Road :vest," for the reasons that said subdivision does not meet certain county ordinance code requirements and does not conform to the policy established by the Board of supervisors, as Ex Officio the board of Directors of Contra Costa County Sanitation District No. 15 in its Resolution No. 69/301, which policy does not permit installation of septic tanks in undeveloped parcels of less than 10,000 square feet (exclusive of underground and surface easements) ; and Mr. Boyd in a letter to the Board dated October 28, 1969, In accordance with Section 1207 of the County Ordinance Code having appealed the aforesaid administrative decision; VOW, THEREFORE, on motion of Supervisor T. J. Coll, seconded by Supervisor J. P. Kenny, Ii IS BY THE BOARD ORDERED that Wednesday, November 12, 1969 at 10:30 a.m. is fixed as the time for hearing said appeal in the Chambers of the Board of Supervisors, Room 107, Administration Building, Martinez, California; and IT IS BY THE BOARD FURTHER ORDERED that the Clerk transmit a copy of this order to the appellant which shall serve as notice of hearing. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, T. J. Coll, J. E. Moriarty. NOES: None, ABSENT: Supervisor E. A. Linscheid. I hereby certify that the foregoing is a true and correct copy of an order entered on the mkwW of said Board of Supervisors on the date aforesaid. cc: Mr. Boyd Witness my hand and the Seal of the Board of County Health Officer Supervisors Public Works Director (2) affixed :his lith day of November, 19 "69 Flood Control Engineer W. T. PAASCH, Clerk County Counsel B / i Planning Director jau;�( Deputy Clerk ar on u oee H 24-5/69-IOM -Wm: B©YD 21 Bethel Island Road Real Estate Investments Bethel Island, Calif. 684-2276 October 28, 1969 REC D W. T. PAASCH Board Of Supervisors CLERK BOARD OF SUPERVISORS P C TRA COSTA CO. Contra Costa County BY Deputy Martinez, California Gentlemen: Re: Subdivision No. 3870 Willow Road West I would like to appeal the administrative decision of the Contra Costa County Health Department as outlined in their letter of October 20, 1969. With reference to Paragraph 1, please be advised that all lots within the subdivision do contain 10,000 square feet or more. In their letter citing deficiencies of lot size, the Health Department is apparently referring to a requirement that the 10,000 square feet of lot area be exclusive of easements. The only reason these lots do not comply is that the County Flood Control Agency has requested that a right of way be offered for dedication which covers the levee. It is our feeling that the imposition of the "offer of dedication" of this right of way is unusual and unique, and warrants special consideration in the granting of a waiver of this requirement. With reference to Paragraph 2, this paragraph appears to be a complete misstatement of the policies and practices which are presently in effect here on Bethel Island, and which are presently being administered by the County Health Department. They mention that water has been observed within less than four feet below the ground surface. Bethel Island has been operating with the Health Department on a two feet to ground water rule, with two feet of fill. When we were having discussions with the sanitarian who made the on-site investigation, it was found that we do comply. It was found that conditions within the subdivision do not vary from conditions in other areas on the Island where septic tanks are currently being permitted. The smallest lot within this subdivision is 25% larger than the average subdivided lot already on Bethel Island. Board of Supervisors - 2 - October 28, 1969 With respect to the last paragraph, I would like to direct your attention to the letter from the Citizen's Advisory Committee of Sanitation District No. 15 to Mr. E. A. Linscheid, in which they were objecting to the imposition of a sewage treatment plant in this subdivision, and were encouraging the passage of this map using septic tanks. There was a meeting held on Bethel Island with Jack Port, the Citizen's Advisory Committee, Ed Linscheid, The Bethel Island Municipal Improvement District, and the County Health Department, to discuss this issue of septic tanks and lot size. At that meeting there was a general consensus from everyone in attendance that the subdivision should proceed with septic tankst We are now ready to submit our final map, having relied on the results of that meeting. At that time we had 22 lots in our map, and it was suggested that we eliminate one lot so that the remaining lots in the subdivision would be 10,000 square feet, with the under- standing that this would overcome all the objections to our map. We therefore request that relief from the Health Department administrative decision be granted, and that the final map be approved subject to our presenting a satisfactory completion bond. Yours very truly, Wm. Boyd WBAud prepaid, addressed to the person to be notified at his last known business or residence address appearing in the public records or in other records of the matter for which notice is given. Notice ► by mail shall be deemed served at the time of deposit in the United i States moil. i Section 1206. Proof of Serving Notice. Proof of the service !; of any notice may be made by the certificate of any officer or ew ployee of this county or by the affidavit.of any person more than eighteen (16) years of age. The certificate or affidavit shall show i service conforming to this code or other applicable law. S Section 1207. Appeal. Unless otherwise specially provided, ` any person aggrieved by an administrative action taken by any officer of this county under this code may appeal from the action } to the Board of Supervisors. A written notice of appeal, concisely stating the facts of the case and the grounds of appeal, shall be ! filed with the clerk of the Board of Supervisors within thirty(30) days of the action appealed from. The clerk shall then set the f 1 matter for hearing at a subsequent regular meeting of the Board of Supervisors and shall give the appellant written notice of the time and place of hearing at least five(S)days before the bearing. The decision of the Board of Supervisors,taken after the appeEWM h has bad an opportunity to be beard, shall be final and cowbui e. Division 3. C425truction of Provhions Section 1300. CoadmaGee of Bddding Law. Where they are substantially the same as existing law,the provisioes of this code f shall be considered continuations of existing law and shall not be considered new enactments. pp � s Seedw 136L Reefto Not a Affect dtieaoft The MOW of the subsections, seebons, chapters, Avi kmw and Wes of tW code shall not be eondrued to sffed the awaning of any pact of this code and shall bave W legal aged whatsoever. 1 1206-1301 • `fes J. GVEN � ALTltai t1lAlta 0l riCCR •- i�ICPNOKF.-2Za1 HEALTA DEPAkTMENT CONTRA COSTA COUNTY P.O. BOX U71 MARTINEZ, CALIFORNIA 94553 Octobera20, 1969 Davis rwti. 71 � EIVED William ovd T.and Bovd Real Estate 21 Bethel Island Road T. P A A S C H Bethel island, California 94511 CLERK BOARD OF SUPERVISORS CONTRA OSTA CO' By Deputy Gentlemen: Subdivision No. 3870 "Willow Road West" This Department has investigated the proposal for in- stallation of septic tanks for the above captioned subdivision in accordance with Division 6, Title 4, of the Contra Costa County Ordinance Code and the resolution of the Contra Costa County Planning Commission dated October 7, 1969 granting a variance from the conditions approving the tentative map. The results of the map review and field investigation reveal the following: 1. Six (6) lots (12 thru 17) contain less than 6,000 square feet of area, exclusive of easements, which represents less than 60% of the required minimum area by ordinance. Ter_ (10) lots contain less than 7,000 square feet of usable area. The bal- ance of the lots (5 lots) contain less than 9,000 square feet of area. No lots within the subdivi- sion can meet the lot size requirement of the Ordinance Code. 2 number of lots, especially in the eastern porion of the subdivision, are subject to a high water table. Vater has been observed within less than four (4) feet below the ground surface. The William Boyd and T. Davis - 2 - October. 20, 1969 • regulations require the maximum elevation of the water table to be at least four (4) feet below ground surface. This Department, therefore, cannot approve of the tentative or final map for the reasons stated above. Fur- ther, Resolution No. 69/301 of the Board of Supervisors, as ex officio the Board of Directors of Contra Costa County Sanitation District No. 15, states as a policy that no septic tank shall be permitted to be installed on any undeveloped parcel of less than 10,000 square feet (exclusive of under- ground and surface easements) . Very .truly yours, CONTRA COSTA /I COUNTY HEALTH DEPARTMENT Glen W. Kent, M.D. Health Officer GT K:TMG:ss cc: : Planning Department t County Counsel Building Department ,-Public Works -Flood Control District Engineering Associates Pleasant Hill Area Office -- •Board of Supervisors Wm. BOYD React Estate Investments 21 Bethel Island Road Bethel Island, Calif. 684-2276 October 10, 1969 Board of Supervisors Contra Costa County Martinez, California Gentlemen: Re: Subdivision 3870, Willow Road West We are ready to submit the final map for Subdivision 3870. We have received certification from Mr. Victor Sauer, Engineer Ex Officio, Contra Costa Sanitation District No. 15, that a sewage treatment plant and collection lines are not feasible. On October 7, 1969 the Contra Cbsta Planning Commission amended its requirements to eliminate the necessity of a sewage treatment plant. We have made an application to the County Health Department, which has determined that septic tanks will function on this 21-lot subdivision; however, an ordinance is in effect which requires lot area to be 10,000 square feet exclusive of easements. While these lots are 10,000 feet, Flood Control has made a requirement that we grant an easement for levee purposes over a part of these lots. We therefore request relief from the 10,000 square foot lot size exclusive of easements requirement. Yours very truly, Wm. Boyd WB/hud a. W. T. P :, ; SCH CLLR OA F SUPERVISORS A COST aY _ , - De ut o - ,I . 11 Subdivision �� BEFORE THE PLANNING CCvNISSION OF THE COUKff OF CORTRA COSTA Number 3870 fl STATE OF CALIFORNIA (LUP 197-69) In the Hatter of the Application for Approval of Variances From the `Conditions Approving the Tentative Map of Subdivision 3870 (LUP 197-69)/ WHEREAS, on the 8th day of January, 1%9, the tentative subdivision sap I 2 1Iwas filed with the Planning Office, and 3 I WHEREAS, the map was approved by the Planning Commission on March 11, L 4 11969, and 5 i, WHEREAS, the developers, William Boyd and T. C. Davis of Bethel Island, 6 'ion August 27, 1969, filed a variance from Condition Il, ani that septic tanks be 11 7 allowed. Condition No. 1 reads as follows: 8 "1. In lieu of individual septic tanks as proposed, the subdivider shat 9 install a publically owned and maintained sewerage treatment plant meeting the 10 ;requirements of the Central Valley Regional Water Quality Control Board and �i 11 !Contra Costa County Sanitation District No. 15. the plant and collection lints r 12 (shall become the property of Sanitation District no. 15, upon satisfactory car 13 pletion of construction." 14 WHEREAS, the staff having reviewer this request with the Department of 15 I�Public Works, Division of Sewage, Waste and Yater, and the County lealth Depart- 16 ant, AND NOW THEREFORE, 17 BE IT SO RESOLVED, that the findings of the staff are that the costs of 18 the construction of the package plant as required-in Condition Mo. 1 is not 19 (feasible at this time (See attached memo from Public Yorks Department), and that 20 the development of subject subdivision requiring this means of saw"* disposal 21 constitutes a hardship, and that the request should be granted, and 22 BE IT FURTHER RESOLVED, that the applicant proceed to process his tents- 23 Itive map in accordance with Division 6, Title 4, of the Contra Costa County 24 I(Ordinance Code, which section pertains to the review and installation of Lodi- vidual septic systems, and that the approval or disapproval et the w of 25 I 26individual septic systems shall be made prior to the recordation of the final I 'subdivision map. 27 28 II WHEREAS, the Planning Commission having considered the same and being 29 11 advised in the premises, 30 ! NOW THEREFORE, IT IS -RECOMMENDED, that the variance as requested be 31 {GRANTED subject to the staff recommendations. ! 32 The foregoing recommendation was made is a motion by Commissioner Lynch, I � ,subdivision i� :umber 3870 (LISP 197-69) �! r 1 seconded by Commissioner Jeha, and adopted at the Flassing C�issioa seetiag of 2 ( October 7, 1969 by the following vote: 3 I AYES: Comissioners Lynch, Jeha. Andrew and Artbapr Yost, MLIem, sed Ii Goyak. 4 NOES: None. (! ABSENT: Commissioner Shelton. 6 ATTEST: Anthony A. Dehseses 7 Director of Flauning 9 roan L. UsIversom Flaaaer ri 10 Current FlameiaS Sectio 11 NLH:lsv 12 cc - William Boyd and T. Davis Cornelius D. Klein 13 Public Works Department Building Inspection 14 Flood Control District Division of Real Estate 15 Federal Housing Administration Assessor's Office 16 File LUF 197-69 File Subdivision #3870 17 18 4 19 20 ' 21 22 23 24 25 26 27 �I 28 i 29 30 31 32 i IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA March 7 , 197 2 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 3872, Danville Area ) ) Deposit: $500 ) Auditor's Permit No. 76228 ) Dated August 21, 1969 ) Refund to: ) Century Homes Development Company ) P. 0. Box 306 ) Rheem Valley, California ) On February 211, 1970 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 7th day of March , 1972 cc : Public Works (2) W. T. PAASCH, CLERK Subdivider �/� By G Jlu L% �cC/ , Deputy Clerk Helen C. Marshall In the Board of Supervisors of Contra Costa County, State of California June 3 19' In the Matter of Exoneration of Tax Bonds on Tracts Nos. 3320 and 3827, City of Walnut Creek; 3860, City of Concord; 3876, Moraga Area, and 3872, Danville Area. The Office of the County Tax Collector (Redemption Department) having advised that the county taxes on properties included in the following numbered tracts have been paid in full and that surety bonds on said tracts may be exonerated: Tract Bonding Company Bond No. Amount 3320 - City of Walnut Creek United Pacific Insurance B-562370 $ 1,700 Company 3827 - City of Walnut Creek " " " it B-587703 139000 3860 - City of Concord ItB-58OLL44 2,800 ✓3872 - Danville Area Pacific Indemnity Company 328073 6,500 3876 - Moraga Area it if it 327421 23,000 NOW;-THEREFORE, on motion of Supervisor A. M. Dias, •seconded by Supervisor E. A. Linscheid, IT IS BY THE BOARD ORDERED that the above mentioned tax bonds are hereby EXONERATED. The foregoing order was passed by the following vote of the Board: AYES: Supervisors A. M. Dias, J. E. -Moriarty, E. A. Linscheid, T. J. Coll. NOES: None, ABSENT: Supervisor J. P. Kenny. 1 hereby certify that the foregoing is a true and correct copy of on order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors cc: Bonding Companies affixed :his 3rd day of June , 19 70 Tax Collector W. T. PAASCH, Clerk (Redemption Department) f �61 Deputy Clerk Anne M. 14cSor1 y H 24 12/69- IOM 0 ox o • }'�i f(-Q- `Li d'QN rsa oz Q 40 NO 2 UeOOV0waswo zu_z to cV <- N C� O ej N a1 r+ O 1r w Lu O =x cc p � 7 o w-J a at fb W ,d o s. izoa r a G -IOU W R W Z ooc-+ m O O cc h • W W M oYr y u y W ZNlw a. O 1 i LLa quo D c+1 r 7- U c Q Q� M= Z�'o rl • Fra p zS.N c+1 C +� 3 o r rP:A.CIPIC I1IJE��I��I1'IT GROUP a it►i L 1 jii f �. PAi.i -1r1C INOCMNITY COMPANY t Y9TXAS PACIFIC INDEMNITY COMPANY �.Ii]I [i;-�,;� r NORTHWESTERN PACIFIC INDEMNITY COMPANY 425 CALIFORNIA STREET • SAN FRANCISCO 94106 May 20, 1970 County Auditor Contra Costa County Martinez, California Subdiv. Tax Bond 328073 Subject: CENTURY HOMES DEVELOPMENT COMPANY To: Contra Costa County Subdivision 3872 Dear Sir: Pacific Indemnity Company is Surety on the bond above captioned which guarantees payment of taxes and all assessments collected like taxes for the fiscal year 1969-70. We shall appreciate your advising us if these taxes have . naw been paid in full , insofar as they apply to the above Principal so that we will know whether to terminate the file or continue it for another year. . Thank you for your assistance. Very truly yours, PACIFIC INDEMNITY COMPANY 011 E. McCloskey Bond Department J IN THE BOARD OF S UPERV IS ORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the platter of Completion ) of improveme tr and declaring ) certiin road as _ CQ y ) RESOLUTION NO. 70/95 oad Sukdivi�jo, j`` ) Va.=vtfle rea, kora{ Order 6735• ) WHEREAS the Public Works Director having notified this Board that Improvements have been completed in Subdivision 3$72, Denville area, as provided in the agreement heretofore executed by this Board in conjunction mith the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of estab- lishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 3872, Danville Area August 26, 1969 (Pacific Indemnity Company - Bond Fo. 326072) 7' IT PUIMIER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 76228 dated August 21, 1969) be :RETAINED 11( for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described road° , having been heretofore dedicated to public use by the filing af m��p in the office of the County Recorder, tie and the same � accepted and declared to be _ County road_ of Contra Costa County: �1 AaA IR C ':;RT (521/321/0-10) MORRIS RA`_XH ROAD (561/36'/0.23) BO%%R PLACE (521/321/0.07) ALEXANDER LANE (52'/329/0.11) as shown and dedicated for nublic use on the map of Subdivision 3$72 filed August 28, 1969 in Book 127 of Maps at Peas 46, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 24thday of Fe bruary 1 0 B by the following vote of the oard AYES: supervisors J. P. RFnny, A. K. Dias# J. E. Moriarty, E. A. Linschaid, T. J. Coll. DOLS: None, ABSENT: Pone, RESOLUTION NO. 70/55 Form 23.3 6/68/200 I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 21ith day of February 1970 . W. T. PAASCH, CLERK By e�zy V/. Anne M. McSorley Deputy Clerk cc: Recorder Public Works (2) Subdivider Form #11.5; 2-69-500 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 38729 Danville Area, RESOLUTION NO. 69/552 ) WHEREAS a map entitled Tract 3872 , property located in the DanXillo area , having been presented to this Board for app-rove , said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the 1969-1970 taz, which became a lien on the First of March, 1969, is estimated to be $69500; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4, Title 8, of the County Ordinance Code; Surety bonds issued by Pacific Indemnity Company with Century Homs Development Company, a corporation, as principal, as follows: No. 328072 in the amount of $849400 for Faithful Performance, and $84,900 for Labor and Materialcf Cash deposit (Auditor's Receipt No. 76228 dated August 21, 1969) in the amount of $500; and Taz Bond No. 328073 in the amount of $6.500 guaranteeing payment of estimated 1969-1970 tax Subdivision areement between Century Homs Development Co. , P. O. Boa 306, Rhe- em Valley, Cal o a, subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete road and street improvements, etc., in said subdivision within one year from the date of said agreement; RESOLUTION NO. 69/552 Form #23 NOW, THEREFORE, BE IT RESOLVED that said bond, lAA _._. 4and the smountL thereof be and. the same are hereby hP OVED. BE IT FURTHER RESOLiVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and. this Board doer not accept or reject on behalf of the public any of the streets, roads, avenues& or easements shown thereon as dedicated to Pnblis Use. PASSED AND ADOPTED this pAtk day of &,M.% 9 19-"1 by the following vote of the Boar : AYES° Supervisors J. P. Kenny, A. M. Dias, T. J. Coll, E. A. Linscheid, J. E. Moriarty, NOES: None. ABSENT: done. CE,RTIFIE,D COPY I certify that this, is a f,-ti. t!--:e (.rtrrect copy of the ori-i;.al doeurt-e-` ,v office. and that it :r:, . a ,(,ard of .Ciu7)ervis-r.-, Q. .' t,' .1. on the date clerk E e:.-ci'fiC?O C'_Ct'1:Ci.viii.i�Jau uF uai�i�:V1aGr$, by dep;:ty cleri:. o �I on cc: Public Works (2) Highvay,.Planning Subdiviftr RESOLUTION NO. 69/552 Form 23 68-6-200 ; ro Sli DIVISTON. AGREE:OENT (§1) Subdivision: 3872 (B. & P. Code §§1ZEZ1-12) (§1) Subdivider: CENTURY HOME— _ ,nEnj�OPMWT COMPANY (U) Effectiv2 Date: 6 ZL 69 (Contra Cosa Cozo-ttU (§1) Completion Period: _OWE )EA1Z Standard Form; 8-67) (§4) Deposits : A. (cash) $5O0. B. (bonds, etc-. } 1. (1 -1ti�f A perf. & maintenance) $ 84 400.00 2. (labgr,-materials) $ 900.00 Z. Parties « Pate. Effective on the above date, -the . County of Cont-ra Costa, California, hereinafter called "Co-knity , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Imoroyenents. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs , fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as reauired by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following-) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there .is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Praintenance. Subdivider guarantees that the work is and =r-ifl be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code 58429 ; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. d. Improvement SeCl(2'itu Deposit &. Bonds. Upon executing this Agreement. Subdivider shall, pursuant to Bus . & Profs . Code §110'12, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . B. Bonds , etc. : 0 - Fal-tlr zil PerTormiance) additional security for at least the above--specified arount, which is the total estimated cost of the work less $500 . in the form of a cash deposit , a certified or cashier' s check, or n acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of th` wo? k for -one year alter corpletion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance; plus (2 - LaCor- & Hate rials) another such additional security in at least the above-specified a nount, which is the full amount of said esti,.tated. cost, Securinc- `_ ayIian to he Coi?trc;Ctor, t0 his SUGCQntT3Ci:41'S ; and To Dersons ren-4-I:- eauincmiE.nt of f—n4 shine labor or materials to '`_hemi or to the Subdivider. . Warranty. Subdivider that said im!',D:z'oiie;?ent- plan is ade- G-..'.at-- to acco-manlish `U-his word as uroI :sed in Section 2 ;' and if at any o_me before IL-.he Count-,.-Is ..olu__oI_ of completion for ..he slit-division, the -1i-morovenent D!aT-hnrove. 'Lo be iI7ade.u -ve in any respect, Siibdivi- de'e shall make Ch G:; eB necessaryo 2: CG" s j" .��Sit the :':4i'ii 8.S p;_'O?ni ed. -1- L E Qitc�Q W. T. PAASCH CLERK DOARD CF SUPERVISORS NTRA COIITA OU^T GYM- °tr 6. No Waiver by C� Inspection of the work and/or materials, or approva of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said yor%,•arnd/or materials, or payments therefor, or any combination or all"of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the .failure, .to comply with any of the terms and. conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers, agents and employees; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing, liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Jon-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specificatior_(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 8. Costs. Subdivider shall pay when due all the costs of the work, ir_clua ni g inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. 10. Nonperformance and Costs. If Subdivider fails to complete the ;ork and im-provements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon don- and. If County sues to compel performance of this agreement or recover the cost of compleOling the improvements , Subdivider shall pay all reasonable attorneys' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. if before County accepts these i:�.provements, the subdivision is annexed to a city, the Cotulty may assign to that city the County' s rights under this agreement and/or any deposit or bond securing them. Z_^. Record Mao. In consideration hereof, County shall allows Subdivider to file and record said subdivision _nap, and recognizes this subdivision as one �er:�pl;r-" ilith State lairs and County ordinances . -2- A COUNTY OF CONTRA COSTA SUBDIVIDER: (see note below) By Century Homes Development Company, airinian, Board Supervisors c orporation B ATTEST: W. T. PAASCH, County Clerk grateo f fzciaZ'cap ae ityl & ex/officio Clerk of the Board in the business) President 6 By ,L,, Tote to Subdivider: (Z) Execute Deputy acknowledgment form below; and (2) If a corporation, attach a certified copy of (a) the by- FORT-1 APPROVED: JOHN. A. N'R_TEDLY laws or (b1 the resolution of Di trict Atvorne the Board of Directors, authori- 00, zing execution of this Contract By and of the Bonds required herebu. •DeDut�* k s3c Y %I 1t x z r •L u ;: :c iE ., i; r• ?i r. :i w :i - r. i is % .. ie � is �. a rr. # :: 3'• 5'%Cte Of CalifOrl7ia CS. (AcknJ 1.3dOiltent by Coroovation, Country= of Contra Costa `) Pai?tnai=sh .p or Individual) On G�"�- / ,?6 , the Dersen(s) :chose 22zre(S) is/aye si.lanea above for nub der and is '::1G cn to . e to be the individual and officeI' or pa7't�e.- aS stated abo- ho signed h1s inst-- ru"lent and ac- I k-nowledged to ,e he e.-z.-ecu-fled it and Lh_=L• the Co- DO_at ion of oa ner-- shio named above executed it . NNtttNtltlt/lNtt/tt111/I/INttINMIttNIMttl/tt11M1� �— '�"`--" Z OFFICIAL SEAQ. �' R. W. JENSEN = �� NOTARY PUBLIC CALIFORNIA ti n PRINCIPAL OFFICE IN THE 'COUNTY OF CONTRA COSTA IIIIN/INIt1111tIII!lIIIIII1111ItIN/t11IIIIIItIItIN1� i.oVrr,. T i-tG:.ic moo?' Jc:id C G ;Com. >' C (Subdiv. St:i. Fvr:70' (yF-9; Rev. 3-E7; 239) -3- BOND NO. 323072 Premium: $349.00 for the first 2 years IMPROVEMENT SECURITY BOND (Faithful Performance & Maintenance, AND Labor & Materials) (Calif. Bus. & Prof. Code §ZZ6Z2; Contra Costa County Standard Form) Z. OBLIGATION. (PrinczpaZ)Century Homes Development Comm2any, a corporation as Principal, and (Surety) PACIFIC INDEMNITY COMPANY a corporation organized and existing under the laws of the State of California and authorized to transact surety business in Californ a, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintenance) F /Inot.,n------Dollars ($84 400 0 ) for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials) EIGHTY-FOUR THOUSAND NINE HUNDRED and no/1OOths-----Dollars ($84 00 00 } for the benefit of persons protected under Cal. Bus. &Prof.Code §11612. 2. RECITALS. The Principal contracted with the County on 8I2(. 1(8-9 to install pay for street, drainage, and other improvements in Subdivi- sion No. 3872 , as per map now being filed with the County's Recorder, and to complete said work within one year from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors , subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect . No alteration of said contract or any pians or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on August 19, 1969 PRINCIPAL SURETY gtr� y Homes Developme ompan , PACIFIC INDEMNITY COMPANY porn By By �P�eSi ent W. rot ter - Attorney In Fact State of. California ) ss, County of ) (ACKNOWLEDGMENT BY SURETY) On , the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorney(s )-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Surety and his/their own name(s) as its Attorneys)-in-Fact. Notary Public for said County and State (Imp. Sec. Bond, CCC Std.Form) (HP-Z5;Rev. 8-67; 200) N STATE OF CALIFORNIA, City and County of_..._.5�-m Francisat�Y _.._.. ._}ss. On this......... .th A DOROTHY McRAE .-__.............day of_-_-____VSll$.-_.................19...63, before me. _.___......_..._......._ _................_...... a Notary Public in and for said County and State, residing therein duly commissioned and sworn, personally appeared---.---.... F. W. Trotter .._.._................_......-__..-•-- . _.... ____. ___ __.._ __._.._._•_•_. •-------......_.._..___...... ..........__._......_.......................-......-........ ......_... known to me to be the duly authorized Attorney-in-Fact of PACIFIC INDEMNITY COM- _ _ PANY, and the same person whose name is subscribed to the within instrument and he (she) `:acknowledged to me that he (she) subscribed his (her) own name as the Attorney-in-Fact for and �f., D0�t0?faY f'��C;!",7 on behalf of PACIFIC INDEMNITY COMPANY. a; IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the NaTARY Pt:3:.;C-CA.:... .� ;,,. y day and year in this Certificate first above written. `""• SAN FRA VSCO COUNTY Commission Expires April 9,2973 �� ^.�+•l` l �� v�J Notary Public in and for. & Co... of San Francisco County, State of California Form G1000 Rev. F (568) ACTION OF THE BOARD OF DIRECTORS OF CENTURY HOMES DEVELOPMENT COMPANY, A CORPORATION, TAKEN WITHIOUT A i1EETING The undersigned being all of the Directors of Century Homes Development Comnany9 a corporation, do hereby unanimously consent to the adoption of the following resolution, RESOLVED: That Harold W. Smith , President of this corporation be, and he hereby is, authorized to enter into on behalf of" this corporation, a subdivision agreement with the County of Contra Costa covering Subdivision 872 and to execute a performance fiend, labor and materials bond and tax bond, in connection therewith, together with such other documents and instruments as may be incident thereto , DATED: AUGUST 18, 1969 DIRECTORS: CERTIFICATE OF SECRETARY I, MARTHA-LEE SMITH , Secretary of CENTURY H014ES DEVELOPMENT , a corporation, do hereby certify and declare that the foregoing is a full, true and correct copy of a resolution adopted by action taken by unanimous write c n niA the board of directors without a meeting, dated ��{rUR �� , and that the By-Laws of this corporation authorized the directors to so act; and that said resolution is now in full force and effect. In testimony :-Thereof, I have hereunto: set my hand and affixed the corporate seal of said corporation this 18th day of August , 1969 Secretary (Affix corporate sea!) PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORK S DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 220.3000 DEPUTY PUBLIC WORKS DIRECTOR August 22, 1969 Subdivision 3872 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3872 in Supervisorial District III in the Danville area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is August 26, 1970. 2. A Surety Bond in the amount of $84,400 and a $500 cash deposit (Auditor's Receipt No. 76228 dated August 21., 1969) which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond in the amount of $84,900. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1970 tax, which became a lien on the first Monday of March, 1969, is estimated to be $6500. 5• Tax Bond in the amount of $6500 guaranteeing payment of estimated 1970 tax. The map is submitted for tiling by the Western Title Guaranty Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAUER Public Works Director By /F!L V. L. Mine Assistant Public Works Director Highway Planning JP:sc cc: Title Company Construction Division Planning Department G EMMETT HITCHCOCK ALFRED P. LOMELI COUNTY TREASURER-TAX COLLECTOR OFFICE MANAGER TAX COLLECTOR'S OFFICE PHONE 225-3000 EXT. 2384.2385.2386 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 FIRST INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF NOVEMBER ON THE TENTH DAY OF DECEMBER Juae16, 1969 SECOND INSTALLMENT OF TAXES SECOND INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF APRIL IF TEM TRACT IS NOT FILIED BY OCTOBER 31, 1969, THIS LETTER IS VOID This x311 certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 3872 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the nap. The current 1968-69 tax lien has been paid in full. Our estimate o tifT e_ tax lien, Which became a lien on the first or march, jAj, is $ 61,500.00. IIOH;TT HITCHCOCK Redemption Of r By: d1 . BOND NO. 328073 - BOND AGAINST TAXES Premium: $65. per annum AL L M,ENT F! ^".ESE PRESEN S: SAT CENTURY HOMES DEVELOPMENT COMPANY , as principal amu (Surety) PACIFIC INDEMNITY COMPANY a corporation o=�;arized and existing under the laws of the State of California and authorized to transact surety business in California as surety are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of SIX THOUSAND FIVE HUNDRED and 00/100 ----------__Dollars (� 6,500.00 ), to be paid to the said County of Contra Costa, for the payment of which will and truly to be made, v:e and each of us bind ourselves, our heirs, executors, adminis- trators and successors, jointly and severally, firmly by these presents. Sealed with our seals and dated this 19th day of August , 19 69 The conditions of the above obligation is such that Vn EREAS, the above bounded principal is about to file a map entitled Subdivision 3872 a_.d coverin,; a sub ivision of a tract of land in said County of Contra Costa, and t::ere are certain liens for tares and special assessments collecte:: as ;,a.:es, aSainst the said Tract of land covered by said map, taXeS anf sp`cial assessments collected as taxes, are not as yet fu:: or payabla. NO' ^ice F '0? if the said Princinal shall nay all o t.".,-e tares and snecia3 assessments collected as tad:es which are a lien a; ainst said tract of land covered by said map, at the time of the filinE of said man of said Tract, then this ob iGation shall be void and o:' no effect. Otherwise it shall re- main in full force anal effect. CENTURY HOMES DEVELOPMENT COMPANY A Cornoration nci By STATE OF CALIFORNIA, ss. Citi and County of—.»San FoO__ DOROTHY McR A".. On this--j.9-01.................day of—......_Q4$4I_S ..............19.69_. before me. ......................._....-.._.-..-.............. _ a Notary Public in and for said County and State, residing therein duly commissioned and sworn, personally appeared-..-_-....-----._- .......................................•-•--..........................._......................_..._..----.-......_.F....w..,_..Tr4t.ter----•-....•--•-•----•.......----•.........-•••.......-...............-----•» - - known to me to be the duly authorized Attorney-in-Fact of PACIFIC INDEMNITY COM- PANY, and the same person whose name is Subscribed to the within instrument and he (she) acknowledged to me that he (she) subscribed his (her) own name as the Attorney-in-Fact for and DOP.OTHY I1jcc nE on behalf of PACIFIC INDEMNITY COMPANY. ;�. IN \\'IT\ESS WHEREOF, I have hereunto set my hand and affixed my official seal the NOTARY PUBLIC•cau ;,e %e ,a day and year in this Certificate first above written. sap canxciSCO cauntr my Commission ExOT. s April 9,1973 Votary Public in and for__t& Co. of San Francisco County, State of California of San --- Form G1000 Rev. F (568) IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA September 7 197a In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 3876, Moraga Area, ) Work Order 6738 ) Deposit: $500 ) Auditor's Permit No. 73088 Dated April 14, 1969 ) Refund to: ) Besco Builders ) 2777 Alvarado Street ) San Leandro, California 94.577 ) On Nlay 12. 1970 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 7th day of September , 197 W. T. PAASCH, CLERK cc : Public Works (2) Subdivider - , By C. �1 , Deputy Clerk Helen C. Marshall .a In the Board of Supervisors of Contra Costa County, State of California June 3 19' 70 In the Matter of Exoneration of Tax Bonds on Tracts Nos. 3320 and 3827, City of Walnut Creek; 3860, City of Concord; 3876, Moraga Area, and 3872, Danville Area. The Office of the County Tax Collector (Redemption Depnrtrent) having advised that the county taxes on properties included in the following numbered tracts have been paid in full and that surety bonds on said tracts may be exonerated: Tract Bonding Company Bond No. Amount 3320 - City of Walnut Creek United Pacific Insurance B-562370 $ 1,700 Company 3827 - City of Walnut Creek " " " " B-587703 13,000 3860 - City of Concord B-5-30444 2,800 3872 - Danville Area Pacific Indemnity Company 328073 6,500 ./3876 - Moraga Area " it it 327421 23,000 NOW-i-THEREFORE, on motion of Supervisor A. M. Dias, 'seconded by Supervisor E. A. Linscheid, IT IS BY THE BOARD ORDERED that the above mentioned tax bonds are hereby EXONERATED. The foregoing order was passed by the following vote of the Board: AYES: Supervisors A. M. Dias, J. E. Moriarty, E. A. Linscheid, T. J. Coll. NOES: None, ABSENT: Supervisor J. P. Kenny. I hereby certify that the foregoing is a true and correct copy of on order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors cc: Bonding Companies affixed this 3rd doy of June 019 70 Tax Collector (Redemption Department) W. T. PAASCH, Clerk By ;��:; �/ J7�`tLG fL� Deputy Clerk Anne M. XcSor�y H 24 12/69- IoM p � :Y LL !u =t5 „I''1CI1010 I�DI~✓1i� TITS.' G ROUP -liINOCt.:t4ITY COMMANY t TEXAS PACIF'iC IN:OCtANITY COMPANY AUaliUA-G,i;i i,;vi.L7-R 5E-7PT. NOt4TH\YE3TCRN PACIFIC INOW4KITY COMPANY I 425 CALIFORNIA STREET SAN FRANCI5CO. 94106 May 21 , 1970 County Audi for . County of Contra Costa Mlartinea; gat ifoma . Sublect:'Subdivision Tax Bond No. -327421 BESCO, A PARTNERSHIP - Subdivision 3876. ' Dear Sir: Pacific Indemnity Company is Surety on the bond above captioned whi-ch guarantees payment of taxes and all assessments collected like taxes for the fiscal year We shall appreciate your advising us if these taxies have now been paid in full , insofar as they apply to the above Principal so that we will knaet whether to terminate the file or continue it for another year. Thank you for your assistance. Very truly yours, _ PACIFIC 11 DE1 SI!I T Y COMPANY ' E. McCloskey Bond Department IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain roads as County ) RESOLUTION N0. 70/264 roads, Subdivision 3876, ) Noraga Area, Work Order 6738- WHEREAS the Public Works Director having notified this Co Board that the construction of ti improvements have been completed in Subdivision 3876, Moraga '0 , - area, as provided in *the agreement heretofore executed by this A Board in conjunction with the filing of the subdivision map; o . pNOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of oestablishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement a 3876, Noraga Area April 22, 1969 (Pacific Indemnity Company - Bond No- 327126) BE IT FURTHER RESOLVED that the $500 cash deposit as surety O (Auditor's Receipt No. ?3088 dated Anril 14. 1969 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. o. BE IT FURTHER RESOLVED that the hereinafter described roads , having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the name nro aeceptcd and declared to be _ County roads of Contra Co;;tia County : CAMPOLINDO DRIVE (36/56/0.46) CORTE MATED (32/50/0.06) CAMPOLINDO COURT (32/50/0.06) CALLS LA MONTANA(36/56/0.21) CORTE DR RDSAS (32/50/0.08) CORTZ'MONTZ= (32/50/0.05) CORTS DEL CAMPO (32/50/0.07) CORPS AMIGOS (32/50/0.03) as shown and dedicated for public use on the map of Subdivision '3876 filed April 249 1969 in Book 126 of Naps at Page 8, Official Records.. of Contra Costa County, State of California. PASSED AND ADOPTED this 12th day of 1970 , by the following vote of the Board: AYES: Supervisors J. P. Bemy, J. S. N4riartys R. A- Linsohoids T- J. Coll. NOES: None. CERT.II'IED COPY ABSENT: &Wer•iaor A. K. Dias. I certify that this is a full, true & correct copy ai the original document which is on file in my office. and that it was nassed - adonted by the Board c Supervisors of Contra Costa County, California, o the date shown. _kr EST: W. T. P ASCH, count: RESOLUTION N0. 70/264 by &ex-officio clerk of said Board of Supervisors, by deputy clerk. cc: Public Works (2) ' County Auditor on'y94i Subdivider Recorder nfi V u_S d MAY 15 1970 ECA29 :rK 407 RECORDED AT REQUEST OF AT ;Z;�j z O'CLOCKlo \ M. CO"i COSTA COUNTY RLCWWE IN THE BOARD OF SUPERVISORS OF W. T. PAASCH CONTRA COSTA COUNTY, STATE OF CALIFORNIA COUNTY RECORDER FEE 3 4. In the Matter of Completion ) of improvements and declaring ) certain. roads as County ) RESOLUTION NO. 70/264 roads ,,/Subdivision 3876, ) Moraga Area. ) } WHEREAS the Public Works Director having notified this Board that the construction of improvements have been completed in Subdivision 3876, Moraga area, as provided in the agreement heretofore executed by this Board in conjuncticn with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 3876, Moraga Area April 22, 1969 ( Pacific Indemnity Company - Bond No, 327426) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor' s Receipt No. 73088 dated April 14, 1969 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads_, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be _ County roads of Contra Costa -County: CAMPOLINDO DRIVE (36/56/0.46) CORTE MATEO (32/50/0.06) CAMPOLINDO COURT (32/50/0.06) CALLE LA MONTANA (36/56/0.21 ) CORTE DE ROSAS (32/50/0.08) CORTE MONTEREY (32/50/0.05) CORTE DEL CAMPO (32/50/0.07) CORTE AMIGOS (32/50/0.03) as shown and dedicated for public use on the map of Subdivision 3876 filed April 24; 1969 in Book 126 of Maps at Page 89 Official Records. of Contra Costa County, State of California. PASSED AND ADOPTED this 12th day of May , 197 0 , by the following vote of the Board: AYES: Supervisors J. P. Kenny, J. E. Moriarty, E. A. Linscheid, T. J. Coll. CERTIFIED CGPY I certify that this is a full, true & correct copy of the original document which is on file in my office. NOES: None. and that it lv=is passPd F- -lrinnted by the Board of Rupervisors of Contra Costa County', California, or. ABSENT: Supervisor A. M. Dias. the date shovm. ATTEST: W. T. BA-3SCH, county clerk&ex-officio clerk of said Board of Supervisors, by deputy clerk. LCu / / U RESOLUTION N0. 70/26 alp cc: Recorder '� 8 Public Works (2) Subdivider In the Board of Supervisors of Contra Costa County, State of California Mag 12 19 70 In the Matter of Authorizing Refund of $60 Cash Deposit as Surety for Instal- lation of two Street Signs, Subdivision 3876, Moraga Area. On motion of Supervisor E. A. Linscheid, seconded by Supervisor J. P. Kenny, IT IS BY THE BOARD ORDERED that the Public Works Director is AUTHORIZED to refund to Gallaher and Burk, Inc, , Post Office Box 7227, Oakland, California, the 960 cash bond on deposit as evidenced by Auditorts Permit No. 81730 dated April 244 1970, said cash bond having been deposited to insure the inatal- lation of two street signs which have been satisfactorily installed. the Board:the foregoing order was passed by the following vote of ASS: Supervisors J. P. Kenny, J. E. fgoriarty, E. A. Linscheid, T. J. Coll. NOES: None, ABSENT: Supervisor A. M. Dias. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors cc: Public Works (2) affixed :his 12th day of May , i9 70 Auditor W. T. PMSCH, Clerk Gallagher and Burk, Inc . By lGrz1r }��. ,' t Ems, Deputy Clerk Anne M. 14cSorley j H 24 12/69- 10M IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 3876, Moraga Area. RESOLUTION NO. 69/259 } WHEREAS a map entitled Tract 3876 , property located in the , having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1968-1969 tax lien has been paid in full, and that the 1969-1970 tax liens which became a lien on the First of March. 1969, is estimated to be $23.000; and Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4, Title 8, of the County Ordinance Code; Surety bonds issued by Pacific Indemnity Company with Bosco# as principals as follows: No. 327426 in the amount of $115.400 for Faithful Performance, and $115.900 for Labor and Materials) Cash deposit (Auditor's Receipt No. 73088 dated April 14. 1969) in the amount of $5001 and Tax Bond No. 327421 in the amount of $23.0009 guaranteeing payment of estimated 1969-1970 tax; Inspection Fee 1n the amount of $5.795• Subdivision agreement between Bosco 2777 Alvarado Street. San Leandro. California 9 577 subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete road and street improvements, etc., in said subdivision within one year from the date of said agreement; RESOLUTION N0. 69/259 Form X23 NOW THEREFORE, BE IT RESOLVED that said bond s and deposits and the amounts thereof be and the same are hereby APPROVED. BE IT FURTHER RESOLVED that said subdivision agreement be and. the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same Is hereby APPROVED and this Board doer t acce t or re ec� sbehalf of the public aW of the streets, roe °ss ave 'ues o shown thereon as dedicated to public use. PISSED AND ADOPTED this 22nd day of April , 19;, by the following vote of the Board% AYES a Supervisors J. P. Ksnnys A. Me Dias. T. J. Coll. E. A. Iinschelds J. E. Moriarty. NOES None. ABSENT; None. Gefirl!'lED COPY t .ereil 4901 tk;s;.s/0. true &oorreet�s of des wi riu.t doc..nent:6;c6 ;, on/a. ;n ,err o//;,4 ad A--t sae Pa..ed&aJoj.i d by th.Board o/Sow. cc t Public Works (2) .:.are o/:.antra Contra Count?. CalJorsia. ou tke Subdivider ;ate rko-.. ATTLST. W. T.PAASCH.corny olwh & es•a;/.e;a Clark o/ said Board a/ S p,,Wo ra,J, risrt11 dark. RESOLUTION NO.691259 Form 23 PUBLIC WQRKS DEPARTMENT VICTOR W-SAUER CONTRA COSTA COUNTYF. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR GTH FLOOR, ADMINISTRATION BUILDING MARTINEZ, CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR April 15, 1969 Subdivision 3876 r. CEI _:Y; Honorable Board of Supervisors Administration Building Martinez, California W. T. P A A SC H f ILFRX SOARD OF SUPERVISORS Gentlemen: CONT 91 k COSTA CO. There is submitted for your approval the map of Subdivision 3876 In Super- visorial District III in the Moraga Area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is April 22, 1970. 2. A Surety Bond in the amount of $115,400 and a $500 cash deposit (Auditor's Receipt No. 73088 dated April 14, 1969) which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond in the amount of $115,900. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1970 tax, which became a lien on the first Monday of March, 1969, is estimated to be $23,000. 5. Tax Bond in the amount of $23,000 guaranteeing payment of estimated 1970 tax. The map is submitted for filing by the Title Insurance and Trust Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAU Public Work ire or BY V. L. Cline Assistant Public Works Director JP:sc Highway Planning cc: Title Company Planning Department Construction Division 1 SUBDIVISIGN AGREEM.ErIT (§1) Subdivision: 3876 (B. & P. Code §§116ZZ-12) (§1) Subdivider: Besco, a partnership 1 Effective Date: ,.; Z 6 (Contra Costa Ccuntu (§1) Completion Period: One Year Standard Form; 8-67) (§4) Deposits : A. (cash) 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) 4* 115,400.00 2. (labor,materials)$115,900 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner in accor- dance with accepted construction practices and in a mann�r equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and iv'_ill be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security : Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (1 - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less :500, in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance; plus_ (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full anount of said estimated cost, securing payment to the contractor, to his subcon'Ll-actors, and :.o persons renting equipm=ent or furnishing labor or materials tc them or to the Subdivider. {. Wa.rY'aY_t,y. Subdivider warrants that said improvement plan is ade-- .:i.:a.te to accomplish this S•:Grk -s promised in Section: 2 ; and if, at- any t_rl:e before the County ' s r'-solution of cGrlpletion for the subdit;i slop, th.e imarovement 'plan Uroves to be inadequate in any respect , S'. bdivi-- Lt r shal-I make changes necessary to accomplish the work as prom'Lscln. _l_ FLED � rR 22'.- T. PAASCH CLERK CCARD CF SUPERVISCRS CONTR COUNTY Lf,c.�L�` Deputy 6. No Waiver by County. Inspection of the work and/or materials , or approval of work and/or materialsinspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance. of the whole or any part of said work and/or materials , or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers, agents and employees; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined 'below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causinE liability are any act or omission (negli- gent or non--negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 8. Costs. Subdivider shall pay when due all the costs of the work, including inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. ZZ. Aasi.gnmnt. If before County accepts these improvements, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond sEcuring Z�. Record In co.nsiderati on hereof, County shall allow Subdivider tc file and record said subdivision map, and _recognizes this subdivision as oneccrt:plg .-ith State laws and County ordinances . -2- • i- :t STATE OF CALIFORNIA, SS. 1 ?� COUNTY OF Alameda , l UN A-oril 9th, , 19--6q' .i - before me, the undersigned, a Notary Public in and for said State, personally appeared V_ Y_ Yming,T-r- h i known to me f. i�- EENA 0. ZEMER ;? to be one of the partners of the partnership that executed the within Instrument,and acknowl- t r.' NO"'ARY P;JnLiC >, edged to me that such partnership executed the same. i ,. ALAMEDA CO., CALIFORNIA: WITNESS my hand and official seal. if j LENA O. ZEIFIER j MY commission expires W.� � NAME(TYPED OR MINTED) L Notary Pylic in and for said State. ACKNOWLEDGMENT—Partnership—.Wolcotts Form 236--Rev.3.61 COUNTY OF CONTRA COSTA SUBDIVIDER: (see note below) By TW-RQQt a nartnernh-i_n_ irman, Board oIVSupervisors • - BY ATTEST: W. T. PAASCH, County Clerk (Des nate fficial cap ity & ex officio Clerk of the Board in ,th business) BY e Note to Subdivider: (t) Execute Deputy acknowledgment form below; and (2) If a corporation, attach a certified cony of (a) the by- FOR.M APPROVED: JOHN A. NEJEDLY laws or (b) the resolution of ` District Attorney the Board of Directors, authori- zing execution of this contract By and of the bonds required hereby. Deputy * * * * * * * " * * * * * * * * T; * V * * a * * C * * * * * * * * * * State of California ) SS . (AckrowZedgment by Corporation, County of ) Partnership or IndiLi*dzsaZ) On , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the Individual and officer or partner as stated above who signed this instrtLment-, and ac- knowledged Lo r:e that he executed it and that the corporation or partner- sh_I.p named above executed i t . Notary Public for said County and State (Subdiu. !?grmt,. CCC St-`. Form) -3- t Bond No. : 327426 Premium: $ 869. 25 IMPR0VEc-NT SECU?KT Y BOAND (Faithful Performance & 1•:air;tcrance,• Ai:D Labor & 1%aterials) (CaZif. Bus. & Prof. Code §Z1612; Contra Costa County Standard Form) Z. OBLIGATION. (Principal) BESCO, a partnership," -as Principal, and ure y PAC1'FIC 1NDEi--1 IlY COi•PAriY, . • • • . a corporation organized and eyisting under the lairs of the State of California, and authorized to transact surety business in California, as Surety, hereby jointly and severally bind_ ourselves, our heirs , executors , administrators, successors and assigns to the County of Contra Costa, California, to pay it : •(A - -Faithful Performance, & r!zintenance) One hundred and fifteen thousand •four hundred: & ' 00 Dollars ($ 115.400.00 ) for itself or any City-assignee under the belowocited subdivision contract, plus (B - Labor & Materials ) 00 One hundred and fifteen thousand nine hundred & - IM Dollars ($ 11S '900.40 ) for the benefit of persons protected under Cal. Bus . &Prof.Code 11612. 2. RECITALS. The Principal contracted with the County on to install and pay for street, drainage, and other improvements in Subdivi- sion No. 3876 , as per map no,..., being filed with the County's Recorder, and to complete said work within One year from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, - then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors , subcontractors_, and persons renting equipment or furnishing --T-labor- or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve 'any Surety from lia- bility on this bond; and consent is hereby given to make such alterations -without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself. bound -without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the Judgment. SIGNED AND SE•nLED on APRIL 4th, 1969 _ • PRINCIPAL SURr.I BESCO� e Partnership PACIFY 1MJ)FMj-1TY_ G01-APAr•1Y By By Vahram Cherezi ^Attorney-in-fact it 3 ii is K a r % is i X 9c .. State of California ) ss. Counter of Alameda _-_) (AC ,0I11.1,'-t7C-:'•'EP11 BY SURETY) On Aprjl_;tli, tine per:;o:i(s) .-hose na:: (s) is/are signed above for Suraty and wlio is to me :.o be the Attorney (s)-in-Fact for this Coroorate Surety , personally apnearad before me and a.c1r:no,•rled ed to me that he/ihey s-te';: ed the name of the Corgi orae' on as- Surety :n4dis/i:Ile-r own name(s) as its - iEL- 1Vi. SEARAG hC�t:dl's'-Y'L1I'�i i.0 f02' S%.id County and C t:E _ + (/JItJ;It�t./ Sec. J CC`,r tt .f 0.''J7i) EMMETT HITCHCOCK ALFRED P.-LOAELI: COUNTY TREASURER-TAX COLLECTOR OFFICE MANAGER TAX COLLECTOR'S OFFICE PHONE 220.3000 EXT.2384•2385•2366 CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 FIRST INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF NOVEMBER + �[ ON THE TENTH DAY OF DECEMBER SECOND INSTALLMENT OF TAXES April ll, 1%9 SECOND INSTALLMENT OF TAXES DUE AND PAYABLE DELINQUENT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF APRIL IF THIS TRACT IS NOT FILED BY OCTOBER 31, 1969, THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: TRACT HO. 3876 and have determined from the official tax records that there are no unpaid County, taxes heretofore levied on the property included in the map. The current 1960-69 tax lien has been paid in full. Our estimate o tithe— tax lien, which became a lien on the first monday or march, �_, is $23,000•00 MOM HITCH CK Redemption 0 c r -7 Deptftt By: dl I STATE OF CALIFORNIA, SS. COUNTY OF Alameda 0 March 25, before me, the undersigned, a Notary Public in and for said State, personally appeared T, TT ;. V. P. Young Jr. known tome, to be one of the partners of the partnership that executed the within Instrument,and acknowl- "x edged to me that such partnership executed the same. WITNESS my hand and official seal. I s Notary lic in and ftj said State. ACKNOWLEDGMENT—Partmrship—woltotts Form 236—Rer.344 C:: :ILS i1ur. 28, Bond No. 327421 - BOiTD •�`NES Premium: $1724-50 KNOW ALL KEN BY TiFESE PRESENTS THAT BESCO, a partnership as principal and and PACIFIC INDEMNITY COMPANY as sureties are held and firmly bound unto the County of Contra Costa, State of California, in the penal stun of Twenty-three thousand & 00/100 = Dollars (523,000 .00 to be paid to the said 'County of Contra Costa, for the payment of which we and each of us bind ourselves, our heirs, executors, adminis- trators, and successors, jointly and severally, firmly by these presents. SEALED with our seals and dated this 19th day of MARCH 19 69- The conditions of the above obligations are such that WHEREAS,, the above bounded principal is about to file a Map entitled "Subdivision 3876, Contra Costa County, California" and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments -collected as taxes, against the said Tract of land covered by said Map, which taxes and special assessments collected as taxes, are not as yet due or payable. Now, therefore, if the said Principal shall pay all of the taxes and spec�IaT assessments collected as taxes which are a lien against said tract of land covered by said Map at the time of the filing of said Map of said Tract, then this obligation shall be void and of no effect. Othernwise, it shall remain in full force and effect. _BESCO, a partnership PACIFIC INDEMNITY C OMPAW Surety Vahram Cherezian A4rney-in-fact Surety STATE OF CALIFORNIA COUNTY OF CONTRA COSTA ss. and Sureties named in the foregoing bond, being duly sworn, each for himself says : That he is a freeholder and resident within said State and is mor--h the said sum of Dollars, over and above all his debts and 1�f iV es, exc us_ve o property exzampt frog. execution. Surety Sure -y Subscribed and sworn to before me -tris day of to - STATE OF CALIFORNIA, County of.......AlMe.......................J ss. On this.......Ifth._.............day of......March.................. 19.19, hefore me. a Notary Public in and for said County and State, residing therein fluty conintissioned and sworn, personally appeared..................._. ............................................... V a�ram Gh4� M.......................... .. ..... ... ___ ..... .__. known to me to be the duly authorized attorney-in-Fact of PACIFIC INDEMNITY COM- PANY, and the same person whose name is subscribed to the within instrument and he (she) acknowledged to me that he (she) subscribed his {htr) own name as the Attorney-in-Fact for and ;;tfrs:s:r:tr,tita+ct:uE.t ;ct a.;: :t::c:t-;x:. ott behalf of PACIFIC INDEMNITY COMPANY. c.t .;F i e r` IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official sea[ the (%s•.Y,. ++ t,�, day and year in this Certificate first above xvrittcn_ �;.ltfti'.i1RUdtd.a•✓IJtStiiSltt3tt�tt2►Ysat�ttic},@! (� ,. Notary Pubic for..-_.Q lAmed L _.._. County, State of California Form G1000 Rea.F(W) !I IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA October 26 , 197 1 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 3885, Shore Acres Area) Deposit: $500 ) Auditor's Permit No. 77304 ) Dated October 14, 1969 ) Refund to: ) Earl W. Smith Developers, Ltd. ) 11000 San Pablo Avenue ) El Cerrito, California 94530 ) (Work Order 6743) ) On June 30, 1970 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 26th day of October , 1971 W. T. PAASCH, CLERK cc : Public Works (2) Subdivider j ;. '�/ By F .0 a �J � , Deputy Clerk Helen C. Marshall In the Board of Supervisors of Contra Costa County, State of California December 15 , 19 70 In the Matter of Releasing Cash Deposit, Subdivision 38859 Shore Acres Area. The Board on June 30, 1970 having accepted as complete construction of improvements in Subdivision 3885, at which time a $120 cash bond was posted by the subdivision contractor to guarantee the installation of three street name signs which were not in place at the time final inspection was made; and The Public Works Director having reported that said street signs have now been satisfactorily installed; On motion of Supervisor J. E. Moriarty, seconded by Super- visor A. M. Dias, IT IS BY THE BOARD ORDERED -that the Public Works Director is AUTHORIZED to refund to Gallagher & Burk, Inc., 344 High Street, Oakland, California the $120 cash bond on deposit as evidenced by Auditor' s Permit No. 83214 dated June 26, 1970• The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Benny, A. M. Dias, J. E. Moriarty, E. A. Linscheid, T. J. Coll. NOES: None. ABSENT: None. , 1 hereby certify that the foregoing is a true and correct copy of an order entered an the minutes of said Board of Supervisors on the date aforesaid. cc: Public Works (2) Witness my hand and the Seal of the Board of Gallagher & Burk Supervisors affixed this 1 th day of December . 19 70 ,Q W. T. PAASCH, Clerk By% digeZ Deputy Clerk Mildred 0. Ballard H 24 6/70 IoM t In the Board of Supervisors of Contra -Costa County, State of California AS EX OFFICIO THE BOARD OF DIRECTORS OF CONTRA COSTA COUNTY SANITATION DISTRICT 110.7-A August !; , 19'-Lo In the Matter of Acceptance of Sewers and Appurtenances thereto in Subdivision 3885, Shore Acres Area. The Board on June 30, 1970 having accepted as complete construction of public street improvements in Subdivision 3885, Shore Acres Area; and The Public Works Director having advised that the construction of the sanitary sewers in said subdivision has been satisfactorily completed; On the recommendation of the Public Works Director and on motion of Supervisor E. A. Linscheid, seconded by Supervisor J. E. Moriarty, IT IS BY THE BOARD ORDERED that ther sewers and appurtenances thereto in Subdivision 3885 are hereby ACCEPTED for maintenance. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, E. A. Linschied, T. J. Coll. NOES: None. ' ABSENT: None. 1 hereby certify that the foregoing is a true and correct copy of an order adored on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Public Works (2) Supervisors Auditor affixed th�_jLtb_day of 6pWgt . 19 70 Administrator o W. T. PAASCH, Clerk Subdivider, By Deputy Clerk Attn: Mr. W. S. Peloyan Anne M. McSorley r H 24 IV69- 10M In the Board of Supervisors of Contra Costa County, State of California July 21 , 197-1- In 47In the Matter of Accepting aad Declaring Port Chicago Highway Widening as a County road, Subdivision 3885, Shore Acres Area, Work Order No, 6743• The Board on June 30, 1970 having declared as complete improvements in Subdivision 3885, Shore Acres area, and the Public Works Director having advised that at that time the accept- ance of Port Chicago Highway Widening was inadvertently omitted; NOW, THEREFORE, on the recommendation of the Public Works Director and on motion of Supervisor A. M. Dias, seconded by Supervisor E. A. Linscheid, IT IS BY TKX. BOARD ORDERED that it hereby accepts PORT CHICAGO HIGHWAY WIDENING (south of Pacific Avenue ) as a County road, as shown and dedicated for public use on the map of Subdivision 3885, filed October 23, 1969 in Book 1.28 of Maps at Page 29, Official Records of Contra Costa County, State of California. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, E. A. Linseheid, T. J. Coll. NOES: Mone. ABSENT: Supervisor J. E. Moriarty. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of Ow Board of Supervisors affixed this?_1 a_t day of Jul r , 19 7D- cc: Recorder W. T. PAASCH, Clerk Public Works (2) Byg,,.,t pity Clerk Subdivider Anne M. McS le y H 24 12/69- 10M k ,,x161 4611 RECORDED AT REOESI or, JUL —1 1970 L _ nn ATI..1:-1 J�U,CL�CK97u CON= COSTA :OUND FICORW IN THE BOARD OF SUPERVISORS A T. PAASCN OF dCOUN T Y RECOROER CONTRA COSTA COUNTY, STATE OF CALIFORkly, C In the Matter of Completion ) of improvements and declaring ) certain roads as County ) RESOLUTION NO. 70/375 roads, (Subdivision Shore Acres Area, ) work Order 6743. ) WHEREAS the Public Works Director having notified this Board that improvements have been completed in Subdivision 38859 Shore Acres area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 3885, Shore Acres area October 10, 1969 (Transamerica Insurance Company - Bond No. 5260-16-32) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 77304 dated October 1h. 1969 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads, having been heretofore dedicated to public use by the tiling of map in the office of. the County Recorder, be and the same are accepted and declared to be _ County roads of Contra Costa County: i RIVERSIDE DRIVE. (40/60/0.06) RIVERSIDE COURT (32/52/0.06) RIVERSIDE PLACE (32/52/0.13) which are shown and dedicated for public use on map of Subdivision 3885 filed October 23, 1969 in Book 128 of Maps at Page 29, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 30th day of June 197Q, by the following vote of the Boar AYES: Supervisors J. P. Kenny, A. X, Dias, J. E. Moriarty, T. J. Coll. NOES: None. ABSENT: Supervisor E. A. Linscheid. RECEIVED JUL 10 1970 RESOLUTION NO. 70/375 W T. PAASCH CL17K RD OF SUPERVISORS TRA COSTA CO. py Deputy i/ eolf8fi I HEREBY CER2IFY that the foregoing is a true and correct copy of a resolution entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 0th day of June 19 _ZQ• W. T. PAASCH, CLERK By Anne M. McSor ey Deputy Clerk cc: Recorder Public Works (2) Subdivider } END OF. DOCUMENT Form #11.5; 2-69-500 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain roads as County ) RESOLUTION NO. 70/375 roads, Subdivision 3885, ) Shore Acres Area, ) Work Order 6743. ) WHEREAS the Public Works Director having notified this Board that improvements have been completed in Subdivision 3885. Shore Acres area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 38859 Shore Acres area October 10, 1969 (Transamerica Insurance Company - Bond No. 5260-16-32) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor' s Receipt No. 77304 dated October 14, 1969 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be _ County roads of Contra Costa County: RIVERSIDE DRIVE (40/60/0.06) RIVERSIDE COURT (32/52/0.06) RIVERSIDE PLACE (32/52/0.13) which are shown and dedicated for public use on sap of Subdivision 3885 filed October 23, 1969 in Book 128 of Maps at Page 29, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 30th day of Aws , 197 0 , by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, T. J. Coll. NOES: None, ABSENT: Supervisor E. A. Linscheid, RESOLUTION NO. 70/375 1 r I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this ... .3oth ._ _day of � ane 19 ...2�..- W. T. PAASCH, CLERK BY. Anne M, McSor ey Deputy Clerk { i cc: Recorder Public Works . (2) Subdivider 1 i Form #11.5; 2-69-500 i IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of SubdW ion Map of ) Tg:: 3t3 �, Shore Acres ; RESOLUTION N0. 69/688 WHEREAS a map entitled Tract 3885 , property located in the Shore Acres area , having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the 1969-1970 tax, which became a lien on the first day of March, 1969, is estimated to be $3,900; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4, Title 8, of the County Ordinance Code; Surety Bonds issued by Transamerica Insurance Company with Earl 4. Smith Developers, Ltd. as principal, as follows: Bond No. 5260-16-32 in the amount of $55,200 for Labor and Materials, $54,700 for Faithful Performance, and cash deposit (Auditor's Receipt 'No. T7304 dated October 149 1969) in the amount of $5001, guaranteeing completion of public road and street improvements; Bond No. 5260-16-33 in the amount of `3,900 guaranteeing payment of estimated 1969-70 tax; Earl W. Smith Developer--, Ltd., 1100@U9&vWP& mmW°rib! af$ , subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete road and street improvements, etc., in said subdivision with_Ti conn lyesr�'97�) the date of said agreement; � 1 RESOLUTION NO. 69/688 Form #23 NOW9 THEREFORE, BE IT RESOLVED that said bonds and Aaafto and the amount sthereof be and the same are hereby APPROVED. BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenuea or easements shorn, thereon as dedicated to public use. PASSED AND ADOPTED this 21st day of October 9 19-A929 by the following vote of the Board.- AYES: oard;AYES: Supervisors J. P. Kenny, A. M. Dias, E. A. Linscheid, J. E. Moriarty, NOES: None. ABSENT: Supervisor T. J. Coll. CERTinm COPY 1 certify that this is a full, true & correct copy of the original document which is on file in my office. and that it was passed adored by the Board of Supervisors cf Corti:a Costa CountL, California, or the date shown. A'17':--Eq-r: W. T. P_ -kSCH, county clerk&ex-officio clerk of said Board of Supervisors, by deputy clerk. RESOLUTION NO. 59/688 Form 23 *r, . ^ SLiE�D VISIO :,C:;L E d (S 1} Subdi vizi�% 3885 (S1) Subdivider: EARL W. SMITH DEVELOPERS,LTD. 1 Effective Date : October 10, 1969 (ccs.vra co to countu (§1) Completion Period: October 10, 1970 Form • 8-67) (y'' } Deposits : A. (cashT:�500. B. (bonds , etc. ) 1. (faithful perf. u maintenance) 54,700.00 2. (labor,materials) $ 55.200.00 ?. Par'::es & Dame. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdividers, mutually promise and agree as follows concerning this subdivision. T--n2,�ya,:.ar:�s. Subdivider shall construct, install and complete road and street improvements , tract drainage, street signs , mire hydrant-s, and all i morovements as required by the County Ordinance Code; especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved isprove: ent plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above coir�pletion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , ir_ a good workmanlike manner, in actor- . dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall c-overn. J. Guarantee & 1iaintenance. Subdivider guarantees that the work is and :=i-11- be free from defects and will perform satisfactorily in actor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion_ and acceptance against any defective • r:orltmanship or materials or any unsatisfactory performance. 4. 1:1:'Jroyement Secu_nity: Deposit 3 Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs. Code §110'123 deposit, as security with the County: A. Cash : $500 cash; together with . . . . . . . . . . . . . . . . . . . . . 3. Bonds , etc. : (Z - FaithfzaZ Performance) additional security fcr at least the above-specified amount, which is the total estimated cost of the work less 5500, in the form of a cash deposit , a certified or cashier' s check, or an acceptable corporate surety bond, guaranteeing his fa_thfu1 performaance of this agreement and maintenance of the ,,ork for one year after cowipleti on and acceptance thereof against any def ec- tive workmanship or materials or any unsatisfactory performance ; plus Mater als} another such additional security in at least the above-specified amount, which is the full amount of said estimated rz cGst , :.ecuring pcayilent to t'a'le contractor, to his sL'bcontraC-vors , a"" to aerscns renting equipment or furnishing labor or materials to the;^ or to the Subdivider. C. :jam" 'Qz.L• Subd'!V_. er :iarr ants that said improv-ment 'flan is ade- clua-e�to accompiisll this work as promised in Section c ; and if, at any time before the County' s resolution of coir:pletion for the subdivision, V :e imn. rove en,. ilian proves to be inadeouate in any respect, Subdivi- Ger shall ma=:e C_a-r-Ees necessary wo accomplish the L4ork as promised. �) i�77 r57. �-i.7 cam.,>• ✓'1 CO:j_1! —.,)n o... herk and/or •s 7r �. a. d/G s':aLe2 ialS, or anorova l of and/or -nsnec ted, or statem n—u by any office'' a-er : e:^'?._OVA•:' 3f the County ...ndi—catii:g, the :'iOr:<" or any part thereof coF^_"dies viith tnP. requiref:'en is Of this agreement , or acceptance of the whole or any part Of said work G.d/on materials , Or paymien's '„here f or, or an- combination Or all of these acts, shall not relieve the Subdivider o; his obligation to fulfill this contract as prescribed; nor shall t:ne County be thereby estopped from bring- ing any action _'or damaces a_"'is'i from the failure to comply @:ith any of the terms and conditions hereof. 7. I7:demn it?,. Subdivider s hall hold harmless and indemnify the indemnitees from the viabilities as defined in this section: 4 - Tiie !ndernitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards , commissions , Of_icers, agen'.ts and employees ; B - ^he ! La-b--! L t_ie-s protected against are any liability or claim for damage of any '.find allegedly suffered, incurred or threate:Zed because of actions defined below, and including personal injury, death, property damage, inverse condeir-nation, or any combination of these, and reg rdless of whether or not such liability, clair. or damage was unforeseeable at any time before the County approved the improvement plan or accented the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these ; C - The actions causing li.abilit�, are any act or omission (negli- gent or non-negligentT in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee o one or more of them; J - Non-Conditions : The promise and agreement in this section; is not conditioned or dependent on whether or not, any Indemnitee has pre- pared, supplied, or approved any plan's) or specification(s) in con- nection wit1h this :vor-: o_° subdivision, or :has insurance or other in- demnificatien co erin" any of these matters . 8. Costs. Subdivider shall pay tirhen due all the costs of the work, inclua�n� inspections thereof and relocating existing utilities re- quired thereby. • 9. Su_^y`ys. Subdivider mall set and establish surrey monuments in accordance ::nth the filed map and to the satisfaction of the County Road Corm:_ssicner-Surveyor. Z0. Ponperformance and Coc"ty If Subdivi-der 'ails to complete the work and lrmrover en-s t`he time specified in this agreement or extensions granted, CC-u'nty may proceed to complete them by contract Or Otherw4 se , grid Sub di ViG'G_ ��c:ll pay t�hQ COStS grid Charges there- for immediately upon demand. Tf COV.n" y sues to Compel performance of this agreeme--nt or recover tihe cost Of completing ',.;he -improvements , Subdivider shall pay all T'eas'.o able attorneys ' fees, cOsts of cult and all other expenses of l".tt;fiction _rcurr'ed by County in connec .ion therewith.. ZZ. AssZQiinie%:1. If be.:c,:re t',c,unzy accepts Lhese i^L`roveuantu-S , t;-. )e :i::bdivizion =S annexed Lo a City, the- County may aSs=gn to t h at City the Count-y' S rights Llr_der t iS agreement arid/or any deposit or gond 7,_ . P2,2J_•w hereof, County Shall allow Subdivide= C, _iS� and ='Ecord -c-aid 5i=: di tiSiUh= map , and recognLzes this subdivision 2S Ghi= CG C_ r'i ;;_t .c i. Le !c:IS and :au_nty ordinances . _7_ COUNTY OF CONTRA COSTA SUBDIVIDER: (see note below) EARL W. SMITH DEVELOPERS, LTD. ,a partnershi. By BY: EARL W.SMITH DEVELOPMENT ORGANIZATION, .airman, Board of Supervisors a corion, General P ner L Bye ��,c;Cl �,r, -jj:&G_dice Pres. ATTEST: W. T. PAASCr, County Clerk (Designate of ficiaZ&apacity c ex: oflicio Clerl of he Board in the business) By 11ote to Subdivider: (Z) Execute r Deputy acknowledgment form beZow; and (z) =f a corporation, attach a JOHN B. CLAUSEN, County Counsel certified copy of (a) the by- -FORM APP?O�T-D: /til-alujYMMMI Zaws or (b) the resolution of the Board of Directors, authori- -ing execution of this ccn. race By and of the bonds required %ereba. Deputy .. Y Y •. '.'.� :.� .. .. .. 7: :1 At T .. .. * * 3: .. * X State of California ss (Acknowledgment by Corporation, J Q Count- of CONTRA COSTA } Partnershi7 or individual) Or October 10, 1969person(s) whose r.3me(s) t s/are signed above fo-- Subdivider a ; who is known -o -ne to be the individual a:3,- v(' pug:: e» as Si.3i.Cu a:�OVe who Signed this1nS-ruI'�e:? , and ac- know d�—ed o ,.h?L he executed it and that the coriloration or far ner- IOIIl1/11111amllryulunun nFFiCi �EA AL u, li1L = MARCIA J. BtALS 2 ma:}� NO!Ativ aa.;,:.C:.0-U;.v;A • = COUNTv U�C'-'%TR4 C05TA 3 My Cemmiisicn Ezplrci itptsmber IJ.1972 Marcia J. Beals r�1l1lIlIIYlllilillllll/IIIII31t11t:11t1111/t1131111t11110 —' :v pry ?,.:U'-Lc for said County tate . Sub v. fig. �CC Cts'. PormJ (HP-9; Pay. 2-r:7; 2CJ) E X C E R P T F R 0 M MINUTES OF THE ANNUAL MEETING OF THE DIRECTORS AND SHAREHOLDERS EARL W. SMITH DEVELOPMENT ORGANIZATION January 20, 1969 Next, upon a motion made, seconded, and passed, the following directors were elected, each to his respective office: Earl W. Smith - President William S. Peloyan - Vice President T. A. Eskelin - Secretary-Treasurer Duncan M. Smith - Assistant Secretary-Treasurer Next, the Board entered into a general discussion of the business affairs of the corporation. While the mentioned discussion covered a wide range of topics, no conclusions were reached or actions taken as a result of the discussion. Next, a notion was made, seconded, and passed, giving (1) full approval to all acts of the officers as such were carried out in behalf of the corporation during the past year, and (2) granting full authority to the officers to act in all matters pertaining to the operation and business of the corporation during the upcoming year. Thereupon, the annual meeting was adjourned. /s/ T. A. Eskelin T. A. Eskelin, Secretary-Treasurer I hereby certify that the above is a true and exact copy of an except from said minutes. Lama I at l gill atoll atoll III 1111l1 I I Its 1111t11111111111utls MAST J. BEATS L covNTY o couraA M;TA Marcia J. Bears, Notary Public ` MV Commission Upires Septi•^•Oer 20,1972 - Y= - State of California ■uvula,ntutuntuuunwlrtucununutlulul�i A PUBLIC WORKS DEPARTMENT $AUER CONTRA COSTA COUNTY F. BROWN PUBLICBLIC WORKS S DIRECTOR CHIEF DEPUTY PU BLIC WORKS DIRECTOR ROAD COMMISSIONER•SURVEYOR 6TH FLOOR, ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 229.3000 DEPUTY PUBLIC WORKS DIRECTOR October 16, 1969 Subdivision 3885 Honorable Board of Supervisors Administration Building Martinez, California Gentlemens There is submitted for your approval the map of Subdivision 3885 in Supervisorial District V in the Shore Acres arms. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is October 10, 1970. 2. A Surety Bond in the amount of $54,700.00 and a $500.00 cash deposit (Auditor's Receipt No. 77304 dated October 14, 1969) which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended* 3. Labor and Materials Bond in the amount of $55,200.00. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1969-70 tax, which became a lien on the first Monday Of March, 1969, is estimated to be $3900.00. 5• Tax Bond in the amount of $3900.00 guaranteeing payment of estimated 1969-70 tax. The map is submitted for filing by the Western Title Guaranty Company under the pro- visions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. ER Public War s Dire r ey V. L• C ine Assistant Public Works Director RGAssc Highway planning ccs Title Company Planning Department Construction Division EMMETT HITCHCOCK EDWARD W ZEAL JR COUNTY TREASURER-TAX COLLECTOR ASSISTANT TAX COLLECTORS OFFICE COUNTY TREASVRER.TAX COLLECrOP • P,MQNI.229:• ^O - ALFRED P LOMELI -EMT ;71" 2307 CONTRA COSTA COUNTY TAM OF•-�E MANAGER FIRST INSTALL-ENT Of TAMES FIRST INSTALLMENT OF TAXES MARTINEZ, CALIFORNIA 94553 DE UNGUENT DUE AND PAYABLE: ON THE TENTH OAT OF DECEMBER ON THE FIRST DAY OF NOVEMBER October 13, 1969 SECOND INSTALLMENT OF TAXES SECOND INSTALLMENT OF TAXES OELINOUENT DUE AND PAYABLE ON THE TENTH OAY OF APRIL ON THE FIRST DAY OF FEBRUARY IF HIS TRACT IS IDT FILED BY OCTOBER 319 19699 VIS LETTER IS MD This will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 3885 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1..�._ tax lien has been paid in full. Our estimate of the 1969-7g_ tax lien, which becme a lien on the first day of March,,3.969_, is $,3.900.00 ORRM. EMTT HITCHCOCK Redemption Offiegr By: De dl • Bond No- 5260-16-33 Premium: $39.00 y01,10 A GA Tj\ST -TAXES KNOW ALL :':EIV BY T IESE P RESE1,1 'S: THAT .EARL W. SMITH DEVELOPERS, LTD., a partnership , as principal and (Surety) TRANSAMERICA INSURANCE COMPANY , a corporation oranized an existing under the lays of the State of California and authorized to transact surety business in. California as surety arc: held and firmly bound unto the County of Contra Costa, State o- California, in the penal sum of THREE THOUSAND NINE HUNDRED and no/100thn - - - - Dollars ($3,900.00 ), to be paid to the said County of Contra Costa, for the payment of which well and truly 'Co be made, ire and each of us bind ourselves, our heirs, executors, administrators and successors, jointly and several15 , firmly by these presents. Sealed -r:ith our seals and dated this 10th day of October , 19 69 The conditions of the above obligation is such that TrMREAS, the above bounded principal is about to file a map entitled Subdivision 3885 r a and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said Tract of lan4 covered by said map, which taxes and special assessments collected as taxes, are not as yet due or payable. NOW, THEREFORE, if the said Principal _ shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said map, at the time of the filing of said map of said Tract, then this obligation- shah be void and of no effect. Otherwise it shall re- main in full force and effect. EARL W. SMITH DEVELOPERS, LTD,, a partnersh: By: EARL W, SMITHDEVELOPMENT ORGANIZATION, i r nc p r By• t William S. Peloyan, v ce President 3M TRANSAMERICA INSURANCELCOMPrAANY A CKNOWLEDGEMENE-1 jWe—ty (BY SURETY) By: . j/- e,&,2/. , State of California R• W, Mayt , ire A orney-iII Fact City and County o f San rraacisco . County in which acknowledgement is taken On Oct. 100 1969 , before me, Lillian G. Horton , a No teary P: u_:.C, and' for said County and State, personally appeared R. lire Maytham, Jr. known to me to be Attorney-!in-Fact of the corporation that'* executed ti:e ..,i t'h n instr;tmen� and also knG:•n to ;ie to be the person_ Who executed it On behalf O: cornoration and ackno led;�ed to m that. such co: aoration execute:' the :rito-hiY ,in_-trum.ent pur" t0 itS by-� '�:S O. �esllion Oi t LILLIAN G.' HOUGH sn a.::.��ori I,o Un _ e ype o print. ,._ ii0TAR1 PU3L!C-i'!' �E!HIA Z name of notary CITY MW C,),J%'r;F NOTARY PUBLIC � SAN FRANCISCO • My Commission Expires May 2,1973 Z r Bond Nio. 5260=16-32 Premium: $828.00 IMPROVEMENT SECURITY BOND (FaithfuZ Performance 6 Maintenance, AND Labor & Materials) (CaZif. Bus. & Prof. Code §ZZ6Z2; Contra Costa County Standard Form) Z. OBLIGATION. (Princ2paZ) EARL W. SMITH DEVELOPERS, LTD, as Principal, and ure U TRANSAMERICA INSURANCE COMPANY a corporation organized and existing under the laws of the State of California and authorized to transact surety business in California, as Surety, ere y jointly and severally bind ourselves, our heirs, executors , administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintenance) FIFTY FOUR THOUSAND SEVEN HUNDRED and no/100ths - - - - - - - Dollars ($ 54,700.00 ) for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials) FIFTY FIVE THOUSAND TWO HUNDRED and no/100ths - - - - - - - - Dollars ($55+200.00 ) for the benefit of persons protected under Cal. Bus. &Prof.Code §11612. 2. RECITALS. The Principal contracted with the County on i to install and pay for street, drainage, and other improvements in Subdivi- sion No. 3335 , as per map now being filed with the County's Recorder, and to complete said work within one year from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the ,judgment. SIGNED AND SEALED on October 10, 1969 PRINCIPAL EARL W,sMITH DEVELOPERS,LTD. SURETY a partnpr ship, By: EARL W,SMITH DEVELOPMENT ORGAKIZATION, a corporation General Partner TRANSAMERICA INSURANCE CO, ANY By 'r, By jL )06 William S. Peloyan, Vice Pr dent R. W. bis t , Jr., torney-in- act State of California ) ss, County of San Francisco ) (ACKNOWLEDGMENT BY SURETY) On October lo, 1969 , the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorneys)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporati as Surety an his/their own name(s) as its Attorneys)-in-Fact. Tr•. - N�1Nf i IJ� L �..� yll: CITY. , Jr {•, otary ub ,r . , , 9r p@4- ( Qr Y end tate (Imp. Sec. ion CCC �tid:7o nth i i;r1�� ` HOia=Y F ,;i 7a�+ 1? � u••-r• 1 VULiil�JN. un1 N (BP—Z5;Rev�)8-6,#' C�)oa Expires •, y 2.1:13 ti 's 7y_, C,rr AND C:I)w;r,of SAN FRANCE 1 fly Caarrdssion Expires Mnay 2,1913 '.cc-pr's cc c_=.c%:;�:=;��: ...ern"�•�. i IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Subdivision 3887, Wghtsen ) RESOLUTION NO. 70/81 Area. ) ) 'WHEREAS a map of Subdivision 3887, Xmightsen area, having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid county taxes heretofore levied on the property included in the map, and that the current 1969-1970 tax lien has been paid in full; and Letter from the Public Works Director stating that said map is submitted for filing under the provisions of the County Ordinance Code and all required deposits and fees have been paid; and WHEREAS the Public Works Director having advised that there are no public street or drainage improvements, hence subdi- vision agreement is unnecessary; NOW, THEREFORE, BE IT BY THIS BOARD RESOLVED that said map is APPROVED and the Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements thereon as dedicated to public use. PASSED AND 20OPMD this 17th day of February, 1970 by the following vote of the Board: AYES: Supervisors J. P. Kenny, J. E. Moriarty, E. A. Linscheid, T. J. Coll. NOES: None. ABSENT: Supervisor A. M. Dias. CERTIFIED COPY I certify that this is a f1l1l, true & correct copy of the original document whi^h is on file in my office. and that it was a;ls.sc.ra s, ariontc1d by the Board of Supervisors of Contra Cts;:t2Cou.t}, California, or, the date shown. ATTEST: V. T. P_�AGi. county clerk&ex-officio clerk of said Board of Supervisors, by deputy clerk. r onA_-46 .-�- /G/D c : Public Works (2) -- Planning Administrator Subdivider RESOLUTION N0. 70/81 PUBLIC WORKS DEPARTMENT VICTOR SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 8TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 96553 R. D. BROATCH TELEPHONE 228-3000 DEPUTY PUBLIC WORKS DIRECTOR February 9, 1970 Subdivision 3887 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3887 in Supervisorial District V in the Knightsen area. There are no improvements required. The map is submitted for filing by the Western Title Guaranty Company under the provisions of the County Ordinance Cade and all required deposits and fees have been paid. Very truly yours, VICTOR W. SAUER Public Works Director By f V. L Cline ✓ Assistant Public Works Director Highway planning RGA:sc cc: Western Title Guaranty Company Planning Department Construction Division EMMETT HITCHCOCK EDWARD W LEAL. JR COUNTY TREASURER-TAX COLLECTOR ASSISTANT TAX COLLECTOR'S OFFICE COUNTY TREASURER TAX COLLECTOR r-IONI 220-1•'00 ALFRED P LOMELI EXT Z]"S 223-6.230- CONTRA COSTA COUNTY TAA OFFICE NANAQER FIRST INSTALLMENT OF TAXES FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 DELINQUENT DUE AND PAYABLE ON THE TENTH DAV OF DECErBER ON THE FIRST DAY OF NOVEMBER SECOND INSTALLMENT OF TAXES w SECOND INSTALLMENT OF TAXES Janu 7 8' 19W DELINQUENT DUE AND PAYABLE ON T04[TENTH DAY OF APRIL ON THE FIRST DAY OF FEBRUARY IF THIS TRACT IS NOT FILED BY FEBRUARY 28, 1970, THIS LETTER IS VOID This will certify that I have emmined the sap of the proposed subdivision entitled: TRACT NO. 3887 and have deterained from the official tax records that there are no unpaid county taxes heretofore levied on the property included in the sap. The current 1969-70. tax lien has been paid in fell. INNOT HITCHCM Redemption 0 f cer V By: D004Y dl IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA May 13 , 1975 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 3888, Tassajara Area ) Deposit: $500 ) Auditor's Permit No. 96622 ) Dated February 2, 1972 ) Refund to: ) Founders 'Title Company ) P. 0. Box 324 ) Concord, California 94522 ) On May 22, 1Q7-1 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above . ADOPTED by the Board on May 13 , 1975. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 13th day of May 197 cc : Public Works (2) W. T. PAASCH, CLERK Subdivider Cal-Land Real Estaf � •lD�,. Deputy Clerk 2222 Salvio Street Constance d. Davies Concord, CA. 94720 Founders Title Company i • IN THE BOARD OF SUPERVISORS OF C0.f TRA .COSTA COUNTY, STATE OF CALIFORNIA 121 the Matter of Comn_letion ) of 'imnrovemerits alba declaring } certain road:• as County ) RESOLUTION N0. 73/350 Subdivision WHEREAS the Public :,corks Director having notified this Board that ct.nstZac-lon of :Lmp_^ovements have been completed in Subdivision 3835., Morgan Tarritory 2:''ra, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the follotrrin , subdivision have been completed for the purpose of estUablishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision_ Date of Agreement 3:338, ;.or_,-an Tari torg area 'ob_ -1 arY 83, 1972 (Unitad Paci.-Lbia la3urance Compa_n7 - Bond ?70. B-6;7830) 1 BE IT FURTHER RESOLVED that the $500 cash deposit as surety (ftuditor's Receipt No. ?66.? In the Board of Supervisors of Contra Costa County, State of California April 3 197 In the Matter of Right of Way Requirement, Subdivision 38881, Morgan Territory Road, Tassajara Area. The Board on Marcia 13, 1973 having referred to its County Government Operations Committee (Supervisors E. A. Linscheid and J. P. Kenny) the request of the developer of Subdivision 3888 , Tassajara area, for recognition of the inequity in the amount of right of way required for dedication to the County for the future widening of Morgan Territory Road; and Supervisor Linscheid, in behalf of said Committee, having this day submitted a report (copy of which is on file in the Office of the Clerk) recommending that the Board authorize the Public Works Director to pay to Cal-Land Real Estate , a partnership, developer of Subdivision 3888, the amount of $10 ,953 in considera- tion for the dedication of the abnormal amount of right of way for Morgan Territory Road, said amount to be paid from current Revolving Right of Way funds in the Road Budget; NOW, THEREFORE, on motion of Supervisor Linscheid, seconded by Supervisor Kenny, IT IS BY THE BOARD ORDERED that the aforesaid recommendation is APPROVED. The foregoing order was passed by the following vote : AYES: Supervisors J. P. Kenny, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, A. M. Dias. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes or said Board of Supervisors on the date aforesaid. cc: Public. Works Director Witness my hand and the Seal of the Board of Director of Planning Supervisors County Administrator affixed this 3rd day of April . 19 73 W. T. PAASCH, Clerk By .��.�i Deputy Clerk Mildred 0. Ballard H 24 7/72-ISM THE BOARD OF SUPERVISORS JAMES P. KENNY. RICHMOND ALFRED M, DIAS IST DISTRICT ' CHAIRMAN ALFRED M. DIAS, SAN PABLO CONTRA COSTA COUNTY JAMES I MORIARTY 2ND DISTRICT VICE CHAIRMAN JAMES E. MORIARTY. LAFAYETTE W.T. PAASCH.COUNTY CLERK 3RD DISTRICT ADMINISTRATION BUILDING. ROOM 103 AND EX OFFICIO CLERK OF THE BOARD WARREN N. BOGGESS. CONCORD P. O. BOX 911 MRS. GERALDINE RUSSELL ATH DISTRICT CHIEF CLERK EDMUND A. LINSCHEIP. PITTSBuRG MARTINEZ. CALIFORNIA 94553 PHONE 228.3000 STH DISTRICT EXTENSION 2371 March 26, 1973 1 O REPORT RE OF GOVERNMENT OPERATIONS COMMITTEE /y 7 O 7 W. T. PA AgGHONCI-[RICpqR F SUPERVISORS RIGHT OF WAY REQUIREMENT By, _ f6�NY CosrA SUBDIVISION 3888, MORGAN - TERRITORY ROAD, TASSAJARA ePuty AREA On March 13, 1973, the Board of Supervisors referred to the Government Operations Committee the requested recognition of the developer of Tract 3888 having to dedicate an inequitable amount of right-of-way to the County for widening in the future of Morgan Territory Road. The committee reviewed with the Public Works Director the facts of this situation and finds that in March, 1969, the Public Works Department indicated to the appli- cant that the County would recognize this excessive right-of-way dedication by participating in the cost of the additional construction work required to extend the proposed subdivision streets to intersect with the existing Morgan Territory Road. The applicant was instructed to submit plans and cost estimate for review to the Public Works Department so that an agreement could be reached prior to filing of the subdivision map. The development of the subdivision experienced difficulties and therefore did not finally become a reality until 1972. In the ensuing time, the 1969 commitment by the Public Works Department was forgotten by the Department and apparently by the applicant. Finally on February 8, 1973, the applicant's contractor prepared a cost sheet showing all of the work performed within the dedicated right-of-way which apparently accumulated to about $18,440. However, this billing included items of work that were not actually within the scope of the intent of the Public Works Department's letter of committal. The Public Works Department did not intend to participate in the cost of utilities, monuments, guide posts, and other types of work which would have been required in any instance where new street connections were being made to an existing road. We also take notice that the subdivider was not obligated to do any frontage im- provement work on Morgan Territory Road such as curbs, gutter, sidewalk, longitu- dinal drainage, etc., that is normally involved in subdivision work. We have reviewed the billing submitted by the applicant's contractor and in con- cert with the Public Works Director have modified the billing as shown on the marked copy of the bill. The amount of work that the County should participate in Page 2 REPORT OF GOVERNMENT OPERATIONS COMMITTEE March 26, 1973 is indicated as $10,953.00. It is recommended that the Board authorize the Public Works Director to pay to CAL-LAND REAL ESTATE, a partnership, developer of Subdivision 3888, the amount of $10,953.00 in consideration for the dedication of the abnormal amount of right of way for Morgan Territory Road, pursuant to a letter commitment dated March, 1969. Such amount is to be paid from current Revolving Right-of-Way fund in the Road Budget. Edmund A. Linscheid, Chairman J es P. Kenn , Me r Supervisor, District V upervisor,Distrt "s D 4"�a1�.d t..d 1 6 i ✓I IVI i A N "Y'", Gener-ai Enginee.ring 3603 Happy� dley Road r Lw+;t}ctte,California ni5�i9 f 'Ce:ephone 415 283-2527 Feb . 8 , 1973 . Value of construction on county dedicated portion s of land at Mountain, Meadow. Subdivision jr' 3888 . 1 . Rough grading - 4000 cubic yards @ 0 . 73 dollars ver cubic yard $ 2 , 920 . 00 2 . ` ; r-- i grading 600 . 00 3. Opon Ditch - 760 lineal feet 760 . 00 er- icting culverts and install grouted iocl: out ? ctr, . Three (? $ 225 , 00 each 675 . 00 5 . Add concrete- pipe extensions to catch o b sir: , and ',guild grouted rock inlet. Four at 250 . 00 eacl; 65t. 1, 000 , 00 6 . AC dike - Erie-EO lineal feet �z ...r •!' S"T'Gi lei i 4 f r� i'i"3 it i�reD tle S . 9 . F c :7 i n g s q u a r e f e et @ $ 0 . 4 3 f �z6t 4 « TOTAL $ III.113-:e ti ycx ; Value of construction on change order on ntrance to Whispering Fines Road . r 1. one catch baein with solid cover and i,de inlet $ 500 . 00 d Z . 345 lineal feet AC dike: @ $ 1. 10 ft . 379 . 50 3. paint 345 lin . ft . curb and paint 00 lineal feet of double lust- read stripe r 175 . 00 a. rastall 24 reflectors on top of curb @ 5 . 00 t;a.ch 120 . 00 one sign at beginning of curb section 50 . 00 ,. Install 60 lin. ft . IZII corrugated pipe 480 . 00 TOTAL $ 1, 704. 50 i GRAND TOTAL $ 14, 817 . 50 3 't xl ;rr (, Z z b � t y ' PUBLIC WORMS DEPARTMENT CONTRA COSTA COUNTY DATE: March 26, 1973 County Government Operations Committee T0: (Supervisor Edmund A. Linscheid, Chairman (Supervisor James P. Kenny, Member FROM: Victor W. Sauer, Public Works Director4A SUBJECT: Subdivision 3888 - Morgan Territory Road, Tassajara area We have reviewed all of the details of the Boardts March 13, 1973 referral to your committee concerning the right of way requirement, Subdivision 3888, Morgan Territory Road, Tassajara area. Attached is a draft of a suggested Report to the Board incorporating our recom- mendations on this matter. We are available for discussion of the details of this matter with your com- mittee at any time. VWS:ms Attachment nA cc Mrs. Ann Petrel RECEIVT V Highway Planning Division 197 W. T. AS CLE BOA OF SUPE A COSTA CONTRA COSTA COUNTY CLERK'S OFFICE Inter-Office Memo Date: March 13, 1973 To: County Government Operations Committee ( Supervisors E. A. Linscheid and J. P. Kenny) From: Clerk, Board of Supervisors by hm Subject: The Board referred to you today for review and recom- mendation the matter of right-of-way requirement in Subdivision 3888, Morgan Territory Road, Tassajara area. cc: Administrator In the Board of Supervisors of Contra Costa County, State of California March 13 19 7 In the Matter of Right of Way Requirement, Subdivision 3888, Morgan Territory Road, Tassajara Area. The Public Works Director having reported that the requirement of filing of the final map of Subdivision 3888 included dedication of the entire right-of-way (approximately 4.5 acres), 100 feet wide, for the future reconstruction of Morgan Territory Road, Tassajara area; and The Public Works Director having further reported that the right-of-way requirement was totally to one side of the existing road and entirely within Subdivision 3888; that the applicant requested recognition of this inequity; that in the processing pro- cedure of the subdivision the settlement of the equity request was overlooked; and that the applicant was informed by letter of March 12, 1969 as follows: "In accordance with the adopted frontage improvement policy, the County will pay for the construction. cost of widening Morgan Territory Road at the three intersections in subject subdivision"; and The Public Works Director having further reported that in the past in similar circumstances, the County has recognized unequal widenings by participation in construction or by purchase of right- of-way; On motion of Supervisor J. E. Moriarty, seconded by Super- visor J. P. Kenny, IT IS BY THE BOARD ORDERED that this matter is REPE1RED to its County Government Operations Committee (Supervisor Z. A. Linscheid and Supervisor Kenny) for review and recommendation. The foregoing order was passed by the following vote: AYES: Supervisors J. P. Kenny, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, A. M. Dias. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Committee Members Witness my hand and the Seal of the Board of Public Works Director Supervisors Planning Director affixed this 1 th day of March , 19 73 Administrator W. T. PAASCH, Clerk By C Deputy Clerk Helen C. Marshall H2O 6/72 IoM IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) TracSubd' sion Map of ) Territory . Morgan ) RESOLUTION NO. 72/86 ry ) EAS a map entitled Tract 3888 , property located in the e o area, having been presenVed to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map and that the current 1971-1972 tax lien has been paid in full; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 8, of the County Ordinance Code; Surety Honda issued by United Pacific Insurance CoMany with Cal-Land Real Estate, a partnership, as principal, as follows: Bond No. H-657830 in the amount of $65,100 for Faithful Performance, and $65,600 for Labor and Materials; Cash deposit (Auditor's Deposit Permit No. 96622 dated February 2, 1972) in the amount of $500; Inspection Fee in the amount of $3,285; Subdivision agreement between Cal-Land Real Estate subdivider and the County of Contra Costa, wherein said subdiv- ider agrees to complete Toad and street improvements, etc. , in said subdivision within year from the date of said agreement; RESOLUTION NO. 72/86 Form #233 70-4-500 NOW, THEREFORE, BE IT RESOLVE that said bonds and de osits and the amounts thereof be and the same ars hereby- . BE IT FURTFIM RESOL«D that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement, BE IT FURTHER RESOLAM that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easeients shorn thereon as dedicated to the public. PASSED AND ADOPTED this 15th day of Feb__r_y 19_x, by the following vote of-the Be : AYES: Supervisors J. P. Kenny, A. K. Dias, J.. S. Noriarty, W. N. Boggess, Z. A. Linscheid. NOES: None. ABSENT: None. CERTIFIED COPY I certify that this is a full, true & correct copy of the original document which is on file in my office, and that it Was passed & adopted by the L:oard of Supervisors of Contra Costa County, California, on the date shown. ATTEST: W. T. pAA;CII, county clerk&ex-officio clerk of said Board of Supervisors, by &-Po clerk. cc: Public Works (2) Planning Subdivider Cal-Land Real $state ; 2222 Salvio Street Concord, California RESOLUTION NO. 72/86 Form #23; 70-4•500 j SUBDIVISION AGREEMENT (§1) Subdivision: 3888 - Mountain meaanws 01) Subdivider: Gal-Land.-Real Estate (B. & P. Code §§116ZZ-Z2) r 1 Effective Date: Fehrm= 81, 1972 (Contra Costa County (§1) Completion Period: QAJ C Standard Form; 8-67) (§4) Deposits : A. (cash) 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ 2. (labor,materials)$ 650600.00 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants , and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements- (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement , Subdivider shall, pursuant to Bus. & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together with 65.100.00. . . . . . . . . . . B. Bonds, etc. : (I - Faithful Per additional security for at least the above-specified amount , which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors , and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warranti.. Subdivider warrants that said improvement plan is ade- quate to accomplish thiF! -rork as pro--ised in Section 2 ; and if, at any time before t'ie County ' s resolution of ccnrl•.!t_on for the subdivision, the improvement plan ^roves to be inadeouate in any respect , Subdivi- der shall make chanzes necessar.-: to acco-inlish the work as promised. -1- 6. No Waiver by County. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement , or acceptance of the whole or any part of said work and/or materials , or payments therefor, or any combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from-bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters . 6. Costs. Subdivider shall pay when due all the costs of the work, incluMng inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. ZQ. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall Day the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements , Subdivider shall pay all reasonable attorneys' fees, costs of suit , and all other expenses of litigation incurred by County in connection therewith. It. Assignment. If before County accepts these improvements , the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. 12. Record liar. In consideration hereof, County shall allow Subdivider to file and record said subdivision map , and recognizes this subdivision as one complying with State laws and County ordinances . �2- F IL W. T. PAASCH CLERK BOARD OF SUPERVISORS C TR/j,COSTA O TV BY __„ {� oep:jty COUNTY OF CONTRA COSTA SUBDIVIDERS (see note below) BY gal-Lan Real Estate Chairman, oard of Supervisors a e h By l BY ATTEST: W. T. PAASCH, County Clerk D*ilgnste official capacity in the & ex officio Clerk of the Board �jginess) ByA _ note to Subdivider: (1) Execute Deputy acknowledgment form below: and (2) If a corporation, attach a certified cony of (a) the bylaws FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board County Couns 1 of Directors, authorizing execution of _ this contract and of the bonds required By hereby. Deputy • • ♦ ♦ ♦ • • • ♦ ♦ ♦ • • ♦ ♦ ♦ • • • • • • • • i • • • • • • • • • • i • • • IF • • • • IF • State of Calif rnia } ss. (Acknowledgment by Corporation, County of U- 1117XA CCIT,41} Partnership or Individual) On ;e- 4C , � , the person(s) whose name(s) is/are signed above for Subdivider and who is Wnown to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. ■:>tti:tn>r�tustt�etti:stx>rsussir:nsstc:>t�n�>tyin�yue�_M O0OFFICIAL NE AL _ ", S. A. MARUCA �' 1 NOTARY PUBLIC•CALlFORNIA Y COUNTY OF CONTRA COSTA My C..I.Innl^n E.pires ftlllbtr 2.1975 flttititftt7tttiiltirtilt[:ltt#iitt7�ktiStitral:grim., S. A. M n RUC h Notary public for said County and State (Subdiv. Agrmt• CCC Std. Form) (HP-9; Rev. 9-69: 200) -3- A �s • PUBLIC "WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY DEPUTY PUBLIC WORKS DIRECTORS PUBLIC WORKS DIRECTOR 6TH FLOOR. ADMINISTRATION BUILCI.NS R. D. BROATCH F. R. BROWN CHIEF DEPUTY PUBLIC WORKS DIRECTOR MARTINEZ, CALIFORNIA 94553 VERNON L. CLINE TELEPHONE 220.3000 R. M. RYGH (RM. 115 COURT HOUSE) February 15, 1972 HP - Su 3888 ] RECEIV, JYID _Z� Honorable Board of Supervisors t =6 �.�, 19?2 Administration Building W. T. PAASCH Martinez, California QW111K BOARO of SUPERVISORS r� gpy�p� T� Cts. Gentlemen: There is submitted for your approval the map of Subdivision 3888 in Supervisorial District V in the Morgan Territory area. Accompanying this map and pertaining thereto are the following docu- ments: 1. Subdivision Agreement. Expiration date of one-year time limit for completion is February 8, 1972. 2. Performance Bond, in the amount of $65,100. This bond, together with a $500 cash deposit (Auditor's Receipt No. 96622, dated February 2, 1972) is to guarantee completion of road and street improvements as required by the County Ordinance Code. 3. Labor and Materials Bond, in the amount of $65,600. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property. The map is submitted for filing by Founders Title Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAUER Pulte ks Director f V l E. Kilkenny Assistant Public Works Directo PEK:fa Highway Planning cc: Founders Title Company Planning Department Construction Division EOw'.aO W. LEAL : ALFRED P.LOMELI i.COUNTY TREASURER-TAX COLLECTOR Assistant If - County Treasuer-Tax Colls,=, PHONE 228-3000 £x7. .7-385 CONTRA �/�1 /TAX CCH..1��.i//KC�![T\�/O�[R�'AX O//�'FFFI�CTE�F FIRST INSTALLMENT OF TAXER ( ( �)f! COSTA j� ( ( E! /� --wST !N=TiLLY[AT or TAX[/l OUT AND►AYASLE \�L�jl� i t al ji.IO/(.� D[LINaUtNT ON T-E FIRST DAY OF NO`9WOtR MARTINEZ. CALIFORNIA aN TM[ TENTH D:Y DF Dcut r� R SEr,nNO INSTALLMENT OF TAXES SECOND INSTALLMENT OF TAXIES MUF ANO•AYASLIET„! 'T QF] O[LINOurNr I F ON TNFIRST DAY OF96NUARY l'ebruarJ 1 2, 972 ON TME TENT' DAY OF AXRIL IF THIS TRACT IS NOT FILED BY FEBRUAEff 28., 1972., THIS LETTER IS VOID This VM oertify that I have examined the map of the proposed subdivision entitled: MUCT NO. 3888 and have determined from the official tax records that there are no unpaid county takes heretofore levied on the property included in the map. The current 1971-72 taut lien has been paid in full* FXWARD W. LEAL Redemption Officer I dl r 1 Bald 0 B-657830 Premiw,: $984.00 IMPROVEMENT SECURITY BOND (FaithfuZ Performance & Maintenance, AND Labor & MateriaZe) (CaZif. Bus. 4 Prof. Code §ZZ6Z2; Contra Costa County Standard Form) Z. OBLIGATION. (Principa Cal-Laxed Real Estate, a partriership as Principal, and r4iur_eT_Y_r_jNTTM PA.C'_TFTC TNSI AN_ .__MO TRIY _ a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs , executors , administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintenance) Sj -five Thousand Cne Hundred and no/100 Dollars ($ 659100.00 ) or itself or any City-assignee under the e ow-c ted subdivision contracts plus (B - Labor & Materials) Sixty-five Thousand Six Hundred and no/100 Dollars ($659600.00 ) for the benefit of persons protected under Cal. Bus. &Prof.Code 511612 . 2. RECITALS. The Principal contracted with the County on to install—and pay for street, drainage, and other improvements in Subdivi- sion No. 3SS8 , as per map now being filed with the County's Recorder, and to complete said work within ooe year from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the ane-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Cade §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEAd�D on JanuarV la, 1972 uaz PRINCIPAL ' --- ��farSURETY .:_.Z 1iATTT M PA!'TF r TNSURANCE CO. State of California ss: County of On -ill 1l-, 18 192:-- before me, the undersigned, o Notary Public in and for said County, personally appeared `'-f`1^s'c ;i, K?'..c-s-r known to me to be the person whose name is subscribed to the within instrument as Attorney-irt-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that_he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h own name as Attomey-in-Fact--------- FFI t L SEAL A"1N CRUEGER C0i:'iRA COt.IA COUNTY i,,'y Commission Expires May 20, 1973 My Commissie+retpires`^^ ^^ """'"" "" 19_ Notary Public in and for said tory B-2004 California - Jurat (Attomey-in-Fact Acknowledgment) Rev. 1.65 i= Bond 0 B-657830 Premium: $984.00 IMPROVEMENT SECURITY BOND (FaithfuZ Performance & Maintenance, AND Labor & MateriaZa) (CaZif. Bus. & Prof. Code §ZZ6Z2; Contra Costa County Standard Form) Z. OBLIGATION. (Principal) Cal-Land Real Estate, a partnership as Principal, and ure y uNTTID Par_TFIc INSURANCE emN Riy a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in California, as Surety., ere y ,jointly and severally bind ourselves, our heirs , executors , administrators, successors and assigns to the County of Contra Costa, California, to pay it : (A - Faithful Performance, & Maintenance) S' -five Thousand One Hundred and no/100 Dollars ($ 659100.00 ) or Itself or any City-assignee under the e ow-c ted subdivision con rac , plus (B - Labor & Materials) Sixtv-five Thousand Six Hundred and no/100 --- Dollars ($659600.00 ) for the benefit of persons protected under Cal. Bus. &Prof.Code §11612. 2. RECITALS. The Principal contracted with the County on to install and pay for street, drainage, and other improvements in Subdivi- sion No. 3588 , as per map now being filed with the County's Recorder, and to complete said work within ooe year from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract . 3. CONDITION. If the Principal faithfully performs all things required of him accor ng to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect . No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEATID on -January 18, 1972 PRINCIPAL -40-rnkX SURETY z. VL��c�-. y�eTiV � Ac c SUWCE CO. rAl T nrl Aal� i�'ctat a Pa+'tiersh1D_ By By Gealge Ir, horn- . act a s * • • �r r • s a s a • * r s f • • r • • a *' a # e * • • a a • • s e State of California ) ss, County of ) (ACKNOWLEDGMENT BY SURETY) the person(s) whose name(s) is/are signed above Surety and who is known to me to be the Attorneys)-in-Fact for this porate Surety, personally appeared before me and acknowledged to me that 'they signed the name of the Corporation as Surety and his/their own name(s) its Attorneys)-in-Fact. Notary Public for saig County and State Sec. Bond, CCC Std.Form) M••- Z5;Rev. 8-67; 200) IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA March 21 , 1972 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 3891, Brentwood Area ) Deposit: $500 ) Auditor's Permit No. 76395 ) Dated August 29, 1969 ) Refund to: ) Edmund A. Linscheid ) 106 Linscheid Drive ) Pittsburg, California 94565 ) On March 9, 1971 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. Passed by the Board on March 21, 1972. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 21st day of March , 1972 W. T. PAASCH, CLERK cc : Public Works (2) Subdivider Deputy Clerk Mildred 0. Ballard IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain roads as County ) RESOLUTION NO. 71/152 roads, Subdivision 38919 ) Bran'twood Area. ) WHEREAS the Public Works Director having notified this Board that construction of improvements have been completed in Subdivision 3891, vrenttrood area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of ti action under said Subdivision Agreement: Subdivision Date of Agreement 38910 BrontWOGd area Septorlbor 9, 1969 (Pacific Indemnity Campany - Bond ::o. 328069) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 7639.5 dated ►i:i��.�L- 2j, 1969 ) be RETAINED for one year pursuant to the requirements of Section $429(b) of the Ordinance Code as amended. a BE IT FURTHER RESOLVED that the hereinafter described roads, having been heretofore dedicated to public use by the filing of- map in the office of the County Recorder, be and the same aro accepted and declared to be County roads of Contra Costa County: - - SAV -TGS ' FtrnIiIIE . ....... ......(2416%.O6 mile) FAIRVIZ. AVIENUEs UTME'IiI::C as shown and dedicated for public use on tho map of Subdivision 3891 filed September 120 1969 in Book 128 of :daps at Pago 9, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 9th day of March 1971 by the following vote of the Board: AYES• Supervisors A. M. Dins, J. E. Moriarty, W. No Boggess, Z. A. Linscheid, J. P. Kenny. NOES: Nona. Cr ttrfl r'IED COPY ABSENT• None. 1 certify that UA3 is a full' true & correct copy of • the original dccunt":t I .:.-�.i ca file in rry office, and that it we-;- -.- %:o and of Super%r ors c,' wta:.. t C_.'i: ...ia. on cc: Recorder the datc ,.:.__-.. _. _...�.:ca, county Public Works clerk t=-ex-u_..c it, dc... _ .i U;,;u!+c.visors. SubdividerRESOLUTION N0.71/152 b5�uty acik. 9 w IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval of ) Subdivision Map of Tract 3891, ) RESOLUTION N0. 69/580 Brentwood Area. ) WHEREAS a map entitled Tract 3891, property located in the Brentwood area, having been presented to this Board for approval, said map having been certified by the proper officials and being accompanied by: Letter from the Redemption Officer stating that there are no Unpaid County taxes heretofore levied on the property included in the map, and that the 1969-1970 tax, which became a lien on the First of March, 1969, is estimated to be *800; and Surety Bonds issued by Pacific Indemnity Company with Edmund A. Linscheid And Melba F. Linscheid, his wife, as principal, as follows: Bond No. 328069 in the amount of $10,100 for Faithful Performance, and $10,600 for Labor and Materials; and Cash Deposit (Auditor's Receipt No, 76395 dated August 29, 1969), in the amount of X500; which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended; Cash Deposit (Auditor's Pe-"mit No. 76391 dated August 29, 1969) in the amount of $800, guaranteeing payment of estimated 1969-1970 tax; and Inspection Fee in the amount of $285; Subdivision_ agreement between Edmund A. Linscheid and Melba F. Linscheid, his Wife, 106 Linscheid Drive, Pittsburg, California, subdivider, and the County of Contra Coat&, wherein said subdivider agrees to complete public road and street improve- ments, etc., in said subdivision within one year from the date of said agreement (September 9, 1970); NOW, THEREFORE, HE IT RESOLVED that said bonds and deposits and the amounts thereof be and the same are hereby APPROVED. BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be andi.the as= is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements shown thereon as dedicated to Public use. RESOLUTION NO. 69/580 r , PASSED ARID ADOPTED this 10th day of 3eptembars 19691 by the following vote of the Board: - Supervisors J. P- Kenny, ��. `• Di.ae, AYSS• J- E, Moriarty- T. J. ColZ: . NOES: None. ABSENT: 230ne- ABSTAINS: Supervisor E- A- Linscheid. CERTIFIED COPY i certify that this is a full, true & correct copy of the original c?ocurr-:t. t'r`y;^.h is on file in my office. and that it v.as . .Maemnted by the Board of Supervisors of Contra. Coz-t: County, Cmi!ornia, or, the date shown. t,T TMST: W. T. PA A.SCH, county clerk&ex-officio clerk of said Board of Supervisors, by deputy clerk. Gfi1�,K�1J•�? on SEP 1 0 1969 cc: Public liorks ( ) Highway Planning Subdivider RESOLUTION No. 691580 . PUB�LI/C� WORKS DEPARTMENT VICTOR SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHfEi DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR, ADMINISTPATION BUILDING MARTINEZ, CALIFORNIA 94553 R. O. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR September 10, 1969 Subdivision 3891 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3891 in Supervisorial District V in the Brentwood area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for com- pletion is September 9, 1970. 2. A Surety Bond in the amount of $10,000 and a '$500 cash deposit (Auditor's Receipt No. 76395 dated August 29, 1969) which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond in the amount,-of $10,600. 4. Letter from flax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1968-69 tax, which became a lien on the first Monday of Much,7,1969, is estimated to be $800. 5. Tax Bond in the amount of $800 guaranteeing payment of estimated tax. The map is submitted for filing bythe Title Insurance and Trust Company under the provisions of the County Ordinance_'Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly,:-yours, VICTOR W. SAU R , Public ec r V. r. cune Assistant Public Works Director Highway Planning RGA:sc CC: Title Company Planning Department Construction Division Ll SUBDIVISION AGREEMENT (§1) Subdivision: 3891 (§1) Subdivider: EDMUND A. LINSCHEID (B. & P. Code §§1Z6ZZ-Z2) and MELBA F. LINSCHEID is wife 1 Effective Date : (Contra Costa County (§1) Completion Period: Year _ Standard Form; 8-67) (§4) Deposits : A. (cash) 500. B. (bonds, etc. ) 1. (faithful pert. Qo & maintenance) $ /O /D o•� 2. (labor.materials)$ /a- 1. a Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free froF defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus . & Profs. Code §116123 deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (Z - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section 2; and if, at any time before the County's resolution of completion for the subdivision, the improvement plan proves to be inadequate in any respect, Subdivi- der shall make changes necessary to accomplish the work as promised. -1- =i 6. No Waiver by County. Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers, agents and employees; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury,. death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specifications) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters . 6. Costs. Subdivider shall pay when due all the costs of the work, including inspections thereof and relocating existing utilities re-- quired. thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. ZD. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. ZZ. Assi nment. If before County accepts these improvements, the subdivision s annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. Z2. Record Map. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances . -2- COUNTY OF CONTR& COSTA SUBDIVIDER: (see note below) By EDMUND A. LINSCHEID and MELBA F. C irman, Board o upervisors L By Mjb,6k;� ATTEST: W. T. PAASCH, County Clerk (Designate official capacity & ex officio Clerk of the Board in the business) By Note to Subdivider: (t) Execute Deputy ac now a gment form below; and (2) If a corporation, attach a certified copy of (a) the by- FORM APPROVED: JOHN A. PIEJEDLY laws or (b) the resolution of District Attorn the Board of Directors, authori- /j ?, zing execution of this contract By X, 0 and of the bonds required "hereby. All Deputy State of California ) ss. (Acknowledgment by Corporation, County of Contra Costs ) Partnership or Individual) On August 21. 1969 the person(m) whose name(&) is/axe signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and ac- knowledged to me that he executed it and that the corporation or partner- ship named above executed it. i2 otary Public for said County a 3tste Std. (Subdiv. Agrmt. CCC Std. Form) (BP-9; Rev. 8-67; 2W) -3_ ' EMMETT HITCHCOCK EDWARD W L"LkJA, COUNTY TREASURER-TAX COLLECTOR ASSISTANT TAX COLLECTOR'S OFFICE COUNTY TREASURER.TAX COLLECTOR P140Nf 228.• 00 ALFRED P•LOMELI EXT -I-1 -.13- 2387 CONTRA COSTA COUNTY TA• OF-,1E MANAGER FIRST INSTALLMENT Or TArES FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 DELINQUENT DUE AND PAYABLE ON THE TENTH DAY OF DECEMBER ON THE FIRST DAY OF NOVEMBER ��p��E - SECOND INSTALLMENT OF TAXES Amt 13J 1969 SECOND INSTALLMENT OF TAXES DELINQUENT DUE AND PAYABLE ON THE TENTH DAY OF APRIL ON THE FIRST DAY OF FEBRUARY IF VIS TRACT IS ADT FIUM BY OCMBER 31, 19 6% THIS LETi'EEi IS SID This will certify that I have examined the map of the proposed subdivision entitled: TRACT NO.. 3891 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1968-69 tax lien has been paid in full. Our estimate of the 1969X= tax lien, which became a lien on the first day of March, 1969, is S 800.00 . 3WTT HITCHCOCK Redsoption ficer By: F%puty) dl COUNTY OF CONTRA COSTA 0 DEPOSIT PERMIT + OFFICE OF COUNTY AUDITOR-CONTROLLER 76391, TO THE TREASURER: MARTINEZ, CALIF. No. RECEIVE FROM Edmund A. LinschlEid 6 — DATE 8-29-69 106 Linscheid Drive 010 BUDGET UNIT III THE AMOUNT SHOWN BELOW FOR TO Pittsburg, Calif 94565 IND CIATED:THE FUND OR FUNDS FUND NAME DESCRIPTION SPECIAL FUND 11 REVENUE CR REVENUE FUND AMOUNT AMOUNT S S SPECIAL DEPOSITS 8109 9965 800.00 JUDICIAL SPECIAL DEPOSITS 6110 9965 GENERAL 1003 THE ABOVE AMOUNT COVERS: r°-_-- --vcR_-:-- S S TOTAL Tract # 3891 for Taxes 69-70 Linscheid RECEIPT OF ABOVE AMOUNT IS HEREBY ACKNOWLEDGED. DEPUTY COUNTY AUDITOR ` DEPUTY COUNTY TREASURER ... COUNTY DEPARTMENT RESPONSIBLE FOR ABOVE CASE!COLLECTIONS 76391. t0 34 REV. 1.66 100.0001 ISEE COUNTY ADMINISTRATOR'S BULLETIN 1071. No. ii i STATE OF CALIFORNIA, t ss. City Rnd County of.......SM-1 On this..... _. ls ......day of..--.._AauG{.............._..19..._6?before me, DOROTHY WRAE a Notary Public in and for said County and State, residing therein duh- commissioned and sworn, personally appeared........._..._..._. w__._..._._.._.._.._._.-----.F._W. TROTTER known to me to be the duly authorized Attorney-in-Fact of PACIFIC INDEMNITY C0\1- �,,�-, PANY, and the same person whose name is suhscribed to the within instrument and he (she) qacknowledt cd to me that he (she) subscribed his (her) own name as the Attorney-in=Fact for and ,.,,_- . DOROTHY friCRAZ on behalf of PACIFIC INDEMNITY COMMA\Y. tt77.. NOTARY PUBLIC-CALVORNIA IN WITNESS WHEREOF, i have hereunto .et my hand and affixed my official seal the -_;(,b day and year in this Certificate first above written. SAN FRANCISCO COUNTY i My Ccmmissiln Expires Ap;i!9,1.','3 v - -� Votary Public in and for._Rry_g_ 70,--San fran------ O County, State of California Form G1000 Rev.F (569) BOND NO. �2$g8$O Premium: 41 I?fRO1-ME1r_- SEC_'JRITY EO`:D (Faithful Performance & 1•1faintenance, AND Labor & 14aterials) (Calif. Bus. & Prof. Code §ZZ6Z2; Contra Costa County Standard Form) Z. OBLIGATION, his wife (Principal) EDMUND A. LINSCHEID acid i1ELBA -F . LINSCHEIDJ as Principal, and fbure,FH PACIFIC INDEMNITY COMPANY a corporation organized and existing under the la::s of the State of Califznnia and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors , administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintenance) Ten T-ousand One -undred Dollars ($ 10,100.00 ) for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials) Ten `-%ousand Six 'Hundred Dollars ($ 10 600.00 ) for the benefit of persons protected under Cal. Bus. &Prof.Code 511612. 2. RECITALS. The Principal contracted with the County on Auu7ust 20. 1969 to install and pay for street, drainage, and other improvements in Subdivi- sion, No. 3891 as per map now being filed with the County's Recorder, arid to complete said work within one (1) year from said date, all in accordance with State and local laws , rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said cont,-.-act- and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation_ remains in full 01 force and effect . No alteration_ of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve-any Surety from lia- bility on. this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety ; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken,- arid agrees that iL County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on .iur-ust 21 1939 PRINCIPAL SURETY EDMUND A. LINSCHEID and MELBA F . PAr-IFIC INDEpX ITYCOPANY LIC ID, h' wi By B% { X F } N F. W. Tho ter Attorse -in-Fact `State of California ) ss, Count;; of Contra Costa ) (AC::i'3G ;LEDGl4E17T BI SURETY) On u-ust 21, 7-969 , the person(s) hose name(s) is/are signed above for Surety uli.l who i5 1triCtJll to IQs t0 be the AtiQrl?eL'(S)—fir' cG r this Corporate Surety, personally appeared before me and a.c'cr eel ed o me that he/they signed the name- of she r t'•o?? as S le . iS/ille own naI!@(S) ID V1. PACINI VERNAP 7 4;V7 NOT-VY I'LT!IC 1 - _ iroLAy Commission Expires Nov. 20, 1972 Notary Pu*;? .'.r ^nr ca_c: nty :,nd ;tate (HP-15;P.ev. 8-611; 200) IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the ?,'atter of Approval ) A of Subdivision Map of ) Tract 3892, Danville Area. ) RESOLUTION NO. 69/669 HT-REAS a map entitled Tract 3892, property located in the Danville area (a resubdivision of Lot 10 of Subdivision 3572, filed July 27, 1966, in Boot: 112 of r•:aps at Page 11) , having been presented to this Board for approval, said map having been certified by the proper officials and beim: accompanied by: Letter from the ;Redemption Officer statins; that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1968-1969 tax lien has been paid in full; and that the 1969-1970 tax lien, which became a lien on the First of I•iarch, 1969, is estimated to be $1,500; Tax Bond No. YS649 6674 in the amount of '1,500 guaranteeing payment of estimated 1969-1970 taxes; and Letter from the Public Works Director stating that said map is submitted for filing by the Western Title Guaranty Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid; NOW, THEREFORE, TIE, IT RESOLTrFD that said bond and the amount thereof be and the same is hereby APPROVED. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues, or easements shown thereon as dedicated to public use. PASSED AND ADOPTED this 14th day of October, 1969, by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, T. T. Coll, E. A. Linscheid, J. E. Mcriarty. NOES: None. ABSENT: None. GEk rIFIED COPY I certify that this is a ft:il, true Fz correct copy of cc : Public Works (2 ) the ori-inaI nn file in mv office. Auditor awl that it V.- . 7: ,. rd e Subdivider SLc,�: i-,-.,, ,.� ., .. a, 01:- the date _l.. . ... .. : : . i'.^.. clerk :: of ,.:iii oz:rdof Supervisors, by deputy clerk. ...l.0 on RESOLUTION NO. 69/669 PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER.SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D, BROATCN TELEPHONE 228-1000 DEPUTY PUBLIC WORKS DIRECTOR October 9, 1969 Subdivision 3892 1R-hk---A-LH!j1 _.. J 017 1 11963 Honorable Board of Supervisors W. T. P A ASC H Administration Building CLERK BOARD OF SUPERVISORS CO TRA C T CO. Martinez, California er J°' Purr Gentlemen.- There entlemen;There is submitted for your approval the map of Subdivision 3892 in Supervisorial District III in the Danville area. Accompanying this map and pertaining thereto are the following documents: 1. Letter from Tax Collector's Office stating that there are no unpaid county taxes on the property, and that the 1969-70 tax, which became a lien on the first Monday of March, 1969, is estimated to be S1500- 2. Tax Bond in the amount of $1500 guaranteeing payment of estimated 1969-70 tax. The map is submitted for filing by the Western Title Guaranty Company under the provisions of the County ordinance Code and all required deposits and fees have been paid. It i "eq that the Hoard of S 'sors auth ze its Cbakman sign the Su div' Ment ehalf Count Very truly yours, VICTOR W. SAUER Public Works irector 17 8 i V. Cline Assistant public Works Director Highway planning VLC:sc cc: Title Company Planning Department Construction Division _ EMMETT HITCHCOCK EDWARD W LEAL JR COUNTY TREASUR[R.TAX COLLECTOR ASSISTANT TAX COLLECTOR'S OFFICE couNrY TREASuRER.iAX COLLECTOR PHONI tae•• CO ALFRED P LOMELI EXT =,e- CONTRA COSTA COUNTY 7— --NAGE- FIRST 1NSTAL��ENT Or TAVES FIRST INSTALLMENT OF TAXES MARTINEZ, CALIFORNIA 94553 OELIHOUENT DUE AND PAYABLE ON THE TENTH DAY OF DECEMBER ON THE FIRST DAY OF NOVEMBER SECOND INSTALLMENT OF TAXES {� SECOND INSTALLMENT OF TAXES September 24, 1969 DEL/HOU[N7 DUE AND PAYABLE ON THE TENTH DAY OF APRIL ON THE FIRST DAY OF FEBRUARY IF THIS TRACT IS NDT FILED BY OCTOBER 319 1969, THIS LETTER n VOID This will certify that I have examined the map of the proposed subdivision entitled: MACT NO. 3892 and have detezmined from the official tax records that there are no unpaid County taxes heretofore levied an the property included in the map. The current 1968-69 tax lien has been paid in full. Our estimate of the 1969-70 tax lien, which became a lien on the first daffy of March, 12_62, is ; 1,500.00 . STT HITCHCOCK Redemption Offteer /r By: Deputy dl k stare of California City and SS. On October 6, 1%9 before me, the undersigned, County of San Francisco a Notary Public of said county and state, personally appeared Janes M. Christensen known to me to be the Attorney of the INDUSTRIAL INDEMNITY t COMPANY, the Corporation that executed the within instrument, and FAt known to me to be the person who executed the said instrument on J behalf of the Corporation therein named, and acknowledged to me that such Corporation execut¢d the some. mac_.-.�,.....a.._.-....... a1 M:til lk'i?ici dt Notary Public tVoeo R3(10/611 Pon. Bond No. YS649 6674 BOLT AGAINST TABS PremiumCharge: $15.00 per annum M�V-0 AL M1 B71 =SE ?RJS� TS: MIAT STEPHEN E. BLOCK, ROBERT GOETZ and PATRICIA W. GOETlas principal and (Sur-aty) INDUSTRIAL INDEMNITY COMPANY a corporation o:oar.=zea and existing under the lavrs of the State of CALIFORNIA a.0 author_zed to transact surety business in California as surety are held and firmly bound unto the County of Contra Costa, State of Cal-lfornia, in the penal sun.. of ONE THOUSAND FIVE HUNDRED AND NO1100---------Dollars 0 1,500.00-----------}, to be paid to the said Count-Y of Contra Costa, for the paynent of trhich will and truly to be made, we and each o- us bind ourselves, our heirs, executors, adminis- trators and successors, jointly and severally, firmly by these presents. Sealed with our seals ar_3 dated this 6th day of October , 19 69 Tr_e conditions of the above obligation is such that Tr UREAS, the above bounder principal is about to file a man entitled SUBDIVISION 3892 cove-in- a o: a tract of land in said County of Contra 'Costa, and .::ere are certain liens for tares and special assessments ---3 v _it:.7, a`a—ins- the said T-''act of land covered by sa=-: map, ::hich taxes ana sp;.cial assessments collected as to ties, are not as yet due or payable. ITO•i ^_ice FSO_- ii the sat d Principal shall nay all of t e ta_ces ar_r soce a-1 assessmen..s coll-ected as taxes which ch are a lien a~,airs t said tract of land covered by said map, at the time of the +ilin;; of said ma0 of said Tract, then this obli ation shall be void and of no effect, Othemise it shah re- main In full force and effect. n FrInc! epaa ; f oe oez Patricia W. Goetz Ac'•:r_o:�r'_eugerlent If t (_y sure ty) INDUSTRIAL INDDINITY COMPANY Surety By: 4j l James M. Christensen, Attornev IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA February 8 , 1972 In the Matter of Releasing ) Subdivision Deposit ) Subdivision•38gq5, Moraga Area ) Work Order 6748 ) Deposit: $500 ) Auditor's Permit No. 75975 ) Dated August 11, 1969 ) Refund to: ) Villa Moraga ) 359 - 15th Street ) Oakland, California 94612 ) On September 15, 1970 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 8th day of February , 197 2 W. T. PAASCH, CLERK cc: Public Works (2) Subdivider By Deputy Clerk Helen C. Marshall , w In the Board of Supervisors of Contra Costa County, State of California December 8 , 19 ZO In the Matter of Releasing $150 Cash Bond in Connection With Completion of Minor Deficiencies in Subdivision 3895, Moraga Area. The Board on September 15, 1970 having accepted as com- plete construction of improvements in Subdivision 3895, Moraga area, with the exception of minor deficiencies (installation of three street name signs) for which a $150 cash bond was posted to insure completion; and The Public Works Director having reported that said street name signs have now been installed; NOW, THEREFORE, on motion of Supervisor A. M. "Dias, sec- onded by Supervisor J. E. Moriarty, IT IS BY THE BOARD ORDERED that the Public Works Director is AUTHORIZED to refund to Gallagher do Burk, Inc. , 344 High Street, Oakland, California said $150 cash bond as evidenced by Auditor's Permit No. 84747 dated September 2, 1970. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Benny, A. M. Mas, J. E. Moriarty, B. A. Linscheid, T. J. Coll. NOES: None. ABSENT: Mone. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of sold Board of Supervisors on the dote aforesaid. Witness my hand and the Sed of the Board of cc: Public Works (2) Superv;sors Subdivider affixed this 8th day of December , 19 70 Administrator W. T. PAASCH, Clerk BY�l f iZ _ �/e Z_/ , Do" Cork Mildred 0. Ballard 14 248!70 IOM IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain roads as County roads, ) RESOLUTION NO. 70/ 586 Subdivision 38 5, Moraga Area, ) Work Order 674 . ) WHEREAS the Public Works Director having notified this Board that, with the exception of minor deficiencies, improvements have been' completed in Subdivision 3895, Moraga area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; and that a $150 cash bond has been deposited to insure completion of said deficiencies; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 3895, Moraga area August 19, 1969 1 (Industrial Indemnity Company - Bond No. YS 648-9179) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor' s Receipt No. 75975 dated August 11, 1969) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. 0 BE IT FURTHER RESOLVED that the hereinafter described roads, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are ACCEPTED and DECLARED to be County roads of Contra Costa County: CARTER DRIVE (40/60%0.09) CAMINO FERAL (36/45/0.03) (36/56/0.10) MORAGA ROAD WIDENING as shown and dedicated for public use on the map of Subdivision 3895 filed August 20, 1969 in Book 127 of Maps at Page 41, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 15th day of September, 1970 by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, E. A. Linscheid, T. J. Coll. NOES: None. ABSENT: None. RESOLUTION N0. 70/586 I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 1770 15th day of September, W. T. PAASCH, CLERK BY Mildred 0. Ballard Deputy Clerk cc: Recorder Public Works (2) Subdivider Form #11.5; 2-69-500 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 3695, Moraga Area RESOLUTION N0. 69/534 ) WHEREAS a map entitled Tract 3895 , property located in the Nora a Area , having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the 1969-1970 tax, which became a lien on the First of March, 1969, is estimated to be $69000. Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4. Title 8, of the County Ordinance Code; Surety Bonds issued by Industrial Indemnity Company with Villa Aoraga, a Partnership, as principal, as follows: No. YS 648-9179 in the amount of $35,700 for Faithful Performance and $36,200 for Labor and Materials; and Cash Deposit (Auditor's Receipt No. 75975 dated August 11, 1969) in the amount of $500; and Tax Bond YS 648-9190, issued by Industrial Indemnity Company in the amount of $6,000 guaranteeing 1969-1970 estimated tax; and Inspection fee in the amount of $1,810; and Subdivision agreement between Villa Moraga , a partnerst;iu. 379 - 17th Street, Oakland, California subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete road and street improvements, etc., in said subdivision within one year from the date of said agreement; RESOLUTION NO. 69/534 Fora #23 A Now, THEREFORE, BE IT RES OLM that said. bond s and dex osits _ and the amount s thereof be and the same are hereby APPROVED. BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and thir. Board does not accept or reject on behalf of the public any of the streets, roads, avenues, or easements shown thereon as dedicated to Public use. PASSED AND ADOPTED this 19th day of August , 19 69, by the following vote of the Board.: AYES: Supervisors J. P. Kenny, A. M. Dias, T. J. Coll, E. A. Linscheid, J. E. - Moriarty. NOES: None, AB.gENT: None.. CER.riFIM COPY [ certify that thi- is aft;!I, true & correct copy of the original r0c"1 'I"eli is e'n file in my office. and that it �s;5 . . . . ._' Supec-,- Burd of rvisors :Y •:`1,;;.;i,. -Y. C1liforaia, of the date sror::e. 1. ':'. i' :pf, •. :. county clerk&e::-ofsic.0 c;scrri of-wd i:oard of Supervisors, by deputy tier!:. on 4UL_ 9 1969 cc: Public Works (2) Highway Planning Subdivider • i i RESOLUTION NO. 69/534 Form 23 v SLBn'i'vIS10N ri:�?L;� -Bi�T (§1) Subdivision 89 (§l) Subdivider: VILLA .KQRAGA� (E. & P. Code §§j76 -Z2J A Partnership SlEffectiv3 Date _L9�_1.�(et�_ (Con:tra Costa County, 01) Completion Period: Owe Year Standard Form; 3-671 M) Deposits : A. (cash) $500. B. (bonds, etc_. ) 1. (faithful'. perf. •& maintenance) $ 35,700 _ 2. (labo'r,materials)$36,200 Z. Ft<rties & Date. :effective on the above date; 'ihe -County of Contra Costa, California, hereinafter called, ".County", and tb.e above- named Subdivider, Ail ; ally promise and agree as foliows concerning this subdivision: 2. imDroyements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title -8 (Sections 8400 and fol?owing) and including future amend:-rerts, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision ,lap Act (Business & Professions Code H11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a warner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the Improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. S. Guarantee & Maintenance. Subdivider guarantees that the work is and ree ?'romifee.ts ?nd will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. In rovement Seri ritz:: Deposit & Bonds. Upon executing this agreement, Subdivider shall, pursuant tc BLs. & Profs. Code §115.2, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . . B. BBoords, etc. (I - Fait;ifuZ PerfOYxancel additional security for at least the above-specified amount, which is the total estimated cos; of the work less $500, in the form of a cash deposit, a certified or cashier's check, or an accept2ble corporate surety bond, guaranteeing his faithful per-formance of this agreement and maintenance of the v:ork for .one year after completion and acceptance thereon' against any defec- tive workn:a_nship or mat e-rials Or any unsa"Cisfactory perfor►aance; pas (2. - Labor & hfateriass) another such additional security in at least the above-specified amount, which is the full amount or said estimated cost, securing payment. to the cont'rac`.or, to his subcontractors, and to persons _renti.g, equiprent- or furnishing labor or materials to ;:heir or to t1he Subdivider. a ;. Fgr_°ai:t . Subdivider .:aYrants that said i*vprovement Dlan is ade- auate ;o accomil-o ish this wo.k d,3 pro,iced in Section 2;" and if., at any time befJ:'e the Count s rest uti=:n of cG•? 731etion for the subdivision, the improvement plan proves to be in_de uate in any respect, Subdivi- der shall make charges necessary to acCrmani'sh he work as pz'cmised. Cp _1_ .r 6. No Waiver by Cozinti Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and• conditions hereof. T. Indemnitu. _ Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers, agents and employees; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- claading the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing* liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this word: or subdivision, or has insurance or other in- demnification covering any of these matters. 8. Costs. Subdivider shall pay when due all, the costs of the work, incluning inspections thereof and relocating existing utilities re- quired thereby. S. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon de:::ar_d. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before Ccunty accepts these i-,.pro•:ements, the 5LbdIvision is annexed to a Cilok;j' , the County may a3sign to tl ad alt.V the County's rights under this agreement and/or any deposit or bond securing them. 12. Record Mao. In consideration hereof, County shall allow Subdivider to file and record said subdivision rap, and recognizes this subdivision as one coriplyl- - writh State lav-,-s and Courtly ordinances. i COUNTY 0_ CV\T : COSTA SU3nTirD„R. ( a ee ,,nir 1C7 OW) ) r By VILLA MORAGA, A Partnership Ch _rman, Board of ceryisors By ATTEST: W. T. PAASCH, County Clerk (Des' nate-of ficial capacity & ex officio Clerk of the Board in the businessJ Partner By note to Subdivider: (Z) Execute Deputy ock::owledc;iant fcrm below and (2) If a corvoration, attach a certified copy of (a) the by- FORM oPPRO'D: -^''' ^ -�y��' Zaws or (b) the resolution of District Attorney the Dotard of Directors, cuthori- .� aira exe^ution o; this coil-tract By / and-o; the I onds required hereby. Deputy If * :$ x sc :s r ): z :t r. x r' «t. «Z is r. 7K. r .I s: ?: # :f -:' ?: State of Cal' ornia ) ss. (AcrrozL'ledgment by Corporation, County of �) Partnership or individual) On r' ! the per son s whose name(s)s is ' a -�Gl�•�--�� = person(s ) ) �a�a :.f.�r�e� above' IOr tzbdi , de=' _'1d ho is kr_,-,::n to me to be the individual and officer or J2^i,I1zr as stated ab0i` ::h0 S;,pried Ch's InStY'us`1enL. , al:,3 ac- know edc-ed to me thathe executed i4 and ';hat i-1 CorpO`'S' On Or Lla?'v.^.eI'- ship named above executed it. AdA �um�ua�aIImm�pumm�nIIIIJeu:nstuuuuuII� _ _ �. OFFICIAL SEAL C R. W. 1ENSEN b HCTARY • PRINCIPAL O OKICF IN THF - ± t'DlJNTY OF COMMA COSTA ..,- -W g-��. l?:JJIIIIS :JJ72J2 :Jt J. r _— 7 'j. L:tlf:'___L'>'M//_l::L 9 J:Jllf77:f7� ..o L y'..>' - z.b_'.._c ^✓: :3-aid �o u n• �y (�•T I4? Z.'i. ?�t:l". 4vil a7 i�.L. i oi'i:%) n-16 - -J- w km 0 Bond No. YS 648-9179 Premium: $362.00 IMPROVEMENT SECURITY BOND (Faithful Performance & Maintenance,' AND Labor & Materials) (Calif. Bus. & Prof. Code §ZZ612; Contra Costa County Standard Form) Z. OBLIGATION. (Principal) VILLA MORAGA A Partnership as Principal, and ure y INDUSTRIAL INDEMNITY COMPANY a corporation organized and existing under the laws of the State of California and authorized to transact surety business in California, as Surety, ere y jointly and severally bind ourselves, our heirs , executors , administrators, successors and assigns to the County of Contra Costa, California, to pay it : (A - Faithful Performance, & Maintenance) Dollars ($ 25 7QQ nQ ) for itself or any City-assignee under the below-cited subdivis on con ract, plus (B - Labor & Materials) THIRTY SIX THOUSAND TWO HUNDRED Dollars ($ 69200.00 ) for the benefit of persons protected under Cal. Bus . &Prof.Code §11612. 2. RECITALS. The Principal contracted with the County on A" - i9in 9 to install and pay for street, drainage, and other improvements in Subdivi- sion No. X895 , as per map now being filed with the County's Recorder, and to complete said work within one year from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract . 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect . No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on AngtLsr 5, 1969 PRINCIPAL SURETY VILLA MORAGA A Partnership INDUST INDEMNITY COMPANY By By i Partner -�_-Frances M. Ploss, Attorney State of California ) ss, CitySCounty of San Francisco ) (ACKNOWLEDGMENT BY SURETY) On August 5. 1969 , the person(s) whose name(s) is/ass signed above for Surety and who is known to me to be the Attorney6;w�wdx*acRaxdcfor this Corporate Surety, personally appeared before me and acknowledged to me that s he/tahin signed the name of the Corporation as Surety and his/qtr own names) as its Attorney($� i�ac�. Notary Publicfor said County and State (Imp. Sec. Bond, CCC Std.Form) ■uuouuuuwwuuiuu�uouuwcmm�ao�� (HP-Z5;Rev. 8-67; 200) OFFICIAL SEAL ' , �' MARY MUELLER -� NOTARY PUBLIC CALIFORNIA C `_ PRINCIPAL OFFICE IN CITY & COUNTY OF SAN FRANCISCO C iun�:uumnuuuuo::rcuunuccuw� KY Expires Expires 7uly 14. 1971 } PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMIS5IONER-5URVEYOR GTH FLOOR. ADMINISTRATION BUILDING MARTINEZ, CALIFORNIA 94-553 R. D. BROATCH TELEPHONE 220.3000 DEPUTY PUBLIC WORKS DIRECTOR August 14, 1969 Subdivision 3895 Honorable Board of Supervisors Adm is stration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3895 in Supervisorial District III in the Moraga area. AccomparVing this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is August 19, 1970. 2. A Surety Bond in the amount of $35.700 and a $500 cash deposit (Auditor's Receipt No. 75975 dated August 11, 1969) which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond in the amount of $36,200. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1970 tax. ihich became a lieu on the first Monday of March 1969 is estimated to be $6.000. 5• Tax Bond in the amount of $6,000 guaranteeing payment of estimated 1970 tax. The map is submitted for filing by the Western Title Guarantor Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours VICTOR W. SA Publi c r By V. L. ne Assistant Public Works Director Highway Plawdng JP:sc cc: Construction Division Planning Department Title Company EMMETT HITCHCOCK EDVVARO W LEAL. .1R COUNTY TREASURER-TAX CO}LECTOR ASSISTANT TAX COLLECTOR'S OFFICE COUNTY TRtASURER JAi COLLECTOR PNONI 228-' ^O ALFRED P LOMELI ' EXT :,.I•. .='.". 2]B7 CONTRA COSTA COUNTY TA. Or- _C ..NAGE. rIRST 14STALLVENT Or TA•ES FIRST INSTALLMENT Or TAXES MARTINEZ. CALIFORNIA 94553 D[LlNoucr.r DUE AND PAYABLE S. Ov THE TENT. DAY Or O[C[MB[. ON THE FIRST DAY OF NOVEMBER �►11g11St G, 1969 August SECOND INSTALL-ENT OF TAXES SECOND INSTALLMENT OF TAXES DELINQUENT DUE AND PAYABLE ON THE TENTH DAY OF APRIL ON THE FIRST DAY OF FEBRUARY IF THIS TRACT IS NOT FIUM B7 OCTOM 31, 19 61 THIS LET= I, SID This will certify that I have examined the W of the proposed subdivision entitled: MACT NO. 3895 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1968-69 tax lien has been paid in full. Our estimate of the 196_ tax lien, which became a lien on the first day of Karch,1969, is S 6,000.00. E3WTT HITCHCOCK Redeeption Of ler By: V dl CBO NDUSTRID64,41M""cisco _ NDEMNI HOME OFFICE • PREMIUM: $60.00 TAX BOND KNOW ALL MEN BY THESE PRESENTS: THAT We, VILLA MORAGh, n =artngyshtp as Principal, and INDUSTRIAL INDEMNITY C012ANY, a California Corporation, as Surety, are held and firmly bound unto the COUNTY OF CONTRA COSTA , STATE OF CALIFORNIA, in the penal sum of SIX THOUSAND AND NO/100THS - - - - - - - - - - - - - - - -($ 6,000.00 )DOLLARS for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors and assigns, jointly and severally by these presents: THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT WHEREAS, VILLA MORAGA, a partnership the Owners of a tract of land representing a certain subdivision of real estate, to-wit: TRACT NO. 3895 intend to file a map thereof with the Recorder of Contra Costa County, and WHEREAS, the provisions of the State Law require that this bond be filed with the Board of Supervisors of said County. NOW THEREFORE, if the said Principal shall pay, or cause to be paid, when due, all taxes and all special assessments for the year 19_6.(L/19M_ collected like taxes which at the time of filing said map, are a lien against such subdivision, or any part thereof, but not yet payable, then this obligation shall cease and be void, otherwise shall remain In full force and effect. IN WITNESS WHEREOF, said Principal and said Surety have hereunto set their hands and aeals this Ilrb _ day of A11101,S t VILLA nRAr.A- a parte Prch i! By: Principal INDUSTRIAL INDEMNITY C0MPEI1.1 FORM,roso ances X. Floss, Attcruty a',I' state of California city SS On Aoeust 11. 1969 , before me, the undersigned, Corety of San Francisco a Notary Public of said county and state, personally appeared France".__Pl ws �Iatutnunrruuretuarrettrtsesttttttst known to me to be the Attorney of the INDUSTRIAL INDEMNITY _ OFFICIAL SEAL COMPANY, the Corporation that executed the within instrument, and i 'a r� PAA, Y i`WELLER known to me to be the person who executed the said instrument on rtiOTaFt, AU6LIC CALIFORNIA Pbehalf of the Corporation therein named, and acknowledged to me `i.1id1NAL OFFICE IN CITY e CGJNIY OF SAN FRANCISCO that such Corporation executed the some. aruar:cuurcurrr:ccsutucnuun My Commission Expires July 14, 1321 Mary M yr Notary Public /Y000"s!101041 �J Z IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA May 8 , 1973 In the Matter of Releasing ) Subdivision Deposit ) ) Subdivision: 3898, San Ramon Area ) Deposit: $500 } Auditor's Permit No. 87917 ) Dated January 28, 1971 ) } Refund to: } Albert D. Seeno Construction Co. ) 3890 Railroad Avenue ) Pittsburg, California 94565 } ) On September 14, 1971 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. the Board.The foregoing order was passed by a unanimous vote of I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 8th day of May , 197- cc: Public Works (2) W. T. PAASCH, CLERK Subdivider y � ,, j �� ,,,� B j %�/ Deputy Clerk Helen C. Marshall IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFOR►IIA In the Matter of Completion ) of Improvements and Declaring ) RESOLUTION NUMBER 71/599 Certain Roads as County Roads, ) Subdivision 3898, San Ramon ) Area. ) WHEREAS the Public Works Director has notified this Board that, with the exception of street lighting facilities , improvements have been completed in Subdivision 3898, San Ramon area, as provided in the agreement heretofore executed by this hoard in conjunction with the filing of the subdivision map; and WHEREAS the Public Works Director reports that said ligating facilities cannot be installed by the Pacific Gas and Electric Com- pany because the electroliersare not available due to supply prob- lems experienced by the company, and that payment for the street lighting has been made to Pacific Gas and Electric Company by the subdivider; NOW, THEREFORE, BE IT BY THIS BOARD RESOLVED that the improve- ments in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 3898, San Ramon area February 9, 1971 (General Insurance Company of America - Bond No. 732811) BE IT FURTHER RESOLVED that the $500 cash bond surety (Auditor's Deposit Permit No. 87917 dated January 282 1971) is RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads , having been heretofore dedicated to public use by the filing of reap in the office of the County Recorder, be and the same are.-.accepted and declared to be County roads of Contra Costa County: SPRINGDALE LANE (36/56/.33) BROADi BOOR DRIVE . (40/60/.09) MON`i'CLAIR PLACE (32/52/.04) CRESTWOOD PLACE (32/52/.03) KINGSLEY PLACE: (32/52/.04) VENTURA PLACE (32/52/.03) LINFORD PLACE (32/52/.04) WEATHERLY PLACE (32/52/.03) HU14TINGTON PLACE (32/52/.03) KITTERY AVENUE (36/56/.02) RESOLUTION :410. 71/599 as shown and dedicated for public use on the 'rrap of Subdivision 389E filed February 10,, 1971 in Book 135 of haps at Page 1, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 14th day of September, 1971 by the following vote of the Board: AYES: Supervisors A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, J. P. Kenny, NOES: None. ABSENT: None. cc: Recorder / Public Works (2)f Subdivider CERTIFIED COPY ��gi a document which that this is a t to & correct co on file in my opfffi e, aztd that it was tYas�ec, t. adopted by the Board of Supervisors of C*. tra COL Count the date shewt�- A�'T•E.�,?': lir y, California, on clerk&ex-officio clerk-of said Board of Superviso tY • e by deputy clerk. re ---- . on„ RESOLUTION NO. 71/599 In the Board of Supervisors of Contra Costa County, State of California March 30 19 71 In the Matter of Authorizing Acceptance of Consent to Dedication for Recording, San Ramon Area, Subdivision 3898. `O On motion of Supervisor J. E. Moriarty, seconded by Supervisor A. M. Dias, IT IS BY THE BOARD ORDMM that the following listed instrument entitled "Consent to Dedication" dated February 22, 1971 be accepted for re^.ording only, and this Board directs the Clerk to record a certified copy of this acceptance together with said instrument: Grantor Dascription Pacific Telephone and Telegraph (consenting to dedication of Company all streets within Subdivision 3898 where they hold prior easement rights.) Location: Along Springdale Lane east of Davona Drive.. u The foregoing order was passed by the following vote of the Board: AYES: Supervisors A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, J. P. Kenny, NOES: None, ABSENT: None. I hereby' certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seat of the Board of act Recorder (via P.W.) Supervisors Public Works (2) affixed :his 30th day of March___.. 19 71 Planning W. T. PAASCH, Clerk Administrator /10 By L _ Deputy Clerk Ruth B. Donovan H 24 ano IoM IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 3898, San Ramon Area. ) RESOLUTION NO. 71/83 } AREAS a map entitled Tract 3898 , property located in the San Ramon area, having been presented othis Board for approv , said map aving been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1970-71 tact lien has been paid in full; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 8, of the County Ordinance Code; Surety Bonds issued by General Insurance Company of America with Albert D. Seeno Construction Co. as principal, as follows: Bond No. 732811 in the amount of $163,300 for Faith- ful Performance, and $163,800 for Labor and Materials, to guarantee completion of public road and street improvements; Cash deposit (Auditor's Permit No. 87917, dated January 28, 1971) in the amount of $500; Inspection Fee in the amount of$8,190; and Subdivision agreement between Albert D. Seeno Construction Co., subdivider and the County of Contra Costa, w ere n said su v- ider agrees to complete road and street improvements, etc. , in said subdivision within oneyear from the date of said agreement; RESOLUTION NO. ?1/83 Form #23; 70-4-500 NOW, THEREFORE, BE IT- RESOLVED that said bonds and deposits and the amounts thereof be and the same are hereVy BE IT F[TRTN'kM RFSOLlrvD that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreemen . BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements shown thereon as dedicated to the public. PASSED AND ADOPTED this 9th day of February 1971..., by the following vote of the Bo=: AYES: Supervisors A. M. Dias, J. R. Moriarty, W. N. Boggess, E. A. Linscheid, J. Pe Kenny. NOES: None. ABSENT: None. C )!TrPIED COPY I certify Umt this is a full, true & correct copy Of. the onginal docu:tc_:t r:,:ic:: is o:i file in my office: and t'.ia it :.. l:...._l �. .:u _te.i Ly the Coard of Supervso: v: Ci:i'_ U:.t t C(,uaty, California, on t:'te dal. .... .:::- :1`: _.: W. T. i'AASCIT, co'lnty clerk t;:r:'-uff: -10 clerk of csi.l Board of SupervLsors, c ,y on,_ �, 7� cc: Public Works (2) Planning 3ubdivideri/I Albert D. Seeno Cons tructionCo. 3690 Railroad Avenue RESOLUTION N0. 71/83 Pittsburg, California 94565 Perm #23; ?0-4-500 SUBDIVISION AGREEMENT (51) Subdivision: 3898 (51) Subdivider: Albert D. Seeno (B. & P. Code §§ZZ6ZZ-Z2) Construction Co. a partnershiD 1 Effective Date : February , 1971 (Contra Costa County (§1) Completion Period: one year Standard Form; 8-67) (§4) Deposits : A. (cash) 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $163 300.00 2. (labor,materials) , Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs , fire hydrants , and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements- (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction pract-ices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and w be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429 ; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Im royement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . . B. Bonds , etc. : (I - FaithfuZ Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost , securing payment to the contractor, to his subcontractors , and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warranty. Subdivider warrants that said improvement Dlan is ade- quate to accomplish t`ic •!ork as promised in Section 2 : and if, at any time before t'-.e County's resolution of for the subdivision, the improvement alar. ^roves to be inadequate in anv respect , Subdivi- der shall make chanc7es necessar-., tc accomnz;:,h the work as promised. RECEIVED 4 19?U -I- 6. No Waiver by County. Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof comolies 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 contract as prescribed; nor shall the County be thereby estopped from-bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, 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 hese, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 8. Costs. Subdivider shall pay when due all the costs of the work, incl-uff ng inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. 10. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall Day the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements , Subdivider shall pay all reasonable attorneys' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. - ZZ. Assignment. If before County accepts these improvements , the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. . Z2. Record Mac. In consideration hereof, County shall allow Subdivider to file and record said subdivision map , and recognizes this subdivision as one complying. ;with State laws and Counter ordinances . •-2- ■ P L E 7 A� �H T. AASCH BOARD OF UPERVISCRS Cp N1'A�S COUNTY N - --y ury COU0M OF CONTRAST SUBDIVIDER: (see note below) partnership 10 Albert D. Seeno Construction Co: , a/ - g By Albert .D,--See_ r. �r Via+--116 1 nn -r-n- 0 T_nc 0 V Charman, Boar of S pertyy s a California corporation., General Partner By O ATTEST: W. T. PAASCH, Clerk Designate official capacity in the & ex of 'cid Cler of the Board business) Albert D. Seeno, President gy Note to Subdividers (1) Execute Deputy acknowledgment form below; and (2) If s corporation, attach a certified copy of (a) the bylaws FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board County Counsel/,' of Directors, authorizing execution of this contract and of the bonds required hereby. Deputy State of California ) ss. (Acknowledgment by Corporation, County ofC.,..+ria+. ) Partnership or Individual) On J n ary 27, 1971 , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and ofFicer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. Stn Rochelle Notary public for said County and State (Subdiv. Agrmt• CCC Std. Form) (HP-9; Rev. 9-69; 200) . rte•-►-•-•��.*� EE P)'L!r-CALIFCRAIA j' v'+• a:.C."SfA COUNTY f `� '•:y '.o,a.Exp.Fehrsarf 26,1972 PUBLIC WORKS DEPARTMENT VICTOR SAUER CONTRA COSTA COUNTY F. R. R PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLICIC WOWORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94593 R. D. BROATCH TELEPHONE 228-J000 DEPUTY PUBLIC WORKS DIRECTOR February 8, 1971 Subdivision 3898 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3898 in Supervisorial District III in the San Ramon area. Accompanying this map and pertaining thereto are the following docu- ments: 1. Subdivision Agreement. Expiration date of one-year time limit for completion is February 9, 1972. 2. Performance Bond, in the amount of $163,300. This Bond, together with a $500 cash deposit (Auditor's Deposit Permit No. 87917, dated January 28, 1971) is to guarantee completion of road and street improvements as required by the County Ordinance Code. 3. Labor and Materials Bond, in the amount of $163,800. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property. The map is submitted for filing by the Western Title Guaranty Company under the provisions of the County Ordinance Code, and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAUER Public� ks Director Bf Paul E. Kilkenny Assistant Public Works Dire or Highway Planning PEK:fa cc: Western Title Guaranty Company Planning Department Construction Division STATE OF CALIFORNIA ) y ) SS COUNTY OF CONTRA COSTA ) On this27th day of _ 3•nu r�!_ _ _, 19 71 before me,_ Sue Rech!P a Notary Public in and for said county and state, personally a^reared ALBERT D. SEENO, known to me to be the President of the corporation that executed the within instrument on behalf of said corporation, said corporation being known to :,:e to be one of the partners of ALBERT D. SEENO CONSTRUCTION CO., the partnership that executed the within instrument and acknowledged to me that such corporation executed the same as such partner and that such partnership executed the same. Inl l SUE ROCHELLE Notary Public Sue Rochelle 1 i 4. Nein--Y FUr:.!r-CALIFORNIA D i= ) CC%f A C_51A CUUHi) rtJ l \`i Civ Corn.Crp.Februiry 26.1972 j i ,, Bond No. : 732811 Premium $1,638.00 TMPROITE:-IEVTT SECTJRII'Y 3011D (Faithful. Performance & Maintenance,- AND Labor & Materials) (CaZif. Bus. & Prof. Code §ZZ612; Contra Costa County Standard Form) Z. OBLIGATION. (Principal) ALBERT D. SEENO CONSTRUCTION ,CO: . -a •partndrship . . . .as Principal, and ure y r_"VR AT__ INSIRAN _ . COMPANY OF AMERICA a corporation organized and existing under the lairs of the State of Washington and authorized to transact surety business in California, as Surety, ere y jointly and severally bind ourselves, our heirs , executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it : (A - Faithful Performance,—& Maintei,ance) ONE HUNDRED SIXTY THREF. THOUSAND THREE 'HUNDRED . . . . Dollars ($163,300 ) for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials) ONE HUNDRED SIXTY THREE THOUSAND EIGHT HUNDRED Dollars ($163 80'0 ) for the benefit of persons protected under Cal. Bus.&Prof.Code 11 12. 2. RECITALS. The Principal contracted with the County on to install and pay for street, drainage, and other improvements in Subdivi- sion No. 3898 as per map now being filed with the County's Recorder, and to complete said work within cna yoar from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. COUDI 1 ON. If the Principal faithfully performs all things required of ,him according to the ter3ns and conditions of said contract and improvement plan and improvements a,-reed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- ;antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to thein for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. i ; No alteration of said contract or any plans or specifications of said work a,gr.eed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included ,in the judgment. SIGNED AND SEALED on January 26 , 1971 PRINCIPAL partnership SURETY Albert D.- Seeno Construction Co. , a / Albert D Seeno Construction Co. , Ind. GENERAL INSURANCE COMPINY OF AMERICA a a crn a corpora By D c By c C;� Albert D. veno, President Carl H. Kufin, Attorney in-Fact * # # * 7-# § # # 0 # # State of California ) ss. County of San Francisco ) (ACKNOWLEDGilENT BY SURETY) On January 26, 1271 , the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorneys)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Co oration as Surety and his/their own name(s) as its 'Attorneys- - ac_ ,,� iLA Donna M. Cr ni_ch Notary Public for said County and State fImp; See. Band,�C.CC ltd:Foz 1;� DECEIVED 'GENERAL INSURANCE COMPANY ❑F-AMERICA , V' Home Office:4347 Brooklyn Ave.N.E.,Secrtfe,Wesh,ngron 96105 ' L►iEGO �� . fNftJR4NCE POWER OF ATTORNEY No. 1124-A KNOW ALL MEN BY THESE PRESENTS: That General Insurance Company of America, a Washington corporation, does hereby appoint -------------------------CARL It. KUHN, San Francisco, California--------------------- its true and 'lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its busi- ness, and to bind General Insurance Company of America thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, General Insurance Company of America has executed and attested these presents this. 11 day of NZArCh 19 68 ----------------- CERTIFICATE ExtracE from the By-Laws of General Insurance Company of America: "Article VI, Section 13. — FIDELITY AND SURETY BONDS . . . the Chairman of the Board of Directors, the President, any Vice President, and the Secretary shall each have authority to appoint individuals as attorneys- in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business. "`he power of appointment granted in this paragraph to the officers enumerated may be exercised by each of them sevetally, regardless of the availability or unavailability of the other officers enumerated. On any instrument making or evidencing such appointment the signatures may be affixed by facsimile. "On any instrument conferring such authority or on any bond or undertaking of the company the seal, or a facsim- ile thereof, may be impressed or affixed or in any other manner reproduced, provided, however, that the seal shall not be necessary to the validity of anv such instrument or undertaking." 1, W. D. llammersla, Secretary of General Insurance Company of America, do hereby certify that the foregoing is a true and correct copy of Article VI. Section 13 of the By-Laws of said corporation and of a power of attorney ex- ecuted pursuant thereto and that both said By-Laws and said power of attorney are still in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seat of said corporation this 26th day of January , 19 71 Copp+�` CNMTE M SEAL X SECRETARY d 1923 fdh of W15h14�o4 S-942 R2 10/67 PRINTED IN U.S.A. 9 m EMMETT HITCHCOCK EOWARO W VEAL Jw . COUNTY TREASURER.TAX COLLECTOR ASSISTANT ' TAX COLLECTOR'S OFFICE COUNTY TREASURER TA. COLLECTOR {+,IDNi 22B.,.,np ALFRED P LOMELI E*T :,.. 2"'F.27B7 CONTRA COSTA COUNTY TAF OFF�LE --St- FIRST INSTALLrE%Y O• T—ES FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 DELINQUENTDUE AND PAYABLE ON THE FIRST DAY OF NOVEMBER ON THE TENTH DAY OF DECEMBER -- February 1, 1Q77�'j 1 SECOND INSTALLMENT OF TAXES SECOND INSTALLMENT OF TAXES DUE AND PAYABLE DELINOUE NT ON THE FIRST DAY OF FEBRUARY ON THE TENTH DAY OF APPIL IF THIS TRACT IS NOT FILED BY FEBRUARY 28, 19 710 THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: TRACT NOR 3898 and have determined from the official tax records that there are no unpaid county taxes heretofore levied on the property included in the map. The current 1919. 7 tax lien has been paid in full. DOWIT HITCHCOCK Redemption Office By: J Doolty dl lot IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA April 24 1972 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 3900, San Ramon Area } Deposit: $500 ) Auditor's Permit No. 77272 ) Dated October 10, 1969 } Refund to: ) Gentry Development Company ) 366 Rose Street ) Danville, California 94526 ) On ngmhAr P90, 1970 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section $429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 24th day of A P11 , 1972 cc ; Public Works (2) W. T. PAASCH, CLERK Subdivider , By 11LU'tt 4f, '�1�:��c ff Deputy Clerk Helen C. Marshall IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain roads as County ) RESOLUTION NO. 70/864 roads , Subdivision 3900, ) San Ramon Area, Work Order 6754- ) WHEREAS the Public Works Director having notified this Board that construction of improvements have been completed in Subdivision 3900, San Ramon area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 3900, San Ramon area October 219 1969 (United Pacific Insurance Company - Bond No. B-590600) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 77272 dated October 10, 1969 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads , having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be _ County roads of Contra Costa County: SEDGEFIRLD AVENUE (36/56/0.10) FILBERT COURT ( 32/52/0.09) BROADMOOR DRIVE (40/60/0.11) ACORN COURT (32/52/0.09) CHESTNUT COURT ( 32/52/0.10) CASHEW COURT (32/52/0.10) PINffidUT COURT ( 32/52/0.09) ALMOND COURT (32/52/0.08) as shown and dedicated for public use on the asap of Subdivision 3900 filed October 24, 1969 in Book 128 of Maps at Page 41, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 29th day of December , 197 0 , by the following vote of the Board: AYES: Supervisors A. M. Dias, J. R. Moriarty# R. A. Linscheid, T. J. Coll. c.EwrIFIED COPY I certify that this is a full, true & correct copy of NOES• None. the original document which is on file in my office, and that it was passed °+ adopted by the Board of ABSENT: Supervisor J. P. 8e� Supervisors of Contra Costa County, California, on p y the date shown. ATTEST: NV. T. PA.A.SCH, county clerk&ex-officio clerk of said Board of Supervisors, by deputy clerk. cc: Recorder ��,LLc Public Works RESOLUTION' NO. 7048d64`:---� Subdivider c� �� X3, 3 - L-- PACIFIC GAS AND ELECTRIC COMPANY IPG�%';I Im �- 99 WEST NEAL STREET PLEASANTON, CALIFORNIA 94566 J. M. STANLEY MANAGER October 14, 1970 County of Contra Costa Court House Martinez, California Gentlemen: Gas and electric facilities have been completed and installed in Tract 3900, Contra Costa County, development of Gentry Development Company. Should you desire further information, please contact our Livermore Office at 195 South "N" Street, telephone 447-1480. Sincerely, `J.�M. STANLEY L P RECEI 'T /6 i573 I W. T. PAASCH CLERKZ*,�30A5P70F SUPERVI ORS COSTA C By putt' IN THE BOARD OF SUPERVISORS OP CONTRA COSTA COUN'T'Y, STATE OP CALIFORNIA In the Matter of Approval ) of Subdivision Mapp of ) Tract 3900, San Ramon Area) RESOLUTION NO. 69/689 ) WHEREAS a map entitled Tract 3900 , property located in the San Ramon area , having been presented to this Board for approve -, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the snap, and that the 1969-1970 tax, which beceme a lien on the First of March, 1969, is estimated to be w7,200: Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4. Title 8, of the County Ordinance Code; Surety 3onds issued by United Pacific Insurance Company with Sycamore Construction Company, a corporation, as principal, as follows: Bond Nc. B-590600 in the amount of $119,000 for Faithful Performance, and '119,500 for Labor and 14aterials to guarantee completion of public road and street improvements; Cash deposit (Auditorle Receipt No. 77272 dated October 10, 1909) in the amount of 500; Tax Bond No. 5-590599 in the amount of $7,200 guaranteeing payment of estimated 1969-1970 tax; Inspection Fee in the amount of =5,975; and Subdivision agreernt �s tw$en Sycamore Construction Company, a corporation, P. ?. x 751, a,L CS . • subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete road and street improvements, etc., in said subdivision within cne year from the date of said agreement; RESOLUTION N0. 691689 Form #23 NOW THEREFORE, BE IT RESOLVED that said bonds and Amannits and the amounts thereof be and the same are here y AP ROVED. BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same Is hereby APPROVED and. this Board does not accept or reject on behalf of the public any of the drives, courts, places or easements shown thereon as dedicated to public use. Ph-SSED AND ADOPTED this 21st day. of October , 19 69 , by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, E. A. Linscheid, J. E. Moriarty. NOES: None. ABSENT: Supervisor T. J. Coll, CERTIFIED COPY [ certify that this is a full, true & correct copy of the original document which is on file in my office. and that it wi, --ii-,-,ed tw tho Board of Supervisors of on the &t,� :s'_:c:-n. A-1 T. Ylj?�ASCH, county clerk&e.x-officio sic__:of said Board of Supervisors, by deputy clerk. RESOLUTION N0. 69/689 Form 23 to 4 )nn SUBDI'VISTON AGB:EEi<!ENT (31) Subdivision: 3900 1 "bZZ-"a. (§1) Subdivider: Sycamore Construction Company (B. & P. Code §§ _ a corporation ('§I) Effective Date : l0 2i (Contra Costa County (§1) Completion Period: Standard Form; 8-67) (§4) Deposits : A. (cash '500- B. (bonds , etc. ) 1. (faithful perf. & maintenance) $ 119#000.00 2. (labor,materials)$ 11Is50U*W- 1. Parties & Date. Effective on the above date, the County of Contra Costa,: California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision- 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs , fire hydrants , and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 84UO and following) and including future amendments, and all improvements requir_-t3 in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter ^.tilled "work1 within- the abode completion period f'.L•nzai date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11700 and following) , in a good worlonanlike manner, in accor- dance with accepted construction practices and in a :Wanner equal or superior to t:.e requirements of the County Ordinance Cade and rulings made thereunder; and vrhere there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter require-penes shall govern. 3. Guarantee & A"n_intenance. Subdivider guarantees that the work is and -W-111- be free from defects and will perform satisfactorily In accor- dance :;ith County Ordinance L ode §8429; and pie shall maintain it for one year after its completion and acceptance against any def'ec l e workmanship or materials or any unsatisfac'ory performance. 4. 1mDroyemert Security: Deposit & Bonds. Upon executing this Agrezm,M , Subdivider shalom, pursuant to Bus. & Pr,-Ps. Code §11612, deposit as Jacuri:,y ;rl; h the County: A. Cash: $500 cash; together with . . . . . . . . . . . B. Bonds , etc. : (i - :cithfuZ Performance! additional security for at least the above-specified amount, :•►h_ch is :he total estimated tort of the ;.cork less $500, in the form of a cash depos;_t, a certified or cashier' s check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after nomoLetion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; `lus (2 - Labor & Matevialsi another such additional security in at 'Least the above--specified a-�ount, e.hich is the full amount of said estimated cost, securing payment to the contractor, to his subcc•ntractors , and to persons rentino equipl,:_nt or furnish-in,--, labor or matierials to them or to the Subdivy 1e^. 5. War»ant�. Sttrdivi der- ,warrants that said in1DrOvClTerit Dian is ade- quate to accomplish this work as promised in Section 2 ; and if.. rt alny time b'efor'e the Cou: L 'S _.eSGlUtion of C-rn "et'.v.`. 'POr the SUbdiiiSio2?: the improveti:ent Alar proves, to be Ina- deq-- ire any respect - ��„ shall make ciianges necessary to acen_~: 1' h tie- -vorC'=: ac -1- o. No Waiver by County. Inspection of the •rrork and/or materials , or approval of wor and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials , or payments therefor, or any combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and. conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards , commissions , officers, agents and employees ; B - T.Une liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceedings) concerning thes- ; C - The actions causing liability are any act :.r omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any office, agent or employee of one or more of them; D - Non-Conditions : she promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee ha-- pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters . S. Costs. Subdivider shall pay when due all the ensts of the work, include g inspections thereof and relocating eXisting utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filen map and to the satisfaction of the Coun`�y Roane Commission:-:r-Surveyor. Z0. Nonper ormancL and Costs. If Subdivider fails to complete the 4ork and improvements within the time specified in this agreement or extensions Zranv.eca, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performarc-- of this agreement or recover the cost of completing the improvements . Subdivider shall bay all reasonable attorneys' fees, costs of Uuit, and all other expenses of litilgation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements , the subdivision is annexed to a city, the County may assign to that otty the County's rights under this agreement andi�or any deposit or bond securing them. 12. Record :.'ap. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one co-mplying :rith State laws and Cov-n'uy ordinances . -2- 1 F L E D W. T. PAASCH CLERK EOARD U SUPERVISORS �Ojd RAC T COU14TY ( [QOeputy COUNTY OF CONTRA COSTA SUBDIVIDER: (set,_ note 'beZow) SYCAMORE CON CTICN" 022�i� By _ d-- man, Board of :ujervisors By �it.?iAOr/ ATTEST: W. T. PP_ASCH, County Clerk ( zgnate offi iaZ capacity & e:://o��fficio Clerk of the Board in the busine ?) Py Gin u A Note to Subdivider: (Z) Execute Deputy aekno�gment "orm below; and r JI If a corporation, attach a JOHN B. CLAUS3N, County Counsel eertif;:ed coy of (a) the CY- PORI4 4PPRO-VT D: Zaws or (*b) the resolution of the Bcai,d of Directors, authori- :ing execution of this contract By anS of the bonda required r_erebu. nPPut" State of Cali.f=nia ss. (AcknowZedgment b8 Corporation, County of Contra Costa ) Partnerehip or Individual) On October 9, 1969 , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner* a: stated above who siizned this instrument, arid. ac- knowledscd to nit. trnac lie Executed it and that the corporation or partner- shiD named above E:.-ecuted it. OFFICIAL SEAL t THERESA ,UINE D;';{DAS .'m NOTARY FUSLIC - CALIFCRNIA PRI1lCIPAL CF nLL tri CONTRA COSTA COUNTY My Commission E;oiras h:,3, 1570 !votary Public for said Court ra•jai -. L. (Subdiv. Agrmt. CCC Std. Form) (PP-9; Rev. 8-07; 200) -3- OF BOM OF DII or SYCAH)M ICN C EMANY f At a special rooting of the Hoard of Directors of SYCAMM CXZLSRMJMCN 03MMY, a California aosporation, duly convened and held on the 9th day of oc b*er, 1969, the following Resolution vaa passed: WAS, Sycamore Construction Company, a California corp,ration, is the drmluper of Subdivision 3900 in the County of Contra Costa, and f W MAS, the County of Contra Costa requires the evecution by said carparatian of a Subdivision Mq=vvement Agrswant, and WIEWAS, the County of Contra Costa requires a Faithful Perfoa+w:ae Bend in the sun of CIS HMM NIMMM 9HOISM ($119,000.00) DCLLUS and a Iabor and Material. Bond in the sue of OW LUNDMD NIIMI THOWAND FIVE HMDBED ($119,500.00) DOLLAM, and WH'AFAS, it is required by the State of California, Division of Real Estate, that a Subdivision Questionnaire con- oerning said Subdivision 3900 be amac uted and submitted to the State of California in application for a Final Subdivision i Public Report, and %SAS, the Board of Dircctars of Sycamore Construction Ca pwW deem it in the best interests of said corporation to waeaute said Agreement in its usual form and post the Faithful Performance Bond and the Labour and Material Band in the sum as aforesaid and execute said Qurestiramad re, it is -1- -FE PAASCH t Special Meeting of Board of Directors of Sycamore Construction Caapany Page 2 of 2 NOW MEFErORE RESCUED, by Sycamore Crnstructiarn Carpany that the president of said corporation, to wit, TOM G"M, be and he is hereby authorized to execute an behalf of said corporation said Subdivision Agreement with the County of Contra Costa, State of California, and secure the Faithful Performance Bond and the Labor and Material Bond in the scans set forth hereinabove and execute said Questiamaine for the State of California. t DAZED this 9th day of Octob , 1969, in the City of Danville, County of Ccntra Costa, State of California. 1 do hereby certifytt:at this i, a • full, true and correct copy of the eriginaf, /RM&EMEVEISt�—Ln. SHX-7, Secretary Witness my hand and official seat tt;is Sycamore Construction Cly PUB�LI/C� WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F. R. GROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 229.3000 DEPUTY PUBLIC WORKS DIRECTOR October 16, 1969 Subdivision 3900 Honorable Board of Supervisors Administration Building Martinez, California Gentlemens There is submitted for your approval the map of Subdivision 3900 in Supervisorial District III in the San Ramon arms. Accompanying this map and pertaining thereto are the following documentss 1. Subdivision Agreement. Expiration date of one year time limit for completion is October 21, 1970. 2• A Surety Bond in the amount of $119,000.00 and a $500.00 cash deposit (Auditor's Receipt No. 77272 dated October 10, 1969) which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond in the amount of $119,500.00. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1969-70 tax, which became a lien on the first Monday of March, 1969, is estimated to be :7200.00. 5. Tax Bond in the amount of $7200.00 guaranteeing payment of estimated 1969-70 tax. The map is submitted for filing by the Transamerica Title Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, FRECIEWt-DI VICTOR W. S�l1ER l J Public Won ec�l - W• T. PAASCH CLERK BOARD OF SUPERVISORS By i �JCF NT A O.- aY/t��?d� oca�cy V• L• C ri We'L Assistant Public Works Director Highway Planning RGAssc ccs Title Company Planning Department Construction Division EMMETT HITCHCOCK EDWARD W LEAL JR COUNTY TREASURER-TAR COLLECTOR ASSISTANT TAX COLLECTOR'S QFFICE COUNTY TREAS.0 1.TAR cou ECTOP P•ION� 2ZB�• ^o ALFRED'D LOMEtI E-T Z71-1- Z'B' CONTRA COSTA COUNTY =•� Df..:E VANAvEP flOST INSTALLMENT Of TA.ES FIRST INSTALLMENT OF TARES MARTINEZ. CALIFORNIA 94553 - oELINou[Nr DUE AND PAYABLE ON THE TENTH DAY OF DECEMBER ON THE FIRST DAY OF NOVEMBER -- - - SECOND INSTALLMENT OF TARES October 7, 1909 SECOND INSTALLMENT or TARES DELINOUENT DUE AND PAYABLE ON THE TENTH DAY Of APRIL ON THE FIRST DAY OF FEBRUARY IF THIS TRACT IS NOT FnM B7 OC70BBR 319 19 690 NIS LETTIR 73 ID F LED CLERK_@OARD r StfrtERvF CON RA 5 ey 7'4 � ), This will certify that I have examined the W of the proposed subdivision entitled: TRACT :i0. 3900 and have determined from the official tax records that there are no unpaid County taxes heretofore levied an the property included in the map. The current1968-69 � tax lien has been paid in full. Our estimate of the 1_ tax lien, which became a lien on the first day of !larch, 1969, is = 7,,200.00 EMTT HITCHCOCK Redemption Officer By: ,� v uty dl STATE OF CALIFORNIA COUNTY OF Contra Cos to j SS ON------------October -7, 69 - ----•----- , 19.._._., before me, the undersigned,a Notary Public in and for said County and State,personally appeared ..Reeves-"L... Shaw .... --•-------------------- 1 A �[ Ffi�C cR C --------- - 1 `j 4w, cc� OLlsoc c�Gil'�As k wn tome to be the Secretary of the Corporation that executed the within instru- �us,%c,�;r �Z-A �'Ce IV ��a nt and the officers who executed the within instrument on behalf of the Corpora- r"s Co., 3, ,9?0 on therein named,and acknowledged to me that such Corporation executed the same. 1 / Notary's Signature............ ...e_ ;.� .. COR►ORATION ACKNOWLEDGMENT a Form No.l� Type or Print Notary's I�Iame............ er s June Dundas A y is the sum a - BOND No B-590600 I% PROVEMENT SECLTRITY BOND (FaitnfuZ Performance & Maintenance, HND Labor & Materials) (Calif. Bus. & Frof. Code §ZZ6Z�; Contra Costa Cour.ty Standard Form) Z. 0BLIGAT It;N. (Principal) SYCAMO=E CONSTRUICTION COMPANY a corporation as Principal, and ure u TM'WFD PACTFT . TTISi1RANC,E COMPANY a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in California, as Surety, here y jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintenance) One Hundred and Nineteen Thousand ----------------------- Dollars ($3.19,000.00 ) for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials) One gmdred Nineteen Thuosand Five Hundred -------------- Dollars ($ 119.9500.00 ) for the benefit of persons protected under Cal. Bus. &Prof.Code M612. 2. RECITALS. The Principal contracted with the County on to install a d pay for street, drainage, and other improvements in Subdivi- sion No. 3900 , as per map now being filed with the County's Recorder, and to complete said work within one year from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. 4o alteration of said contract or any plans or specifications of said work -greed to by the Principal and the County shall relieve any Surety from lia- -ility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2$19, and 'holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on October 7, 1969 PRINCIPAL SURETY SYCAMq E CONSTRUCTION MTAVrY a cQVoration )FIC INSURANCE COMPANY c BY -4 Bye, " W F. t State of California ) ss. County of ALAMEDA ) (ACKNOWLEDGMENT BY SURETY) On October-7- 1969 the person(s) whose names) is/ "e signed above for Surety and who is known to me to be the Atto ey(s}-i Fact for this ucrporate Surety, personally appeared before me nd ackno. le ed to me that he/they signed the name of the Corporations Surety and` Jtheir owri name(s) as its Attorneys)-in-Fact. 50SE GO ZALES Notary Public for said County and State (.Imp. Sec. Bond, CCG Std. Form) (HP-ZS;Rev. A-6,"; 2013) 9tttttat::ttuttaxst:r» tt::tt:tt:trrrr:;;.. R4 _ 'uil NOTARY PuiLlCt t ALAiTPA COUNTY, � prirttitttttJrlptttttttpttu 6e at7«.s r..:saitt qty MY Carnmi!;sjun LxDires October 25, 1959 I on ; STATE OF CAUFORNIA COUNTY OF Contra Costa {SS ON...........nctober---Ts--------------------- - --......----......-----.., 19..69 before me, the undersigned,a Notary Public in and for said County and State,personally*appeared ......Reeves..&....Shaw---......... --------------------------- ----------- ` ^'°T�FRf�c�� •� pRy A "`.� C S ,F 0(��'4 o jos oca� A,r known to me to be the Secretary of the Corporation that executed the within instru- J��3o H Yq ment and the officers who executed the within instrument on behalf of the Corpora- 19�0 tion therein named,and acknowledged to me that such Corporation executed the same. I Notary's Signature............... ........... CORPORATION ACKNOWLEDGMENT r The... ,-sa._.June__-Dundas Form Ne.14 TYF�or Print Notary*s Name................ Premium `, _ __ __ _ ,. ,. ,. „__.�� -n� � '� BOND NO. B-590599 is the sum of 8-2--Z--- V.. TAA BOND OOW ALL !BN BY THESE PRESENTS: That we- M" - _ ronst o a corporation as principal, and TnTrMVn TrrQew��_anuueuv a corporation. organized and existing under the laws of the State of ornia as surety. are held and firmly bond unto the osta State of California, in the am of rr%OTTC;ANn R, Tin/In (S 7.200.00- - - - - - - ) , lawful money of the United States of Amrica, for the payment of which sum wall and truly to be mads to said County Of Contra e^en+.= , we and each of us bind ourselves. our heirs, enscaters, administrator&, successors and assigns. Jointly and severally, finely by these presents SEALED with our seals and dated this 7th day of October 19 . The conditions of the above obligation is such that whereas the above bounden principal is about to file a map entitled Subdivision 3900 which shall be a subdivision of a tract of lamed in said Contra Costa County , and there are certain limas for taxes and special assessment collected as taxes against the tract of land covered by said map. The taxes and special assess■ sits collected as taxes are not as yet due or payable. Now. therefore, if the said principal shall pay all of the ta$oas and special asaeasmeats collected as taxes which are a lien against said tract of land covered by &aid map at the time of the filing of said not then this obligation shall be void and of no affect. Otherwise it shall remain in full force and effect. PRINCIPAL;: SURETY: Wcamore Construction Company a c poration UNITED PACIFIC INSURANCE COMPANY BT/f - - STATE OF CALIFORNIA (s&. COUNTY OF being the Surety named in the foregoing bond, being duly swots, says$ That is a freeholder and resident withia said Stats and is worth more than said sun of _ Dollars, over and above all debts and liabilities, exclusive of property exN*t from execution. Subscribed and sworn to before as this _ day of 19. A Notary Public for said County and -Z State t '; "i'► PAASCH CLERK LOUD Cr" SUPERVISC7S E-j ONTRA�+ ST U".TY K`fseG_G State of California County of ALAMA s: On October 7, 19-�2 before me, the undersigned, a Notary Public in and for said County, personally appeared WALTER F- MERKTF known to me to 6e the person whose name is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that-he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h-.:i. own name as Attorney-in-Fact. 3flit::ltr!'.tltta:'St:""a•"••. ,'•" AL�.",:Da CC'Jitiiti.CALIF. 81llsul::li=s:zuik;:xl7lII7Ui:rttttat[cuWr.ht � F�n,r . O:tobe�2�91969 i My Commission expires , otary Public in and for said C my B-2004 Colifomia - Jurat (Attorney-in-Fact Acknowledgment) Rev. 1-65 POSE GONZA(��• oil& IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA November 21 , 197 2 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 3908, Danville Area ) Deposit: $500 ) Auditor's Permit No. 82273 ) Dated May 19, 1970 ) Refund to: ) Di Giorgio Development Corporation ) P. 0. Box 67 ) Danville, California 94526 ) On April 20, 1971 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 21st day of November , 1972 cc : Public Works (2W. T. PAASCH, CLERK ) Subdivider By IJ641 a 1&444�, Deputy Clerk Helen C. i arshall IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain roads as County ) RESOLUTION N0. 71/260 roads, Subdivision 3908, ) Danville Area. ) WHEREAS the Public Works Director having notified this Board that construction of improvements have been completed in Subdivision 3908, Danville area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement .�� 3908, Danville area May 159 1970 Federal Insurance Company - Bond No. 8043-30-96 BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 82273 dated May 19, 1970 ) be RETAINED for one year pursuant to the requirements of Section' 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads , having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are t accepted and declared to be County roads of Contra Costa 1J County: ti �9 T"Ji1TBRIDGE ROAD (40/6o/o.12) BRIDGEWATE3 CIRCLE (32/50/0.20) BRIDGEJATER ROAD . .. .. . . . . . .. .. .. (40/56/0.02) OLD CREEK ROAD (40/56/0.13) as shown and dedicated for public use on the map of Subdivision 3908 filed May 27, 1970 in Book 131 of Mos at Page 10 Official Records of Contra Costa County, state of California. PASSED AND ADOPTED this 20th day of April , 197L-s by the following vote of the Boar : AYES: Supervisors A. M. Dias, J. E. Moriarty, W. N. Boggaas, E. A. Linschaid, J.J. Henry. • NOES: None, ABSENT: None. RESOLUTION NO. 71/260 I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution entered on the minutes of said Board of - Supervisors on the date aforesaid . Witness my hand and the Seal of the Bo�r of Supervisor arfixed this Oth day .�f Pr 19 ,n W. T. PAASCH, CLERK By Ruth B. Donovan epu y Mark cc : Recorder Public Works Subdivider 70-8: 500 27, 1976 , f C{.gRK gpARp OF Sup vlSORs RA A CO- peputY -- Mr. John X. 5lessea . Filpor Corporation P. 0. Box 67 Danville, California 94526 Dear Mr, Blessen: Referenco is r"do tc your May Us 1:70 request to thin Board of tb t . Subdivision 3903 be to an oxistir.;,; street lial,3tive 7hQ territory c_• e: x proposad subdivision is already within d—.,i L• of Cowty Service Area K-6. %4z .ch: s4_«r.co area is euvow mad to reactor strcet 1;:41ting =1V:Lc13_ s. vrry truly yours, County Administrator JSC/aa cc. Public Works . ■ July S. 1970 Di Giorgio Corporation 1 Martime Plaza San Francisco, California 94111 Attention& Mr, Arch Sparrowe Gentlemen• Res Subdivision 3908, Danville area. We are sorry that we are unable to return Federal Insurance Company bond No. 804336-03 issued to Filper Corporation in the amount of ;15,000. Once a bond or other document has been officially placed on file, the County Clerk is not permitted to remove it from his files, However, by order of the Hoard of Supervisors on June 30, 1970 the above mentioned bond was exonerated, We are enclosing a certified copy of said order for your information. Very truly yours, W. T. PAASCH, CLERK By Barbara Kemp Deputy Clerk WTP sbk Enc. ccs Filper Corporation f In the Board of Supervisors of Contra Costa County, State of California June 30 , 19 10 i( �? In the Matter of Releasing Cash Deposit and f Exonerating Tax Bond, Sub- division 3908, Danville Area. The Filper Corporation having filed with this Board Tax Bond No. 8043-36-15 issued by the Federal Insurance Company, with said corporation as principal, in the amount of $15,500 guaran- teeing payment of the estimated 1970-1971 tax lien, said bond replacing a $15,000 bond heretofore Piled with this Board and a $500 cash deposit in connection with the approval of map for Sub- division 3908, Danville area; NOW.. THEREFORE, on the recommendation of the Public Works Director and on motion of Supervisor J. E. Moriarty, seconded by Supervisor A. M. Dias, IT IS BY THE BOARD ORDERED that the $15,500 bond is ACCEPTED and the County Auditor is AUTHORIZED to refund to Title Insurance and Trust Company, 1700 Webster Street, Oakland, California, the $500 cash deposit as evidenced by Auditor's Deposit Pernit No. 82453 dated May 26, 1970• IT IS BY THE BOARD FURTHER ORDERED that the $15,000 bond (No. 8043-36-03) is hereby EXONERATED. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, T. J. Coll. NOBS: None. ABSENT: . Supervisor E. A. Linscheid. 1 hereby certify that the foregoing is a true and oared copy of an ander«Mend on the mitwles of said Board of Supervisors on the dote aforesaid. cc: Auditor Witness my hand and the Seal of the Board of Public Works (2) Supervisors Subdivider affixed this 30th day of June , 19 70 Title Company W. T. PAASCH, Clerk By' l,'U, 4el� �Y . Depuwy Clerk Mildred 0. Ballard H 24 12/69- IoM 3 I PUBLIC WORKS, DEPARTMENT _ ., VICTOR-W. SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING NtARTINEZ, CALIFORNIA 94553 R. D. BROATCH TELEPHONE 220.3000 DEPUTY PUBLIC WORKS DIRECTOR June 23, 1970 Subdivision 3908 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: We are enclosing Bond Against Taxes, in the amount of $15,500, guaranteeing payment of estimated 1970-71 tax, as replacement for existing bonds. Very truly yours, VICTOR W. SAUER Public Works Director By � V. L. Cline Assistant Public Works Director Highway Planning RGA:fa Attachment RECEIVED W. T. PAASCH CLERK BOARD OF SUPERVISORS RA COSTA CO. By • Deputy OQ` e �o C°�pXy C06ju1� �aa�to° s°dt°t d slat°� `s va° CAW' div""- 4obt`i ° cd c abc a IV �4{Q d°19 1bE ie� �„c°� EtG,o� SC`° E E t`114 vs, u1Ed lbE 1�y b► ! , to E Esq lop tia°o �a 4' a�cd�t` ats�t°Q �E bEtc F✓'apt?.: b°cscc ct'Cel {�♦bayttcp' spat°t tD to IA ��' Ate: ,r� �� ""•3•s�a OP vp ��'�� 1',�•.`ti��T`C.iL •eta v S fit✓ a. G00�00 0 �t�y" f Qty BOND AGAIRST TAKES BOND No. 8043-36.15 !?'NOV ALL MEET BY THESE PRESEI+T S• p�11af �u6.25 THAT riLPER CORPORATION, a corporation, as principal nn d and ERMAT_ TL%j8A.xr, ZOAVAU as sureties are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of Fifteen Thousand Five Hundred & 00/100-------Dollars ( $15,500.00---------- to be paid to the said County of Contra Costa, for the payment of which ve and each of us bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. . SEALED with our seals and dated this 12th day 193A. The conditions of the above obligation are such that WHEREAS, the above bounded principal is about to file a Map entitled "Subdivision 3908, Sycamore Unit 3 . . . . . . . . . . . . . . . Contra Costa County. California" and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said Tract of land covered by said Map, which taxes and special assessments collected as taxes, are not as yet due or payable. Nov, therefore, if the said Principal shall pay all of the taxed and special assessments collected as taxes which are a lien against said tract of land covered by said Map at the time of the filing of said Map of said Tract, then this obligation shall be void and of no effect. Otherwise it shall remain in full force and effect. FILPE.R CORPORATION Fsn�AL��sst�►ls� (�]1gANY By• ft,� f._ B. E. Da s, Attains tY By- STATE OF C LIFORNIA ) Surety COUNTY OF CONTRA COSTA) ss and Sureties named in the foregoing bond, being duly sworn, each for himself says: That he is a freeholder and resident within said State and is worth the said sum- of Dollars, over and above all his ebts and liabilities, exclusive of property exempt from execution. Subscribed apd sworn to,,before �r Surety rye this /5 ,n� day of 192a �L ��H ►��:4S'LYa'�:�r:5?e's i a-c'-r."frhR?ailY� '.L tSE S,I1 v I L 1iii ZTH 1 NEI/. Nu r ry Pubi !._T. PAASCH CLERK @UARD CP SuPERVIson, 4 j,CODNw �TR!`�,C T COUP. Dy�fuyL� y Cvk�t i i ACKNOWLEDGMENT OF ANNEXED INSTRUMENT STATE OF CALIFORNIA ss.: CITY AND COUNTY OF SAN FRANCISCO On this.._12th......day of....._......MV.............._.....in the year one thousand nine hundred and.....Seventy---__---------_ before me. ..................._..._.._.......__............_...._............_...._........ u? .. �y.. �4.od...._....a Notary Public in and for the City and County of San Francisco,.State of California, residing therein, duly commissioned and sworn, personally appeared...........,... .known to me to be the...... of FEDERAL INSURANCE COMPAIK,the Corporation that executed the within instrument,and also known to me to be the person........who executed the within instrument on behalf of the Corporation therein named and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, in the City and County of San Francisco, the day and year in this certificate first above written. LINDA KAY ROOD NOTHAT PUEtIC-CAIIFORIII Notary Public in aX� iheCity and Countyof11iy Commission expirest. ._._.Caz nxu.Cnuutx.r,F. San Francisco,Staalifornia :�,St• ;-:.'� SSV FRA*.4CISC0 •F-e69 try COMMiSS6,1 Ex*es May ce. 1973 GetiWi a!'y st _ POWER OF •ATfORNET . RmaraU A1=6g t4M PrMUt9. That the FEDERAL INSURANCE COMPANY,90 John.Stresk New York,New York,a New Jersey Corporation,has cohAitated and appointe4 sad does hereby constitute and sppoW E. A. Stabb Stanley Park B. E. Davis of San Francisco, California each its tine and lawful Attorney-in-Fact to execute under such designation in its name'and to affix its-corporate seal to and deliver for and ou'its behalf as surety thereon or otherwise,beads of any of the following dawsb to-with L Bonds and Undertakings (other than Fiduciary Bonds) Sled in any snit,matter or proceeding in any Court, or Sled with any Sheriff or Magistrate, for the doing or not doing of anything speciaw in such Bond or Un , in which the penalty of the bond or undertaking does not exceed the sum of Fifty Thousand Dollars 'M, .000.00). 2. Surety Bonds to the United States of America or any agency thereof,indnding those required or permitted under the laws or regulations relating to Customs or Internal Bewenue; License and Permit Bonds or other indemnity bonds under the laws,ordinances or regulations of any State,City,Town, Village, Board or other body,oro on, public or private; bonds to Transportation Companies, Lost Instrument.bonds, Lease bonds,W)r en's Compp tion,bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs,Deputy ki e;I s'nand similar public officials. 3. Bonds'oa behalf of contractors in connection with bids,proposals or contracts to or with the United States of America.any State or political subdivision thereof or any person,Sim or corporation. -ill j!Y ftrWt, the said FEDERAL INSURANCE COMPANY has,pursuant to its BY-Laws, caused-these presents to be signed by its Vice President and Assistant Secretary and its corporate sear to be bareto si6zed this let day of January 19 69. FEDERAL INSURANCE COMPANY: By. fir.•' Frederick C.Gardner Vice-President 'JERS� Walter LaForge Apistallt Secretary STATE OF NEW YORK ) )} ss.: County of New York On this 1st day of January 1969,before me personally came Walter LaForge, to we known and by me known to be Assistant Secretary of the FEDERAL INSURANCE COMPANY, the eor- porstion described in and which executed the foregoing Power of Attorney and the said Walter I"o*e being by me duly sworn,did depoes and say that he resides in the City of New York, in the State of New York; that he is Assistant Secretary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal aced to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By-Laws of said Company and that be signed said Power of Attorney as Assistant Secretary. of said Company by like authority;that be is acquainted with Frederick C.Gardner and knows him to be Vice President of said Company, and that the signature of said Frederick C.Gardner subscribed to said Power of Attorney is in the genuine handwriting of said Frederick C.Gardner and was thereto subscribed by authority of said By-Laws and in deponent's presence. Acknowledged and Sworn to before me Inj1WOIUU4 ro,� on the date above written °''�� • BE '• '* AU6L1G' MARY L BENDICK S�,9f'••......••'�•.i0 . NOTARYNo.244MWIM Naw Yaek 1 cArtifieste Sell in NO*York County CanExpires March SO,1M. FOAM 126"(M.I-") JAM1 IOU CITY AND COUNTY OF NEW YORK:ss 1,the undernicned.Assistant Secretary of the FEDERAL INSURANCE COMPANY, do hereby eoart[ty lint the.tollowine is a true.excerpt from the By-Laws of the said Company as adopted by its Board at Diredm an, Maich•11,19M and amended January 2,1964 and that this By-Law is in full force and effect. "ART[CLE SIX Section 2. All bonds, undertakings,contracts, powers of attorney, and otherinskvweota:otbar _ than as above,for and on behalf of the Company which it is authorised by law or its charter, to execute,may and sball be executed in the name.and on behalf of the Compeny ember by.tis' - Chairman or the Vice-Chairman or the President or a Vice-President, jointly witi the Seem tary or an Assistant Secretary, under their respective designations, except that aa7,'one or •` more officers or attorneys-in-fact designated in any resolution of the Board of Dlesetoss•or.tbs .l� Executive Committee, or in any power of attorney executed as provided for in this aeetioo, may execute any such bond, undertalona, or other obligation as provided in aneh:r sebAica;or: . power of attorney." -Aad I i xbw eeetify that I have empnred lie f I g m" et the POWJM OF-ATIOMMY with tis a daw thaw[ani the craws is a costed and tsps eapy cd the whole et eidd eel bd PW W a[A*mW,and tint Haid Pam et Atto W hm not been :evoked. And I finder ae Wy that said FEDERAL INSURANCE COMPANY is duly licensed to transect Sdelity and sarity business in each of the States of the United States of America, Puerto Rie% and each ad the Provinme of the Dominion of Canada with the exception of Prince Edward Wand; aid is Woo-duly Beonned to beeaoss We wntY an bands,nadestakiaM etc.,pang ttei or required by the laws at lie United 8tntsa Qtvft:aiies hey hand and and of said Compaq at Now York,N. Y., AN at t-4 _ 3 y' i 4b In the Board of Supervisors of Contra Costa County, State of California May 19 19,-7-0 In the Matter of Request of John 11-11. Blessen, Filper Corporation, for inclusion of Subdivision 3908, Danville area, in an existing Lighting District. This Board having received a letter from Mr. John M. Blessen of the Filper Corporation, Post Office Box 67, Danville, California, requesting the inclusion of Subdivision 3908, Danville area, in an existing lighting district; On motion of Supervisor A. M. Dias, seconded by Super- visor E. A. Linscheid, IT IS BY THE BOARD ORDERED that this matter is REFERRED to the County Administrator. The foregoing order was passed by the following vote of the Board: AYES : Supervisors A. M. Dias, J. E. Moriarty, E. A. Linscheid, T. J. Coll. NOES: None. ABSENT: Supervisor T. J. Coll. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors cc: Mr. John M. Blessen affixed :his i atH day of , , _ 197 County Administrator W. T. PAASCH, Clerk Public Works (2) By I+,�,, �1, �' t� yj Deputy Clerk Anne ti. McSorley H 24 12/69- 10M V FILPER CORPORATION P. O. BOX 67 • 401 SOUTH HARTZ AVENUE • DANVILLE, CALIFORNIA 94526 (415) 837-9188 LAND DEVELOPMENT DIVISION 1Y ;r May 11, 1970 RECEIVii D MAY 12 1970 W. T. PAASCH Board of Supervisors CLERK 4110ARD OF SUAPERVISOR& Contra Costa County 13Y DI1/11tf Administration Building Martinez, California Re: Tract 3908 - Lighting District Gentlemen: It is our desire to have the subdivision known as Tract 3908 included in the existing lighting district. We have attached a metes and bounds description of this property which may be utilized in affecting this annexation. Your earliest consideration of this request would be greatly appreciated. Sincerely, J n M. Blessen JMB:vk Enclosure �' DESCRIPTIONS THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA* COUNTY OF CONTRA COSTA• UNINCORPORATED9 DESCRIBED AS FOLLOWS' PORTION OF THE PARCEL OF LAND DESCRIBED AS PARCEL 1 IN THE DEED TO FILPER CORPORATION RECORDED FEBRUARY 249 1961• IN BOOK 3811 • PAGE 352. OFFICIAL RECORDS• INSTRUMENT N0. 123469 DESCRIBED AS FOLLOWSs BEGINNING AT THE INTERSECTION OF THE NORTHERLY LINE OF PARCEL 1 IN THE DEED TO CONTRA COSTA COUNTY RECORDED OCTOBER 169 19629 IN BOOK 42239 PAGE 577. OFFICIAL RECORDS+ INSTRUMENT N0. 841619 AND THE GENERAL EASTERLY LINE OF PARCEL 1 IN THE DEED TO FILPER CORPORATIONS A CORPORATION• RECORDED FEBRUARY 249 19619 IN BOOK 38119 PAGE 3529 OFFICIAL RECORDS+ INSTRUMENT N0. 123461 RUNNING THENCE ALONG SAID GENERAL EASTERLY LINE AS FOLLOWSS NORTH 370 51 ' 29" EAST9 675.10 FEET & SOUTH 530 31 ' 10" WEST9 420.68 FEET AND SOUTH 600 29 ' 08" WEST9 323.49 FEET TO THE GENERAL EASTERLY LINE OF "SUBDIVISION 35729 SYCAMORE UNIT 1...." FILED JULY 279 19669 IN BOOK 112 OF MAPS+ PAGES 11 TO 179 INCLUSIVEt THENCE SOUTHWESTERLY ALONG SAID GENERAL EASTERLY SUBDIVISION LINE AS FOLLOWSs SOUTH 80 30' 00" EAST9 110.00 FEET & SOUTH 230 00' EAST9 56.00 FEET & WESTERLY ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 235 FEET THROUGH A CENTRAL ANGLE OF 390 00' 9 AN ARC DISTANCE OF 159.96 FEETt NORTH 740 00 ' WEST9 156.00 FEET; WESTERLY AND SOUTHERLY ALONG THE ARC OF TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 20 FEET+ THROUGH A CENTRAL ANGLE OF 850 20' 001*9 AN ARC DISTANCE OF 29.67 FEETi SOUTHERLY ALONG THE ARC OF A COMPOUND CURVE HAVING A RADIUS OF 760 FEET* THROUGH A CENTRAL ANGLE OF 210 50 ' 00119 AN ARC DISTANCE OF 289.61 FEETt SOUTH 420 30' 00" WEST9 77.74 FEETi WESTERLY ALONG A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 386.22 FEET9 THROUGH A CENTRAL ANGLE OF 110 45 ' 001' 9 AN ARC DISTANCE OF 79.20 FEET ; SOUTHWESTERLY ALONG THE ARC OF A COMPOUND CURVE HAVING A RADIUS OF 162 FEET9 THROUGH A CENTRAL ANGLE OF 360 55 ' 00" AN ARC DISTANCE OF 104.38 FEET; SOUTH 170 209 00" WEST9 180.00 FEETi SOUTHERLY ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 162 FEET9 THROUGH A CENTRAL ANGLE OF 440 33' 00119 AN ARC DISTANCE OF 125.96 FEETi AND SOUTH 270 13 ' 00" EAST ALONG SAID GENERAL EASTERLY LINE OF SUBDIVISION 3572 AND ITS SOUTHERLY EXTENSION 201.95 FEET TO THE NORTHERLY TERMINUS OF A 30 FOOT RADIUS CURVE ON THE NORTHERLY LINE OF SYCAMORE VALLEY ROAD AS IT EXISTED DECEMBER 319 1969; THENCE SOUTHERLY AND EASTERLY ALONG SAID NORTHERLY LINE AS FOLLOWS SOUTHERLY AND EASTERLY ALONG THE ARC OF TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 30 FEET THROUGH A CENTRAL ANGLE OF 9009 AN ARC DISTANCE OF 47.12 FEET; NORTH 620 47 ' 00" EAST9 372944 FEET ; NORTH 580 47 ' 44" EAST9 143.80 FEETt NORTH 620 47 ' 00" EAST9 300.61 FEET1 EASTERLY ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OK-154775 PAGE 3 OF 1+140.08 FEET9 THROUGH A CENTRAL ANGLE OF 70 341 57"t AN ARC DISTANCE OF 150.87 FEETt NORTH 550 12' 03" EAST* 140.63 FEETt NORTH 560 28' 26" EAST. 450.14 FEETt NORTH 550 12' 03" EAST. 228.67 FEETt NORTH 520 161 13" EAST. 13.88 FEETt AND NORTH 560 291 39" EAST, 22.95 FEET TO THE POINT OF BEGINNING. NOTE$ THE ABOVE IS A PERIMETER DESCRIPTION OF "SUBDIVISION 3908 SYCAMORE UNIT 3.•..." TO BE FILED. OK-154775 PAGE 4 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the batter of Approval ) of Subdivision Map of ) Tract 3908, Danville RESOLUTION N0. 70/318 Area. WHEREAS a map entitled Tract 3908 , property located in the Danville area , having been presented to this Board for approval, said map having been certified by the proper officials, -and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the 1969-1970 tax lien has been paid in full, and the 1970-1971 tax lien, which became a lien on the first day of March, 1970, is estimated to be $159500; Letter from the Public works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 8, of the County Ordinance Code; Surety Bonds issued by Federal Insurance Cowpwq with PLIper Corporation as principal, as follows: Bond No. 8043-30-96 in the mount of $709000 for Faithful Performance, and $709500 for Labor and Materials to guar- antee completion of public road and street Improvements; Cash deposit (Auditor's Permit Number 82273 dated May 19, • 1970) in the amount of $500; Tax Bond No. 8043-36-03 in the amount of $15,000, and cash deposit (Auditor's Permit No. 82453 dated May 269 1970), guaran- teeing payment of estimated 1970-1971 tax lien; Inspection Fee in the mount of $3,525; and Subdivision agreement between Filper Co oration, P. 0. Box 67, Danville, California subdivider and the County of Contra Costa, wherein said subdiv. ider agrees to complete road and street improvements, etc., in said subdivision wtiin oney'ar from the date of said agreement; (may Z97 RESOLUTION NO. 70/318 Fom 123 NOW, THBREFORE, BE IT RESOLVEI} that said bonds and ftoositsand the amounts thereof be and the same are ere y APP OVD. BE IT FURTHUi RFSOLIMED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement;` BE IT FURTHv-R RESOLVED that said reap be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements shown thereon as dedicated to public use. PASSED AND ADOPTED this 26th day of KaT , 19„ '0�, by the following vote of the Board: AYES:: Supervisors J. P. Kenny: A. M. Dias, J. S. Moriarty, E. A. Linscheid, T. J. Coll. NOES: done. ABSENT: None. t,;.l};k'.rIF1ED COPY L certify that this is a full, true & correct copy of the original document. which is on file in my office, and that it Was t,a ci alinr,ted by the Board of supervisors of Co!Itr-' California, on ec t Public Works (2) the date sliown. ATTE"', : �y'. T. P a—A--CH, county Planning clerk&ex-officio clerk of said Board of Supervisors, Subdivider by deputy clerk. RESOLUTION N0. 701318 Form #21, To-4.500 . � COUNTY OF CONTRA COSTA DEPOSIT, PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER 82453_ TO THE TREASURER: MARTINEZ. CALIF. RECEIVE FROM No. Auditor-Controller 6 - DATE 5-26-70 BUDGET UNIT 111 THE AMOUNT SHOWN BELOW F011 CREDIT TO THE FUND OR FUNDS INDICATED: REVENUE FUND FUND NAME DESCRIPTION SPECIAL FUND REVENUE CR AMOUNT AMOUNT S S SPECIAL DEPOSITS 8109 9965 500.00 JUDICIAL SPECIAL DEPOSITS 8110 9965 GENERAL 1003 THE ABOVE AMOUNT COVERS: _!�-P.___ __SER:__ S S [.TOTAL 500.00 Tax Lien jg� 1970-10 71 Tract No. 3908 RECEIPT IFAB AMOUN S HEREBY ACKNOWLEDGED. ��( ;�- )2 _ DE TY COUNTY A DITOR DEPUTY COUNTY TREASURER 111 COUNTY DEPARTMENT RESPONSIBLE FOR ABOVE CASH COLLECTIONS ID 34 REV. 1.66 100,0001 ^ 1 SEE COUNTY ADMINISTRATOR'S BULLETIN 1071. O. 8 1 PUBLIC WORKS DEPARTMENT VICTOR SAUER CONTRA COSTA COUNTY a. P. WOR PUBLIC WORKS P'JS DIRECTOR CHIEF JGt! PUBLIC LIC WOnKS GIRCCTOR ROAD COMMISSIONER•SURVEYOR 6TH FLOOR, ADMINISTRATION BUILDING MARTINEZ, CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228.3000 OEPUT* PUBLIC WORKS OIRtCTOR May 25, 1970 Subdivision 3908 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3908 in Supervis3rial District III in the Danville area. Accompanying this map and pertaining thereto are the following documental I. Subdivision Agreement. Expiration date of one year time limit for completion is May 15, 1971. - 2. A Surety Bond in the amount of $70,000 and a 5500 cash deposit (Auditor's Permit Number 82273 dated May 19, 1970) whic amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond in the amount of $70,500. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 19 70 tax, which became a lien on the first Monday of March, is estimated to be $15,500. 5. Tax Bond in the amount of $15,000 guaranteeing payment of estimated 1970-71 tax. including a check for $500 to supplement the Tax Bond. The map is submitted for filing by the T. I. Corporation under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAUE Public Works lirector 3 V. L. Cline Assistant Public Works Director Highway Planning VLC:sc cc: Title Company Planning Department Construction Division HP-26 (12-69) (200 copies) ACKNOWLEDGMENT OF ANNEXED INSTRUMENT STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO j ss.: On this.....216t....day oL.....April......................in the year one thousand nine hundred and.........4W.Q12U.... before me. ................•-•...................•••.......•-•-.................---..._._........... n�a aJ ef��od....,a Notary Public in and for the City and County of San Francisco, State of California, residing therein, duly commissioned and sworn, personally ..............................known to me to be the.-Attmo ID appeared................B...E..._I)3Yi&........................._ J!........_..f �_....-..._......-- of FEDERAL INSURANCE COMPANY,the Corporation that executed the within instrument,and also known to me to be the person.......who executed the within instrument on behalf of the Corporation therein named and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, in the City and County of San Francisco, the day and year in this certificate first above written. LINDA KAY ROOD NOTIR1 FOCLIC•CALIF011111 Notary Public in and for a City and County of My Commission expires.,' _ gux-.wa coLa�r.aF San Francisco,State of California _... SAN FRANCISCO .►s•• My Coruriission Expires A1ry 26. 1973 Bond # 8043-30-y6 Premium $ 548.75 IMPROVEMENT SECURITY BOND (Faithful Performance & Maintenance, AND Labor & Materials) (Calif. Bus. & Prof. Code 511612; Contra Costa County Standard Form) Z. OBLIGATION. (Principal) VTLPRR as Principal, andure y Fg pL ANY a corporation organized and existing under the laws of the State of New Je p= and authorized to transact surety business in Californ a, as surety, hereb7y jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it : (A - Faithful Performance, & Maintenance) Dollars ($ ) for itself or any City-assignee under the below'---c-ted subdivis on con. ract, plus (B - Labor & Materials) Seventy Thousand Five Hundred and Nohnnth _ Dollars ($� ) for the benefit of persons protected under Cal. Bus. &Prof.Code1 12. 2. RECITALS. The Principal contracted with the County on fir, 25_ ja7n to install and pay for street, drainage, and other improvements n Subdivi- sion No. 39g8-unit .11.1 , as per map now being filed with the County's Recorder, and to complete said work within from said date, all in accordance with State and local laws , ru ings thereunder and the subdivision contract . 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect . No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code 52$19, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on PRINCIPAL S F11M CORPa�ATIUbi By ter_ �-f By B. Davis At ney-in--Pact State of California ) ss, County of ) (ACKNOWLEDGMENT BY SURETY) On , the person(s ) whose name(s) is/are signed above for Surety and who is known to me to be the Attorney(s)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Surety and his/t^e'» ::wn -QE`s) as its Attorney(s)-in-Pact. Notary Public for safd County and State (Imp. Sec. Bond, CCC Std.Form) (HP-15;Reu. 8-67; 200) a A E 1 • c«eie.tcpsa . - FOWER.OF ATTORNEY : fdOW W gift bg*u VrMntg. That the FEDERAL INSURANCE COMPANY,90 John Steens,Now York,New York,a New Jersey Corporation.has constituted and appointed,and does hereby constitute and appoint E. A. Stabb Stanley Park B. E. Davis of San Francisco, California eicliita'trae and lawful Attorney-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otberwise,bonds of any of the following classes,to-wits. L Bonds and Undertakings (other than Fid Bonds) Sled in any suit,matter or proceeding in any Court, or Sled with any Sheriff or Magistrate, for doing or not doing of anything specified in such Bond or Un ,in which the per of the bond or undertalang does not exceed the sum of Fifty. Thousand Dollars'( .000.00). 2. Surety'Bonds to the United States of America or any agency thereof,including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws,ordinances or regulations of any State, City, Town, Village, Board or other body or org tion..public or private; bonds to Transportation Companies, Lost Instrument bonds, Lease bonds,Worlm ea s Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, 8herifl's,Deputy SberiSa and similar public officials. & Bonds on behalf of contractors in connection with bids,proposals or contracts to or with the United States of Ameries,any State or political subdivision thereof or any person,fish or corporation. is nflMtfllr jabefftt. the said FEDERAL INSURANCE COMPANY has,pursuant to its By-Laws, causedAhess presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be bersto affixed this 1st day of January 19 69. FEDERAL INSURANCE COMPANY By Frederick C.Gardner : Vice-President FM'JERS Walter LaForge Assistant Secretary STATE OF NEW YORK ) County of New York On this 1st day of January 1969,before me personally came Walter LaForge, to me known and by we known to be Assistant Secretary of the FEDERAL INSURANCE COMPANY, the cor- poration described in and which executed the foregoing Power of Attorney and the said Waiter LaForgs being by me duly sworn,did depose and say that he resides in the City of New York, in the State of New York; that he is Assistant Secretary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By-Laws of said Company and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority;that he is acquainted with Frederick C.Gardner and knows him to be Vice President of said Company, and that the signature of said Frederick C.Gardner subscribed to said Power of Attorney is in the genuine handwriting of said Frederick C.Gardner and was thereto subscribed by authority of said By-Laws and in deponent's presence. Acb-nowledged and Sworn to before inne ````ttttt.Wuttn1g1�n.,,a on the date above written ```` • woos • _ NstusyPeddie =* •: pUBLIG 'Nc MARY L BENDICK NOTARY Public, &ata d New York No.24.0200 `=,,�flp'�••.•.•.•'��,`� Qonlided is IICings ork 4��y ,141 f ntNNp�,`t ^�HO Korth 30, row i=44(RD.1-so) J-6641(M) EMMETT HITCHCOCK EDWARD W LEAL. JR COUNTY TREASURER-TAX COLLECTOR ASSISTANT TAX COLLECTOR'S OFFICE COUNTT TREASURER.TA7I;COLI.ECTOR P..ONI 228 np - ALFRED P LOMELI EST 7�•'. 27'x• 2597 CONTRA COSTA COUNTY TA. DF•ICE MANAQEP FIPST INSr•LL ME%r Of TABES FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 oELINDUENT DUE AND PAYABLE ON THE TENTH DAY OF OECEMBEIV ON THE FIRST DAY OF NOVEMBER April ��f�c}? -- April 2-O, 1970 SECOND INSTALLMENT OF TAXES SECOND INSTALLMENT OF TAXES DELINQUENT DUE AND PAYABLE ON THE TENTH DAY OF APRIL ON THE FIRST DAY OF FEBRUARY IF THIS TRACT IS NOT FILED BY OC70BER 31, 1970s UTTER 75 MD This x311 certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 390 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current1_ 9�0 tax lien has been paid in full. Our estimate of the 7O70-1 tax lien, which became a lien on the first day of March, 12Z% is $ 15.500.00 . ENOTT HITCHCOCK Redemptionicer / i By• • Deputy) dl CORPORATE RESOLUTION WHEREAS, this -corporation, FILPER CORPORATION is the owner of Lots 1 through 32 inclusive, "SUBDIVISION 3908, SYCAMORE UNIT 3 . . . . .CONTRA COSTA COUNTY California; and WHEREAS, this corporation desires to apply for and obtain a Public Report from the Division of Real Estate of the State of California with respect to said lots ; NOW, THEREFORE, IT IS RESOLVED, that any officer of this corporation be, and each such officer hereby is , authorized to prepare, verify and file with the Division of Real Estate of the State of California all Subdivision Questionnaires which may be required by the Division of .Real Estate, on such form or forms as may be prescribed by the Division of Real Estate . The foregoing is a true and correct copy of the resolution duly and regularly adopted by the Board of Directors of FILPER CORPORATION, A CORPORATION, and the same has not been revoked, modified or rescinded. Dated FILPER CORPORATION CA CORPORATION) By C% CERTIFIED COPY OF RESOLUTIONS ADOPTED BY THE BOARD OF DIRECTORS OF FILPER CORPORATION, A CALIFORNIA CORPORATION AT A SPECIAL MEETING HELD ON MAY 13, 1970 RESOLVED that GEORGE C. FILICE as President of this corporation be and he is hereby authorized and directed to execute for and on behalf of this corporation and in its name a Subdivision Agreement with the County of Contra Costa, State of California, for the installation of improvements for Tract No. 3908 and RESOLVED further that the officers of this corporation are directed to procure and furnish at the expense of the cor- poration all performance bonds and bank guarantees necessary for the completion of said subdivision as are required by the terms of said Subdivision Agreement. - - - - - - - - - - - - - - - - - I, RON AUSTIN, Secretary of FILPER CORPORATION, a California corporation, do hereby certify that the fore- going is a full, true and correct copy of the Resolutions duly adopted by the Board of Directors of this corporation at a special meeting of said Board of Directors held on May 13, 1970, at which a quorum of said Board of Directors was present and voting, and that the same has never been amended, modified or rescinded, but is now in full force and effect and of record in the minute book of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of this corporation this 13th day of May, 1970. R& Austin, Secretary SUBDIVISION AGREEMENT (§1) Subdivision: 3908 (B. & P. Code §§1161Z-12) (§1) Subdivider: Pilper Corporation 1 Effective Date: May 15, 1970 (Contra Costa County (§1) Completion Period: One Year Standard Form; 8-67) (§4 ) Deposits : A. (cash 500. B. (bonds , etc. ) 1. (faithful perf. & maintenance) $70,000.00 2. (labor,materials) 70, 500.00 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct , install and complete road and street improvements, tract drainage , street signs , fire hydrants , and all improvements as reouired by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement , Subdivider shall, pursuant to Bus . & Profs. Code §11612 , deposit as security with the County : A. Cash: $500 cash: toPether with . . . . . . . . . . . . . . . . . . . . . B. Bonds , etc. : (Z - Faithful Performance) additional security for at least the above-::pecified amount , which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier' s check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the :,cork for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory nerformance ; plus (2 - Labor & laterials) another such additional security in at least the above-specified amount , which is the full amount of said estimated cost , securing payment to the contractor, to his subcontractors , and to persons renting equipment or furnisr:inp labor or materials to them or to the Subdivider. 5. I.'arrant:. . Subdivider warrants t pt said i mprovem.ent plan is ade- quate to acco*-rolish as rre--_ser: n Section 2 : and if, at any time before t',e County' s r•_so;utior. or v _ . . cn "or the subdivision, the improver•ent plan ^roves to be ina^eauate in ar7 respect, Subdivi- der shall mak- chan^•es neeess;ar,i tc ac,o=rli.�h the Turk as promised.sed. -1- A i 6. No Waiver by. County. Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement , or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estonped from bring- inR any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. . Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards , commissions , officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s ) , action(s) or other proceedings) concerning these ; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s ) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 6. Costs. Subdivider shall pay when due all the costs of the work, inclu-d ng inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If Count,i sues to compel performance of this agreement or recover the cost of completing the improvements , Subdivider shall pay all reasonable attorneys ' fees, costs of suit , and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improve-ants, the subdivision is annexed to a cis V, t^e `_oun 7 -ay ass_�-n to that city the County's ri`hts under this a7ree�-ent anti/or any c=ros t or bond securinrthem. Z2. Record :'at,. In consideration hereof, ( our.t7.• shall allot,: Subdivider to file and rc ^ord :paid subdlvIsion map , and reccTnizes this subdivision as one corcr)21 in ::ith State lairs and ^c:.^t. �rainances . F I LED "' �d W. . PAA8 H CLERK swo Oir SUPERVISORS Br� T COu.Deputy COUNTY OF CONTRA COSTA SUBDIVIDER: (see note below) .' By FILPER CORPORATION Chairman, Board -Supervisors �•; By ATTEST: W. T. PAA H, County Clerk CDOignate official capee h ex officio Clerk of the oard usiness)_. "Vice President By � Note to Subdivider: (1) Execute Deputy acknowledgment form below: and (2) If a corporation, attach a certified copy of (a) the bylaws FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board r. my unsl of Directors, authorizing execution of this contract and of the bonds required `` By ,+ii�z::_. hereby. Deputy State of California ) ss. (Acknowledgment by Corporation, County of Partnership or Individual) On, 13; /f y� , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. a trL / 3 /"� Lc�-� Notary Public for said County and State (Subdiv. Agrmt• CCC atd. Form) •-•-••.1.441 I6 (HP-9; Rev. 9-69; 2100) ,>' JANET B. BRUHN _ "��= NOTARY FUBUC x CONTRA COSTA CO.,CALIF. 7nuunumm11niuwaeuuuiuue8iug My Commission Expires Dec.4.1971 i TO 449 C (Corporation) STATE OF CALIFORNIA COUNTY OF ' On before me, the undersigned,a Notary Public in and for said State, personally appeared • :4"C'• W known to me to be the President, and • = known to me to be 14MAMME _ finavowDof the corporation that executed the within Instrument. W known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and It. acknowledl-ed to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board llBtlLl!!!p!!/0/Q!!!/t/t//l1Pq//1!///1Nltit/t/t//LS of directors. — OFFICIAL SEAL WITNESS uiy hand and official seal = �: FRANK T. SERONELLO �p_ /�., �•"� NOTARY PUEUG-CALIFORNIA Signature ��r��Y� ./G'aGK/ » ?: ALAMEDA COUNTY 91 Commis:wa Expires Apr,15,1973 Cii:lL!/ext!!!!t:lflStU/x/:Sil:fJifLiA7ilti:liW/iigi� Name (Typed or Printed) (This area for o*tial notarial scall • Bond No. #W43-36-03 i r .• . Premi" $112.50 BOND AGAINST TAXES KNOUT ALL MEN BY THESE PRESENTS : THAT FILPER CORPORATION, A CORPORATION as principal and and FEDERAL TNSQRANCE COMPANY as spreties are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of FIFTEEN THOUSAND t 00/100 ---------------------------------------- Dollars ( $15,000 .00 -------- to be paid to the said County of Contra Costa, for the payment of which we and each of us bind ourselves, our heirs, executors, adminis- trates, and successors, jointly and severally, firmly by these presents. SEALED with our seals and dated this 12th day of May �9_m—. The conditions of the above obligations are such that I;THFREAS, the above bounded principal is about to file a Map entitled "SUBDIVISION 3908, SYCAMORE UNIT 3, A PORTION OF RANCHO SAN RAMONO CONTRA COSTA COUNTY, CALIFORNIA" and covering a subdivision of a tract of land in said County of Contra Costa, and t_:ere are certain liens for tares and special assessments collected as taxes, against the said Tract of land covered by said Map, which tares and special assessments collected as taxes, are not as yet due or payable. Now, tbe:�-efore, if the said PRINCIPAL shall nay al i cif tae taxes and special assessments collected as axes Which are a lien a;a_nst said traf;; of land covered by said Map at the time of he L_1_.:g of said Map c?f said "Tact, then this obligation snap be void and of no effect. Otherwise, it shall remain in full y orce and effect. FILPER CORPORATION P AL SURANCE COMPANY __ / ,BY: B.E. Dav' , Attornev in-fact Surety klY, CALAM .Surety k STATE OF CAIUFC� :r<T_ UOUTUY OF CONTRA COST"%) S' ' and Sureties named in the foregoing bond, being duly sworn, each for Eli m3elf says : That he is a freeholder and resident within said State and is worth the said sum of Dollars, over and above all his debts and .. abilities, exclusive or property exempt from execution. Sure y Surety Subscribed and sworn to before me this day of i9 F L " ID . T. PAWW Notary c `" ► 20MISCR3 �Uh A ACKNOWLEDGMENT OF ANNEXED INSTRUMENT STATE OF CALIFORNIA CITY AND COUNTY OF SANT FRANCISCO On this.....Lt�?....day of...........14AY......................in the year one thousand ine hundred and....Seventy before me. .......................... _......_...._....._. '� �..ny °°d ,a Notary Public in and for the _.... _._................ y City and County of San Francisco,.State of California, residing therein, duly commissioned and sworn, personally R. EP, Davis known to me to be thc....__.. appeared........................... s ...................... Atj"y..jn..fW'-.......... of FEDERAL INSURANCE COMPANY, the Corporation that executed the within instrument,and also known to me to be the person-.......who executed the within instrument on behalf of the Corporation therein named and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, in the City and County of San Francisco, the day and year in this certificate first above written. LINDAKAY ROOD ' Na�A9r PUBLIC-CALIFORNIA . ll. 1 _..111 ------ G G� CITY AttO COUNTY OF Notary Public in and for a City and County of My Commission expire _.__...-..-__.. �� San Francisco, State of California My Commission EifMres May 26.1973 SF-66f s'c5-C F„ • - Cmdaad Cap et r .••� POWER: OF ATrOR 1EY I IWi/1u At i�9*W vrtS ub% That the FEDERAL INSURANCE COMPANY.90 John Street.New York,New York,a New Jany Corporation. bas constituted and appointed,and does hereby constitute sad appdd E. A. Stabb Stanley Park B. E. Davis of .3an Francisco, California each its true and lawful Attorney-in-Fact to execute under such designation in its name and to aft its eorparate seal to and deliver for and on its behalf as surety tbereon or otberwiaa,bands of any of the following elaM000,toarit: L Bonds and Undertakings (other than Fiduciary Bouch) Sed in any Gait,matter or proceeding in any Court, or Sled with any Sheriff or Magistrate, for the doing or not doing of anything specified in aacb Bond or Un , in which the penalty of the bond or andeeng does not exceed the sum of Fifty Thousand Do� talri .000.00). 2. Surety Bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; Liven and Permit Bonds or other indeaWty bonds ander the laws,ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Compani, Lost Instrument bonds, Lease Shari,Workmen's Comp tion bonds, Miscellaneous Surety bonds an on behalf of Notaries Public, Sheriffs,Deputy SberiBa n�similar public elaejab. S. Bonds an behalf of contractors in connection with bids,proposals or contracts to or with the United States of America,any State or political subdivision tberead or nay parson,an at eorporatim JU.,IR&W i U*rtAt. the said FEDERAL INSURANCE COMPANY bas,pursuant to its By-Laws, caused thane presents to be signed by its Vice President and Assistant Secretary and its corporate Beni to be hereto shared this tat day of January 19 69. - FEDERAL INSURANCE COMPANY By Frederick C.Gardner Vice-President N'JERS WalterLaForge Atsistast Secretary STATE OF NEW YORK ! 1t ss.: County of New York On this lst day of January 1969,before me personally came Walter LaForge, to me known and by me known to be Assistant Secretary of the FEDERAL INSURANCE COMPANY, the cor- poration described in and which executed the foregoing Power of Attorney and the said Walter LeForge being by me duly sworn,did depose and say that he resides in the City of New York, in the State of New York; that he is Assistant Secretary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By-Laws of said Company and that he signed said Power of Attorney as Assistant Secretary of said Company by like sathority;that he is acquainted with Frederick C.Gardner and knows him to be Vice President of said Compsnyl and that the signature of said Frederick C.Gardner subscribed to said Power of Attorney is in the genuine handwriting of said Frederick C.Gardner and suss thereto subscribed by authority of said By-Laws and in deponent's presence. Acknowledged and Sworn to before me „wn+uw on the date above written �� ►• h X • • l' sit IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA June 12 , 197 3 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 3933, -Moraga Area ) Deposit: $500 ) Auditor's Permit No. 92409 ) Dated August 13, 1971 ) Refund to: ) Russell J. Bruzzone ) 899 Hope Lane ) Lafayette, California 94549 On march 14, 1973 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above . The foregoing order was passed by a unanimous vote of the Board. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 12th day of June 197 3 cc : Public Works (2 W. T. PAASCH, CLERK ) Subdivider By fo g? (_ Ik-t64 , Deputy Clerk Helen C. ilarshall F IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain roads asCounty ) RESOLUTION NO. 72/167 roads, Subdivision_ Subdivision ) 3933, Noraga Area. ) WHEREAS the Public Works Director having notified this Board that construction of improvements have been completed in Subdivision 3933, Noma area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 39339 xoraga area August 24, 1971 (Argonaut Insurance Coopany - Bond No. 136534) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 92409 dated Augnat 13, 1971 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described road , having been heretofore dedicated to public use by the filing of� map in the office of the County Recorder, be and the same are accepted and declared to be County road_ of Contra Costa County: C70DBT" COX WIts (36/56/.33) CAM DRIB (32/52/.92) INTRUMTH TZMACZ (32/52/.15) as dwm and dedicated for public use on the cap of Subdivision 3933 filed August 25, 1971 in Hook 139 of Maps at rage 40, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 14th day of March , 197 2 , by the following vote of the Board: AYES: supervisors J. ,P. Ee=', A. M. Dias, J. E. Moriarty, W. I. Boggess, s. A. Linscheid. NOES: Boa. ABSENT: None. CERTIFIED COPY I certify that this is a full, true & correct copy o: the original docu;nicat w.,lc.: o.i t:_2 i;; and that it was Supcn•Lsors o: Contra C:::a: the date NiAWa. e17r!' iT: W. 7•. 1,AA-Czl, co-ni� RESOLUTION N0. 72/167 ;ler,, vffi�io clerk of,:id L'oarl of S:rer.-Lora Dy deputy clerk. cc Recordef In the Board of Supervisors of Contra Costa County, State of California March lb , 1972 In the Matter of Completion of Improvements and Declaring WANDEL DRIVE as a County Road, Road No. 3225C, Moraga Area. The Public Works Director having reported that the construction of improvements on the northerly extension of Wandel Drive, Road No. 3225C, Moraga area, has been satisfactorily completed, said work having been accepted as part of the require- ments for Subdivision 3933: On motion of Supervisor J. E. Moriarty, seconded by Supervisor J. P. Kenny, IT IS BY THE BOARD ORDERED that the afore- said work is complete. IT IS BY THE BOARD FURTHER ORDERED that Grant Deed dated June 18, 1970 from Russell J. Bruzzone, Inc. , conveying the cul-de-sac area and access rights thereto at the end of Wandel Drive for road purposes, is ACCEPTED. v IT IS FURTHER ORDERED that all of WANDEL DRIVE IN, northerly of Subdivision 3794 (0.01 mile) constructed within the n area granted by the aforesaid deed, is ACCEPTED and DECLARED to be a County road of Contra Costa County. r.� The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. I NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Recorder Witness my hand and the Sea[ of the Board of Public Works ( 2) Supervisors Subdivider affixed this 14th day of March , 19 72 W. T. PAASCH, Clerk By t-�Cc� �� jrt�� Cs- � Deputy Clerk Helen C. Marshall -4f, - 3 H 76 11/71 10M .] i IN THE BOARD OF SUPER`rISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 3933, Moraga Area. ) RESOLUTION N0. 71/545 } WHEREAS a map entitled Tract , property located in the M , having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1970-1971 tax lien has been paid in full, and the 1971-1972 tax lien, which became a lien on the first day of March, 1971, is estimated to be $43,300; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 8, of the County Ordinance Code; Surety Bonds issued by Argonaut Inaurance Company with Russell J. Bruzzone, Inc. as principal, as follows: Bond No. 136534 in the amount of $61,100 for Faithful Performance, and $61,600 for Labor and Materials; Cash deposit (Auditor's Deposit Permit No. 92409 dated August 13, 1971) in the amount of $500; Tax Bond (No. 136535) in the amount of $4,300 guaranteeing payment of the estimated 1971-1972 tax lien; and Inspection Fee in the amount of $6,130; Subdivision agreement between Ru subdivider and the County of Contra Costa, wherein said sube- ider agrees to complete road and street improvements, etc. , in said subdivision withinone year from the date of said agreement; RESOLUTION NO. 71/545 Form #23; 70-4-500 NOW, THEREFORE, DE IT RESOLVED that said bonds and de osits and the amounts thereof be and the same are hereby AFPJROVED. BE IT FRRTHM RESOL«D that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agre-e-end BE IT FURTHER RESOLVED that said reap be and the same is hereby APPROVED and this Board does not accept or. reject on behalf of the public any of the streets, roads, avenues or easements shown thereon as dedicated to the public. PASSED AND ADOPTED this 24th day of Auaust 19--t-36-0 by the following vote of the Boa AYES: Supervisors A. 14. Dias, J. E. Moriarty, E. A. Linscheid, J. P. Kenny. NOES: None. ABSENT: . Lupervisor W. N. Boggess. cc: Public Works (2) Planning Subdivider - Russell J. Bruzzone, Inc. •899 Hope Lane Lafayette, California 94549 RESOLUTION NO. 71/545 Form #23; 70-4-500 CERTIFIED COPY I certify that this is a full, true & correct copy of the original ;ornrtr-nt which is on file in my office, 7!nd that if. X- a,lnoted by the Board of '�Zpervisor:i n; Cr4.trs Coetx t'n nt.y. California, on :n c?-i to shown.. '-'-"T1:'.zT: Xt'. ':. P"-.SCH, county :!-rk&ex-officio clergy:of said Board of Supervisors, by deputy clerk. SUBDIVISION AGREEMENT (§1) Subdivision: 3933 (§1) Subdivider: Russell J. Bruzzone, (B. & P. Code §§ZZ6ZZ-Z2) Incorporated 1 Effective Date : August 240 1971 (Contra Costa County ( §1) Completion Period: One Year Standard Form; 8-67) (§4 ) Deposits : A. (cash) 500. B. (bonds, etc. ) 1. (faithful serf. & maintenance) $ 61,100.00 2. (labor,materials)T1,600.00 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs , fire hydrants , and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department . Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the reauirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429 ; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus . & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . B. Bonds , etc. : (I - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500 , in the form of a cash denosit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful nerformance of this ae:reement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory nerformance ; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost , securing; payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warrant;,. Subdivider warrants that said improver.ent plan is ade- quate to acco�-nlish this -•To-k as pro-- ed 1n Section 2 . and it at any time before :e l �^':i?c`t i s ^=�c_UL for J: _ _f c the sty .:a_iSi c.n the improverert elan -.roves to be Jnadeouate _n Win- re zect, , Subdivi- der shall ma'_�e chances necesssar-r ;c ac::!=rl_:,h t"e »{ as oromised. -1- f 6. No Waiver by County. Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement , or acceptance of the whole or any part of said work and/or materials , or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards , commissions , officers, agents and employees : B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these ; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters . S. Costs. Subdivider shall pay when due all the costs of the work, inclu�3i g inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed man and to the satisfaction of the County Road Commissioner-Surveyor. 10. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise , and -Subdivider shall pay the costs and charges there- for immediately upon demand. If Count,; sues to compel performance of this agreement or recover the cost of completing the improvements , Subdivider shall pay all reasonable attorneys ' fees, costs of suit , and all other expenses of litigation incurred by County in connection therewith. 11. Assignment. If before County accepts these improvements , the subdivision is annexed to a city , the County may assign to that city the County' s rights under this a^;reement ann/or any dt-rosit or bond securing them. 12. Record F''Qn In ccnsider:t;or 'erec_ . .til" t s.._11 allot. ubdivider to file and rc cord said subd_Y i s i on Fla: ^d red-_ Ze.: thi.. ::ubdi'JiSion as one cor'-ol ; :with State lags and County or,inances . —L� PAASCH CLERIC BOARD OF SUPERVISORS p R� A�CCO...NTQeputy COUNTY OF _ NTRA COITA SUBDIVIDER: (see note below) 8y 4v A�-f I— ? J- Rgu7.7�..n.ng3�Tan�Lrpgra _pd �... Chai , Board of Supe vino 8y ATTEST: W. T. PAASCH, County Clerk ToesiDInate oftZUarca0ficity in the & ex officio Clerk of the Board business) ��' By �� Note to Subdividers (1) Execute Deputy acknowledgment form below; and (2) If a corporation, attach a certified copy of (a) the bylaws FORM APPROVED: JOHN B . CLAUSEN or (b) the resolution of the Board County Counse of Directors, authorizing execution of this contract and of the bonds required By hereby. Deputy State of California ) ss. (Acknowledgment by Corporation, County of Cnntrn Cn sta ) Partnership or Individual) On August 12, 1971 , the person(k) whose name( isj&xsigned above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or Partnership named above executed t. --esistse"55B-6W4 OFFJCJAL SEAL SYLVIA A. LpAKEMAN f ` .w NOTARY PUB�IC-CAUFORNIA C� CONTRA COSTA COUNTY 7 %ly CD&IMISSION EXPIPES JUNE 29, J9'' 52F52s24�S25 'amu�-: Sy 1 y3A- La ke n awn Notary public for said County and State (Subdiv. Agrmt• CCC Std. Form) NP-9; Rev. 9-69; 200) 3- w ACTIOi�! OF THE BOARD OF DIRECTORS OF , A CORPORATION, TAKEN 'WITHOliT A MEETING The undersigned being all of the Directors of Russell J. Bruzzone, Int , a corporation, do hereby unanimously consent to the adoption of the follorwin- resolution: RESOLVED., That Russell J. Bruzzone , President of this corporation be, and he hereby is, authorized to enter into on behalf of, this corporation, a subdivision agreement with the County of Contra Costa covering Subdivision 3933 and to execute . a performance bond, labor and materials bond and tax bond, in connection therewith, together with such other documents and instruments as may be incident thereto , DATED: August 12, 1971 go l x.tom U CERTIFICATE OF SECRETARY I, ,jann_F. R,.L7,onP , Secretary of , a corporation, do hereby certify and declare that the foregoing is a full, true and correct copy of a resolution adopted by action taken by unanimous written consent 'of the board of directors without a meeting, dated August 12, •1971 , and that the By-Laws of this corporation authorized the directors to so act; and thaw said resolution is now in full force and effect. In testimony whereof, I have hereunto: set my hand and affixed the corporate seal of said corporation this 12th day of August , 1971 4 . re t-ary (Affix corporate sea!) PUBLIC WORKS DEPARTMENT VICTOR W. SAVER CONTRA COSTA COUNTY OSS\ PUBLIC WORKS DIRECTOR CHIEF DEPUTYY PUBLIC WORKS DIRECTOR ROAD COMM ISSIONER•SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228-3000 DEPUTY PUBLIC WORKS DIRECTOR August 24, 1971 Our File: HP - Subdivision 3933 R-C EIVED Honorable Board of Supervisors •r �= 1971 Administration Building �- Martinez, California W. T. PAASCH CLERK BOARD OF SUPERVISORS BYS�O. Gentlemen: � Deputy There is submitted for your approval the map of Subdivision 3933 in Supervisorial District III in the Moraga area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one-year time limit for com- pletion is August 24, 1971. 2. Performance Bond, in the amount of $61,100. This bond, together with a $500 cash deposit (Auditor's Receipt No. 92409 dated August 13, 1971) is to guarantee completion of road and street improvements as required by the County Ordinance Code. 3. Labor and Materials Bond, in the amount of $61,600. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1971-72 tax, which became a lien on the first Monday of March, 1971 is estimated to be $4,300. S. Tax Bond, in the amount of $4,300, guaranteeing payment of estimated tax. The map is submitted for filing by Russell J. Bruzzone, Inc. under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAUER Public Works Director By ,f a-'� I Paul E. Kilkenny Assistant Public Works Director PEK:fa Highway Planning cc: Russell J. Bruzzone, Inc. Planning Department Construction Division 0 EDWARD W. LEAL ALFRED P.LOWELI COUNTY TREASURER-TAX COLLECTOR Assistant COt-=IY T:rs=^,:-;az Call.ctar PHONE 228-3000 EXT. 185 TAX COLLECTOR'S OFFICE FIwsT INSTALL-CST UET:MD PAYA.LET'"' CONTRA COSTA COUNTY FIRST INSTALLMENT OF TAXES DELINQUENT ON TME FIRST DAA Of NOVEY.ER MARTINEZ. CALIFORNIA ON THE TENT- DAT or OECEM.ER STrtINU INSTALLMENT OF TAXES SECOND INSTALL-FNT OF TALES IIUF AND PAYABLEAugust 4, 11971DELINQUT r ON TM[ FIRST DAV OF FE.RUAR1/ ON TME TENT' DAT OF APRIL IF THIS TRACT IS NOT FILED BY OCTOBER 31, 19 7; THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 3933 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1970-71 tax lien has been paid in full. Our estimate of the 1971-72 tax lien, which became a lien on the first day of March, 1971 is $ 4,3_. ELWARD W. LEAL Redemption Officer By: Dijxty dl F I LED W. T. PAASCH CLM eMmo cp sUMMsI)ws eci� ..S�1a7 o.r+lr u Bond No. 136534 Premium: $917.00 IMPROVE.-HENT SECURITY BONTD (FaithfuZ. Performance & Maintenance, AND Labor & 11aterials) (Calif. Bus. & Prof. Code §ZZ6Z2; Contra Costa County Standard Form) Z. OBLICATION. (Principal) RUSSELL J. BRUZZONE INC . . • .as Principal, and (Surety) ARMNAITT 7NSITRANCF. CnMPANy a corporation organized and existing under the laws of the State of • CALIFORNIA and authorized to transact surety business in California, as Surety, Hereby jointly and severally bind ourselves, our heirs , executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performances & Maintei,ance) SIXTY ONE THOUSAND ONE HUNDRED AND N01100----=-==== Dollars ($ 611,100,00 ) for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials ) SIXTY ONE THOUSAND SIX HUNDRED AND N01100---------=- Dollars ($ 61,600.00 ) for the benefit of persons protected under Cal. Bus.&Prof.Code 11 12. 2. RECITALS. The Principal contracted with the County on to install and pay for street, drainage, and other improvements in Subdivi- sion No. 3933 as per map now being. filed with the County's Recorder, and to complete said work within from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDI-TION. If the Principal faithfully performs all things required of nim according to the terns and conditions of said contract and improvement plan and improvements agreed on by nim and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors , subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included ,in the judgment. SIGNED AND SEALED on AUGUST 17, 1971 • PRINCxPAL SURETY Br z n Inc. (ARG INSUR E COMPANY By_ '^ �. _ By �. �Pcsi�ivT• A. V , ATTORNEY-IN-FAC'_ State of California ) ss. County of San Francisco ) CAC 1P(ZED*G;*14E1*1T*BY* SURETY) On August 17, 1971 , the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorneys)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/Ukw7 signed the name of the Corporation as Surety an his/ own name(s) as its 'Attorney(s)-in-Fact. �I�:iiillfllilC�/�/IIISS:1It�/I1�1��1/�Ia��a�1!/IIIH�I� �� • OrnclAL SEAL OLGA C. DURAN t3rTT71RY PUGLIC•CALIFORNIA C • CITYSC^VNTYOFSAN FRANCISCO• C otar Public for said Count and State My Commission Expires January 25. 1974 y Y rilitY�lsu�6wo:�Owcl�,��9�►6a��A �l�2'r7I) (AP-Z5;Rev. 8-67; 200) A � Fr BOND NO. 136535 BOND AGAINST TAXES Pres ium: $43.00 KNOW ALL MEN BY THESE PRESENTS: corporation THAT R Jss LL ,T_ BR i .7.ONE- TNCORPO ATFDa i, as principal and (Surety) = ARGONAUT INSURANCE COMPANY , a corporation organized and existing under the laws of the State of CALIFORNIA and authorized to transact surety business in California as surety are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of FOUR THOUSAND THREE HUNDRED AND N01100--Dollars ($, 4300.00 ), to be paid to the said County of Contra Costa, for the payment of which well and truly to be made, we and each of us bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. Sealed -frith our seals and dated this 17th day of AUGUST 19 71 The conditions of the above obligation is such that WHEREAS, the above bounded principal is about to file a map entitled SUBDIVISION 393 i i and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said Bract of land covered by said map, which.-taxes and -special assessments collected as taxes, are not as yet due or payable. NOW, THEREFORE, if the said Principal _ shall pay all of the taxes and special assessments collected as tdxes which are a lien against said tract of land covered by said map, at the time of the filing of said map of said Tract, ""lien this obligation- shall be void and of no effect. Otherwise it shall re- main in full force and effect. RUSSELL J. BRUZZONE, INCORPORATED, a orat on - c ik 1 l �ESiq�vT, AR NAU INSURANCE OMPkNY Sur �y ALB ACKNOWLEDGENEENT (BY SURETY) J S A. VICK, ATTORNEY-IN-FACT State of Califon is ) ' County of SAN FRANCISCO County in vi is ackno::ledgement is taken On AUGUST 17, 1971 , before me, OLGA C. DURAN , a Notary Public, in and for said County and State, personalis; appeared JAMES A. VICK known to me to be ATTORNEY-IN-FACT of the corporation that executed the within ns -rumeni' and also �_no:•In to me to be the person who execu;,ed it on behalf of such corporation and acknowledged to me—that such corporation executed the within ;instrument purzun its by-laws _ a resolution of its board of directors. ■11{11[11[III{it/[{{[I:::1:{tittt{{tlttttlflt:5tift2///h1 ,• �.. OFIA('1.U. SEAL L,O r Ma OLGA C. CUBAN name of notary rT"nal " NOTARY PUCLIC-CAL1FO:-NIA -9-name �:•+y� CITY B COUNTY OF SAN FRANCISCO � NOTARY PUBLIC My Commissioa Expires January 25. 1974 lilEtt!{72:{t1UItU3{::U22uiU1/tni{.:a.:..{:..•s.aG(/ IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA January 20 197 6 In the Matter of Releasing ) Subdivision Deposit ) } Subdivision: 3951, Danville Area ) ) Deposit: $500 j Auditor's Permit No. 86494 ) Dated November 24, 1970 ) ) Refund to: DiGiorgio Development ) Corporation ) One Maritime Plaza ) San Francisco, California) 94111 ) On June 24, 1974 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 94-4.406 and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. PASSED by the Board on January 20, 1976. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 20th day of January , 1976 J. R. OLSSOIN , CLERK cc : Public idorks (2" Subdivider By _, Deputy Clerk N. I rahan, E 0 JUN 1574 ` • 600x7262 PA 861 Please return to: 5w11 RECORDED AT REQUEST OF Clerk of the Board Q Administration Building Room 103 --- JUy 2 S 1974AT 0'CI0CK/1 M. CONTRA COSTA COUNTY RECORDS IN THE BOARD OF SUPERVISORS I R. OLSSON 4ONTRA COSTA COUNTY,OF STATE OF CALIFORNIA COUNTY RECORDER RE # OFF'L In the Matter of Completion ) of improvements and declaring ) certain roads_ as _ County ) RESOLUTION NO. 74/551 roads , (.Subdivision 3951:.' ) (Phase III):, Danville Area. ) WHEREAS the Public Works Director having notified this Board that construction of improvements have been completed in Subdivision 3951 (Phase III) , Danville area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 3951 (Phase III) December 1, 1970 (Federal Insurance Company - Bond No. 8043-44-50) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 86494 dated November 24, 1970 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads , having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be County roads of Contra Costa County: GRFENBROOK DRIVE (40/60/0.16) TUNBRIDGE ROAD (36/56/0.03) (East line lot 66 to east line lot 64) INDIAN HOME ROAD (36/56/0.32) LODGEHILL COURT (32/52/0.02) AMBLESIDE COURT (32/52/0.02) as shown and dedicated for public use on the map of Subdivision 3951 filed December 3, 1970 in Book 134 of Maps at page 10, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 24th day of June 1911 by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, W. N. Boggess, E. A. Linscheid, J. E. Moriarty. AFFIXEp NOES: None. CERTIFIED COPY I certify that this is a full, true & correct copy of ABSENT: None. . the original document which is R file B office. • ✓/ and that it was passed adopted by the Board of Supervisors of Contra Costa County. California. on cc: Recorder the date shown. ATTEST: J. It. OI.cSoN, Countv Public Works Director Clerk &es-officio Clerk of said Board of Supervisors, Subdivider by Deputy Clerk. RESOLUTION 110. 74/551 Ll.,I'— on f1r SND OF DOCUMENT IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring } certain roads_ as _ County ) RESOLUTION N0. 74/551 roads , Subdivision 3951 ) (Phase III);. Danville Area. ) WHEREAS the Public Works Director having notified this Board that construction of improvements have been completed in Subdivision 3951 (Phase III) , Danvill area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOL,:ED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 3951 (Phase III) December 1, 1970 (Federal Insurance Company - Bond No. 8043-44-50) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 86494 dated november 24, 1970 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described road , having been heretofore dedicated to public use by the filing of� map in the office of the County Recorder, be and the same are accepted and declared to be _ County road_ of Contra Costa County: GREENBROOK DRIVE (40/60/0.16) TUNBRIDGE ROAD (36/56/0.03) (East line lot 66 to east line lot 64) INDIAN HOME ROAD (36/56/0.32) LODGERILL COURT (32/52/0.02) AMBLESIDE COURT (32/52/0.02) as shown and dedicated for public use on the map of Subdivision 3951 filed. December 3, 1970 in Book 134 of Maps at page 10, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 24th day of June 19�, by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, W. N. Boggess, E. A. Linscheid, J. E. Moriarty. NOES: None. CERTIFIED COPY I certify that thi3 is % full. true & correct copy of ABSENT: ?tone. the original document which is on file in my office. and that it was passed .- adopted by the Board of Superrisom of Contra Costa Cot:nt Caiifornia. on cc: Recorder the date anown. ATTEST: .1. P.. (?I.CSON. Cniint-r Public Works Director Clerk&er off16o Clerk of said Board of Super"som. Subdivider by Deputy Cleric. RESOLUTION P•I^,. 74/551Ak-Aux -moi_ onAi5:C�VAIIV In the Board of Supervisors of Contra Costa County, State of California April 23 1974 In the Matter of Exoneration of Improvement Security Bond for Performance of Recreational Improvements, Subdivision 3951 , Danville Area. The Board on May 30, 1972 having approved Improvement Security Bond Number EF-7102612 in the amount of 4:150,000, issued by Employers Commercial Union Insurance Company of Massachusetts and submitted by the DiGiorgio Development Corporation as a require- ment of the Planning Commission to assure completion of recreational facilities in connection with Subdivision 3951 , Danville area; and The Director of Planning having advised that the afore- said improvements have been completed; On motion of Supervisor A. M. Dias, seconded by Super- visor J. P. Kenny, IT IS BY THE BOARD ORDERED that said Improvement Security Bond in the amount of X150,000 is hereby EXONERATED. The foregoing order was passed by the following vote: AYES: Supervisors J. P. Kenny, A. M. Dias, '4. N. Boggess, E. A. Linscheid, J. E. Moriarty. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Subdivider (c/o Public '.-forks ) Witness my hand and the Seal of the Board of cc: Public ',forks Director Supervisors Director of Planning affixed this 23rd day of April , 19 7h County Counsel JAMES R. OLSSON, County Clerk County Administrator BY t �(1,�1. Deputy Clerk Arline Patten H 24 5/73-15M .'J CONTRA COSTA COUNTY PLANNING DEPARTMENT TO: Board of Supervisors DATE: April 10, 1974 FROM: Anthony A. Dehaesus SUBJECT: Exoneration of $150,000.00 Bond Director of Planning A� E.F. 7102612 for Performance of the by Norman L. Halverson fir` Recreational Improvements, Sub.3951 The private improvements and landscaping required under Condition #7 by the Planning Commission in the approval of LUP 97-72 have been completed. An Improvement Security Bond No. EF-7102612, issued by Employee's Commercial Union Insurance Company of Massachusetts, in the amount of $150,000.00 for faithful performance and to cover labor and. materials was submitted by DiGiorgio Development Corporation, principal, and accepted by the Board of Supervisors on May 30, 1972. It is recommended that the surety bond EF-7102612 in the amount of $150,000.00 be exonerated by the Board as the improvements required have been completed. NLH:lsw C, f� RECEI V ED APR 15 1974 .t. r.. os-or� c'FR ZOA^0 o. S _-:rC-5 . ^IviivA �O`iA Com. C . _ ••J:p�� IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA r�eh19 , 197 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 3951, Phase I and II Danville Area ) Deposit: $500 j Auditor's Permit No. 86494 ) Dated November 24, 1970 ) Refund to: ) DiGiorgio Development Corporation ) 185 Front Street ) Danville, California 94526 On November 14, 1972 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. The foregoing order was passed by a unanimous vote of the Board. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this lgth day of March , 1974 CLERK cc : Public Works (2) J. R. OLSSON Subdivider y I� C�Z ��tX�' B Deputy Clerk Helen C. Marshall H001i 67M P�'Ei V • WV 16 1972 108349 LLG;DZJ AT REQUEST OF , j t. Arm COQ" CC.STA %Ut IY -1[WX3 IN THE BOARD OF SUPERVISORS X .r. RAASCH OF COUNTY RECORDER is CONTRA COSTA COUNTY, STATE OF CALIFORNIAFEE In the Matter of Completion ) of improvements and declaring ) certain road3 as - ounty ) RESOLUTION NO. 72/760 road.g,(Subdivisio' Cn -3?51_ ) (Phases I and II), Danville Area WHEREAS the Public Works Director having notified this Board that construction of (Phases I andII) improvements have been completed in Subdivision 3951. Danville area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 3951 (Phases I and II) November 239 1970 Danville area (EMloyera Comn^iercial Union Insurance Company - Bond NO-EP-7102612) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 864qh dated tiovonbor 24, 1970 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described road 81 having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be County road$of Contra Costa County: LEED3 COURT WEST ( 32/52/.12) LEEDS COURT EAST (32/52/-03) NEW BOSTON COURT (32/52/.15) TUNBRIDGE ROAD (from 9Tewwrr Valley Road to east property line of lot 66) (36/56/.11) as shorn and dedicated for public use on the nap of Subdi- vision 3951 filed Doember 30, 1970 in Book 134 of Maps at Page 10, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this lhth day of Novwaber 197 2, by the following vote of the Board: AYES: Supervisors J. P. 8enscy, A. M* Mass J. E. Moriarty, W. N. Boggess, Be A. Linscheid 8� NOES: None. 1� ABSENT: Mons. CERTIFIED COPY I certify that this is a full, true & correct copy of the ori;#naI do,:umcat ►r:.Lsu is o:i ::1� 1.► c.fy ufCk v, cc: Recorder and that it aa.; I a.,:::�1 L: .... '-!I Public Works S.fpurv..vf.:: of contr.► (u:.L: C ulAot„ l;:ult„i'.:u1. Subdivider72/760 Life data 1-h~11, A f I'. r: t:, '::•i'.SA�:( 1, county RESOLUTION NO. cleric& r ft►�ia clerk of,.aki ramr,i of suparrlsam by deputy cleric- ' � EPB OF LDCCU"ol IT IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain road.2 as _ County ) RESOLUTION NO. 72/760 road,2, Subdivision 3951 ) (Phases I end II), Danville Areal WHEREAS the Public Works Director having notified this Board that construction of (Phases I andll) improvements have been completed in Subdivision 3951, Danville area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 3951 (Phases I and II) November 23, 1970 Danville area (Employers Commercial Union Insurance Company - Bond NO-E '-7102612) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 86494 dated Novenbor 24, 1470 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described road S having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same aZ'e accepted and declared to be County road sof Contra Costa County: T COURT WEST ( 32/52/.12) tEEDS COURT EAST (321521.03) NEW BOSTON COURT (32/52/.15) TUNBRIDGE ROAD (from Sycamore Valley Bond to east property line of lot 66) (36/56/.11) an shown and dedicated for public use on the map of Subdi- vision 3951 filed December 300 1970 in Hook 134 of Maps at PagCo 10, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 14th day of NOvsiber 197�, by the following vote of the Board: AYES: Supervisors Je Pe Nenoy, A. Me Dimas J. E. Moriarty, M. N. Boggess, Z. A. Linscheid. NOES: None. ABSENT: Mone. CERTIFIED COPY I certify that this is a full, true & correct copy of the original do:umeat is o:, :•::c l.t t.,y orris. ccs Recorder and that it w Public Work lx .. oi' ntl�� u l :, • •. L'r., �.u..l'�l or Works Sa n:;o.• ConG'.t Cu:.i: C':,u;?t„ U:�:if..�..ia. u•, der Subdiv date ATM,.l i,. r: W. 411 A::(i i, ccntply 1 RESOLUTION NO. 7z/76�1 We ,:ler;l&ex-orfido,clerk of raid i;;,ani c;i suporvl.ar/, by depAy clerlt. II In the Board of Supervisors of Contra Costa County, State of California May 3 0 19 ZL In the Matter of Final Development Plan (Land Use Permit No. 97-72) for Recreation Facilities, Sycamore Planned Unit Development, Subdivision 3951, Danville Area. The Contra Costa County Planning Commission on March 28, 1972 having approved the final development plan for Sycamore Planned Unit Development, Subdivision 3951, Danville area, as submitted by Compla Corporation, applicant, and Filper Corporation, owner (Land Use Permit No. 97-72) and, as recommended by the Planning Department Staff, having applied conditions thereto including a condition requiring the developer to provide either a cash deposit, a bond, or a letter of credit so as to assure that the clubhouse, pool and landscaping as shown on the landscaping plan are completed; and The Director of Planning having advised the Board that DiGiorgio Development Corporation, principal, has submitted Improve— ment Security Bond No. EF-7102612 issued by Employers Commercial Union Insurance Company of Massachusetts in the amount of $150,000 for faithful performance and maintenance and $150,000 for labor and materials in compliance with aforesaid condition pertaining to recreation facilities, and said bond having been approved as to form by County Counsel; On motion of Supervisor A. M. Dias, seconded by Supervisor J. P. Kenny, IT IS BY THE BOARD ORDERED that the Improvement Security Bond is accepted as recommended by the Director of Planning. The foregoing order was passed by the following vote: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Director of Planning Supervisors County Counsel affixed this 30th day of Pray 01 19 72 ��---- A W. T. PAASCH, Clerk By��L� Deputy Clerk Dorothy v Lazzarini H24 4/72 10M PLANNING DEPARTMENT MEMORANDUM TO: Board of Supervisors DATE: May 19, 1972 FR%j: Anthony A. Dehaesus, Director of Planning suBJ: Final Development Plan (L.U.P. #97-72) for Recrea- tion Facilities, Sycamore F Planned Unit Development -- Improvement Security Bond. (Danville area, DiGiorgio Corp.) Attached is Improvement Security Bond No. a-7102612, issued by Employer's Commercial Union Insurance Company of Massachusetts in the amount of $150,000.00 for Faithful Performance and Maintenance, and $150,000.00 for Labor and Materials, as required by the Planning Commission conditions of approval of the above Final Development Plan to assure completion of the clubhouse, pool and land- scaping. The bond form has been approved by the County Counsel's Office for this initial bond. It is recommended that the bond be accepted. DP:kac Attachment: Bond. jD_vCE1'N Tom{ D cc: L.U.P. ,#97-72 1\.L ■ � :1 AY.�?,2 1972 W. T. PAASCH CLER BOARD OF SUPERVISORS CON A�p STA GO BY C�k Deputy NOTARIAL ACKNOWLEDGMENT STATE OF California City & COUNTY OF .San FraAC18C0 ss. On this 27th day April in the year one thousand nine hundred and Seventy-two before me, Betty M. Wallace , a Notary Public in and for said County and State, personally appeared D C Nance known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-fact of the EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY and acknowledged to me that he subscribed the name of the EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY thereto as principal, and his own name as Attorney-in-fact. Notary Public in and for said.County and State Commission expires: �.{ 1 y E60815-1-Calif. "[ } 3-71 t _ E Bond No. EF-7102612 Premium: $750.0 IMPROVEMENT SECURITY BOND (Faithful Performance & Maintenance, AND Labor & Materials) (Calif. Bus. & Prof. Code §ZZ6Z2; Contra Coeta County Standard Form) Z. OBLIGATION. (Principal) N as Principal, and rauretyj Emn1nT„s Commercial Union InsurancC Comoaav a corporation organized and existing under the laws of the State of Massachusetts and authorized to transact surety business in California, as Surety, ere y jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintenance) D No 10OTHs- - - - - - - - - Dollars ($ 150 000.00 } for itself or any City-assignee under the e ow-c ted subdivision con rac , plus (B - Labor & Materials) -ONE HUNDRED FIFTY THOUSAND AND NO/100THS- - Dollars ($ 150 000.00 ) for the benefit of persons protected under Cal. Bus. &Prof.Code 11 12. 2. RECITALS. The Principal contracted with the County on to instal and pay for street, drainage, and other improvements in Subdivi- sion No. 3951 , as per map now being filed with the County's Recorder, and to complete said work within from said date, all in accordance with State and local laws , rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him accor ng to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors , subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement , and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and voted; otherwise this obligation remains in full force and effect . No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEAL-ED on April 27, 1972 PRINCIPAL SURETY DI OR IO DEVELOPMENT CORPORATION EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY By 062C-S. By D. C. Nance, Attorney-in-Fact State of California ) ss, County of ) (ACKNOWLEDGMENT BY SURETY) On , the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorneys )-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Surety and his/their own name(s) as its Attorneys)-in-Fact. Rotary Public for said County and State ' (Imp. Sec. Bond, CCC Std.rorm) (HP-Z5;Rev. 8-67; 200) s BEFORE THE PL-1ii:_I:G CO,'DIISSION C? THE CGUI•iTY 0'r CCITi;.A COSTA, I 4-5-72 � STS,S OF CALJ1 ORNL-% � {dl) :In the *Satter of the Compla Corporation (Aoplica:it) and Filper Corporation I(f4mcr), L.U.P. 97-72 - To ha-e final devclu .-s^_r.t plan approval j 1 ' 2 WHEIRZiS, or. I•:arch 2, 1972, Compla Corporation (Applicant) and Filper -3 �1 Corporation (G•v.ner), filed-an applicatior. (97-72) to have final develop-ment tt plan approval; and s 5 WHER .'-1S, a public hearing to consider the subject application was i 6 j held before the Planning Co=ai.ssion on llarch 23, 1972, whereat R. W. Shea 7 appeared representing the applicant; and 8 WHEREAS, the r,:itter having been submitted and the Planning Cor.mission 9 N having fully considered the sama as it relates to the health, safety and genera 10 welfare of the County, the preservation of property values, the orderly 11 development of lanai it the County, the effect upon the neighborhood, the I 12 effect upon_ the General Plan, and the special conditions applicable in the f 13 instant case; and 14 I NOW THEREFUIE, BE IT RESOLVED that the Planning Commission APPROVES, 15 + w1th the follo...ing conditions, the subject application in that its approval 16 will not be deleterious to the objectives of the Leneral Plan nor will it be 17 adve_-se to the aforementioned considerations: 18 1. Approval is based on the Final Development Plan co;.s_sti-g of two sheets labeled "Exhi.bit A" and dated I4arch 15, 1972. 19 2. Conditions of approval of Subdivision 3951 (L.U.P. 170-69), the 20 original rctzoning (373-R7..) and revised preliminary development plans (L.U.P. 'rlo. 170-59"and L.U.P. 19-60) apply to this development. 21 (� 3. The entrance co rhe parkin- area shall be moved south•.ard so as 22 to avoid conflict with the center mediaii of Grrcnt,rool-- Drive. 23 , 4. No P:Mitant•nt structuref; of. any i:ind Cr?�r than drainage structure:? waj be constructed within: or o%':_ any i::l i:, b drainaga e. sciments. L.andscap- ' 24 I ing incluuing trees and shrubs ria,• b c� U:.iP11SlLGCL uithin easements upua I approval by the Flood Control District. 25 I: 5. The story- drainage improvements shall be constructed under a i E8 grading permit issued b, the :3uiZdind inspection Department or a drainage persift issued by the Flood Control District. 27 I 6. Development rights for the rezreation area shall be decried to the 28 County. 29 7. To assure that the clubhouse, pool. and landscaping as shoori on the lire.; J capin^ pi.�r. :re co!-...?le`Ld, the developer sham provide eithe,- (1 ) a 30 tE i - ; cash deposi�; (2) a boa6; or (3) a letter of ereclir, shall be delivered to the �i rL-n y Fir 100 rc=cant of the cost. 7f compliance is not ac—;,-ved 1 11 within one year as determined by tt'^ Cc.unty Plannins Dircetor, the Count-,., Shall- contract halcontact for the coraplr_'tion of sant: i.nprovenents to be Raid for by the held 32 :; suri. Tile County shall return the u.:::sed portion w:-thin one yeor or at the Completion of all i L.U.P. 97-72 Page 2 (dl) A. I The AUL v_n Jule: was i'.'Cti �Ot:: ,f t'-& '� s or. .:b g b ; �Larr�ino �c-�a:i.s.._;.. 2- Tuesday, March 28, 1972, in a regular meeting as follows : - 3 AYES: Commissioners Young, Compaglia, Jeha, Milano, Krueger, Hildebrand, Shelton. 4 NOES: Commissioners (bone) 5 6 7 ARTHUR M. SHELTON, JR. Chairman of the Planning Commission of the 8 County of Contra Costa, State of California DATE: April S, 1972 10 1 ATT EST: rLLv-�Lo•=s�.-� Borman L. Halverson, Current Planning Division 11 Contra Costa County, Planning Department 12 13 14 15 16 t 17 18 19 20 21 22 23 • I 24 f N 25 i 26 27 , i 28 29 i 30 !, 31 t i 32 f i s I In the Board of Supervisors of Contra Costa County, State of California March 14 19 72 In the Matter of Approval of Subdivision Agreement Extension for Subdivision 3951, Phases I and II, Danville Area. On motion of Supervisor J. E. Moriarty, seconded by Supervisor J. P. Kenny, IT IS BY THE BOARD ORDERED that the Subdivi- sion Agreement Extension for Tract 3951, Phases I and II, Danville area, between Filper Corporation, subdivider (Federal Insurance Company, bondsman) and the County of Contra Costa for an additional period to and including April 1, 1972, is APPROVED. IT IS BY THE BOARD FURTHER ORDERED that Supervisor E. A. Linscheid, Chairman, is AUTHORIZED to execute said Subdivision Extension on behalf of the County. the Board: The foregoing order was passed by the following vote of AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Public Works ( 2) Witness my hand and the Seal of the Board of Subdivider (c/o P.W. ) Supervisors Planning affixed this 1L th day of March , 19 72 W. T. PAASCH, Clerk r � By Deputy Clerk Helen C. Marshall W74 11/71 10M JrSUBMIISION AGREEMENT EXTENSION ODntra Costa Subdivision Number : 3951 Pius I r,y►d � Name • ;Filper Corporation (Original) Agreement Date : 11/19/70 Surety Name : Marsh & McLennan, Inc. Bond No. : 8043-42-80 & 8043-42-79,/ Amount : $50, 900.00 & $30, 000. Date 11/19/70 Extension New ermination Date April 1, 1972 this Subdivider and his Suretv desire that this subdivision agreement be extended through the above date: and Contra Costa ODUnty and the Surety hereby agree theretc and acknowledge same. F I L E D �d W. T. PAASCH CLERK BOARD Of SUPERVISCIS ON RA.CO TA COlIN By Deputy Dated: December 16, 1971 Filpgr_Corporation !1()',d �La CciSi + ':�'T-.'l t' Chairman, Board of Supervisors FEDEE4 t Surety �11I 51: W. i. :A.`•�C-?. Cocntr ^.2erk ttorney-in-fact jn9 sic offtc'. o '' --ek of he board B. avid, Deputy 1 J'o roti C h'I _ I II��I •d.,,r�•-moi `--� -^�' •S ~t - uP-l^ (Rev. 7-moo ACKNOWLEDGMENT OF ANNEXED INSTRUMENT STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO On this. fith.......day of..... IQ.C@IibjeZ...........in the year one thousand nine hundred and....seventy...one•. before me. ................._..............................DOROTHY 1VIc1tA 8..............................................;a Notary Public in and for the City and County of San Francisco, State of California, residing therein, duly commissioned and sworn, personally B. E. DaV 1 S Attorney-in-Fact appeared............................................ .....................................................known to me to be the..........-........ of FEDERAL INSURANCE COMPANY, the Corporation that executed the within instrument,and also known to me to be the person........who executed the within instrument on behalf of the Corporation therein named and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, in the.City and County of San Francisco, the day and year in this certificate first above written. Cory Public Jd or the City and Co- S+ ; SAri r$ANCIS<=o CoV,:TY :r San Francisco,ite of California !1 t.1y Cu:nmfssion Excires April 9. 1973 ' iF-66i IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) ofcubc &8i saep Io end IIS j RESOLUTION NO. 70/802-A UWTv Ile Area. ) Phase I and II DadiffWjsja ap entitled Tract 3951 / , property located in the , having been presented to this Board for approval, said map aving been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there arce, nounpaidCounty taxes heretofore i-,j on1the ropax lien ve �n_th mt island that the t aid Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 8, of the County Ordinance Code; Surety Bonds issued by Federal Insurance Company with Diaiorgio Development Corporation as principal, as follows: Bond No. 800-42-80 in the amount of $50,9400 for Faithful Performance, and 501o900 for Labor and Xaterials; Bond No. 8043-42-79 in the ammnt of $30,000 for Faithful Performance, and $30000 for Labor and Materials; and Cash deposit (Auditor's Receipt No. 86494 dated November 24, 1970) in the amount of $500, to guarantee completion of road and street improve mats as required by the County Ordinance Code; and Inspection Fee in the amunt of $2,545; and Danville Subdivision agreement between Filper Corporation, 401 So Hartz Ave. subdivides and the County of Contra Costa, wherein said subdiv- ider agrees to complete &Wd and street improvements, etc. , in said subdivision to&�f,affm the date of said agreement; RESOLUTION NO. 70/802-A Form #23; 70-4-500 NOW, THEREFORE, BE IT RESOLVE that said bond a and deposits and the amounts thereof be and the same are ere y BE IT FURTHM RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLtTED that said reap be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public aT of the streets, roads, avenues or easments sbaen thereon as dedicated to public use. PASSED AND ADOPTED this 1st day of DeCelrbeP , 1970 by the following vote of the Bear�c : — AYES: SVervisors J. P. Kenny, A. Me Dias, T. J. Coll. NOES: Hone. ABSENT: Sperm cors J. S. Moriarty, E. A. Linsebeid. ec t tutbli c Works (2) Planning Subdivider RESOLUTION No. 70/602-A Form #23; TO-4-5e0 CERTIFIED COPY t certifv that this is a full, true & correct copy of the oriziral document which is on file in my office, and that it w•a9 , 3,ionted by the Board of Supervisors of Cor.tr a County, California, on the dale sho-:n_ a—& ..E`=I'. �:'. T. PAASCH, county cler:: P&ex-offirin clerk of said Board of Supervisors, by deputy clerk. on_. x._.19 7d IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 3951., Phase III, ) RESOLUTION NO. 70/802-B Danville Area. ) Phase III WHEREAS a map entitled Tract 3951 / , property located in the Danville area , having been presented to this Board for approval, said map h9ving been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map and that the current 1970-1971 tax lien has been paid in full; Letter from the Public ?storks Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 8, of the County Ordinance Code; Surety Bond issued by Federal Insurance Coupes with Di Giorgia Development Corporation as principal, as follows: Bond 210. 8043-44-50 in the amount of $81,700 for Faithful Performances and $82,000 for Labor and Materials, to guarantee completion of road and street improvements as required by the County Ordinance Code; Cash Deposit (Auditor's Receipt No. 86494 dated November 249 1970) in the amount of $500; Inspection Pee in the amount of $49100; and Subdivision agreement between Filper Corporation subdivider and the County of Contra Costa, wherein said sub v- ider agrees to complete rod and street improvements, etc. , in said subdivision �LiovhnVar.afiQm the date of said agreement; RESOLUTION NO. 70/802-B Form #23; 70-4-500 NOW, THEREFORE, BE IT RESOLVED that said bonds, and !=nits and the amounts thereof be and the same are ere y i�� ts. BE IT FiTRTH-EM RPSOLArED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement; BE IT FURTHER RFSOLITED that said Map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the stresta, roads, avenues or easements shorn thereon as dedicated to public use. PASSED AND ADOPTED this 1st day of December , 19-7-0-v by the following vote of the Boa : AYES: Supervisors J. Pe Kerry, A. M. Dias, T. J. Coll. NOES: None. ABSENT: Supervisors J. B. Moriarty, E. A. Linscheid. ccs Public Works (2) Planning Subdivider RESOLUTION N0, 70-802-B Perm #233 70-4-500 ' (CERTIFIED COPY Circe - /i„�,.• ,•��"- � 1 L i certify that this is a full, true & correct copy of the original document crhif'h is nn file in my office, and thlt it u•2s �:: .;� ' by +be Board of Supervisors of Cont: ":f,:t.:- co..*ity, California, or. the date s?,mrn. aTT:� '1'. PAASCH, county clerk&ex-officio cleat of said Board of Supervisors, by deputy clerk. PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ, CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR November 30, 1970 Subdivision 3951 Phase I & II Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3951 in Supervisorial District III in the Danville area. Accompanying this map and pertaining thereto are the following docu- ments: 1. Subdivision Agreement. Expiration date of one-year time limit for com- pletion is November 23, 1971. 2. Performance Bond in the amount of $80,400.00. This Bond, together with a $500.00 cash deposit (Auditor's Receipt No. 86494 dated November 24, 1970, is to guarantee completion of road and street improvements as required by the County Ordinance Code. 3. Labor and Materials Bond in the amount of $80,900.00. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property. The map is submitted for filing by Title Insurance f Trust Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, RECEIVED VICTOR W. SAUER Public Works D' ector DEC 1 - 1970 W. T. PAASCH CLERK BOARD OF SUPERVISORS By B QN C T CO Deputy V. L. C1 lle Assistant Public Works Director VLC:fa Highway Planning cc: Title Insurance & Trust Co. Planning Department Construction Division t y ACKNOWLEDGMENT OF ANNEXED INSTRUMENT • STATE OF CALIFORNIA ss CITY AND COUNTY OF SAN FRANCISCO On this......19th---day of_...November................in the year one thousand nine hundred and.....See-enty................. before me. .......................................................j-.....A....Fry._.......................................................a Notary Public in and for the City and County of Sall Francisco. State of California, residing therein, duly commissioned and sworn, personally appeared...............&.-E.Deft..................................................................knoa-n to me to be the.....ATTORNE-M CT.............. of FEDERAL INSURANCE COMPANY, the Corporation that executed the within instrument,and also known to me to be the person.._...who executed the within instrument on behalf of the Corporation therein named and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, in the City and County of San Francisco, the day and year in this certificate first above written. a�NIMINifi111Nllllllllllf1111/IIIIIIINIIIINININ� J. A. FRY = ... ....................................... .. OTARY PUBLIC-CALIF..RNIA = Notary Public in d for the City and County of My Commi ......................_......_._...... San Francisco, to of California :. CItY&COUNTY OF S4N FRdN I'S" MY COMMISSION EXPIRES SEPT. 14, 1971 ar.ss� $IIIliiitt1111N111NN11{1111{{{Nti11111NltltitJtill� 1 m ■ if! Bond No. 8043-42-80 Premium: $382.00 IMPROVEMENT SECURITY BOND (Faithful Performance & Maintenance, AND Labor & Materials) (CaZif. Bus. & Prof. Code §ZZBZ2; Contra Costa County Standard Form) Z. OBLIGATION. (PrinczpaZ) DT GTORGIO DEVELOPMM COPORATTON as Principal, and Murety7 FEDERAL INSURANCE COMPANY a corporation organized and existing under the laws of the State of New Jerse and authorized to transact surety business in California, as Surety, here5—y jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it : (A - Faithful Performance, & Maintenance) FTFTY THOUSAND MIR HUMMED AND _______________Dollars ($ ) for itself or any City-assignee under a below-c ted subdivision contract, plus (B - Labor & Materials) FLFTY THOUSAND NINE HuNpgED AND Noh00ths---------------Dollars ($ ) for the benefit of persons protected under Cal. Bus. &Prof.Code §11612. 2. RECITALS. The Principal contracted with the County on Novembe to install and pay for street, drainage, and other improvements in Subdivi- sion No. , as per map now being filed with the County's Recorder, and to comp el -e� said work withinpne Year from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors , subcontractors , and persons renting equipment or furnishing labor or materials to them for said work and improvement , and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will Day reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on November 19. 1970 PRINCIPAL SURETY DI R 0 DEVE OPMENT RPORATION F SURANCE COMPANY By By B. vis, Attorney-in-fact State of California ) ss, , County of 0, , ) (ACKNOWLEDGMENT BY SURETY) On Y,17& the person(-,,) whose name(s.) is/awe signed above for Surety and who is known to me to be the Attorneys)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/may- signed the name of the Corporation as Surety and his/*_ t�- own name(- as its Attorney(s�-in-Fact. Notary Public for sa d County and State n...................._..........�.e� (Imp. Sec. Bond, CCC Std.Porro) �Y V.,_t s. B"Ut PJ E (HP-Z5;Rev. 8-67; 200) 1�� n CONTRA COSTA CO.,CALIF.,= '..u:.uuwwwp�uwt My Commission Expires Dec.4,1971 A Certified Copy of POWER OF ATTORNEY Num aH Stu bg *tot 11restnis, That the FEDERAL INSURANCE COMPANY,90 John Street,New York, New York,a New Jersey Corporation, has constituted and appointed,and does hereby constitute and appoint E. A. Stabb Stanley Park B. E. Davis o: Zan f'rancLaco, California each its true and lawful Attorney-in-Fact to execute under such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise,bonds of any of the following classes,to-wit: 1. Bonds and Undertakings (other than Fiduciary Bonds) filed in any suit, matter or proceeding in any Court, or Sled with any Sheriff or Magistrate, for the doing or not doing of anything specified in such Bond or Undertaking,in which the penalty of the bond or undertaking does not exceed the sum of Fifty Thousand Dollars ($60,000.00). 2. Surety Bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds, Lease bonds,Workmen's Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs,Deputy Sheriffs and similar public officials. S. Bonds on behalf of contractors in connection with bids, proposals or contracts to or with the United States of America, any State or political subdivision thereof or any person, firm or corporation. illi Iffift g 311tt'tDt, the said FEDERAL INSURANCE COMPANY has, pursuant to its By-laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto adized this 1st day of January 19 69. FEDERAL INSURANCE COMPANY By \�SURANCF �+. "e Am"t-'. Frederick C.Gardner vim-Pywidsat 00, S yFwERS # Walter lAFo=rs��e darisfewt sea..eary STATE OF NEW YORK County of New York On this 1st day of January 1969, before me personally came Walter LaForge, to me known and by me known to be Assistant Secretary of the FEDERAL INSURANCE COMPANY, the cor- poration described in and which executed the foregoing Power of Attorney and the said Walter LaForge being by me duly sworn,did depose and say that he resides in the City of New York, in the State of New York; that he is Assistant Secretary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the seal affixed to the foregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By-Laws of said Company and that he signed said Power of Attorney as Assistant Secretary of said Company by like authority;that he is acquainted with Frederick C.Gardner and knows him to be Vice President of said Company, and that the signature of said Frederick C.Gardner subscribed to said Power of Attorney is in the genuine handwrit- ing of said Frederick C.Gardner and was thereto subscribed by authority of said By-Laws and in deponent's presence. Acknowledged and Sworn to before me `�`„"`p,�MrltOrur,y,r r4- OR the daft above w-rittes BE&r' Cb 134E4 Q'• pTA/;; '��= ' N r ' Notary Public * p(IgLIG �? 31ARY K. BENDICK NOTARY PUBLIC, State of New York No.24-0237960 �rlF'0 f'•NE�+�r`�� Qualified in Kings County a• Certificate filed in New York County rerwr.w `" Commission Expires March 30, 1969. POW Issas INEV.1.70) -6as0 tmf T' x ACKNOWLEDGMENT OF ANNEXED INSTRUMENT STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO) ss.: On this....l9th.....day of.......A0..VeMbeX- _.....in the year one thousand nine hundred and......Ae-y- I]U................ before me. ..........................................T.---.A.,-...FxY--...................................................................a Notary Public in and for the City and County of San Francisco, State of California, residing therein, duly commissioned and sworn, personally appeared...............B...E,fti$..................................................................known to me to be the..... T.T.Q.MEANIA .............. of FEDERAL INSURANCE COMPANY, the Corporation that executed the within instrument,and also known to me to be the person........who executed the within instrument on behalf of the Corporation therein named and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, in the City and County of San Francisco, the day and year in this certificate first abov «mitten. allilifIIIIIlllilitilIllltlitli{t111111tltlllillIII fill IL: _ J. A. FRY ......= ... ' .................. ........._. .._...-----_._.. __.._ _ ......__..._... 1FIy .. _ Notary Public in and or the City and County of _ gp13t};... ,�kp;jl,�..^,_..._..._ San Francisco, St, of California C111 8 COUNIN OF$;,I,FRANCISCO — •F-tr MY COMMISSION EXPIRES SEPT. 2=, 197: titilllltlllilitt{IIIIII{IIIIIIitillititf{t2tt111ittt3lSG h C� Bond No.8o43-42-79 Premium: $225.00 IMPROVEMENT SECURITY BOND (Faithful Performance & Maintenance, AND Labor & Materials) (Calif. Bus. & Prof. Code §ZZ6Z2; Contra Costa County Standard Form) Z. OBLIGATION. (Principal) DT GTORCTO TIEVVLOPMM CORPMATTON as Principal, and lure y PEDERAT. T%41TRANCE rCW.ANY a corporation organized and existing under the laws of the State of and authorized to transact surety business in California, as Buret—y, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it : (A - Faithful Performance, & Maintenance) THTTRTY THOUSAND ARID NO/100ths-------------------------- Dollars ($ 5o.000.00 ) for itself or any City-assignee under the below-wed subdivision contract, plus (B - Labor & Materials) THTgTy THOUSAND AND NO/100ths-----------------------Dollars ($ 00. 0 ) for the benefit of persons protected under Cal. Bus. &Prof.Code 511612. 2. RECITALS. The Principal contracted with the County on November 19, IC170 to install and pay for street, drainage, and other improvements in Subdivi- sion No. X9;.1--, as per map now being filed with the County's Recorder, and to complete said work within One Year from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him ac- c—ord� to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on November 19- 1970 PRINCIPAL SURETY DT rT TO TVT NON A IM By `'-:, y State of California ) ss, County of Cs�� _� � ) (ACKNOWLEDGMENT BY SURETY) On �zr ,.. {'« ,y, iy7� the person(3) whose name(s) is/acre signed above for Surety and who is known to me to be the Attorney( -in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Surety and his/ -awn name(,-,), as its Attorney( -in-Fact. Notary _ ub t i co row == untq--� e (Imp. Sec. Bond, CCC Std.Form) - IA'!,-, SRUHN _ (HP-Z5;Rev. B-67; 200) ' ` 's CONTRA CCS,','.CO..CALIF. i My commission Fspires Dec.4, 197L + • ' _ cat"Ceps d POWER OF ATTORNEY Kum aU A= by knees gage u. That the FEDERAL INSURANCE COMPANY,w John Street, New York, New York,a New Jersey Corporation,bas constituted and appointed,and dor hereby constitute and appoint E. A. Stabb Stanley Park B. E. Davis of man Francisco, California each its true and lawful Attorney-in-Fact to execute nnder such designation in its name and to affix its corporate seal to and deliver for and on its behalf as surety thereon or otherwise, bonds of any of the following classes,to-wit. L Bonds and Ups (other than Fiduciary Bonds) Ned in any suit, matter or proceeding in any Court, or lied wk► any Sheriff or Magistrate, for the doing or not doing of anything specised in such Bond or Undertaking,in which the penalty of the bond or undertaking does not exceed the sum of Fifty Thousand Dollata ($60,000.00). 2. Surety Bonds to the United States of America or any agency tbersoC including those required or permitted under the laws or negalations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any State, City, Town, Village, Board or other body or organisation, public or private; bonds to Transportation Companies, Lost Instrument bonds, Lease bonds,WIn Cosepenaation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Slrsefi,Depu W Sheriffs sad a nsilar public oicials. 3. Bonds on behalf of contractors in connection with bids,proposals or contracts to ae with the United States of America,any State or political subdivision thereof or any person, firm or corporation. the said FEDERAL INSURANCE COMPANY has,purwant to Its By-Laws, caused than preeenta to be signed by its Vice President and Assistant Secretary and its corporate seal to be hereto ailed this let day of Jasusary 10 69. FEDERAL INSURANCE COMPANY By Fraderidc C.Geriser �;= � Piee+llnoiidant JERS� W Aa.` .wtswe+�r STATE OF NSW YORK County of New York On this lot day of January IM.before me personally came Walter LaForge, to sae known and by me known to be Assistant Secretary of the FEDERAL INSURANCE COMPANY, the cor- posation described in and which executed the foregoine Power of Attorney and the said Walter LaForge being by sae duly sworn,did depose and say that he resides in the City of New York,in the State of New York; that he is Assistant Secretary of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the nal aired to the foregoing Power of Attorney is such corporate seal and was thereto alll:ed by authority of the By-lawn of said Company and that be signed neemu Power of Attorney as Assistant Secretary of said CompwW by like authority;that he is acquamtd with Fr C.Gardner and knows him to be Vice President of said Caaippssnn�y, and that the signature of said Frederick C.Gardner subscribed to said Power of Attorney is in the genuine handwrit- ing of said Frederick C.Gardner and was thereto subscribed by authority of said By-Laws and in depooeat s presence. Adpusrie id esiSwerys to ie/mv was ou hate 40"Written �►• BEtip �►«� ;* Notary Public �i A(�B�,1G s4+ey3 MARY S BENDICg o ,f NOTARY PUBLIC, New York � '.,..�,,.�' ,may•F M ' Certis sled in County Commission Expires Mar+eb 30, IM Poem sad"(a".1.70) .J44M No *M.4ETT•HITLa1CDCK EDWAAO.W LEAL. JR COUATY TREASURCR"TAX'COLLECTOR A5515T.Nr TAX COLLECTOR'S OFFICE COuarY TREASvw[sr-rAX collccroR P..ONr 220.1-00 ALFRED P LOMELI r%T Z];•'•:3-F-2387, CONTRA COSTA COUNTY TAX Ofr-CE -AN.rER 1I0ST 1hSr.LL-C1' O, t.,Ei FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 NT DUE AND PAYABLE DELI OAT OF ON TMC FIRST DAY OF NOVEMBER 2 '•}7 Q�+ ON THE TENTH OAT OF OECEMB[R - rq OTl ember 23 1 J j 0 SECOND INSTALLMENT OF TAXES SECOND INSTALLMENT OF TAXES DELI DUE AND PAYABLE O ON IMF FIRST DAY OF FEBRUARY ON THE TENTH DAAYT OF APRIL IF THIS TRACT IS NOT FILED BY FEBRUARY 28, 19 7-13 THIS LETTER IS VOID This will certify that I have examined the reap of the proposed subdivision entitled: . MAG11" °9;1 and have determined from the official tax records that there are no unpaid county taxes heretofore levied on the property included in the map. The..curr,ent -'--970—711 tax lien has been paid in full. EKKETP HITCHCOCK Redemption Officer Deputy dl SUBDIVISION AGREEMENT (§1) Subdivision: Tract 3951 - Phase I & II (§1) Subdivider: Filper Corporation (B. & P. Code §§ZZ6ZZ-Z2) 1 Effective Date : November 23, ' 1970 (Contra Costa County (§1) Completion Period: One Year Standard Form; 8-67) (§4) Deposits : A. (cash) 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ 80,400 2. ( labor,materials)$ 80,900 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage , street signs , fire hydrants , and all improvements as reouired by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments , and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder: and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429 ; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus . & Profs. Code §11612 , deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . B. Bonds , etc. : (Z - FaithfuZ Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $5003 in the form of a cash deposit , a certified or cashier' s check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus (2 - Labor & fater;:als) another such additional security in at least the above-specified amount , which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors , and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. 1Varra?:4:•. Subdivider warrants that said improvement plan Is ade- quate to aecomnlish th4- ro-1, as pro--se.^ ;n -Section 2 . and if, at anv time before t'-:e County' s reso utior: Dr " I `, cn for the subdivision, the improver•ent plan prove- to be inadeouate in _. _ respect , Subdivi- der ubdi vi- der shall m�az{,� chances :zeces:-,r-z tc accc•�r1_-h .^rk as pro?-ised. -1- A 6. No Waiver by County_. Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof comolies 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 contract as prescribed; nor shall the County be thereby estopped from bring- inR any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards, commissions , officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s ) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or- dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s ) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters . 8. Costs. Subdivider shall pay when due all the costs of the work, inclu-3ing inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. 10. Nonperformance and Costs. If Subdivider fails to complete the wort: and improvements within the time specified in this agreement or extensionsgranted, County may proceed to complete them by contract or otherwise, and Subdivider shall nay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys' fees, costs of suit , and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements , the subdivision is annexed to a city, the County may assiCn to that city the County' s rights under this a-reement and/or any d-rosit or bond securinp- them. Z2. Record r'a>_,. In consideration. hereof, Count,- shall alto: -ubdivider to file and record said subdivision man , and real_7nize:- th?s subdivision as one compl-yinr- e:ith State laws and Cc :^`- W. 1'. PAAW11 CLM "M ai= SWEINISM CONTRA i C0UDt 1`�QWU41 COUNTY OF CONTRA COSTA SU BMIRR: (spig to below) Y. Chairman, Hoard o upervisors By ATTEST: W. T. pAASCH, County Clerk agnate official -cepa.i�V-tffvjhe � & ex officio Clerk of the Board siness) By� 1 ,Lfi ...�.� Nota to Subdivider: (1) Execute Deputy acknowlodgment form below: and (2) If a corporation, attach a certified copy of (a) the bylaws FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board County Counse of Directors, authorizing execution of this contract and of the bonds required By ..�' hereby. Deputy State of California ) ss. (Acknowledgment by Corporation, County of -.7-h.,, ( � } Partnership or Individual) On - jitaia= &j. 1.171) • the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or oartnershio named above executed it. Notary Public for said County and State (Subaiv. Agrmt. CCC 'Std. Form) ._,..,..«,..,,,.„..,,,*„:•n+nano! (4P-9; Rev. 9-69; 2 ?n) JANET B. BRUHN � TARY FUaLIG 1,-;cc-m..Co.,C"UF. .�:mtxrxxerxtxxr:xs:ttx:ttt.xxxe:xrsxxxn� g.. My Commission Expires Dec,4,197JL COY 0:' . _`,S'0UJT10:: iirir L0. .1 AUG? 'LD AT 21:12TILvG The undersigned, r.0'47 AUSTIN, Secretary of FILPER CORPORA- TION, a California corporation, does hereby certify that at a special meeting of the BDard of Directors of said corporation duly and regularly held at its office at San Ramon, California, on July 28, 1969, at which meeting there was at all times present a quorum of members of said Board, the following Resolu- tion was duly adopted: "Phat the Doard ucTreed to authorize the execution of them following documant-s wiz; respect to Tracts 3714, 3303 and 3951, Sycamore Units II, III and I`7, respec- tively: 1. Final subdivision nap. 2. Subdivision agreement and all necessary bot:ds supportin-.1 same. 3. Any other bonds necessary to fulfill County requirements for Map filing. 4. State of California, Division of Real Es Late Su;:di.vision (questionnaire and Application fox Public Report. " Said Resolution has not been amended, modified or rescinded and is now in full force and effect and on record in the minute Book of said corporation. IN WITNESS M RZ0F, I have hereunto set my hand and the seal of said corporation this 28th d=.y of .T,•. 1,; . S ' 1 CSRTIFM Corr OF RbSOLDTIdi or =a Dom OF DIRRCTCW OR DI 0101010 DSWRLOPOO T CORPORATION, A CALIFOWZZA CORPONATIOt, ADOPTSD AT A SOMIAL NOTING SM NOVOMB la, 1970. The undersigned, JANLT bRUM, Assistant Secretary of Di Giorgio Development Corporation, A California Corporation, doss hereby certify that at a special meeting of the board of Directors of said corporation duly and held at its office in Danville, California, on November 18, 1970, at wbich meeting there was at all times present a quorum of members of said board, the following Resolution was duly adopteds "That the bard agreed to authorise the execution of the following documents vitt respect to Tract 3951, Sycamore Unit IVB I. Final sv:Miviaion map. 3. Subdivision agreement and all necessary bonds supporting same. 3. Any other bonds necessary to fulfill County requiremients for map filing. 4. State of California, Division of Real Utate Subdivision Questionnaire and Application for Public Report." Said Resolution has not been amended, modified or rescinded and is now in full fora and effect and on record in the minute book of said corporation. IN WITIMSS WURR30r, I have hereunto set my hand and the seal of said corporation this 18th day of November, 1970. � C.Zt-fit � i��' -['`•wt�--./ JAMBf , Assistant Secretary Di Giorgio Developrut Corporation PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS Jcf:EC7C? ROAD COMMISSIONER-SURVEYOR 6TH FLOOR, ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 229.3000 DEPUTY PUBLIC WORKS DIRECTOR November 30, 1970 Subdivision 3951 Phase III Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3951 in Supervisorial District III in the Danville area. Accompanying this map and pertaining thereto are the following docu- ments: 1. Subdivision Agreement. Expiration date of two-year time limit for com- pletion is November 23, 1972. 2. Performance Bond in the amount of $81,700.00. This Bond, together with a $500.00 cash deposit (Auditor's Receipt No. 86494 dated November 24, 1970, is to guarantee completion of road and street improvements as required by the County Ordinance Code. 3. Labor and Materials Bond in the amount of $82,400.00. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property. The map is submitted for filing by Title INsurance F Trust Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, RECEIVED VICTOR W. SAU R Public Works irector Mr. 1 - 1970 _ W. T. PAASCH By _ J CLERK BOARD OF SUPERVISORS V. L. Cline �puty By- i�cJNTR cQ$T�A/COyAssistant Public {Yorks Director L?/ A Highway Planning VLC:fa cc: Title Insurance & Trust Co. Planning Department Construction Division r�tgo i ACKNOWLEDGMENT OF ANNEXED INSTRUMENT STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO) ss.. On this.........1%hday.of....-----_NQ 4=bg r..._......in the year one thousand nine hundred and...fffellty..................... before me. ............ _J. -A. .Fry... .. . .. .............a Notary Public in and for the .......... ......................................... City* and County of San Francisco. State of California, residing therein, duly commissioned and sworn, personally appeared.............. :..E.. ......................................................... known to me to be the.....ARfl��-��.{� �............. of FEDERAL INSURANCE COMPANY,the Corporation that executed the within instrument,and also known to me to be the person........who executed the within instrument on behalf of the Corporation therein named and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, in the City and County of San Francisco, the day and year in this certificate first a written. �tittligttllitiliitUHltiiillililltlifttllttitttttt114 J. A. FRY ............. .... .. ... ....•--... .............................. TARY PU13(fC CA?lFCr?fdlA NT ry Pu is in d for the City and County of My Com x �...._..._. .. _... _.:. San Francisco, to of California CI1Y&=001Y OF SAN FRANCISCO S My COMMISWOU EXPIRES SEPT. 24, 1571 iF-iii Stiittttt{titiittttittiittiiii tttitltttititttttttiittttiir ,�x5 Bond No. 8043-44-50 Premium: $615.00 IMPROVEMENT SECURITY BOND (Faithful Performance & Maintenance, AND Labor & Materials) (Calif. Bus. & Prof. Code §ZZ6Z2; Contra Costa County Standard Form) Z. OBLIGATION. (Principal) DI GIORGIO DEVELOPMENT CORPORATION as Principal, and (surety) FEDERAL INSURANCE COMPANY a corporation organized and existing under the laws of the State of New Jersey and authorized to transact surety business in Californ a, as urety, hereby' jointly and severally bind ourselves, our heirs , executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintenance) EIGHTY ONE THOUSAND SEVEN MMWED AND No/1()Q -Dollars ($ 81 00 ) for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials) EIGHTY TWO THOUSAND AND Nnf100thG----------------------------Dollars ($ ) for the benefit of persons protected under Cal. Bus . &Prof.Code §11612. 2. RECITALS. The Principal contracted with the County on November 19 1977 to install and pay for street, drainage, and other improvements in Subdivi- sion No. 3951 , as per map now being filed with the County's Recorder, and to complete said work within Two Years from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except thatthe guar- antee of maintenance continues for the one-year period; and if he fully pays Lht! contractors , subcontractors, ana persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- nev fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on November 19- 1970 PRINCIPAL SURETY By . E. Dav s, Attorney-in-Pact # # # # # # # * # # # # # # # # # # # # * # # # # # State of California ) ss., County of e (ACKNOWLEDGMENT BY SURET'1 On �, (�_� /y, 1 f 74 , the person(&) whose name(&) is/are signed above for Surety and who is known to me to be the Attorney(&)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/t4ey signed the name of the Corporation as Surety and bis/t4-_A_-i- own name(!sJ as its Attorney(h)-in-Fact. Notary Public tate (Imp. Sec. Bond, CCC Std.Form) ET B. RUHN (HP-15;Rev. 8-67; 200) • CONTRA COSTA CO..CA LIF. - rtttnttttunss�uss:cs:uuu=::::u:ssau�� My Commission Expkes Dec.4.1971 r� GetiWCapyd -. Powat OF ArroitNEY ;Frau all AIM by *W • That the FEDERAL INSURANCE COMPANY,90 John 8trook Now Yash,Now Yash,a Now Janney Corpoestion,hes aooditated and appointed.and does bushy constitute and appoint E. A. Stabb Stanley Park P. E. Davis of San Francisco, California eseh its troe and lawful Attorney-in-Fact to execute under such designation in its name and to ams its corporate seal to and deliver for and on its behalf as aunty then=or otbeswise,bonds of any of the following tion k to-wit: 1. Bonds and Undertakings (other than Fiduciary Bonds) Abd in any suit,matter or proceeding in any Court, or Aced with any Shed[ er Magistrate, for the doing or not doing of anything sI P iAed in such Bond or Undertakin&in which do penalty of the bond or undertaking does not exceed the Ear of Fifty Thousand Dollen (ice)• 2 Surety Bonds to the IIaitad States of America or any agency dee*4 including those or permitted nude r the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indsmuly bonds under the laws,ordinances or regulations of any State, City, Town,Village,Board or other, body or organization, public or private; bonds to Transportation Companies, Lost Indsnment bonds, Lease Workassn9s Compowation bonds, Miscellaneous Surety bonds and bonds on bebelf of Notaries Public, Sborift Deeny 8hsdib and aissilar public officals. E. Bonds on behalf of contractors in connection with bids,proposals or contracts to er with the Usitsd States of America,any State or political subdivision thereof or any person. Arm or corporation. In NWM , the said FEDERAL INSURANCE COMPANY has,puraaant to its By-laws, caused these prr.eata to be signed by its Vice President and Assistant Secretary and its corporate seal to be bad* afiasd two 14 day of Jammy 19 69. FEDERAL INSURANCE COMPANY : , By /[a,.� _ Ferisdat C.asohm JER waltarl", • P BTATE OF NEW YORK Caasy of Nw York On this ld day of January 190.before me tame Walter LaForge, to ase known and by am known to be Assistant Serratary of the FEDERAL INSURANCE COMPANY, the tor- poratiea described in and which executed the foregoing Power of Attorney and the said Walter LsForge being by ase dolt'swoea.did depoes and aayy that be resides in the City of Now York.is the State of New York; dot be L Aasiataat Secrrtsry of the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof; that the and a0zed to the foregoing Power of Attorney is such corporate seal and was thereto aM nod by authority of de laws of said Company and that be signed Power of Attorney as Assistant See purr of said Company by lffoe authority;that be is tented with Frederick C.Gardner and knows bin to be Vice e+saidaat of sam and that the signature of said Frederick C.Gardner subscri-bed to said Power of Attorney is in the grndae bandirdt- be of said Frederick C.Gadwr and was thereto subscribed by authority of said By-laws and in dsp=mWs persona. A sdasisrr..sabs/anew as iaN stens waste oo ARj►'s • :* Netrr P� * AU%G i! NARY K. BENDICK NOTARY P No.26 Now York •1jf � �OF York h . roma caw(MV.1-76) J•wr we EMMETT HITCHCOCK - EDWARD W LEAL, JP O CUNTY TREASUREWTA% COLLECTOR ASSISTAJ+T TAX COLLECTOR'S OFFICE COUNTY TOCASUMCR,TAI COLLECTOw PHONI 228-I:•00 ALFRED P LOMELI EST 23•15 23hF, 2387 CONTRA COSTA COUNTY TA= OFFICE MANAGER FIRST INSTALLME%T Or TAKES FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 DELINQUENT DUE AND PAYABLE ON THE TENTH DAY OF DECEMBER ON THE FIRST DAY OF NOVEMBER -� SECOND INSTALLMENT OF TAXES November 23. 19 r 0 SECOND INSTALLMENT OF TAXES DELINQUENT DUE AND PAYABLE ON THE TENTH DAY OF APRIL ON THE FIRST DAY OF FEBRUARY IF THIS TRACT IS NOT FILED BY FEBRUARY 28, 19 717 TRIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: T?nCT r:c,. 3951 and have determined from the official tax records that there are no unpaid county taxes heretofore levied on the property included in the sap. The current 1971 tax lien has been paid in full. ENNETf HITCHCOCK Redemption Officer By: De y dl SUBDIVISION AGREEMENT (§1) Subdivision: Tract 3951 _ phase III (B. & P. Code §§11612-12) (§1) Subdivider: Filper Corporation 1 Effective Date: November , (Contra Costa County (§1) Completion Period: Two Years Standard Form; 8-67) (§4) Deposits : A. (cash7 $500. B. (bonds, etc. ) 1. (faithful perf. 81, 700 & maintenance) $ 2. (labor,materials) 82,000 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants , and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free froF defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs . Code §11612, deposit as security with the County: A. Cash : $500 cash; together with . . . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (Z - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors , and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. S. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section 2; and if, at any time before the County' s resolution of completion for the subdivision, the improvement plan proves to be inadequate in any respect, Subdivi- der shall make changes necessary to accomplish the work as promised. -1- 6. No Waiver by County. Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. S. Costs. Subdivider shall pay when due all the costs of the work, inclu-dam inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements, the subdivision s annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. Z2. Record Map. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances. -2- I LED PAASCH CLERK BOARD OF SUPERVISORS By�COfVTRA S TY Deputy COUNTY OF CONTRA STA SUM IV ER: (seol-no e- below) By _1 jr Chairman, Boa f Supervisors < _ . By =�� ATTEST: W. T. PAASCH, County Clerk signate —capacity & ex officio Clerk of the Board in the business) By `�l��i�.F �% 4�- Note to Subdivider: (Z) Execute Deputy acknowledgment form below; and (2) If a corporation, attach a certified copy of (a) the by- FORM APPROVED: JOHN A. NEJEDLY laws or (b) the resolution of District Att ney the Board of Directors, authori- zing execution of this contract By and of the bonds required 'hereby. j Deputy State of California ) ss. (Acknowledgment by Corporation, County ofd ) Partnership or Individual) On � i� -Z-3, Ifl-10 , the person(s) whose name(s) fs/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and ac- knowledged to me that he executed it and that the corporation or partner- ship named above executed it. / !wuvnnnaneT'r-•••.•±•••f•ga•RT*TNson ry JANET E. BRUHN E Notary PublicALS State (Subdiv. Agrmt. CCC Std. Form) (HP-9; Rev. 8-67; 200) —3— MY Commission Expires Dec,4,1971 i u A IN THE BOARD OF SII PER PIIS ORS OF ' CONTRA COSTA COUNTY, STATE OF-CALIFORNIA December 1, 1970 In the Matter of Authorizing ) Acceptance of Instruments of ) Dedication for Recording, ) Subdivision 3951, ) Danville Area. ) Y On motion of Supervisor J. P. Kenny, seconded by Supervisor A. M. Dias, IT IS BY THE BOARD ORDERED that the following listed instruments entitled "Offer of Dedication" be accepted for recording only, and this Board directs the Clerk to record a certified copy of this acceptance together with said instrument: Grantor Instrument Date Description Filper Corpora- November 16, 1970 Dedicating a temporary easement tion over a 10,46ot strip of land west of Greenbrook Drive for storm water and surface drainage purposes as a condition of approval of Subdivision 3951. Filper Corpora- November 16, 1970 Dedicating a temporary easement tion over a 10-foot strip of land lying Within the future southern extension of Tunbridre Road for storm water and surface drainage purposes as a condition of approval of Subdivision 3951. Filper Corpora- November 16, 1970 Dedicating a temporary easement tion over a 10-foot strip of land • southeast of Lodgehill Court for storm water and surface drainage purposes as a condition of approval of Subdivision 3951. Filper Corporation Novemver 16, Dedicating a temporary easement 1970 over a rectangular parcel of land at the intersection of Lodgehill Court and Indianhome Road for storm water and surface drainage purposes as a condition of approval of Subdivision 3951. Grantor Instrument Date Description Filper Corpor- November 16, 1970 Dedicating a temporary easement ation over a rectangular parcel of land at the rear of Lot 53 for storm water and surface drainage purposes as a condition of approval of .Subdivision 3951. Filper Corpora- November 16, 1970 Dedicating a temporary easement tion over a 10-foot strip of land at the rear of Lot 63 for storm water and surface drainage pur- poses as a condition of approval of Subdivision 3951. Filper Corporation November 16, 1970 Dedicating a temporary easement over a 10-foot strip of land at the rear of Lots 67 and 6$ for storm water and surface drainage purposes as a condition of approval of Subdivision 3951. The purpose of accepting said instruments is for recording the Offers of Dedication, and such offers of dedication, when recorded in the office of the County Recorder, shall be irrevocable and may be accepted at any time by this Board, or by governing body having jurisdiction thereof, pursuant to Section-7050 of the Government Code of the State of California The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, T. J. Coll, NOES: None, ABSENT: Supervisors J. E. Moriarty, E. A. Linscheid. cc: Recorder (via P.W. ) Public Works (2) Planning Department Administrator D CC)r Y ti;at talc is a f_it, true & correct copy of the O l{;i::I c:`J;=n.-cr,t l: .i.a i„ q:l L; my office, sold Lila" it 7-'" 1:a:ww--i .. ,,,, :'_!,::f L;;e l:oard of Sa;crric:ws c: C,n::a G::.L.l C,:..;Ly. C.::fo:.;Ia, on cae %;ate Zhet;nL A,:i,3i': 1:'. .. i.�,1.C:I, .ounty gcr:-c Bc c-v-e:fiLio clerk of szI1;oard of Supervisors. byddee uty clerk. i • IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA December 19 , 197 2 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 3953, Walnut Creek . ) Area ) } Deposit: $500 ) Auditor's Permit No. 84810 ) Dated September 4, 1970 ) Refund to: ) Irwin Deutscher ) 2350 Contra Costa Boulevard ) Pleasant Hill, California 94523 ) On July 20, 1971 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 19th day of December , 197 2 cc : Public Works (2) W. T. PAASCH, CLERK Subdivider By �1�-F�X.�c� �. 'I�tir� � � , Deputy Clerk Helen C. Marshall IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain road gas County ) RESOLUTION NO. 71/452 roads , Subdivision 3953, ) Walndt Creek area. ) WHEREAS the Public Works Director having notified this Board that improvements have been completed in Subdivision 3953, Walnut Creek area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 3953, Walnut Croak area ►u6ust 21, 1970 (Vnitod Pacific Insurance Company - Dond NO, 620457) BE IT FURTHER RESOLg } hat the $500 cash depAsi surety (Auditor's Receipt No. �1 dated 3eptamber &V 1918) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described road@, having been heretofore dedicated to public use by the filings map in the office of the County Recorder, be and the same accepted and declared to be _ County road—sof Contra Costa County: Alamo Court (32/52/.14) ) Larkey Lana widening as shown and dedicated for public use on the map of Subdivision 3953 filed 'eptenber 10, 1970 in Nook 132 of Naps at Page 37, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 20th day of July 197 1, by the following vote of the Board: AYES: &Werviaors A. K. Dias, J. 2. Xoriartyr W. X. Doggoss, Z. A. Linscheid, J. P. KeW- CERTIFIED COPY I certify that this is a full. true & correct copy of NOES: Wong the original document which is on file in my office, and that it was passed & adu,ted Ly the i:oard of None. Supervisors of Contra Costa Ccunty, Califorwa, on ABSENT: the date shown. AT'MST: %V. :. PAASCH, county clerk&ex-offirto clerk of said L'oard of supervisors, by deputy clerk. cc= Recorder RESOLUTION NO. on Public Yorks (2) Subdivider IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 39539 Walnut Creek ) RESOLUTION NO. 70/576 Area. ) ) WHEREAS a map entitled Tract 3953 , property located in the Walnut Creek Areahaving been presented to this Board for approval, said map aving been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1969-1970 tax lien has been paid in full, and the 1970-1971 tax lien, which became a lien on the first day of March, 1970 is estimated to be $3,300; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 8, of the County Ordinance Code; Surety Bonds issued by United Pacific Insurance Company, with James J. Busby and Irvin Deutscher, as principals, as follows : Bond No. 620457 in the amount of $22,000 for Feld thful Perfornance, and '4.'22,500 for Labor and Materials, to guarar.rce completion of public road and street improvements; Cash deposit (Auditor's Receipt No. 84810, dated September 4. 1970) in the amount of -t500; Tax Bond No. 620458 in the amount of $3,300 guaranteeing payment of estimated 1970-1971 tax lien; Inspection Fee in the amount of $1,125; and Subdivision agreement between Zrvinr, Deutscher Development Co. , a C-ili.forni.a Corporation , 2350 contra Costa Boulevarrt , Vlengnnt subdivider and the County of Contra Costa, wherein said subdiv- /Hill ider agrees to complete road and street improvements, etc. , in said subdivision within a year from the date of said agreement; (Time limit for completion expires August 21, 1971), RESOLUTION NO. 70/576 Form #23 NOW, THEREFORE, BE IT RESOLVED that said bonds and . deposits and the amount sthereof be and the same are herery- V95. BE IT FITRTH t 13rSOLATFD that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements shown thereon as dedicated to public use. PASSED AND ADOPTED this 8th day of September , 19_?�, by the following vote of the Beard: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, E. A. Linscheid, T. J. Coll, NOES: None. ABSENT: None . CERTIFMD COPY I certify that this is . full, true & correct copy of the otiainal 6o,;uu,nt Y; w:i is on file in niy office, and that it wa:: pas.1 ._ :ccs,::c1 Ly the Board of Supervisor;: o: C.ntrt G)),ta County, CalIforaia, on the date shO%V:L ATTE''ST: W. T. PAASCH, county clerk&ex-officio cleric of said Board of Supervisors, by deputy clerk. IAII�Ao 1477A . 6#Nzu�o" on RESOLUTION N0. 70/576 Form #23; 70-4-500 cc: Public corks (2) Planning Subdivider A CiNTNA COSTA COUNTY CLENN'S OFFICE Inter - other Ilea oats: September 8, 1970 To: County Counsel Fns: Geraldine Russell - by A. McSorle y Su�jact: The Board on this day unanimously adopted the following resolutions: No. 70/571 - Application to the Local Agency Formation Commission requesting approval of annexation of Subdivision 3478, San Ramon area, to County Service Area M-4; and v No. 70/577 - Application to the Local Agency Formation Commission requesting approval of annexation of Subdivision 3953, Walnut Creek area, to County Service Area L-45. Will you please prepare the appropriate resolutions. All members of the Hoard were present. are Attachments cc: LAFC A r 4 FEI L• : if7,31 . T. PAASCH CLERK WM Ci sUPOVIS ws DIWY By SUBDIVISION AGR;; ( §l) ^ubdivii.on: 3953 �_. 1 (§I) Subrla.v°icier (B. P. Code §§Z Z[ Z Z-Z 2) CO A CAlOA�iL CO�OR�?I0� 711) Effective Date : Ay�_T (Contra Costa Ccurty (§l) Completion Period : Or)C rept. Standard Form; 8-67) (§ll ) Deposits : A. (cash) i0 B. (bonds , etc . ) 1. (faithful perf. & maintenance) $ 22,000.00 2. ( labor,mater3_als)$ 22,500.00 Z. Parties; & Date. Effective on the above date , the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs , fire hydrants , and all improvements as required by the County Ordinance Code, especially Division k of Title 8 (Sections 81100 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County ' s Public Works Department. Subdivider shall complete this work and improvements (hereinafter called ",.,,ork" within the above completion period from date hereof as required by the Calif. Subdivision Pap Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- 1, cn.t- Alan an- the Cour . vl,.l 111(111 cc VV JAI. , vI-lc 3 tri c -O rcq Uirc n,,c 11 t,Z; shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §81129 ; and he shall maintain it for one year after -its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Secur-:ty : Derosit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus . & Profs . Code §11612, deposit as security v:ith the County : A. Cash: $500 cash; together with . . . . . . . . . . . . . . . B. Bonds , etc. : (Z - Faithful Per additional security for at least the above-:>pecified- amount, which is the total estimated cost of the work less $500, in the form of a cash denosit , a certified or cashier' s checl•: , or an acceptable corporate surety bond , guaranteein his faithful nerformance of this agreement and maintenance of the work for one Near after completion and acceptance thereof against any defec= tive w orlcmansl:_p or materials or any unsatisfactory nerformance ; plus (2 - Labor & Materials) another such additional security in at '_east the above-specified amount , i-,hich is the fall amount of said estimated cost , securing; payment to the contractor, to his subcontractors , and to persons rentinc: eeuipment or- furnishin-- labor or materials to them or to the Subdivider. 5. I.:Iaf'ra?'.t': Subdivider ,-� r n � S m,nDr 1 � s a .c..Y' .�: i,S tt7a raft: ]. G'T�= -�n�, T:•.��?n i.� a�.. - 4t11.+.:e t0 �3CC0:".:;i l .. i; ;. 'C)''�r- ?�' ��rt^.� :,?+7 1 ` C'Cf.10?� 2 . and if, at 315� time before i`ie Cc•'.zn` :r t I•' c:� L1T?O1: :j = ' _ (:"1 for 1:;1e C11?'.7iST'i.�iGn the imaproverent alai: ` roves to b? in. :in -ivate In rinNr respect, Subdivi- der shall ni-'.! e chan�nas necessSar , to ?ccc—. i_:ti the work as lnon-ise-l . G. No hlaiver bug Countu. Inspection of the woric and/or materials , or approval o ,•lork and/or materials inspected, or statement by any- officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement , or acceptance of the :chole 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 contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards , commissions , officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including; personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan_ or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of' one or more of them; Non-Conditions : The promise and agreement in this section is not conditioned or dependent on t•:hether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters . 6. Costs. Subdivider shall pay when due all the costs of the work, inclua n�g inspections thereof and relocating existing utilities re- quired 'thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed man and to the satisfaction of the Count- Road Commissioner-Surveyor. 10. Nonperformance and Costs. If Subdivider fails to complete the wort: and improver:ents within the "time specified in this agreement or extensions granted, County may proceed to complete them by contract or oth-erwise, and Subdivider shall nay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees , costs of suit , and all other expenses of litigation incurred by County in connection therewith. 11. Assignment. If before County accepts these improvements , the subdivision is annexed to a city , the County may assirr: to that city the County ' s riC:hts under this a-reenent and/or any dcro.-zit or bond securi nt- t-,nrm. Zcord cr. In consider?ticn hereof, roun` shall 10 ""ubdivider to i'i le and rc c,7,r•d _j ,,- subd:iv; n. L( -:a n( J. c; hiti . ; N �r: r. ;� , an(i � eco�-,n1.� �.. ;�,bn �y ion as one co* ply*;.,^ .,it State la:•:s and Ccunt;, o_•d mance- . -2- COUNTY OF.CONTRA COSTA SUBDIVID (see note, helprr j By IxYIN DiE SC DEYEIDPI (i�J_: =w GALIFO Chairman, a d of Supervisors CORPORATI ATTEST: W. T. AASCH, County Clerk (Designate official capacity -2n the & ex officio Clerk of the Board business) Note to Subdivider: (1) Execute Deputy acknowledgment form below: and (2) If a corporation, attach a certified copy of (a) the bylaws FORD APPROVED: JOHN B . CLAUSEN or (b) the resolution of the Board County Couns 1 of Directors, authorizing execution of this contract and of the bonds required By ✓ hereby. Deputy * « « � ar tr � •ir * * a a +t � a # +r � a � � * a it � a a � # s * 1t +t � * s it � 1► i* •It � i► o � +t State of Ca .ifornia ) ss. (Acknowledgment by Corporation, County of �` ) Partnership or Individual) On -3/ the person( whose name( is/awesigned above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to ne that he executed it and that the corporation or partnership named above executed it. �7 1111/lWliU(fJi4itinu OFFICIAL _ SEAL _ LUCILE E. KISH t NOTARI'eUuLIC•CAirFORMA i CONTRA COSTA COUNTY ? My,Commission Expires April 2, 1973 Notary Dy ub lic for said County Y and State (Subdiv. Agrmt. CCC Std. Form (110-9; Rev. 9-69; 2,19) RESOLU TL0N At.a regular mectin, of the Board of Directors of IRVIN DEUTSCHER DEVELOPN-M,NT GO. , the Board of Directors authorized the execution of a Subdivision Agreement and Bonds with the County of Contra Costa in connection with the Final approval and recording of Tract 3953, Executed this 3�day of 1970. IRVIN DEUTSCHER DEVELOPMENT CC By ----�---- --- 49 Secretary STATE OF CALIFORNIA }SS COUNTY OF Contra Costa ON August 21 . ....... ........, 19.-70, before me, the - -- ••-----•-- .... - ....... undersigned,a Notary Public in and for said County and State,personally appeared IRVIN_DEUTSCHER known to me to he the . --------•------------... ------- .'51L'.S.'S.'L►b'titi1^.�5, ,5 ,� is�,•rr�. tip, --------------------President,7&m&-------------------_-- .-- --------...-- -------------•-------------•------ ------------ ..-. OFTFIC:AL SI.AL n, M. a &z&vKtoaxzhaiw1 =Suz*bui3+nf the Corporation that executed the within instru- ti - a 407117,Y PUBLIC c i l« MA Ment and the officers who executed the within instrument on behalf of the Corpora- C'1_141 orpora- a ra,�:� c�;ra COUNTY tion therein named, and acknowledged to me that such Corporation executed the F w1 r,,.+is: � cssires Ja^.27,1 7, •. ` ��``=' ='" .�ti_.',•'•-'•�`'�`•� within instrument pursuant to its By-laws or a Resolution of its Board of Directors. Notary's Signature.. 'ttORPORATION ACKNOWLEDGMRNTForm No.1� Type or Print Nota s: (Executed in Duplicate) Bond No. 620457 The Premium charged for this Bond is $668.00 IMPROVEMENT SEGURITv. BOND (FaithfuZ Performance & Maintenance, AND Labor & Materials) (CaZif. Bus. & Prof. Code §ZZ612; Contra Costa County Standard Form) Z. OBLIGATION. Irvin ueutscher Development Co, a California Corporation (Principal) By JAMES J. BUSBY and IRVIN DEUTSCHER, as Principal, and (surety] UNITED PACIFIC INSURANCE CO ANY a corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in California, as ure y, here y jointly and severally bind ourselves, our heirs , executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Perfor ce & Maintenance) TWENTY TWO THOUSAND AND NO/100 -------- 22,OOQ�O.Q Dollars ($ ) for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials) TWENTY TWO THOUSAND FIVE HUNDRED AND NO/100 --------- Dollars (4$22,500.00 ) for the benefit of persons protected under Cal. Bus. &Prof.Code--Fll 12. 2. RECITALS. The Principal contracted with the County on August 21, 1970, to install and pay for street, drainage, and other improvements in Subdivi- sion No. 3953 , as per map now being filed with the County's Recorder, and to complete said work within one (1) year from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him accor ng to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors , and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect . No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. 'IGNED AND SEALED on August 21, 1970 PRINCIP Irv�n D@ tse4er Pevelopp;pent Co, SURETY a a- 1 rnia Corporat.�n 3,.' UNIT D PACIFIC INSURANCE COMPANY • / s j. us JfV By 4 ow Irvin Deutc er Donna ElTs ---- tto -m- ac City State of California ) ss & County of San Francisco ) (ACKNOWLEDGMENT BY SURETY) On August 21, 1970 , the person( ) whose name(i) is/vm signed above for Surety* and who is known to me to be the Attorney($)-in-Fact for this Corporate Surety , personally appear before me and acknowledged to me that she/ ?y signed the name of the Co rgo ation as Surety and hdE/Sbb=*r own name(a) as i F , a OFFICIAL SEAL JUNE L. BAIONI , I\OTAP,y PUBLIC-CALIFORNIA a a ' F I�IlvCW'L U: !CE hN SAN FRANCISCO LOUNTY f tary Public for said Count and tate (Imp. Sob�C orC ("rep I ' y (HP-Z ;. ev. -d 2 PUBLIC WORKS DEPARTMENT VICTOR T T� JT TRA COSTA COUNTY F. R_ =RO6VN PUBLIC WOR E T {.� 1 V CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COM MIS51 T. FLOOR. ADMINISTRATION BUILDING MARTINEZ, CALIFORNIA 94553 R. D. BROATCH �G`��O TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR W. T. PAASCH September 8 1970 CLERK BOARD OF SUPERVISORS CONTRA C S A CO. putt QY Subdivision 3953 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3953 in Supervisorial District IV in the Pleasant Hill area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is August 21, 1970. 2. A Surety Bond in the amount of $22,000.00 and a $500.00 cash deposit (Auditor's Receipt No. 84810, dated September 4, 1970, which amounts are required to guarantee completion of road and street improvements as required by the County.Ordinance Code as amended. 3. Labor and Materials Bond in the amount of $22,500.00. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1970-71 tax, which became a lien on the first Monday of March, 1970 is estimated to be $3,300.00. 5. Tax Bond in the amount of $3,300.00 guaranteeing payment of estimated 1970-71 tax. 6. Copies of the application and description to District L45. The map is submitted for filing by the Transamerica Title Insurance Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAUE Public Works irec or By , VLC:fa V. L. Cline cc: Title Company Assistant Public Works Director Planning Department Highway Planning Construction Division 1 The land referred to in this Report is situated in the State of California, County of Contra Costa and is described as follows: Lot 65, as designated on the map entitled "Contra Costa Land Co. , Subdivision No. 2 of the Larkey Ranch", which map was filed in the office of the Recorder of the County of Contra Costa, State of California, on March 28, 1914 in. Volume 2 of Maps, at page 49. Proposed ?Tact 3953 Box 398 Walnut Crcck,Califonda 9459: ��►?�'� A Service of 1323 North iltain Strcct (.1,13)935-S050 {� .• Transtruacrica Corporation IIf onsupaulza Go September 4, 1970 County of Contra Costa Public Storks Department County Administration Building Martinez, California RE: Tract 3953 { Gentlemen: As agent for and on behalf of the developer, Irvin Deutscher Development Co., a California corporation, you are hereby requested to make application to the appropriate lighting district wherein said tract lies. Your truly, 1 1, Harvey Kameny Subdivision Officer ff HK/jb • EDWARD W LEAL Jw EMMETT HITCHCOCK ASSISTANT COUNTY TREASURER-TAX COLLECTOR TAX COLLECTOR'S'OFFICE COUNTY TREASUl1ER.TA1 COLLECTOR P+.av+ 228-• ^O ALFRED o LOMELI E.7 •`• 2367 CONTRA COSTA COUNTY TA• OF--r MANAGER FIRST /VSTALLMEIT CT 'A-ES FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 DELINQUENT DUE AND PAYABLE: ON THE TENT. CAT OF DECEMBER ON THE FIRST DAY OF NOVEMBER September 4, ].970 _ SECOND INSYALLM[NT OF TAXES SECOND INSTALLMENT OF TAXES DELINQUENT DUE AND PAYABLE ON THE TENTH DAY OF APRIL ON THE FIRST DAY OF FEBRUARY IF THIS TRACT IS NOT FILED BY OCTOBER 319 19 fig THIS UTTIR IS VOID This will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 3953 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1969-70 tax lien has been paid in full. Our estimate of the 197_0_ tax lien, which became a lien on the first day of March, 1970, is $ 3,300.00 . FNWTT HITCHCOCK Redeoption Officer By: D � dl Bond No. 620458 Premium: $33.00 per annum TAS D kU40W ALL WN BY Tkii:SL PRESENTS : That weIRVIN DEUTSCHER DEVELOPMENT CO. , a California corporation, as principal, and UNITED MCIFIC MURANCE UVIWPTNY, a cor"ration, organized and existing under the laws of the Stats of as ton as surety, ars hold and firmly bald unto the COT OF CONTRA COSTA no/100 State of California, in the sum of ee ThousandThree Hundred an 00118211 ($ 3,300.00 ) , lawful money of the United States of Amay1ca. for the payment of which sum well and truly to be mads to said Co'u'p' or Contra Costa , we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents, SEATED with our seals and dated this 24th day of August 19 70 The conditions of the above obligation is such thaty tt above bounden principal is about to file a map entitled Tract o. 395 which shall be a subdivision of a tract of lasd is said t,ounty or CoRYTTCosta, , and there are certain liens for taxes and spacial assessment collected as taxes against the tract of land covered by said map. The taxes and special assassmeats collected as taxes are not as yet due or payable. Now, thsrefors, if the said principal shall pay all of the tames sad special assessmeats collected as taxes which are a lien against said tract of land covered by said map at the time of the filing of said sq, thea chis obligation shall be void and of no effect. Otherwise it shall remain in full force and effect. PktINCIPAL= SURETY: Irvin D tl: r DevelTrimt Co. UNITED PACIFIC INSURANCE COMPANY By. t- onna Ellis ":NTL OF CALIFORNIA ) City and �ss� COUNTY OF San Francisco) _`-- -----'-- LTJ " :=:1=�-?��_.c'_.-err,-�,=,-f,,•-e'- State of California � � /�/r"�� OFFICIAL SEAL CITY AND ' // ll_ L- WAIONI County of S� t AN N FRACISCO My Comml ionJi;i Y E t�, 1y73 On August 24 70 ._.r/_--�. -r19 before before me, the undersigned, a Notary Public in and for said County, personally appeared GD;lyd Ellis known to me to be the person whose name is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE CUMPA,NY, and acknowledged to me that She subscribed the norne of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h er own name as Attorney-in-Fact, lipril 30, 1Ji3 �- My Commission expires 19 Ko>'ary Public in and for said County '� B-2004 California - Jurat (Attorney-in-Fact Actcno ledgme,i0 Rem. 1-65 (/ IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA may 9 197 2 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 39639 Rhea Area ) Deposit: $500 Auditor's Permit No. 87067 ) Dated December 18, 1970 Refund to: ) Durton-Dollioger lropertien ) 899 Sope Lane ) LalWette, Calitomia 1 On Deaember 29, 1970 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above . I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 9th day of NaY , 1972 irJ. T. PAASCH, CLERK cc: Public Works (2) Subdivider By L. '.ti tG� , Deputy Clerk Heles C. NarshalT In the Board of Supervisors of Contra Costa County, State of California January 19 19 , 71 In the Matter of Refund of Cash Deposit, Subdivision 3963, Rheem Area. WHEREAS this Board on December 29, 1970 approved the map of Subdivision 3963, Rheem area, and accepted as complete construction of improvements with the exception of certain minor deficiencies; and WHEREAS the subdivider submitted a $1,000 cash bond (Auditor's Permit No. 87067 dated December 18, 1970) guaranteeing completion of said minor deficiencies (some cleanup work) : and WHEREAS the Public '.corks Director has advised that the aforementioned cleanup work has now been completed: NOW, THEREFORE, on -notion. of Supervisor A. M. Dias, seconded by Supervisor E. A. Linscheid, IT IS BY THE BOARD ORDERED that the Public Works Director is AUTHORIZED to refund said $1,000 cash deposit to Burton-Bollinger Properties, 899 Hope Lane, Lafayette, California. The foregoing order was passed by the following vote of the Board: AYES: Supervisors A. M.Dias, J. E. Moriarty, E. A. Linscheid, W. N. Boggess, J. P. Kenny. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc : Public Works (2) Supervisors Auditor affixed this lath day of January 19 71 Subdivider W. T. PAASCH, Clerk By X'J' Deputy Clerk Ruth B. Donovan H 24 8/70 10M IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval of Map ) and Completion of Improvements ; RESOLUTION NO. 70/865 in Subdivision 3963, Rheem Area, Work Order 6753. } WHEREAS a map entitled Tract 3963, property located in the Rheem area, has been presented to this Board for approval, said map having been certified by the proper officials and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in said map, and that the current 1970-1971 tax lien has been paid in full; Subdivision Agreement between Wallace Real Estate Corp, 899 Hope Lane, Lafayette, California 9 +549 and the County of Contra Costa for a one-year maintenance and satisfactory per- formance period from the date of said agreement; Cash deposit of $500 (Auditor' s Receipt No. 87067 dated December 18, 1970) and Performance Bond issued b Argonaut Insurance Company (No. 132817) in the amount of 17,,200 to guarantee performance and maintenance of street improvements as required by the County Ordinance Code; Inspection Fee in the amount of $2,565; and WHEREAS the Public Works Director has notified this Board of the completion of the construction of improvements with the exception of minor deficiencies, for which a $1,000 cash bond has been depos- ited (Auditor' s Receipt No. 87067 dated December 180 1970) to insure completion; NOW, THEREFORE, BE IT RESOLVED that the improvements in said subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement. BE IT FURTHER RESOLVED that said bonds and deposits and the amounts thereof be and the same are hereby APPROVED. BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and Supervisor Thomas John Coll, Chairman of this Board, is AUTHORIZED to execute same. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streetil"'roads, avenues or easements shown thereon as dedicated -to public use. RESOLUTION NO. 70/865 BE IT FURTHER RESOLVED that the $500 cash deposit as surety be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads, be and the same are accepted and declared to be County roads of Contra Costa County: SAN PABLO COURT ( 32/52/0.18) JEAN COURT ( 32/52/0.05) RUSSELL DRIVE (36/56/0.06) DAVID DRIVE (32/52/0.15) ALLEN COURT (32/52/0.04) SANTA CATALINA COURT (32/52/0.03) as shown and dedicated for public use on the map of Subdivision 3963, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 29th day of December, 1970 by the following vote of the Board: AYES: Supervisors A. K. Dias, J. E. Noriarty, E. A. Linscheid, T. J. Coll. NOES: None. ABSENT: Supervisor J. P. Benny. cc: Recorder CERTIFIED COPY Public Works 02) Subdivider I certify that this is a full, true & correct copy at the original document which is on file in my office, and that it was nassed & adopted by the Board of Supenisors of Contra Costa County, California, on the date shov:m. ATTEST: W. T. PAASCH, county clerk&ea-officio clerk of said Board of Supervisors, byy deputy clerk- 9 ones/,_ RESOLUTION N0. 70/865 a PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC AORKS 017ECTO+t ROAD COMMISSIONER-SURVEYOR GTH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 9.7553 R. D. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR December 29, 1970 Subdivision 3963 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3963 in Super- visorial District III in the Rheem area, improvements for which have been substantially completed. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of the one-year maintenance period is December 29, 1971. 2. Performance Bond in the amount of $7,200.00. This Bond, together with a $500.00 cash deposit (Auditor's Receipt No. 87067, dated December 18, 1970, is to guarantee performance and maintenance of street improvements as required by the County Ordinance Code. 3. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property. The map is submitted for filing by Western Title Guaranty Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of-Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAUER Public Works Director B Paul E. Kilkenny Assistant Public Works Dir for Highway Planning PEK:fa cc: Western Title Guaranty Company Planning Department Construction Division A EMMETT HITCHCOCK EDWARD W LEAL. Ja rOUNTY TREASURER•TAX COLLECTOR ASSISTANT TAX COLLECTOR'S OFFICE COUNTY TREASURER TAR COLLCCTOR r.10v1 :28.".00 ALFRED P LOMELI E.T . :3-� CONTRA COSTA COUNTY TA. VAMAZEP FIRST 1hST.LL-[1T O• T..CS FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 OELIhOU[Nf DUE AND PAYABLE ON 7Nf TENTH DAY OF D[C[MS[R ON TMC FIRST DAY OF NOVEMBER �f _ SECOND INS7A LLM CNT OF TA%ES December 18, 19(Lt SECOND INSTALLMENT OF TAXES OELINOUENT DUE AND PAYABLE ON THE TENTH DAY OF APRIL. ON THE FIRST DAY OF FEBRUARY IF THIS TRACT IS NOT FILED BY FEBRUARY 28, 19712 1HIS LETTER IS VOID This will certify that I have a w Ined the sap of the proposed subdivision entitled: "'FrCT ;vi . 3963 and have determined frcesi the official tax records that there are no unpaid county taxes heretofore levied on the property included in the sap. The current 1970.-71 tax-lien has been paid in full. ENN T HITCHCOCK Redemptio fficer By: eputy, dl Bond No. 132817 Premium: $108.00 IMPROVE.,'IE T SECURITY BOND (FaithfuZ. Performance & Maintenance,- AICD Labor & Materials) (CaZif. Bus. & Prof. Code §ZZ6Z2; Contra Costa County Standard Form) Russell J. Bruzzone, Joan E. Bruzzone, Clark E. Wallace, Z. OBLIGATION. Geraldine M. Wallace,. Frank W. Draeger, Ardith Draeger (Principal) and Wallace REal Estate •Corp:; •a corporation • • -as Principal, and ure y ARGONAUT INSURANCE COMP . . a corporation organized and existing under the laws of the State of * California and authorized to transact surety business in California, as Surety, -Here5y jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintei.ance) SEVEN THOUSAND TWO- HUNDRED AND N0/100---=--------==- Dollars ($7,200',00 ) for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials) -------------------------------------------- Dollars ($------=--=:--) for the benefit of persons protected under Cal. Bus. &Prof.Code §11612. 2. RECITALS, The Principal contracted with the County on Decemher 2Q� IQ7n to install and pay for street, drainage, and other improvements in Subdivi- sion No. 3963 , as per snap noir being. filed with the County's Recorder, and to complete said work within ---------------- from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDI"ION. If the Principal faithfully performs all things required of him according to rhe terms and conditions of said contract and improvement plan and improvements agreed on by nim and the County, then this obligation as to Seci;ion 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to thein for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed- to by the Principal and the County shall relieve any. Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby naives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included .in the judgment. SIGNED AND SEALED on 17 December 1970 • SURETY PRINCIPAL WALLACE TEAL ESTATE CORP. , ARGO SURANCE CdMPANY a corporation B _ �ZA. V , ttorney-in-Fact By _ ` # iE f * �t * # • f E. Wallace, President (ACKNOWLEDG1.ENT BY SURETY) usse r Zone n(s) whose name(s) is/are signed above 10" � , be the Attorneys)-in-Fact for this c n ruzzon d before me and acknowledged to me that ration as Surety and his/their own name(s) rank Draeger Ar th Draeger y Public for said County and State ua_� ar Wallace G raldine .,3a ace S ��alifolnia ss: Cautth' Of Sant Francis«, 1r On this 17th day of December , 14 70 , before me personally appeared James A. Vick known to me to be an Attorney-in-Fact of Argonaut Insurance Company, the corporation described in the within instrument, and he acknowledged to me that he executed the within instrument as the act of the said Argonaut Insurance Company in accordance with authority duly conferred upon him by said Company. ■1111/IIIOIIIUIIIIQtlllttt/ttlttt77lttotttlup/gltl� �_ i /�• ��,1 OFFICIAL-1!SEAL —rS�J N07ARY UBLICC — tA JUL! U1 t • <r 1:. NOTARY PUSLIe - CALIr-ORN1A CITY L CODUTY OF SXN FRANCISCO Yr C.:nrlssfan E-0413 Oz'.titr A.1774 X �ttNttttttt/ltttt4ttttt!ltrittitttq it!Nt4tilt4 NtpU7� My Commission Expires FI 0-961 SUBDIVISION AGRE'014ENT �1 Subdivision: 3963 R13 Subdivider: R. J. Bruzzone F I L ED 1 Effective Date: December 291970 §1 Maintenance Period: One Year d1; Deposits : A. (cas7n-) -$500. �fi7e B. (bonds, etc . ) W. T. PAASCH 1. (faithful perf. CLM M ;OF SUpPMISM & maintenance) 7200.00 - UNTY 1. PARTIES & DATE. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above-named Subdivider, mutually promise and agree as follows concerning this subdivision: 2 . DiPROV&47E T i Aitf6f-,I Y. Sue-divider ...arrants that the road and street improvements, tract drainage, street signs, and all other public iinprovements were constructed, installed and completed in this subdivision in a manner equal or superior to the requirements of the County Ordinance Code, especially Division 11 of Title 8 (Sections 81100 and following) . 3. GUAR.INTEE & 11•1-.4IP:TENANC E. Subdivider guarantees that the afore- said subdivision improvements are and will be free from defects and will perform satisfactorily in accordance with County Ordinance Code; and he shall maintain the improvements for one year after the date of this agreement against any defective workmanship or materials or any unsatisfactory performance. 4. I1.11PROtiE24ENT SECURITY: DEPOSIT & BONDS. Upon executing this Agreement, Subdivider-shali deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . B. Bond, etc . : (1. Faithful Performance) aaaitionai security for at least the above-specified amount in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after the date of this agreement against any defective workmanship or materials or any unsatisfactory performance. 5. NO WAIVER BY COUNTY. Inspection of the improvements and/or materials, or approval of improvements and/or materials inspected, or statement by any officer, agent or employee of the County indicat- ing the improvements or any part thereof complies with the require- ments of this agreement, or acceptance of the whole or any part of said improvements 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 contract as prescribed; nor shah the County be thereby estopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 6. INDEMNITY. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The ir_der:-nitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers, agents and employees; B - The liabilities protected against are any liability or claim f r Hama ren of onv L inri allaoarTly Ctlf`f`nrO i eTn�^rr�ri nr +hrn?�Pr.P� because of actions defined below, and including Dersonal injury, death, property damage, inverse condemnation, or any coL'ibi?•?aLioR Of these, and regardless of whether or not such liability, claim or -1- HP-3q (� damage was unforeseeable at any time before the County approved the subdivision map or accepted the improvements as completed, and includ- ing the defense of any suit(s), action(s) or other proceeding(s) concerning these; C - The actions causin liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, went or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has prepared, supplied, or approved any plan(s) or specification(s) in connection with the improvements or subdivision, or has insurance or other indemnification covering any of these matters . 7. COSTS. Subdivider shall pay or have paid when due all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 8. NONPERFORMANCE AND COSTS. If Subdivider fails to maintain the work and improvements during the time specified in this agreement, County may proceed to maintain them by contract or otherwise, and Subdivider shall pay the costs and charges therefor immediately upon demand. If County sues to compel performance of this agreement or recover the cost of maintaining the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. 9. ASSIGNMENT. If before the completion of the maintenance period, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and any deposit or bond securing them. 10. LABOR & MATERIALS, WARRANTY. Subdivider further warrants that the claims and liens of all persons, contractors and subcontractors furnishing labor or materials for the installation of said improve- ments in the subdivision have been satisfied. The Subdivider agrees to satisfy any valid claims or liens of labor and materialmen as to the said improvements and subdivision appearing hereafter upon demand by the Countv. 11. RECORD MAP. In consideration hereof, County shall allow Sub- divider to fi. e and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances. COUNTY OF CONTRA COSTA SUBQXXZDER: (see note below) By iWALLACE REAL ESTATE CORP.,Charman, a o Supervisors a corporation ATTEST: W. T. PAASCH, County Clerk& ex officio Clerk of BY the Board a ace, PresIdent By,�� usse r on Deputy FORN APPROVED: JOHiI y an E. Bruzzakb �n co scl rank . Draeger T By Deputy Ardith DO r L -2" Clark E. Wallace N P-39 tz) &UiLZU G�Wallace -z- (, ) Rg ndaQ - - Rg •Rgaaaq paaTnbaa ��s o� c+n� - spc*en alzg do Plm gaeaquoa sTu2 Io Ra ._ uoTgnoaxa auTzT.zougnv Saogoajlc[ jo n NHOf =QaAONddH WH03 p.zpog auq jo uozgnjosa.z aug (q) so smvl-Rq auq (e) Jo Rdoo paTjTgaao y qo-eggP `uoTgVaodaoo p jI (Z} RgndaQ pine !MoTaq waoj quamccpaTMou:{ov Rg agnoaxd (T) :•zapTATPgnS oq agog psVog aqq (ssauT snq aug jo xaaTO of zl jjo xa 32 -,aalo u-r R4Topdp:) [VTZ)-EJ41 TTC agpu9Tsa(Q) RgunoO `HOS 'Z 114 =1iSs1lly R s.zosTnaadnS jo lecc lu-ewaTvgO Eq dZSOO VKHO0 ,30 IM100 ugTM auTRTdwOo auo Ss uoTSTnTpgns _ Ins PIPS paooaa puE 91TJ og aapTetp uoT gvaapT su0o uI 'dVW (W00dH 'TT _ --- - - .. ______-__ �1 .-_ •Rqunoo auq Sq 1 -1A-Cpgns pug sguaTuanoadwT pTEs aqg la-IT 10 swTETo pTTEn Sup RJsTgps og ------- uaaq anpq uoTSTnTpgns aqg uT squaw .10J sT�Taag�m ao aogeT 'uTgsTu.zn3 3ucsaad TTv jo suaTT pup swTvIO aqg _ __-��.._ .`_ _..- -- --. •RS11�f?323'�'1 SZtf121Sst t 0,2 llogn .01 • •tuagq. SRuT.znaas 3. 4 lapun sg4SIj S,RgunOO aqg RgTo }T o V Og paxauuv ST uoT sT nT pgns aqg Iwoo aqq aaojaq 3I *lNa 1t,'0ISSV '6 r Sq paaanouT uOTgeaTgTT ,Io sasuadxa saa,; , sSauaog4v aTgEuos eaa TTE Red 'UTuTL-4UTVW O _ ,� gsoo aqg .zanooaa ' I Tadwoo oq sans RqunoO jI •pupwap Pup sqsoo aqg R-ed TTEus aapTnTpgnS uagg uTpquTPw og paaoo.zd S-ew RgunoO [g aqg SUT.znp sguawanoadwT puu 31JOM au �u -eui-ew oq sT pap? nS ,TI 'SZSOO CIL �Orddl�2i0,�2iadldO��I 'g •Rga.zaug paaTnbaa satgTTTgn uTgsTxa SuTg-eoOTa� pup ,;oa,zagg sucT.�aadsuT auTpnTouI IXJOM aqg 3o sgsco aug TTL- anp uagM pTud aApq ao Rvd TTvus aapTATpgnS 'SZSOO 'L • saaggGw asagg ,To Sup SuTaanoo u0TlvOTJTumapuT .zaggo ao aouL.znsuT sPq ao `uoTsTnTpgns ao SquamaAoidmT aqg ggTM u0Tgoauu0o WE (s)u0-flpOTJToads ao (s)uvTd Rua panoaddp ao `paTTddns `pa.zpda.zd spu aagTumapul Sup you ao aaggaqm uo quapuadap jo paucTgTpuoo qou sT uotgoas sTuq UT quaMaa.zyp PUP asTwoad auy : SuoTgTpuoO-uosl - Q !waggTo aacm .10 auo ,Io aaRoTdwa .z0 quaQE `aaoT jjo SUV ao l.zoq -Ovaquoogns caogo'eaquoa `aapTnTpgnS aqg og aTgpingT.zgqv pup quaUlaaaSP Slug Sq paaanoo s.zaq,Vw agq ggTM ucTg3auu0o uT (quaSTTaau-ueu ao qua' -TTAau) uoTssTmo ao goa RUQ aaE XgTTTq-PTT -QuTsna suoT7oe avy - O fasagq SuTuaaaueo (s)-Cu-tpaaaoad zaggo ao ( s)UOTgos `(S)gTns Rine JO asua;lap aqq SUT -pnTouT pup `p jgaTdwoo sp. squawanazdmT auq pagdaooa ac d-ew UOI STnTpgns aug panoaddv RqunoO aqq aaoJaq am j up g2 aTgyaasaaojun saM a'37-Lew-ep State of California ss. (Acknowledgment by Corporation, County of Contra Cosa Partnership or Individual) On December 18, 1970 , the person(s) whose name(s) is/are sided above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. a Q c, Barry = OFFICIAL SEAL ,• 'gn = PEGGY F. BARRY NOTARY PUBLIC-CALIFORNIA COUNTY OF CONTRA COSTA MlCOmmlasionWins Febmary1.1973 Notary Public for said County and . State ��Mw�W/�[gptOppNlO:[�M��I�pUtptl�Rptt VJW:pk _t r -3- PP-39 (3) ACTIO? OF THEE BOARD OF DIRECTORS OF WALLACE REAL ESTATE CORP.* A'- CORPORATION, -- COnPORATION, TAKEN WITHOUT A l0-ETIEG The undersigned being all of the Directors of Wallace Real Estate- Corp... a corporation, do hereby unanimously consent to the adoption of the folloc;in- resolution: RESOLVED: That CLARK E. WALLACE , President of this corporation be, and he hereby is, authorized to enter into on behalf of this corporation, a subdivision agreement with 'the County of Contra Costa covering Subdivision 3963 and to execute a performance bend, labor and materials bond and tax bond, in connection therewith, t.gether wi-h such other documents and instruments as may be incident thereto , DATED: December 18, 1970 CERTIFICATE OF SECRETARY I, Edith D. Wallace Secretary of Wallace Real Estate Coro, a cerporaticn, do hereby certify and declare that the foregoing is a full, true and correct copy of a resolution adopted by action taken by unanimous written consent of the board of directors without a meeting, dated December 18,1970 , and that the By-Laws of this corporation authorized the directors to so act; and that said resolution is now in full force and effect. In testimony whereof, I have hereunto set my nand and affixed the corporate seal of said corporation this 18th day of December , 1970 Secretary (Affix corporate seal) IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA August 7 , 1973 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 3986 , Walnut Creek ) Area ) Deposit: $500 ) Auditor's Permit No. 85807 ) Dated October 23, 1970 ) Refund to: ) Kellner & Wacker ) 1293 Candy Court ) Lafayette , California 94549 ) On February 22 , 1972 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period 'have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. The foregoing order was passed by a unanimous vote of the Board. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 7th day of August , 197 3 cc : Public Works (2) W. T. PAASCH, CLERK ) Subdivider BY &4444 , /t U Deputy Clerk Mildred 0. Ballard _A 16�n8 R0RD FEB 28 1972 ED AT REQUEST F AT j�so1L�72 IN THE BOARD OF SUPERVISORS W. T. PAASCH OF Court'.'`! Rzi.ORDER CONTRA COSTA COUNTY, STATE OF CALIFORNIA eeE 1, In the Matter of Completion of improvements and declaring ) certain roads as. -, -County ) RESOLUTION NO. 72/99 roads,`Subdivision 3986, j Walnut Creek Area. WHEREAS the Public Works Director having notified this Board that construction of improvements have been completed in Subdivision 3986, Walnut Creek area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 3986, Walnut Creek area October 27, 1970 (Firesan's Fund Insurance Company - Bond No. 6216168) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor' s Receipt No. 85807 dated October 23, 1970 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roadA, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be _ County roads of Contra Costa County: 1316M. COURT (36/43/0-09) WARRZff ROAD WIMIBa as shown and dedicated for public use on the sap of subdivision 3986 filed October 28, 1970 in Book 133 of Baps at tags 369 Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 22nd day of February , 1972 , by the following vote of the Board: AYES: Supervisors J. P. Kew, A. N. Dias, J. Be Mariarty, We We Boggess, Be A. Linscheid. NOES: None. ABSENT: None. CERTII'IED COPY ea I certify that this is a full, true & correct copy of the orizfnal docu:nc.:t w::i_:: :s o.: file 1.-, ,:.y ofri., and that :t -az lea.-se i .;: u:t�_..e., ..Y Uie :.oard L Saperv;,;oa of Cu ntra Cu„to C u Cs.lror..l ' tae i:atc s;:awi A—, _I: f', SCH, co::nt ii� Q_,UTION NO. 72/99 cterx do ex-officio clerk of said i_;oara of Supervisor. Go: Recorder� by deputy clerk Public Works (2) - Subdivider *END OF DOCUMENT' In the Board of Supervisors r Or Contra Costa County, State of California November 2 197.1— In 97Lin the Matter of Approval of Subdivision Agreement Extension, Subdivision 3956, Walnut Creels Area. On the recommendation of the Public Works Director and. on motion of Supervisor A. N. Dias, secondee? by Supervisor J. E. Moriarty, IT IS BY THE BOARD ORDERED that the Subdivision Agree— ment Extension for Subavision 3936, Walnut Creek area, between the County of Contra Costa and Kellner & Wacker, subdivider, Fire— man's Fund Insurance Company, bondsman, for an additional period to and including 141ovenber 27, 1971, is APPROVED. IT IS BY THE BOARD FURTHER ORDERED that Supervisor James P. Kenny, Chairman, is AUTHORIZEED to execute said subdivision agreement extension on behalf of the County. The foregoing order was passed by the following vote of the Board: AYES: Supervisors A. M. Dias, J. E. Moriarty, W. 14. Boggess, J. P. Kenny. 140ES: None. ABSENT: Supervisor E. A. Linscheid. s.. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of supervisors on the dose aforesaid. cc•• Public Works (2) Witness my hand and the Seal of the Board of Subdivider Supervisors Planning a7ixed this_2n!�„_doy of _loyerroer. I,)71 W. T. PAASCH, Clerk ByAizz i//. vz1' .�. a� , Deputy Clerk i,,ildred 0. -`Oallar d H 24 4n I IOM SUBDIVISION AGREEMENT EXTENSION L E D `Lx--rG' r��e-u-�-�� Contra Costa )l,�„� � i97-� Subdivision Number 3986 ��1. T. PAAS�H CLERK BOARD CF SUPERVISORS CON RA C "A COU TY Name : Island Court ey` c'G' Gr ". veputy (Original) October 27, 1970 Agreement Date Surety Name : FIREMAN'S FUND INSURANCE COMPANY Bond No. : SC 6216168 Amount : $ 16,A00.00 Date : October 't9, 1970 Extension New Termination Date NOVEMBER 77, 1971 This Subdivider and his Surety desire that this subdivision agreement be extended through the above date; and Contra Costa County and the Surety hereby agree thereto and acknowledge same. Dated: 10 -27 - 71 CONTRA COSTA COUNTY Sildivider FIREMAN'S FUND INSURANCE COMPANY By C" ai an, Board o Super sors g � /` Nary EMcln osh Sarety Attorn. -in-Fact ATTEST: 1Y. T. PAASCH, County Clerk and ex officio Clerk of the Board BY Deputy meanrr• kNote: SUBDIVIDER' S AND SURETY'S SIGNATURES TO BE NOTARIZED) HP-16 (Rev. 10-71) r . f f STATE Alamedfa COUNTYOn this_?7__._______.day of____ OCTOBER _�_ in the year 19 71, before me, __.__ P1�y3Its- M:_ Finch--------------------------- _ a NoTmLy runuc in and for said County and State,personally appeared___ ABT;J —I : CP. OSII fl ,. kQfc �YtS known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-fact of the FIREMAN'S FUND INSURANCE COMPANY,and acknowl- edged to me that he subscribed the name of the FIREMAN'S FUND INSURANCE COM- PANY thereto as principal,and his own name as Attorney-in-fact. --F:C£ttat3tf:F'FFY:F3F:F['.Z_F[tt[tTFFTTIiATIII■ IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,at my 0 c'tC1,; SEAL - office, in said PHYLLIS MI. FIPICHUM ty and State, the day and year in this certificate first above written. aiaz t.fitsy JluEnfell3Cd0 i.iU14W79 �Notary ,11� d Rr aV1tVy1 "a�d'Sat. S1'y My commission expires-----------------------—----—_____ 360207 - 5-66 1 IN THE BOARD OF SUPERVI30RS OF CONTRA COSTA COUNTY, STATS OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 3986, Walnut Creek ) RESOLUTION N0, 70/698 Area. ) Z,fFiE=i a map entitled Tract 398_6 , property located in the Walnut Crook area , having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redomption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1969-1970 tax lien • has been paid in full, and the 1970-1971 tax lien, which became a li an on the first day of March, 1970 is estimated to be $12800; Letter from the Public Works Director stating that said snap is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4, Title 8, of the County Ordinance Code; Surety Bonds issued by Fireman's Fund Insurance Company with Kellner=.tacker, a general partnership, as principal, as follows: Bond No. 6216168 in the amount of $15,900 for Faithful Performance, and $16,400 for Labor and Materials to guarantee completion of road and street improvements as required by the County Ordina:.ce Code as amended; Cash deposit (Auditor's Receipt-No. 85807 dated October 23, 1970) in the amount of w500; Tax Bond No. 6216167 in the amount of $1,800 guaranteeing payment of estimated 1970-1971 tax lien; Inspoction Foo in tho amount of $820; and Subd1vision agroomont botuoon Kollnor & Wackor, aonor_ nl partnership, 1293 Candy Court, Lafayette, California, 9 519 subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete road and street improvements, etc., In said subdivision within o_ year frau the date of said agreement; RESOLUTION N0. 70/698 Form #23 d , NOW, THMIEFORE, BE IT RESOLVED that said bond a and doDonits and the amounts thereof be and the same are here y t'RO I D. BE IT F'ItRT1491 RrSOLIMM that said subdivision agreement be and the same is hereby APPROVED and the Chairman -of this Board is authorized to execute said agreement.' BE IT FJRTNrR RESOLVED that said map be and the same is hereby APPROvED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenuoa or eassamta ahown thereon as dedicated to the public. PASSED AND ADOPTED this gZjbday of Oct bores. 19�i by the following vote of the Bourn: AYES: Sup©rrisors J. P. Lamy, A. X. Mass J. E. r oriartys Y. A. Wis"baids T. J. Coll. • NOES: None. ABSENT: Non** ec t ,• Public Works (2) CERTIFIED COPY Subdivider I certifv that this, is a tall, tive F_• correct Qopv of Plauaing the original dur_utnenf �rl�irat `.� r=n file in rly ofEire, . • t: 1:• r tS`:•;i ,,sled liy the rc »(1 of and thsL i. • fir t;f i 'f: • ,Viln 1.•• �::::LrUl'll ii., on LI.o (iafic S110"", � : : V!. clerk(if said Board of �upcirisore, by deputy cicrk. RESOLMON N0. 70/698 Form #23; 70-4.500 r . PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. O. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR October 26, 1970 Subdivision 3986 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3986 in Super- visorial District IV in the Walnut Creek area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one-year time limit for completion is October 27, 1970. 2. Performance Bond in the amount of $15,900.00. This Bond, together with a $500.00 cash deposit (Auditor's Receipt No. 85807 dated October 23, 1970, is to guarantee completion of road and street improvements as re- quired by the County Ordinance Code. 3. Labor and Materials Bond in the amount of $16,400.00. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1970-71 tax, which became a lien on the first Monday of March, 1970 is estimated to be $1,800.00. 5: . Tax Bond in the amount of $14,800.00 guaranteeing payment of estimated 1970-,71 tax. The map is submitted for filing by Transamerica Title Insurance Company un- der the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAUER Public Works it ctor B V. ff. C lzne Assistant Public Works Director VLC;fa Highway Planning cc: Transamerica Title Insurance Co. Planning Department Construction Division STATEMENT OF PARTNERSHIP (Kellner & Wacfier) (General Partnership) The undersigned state: That they have formed a partnership under the name and style KELLNER & WACKER; that said partnership is comprised of RICHARD F. KELLNER and G. MICHAEL WACKER; that said partners are all of the partners interested in said partner- ship, and that they are both general partners. Dated: October 20 , 1970. JRICHARD F. KELLNER G. MICHAEL WACKER { STATE OF CALIFORNIA ) ss COUNTY OF CONTRA COSTA ) RICHARD F. KELLNER and G. MICHAEL WACKER, each for himself, and each being duly sworn says: That I am one of the partners mentioned in the foregoing Statement of Partnership; that I have read said statement and ;snow the contents thereof and the same is true of my own know- ledge, except for matters set forth therein upon my information or belief, and as to such matters that I believe it to be true. -Z- OFFICIAL SEAL ' BONNIE C. JENSEN JNOT!!R't PUBLIC CALIFL+R;d1A NP, OFFICE tit CONTRA COSTA COUNTY f iyCa:nrtission Expires 176.3, 1973 Subscribed and sworn to before me this 20th day of October 1970, RICHARD F. KELLNER NOTARY PUBLIC G. MICHAEL WACKER STATE OF CALIFORNIA ) ss COUNTY OF CONTRA COSTA ) :On October 20,- 1.970, before me, the undersigned, a Notary Public in and for the State and County above-named, personally appeared RICHARD F. KELLNER and G. MICHAEL WACKER, known by me to be the persons whose signatures are subscribed to the fore- going Statement of- Partnership, and each, for himself, acknowledged to me that they executed said statement. rte,, OFFICIAL SEAL i.�(�; .Z ►� i� 1 t`•` .� BOI�II`�!F C. .IERI$EN NOTARY PUBLI . E NOTARY PUBLIC CALIFORNIA PRINCIPAL OFFICE IN j `M CONTRA COSTA COUNTY 13y UnrMssion Expires Feb.3, 1913 —2— EMMETT HITCHCOCV, - EDWARD W 'LEAL. JR COUNTY TREASURCR•TAX COLLECTOR ASSISTANT TAX COLLECTOR'S OFFICE COUNTV TREASURER.TAX COLLECTOR P..ONt- z28• 00 ALFRED P LOMELI `• EXT :1 -.-2'-• x'�: CONTRA COSTA COUNTY T-. 06`.•_E -AGE- FIRST A ER FIRST INSTALLMENT Of TAMES FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 OCLINOUENT DUE AND PAYABLE ON THE TENTH DAY OF DECEMBER ON THE FIRST DAY OF NOVEMBER October 21, 19'10 SECOND INSTALLMCNT OF TAXES SECOND INSTALLMENT OF TARES OELINOUENT DUE AND PAYABLE ON THE TENTH DAY OF APRIL ON THE FIRST DAY OF FEBRUARY IF THIS TRACT IS NOT FASO BY OCTOBER 31, 19 70, THIS UTUR IS V= This will certify that I have examined the map of the proposed subdivision entitled: TRACT No. 3986 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1969-70 tax lien has been paid in full. Our estimate of the 197_071_ tax lien, which became a lien on the first day of March, IZO, is $ 1,800.00 . BMTT HITCHC%K Redmption Of leer By: ---- "PAY) dl ■ SUBDIVISION AGREEMENT (§1) Subdivision: 3986 (B. & P. Code §§IZ61Z-Z2) (§1) Subdivider: A GERRUL PAFAVERSHIP 1 Effective Date : /p (Contra Costa County (§1) Completion Period: One year Standard Form; 8-67) (§4 ) Deposits: A. (cash 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ 15,900.0o 2. (labor,materials) 16,400,00 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct , install and complete road and street improvements, tract drainage, street signs , fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments , and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision leap Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and wi 1 be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429 ; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus . & Profs. Code §116123 deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (t - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus (2 - Labor & Vaterials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost , securin!- payment to the contractor, to his subcontractors , and to persons rentin- eauinment or furnishing labor or materials to them or to the Subdivider. 5. A.7arrant_:. Subdivider warrants th-,t sai inrrove--ent plan is ade- quate to accomnlis:: thf5- '•Torii as me-riser n Section 2 : and if, at any time before t'-,e Ccunty' s re ciution ,'r cc-::_: '`:Icn for the subdivision, the innrover eft elan Droves to be inadequate in any respect , Subdivi- der shall :sake chan5zas neces:-_r-> ;c -.. ..rk as promised. -1- 5 6. No Waiver by County. Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof comolies 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 contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and. indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards , commissions , officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 8. Costs. Subdivider shall pay when due all the costs of the work, including inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. 10. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall nay the costs and charges there- for immediately upon demand. If Counter sues to compel performance of this agreement or recover the cost of completing the improvements , Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accents these improvements , the subdivision is annexed to a city, the County may assign to that city the County 's rights under this a reenent anti/or any deposit or bond securing thea. Z2. Record Mar. In consideration hereof, Fount-- allo ': Subdivider to file and record said subdiv].sion :map , and reco7r.izes this subdivision as one coirply-i-p- ...ith State laws and Count;, ordinances . ■ -2- C IF L EjD € kV. T. PAASCH C!E?"{ "ARD CF SUPERY3SCPS t.,4Uh{TF4A f J" ----- ce UtY. COUNTY OF CONTRA STA SUBDIVIDER: (see }n�opte below)�(T,y�.tl�p By • , P#fi►Aiti[M�R i L Chairman, Soar of Supervisors I$ICHARI) F. MMWR By ATTEST: W. T. PAASCH, County Clerk Designate official capacity in the h ex officio Clerk of the Board business) ByGZe-+� Note to Subdividers (I) Execute Deputy acknowledgment form below; and (2) If a corporation, attach a certified copy of (a) the bylaws FORD APPROVED. .JOHN B. CLAUSEN or (b) the resolution of the Board County Counsel of Directors, euthorixing execution of this contract and of the bonds required Sym hereby. Deputy State of California } ss. (Acknowledgment by Corporation, County of Contra Costa } Partnership or Individual) On October 21, 1974 , the person(s) whose name(s)h4/are signed above for Subdivider and Who is known to me to be the individual and officer or partner as $toted above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. �SuS.'L*,�"1.*dlh.*+dei74.f"r*6'�:,t�•�+.`4.*.�:�.•�4-.*,FL.`Sr'L'o*.1 � .; .* 011 '10AL SE, r. NT"A41 Vtg4 1h; isti:Z)Rfim xa CC.Nt;2A Ci;S�iA CGUwTY NY ,`,u.:1.3973 i.'� L�tbi i:t�i.v'°�'°.y.<<.. ^,•. LJUDITHBULLIS (Subdiu. Agrmt• CCC Std. Farm) Notary Public for said County and State (HP-9: Rev. 9-69: 200) p 4 f me,toe i 0 ,bei° ed a4 •...-•-''"��Mate Pe - "a Counts %, A. r' e ;tln�n te � Rp�a a°- - ,ao �y KU L ,E �shi�that Qec�U ,toe O a .��xv d i O� °��Y �.n�e T��;A�� o the� Cp1.1g4 the to me that S e to Ied to ae�'° �r x kr t as, / tt- - Ali ►. 1 ;`i'' ' ' 140tA L ela S 'fy4e • '00"Vo ,y - BOND NO. 6216168 PREMIUM ON THIS BOND IMPROVEMENT SECURITY BOND 1S ��Z -- (Faithful Performance & Maintenance, AND Labor & Materials) (Calif. Bus. & Prof. Code §Z1612; Contra Costa County Standard Form) Z. , OBLIGATION. (PrislcZpat) KELLNER-tiVACKER A GENERAL PARTNERSHIP as Principal, and (Sure y FIREMAN'S FUND INSURANCE COMPANY a corporation organized and existing under the laws of the State of CALIFORNIA and authorized to transact surety business in California, as Surety, here5y jointly and severally bind ourselves, our heirs , executors , administrators, successors and assigns to the County of Contra Costa, California, to pay it : (A - Faithful Performance, & Maintenance) FIFTEEN THOUSAND NINE HUNDRED AND N0/100 * * * * * Dollars ($ 151900. 00 ) for itself or any City-assignee under the below-cited subdivis3 contract, plus (B - Labor & Materials ) STYTEEN THOUSAND FOUR HUNDRED AND N0/100 * * * * * Dollars ($ 16 400.00 ) for the benefit of persons protected under Cal. Bus . &Prof. Code §1'1612 2. RECITALS. The Principal contracted with the County on OCTOBER 26 . 1970 to install and pay for street, drainage, and other improvements in Subdivi- sion No. 3986 , as per map now being filed with the County's Recorder, and to complete said work within ONE YEAR from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him actor ng to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors , and persons renting equipment or furnishing labor or materials to them for said work and improvement , and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif"'. Civil Code §2819 , and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on OCTOBER 19 1970 PRINCIPAL SURET'' KELLNER-tiVACKER, A GENERAL PARTNERSHIP FIS E FUND INSURANCE COMPANY RICHARD F. KELLN , PARTNER RON NGO, T State of California ) County of ALAMEDA ) sa� (ACKNOWLiEDGMEI,T BY SURETY) On OCTOBER 19, 1970 , the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorney(s)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corp r tion as Surety and Pis/their own name(s) , as its Attorney(s)-in-Fact. ti .T } =c �r i Coun an tate (Imp. Sec. Bond, CCC Std. Vern) ills[+.!�•,ungluHlmunnHHlmlmH/lnnnu (HP-15;Rev. 8-67; 200) OFFICIAL SEAL - ^�^ JACQUELYN DAVENPORT .•Ui kr 1Uat.r(.-CALIFORNIA COUNTY OF ALAMEDA My Commission Expires Aulusx 27,1973 C i STATE OF C a l i f orn i s ,s. COUNTY OF Alameda onthis Igth dayof_ October -- in the year 1970 , before me, _.__-ST_+acque.lyn...DAY-BI1�2.Q_15- -------- ---.------, a NorettY runrtc in and for said County and State,personally appeared Ronald J_ Marengo t known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-fact of the FIREMAN'S FUND INSURANCE COMPANY,and acknowl- edged to me that he subscribed the name of the FIREMAN'S FUND INSURANCE COM- PANY thereto and his own name as Attorney-in-fact. IN WPI'N WHEREO ,I have hereunto set my hand and affixed my official seal,at my li�4��+a+ne�au • OFFICIAL SEAL office, d County an State, the day and pear' certificate first above written. JACQUELYN DAVENPORT 22 NOTARY rUnLIC-CALIFORNIA COUNTY OF ALAMEDA rr COMM es&Bpi=Au0st V.IMI 2�o i7in for"id County State Non y com Ion expires_. 360207 - 5-66 i�, m h STATE OF CALIFORNIA COUNTY OF Contra Costa I SS ON.......October 2Z- ............................ 19 9., before me, the undersigned,a Notary Public in and for said County and State personally appeared RICHARD F. KELLNER and G. `1ICHAEL ,BACKER �^ -------------------------------------------------------- ....... ............................................................. ZI asiNIA ` ........................................................................ 'v, r, l vl A caurvry ;= known to me to be ottb%tkthe partners of the partnership that executed the within �r ..17�:.'_�_�.•`..".;'s`c 11�.:�;a�c�::.'�,S v"•.ter"a°a'a.'_e instrument, and acknowledged to me that such partnership executed the same. Notary's Signature..... +�` ................................................... ....._.......................................... PARTNERSHIP ACKNOWLEDGMENT i FormNo.17 Type or Print Notary's Name.................................................................................................. I i i BOND NO. 6216167. PREMIUM ON THIS BOND TAX BOND ►s --/� KNOW ALL AIEN BY THESE PRESENTS: , That we, KELLNER-WACKER, A GENERAL PARTNERSHIP as principal, and, FIREMAN'S FUND INSURANCE COMPANY a corporation or,g,,anized and existing under the laws of the State of 'CALIFORNIA as surety, are held and firmly bound unto thL, _..� COUNTY OF CONTRA COSTA State of California, in the suai of, ONE THOUSAND EIGHT HUNDRED AND N LjjQ j0 It Dollars ($ 1,g00 00 ), lawful rnor,ey of the United States ofAmerica, for the payment of which sum well and tr--Iy to be nmzicie ¢o said COUNTY OF CONTRA COSTA we and each of us bind ourselves, our heirs, executors, administrators, Iruccessors and assigns, jointly and severally, firmly by these presents. SEALED with our scala and dated this 19TH day of QCIOBFR 1970 The condition of the above obli,gatior. _s such that •.vhereas the above principal is about to file a map enti.;ei. �SUBD_I- MION NO, 39$6 which shall be a subdivision of a tract of land CONTRA COSTA COUNTY .and there are certain liens for taxes and = r la? assessments collected as taxes agairs� the tract of land covered by said' The taxes and special assessments col'`ctcd as taxes are not as yet due or is��7s,ble. Now, therefore. if the said principal saali pay all of the taxes and special .4. �'3srnenta collected as taxes which are alien against said tract of land covered _.r waid k-nap at the time of the filin of said map, then this obligation shall be v .V and of no effect. Otherwise It shall remain in full force and effect. }N IPAL: SU RET-Y: K_ELLNER-WACKER, A GENERAL FIRE ' INSURANCE COMPANY � -- PA ER BY: , RICHARD F. KETANER RONAL MA GO G. MICHAEL WACKER, PARTNER ATTO Y IN ACT ��_r AT E OF CALIFORNIA } es. COUNTY OF ALAMEDA } FTRFM 'N S FUND_ IN$UR,ANCE COMP Y_ i being the Surety named in the foregoing bond, being duly sworn. says: That is a freeholder and resident within said State and is worth more than said sum of ONE THOUSAND EIGHT HUNDRED AND N0/100(1800.Milars, over and above all debts arca liabilities, exclusive of property t:iempt from execution. Subscribed and sworn to before me th, 19T _da y of OCTOBER 1970. c •`'•," usnu+ lnuurinuumuu�it:,:1�7� A Ll 1A iC s ai ounty a State OFFICIAL SEAL JACQUELYN DAVENPORT " i, 71UTARY PUSUC-CALIFORNIA COUNTY of ALAME:DA Yr CammiWan Esptres August 27.1973 .`. :j.tUquUUU1lNW!! got IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA January 25 197 2 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 3989, Danville Area ) } Deposit: $500 ) Auditor's Permit No. 81154 ) Dated April 1, 1970 ) Refund to: ) Dame' Construction Company ) P. 0. Box 146 } San Ramon, California 94583 ) On January 12, 1971 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 2 th day of January , 197 2 W. T. PAASCH, CLERK cc ; Public Works (2) Subdivider Ir . 11 BY Deputy Clerk Helen C. Marshall IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain road_ as _ CoIy�i�ty ) RESOLUTION NO. 71/10 road , Subdivision 39n9, ) Danville Area. ) WHEREAS the Public Works Director having notified this Board that construction of improvements have been completed in Subdivision 3989, Danville area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of �^ establishing a terminal period for filing of liens in case of N action under said Subdivision Agreement: Subdivision Date of Agreement 3989, Danville area March 31 , 1970 (United Pacific Insurance Company - Bond No, B 589524) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 81154 dated April 1, 1970 ) be U RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. .l BE IT FURTHER RESOLVED that the hereinafter described road_, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same is accepted and declared to be _ a County road_ of Contra Costa County: TWIN CREEKS DRIVE (40/60/0.14) on -shown and dedicated for public use on the map of Subdivision 3039 filed April 21, 1970 in Book 130 of Maps at Page 89 Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 12th day of January 197 1 , by the following vote of the Board: AYES: Supervisors A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, J. P. Kenny, CIaIRTIFIM COPY I certify that this is a Pini, true & correct copy of NOES: None, the or.—Lnai decu. �� fi;e in my office. ABSENT: None, s a�rtii o,. �: ci. .:: .:` .. _,::, ._a :� Loard of the Cat- C, on coun ty CC. Recorder o :1'a` ia . L'i.... _ 10:t'upc.visors, Public Works ,c? , Subdivider --- • •-� -'`��•__. on .� /z � RESOLUTION NO. 71/10 . �` " "' IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 3989, San Ramon RESOLUTION NO. 70/227 Area. ) WHEREAS a map entitled Tract 3989 , property located in the San Raaon area , having been presented to this Board for approval, said ma having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1969-1970 tax lien has been paid in full, and the 1970-1971 tax lien, which becmae a lien on the first day of March 1970s is estimmted to be $40200; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 8, of the County Ordinance Code; Surety Bonds issued by United Pacific Insurance Company with Dass' Construction Company as principal, as followss Bond No. B 589524 in the amount of $28,000 for faithful Performance, and 428,500 for Labor and Materials to guarantee completion of public road and street Improve- ments; Cash deposit (Auditor's Receipt No. 81154 dated April 1, 1970) in the amount of $500; Tax Bond No. B-620729 in the amount of $40200 guarantee- ing payment of estimated 1970-1971 tax lien; Inspection Fee in the mount of $1,425; and Subdivision agreement between Dame' Construction Compare , P. 0. Box 146, San Ramon, California 945153 subdivider and the County of Contra Costa, wherein said subdiv- ider agrees to complete road and street improvements, etc. , in said subdivision wihin oa ear from the date of said agreement; IMarc' , 1771) RESOLUTION NO. 70/227 Form #23 NOW s THEREFORE, BE IT RE-SOLVED that said. bond'a and and the amount] thereof be and. the same are hereby APPROVED. BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and. this Board does: not accept or reject on behalf of the public any or the streets$ roads, avenues or eass ants shorn thereon as dedicated to public use. PASSED AND ADOPTED this at day of April , 19- by the following vote of the Board; AYES: Supervisors J. P. Kenny, A. K. Dias, T. J. Qb11. NOES: zone. ABSENT: Supervisors J. E. Moriarty, B. A. Linscheid. cc: Public Works (2) Planning Subdivider CERTIFIED COPY I certify that this is a full, true & correct eopy of the original docarnent which is on file in my office, and that it . as it ?ri h,- the Board of Supervisors of C,,ntra Ccurlty, California, on the date shy„:t:. A i.`;ES"I . W". T, PAASCH, county clerk&.e::-offi,io clerk of said Board of Supervisors, by deputy cleric. J on % 1s !9�� IiESOLUTION N0. 70/227 Form 23 SUBDIVISION AGREEMENT (§1) Subdivision: (§1) Subdivider:�,,,,,,�' C'or�ST•eyGT/o� (B. & P. Code §§ZZ6ZZ-12) Co. _40L, T§_1T Effective Date : (Contra Costa County M) Completion Period: ,::).,_,,= Standard Form; 8-67) (§4 ) Deposits : A. (cash) 500. B. (bonds , etc. ) 1. (faithful perf. & maintenance) $ ,o00-o0 2. (1 abor,materia1s) -z- Z. Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct , install and complete road and street improvements , tract drainage, street signs , fire hydrants , and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with Countv Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement , Subdivider shall, pursuant to Bus . & Profs. Code §11612 , deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . . B. Bonds , etc. : (Z - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500 , in the form of a cash deposit , a certified or cashier' s check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus (2 - Labor & Mater-t:als) another such additional security in at least the above-specified amount , which is the full amount of said estimated cost, securinr, payment to the contractor, to his subcontractors , and to persons rentin.�- eauipment or furnishin, labor or materials to them or to the Subdivider. 5. t'arra=:t Sutdivider warrants thr-t said imcrove~ent plan is ade- quate to accomnlizh thif- -o»k as :ro-i.,er n Section 2 : and if, at any time before t`:e Coi,nt, ' s r=�7,o_utio: J _ ` :. Cn for the subdivision the improver-e!,t Man move-- to be i nad—uate in an.v respect , Subdivi- der ubdivi- der shall mak- chanzeS neces,-ar-i .c the as promised. -1- 6. No Waiver by County. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement , or acceptance of the whole or any part of said work and/or materials , or payments therefor, or any combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards , commissions , officers , agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these : C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters . S. Costs. Subdivider shall pay when due all the costs of the work, incl-u- ng inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements , Subdivider shall pay all reasonable attorneys ' fees, costs of suit , and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements , the subdivision is annexed to a city, the County may assir-n to that city the County' s ri rhts under this a7ree'7ent anl/cr an.v Or bond securing them. Z_`. Record Va- in consideration. hereof, "curt- shall allo..: Subdivider to file and r( cord said subdivision mar , and reco::-nizes this subdivision as one coro2y-i^r :ith State laws and Ccunt- __ sin:,nces . I LED T. PAASCH CLERK COARD CF SUPERVISORS G��ONT A�06 A OUNTV GS'/I. GL.�C.G�:.M.L��S.LO�DutY COUNTY OF CONTRA COSTA SUBDIVIDER: (see note below) gy 'me Ccs�s7�r-vG � CV j-7 G. Chairman, Boar f Supervisors f BY ATTEST., W. T. PAASCH, County Clerk Designate official capacity in the & ex officio Clerk of the Board business) Note to Subdividers (1) Execute Deputy acknowledgment form below; and (2) If a corporation, attach a certified copy of (a) the bylaws FORS! APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board ounty Counsel of Directors, authorizing execution of this contract and of the bonds required By hereby. Deputy a • a • a a a + a s e r a a s • a s a • a • a a a a a a a a a a a a a a a a a a a a a a a a State of California ) ss. (Acknowledgment by Corporation, County of Contra Costa ) Partnership or Individual) On April 8. 1970 the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corooration or Partnership named above executed it. ANITA J. LINDSEY Notary Public for said County and State (Subdiv. Agrmt- CCC Std. Form) iu�aunuurauaunua:n.utunuu„� (HP-9; Rev. 9-69; 200) _ OFFIC8gtalltflfY/N/a IAL SFAL AtlIT A J. LINDSEY _ L.1 Cl,,L 'C;;ICF CAWORHIA CLi3..iY j C"rRA•Cp TA -3- MY Commlision Erpira March 6, 1972 Muwnnrar�uwwyraMwN�n��a�n.i PUBLIC WORKS DEPARTMENT VICTOR SAUER CONTRA COSTA COUNTY F. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMM ISSIONER•SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 P. D. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR April lb, 1970 Subdivision 3989 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision in Super- visorial District III in the San Ramon area. Accompanying this map and pertaining thereto are the following docu- ments: 1. Subdivision Agreement. Expiration date of one year time limit for completion is 3/31/70. 2. A surety Bond in the amount of $28,000 and a 1500 cash deposit (Auditor's Receipt No. 81154 dated 4/1/70), Which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond in the amount of $28,500. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property and that the 1970-71 tax, which became a lien on the first Monday of March, 1970 is estimated to be $4,200• 5. Tax Bond in the amount of $4,200 guaranteeing payment of estimated 1970-71 tax. The map is submitted for filing by the Founders Title Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAUER Public Works Director VLCs rmd By ccs Title Company V. L• Cline Planning Department Assistant Public Works Director Construction Division Highway Planning 1 Band No. B 589524 IMPROVED+TENT SECURITY BOND mum. $428.00 (FaithfuZ Performance & Maintenance, AND Labor & 14aterials) (CaZif. Bus. & Prof. Code §ZZ6Z2;''j7ontra Costa County Standard Form) Z. OBLIGATION. (PrinczpaZ) wx* CONSTRUCTION CO. as Principal, and tcre-y LirI= PACIFIC DL%RANCE a corporation organized and existing under the laws of the State of WASHINGTON and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it : (A - Faithful Performance, & Maintenance) 7AUM EIG r ZOUSAND ASID N01100 Dollars ($ 289000.00 ) for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials) TWF3M EIGHT ZiOUSAND FIVE SWRID AND N0/100 Dollars ($ 289500.00- for 8,500.00 for the benefit of persons protected under Cal. Bus. &Prof.Code §1161 . 2. RECITALS. The Principal contracted with the County on MARCS 31, 1970 to ins—tall and pay for street, drainage, and other improvements in Subdivi- sion No. 3989 , as per map now being filed with the County's Recorder, and to complete said work within me yew from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him accloning to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full. . force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the -Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent- by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds it3elf bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on MARCH 319 1970 PRINCIPAL SURETY DAME' XOW=CTCQ- LINT= PACIFIC IN CE COMPANY By tl) By State of California s s: County of Cmtra Costa (s) On 1jarc1 31 19_2_0before me, the undersigned, a Notary Public to and or said to me to County, personperson lly appeared E He xme er• .- whose name is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that—he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h own name as Attorney-in-Fact. t OFFICIAL SEAL ANN KRUEGER ART ruel.IC CAU`ORWA MINCIrAL Q.FICL IN ` CONTRA COSTA COUNTY tj1y Commission EJlpit,Ss%W y 2D, 1973 cz� My Commission Notary Public in and for soldCou B-2004 California - Jurat (Attorney-in.Fact Acknowledgment) Rev. 1.65 F ( • (CorprpTO orr ation) STATE OF CALIFORNIA Contra Costa SS. COUNTY OF ) On April 9, 1970 before me,the undersigned.a Notary Public in and for said State, personally appeared Carl D. Dame' w known to me to be IIIc President, and Ir w known to me to he Secretary of the corporation that executed the within Instrument. W1 known to me to be the persons who executed the within dInstrument on behalf of the corporation therein named, and acknowledged to me that such cort-wration executed the within instrument pursuant to its by-haws or a resolution of it., board of director.. WITNESS my n and official seal. ,::Y" DIANNE L. COOLEY 140IAR e PUBLIC•CALIFQRt11A Pr.^ !;ce In C,,:!ra Cas-'a County Signator' / b;}G-7*:a,;;icr.Ex^i)cs PJ'v 6.:473 Dianne L. Cooley Name (Typed or Printed) (This area for ofeial notarial scan e BOND AGAINST TAXES Bored No. B-620729 Premium: $42.00 1-==., r;Z T.-MSE PRESENTS: TrT DAIS' CONSTRUCTION CO.; INC. , as principal and' (Sur-ty) LN= PACIFIC INSURANCE COMPANY a corporation o_?;arized and existing under the lati'rs of the State of WASHIUMN andA authorized to transact surety business in California as surety are =old and firmly bound unto the County of Contra Costa, State of Ca!i_fonnia, in the penal sun or FOUR THOUSAND TWO HJNpRID AND NO/100--------- Dollars o 49200.00 ) to be paid to the said County of Contra Costa, for the paynent of which will and truly to be made, re and each of us bind ourselves, our heirs, executors, adminis- t=ata=s arc successors, jointly and severally, firmly by these presents. Sealed with our seals and dated this 8th day of A�ri1 19 70 . The condition- of the above obligation is such that jJI�REAS.9 the above bounded, principal is about to file a rap entitled TkWt 3989 and cove-ins a sub._L -ion of a tract of land in said County of Contra Costa, and t::ere are certain liens for tares and special assessments collect-a& as �a__es, a. 7,ainst the said Tract of land covered by said' map, .. ic'_-_ taxes ar.�: sp: cial assessments collected as taxes, are not as yet e'ua or payabl-e. ii the said Principal shall cay all a-f t:^e taxes an:: specM assessments coll.ec a as to<.es which a ?e 3 lien against sail tract of land covered by said map, at the time of the Pilin;, o,. said nap of saia Tract, then this ` obl-Sa tion shall be voi:i ar�d of no effect. Otherwise it shall re- mair. in full force an"-' effect. T DAME' CONSTRUCTION Meg INCe Principal - --"— By: UNITED PACIFIC INSUP,ANCE COMPANY Surety c_.nowl e:gement (_y surety) C_ By A Geof*F If.fflftelklr, ttorney in fact ate of California s s: runty of C.mtra Costa n ;+:U S 1970 before me, the undersigned, a Notary Public in and for said County, personally speared ge a eger known to me to be the person 4hose name is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and cknowledged to me that-he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h is wn name as Attorney-in-Fact. OFFICIAL SEAL ANN KRUEGER f �? NOTARY PUBLIC CAL!FOR J a PRINCIPAL CONTRA COSTA COUNTY ; 14y Commission Expires May 20, 1973 e Commission Q&_ -..--..-- J Notary Public in and for said aunty 2004 California - Jurat (Attomey-in-Fact Acknowledgment) Rev, 1-65 EMMETT EDWARD W LEAL. JR MMETT HITCHCOCKNITCHCOCK _ ASSISTANT. COUNTY TREASURER.YAX COLLECTOR TAX COLLECTOR'S OFFICE COUNTY TREASURER.TAX COLLECTOR Pw ONi ^ 228 O ALFRED P LOMELI EPT =�•'• •23_•,. 2367 CONTRA COSTA COUNTY TAP OF•ILE MANAGER rIPST INS'ALLUCKT OF TAPES FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 DEL—OWE"T DUE AND PAYABLE ON TH[ TENTH CAr OF DECEMBER ON THE FIRST DAY OF NOVEMBER March 30' 970 '�-- SECOND INSTALLMENT OF TAXES SECOND INSTALLMENT OF TAXES DELIPICUENT DUE AND PAYABLE ON THE TENTH DAY OF APRIL ON THE FIRST DAY OF FEBRUARY IF THIS TRACT IS NOT FILED BY OCTOBER 31, 19 74 7NIS LET= D V= This will certify that I have examined the W of the proposed subdivision entitled: QCT NO. 3989 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1969670� tax lien has been paid in full. Our estimate of the 197= tax lien, which became a lien on the first day of March, 1970, is j 4,200.00 , EMTT HITCHCOCK Redesiption Officer By:. Deputy dl AFFIDAVIT OF CONSENT AND SUBORDINATION THE CALIFORNIA-SANSOME CORPORATION, a California Corporation, Trustee under the Deed of Trust made by Carl D. Dame', a single man, and Dame' Construction Company, Inc. , dated March 6, 1970 and recorded March 19, 1970 in Book 6088 of Official Records, Contra Costa County, at page 349, does hereby consent to the preparation and recordation of map of Tract 3989 and joins in all offers of dedication thereon. ALSO, said Trustee does hereby subordinate and subject all the right, title, interest, estate and lien they now have in and to the real property described in said Deed of Trust above mentioned to that certain Declaration of Restrictions dated and recorded , under Recorder's Series No. , Contra Costa County Records, to the same extent and with like force and affect as if and as though said Declaration of Restrictions had been made, executed and recorded prior to the execution and recordation of said Deed of Trust above mentioned. THE CAL FF "I� ANS71, PORATION BY: �G// L�Gi STATE OF CALIFORNIA ( ss. COUNTY OF CONTRA COSTA( On this 3rd day of Anr ii , 1970 before me, gl,llq LIN DSEY , a Notary Public in and for said County and State, residing herein, duly commissioned and sworn personally appeared c, W. r,oue1 1 and S. W. Peters , known to me to oe the Vice-President and Assistant Vice-President , of California Sansome Corporation that executed the within instrument, and known to me to be the person who executed it on behalf of the Corporation and-named 'herein and he acknowledged to me that said roration eeuted `. e same. otary ublie �in and for the C nun ty of Contra Costa, State of California. C]Iitit3ilt::iSit:233S.IC:.3:]{:332:33{S::St...StSSi:::it:n OF FICIAL AL Alf Cor-m4sion Expires:fxch 6, 1972 zutunic:nusutittuuusss::au::::uttuasiusus_ i +1INUTES OF A SPECIAL MEETING OF BOARD OF DIRECTORS OF DAME' CONSTRUCTION CO. , INC. , Held: January 5, 1970 A special meeting of the Board of Directors of Dame' Construction Co. , inc. , was held at 2070 San Ramon Valley Boulevard, San Ramon, California on January 5, 1970, at the hour of 10:00 A. M. for the purpose of authorizing improve- ment bond and subdivision agreement. Messrs. Carl D. Dame' , President, presided over the meeting and M. C. McDonald acted as Recording Secretary. Messrs. Carl D. Dame' , M. C. McDonald and Irving Loube' being all the member of the Board, were present. Waiver of Notice of the meeting, signed by the afore- said Directors was ordered to be filed with the minutes of the meeting. The President made an oral report concerning the activit- ies of the Corporation since the previous meeting of the Board; and upon motion duly made, seconded and unanimously carried the following resolution was adopted. RESOLVED, that all of the acts of the officers in the general conduct of the business of the Corporation since the previous meeting of the Board of Directors be, and they hereby are, approved, ratified and adopted. The President next informed the Board that it would be to the best interest of the Corporation to execute an improve- ment bond with the County of Contra Costa concerning Subdivision 3989, San Ramon, California; and further, to enter into a Subdivision Agreement with the County of Contra Costa concerning the said subdivision. The President presented a form of subdivision agreement for the review of the Board members. After discussion, and upon motion duly made, seconded and unanimously carried, the following resolutions were adopted: WHEREAS, it would be to the best interest of this Corporation to enter into a Subdivision Agreement with the County of Contra Costa, State of California concerning that parcel of real property, commonly known as 3989, as per map now being filed with the County Recorder, and in form presented to this Board, NOW, THEREFORE, BE IT RESOLVED, that the President, Vice President or Secretary of this Corporation be, and they hereby are, and each hereby is, authorized and directed to execute that certain Subdivision Bond, described as follows: Improvement Security Bond; and be it further, RESOLVED, that any officer of this Corporation be, and hereby is authorized and directed to negotiate and execute an Improvement Agreement concerning Subdi- vision 3989, in the form presented to this Board and attached hereto as Exhibit "A" and made a part hereof; and be it further, RESOLVED, that the officers of this Corporation, be, and they hereby are, authorized and directed to execute^. all documents, instruments and take such action as they deem reasonably necessary or advisable to carry out and perform the purposes of the foregoing resolu- tions. -2- There being no further business to come before the meet- ing, and upon motion duly fade, seconded and unanimously carried, the meeting was adjourned. Carl D. Dame' , President ATTEST: t iV C_�� J) M. C. McDonald, Recbrding Secretary -3- IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA June 13 197 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 3999, West Pittsburg ) Area ) Deposit: $500 ) Auditor's Permit No. 84027 ) Dated Julg 30, 1970 ) Refund to: ) Earl W. Smith Developers, Ltd. ) 11000 San Pablo Avenue ) El Cerrito, California 94531 ) On April 27, 1971 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 13th day of June , 197 2 cc : Public Works (2) W. T. PAASCH, CLERK Subdivider ( >1 BY _1',�nncc�\ �GLce,- , Deputy Clerk Deanna Petrie r _��•-63S4 -,: _100 1$ 19n. 06696 _ RECORDED AT REQUEST OF ATO'G`LQCK47 M. �CDWRA C=A C811h y 9.E.,it W. T. PAASCH COUNTY RECORDER FEE V IN THE BOARD OF SUPERVISORS ` OF C OTTRA COSTA COUNTY, STATE OF CALIFORNIA — � � _75 In the 'Matter of Declaring ) ';awo of Street to be ) ICINGS COURT rather than ) IMI;:GIS COURT, Subdivision ) RESOLUTION NUMBER 71/315 3999, West Pittsburg Area. ) WHEREAS the Board on April 27, 1971 adopte}, Resolution ?70 . 71/278 accepting KING'S COURT (a street it Subdivil's` dri 3999, 1 ,_est Pittsburg area) as a County road; and CJ L%TEREAS the Public Works Diractor has advised that although KING'S COURT is shown on the final map of the Subdivision filed August 11, 1970 in Book 132 of Maps at Page 22, Official Records of Contra Costa County, the street sign shows the name as KINGS COURT (omitting the apostrophe) ; and ?• '"'ER:AS the Public Works Director recommends that the Board declare the name of the street to be KINGS COURT rather than KING'S COURT in order to avoid future confusion and unneces- sary expense; NOW, THEREFORE, BE IT BY TIE BOARD RESOLTED that the recommendation of the Public Works Director is APPROVED and the name of said street is declared to be KINGS COURT; BE IT BY THE BOARD IFURThER RESOLVED that the Public Works Director is authorized to refund to Gallagher & Burk, P. 0. Box 1520, Walnut Creek, California the $50 cash bond deposited as surety for the installation of aforesaid sign, as evidenced by Auditor's Deposit Permit Number 89471, dated April 14, 1971. PASSED AND ADOPTED on May 119 1971 by the following vote: AYES: Supervisors A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, J. P. Kenny. NOES: None, ABSENT: None. cc: Recorder ,� � ►f��t . CEi3�MIED COPY Public Works (2) I certif� } ` correct copy of Subdivider b t.iat this is a f:11, rue,. F_- the origiaal and tilt :[ ti; -, ":'i o: file• L•I my office L'oard of County { b _ _ _....._. . on w. PAASCH CLERK DA .D OF SUPERVISCRS T A COSTA CO. � Cy -.r -...._..... Deputy RESOLUTION IT OER 71/315 ' END OF VOCUMENT-4 0 BEFORE THE BOARD OF DIRECTORS OF CONTRA COSTA COUNTY SANITATION DISTRICT NO. 7-A In the Matter of Accepting ) Sewers and Appurtenances, ) Subdivision 3999, ) May 11, 1971 West Pittsburg Area. ) On motion of Director Edmund A. Linscheid, seconded by Director James P. 'Kenny, IT IS BY THE BOARD ORDERED that the main sanitary sewers and appurtenances thereto, installed to serve Subdivision 3999, West Pittsburg area, are accepted for maintenance, said sanitary sewers having been satisfactorily completed. The foregoing order was passed by the following vote: AYES: Directors Edmund A. Linscheid, James P. Kenny. NOES: None, ABSENT: Director Marcelino Vasquez: I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Directors of Contra Costa County Sanitation District No. 7-A on the date aforesaid. ATTEST: W. T. PAASCH, County Clerk and ex officio Clerk of said Board of Directors. By Ruth onovan Deputy Clerk cc: Public Works (2) Sewage, Waste & Water Administrator z . Auditor IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion of ) Improvements and Declaring ) Certain Roads as County Roads, ) RESOLUTION NO. 71/278 Subdivision 3999, West Pittsburg . ) Area. ) WHEREAS the Public Works Director having notified this Board that, with the exception of minor deficiencies (for which a $50 cash bond has been deposited to insure completion) , construc- tion of improvements have been completed in Subdivision 3999, West Pittsburg area, as provided in the agreement heretofore \ executed by this Board in conjunction with the filing of the subdivision map; NOW9 THEMEEFORE9 BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 3999, West Pittsburg area August 11, 1970 (Transamerica Insurance Company - Bond No. 5260-21-22) BE IT FURTHER RESOLVED that the $500 cash bond surety (Auditor's Permit No, 81 027 dated July 30, 1970) is RETAINED for one year pursuant-to the requirements of Section 8429(h) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be County roads of Contra Costa County: KING'S COURT . . . . . ... . . . . (32/ 2/0.06) RIVERSIDE DRIVE . . . . .. . .. (400/0.05) SAN BERNARDINO COURT . . .. (32/52/0.11) as shown and dedicated for public use on the map of Subdivision 3999 filed August 11, 1970 in Book 132 of laps at Page 22, Official Records of Contra Costa County, State of California. RESOLUTION NO. 71/278 l • i PASSED AND ADOPTED this 27th day of April, 1971 by the Following vote of the Board: AYES: Supervisors A. M. Dias, J. 'E. Moriarty, w. N. Boggess, E. A. Linscheid, J. P. Kenny. NOES: None. ABSENT: None. CERTIFIED COPY I certify that Lhis i; a full, t:c:e & correct copy of the orizns! d rsut:i :t rC2:#^.z i;o;-i fire in my office, anfl t.'rat I r:a, :;,,tc,i M1 'Uic Board of s.g)crvf:vr.: L., C u_:4.y. C�--!ifcr.Ja, on urs 4&tta .._ .. ,.. .. .j i.Ascu, county c:....&e:.-. .,= ----.. .i L:var;l of supervisors, by d^quty .ii.. cc: Recorder Public Works (2) Subdivider RESOLUTION NO. 71,/278 } IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 3999, west Pittsburg RESOLUTION N0. 70/499 Area. ) WHEREAS aentitled Tract 3999 , pro erty located in the Wost Pittsburgaving been presented to this ard for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the mat and that the current 1969-1970 tax lien bas been paid in full, and the 1970-1971 tax lien, which became a lien on the first day of March, 1970 is estimated to be $3,900; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 8, of the County Ordinance Code; Surety Bonds issued by Transamerica Insurance Company with Earl W. Smith Developers, Ltd. as principal, as follower Bond No. 5260-21-22 in the amount of $299600 for Faith- ful Performance, and $30,100 for Labor and Material% to guarantee completion of public road and street Improve- ments; Cash deposit (Auditor's Permit No. 84027 dated July 30, 1970) in the amount of $500; Tax Bond No. 5260-21-23 in the aoount of $3,900 guaran- teeing pag t of estimated 1970-1971 tax lien; Inspection Fee in the mount of $19505; and gubd'v' io a mem t bet en Earl W. Smith Developers, Ltd., 11000 San a��0 enue, � Csr VX UW, , subdivider+and the County of Contra Costa, wherein said subdiv- ider agrees to complete road and street improvements, etc. , in said subdivision within°no year from the date of said agreement; RESOLUTION N0. 70/499 Form #23 NOW, THEREFORE, BE IT RESOLVED that said bonds and deposits and the amounts thereof be and the same are hereby APPROVED. BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chariman of this Board is AUTHORIZED to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements shown thereon as dedicated to public use. BE IT FURTHER RESOLVED that the Public Works Director is AUTHORIZED to refund the $750 cash deposit (Auditor's Permit No. 82623 dated June 3, 1970) to Earl W. Smith Developers, Ltd., which deposit was made to guarantee construction of a standard barricade and 8100 . concrete spillway in the event that the subdivision was not bonded for construction. PASSED AND ADOPTED this 11th day of August, 1970 by the following vote of the Board: AYES: Supervisors Jo P. Kenny, A. M. Dias, J. E. Moriarty, E. A. Linsebeid, T. J. Coll. NOES: None. ABSENTS None. I cute:;• ulna tLi^ to lull, tete & correct copy of cc: Public Works (2) 0-1 file ill lily office, Planning and t';-,-.L t .: :: i c�; I o end of Subdivider supra:.v:.; nt., C, ...- C-Al.":,•. Cr:Iilornia. on the date ;,aur.*=t. i 2'i'i.ST: '�:. ' 1.�:��Clt, co u►ty clerk£c ex-offiLio cleric of said hoard of supervisors, by deputy cleric. �,.� �•,)JLC an � RESOLUTION N0. 70/499 1 X SUBDIVISION AGREEMENT M) Subdivision: 3999 (B. & P. Code §§1161Z-12) (§I) Subdivider: Earl W. Smith Developers, 1 Effective Date : 4Q (Contra Costa County (§1) Completion Period: Standard Form; 8-67) (§4) Deposits : A. (cash) 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ 29-.600.00 2. (labor,materials)$ 90,100.00 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: I 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs , fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department . Subdivider shall complete this work and improvements- (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement , Subdivider shall, pursuant to Bus. & Profs. Code §116129 deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . . B. Bonds , etc. : (t - FaithfuZ Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety: bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory Derformance ; plus (2 - Labor & Materiats) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors , and to oersons renting eauioment or furnishing labor or materials to them or to the Subdivider. 5. Warrantzj. Subdivider warrants that said imo rovement Dlan is ade- quate to accomplish t'i s -.!ork as pro!ised in Section 2 ; and if, at any time before tie County' s resoiution of ccm:71:yt_on for the subdivision, the improver^ent Dlan groves to be inadequate in any respect , Subdivi- der shall make chanTes necessar.-: tc acco--mlish the work as promised. -1- 6. No Waiver bre Count. Inspection of the work and/or materials, or approva1 of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof comolies 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 contract as prescribed; nor shall the County be thereby estopped from-bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards, commissions , officers, agents and employees ;, B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters . 8. Costs. Subdivider shall pay when due all the costs of the work, including inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. 10. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. - ZZ. Assignment. If before County accepts these improvements, the subdivision is annexed to a city, the County may assign to that city the County's rights under this a;reement and/or any deposit or bond securing them. Z2. Record :far. In consideration hereof, Counts shall allow Subdivider to file and rccord said subdivision map , and recognizes this subdivision as one complying with State laws and County ordinances . •-2- F' 1 LED , /f7U UV. . PAASCH CLERK BOARD OF SUPERVISORS er��ONTRA UNTV rr COUNTY OF CONTRA COSTA SUBD_IVIDERs (see note below) EARL W. SMITH DEVELOPERS, LTD. , a By 41, artnershi Chairman, 80 of Supervisors By: E W. Smith De elopment Organization, a cow o tion General Partner- By n ATTEST: W. T. AASCH, County Clerk Designate official capajOlty in the h ex officio Clerk of the Board business) ByNote to Subdivider: (1) Execute Deputy acknowledgment form below; and (2) If a corporation, attach a certified copy of (a) the bylaws FORM APPROVED: JOHN B. CLAUSEN 01 or (b) the resolution of the Board County Counsel of Directors, authorizing execution of this contract and of the bonds required By hereby. Deputy State of California ) ss. (Acknowledgment by Corporation, County of Contra Costa ) Partnership or Individual) On June 15, 1970 , the person(s) whose name(s) is/are signed above for Subdivider and Who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. wmnnnnuunurmrrrn°r,rrrrrnnnuuuornrrw OFFICIAL'(:.'A[. _ MARCIA J. BEALS --- �� NOTARY P-0ii LIC.CALIFORNIA C COUNTY Oc CONTRA COSTA Y� My Cemmission Esplres Seplsm�.r 20,1972 %uonuaunnrurrurrrurrrurr,mnnunnuruue Marcia J. Beals Notary Public for said County and State (Suboiv. Agrmt• CCC Std. Form) (HP-9; Rev. 9.69; 200) PUBLIC:-•WORWS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCM TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR August 10, 1970 Subdivision 3999 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 3999 in Supervisorial District V in the 'nest Pittsburg area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is June 15, 1971. 2. A Suretv Bond in the amount of $29,600. and a $500 cash deposit (Auditor's Permit Number 84027 dated 7/30/70) which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond in the amount of $30,100. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1970 tax, which became a lien on the first Monday of March, is estimated to be $3,900. 5. Tax Bond in the amount of $3,900 guaranteeing payment of estimated tax. The map is submitted for filing by the Transamerica Insurance Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAUER. Public Works Director By_ .N.., , R 7--.e&- V. L. Cline Assistant Public Works Director Highway Planning VLC:ed cc: Title Company Planning Department Construction Division EMMETT HITCHCOCK • EDWARD W LEAL Jw. COUN?T-TREASORJER•TAX COLLECTOR ASSISf.NT TAX COLLECfOR'S OFFICE COUNTY TREAS.RCR.TA■ CbFiECTO- PA.ONL 226.' o ALFRED P LOMELI E,T :... . 23.... 2367 CONTRA COSTA COUNTY TA. or..LE ..NAGE- FIRST INSTALLMENT Or TAXES FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 DELINQUENT DUE AND PAYABLE Q ON THE TENTH OAr OF DECE.BEw ON THE FIRST DAY OF NOVEMBER April 15, 1970 SECOND INSTALL"E April NT OF TAXES SECOND INSTALLMENT OF TAXES DEL NOUENT DUE AND PAYABLE ON THE TENTH DAY OF APRIL ON THE FIRST DAY OF FEBRUARY IF THIS TRACT IS NOT Fn= B7 OCTOBER 31, 19706 I= LET= I, TD This will certify that I have examined the sap of the proposed subdivision entitled; TRACT NO. 3999 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. the currentig�7 tax lien has been paid in full. Our estimate of the 19_71 tax lien, which became a lien on the first day of March, 12ZO , is S 3,900.00 . EWETT HITCHCOCK Redesption Offi or By: / Dep t dl STATE OF CALIFORNIA COUNTY OF San Francisco On this 15th day of June in the year one thousand nine hundred and seventy before me Lillian G. Horton a Notary Public in and for the said County and State,residing therein, duly commissioned and sworn, personally ap. pen R. W. Maytham, Jr. known to me to be the duly authorized Attorney-in-Fact of the TRANSAMERICA INSURANCE COMPANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me that he subscribed the name of the TRANSAMERICA INSURANCE COMPANY thereto as Surety and his own name as Attorney-in-Fact. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this cer- tificate first above written. /- llLlG. .Y / tai �?:` r Notary Pantie in ud fof=WC unt7 gad lhte \Y iJ} CCr�:;SS;cn�x�.!:,3 L;. [,1_i� , ie ' nd No. 5260-21-23 remium: $39.00 BOM -G-AT * i T "E"' •,ter rr w �' -r t TILAT Earl W. Smith Developers , Ltd. , a partnership as principal an A (Sura Y) Transamerica Insurance Company a Corporation ov;-ar._`Lzed and existinS under the !a"as of the State of California and authorized to transact surety business in California as surety are held and firmly bound unto the County of Contra Costa, State of CaliT"ornia, in the penal sum of Three Thousand Nine Hundred and nn________Dollars (� . 04 0,00___--_-____�, to be paid to the said County of Contra Costa, for the payment of which will and truly to be rade, v.e and each or us bind ourselves, our heirs, executors, adm'nis- trat-ors and successors, Jointly and severally, firmly by these presents. Sealed cath our seals and dated this 15th day of Juice �9 70 The coalitions of the above obliSation is such that j•1-1EEREAS, the .above bounded principal is about to file a cap entitled Subdivision 3999 a, ^ cove-ins a soar ivision of a tract of lana in said County of Contra M�1�. Coaa, and t.:ere are certain liens for t`.a-,:es and special assessnen is collectau a5 tares, against, the said Tract of land covered by sal"' map, ::hick taxes anf special assessments collected as taxes, are not as yet dua or payable. l.t7b+ if the sa 3 principal shall may all of t e taNes and siecial assessments co-l-ected as taxes which Kre a lien asainst said tract o= land coverer by said map, at the time or the filin of, said map of said Tract, then this obli aCion shall be voi:I and of no effect. Otherwise it shall re- Wain in furl force an: eT"fect. Earl W. Smith Developers, Ltd. , a partnership By:Ear,17W. Smith Development Organization, a 96Aoration eral Partner C �f}C—� vire- Transamerica Ins r-nmr1an-V surety Ey: 12L. 4= - R. W. blaythaO, Jr., torney-in-Fact -1ci:now'_edSement (Jy surety) i - • Bond No. 5260-21-22 -' - f• f, Premium: $452.00 TMPROZ .-HEN-T SECTJRITY BOND (Faithful. Performance & Maintenance, AND Labor & 14aterials) (CaZif. Bus. & Prof. Code §ZZ612; Contra Costa County Standard Form) Z. OBLIGATION. (Principal) Earl W. Smith Developers , • oartriership ' 'as _ Principal, Le y and urtTransameri.ca Insurance Company ; LTD. 'a 'j~ . - . ' . a corporation organized and existing under the laws of the State of California and author?zed to transact surety business in California, as Surety, hereby Jointly and severally bind ourselves, our heirs , executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & P2aintei,ance) TWENTY. -NINE THOUSAND SIXHUNDRED AND N0/100------- ----Dollars ($29 ,600.00 ) for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials) THIRTY THOUSAND ONE HUNDRED AND NO/100---------------Dollars ($30',100.-0-0- for $ 0 100.00 for the benefit of persons protected under Cal. Bus.&Prof.Code §11612. 2. RECITALS. The Principal contracted with the County on June 15, 1970 to instafl and pay for street, drainage, and other improvements in Subdivi- sion No. 399q , as per snap now being- filed with the County's Recorder, and to complete said work within one year from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CO3D!`TION. If the Principal faithfully performs all things required of nim accord fig to the terms and conditions of said contract and imarovement plan and improvements agreed on by nim and the Counter, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to thein for said work and improvement , and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included •in the judgment. SIGNED AND SEALED on ;Tune 15, 1470 PRINCIPAL SURETY EARL W. SMITH DEVELOPERS, LTD. , a partnership TRANSA14ERICA 1145 CE &EARY AarD W. SMITH D VELOPi-1ENT ORGANIZATION, -" ByarWation eneral Partner By v$ �-Cevl _ c?* a a a a * a a * * a a * * * * * a * * * State of California ) ss. County of San. Francisco ) _ (ACKNOWLEDOPIENT BY SURETv On June 15, 1970 , the person(s) whose name(s) is/are signed above for Surety and who is knovin to me to be the Attorney(s)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corpor ion as Surety and his/their own name(s) as its 'Attorney(s)-in-Fact. otary Pu ts_rsy 21088 l L1V41q .jA r_d State (Imp. Sec.Bond, CCC Std.Form) �`;'" SAN FRANCt.SCO (HP-ZS;Rev. 8-67; 200) /MY corm:;icn Ecp:ms ay 2.rgra e� r; ACTION OF THE BOARD OF DIRECTORS OF EARL W. SMITH DEVELOPMENT ORGANIZATION, A CORPORATION AND GENERAL PARTNER OF EARL W. SMITH DEVELOPERS, LTD., A PARTNERSHIP TAKEN WITHOUT A MEETING The undersigned being all of the Directors of EARL W. SMITH DEVELOPMENT ORGANI- ZATION, a corporation, do hereby unanimously consent to the adoption of the following resolution: RESOLVED: That William S. Peloyan, Vice President of this corporation, and T. A. Eskelin, Secretary-Treasurer of this corporation, be, and they hereby are, authorized to enter into on behalf of this corporation, a subdivi• sion agreement with the County of Contra Costa covering Subdivision 3999 and to execute a performance bond, labor and materials bond and tax bond in connection therewith, together with such other documents and instruments as may be incident thereto. DATED: July 27, 1970. Earl V. Smith,Director and President William S. Peloyan, Dkfictor and Vice President T. A. Eskelin, Director and Secretary- Treasurer CERTIFICATE OF SECRETARY I, T. A. Eskelin, Secretary-Treasurer of EARL W. SMITH DEVELOPMENT ORGANIZATION, a corporation, do hereby certify and declare that the fore- going is a full, true and correct copy of a resolution adopted by action taken by unanimous written consent of the Board of Directors without a meeting, dated July 27, 1970, and that the By-Laws of this corporation authorized the directors to so act; and that said resolution is now in full force and effect. In testimony whereof, I have hereunto set my hand and affixed the corporate seal of said corporation this 27th day of July, 1970. Secretary (Affix corporate seal) 4 4 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA April 10 1973 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4005, Rheem Area ) } Deposit: $500 ) Auditor's Permit No. 84439 ) Dated August 19, 1970 ) Refund to: ) Di Giorgio Development Corporation ) P. 0. Hoa 67 ) Danville, California 94.526 � On October 5. 1971 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above . The foregoing order was passed by a unanimous vote of the Hoard. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 10th day of April , 197 3 W. T. PAASCH, CLERK cc : Public Works (2) Subdivider �1%�.� 67 By / j1 Deputy Clerk Helen C. Marshall A IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain road sas County ) RESOLUTION N0. 71/648 roads1 _, Subdivision 005, Rheem ) Area. ) ) WHEREAS the Public Works Director having notified this Board that construction of improvements have been completed in Subdivision 4005, Rheem area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 4005, Rheem Area October 6, 1970 (Federal Insurance Company - Bond No. 8013-47-33) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. o dated Auguct 19, 1970 } be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described road, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be County roads of Contra Costa a County: FM'%TIIOOD DRIVE,. . . . . .(50/0.29) BIRRMALE PLACE. . . . . .(48/0.02) DRAEGER DRIVE. . . . . . .(5010.20) DERBY LANE. . .. .. . .. .(44/0.14) }�. as sho4n and dedicated for public use on the map of Subdivision 4005 filed October 7, 1970 in Book 133 of Naps at Page 14, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this -5th day of October , 197 1 , by the following vote of the Board: AYES: Supervisors A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, J. P. Benny. , NOES: None. ABSENT: None. k:en7l"ED CUPt • I.,Iif, Ileac 144;I.1,.11, br. 6t oonlc[cop,of u• nag;.al daee....t.kiA ;I o. /;t, ;, .., ofhe.. •.e "of;f.a1 palMd 4?adopi-d 4 A, H,>a,d of Sups,. liar. of .. (. Co-ha Ca-,, ._o ;forma, a. a. RESOLUTION NO. 71/618 ilf- ., A77:s7, W. r. P,l,.$(.!f cc: Recorder V ..ayma:. .1.,; ;f .amd ?ubli c tJorks e/..k Subdivider f _r IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 4005, Rheem Area. ) RESOLUTION NO. 70/635 ) ) WHEREAS a map entitled Tract 4005 , property located in the Rheem area , having been presented to this Board for approve , sai mhaving been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1969-1970 tax lien has been paid in full, and the 1970-1971 tax lien, which became a lien on the first day of 'larch, 1970, is estimated to be $8,000; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 8, of the County Ordinance Code; Surety Bonds issued by Federal Insurance Company with Di Giorgio Development Corporation as principal, as follows: Bond No. 8043-47-33 in the amount of $1259600 for Faithful Performance, and $1269100 for Labor and Materials to guarantee completion of road and street improvements as required by the County ordinance Code as amended; Cash deposit (Auditor's Receipt No. 84439 dated August 199 1970) in the amount of 5500; Tax Bond No. 8043-47-42 in the amount of $8,000 guaranteeing payment of estimated 1970-1971 tax lien; Inspection Fee in the amount of $69305; and S vis on a eement between_DiGiorgio Development Coreo- ration, �. �. Box 6re Danville. Calfrorn a, subdivider and the County of Contra Costa, wherein said subdiv- ider agrees to complete road and street improvements, etc. , in said subdivision within 1 year from the date of said agreement; RESOLUTION N0. 70/635 Form #23 NOW, THEREFORE, HE IT RESOLVED that said bond.„9 ind deposits and the amount sthereof be and the same are sere y BE IT FORTH�t RF.SOLZTED that said subdivision agreement be . and the same is hereby APPROVED and the . Chairman of this Board is authorized to execute said agreem~ ent. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements shown thereon as dedicated to public use. PASSED AND ADOPTED this 6th day of _ Oetobe,r . , 19.x, by the Following vote of the Boars : AYES: Supervisors J. P. Kenny, A. M. Dias, E. A. Linscheid, T. J. Coll. NOES: None. ABSENT: Supervisor J. E. Moriarty. 4 CEP T IFIFD COPY I certify t'lat Lt:i� is a f.lil, true Pc correct copy of the ori�irs^.1 u::._.. V;-%---;;l l:i On Ili,: in rty office, :t:ltl tit-It :t a.. i .-...._ (Llle !;card of :Ia,Crt._U... t)1, 1.+✓i:'S'. (,::::.i C;J4+4 /lifor.da' Olt Coe uat. .::tsn.n. ATT—OST: %V. T. l'A A::C=I, county .:ler.i S- c::-oft,:to cle:l:of,ail vot,rd of ;upervuors, uy deputy clerk. Lim 1 RESOLUTION NO. 70/635 Form #23; 70-,4-500 cc: Public Works (2) Planning Subdivider F PUBLIC WORKS DEPARTMENT , VICTOR SAUCONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ, CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR October 5, 1970 Subdivision 4005 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 4005 in Supervisorial District III in the Rheem area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one-year time limit for com- pletion is October 6, 1971. 2. A Surety Bond, in the amount of $125,600.00 and a $500.00 cash deposit (Auditor's Receipt No. 84439 dated August 19, 1970) which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond, in the amount of $126,100.00. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1970-71 tax, which became a lien on the first Monday of March, 1970 is estimated to be $8,000.00. 5. Tax Bond, in the amount of $8,000.00, guaranteeing payment of estimated 1970-71 tax. The map is submitted for filing by the Western Title Guaranty Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAUER Public Works Director ByG.n, V. L. Cline, Acting Chief Deputy VLC:fa Public Works Director cc: Western Title Guaranty Co. Planning Department Construction Division CERTIFIED COPY OF RESOLUTION OF THE BOARD OF DIRECTORS OF DI GIORGIO DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATION, ADOPTED AT MEETING HELD AUGUST 4, 1970. The undersigned, JANET B. BRUHN, Assistant Secretary of Di Giorgio Development Corporation, a California corporation, does hereby certify that at a special meeting of the Board of Directors of said corporation duly and regularly held at its office at Danville, California, on August 4, 1970, at which meeting there was at all times present a quorum of members of said Board, the following Resolution was duly adopted: "That the Board agreed to authorize the execution of the following documents with respect to Tract 4005, Rheem, California, respectively: 1. Final subdivision map. 2. Subdivision agreement and all necessary bonds supporting same. 3. Any other bonds necessary to fulfill County requirements for map filing. 4. State of California, Division of Real Estate Subdivision Questionnaire and Application for Public Report. " Said Resolution has not been amended, modified or rescinded and is now in full force and effect and on record in the Minute Book of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said corporation this 4th day of August, 1970. JAN39T B. BRUHN, Assistant Secretary Di Giorgio Development Corporation IF I LED `6 70 V4. T. PRASCH CLERK BOARD CF SUPERVISCRS SUBDIVISION AGREEMENT (§1) Subdivision: 400 4=5241_ 27104STA uN eputy (§I) Subdivider: Di GTOMTrIT (B. & P. Code §§ZUZZ-12) evelo ment Corporation 1 Effective Date : /0-6-70 (Contra Costa County (§1) Completion Period: One Year Standard Form; 8-671 (§4 ) Deposits : A. (cash) $ 00. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ 125,600 2. ( labor,materials)l 126, 100 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "Count" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. 'Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage , street signs, fire hydrants , and all improvements as reauired by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429 ; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security : Deposit & Bonds. Upon executing this Agreement , Subdivider shall, pursuant to Bus. & Profs . Code §11612 , deposit as security with the County : A. Cash: $500 cash: together with . . . . . . . . . . . . . . . . . . . . B. Bonds , etc. : (Z - Faithful Performance) additional security for at least the above-:specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier' s check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus (2 - Labor & Mate r- als) another such additional security in at least the above-specified amount , which is the full amount of said estimated cost , securing payment to the contractor, to his subcontractors , and to oersons „entin-- equipment or furnishing labor or materials to them or to the Subdivider. 5. Warrant Subdivider warrants thpt said improvement elan is ade- Quato to acco��-,ii,� tl-=n ••To"llk as rrc-i:�ei- :.. rection 2 : and ir, at any time before .e the =u^:._vision, the improvement r 122"rrove3l to !-,,-o ;..=^=;ii3 e in an T respect , Subdivi- der shall ma'.!c• ch;... Tei neces:-_r-: .,c the .:irk as oro--:iced. -1- 6. No Waiver by County. Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement , or acceptance of the whole or any part of said work and/or materials , or payments therefor, or any combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards , commissions , officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these: C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters . 6. Costs. Subdivider shall pay when due all the costs of the work, incl 0 g inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed man and to the satisfaction of the County_ Road Commissioner-Surveyor. 10. Nonperformance and Costs. If Subdivider fails to complete the wort: and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall Day the costs and charges there- for immediately upon demand. If Count- sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit , and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accents these improvements , the subdivision is annexed to a city , the County may assip-n to that city the County's rights under this alrree:!ent and/or any d;:-rosit or bond securing them. Z�'. ^neeoron here -u" __1 -to file and record said subdivision man , and reco:rnizes this subdivision as one corply-irr :•.ith State laws and County ordinances . COUNTY OF CONTRA Mr&TA SUBDIVIDER: (see note below) By Di Gi n DeveloDment QQropration Chairman, Board of pervisors ATTEST., W. T. PAASCH, County Clerk Di ate official capacity in the -�'�""�' & ex officio Clerk of the Board business) By &fir,, �- Note to Subdivider: (1) Execute nne M. MeSo y, Deputy acknowledgment form below; and (2) If a corporation, attach a certified copy of (a) the bylaws FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board County CCU sel of Directors, authorizing execution of this contract and of the bonds required By /� hereby. Deputy State of California ) ss. (Acknowledgment by Corporation, County of (ice-,� tea-- ) Partnership or Individual) f 7 y , the person(s) whose name(s) is/are signed above for Su ividerY and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corooration or partnershio named above executed it. Notary public for said County and State (Subaiv. Agrmt. CCC 5td. Form) (HP-9; Rev. 9-69; 2010) �--- ,,�=;� In,,NR a. ERuHn . t NOTARY FUPUC CONTRA COSTA CO..CALIF. uuinwtairwr�j —3- My Commission Expires DeC.4,197.1 W ra FEDERAL INSU .RA.NCE COMPANY CNYCC •80140 U&NASa\ xJ= 90 Join Su"4 Now York 38,N.Y. Amount $--.1.216.1100-0---------------- Bond No.._#8043-:47-33 LABOR AND MATERIAL PAYMENT BOND- CALIFORNIA FORM-- PUBLIC WORK KNOW ALL MEN BY THESE PRESENTS: That we,.. _ PI ra W& -Q DEVELOPMENT CORPORATION One Maritime Plaza, San Francisco, California 94111 , as Principal, and the FEDERAL INSURANCE COMPANY,a Corporation organized and existing under the laws of the State of New Jersey and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto the State of California for the use and benefit of the State Treasurer as ex officio treasurer and custodian of the Unemployment Fund and any and all persons entitled to file claims under applicable sections of the Code of Civil Procedure,State of California,in the sum of__._OM- HUNDRF,D•, 71MNTY SIX ONE ElUbMHED Awn s ($....126..100 An ), lawful money of the United States of America,for the payment whereof well and truly to be made,we hereby bind ourselves, our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. SIGNED,sealed with oar seals and dated this 14th day of August , 19 70. a subdivision The condition of the foregoing obligation is such that,whereas the Principal has entered into a ifi= agreement *mft dated— Qctober 6 -, 19-M-, prjth COUNTY OF C`ONTRA MSTA, STAM OF CALIFORNIA to do and perform the following work,to-wit: Subdivision Improvements in Tract 4005, Rheem (Contra Costa County) , California NOW, THEREFORE, if the Principal, or his or its sub-contractors, fail to pay for any materials, provisions,provender or other supplies or teams,used in,upon,for or about the performance of the work contracted to be done,or for any work or labor thereon of any kind,or for amounts due under the Unem- ployment Insurance Act with respect to such work or labor,the Surety will pay for same not exceeding the penalty hereof,in which event this obligation shall be void;in case suit is brought upon this bond,a reas- onable attorney's fee to be fixed by the Court and to be taxed as costs shall be included in any judgment rendered therein. DI GIORGIO DEVELOPMENT C_QRpQRATIOI,ii Principal Premium included in Performance Lti 'CE COMPANY Bond furnished in conjunction herewith B. Davis, torney-in-fact SF-708 (Rev, 3-61 SU) PRINTED IN U,S.A. ACKNOWLEDGMENT OF ANNEXED INSTRUMENT STATE OF CALIFORNIA ss.: CITY AND COUNTY OF SAN FRANCISCO J On this..14th....day of..._--A491.4 lt.........__....in the year one thousand nine hundred and..........slvAwty-........ before me. ....................................................._.........`T A F -......._...._..............................a Notary Public in and for the City and County of San Francisco, State of California, residing therein, duly commissioned and sworn, personally appeared..........BA-BwS................................................................._...known to me to be the....- of FEDERAL INSURANCE COMPANY,the Corporation that executed the within instrument,and also known to me to be the person........who executed the within instrument on behalf of the Corporation therein named and acknowledged to me that such Corporation executed the same. IN 'WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, in the City and County of San Francisco, the day and year in this certificate first abo a written. 1111;'n; rIt![II141. IMNIL: J- 'a Fr = otary Public n and for the City and County of My Commissionpi .c,. ::L. ; ` :.!: ;-�• _ San Francisco,State of California ��\��% A•�N td l'COtd t.!135tOt. _...':R�� 1�P7 .. 197! s1111111111111111111I11lhili:tit::it:ilti:i::::2I11211fi '• CeeUisd Cep!'e[ r POWER OF AT rORNEY No= aU Ani 6g )heft f krtseab. That the FEDERAL INSURANCE COMPANY,go Jobs streek New Yasin.Now York a Now Jamey Corpoestion,has code itoted'and appointed,and doss hereby constitute and appoint E. A. Stabb Stanley Park P. E. Davis - of Zan Francisco, California. each its true and lawful Attorney in-Fad to execute under such designation in its name and to at its corporate seal to and deliver for and on Its behalf as surety thereon or otherwise,bonds of any of the following classes,to-wit: L Bonds and Udertakings (other than Fiduciary Bonds) sld in any suit,matter or proaedinr in any Court„ or Sbd`wkh any Sherif or Magistrate, for the doting or not doing of anything spociAsd in such Bond or Undertaking,in wbieh fie penalty of the bond or undertaking doss not exceed the sus of Fifty Thousand Dollam.(460A Ao). 2. Surety Bolds to the United States of America or any agency tbuef, ineluding those ragaied or permitted under the laws or rugolataons relating to Customs or Internal Revenue; License and Posit Bolds or other indaenity bonds racer the laws,ordinances or regulations of any State, Cita Town,ViOsp,Board or other body or arga o®,pahtie or prfiate; bonds to Transportation Companies, Lost Instrument'bonds, Lew WIs Oompeasat.= bonds, Miscellaneous Surety bonds and boldo an behdf d Notaries Public, Sbedft Dspsity$hasifs and similar public oicials. 3. Bonds on bebaN of contractors in connection with bids,proposals or contracts to ear whit the Usitsd States of America,any Stats or political subdivision thereof or any person, Am or corporation. JS 21ftM the said FEDERAL INSURANCE COMPANY bas,pursuant to id By-Laws, caned these presents fro be signed by its Vice President and Assistant Secretary and its corporate seal to be budo of od this . Lt &y of Jan1my 19 69. FEDERAL INSURANCE COMPANY Frderia:C.Gardagar�rwidst W� O= `M'JERS�' Wdar LaF`ee Beerwa.�r BTATE OF NEW YORK i ss.. Cessnty d New Yea} It On this lot day of Jaunny 1900,before:me personally came Walter LaForge, to as known and by me known to be Assistant Secretary of the FEDERAL INSURANCE COMPANY, the cor- poration described In and which emecuted the foregoing Power of Attorney and the said Walter LFoep being by sa duy swear,did da and any that be resides in the City of New Yorb,in the Stats of Now Yak; that be is Assistant Secretary of the FEDERAL INSURANCE COMPANY and luiews the corporate seal thared; that the seal asbted to the faeetoing Power of Attorney is such corpoasts seal and was thereto alined by anthody of the B�Laws of said Company and that be sign Power of Attorney as Assistant Secretary af aid Company by liioe authority;that be is ted with Fr C.Gardner and knows bin to be via of saW , gal that the signature of Frederick C.Gardner subscribed to said Power of Attorney is in the genuine han brg d aid Frederick C.Gat+doar and was thereto subscribed by authority of said By laws and in depoant's prwsa. A edcadScanstoWore* + Eho' on isle aisar w ittim ��.�Lcb - :f t%0TAftY s*= xetaryP� «. : * % A(�B�„�G .��= MARY K. BENDICK �1'j y®! NOTARY P N.24 New Yolk ansud"in sled is Now?eek OF M Commission Expires llatch�. •ow+gra daay. -sN new eW 1 QTY AND COUNIM OF NSW..YORK:IS - I,the aderdpasd.Amdstaat Secretary of the FEDERAL INSURANCE COMPANY, do humby aertift that the foliswieg is a tree euaerpt from the By-Laws of the said Company as ,abed by its Board of Directoa an Marsh U.P.M and amended January 2,lmd and that this BY-Law is in full faros and dlseL "ARTICLE ZIZ. Section 8. All bonds,undertakings.contracts,p mmn of attorney,and otbar io uummeats othse _ than as above,for and on behalf of the Compagy which it is aafh dnd by law or its charter to canto,may fact shall be executed in the name and on bebaif of the Company close by the Glisie�san ae tba W0042 airman or the Prsddent or a Yin-pteddsok , with tM Sao* tart' or an Assistant Secretary. under their respective designations, except that any an or more offers or attaraeys-in-fact designated in any resolution of the Board of Directors or the ESI c ve Cosa=tU% os•in any power of attorney executed as provided for in this section, MY exwob any such bond,undertaking,or other obligation as provided ire so&raaslmtioa er ps'rrsr of atleem4." And I farther ea:t that I have compared the foregoing copy of the POWER OF ATTORNEY with the Withal tbWad and the same is a crust and true copy of the wbole of said ongieal power of AthwW wad that said polar of Attorney has not been revoke& Aad I fo rtim certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact WHY mod surety busiasss in each of the States of the united States of America, Puerto Rico, and each of the Prs►im n of Canada with the ezcepdm of Priaoe Edward Island;and in also duly licensed to hecosas sole sm4y on,bomis,mdw, ftkbw4 ek,pau ted or required by the laws of the United States. Given nucha ars band and seal of said Cm mpW at Now Pack N Y, ...... ... ........... V' - - v�l 5 L.rF FEDERAL I N S U• RA- NCE COMPANY CHUNN III SON INC.. MANAG[R r 90 John Street,New York 3e,N.Y. Amount 5---1;Z5-&Q-0-0.0-------_---- Bond NoA80-41-42_-33-.___ PUBLIC CONTRACT BOND -CALIFORNIA FORM KNOW ALL MEN BY THESE PRESENTS: That we,..._..'----------•-----_--.DI GIORGIO_DEVELOPMENT CORPORATION __...----------------___._ ----_.__ _ Oalforn -a._94111 , as Principal, and the FEDERAL INSURANCE COMPANY, a Corporation organized and existing under the laws of the State of New Jersey and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto_.._..-__....C.AUNTY_.DE..-CONTRA_CO-STA.,_.STATE_OF....CALIFORRIA ..... in the sum of._._O.N.E_19WRED TWENTY FIVE ._.TH0.USpkM---S.I%..- =J.MP-_-,A�TD.._-NO/OOT•H$_.........Dollars ($.115_,.600,00 i, lawful money of the United States of America,for the payment whereof, well and truly to be made, we hereby bind ourselves, our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. SIGNED, sealed with our seals, and dated this._------14th-..._..day of............August _..._ __.__., 19.!Q-. The condition of the foregoing obligation is such that, whereas the above bounden Principal has en- a subdivision agreement tered into 19.10L, with said. C mint:-yt.. to do and perform the following work, to-wit: Subdivision Improvements in Tract 4005, Rheem (Contra Costa County) , California NOW,THEREFORE,if the above bounden Principal shall welled truly perform,or cause to be per- formed,each and all of the requirements and obligations of said 421A ogperformed by said Principal, as in saic} ss Plorth, then this bond shall be null and void; otherwise it shall remain in full force and effect. DI GIORGIO DEVELOPMENT CORPORATION Principal Premium: $94.5.00 for initial FEDERAL UR CE COMPANY term of two years. B. E. avis, Att rney-in—f act____..-- •K-706 (1-61.8U) PRINTED IN U.S.A. ACKNOWLEDGMENT OF ANNEXED INSTRUMENT STATE OF CALIFORNIA CITY AND COUNTY OF SAN FRANCISCO)ss.: On this.....14th..day of..........AU.91W;.............in the year one thousand nine hundred and.........BeVenty .......... ............... before me. ...................---............................................a1. A-...FSy.............._.........._...............-,a Notary Public in and for the City and County of San Francisco, State of California, residing therein, duly commissioned and sworn, personally appeared,........-..........L-E-DrAs----------------..................................known to me to be the..-ATTORNEY!F�r��............. of FEDERAL INSURANCE COMPANY, the Corporation that executed the within instrument,and also known to me to be the person........who executed the within instrument on behalf of the Corporation therein named and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, in the City and County of San Francisco, the day and year in this certificate first above wLritten stuu�sautuuutttaa�trluntntlnutrGiuy My Commissio ,• A. F,RY otary ubli in and for the City and County of NOTARY Pi;aLi�-CALTMR7<ttA'� San Franci o, State of California sr ss� ECTY&COUYiY 00SAI9 FRAM Mf c0Ml6Sl0N EXPIRES SEPT. 24, IS71 J s3stttmn�rtiuuttuttttuu:�uuuuuuu+�uti E r- .y CsatliM Cel e[ POWER OF ATTORNEY KuM aU An btg tkM f rrNnhL That the FEDERAL INSURANCE COMPANY,90 Join Streit,New York,New York,a New Jewry Corporation, has constituted and appoint4 and dor hereby constitute and appoint E. A. Stabb Stanley Park B. E. Davis o� ,aa Francisco, California. each its true and lawful Attorney-in-Fact to execute under such designation in its name and to aft its corporate seal to and deliver for and on its behaK as surety there=or otherwise,bonds of any of the following classes,to-wit: 1. Bonds and Undertakings (other than Fiduciary Bonds) tiled in any suit, matter or proceeding in any Court, or AM with any Sheriff or Magistrate, for the doing or not doing of anything specilM la such Bond or Undertaking,in which the penalty of the bond or undertaking dor not exceed the som of Fifty Thousand Dollars (1jb0,tMOO). 2. Surety Bonds to the United States of America or any agency thereof, including time rsgai:+ed or permitted under the laws or regulations relating to Customs or Internal Revenue; License and Permit Bonds or other indemnity bonds miler the laws, ordinances or regulations of any Stete, City, Town. Village. Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds, Lease bonds,Wwivnn"s Compensation bonds, Miscellaneous Surety bonds sad bonds on behalf of Notaries Pabiie, Shesi[b Deputy Sheriffs and similar public officials. 8. Bonds on behalf of contractors in connection with bids, proposals or contracts to or wits the United States of America, any State or political subdivision thereof or any person, firm or corporation. }g M tt!#It jnprrA the said FEDERAL INSURANCE COMPANY has, pursuant to its By-laws, caused these presents to be signed by its Vice President and Assistant Smcr+etary sad its corporate seal to be bamto afined this let day of Jaarary 19 60. FEDERAL INSURANCE COMPANY BY �. �.�{�..icy. � �r�•.+�.r..... Fr.fimrkl<C. YiQP1►ueriirt W� `A'As Malta 1a1 s .i B.w�sh.yr 8TATE OF N=W YORK County of New York On this 1st day of January 190,before me personally came Walter LeForge, to me known and by me known to be Assistant Secretary of the FEDERAL INSURANCE COMPANY, the cor- poration described in and which executed the foregoing Power of Attorney and the said Walter IaForge being by me duty sworn,did depose and say that he resides in the City of New York, in the State of New York; that hm is Assistant Secretary of the FEDERAL INSURANCE COMPANY and knows the corporator seal therewd; that the SW ammed to the foregoing Power of Attorney in such corporate seal and was thereto serail by authority of the g�Laws of said Company and that he signed said Power of Attorney as Assistant Secretary of said Company by H(oe tutbority;that he is aogoa�ated with Frederick C.Gardner and known him to be Vice President of said Comppaannyy, said that the signature of said Frederick C.Gardner subscribed to said Power of Attorney is in the genuine handwrlt• ing of said Frederick C.Gardner and was thereto subscribed by authority of said By-Laws and in deponent's presence. d od mW Sworn to before ass aia�oonn the hats above wrWm �►, BE�y 1T NpTi4Ry?.a, N* w Public r .,• --a CITY AND COUNTY OF NEW YOM ss I,the underskmed, Assistant Secretary of the FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By-laws of the said Company as adopted by its Board of Directors on March U.IM and amended January 2,1964 and that this By-law is in full fora and,deet. "ARTICIA 31L Section 2 All bonds,undertakings,contracts,powers of attaresy.sed other instruments other than as above,for and on behalf of the Company wbich it is authorised by law or its cbwter to execute,may and sball be executed in the name and on bebalf of the Company either by the Cbsn=mn or the Vice-chairman or the President or a Ria-Prvsiisnt, joisW with the Saar- tary or an Assistant Secretary, under their respective designations, except that any one or more ofikem or attorneys-in-fact designated in any resolution of the Board of Directors or the Irbnecutivr Committee, or in any power of attorney executed as provided for is this rection, my execute any such bond,undertaking, or other obligation as provided is mach reselodes ee power of&VbsrzJry." And I further certify that I have compared the foregoing copy of the POWER OF ATTORNEY with the original tiered and the same is a correct and true copy of the whole of said original Poear of At umW and that said Fewer of Attorney has not been revoked. And I farther certify that said FEDERAL INSURANCE COMPANY in duly licensed to transact Mefty sed surety business in each of the States of the United States of America, Puerto Rico, and each of the Provinces of Canada with the exception of Prince Edward Island: and is also duly licenced to become sole smety on bonds,under- takings,etc.,permitted or required by the laws of the United States. Given cep band and seal of said Compaq at New York N.Y..W&......................14th.....................site at ..—.. �...Awguat._.--.......... f. ......................... ..... a 'EMMETT HITCHCOCK EDWARD W LEQt Jot• ASSISTANT• 1 COUNTY TREASURE.R•TiX COLLECTOR TAX COLLECTOR'S OFFICE COUNTY TREASURER-TAX COLLECTOR P'IFINI 228 ' ^O ALFRED o LOMELI a EXT :,-'•' _='•.. =' ' CONTRA COSTA COUNTY TA. 0--E -AN&GER FIRST INSTALLMENT OF TAXES FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 OELINOUENT DUE ANO PAYABLE ON THE TENTH OAT OF DECEM.ER ON THE FIRST DAY OF NOVEMBER EJ»e 30, 1970 SECOND INSTALLMENT Of TAXES SECOND INSTALLMENT OF TAXES DELINQUENT DUE AND PAYABLE ON THE TENTH DAY Of APRIL ON THE FIRST DAY OF FEBRUARY IF THIS TRACT IS NOT FILED BY OCTOBER 31, 19 79 THIS LETTER IS TM This will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 4005 and have determined from the official tax records that there are no unpaid County taxes heretofore levied an the property included in the map. The current1969-70_ tax lien has been paid in full. Our estimate of the 1970-U' _ tax lien, which becaue a lien on the first day of March,1970 , is = 8,000.00 EMTT HITCHCOCK RedemptionOf er By: ll gputy dl ACKNOWLEDGMENT OF ANNEXED INSTRUMENT STATE OF CALIFORNIA CITE' AND COUNTY OF SAN FRANCISCO ) ss.: On this.....15t......day of............SgTli- .....in the year one thousand nine hundred and........See-eiXty-----.._.-•.--- before me. ....._..........__.........................J-...A,t...Fr.Y.._.._..._................................................._.....a Notary Public in and for the City and County of San Francisco, State of California, residing therein, duly commissioned and sworn, personally appeared.......................B...E. .......known to me to be the....:dTTnRNFY.1M.FAf. _........... .... _.. ..._..._. .......I....I....................... of FEDERAL INSURANCE COMPANY. the Corporation that executed the within instrument,and also known to me to be the person........who executed the within instrument on behalf of the Corporation therein named and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, in the City and County of San Francisco, the day and year in this certificate first above written. '1 • _ �t7711711i1177}}IflIIiI}1IIlIIft17l1NI1R7il7f7117f1IIi-,--�� ,� - .................. • -• - ......._ �?�v �_.. _. _...._... J. A. F R 1 � �_ - .P bl---1 - -•-ity a d County of ..... ota u c n d for the City an nt y At e > Q�.t:.t�{i13{�{; ,L;�gc�t' San Francisco,State of My Cor California CITY R 1,01ji'I OF S:' iH4:Ci5Cu^._�_ w j fFit1^�' MY COMMISSION EKPMES SEPT. .'.S, 1971 •fill17111!!1}1171i1117l1l1►tl(}tlit}71717}ll7Nl11IlUIs ' m .. Bond No. 8043-47-42 B0.41D AGAINST T,"iXES Premium: $60.00 KNOW ALL !Ml BY THESE PRESENTS: THAT DiGIORGIO DEVELOPMENT CORPORATIO'ri , as principal dnd (Surety) FEDERAL INSURANCE C MpANy , a corporation organized and existing under the la.,:s of the State of New rercax and authorized to transact surety business' in California as surety are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of EI,S11T THottSartD AND No/100--------------- Dollars ($8,000 .00------ , to be paid to the said County of Contra Costa, for the payment of which well and truly to be made, we and each of us bind ourselves, our heirs, executors, administrators and successors, jcintly and severally, firmly by these presents. Sealed -iritr our seals and dated this 1st day of September 19--70-- The conditions of the above obligation is such that WHEREAS, the above bounded principal is about to file a map entitled �llil(�i Eti Gi C1n �1(ln� T and covering a subdivizion of a t„act of land in said County of Contra Costa., a- d thel-e are cei' a1n liens = r -c,axeS and sDeCial assessments collected as to::.-es, against the said Tract of land covered by said map, i%,hic1: ta::es al: .' specla_ Ca.sJCC : en:.s collected as taxes, a:e not as yet due or payable, NOW, THERE ORE, if the said principal _ shall nay all of the taxes an,-; ,. spec_al assess::ens col!ectea as taxes i:hich ale a lien aga_nst; s.a. i ,Tact ol lan4 co,:ered by said map, at the ti:e of the filing of said map of said Tract, then this obligation sha?? be void and of no effect. Other rise it shall re- main in full force and effect. Di Gj or i Development Coration Principal FE T_ TNSIMANrR COMPANY Sur ty B ACKN0WLEDG=N' B. , s, Atti6rn y-in-fact W SURE.' State of Cali ornis County of County in which ac:r nowie::gemen - On , before me, a Notary Public, in and for saic County and State, personally appeared known to me to be of the corporation that executed the :•rithin ns rument; and also known to me to be the person who executed it on behalf of such corpora tion v^d acs,^o:•r?ed:,ed to ,me that such corpora tion executed the within instrument pur:uant t . o lts bf-lairs or a resolution of its board of directors. name of notary NOTARY PUBLIC 0.8w ef FOWERc O ATTORNEY gum aU emelt 6g ifpa fumatiL That the riwicRAL INSURANCE COMPANY,to Join arrest,Now Yatk,Now Perk,a New JUM Corpastion, bas coustdoted and appointed,and does busby aoastibn4 aced appaiat E. A. Stabb Stanley Park B. E. Darin of Zan Francisco, California... sub its trus and lawid Attorney-in-Fact to execute under suchdeaipna*i— in its name and to amt its corporaW sod to and deliver for and on its bebeli as surety thereon or otherwise,bonds of any of the following classes,to-wit: L Bonds and U (other than Fiduciary Bonds) Sled in any suit,matter or proceeding in any Court, or filed with any Sherif or Magistrate, for the doing or not doing of anything specified in such Bond or Undsstokieg,in whish,the penalty of the bond or undertaking dam not exceed the snss of Fify Tbousaad Dollm(#60AK00). 8. SuVW Bowie to tie United States of America or any agency thereof,including tbose :egsieed or permitted ander the laws or regulation relating to Customs or Internal Revenue; License and PeraiR Bonds or otber indemnity bonds under the laws,ordinances or regulations of any State, City,Town,Village,Board or other body or organisation, pudic or private; bonds to Transportation Companies, Lost Instrument bonds, Lasa Waeiaesnb Compsesation bonds, Miscellaneous Surety bonds and boats on behalf of Notaries Public, Slainft Dapeiv Warifs sad shoilu public ofilcals. S. Bonds on bebalf of cont metol in connection with bids,proposals or contracts to er wits the United Shtss of America,any State or political subdivision thereof or any pennon,Arm or corporation. JS Tait M IMprat the said FEDERAL INSURANCE COMPANY has,pur w l to Its By-Laws, canned tbeee presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be berdo a83wd this Ist dq of Jaanary 19 69. FZDERAL INSURANCE COMPANY By I grNe F 44& e*_ �,r >l�aiseid`C.�+rlrwifitst r EM'JEaS wastsrlre>l. g STATIC OF NZW YORK Conow of New York On" let day of Jasasry 190,before me personally came Walter LsFaW, to as known and by ase known to be Assistant Secretary of the FEDERAL INS CE COMPANY, the mr- pastisn described in and which executed the foregoing Power of Attorney sed the said Walter LaFaep Mb see dray swoery did depose and ssy�64 be resides in the City of New York,in the Soto of New York; that is Assist at Seerehry of the FEDERAL INSURANCE COMPANY and knows the corporate seal tberso[; that the sed anted to tis fetegoing Power of Attorney in such corporate seal and was thereto afilasd by antbeeity of tis Los of said Cesnpatp and that be signed Power of Attorney as Assistant Secrehry of said Compaay by aatbonty;that b•s acquainted with FrC.Gardner and knows bin to be Vice Pnadeat of said aced that the dgaatare of said Frederick C.Gardner subscribed to said Power of Atte any is in the genuine ing of said FreiMskk Q Gardner and was thereto subscribed by authority of said By-Laws and ie depengWs peessees. da4r saiBwrw b lyes ns ea dalloieee+srimss 00.00 ' sE*din i . '��• �OT�� o.. *s xetsryPaiJie * AUBL1G : MARY IL BENDICK AP, � NOTARY PUBLIC, State of New York 4!�l• some�� Quab�24-CnKUUM �F N Cert�ate filed in New York Count, Commission Espiirn Mamb 30,Ilei. .oar Im"ow.,-") a" CITY AND COUNTY OF NEW YORK:es .. 4 tie undid.Assistant Secretary of the FEDERAL INSURANCE COMPANY, do hereby caft that the tdbwhw is a true among tram the By-Laws of the said Company as adopted by its Board of Directors an March 11.I=and amended January$1961 and that this By-Law in in full face and etl!aeL "ARTICLE X L Section 8 All bonds,undertak uqM contracts,powers of attorney,and otter instruments other than as above,for and on behalf of the Company which it in authorised by law or its charter to execute,may and @hall be executed in the name and on behalf of the Company either by the Chshum or the Vin@46airmau or the President or a Vice-President, jointly with the Sever- tory or an Assistant Secretary, under their respective designations, @wept that any one,or, more kers or attornays-in fact deai rated in any resolution of the Board of,Directors or.the. Executive Committ@y at in any power of attorney executed as provided for in this section, may execute any such bond,undertaking,or other obligation ne peovided is weir reaobdiaa or - po'ww of a#onw.,, And I farther certify that I have compared the foregoing copy of the POWER OF ATTORNEY with the original thereof and the same is a correct and true copy of the whole of said original Power of Atterney and that 'skid Fawer of Attorney has not been revoked. And I farther certify that said FEDERAL INSURANCE COMPANY is duly lie@ased to transact Sdeft and surety business in each of the States of the United States of America, Puerto Bien, and each of the Provinces of Canada with the emption of Prince Edward Island;and is also duly licensed to become sole surety an bonds,under- takingsetc.,permitted or required b7 the laws of the United States. Given under cep hand and seal of said C oupony at New York,N.Y,ads............»....... ........dry of ...................»....A. IN TFL BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA April 28, 1975 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4011 , Clayton Area, ) Phase I and Phase II ) Deposit : $1 ,000 ) Auditor 's Deposit Permit ) No. 86113 ) Dated: November 6, 1970 ) Refund to: Rahlves and Rahlves ) 1460 Washington Boulevard ) Concord, California 94520 ) } On November 13, 1973 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director : The Board finds that the improvements have been main- tained (for one year after completion and acceptance ) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to the Subdivision Agreement, the Public Works Director is authorized to refund the deposit as indicated above . The foregoing order was passed by the following vote : AYES : Supervisors J. P. Kenny, A. M. Dias, E. A. Linscheid, W. N. Boggess . NOES: None . ABSENT: Supervisor J. E. Moriarty. CERTIFIED COPY cc : Subdivider I certify that this is a fun. true & correct copy of PUb11C Works Director the original document which Is on file in my office. and that It was passed & adopted by the Board of Supervisors of Contra Costa County, California, on the date shown. ATTEST: J. R. OI.SSON. County Clerk&es-officio Clerk of said Board of Supervisors, Deputy Clerk- On a 975 In the Board of Supervisors of Contra Costa County, State of California April 22 19 75 In the Matter of Transfer of Funds, Subdivision 4011 , Clayton Area. The Public Works Director having reported that on June 12, 1973 Rahlves and Rahlves, (the developer for Subdivision 4011 ) contributed $1 ,400 (Auditors Deposit Permit No. 108762 dated June 13, 1973) in lieu of constructing the required median island paving on Marsh Creek Road east of Mountaire Parkway; and The Public Works Director having further reported that the City of Clayton now requests the County to transfer the $1 ,400 to the City inasmuch as it plans to begin the landscaping work on said island in the near future in conjunction with the development of the adjacent Subdivision 4240; 0n the recommendation of the Public Works Director and on motion of Supervisor J. P. Kenny, seconded by Supervisor A. M. Dias, IT IS BY THE BOARD ORD.-ERED that the Public Yorks Director is AUTHORIZED to transfer the $1 ,400 deposit to the City of Clayton. The foregoing order was passed by the following vote : AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, E. A. Linscheid, W. N.Boggess . NOES: None . ABSENT: None . I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. c c i City of Clayton (via P.W. ) Witness my hand and the Seal of the Board of Public Works Director Supervisors County Auditor-Controller affixed this 22nd day of April 1975 County Administrator Rahlves and Rahlves, Inc. J• R. OLSSON, Clerk /�(p Zj " �, /�E�.�d By_,_�L-fLez& ,� Deputy Clerk H 24 12/74 - 15-M gee�� dr,�s�� Nancy S. Ortega C In the Board of Supervisors of Contra Costa County, State of California November 13 1913 In th Matter of Completion of Improvements, Phase II, Marsh Creek Road at Montaire Parkway, Clayton Area (Subdivision 4011) . The Board on November 17 , 1970 having approved a Road Improvement Agreement with Rahlves 6 Rahlves, Inc. for the con- struction and completion of improvements of the Marsh Creek Road- Mountaire Parkway intersection at Subdivisions 3576 and 4011, Clayton area, which off-tract work was a requirement for the fil- ing of the final map for Subdivision 4011, and which agreement provides for two phases of construction; and The Public Works Director having this day reported that the construction of improvements (Phase II) has been satisfactorily completed; NOW, THEREFORE, on the recommendation of the Public Works Director and on motion of Supervisor E. A. Linscheid, seconded by Supervisor J. P. Kenny, IT IS BY THE BOARD ORDERED that the afore- said work is complete. IT IS FURTHER ORDERED that the $500 cash deposit as surety under the agreement, evidenced by Deposit Permit Detail No. 86113 dated November 6, 1970, is RETAINED for one year in accordance with Section 94-4.406 of the Ordinance Code. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, J. E. Moriarty, E. A. Linscheid, A. M. Dias. NOES : None. ABCrNT: Supervisor W. N. Boggess. 1 hereby certify that the foregoing is a true and corred copy of an order entered on the nimutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Sed of the Board of cc: Subdivider Supervisors Public Works Director affixed this 13th day of November, 1973 Director of Planning W. T. PAASCH, Clerk By i/I�LILI�, �.2L�e J , Deputy Clerk Mildred 0. Ballard ' H2 4 S/73-1SM In the Board of Supervisors of Contra Costa County, State of California g - November 17 19 .70 In the Matter of Approval of Road Improvement Agreement, Marsh Creek Road - Mountaire Parkway Intersection, Subdivision 4011, Clayton Area. WHEREAS the Public Works Director presented Road Improve- ment Agreement between the County of Contra Costa and Rahlves & Rahlves, Inc. for the construction and completion of improvements of the Marsh Creek Road = Mountaire Parkway intersection at Subdi- visions 3576 and 4011, Clayton area, which off-tract work is a requirement for the filing of the Final Map for Subdivision 4011, and which agreement provides for two phases of construction, as more particularly set forth in said agreement; and ii1 MAS said agreement is accompanied by Surety Bonds Nos. B 618707 and B 618709 issued by United Pacific Insurance Company in the anountsof $18,600 (Phase I) and $249300 (Phase II) and a $500 cash deposit (Auditor's Permit No. 86113 dated November 6, 1970) which amounts are required to guarantee completion of road and street Improvements; and Labor and Materials bonds in the amounts of $19,100 (Phase I) and $24,800 (Phase II); NOW, TMERPOREs on motion of Supervisor B. A. Lins chef d, seconded by Supervisor J. P. Kenny, IT I3 BY THE BOARD ORDER that the aforementioned agreement is APPROVED and Supervisor Thomas John Coll, Chairman, is AUTHORIZED to execute same in behalf of the county. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, B. A. Linscheid, T. J. Coll. NOSS: None. . AB38NT: Supervisor J. E. Moriarty. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Public Works (3) Supervisors Planning affixed this 17th day of November , 19 70 W. T. PAASCH, Clerk Deputy Clerk Mildred- Ballard H 24 8no IOM IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain roads as County ) RESOLUTION NO. 71/290 roads_, Subdivision 4011, ) Clayton Area. ) WHEREAS the Public Works Director having notified this Board that construction of improvements have been completed in Subdivision 4011, Clayton area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 4011, Clayton area December 1, 1970 BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 86113 dated November 6, 1970 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roach , having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same accepted and declared to be _ County roads_ of Contra Costa County: MOUNTAIRE CIRCLE . . . . .(40/60/.20) MT. WASHINGTON WAY . . .(36/56/.18) MT. RAINIER COURT . . . .(32/52/•07) MT. SHASTA COURT . . . ..(32/52/d08) MT. SHASTA PLACE . .. ..(32/52/.04) as shown and dedicated for public use on the map of Subdivision 4011 filed December 2, 1970 in Book 134 of Maps at Page 69 Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 4th day of MAY , 197 1 , by the following vote of the BoaBoa— AYES: Supervisors A. K. Dias, J• E. Moriarty, W. N. Boggess, Be A. Linscheid, J. P. Kenny, NOES: None. CE,i??'U1COPY I certif- tP.nt this tree e- cornet COPY at ABSENT: NOne• c:"Z% t .L _ _ . . _ ...�- _O..i.l of cc: Recorder _ ..�..-:a. on Public Works ;.. .o my Subdivider RESOLUTION NO. 71/29*L- i t i 1 i �t f 1 s i 1 i # IN THE BOARD OF SUPEVISORS 1OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA 1 i In the Matter of Approval } of Subdivision Map of ) Tract 40119 Clayton Area. RESOLUTION NO. 70/805 ) WHEREAS a map entitled Tract 4011 , property located in the Cla ton areg having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1970-71 tax lien has been paid in full; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 8, of the County Ordinance Code; Surety Bonds issued by United Pacific Insurance Company with Rahlves do Rahlves, Inc. as principal, as follows: Bond No. B 618708 in the amount of $78,000 for Faithful Performance, and $78,500 for Labor and Materials to guarantee completion of public road and street improvements; Cash deposit (Auditor's Receipt No. 86113 dated November 6, 1970) in the amount of $504; Inspection-Fee in the amount of $4,575; and Subdivision agreement between Rahlves do Rahlves, Inc. subdivider and the County of Contra Costa, w ere n said su v- ider agrees to complete oad and street improvements, etc., in said subdivision withinyea from the date of said agreement; RESOLUTION NO. 70/805 Form #23; 70-4-500 Jt, NOW, THEREFORE, BE IT•RE.-,OLVED that said bond. and onos_ it: and the amount thereof be and the same are hereby APPROVED. BE IT FURTHER RESOLVED th�►t said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby 'APPROVEA And. this Board. does not accept or reject on behalf of the public any of the streets, roads, avenues or easements shorn thereon as dedicated to the public. PASSED AND .ADOPTED this `.2t day of December , 19�, by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, T. J. Coll. NOT.g: Zone, AHPBNT: Supervisors J. Be Moriarty, B. A. Linscheide =RTIFIED COPY hI certify that this L, a full, true & correct te original document ::'hick is on fot n m : �ffo� and t::Zt iL tvas �,aCyYr y office, I & rec',nnr ted ' •he Board of Super/tisst's r; PUBLIC WORKS DEPARTMENT " VICTOR W. SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR November 30, 1970 Subdivision 4011 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 4011 in Supervisorial District V in the Clayton area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one-year time limit for completion is November 5, 1971. 2. A Surety Bond in the amount of $78,000.00 and a $500.00 cash deposit (Auditor's Receipt No. 86113, dated November 6, 1970, which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond, in the amount of $78,500.00. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property. The map is submitted for filing by the Western Title Guaranty Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Previous agreements submitted were for off-tract intersection work. RECEIVED Very truly yours, DEC 1 - 1970 VICTOR W. SAUE Public Works f ire for W. T. PAASCH CLERK BOARD OF,,SUPERVISORS X �eputy By V. L. Cline Assistant Public Works Director VLC:fa Highway Planning cc: Western Title Guaranty Company Planning Department Construction Division 4S = OFFICIAL SEAL STATE OF CALIFORA7.4l PEGGY F. BARRY SS .i 'e 417; NOTARY PUBLIC-CALIFORNiA County of Contra Costa f – J CounsY CF CONTRA COSTA Mm County in which acknowledgement it taken � Yr Ccrn=%Jcn E.pires FNoruart t,1977 On Nov. 5 , 1970 before nte. Peggy F. Barry a VotaryAt; uua�u�Yp►�t�� fy�:nstamo�pNun�In1U% Write or type name of notory 1 County and State,personally appeared Louis G . RahlveS known to me to hr President of the corporation that executed the within instrttntcnt and also knot+r to me to he the person—is-ho executed it on behalf of such corporation and acknowledged to me that such corporation executed rite within instrument pursues o 's by-la»•s or ares of its board of directors. f♦ d' on to.ignaturo type or print name of 900, *If notary is commissioned in another County pd J, strike"said"and name County. ' Notary Public Peggy F. Barry (Corporation Grantor) R BOND NO. B 618708 POULTON a ORR Insurance Brokers 5050 Broadway Oakland, CA 94611 (415) 654-7800 IMPROWE-H IN SECTJRITY BOND (Faithful• Performance & Maintenance, AND Labor & Materia Zs) (CaZif. Bus. & Prof. Code §ZZ612; Contra Costa County Standard Form) Z. OBLICATION. (PrincipaZ) Rahives & Rahlves, .Inc: . . . . . .. . . . . . . . . . . . . . . . . ... .as Principal, and (Surety) United Pacific Insurance Company a corporation organized and existing under the laves of the State of Washington and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it; (A - Faithful Performance, & Maintenance) Seventy-Eight Thousand - - - - - - - - - - - - - - - - - Dollars S 78,000.00 1� �►x �x a � 1r � bY� "\ -j.,LK i d .YaWX (*'%I Y] for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials) e vee�lefttC;\e�OtaA thousandive Hundred 10llarg�'�a� 78,500.00 � for the benefit of persons protected under Cal. Bus.&Prof.Code §11612. 2. RC C.TTAT S. The Principal contracted with the County on December-l-,, 1970 to inn tsall and pay for street, drainage, and other improvements in Subdivi- sion No. 4011 , as per leap now being. filed with the County's Recorder, and to complete said work within one year from said date, all in accordance vith State and local laws, rulings thereunder and the subdivision contract. 3. C09DI`_PION. If the Principal faithfully performs all things required of himaccording to the terins and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors , subcontractors , and persons renting equipment or furnishing labor or materials to thein for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any. Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety ; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included .in the judgment. ..ZG1lED AND ..i;AL1;D on November 4, 1970 s'RINCIPAL SURETY h lvelah-lqe s_Inc. ted Pa Insur ce ComvaU Ay By s • e e .� � � � ,>� +� * I� * � � M � � s� �t ul t6n,�A*n* f � aa�t irate. ,;alifornia County of ALAMEDA t ss: f On November 4, (s) 19 70, before me, the undersigned, a Notary Public in and for said County, personally appeared_ L. W_ Poulton known to me to be the person _ whose name is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that—he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and his own name as Attorney-in-Fact. OFFICIAL SEAL JOAN D. SANCHEZ PIJE,ICJ ALIFC RNIA . - FRINZIPAL OFFICE IN My Commission Expires tloverr.ber-12. 1973 ^ My Commission expires =. .4�k- — JOAN D. SANCH, � . otary public in and for said County m B•2004 California - Jurat (Attorney-in-Fact Acknowledgment) ev- 1-65 0 ,,EMMETT HITCHCOCK EDWARD W LEAL JR --COUNTY TREASURER.TAA COLLECTOR ASS STA FXT _ I TAX COLLECTORS OFFICE COUNTY TREASURER-TAX COLLECTOR P-IONF 220-' •00 ALFRED P LOMELI EXT Z3--:3-F.2387 CONTRA COSTA COUNTY TAF OFFICE MANAGER FIRST INSTALI-EnT O• TAXES FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 DELInou[hi DUE AND PAYABLE ON THE TENTH DAY OF OEC[MBCR ON THE FIRST DAY OF NOVEMBER hOl'cmbEr 24, 1970 SECOND INSTALLMENT OF TAXES SECOND INSTALLMENT OF TAXES OEIINOUCNT DUE AND PAYABLE ON THE TENTH DAY OF APRIL ON THE FIRST DAY OF FEBRUARY IF THIS TRACT IS NOT FILED BY FEBRUARY 28, 1971s 'IBIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: TR;= KC. 4011 and have determined from the official tax records that there ars no unpaid county taxes heretofore levied on the property included in the sap. The current 197,x_ tax lien has been paid in !till. FMQ M HITCHCOCK Redemption Officer z)By: ,4e D putt' dl SUBDIVISION AGREEMENT (§1) Subdivision: 4011 (B. & P. Code §§11611-Z2) 01) Subdivider: Rahlves & Rahlves. Inc. 1 Effective Date: / 1 70_ (Contra Costa County (§1) Completion Period:0 a ear Standard Form; 8-67) (§4) Deposits : A. (cash 500. B. (bonds , etc. ) 1. (faithful pert. & maintenance) $�91 ....0..�000. .00 2. (labor,materials)$91,500.00 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct , install and complete road and street imorovements, tract drainage, street signs , fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements- (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and w be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429 ; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security : Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs. Code §11612 , deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (I - Faithful Performance) additional security for at least the above-specified amount , which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier' s check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus_ (2 - Labor & Materials) another such additional security in at least the above-specified amount , which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors , and to persons renting eauipment or furnishing labor or materials to them or to the Subdivider. 5. Warranty. Subdivider warrants that said improvement plan is ade- auate to accomplish this work as prorised in Section 2 ; and if, at any time before t'ie Countv' s resolution of ccnrl .�t°on for the subdivision, the improver^ent plan ^roves to be inadequate in any respect, subdivi- der shall make chantzes necesnar'i tc acco-arli sh the Tvrork as promised. -1- 6. No Waiver by County. Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement , or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from-bring- Ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. ?, Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards, commissions , officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal Injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 8. Costs. Subdivider shall pay when due all the costs of the work, including inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. Z2. Record Aay. In consideration hereof, County shall allow Subdivider to file and record said subdivision map , and recognizes this subdivision as one complying with State laws and County ordinances . y-2- W. T. PAASCH CLERK BOARD OF SUPERVISORS CONTRACgOl�T cauNTv COUNTY OF _CONTRA COSTA SUBDIVIDER: (see note below) By Rahl es & Rahlves- Ina- Chairman, Board of upervisors By ATTEST: W. T. PAASC4, County Clerk aofficie aci y Tn The & ex officio Clark of the Board busine s) BYE 6-111�daa'.�_.....-.�.._. Note to Subdivider: (1) Execute Deputy acknowledgment form below: and (2) If a corporation, attach a certified copy of (a) the bylaw FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board County Counsel of Directors, authorizing execution of this contract and of the bonds required hereby. Deputy State of California ) ss. (Acknowledgment by Corporation, County of Contra Cost a ) Partnership or Individual) On November 5 , 1970 , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. OFFICIAL SEAL = L 2 E �`� PEGGY F. BARRY n X «�, NOTARY PUBLIC-CALIFORNIA i COUNTY of CONTRA COSTA — Z S WWn+nlsuanEAlmfsarwrftl.>sn ? Peg�,r F. Barry ann//u/a///uaw//w/xu Notary Public for said County and State (Subdiv. Agrmt. CCC Std. Form) (HP-9; Rev. 9-69. 200) -3- ACTION OF THE BOARD OF DIRECTTORS OF RAFFLVES & RAFFLVES, INC. , A. CORPORATION, TAKEN WITHOUT A 14EETING The undersigned being all of the Directors of RAHLVES f, RAHLVES. INC. ' a corporation, do hereby unanimously consent to the adoption of the following resolution: RESOLVED., That Louis G. Rahlves President of this corporation be, and he hereby is, authorized to enter into on behalf of this corporation, a subdivision agreement with the Counter of Contra Costa covering Subdivision 4011 and to execute a performance bond, labor anal materials bond and tax bond. in connection therewith, together :-lith such other documents and instruments as may be incident thereto , DATED: November 5, 1970 __T_:e CERTIFICATE OF SECRETARY I-9 Allie Y. Norton , Secretary Of Rahlves & Rahlves, Inc. - , a corporation, do hereby certify and declare that the for-egoinU is a full, true and correct copy of a resolution adopted by action taken by unanimous written consentsof the board of directors without a .meeting, dated November 5,,- 1970 , and . that the By-Laws of this corporation authorized the directors to so act; and that said resolution is now in full force and effect. In testimony whereof, I have hereunto: set my hand and affixed the corporate seal of said corporation this 5th day of Nov. , 1970 , Out,; '�_ RA"'" Secretary14 (Affix corporate sea!) in the Board of Supervisors of Contra Costa County, State of California December 1 . 19 2Q. In the MMw of Acceptance of Instruments for Recording, Clayton Area, Subdivision 4011. On motion of Supervisor J. P. Kenny, seconded by Supervisor A. M. Dias, IT IS BY THE BOARD ORDERED that the fol- lowing listed instruments be accepted for recording only: (a) "Offer of Dedication" dated November % 1970 from Western Title Guaranty Company; said instrument pertains to offering for dedication additional right of way on Marsh Creek Road to provide for the construction of the Mountaire Parkway intersection, for street and highways purposes and storm water and surface drainage purposes as a condition of approval of .Subdivision 4011. (b) "Offer of Dedication" dated July 31, 1970 from Rahlves and Rahlves, Inc. ; said instrument pertains to offering for dedica- tion two irregularly shaped storm drain easements for storm water and surface drainage purposes to satisfy a condition of approval of Subdivision 4011;. and (c) Instrument entitled "Consent to Dedication" dated October 14, 1970 -from Shell Oil Company; said instrument pertains to consenting to dedication of certain streets in Subdivision 4011 crossing the Shell Oil Company pipeline easements to satisfy a condition of approval of Subdivision 4011. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, T. J. Coll. NOES: None., ABSENT: Supervisors J. E. Moriarty, E. A. Linscheid. 1 hereby codify that the foregoing is a true and coned copy of en order eaNrwl on tine miniAm of said board of Supervisors on Ilne dam aforesaid. Witness nay hand ostd dna Sed of the board of cc: Recorder (via P.Y. ) Supervisors Public Works (2) affixed tha lat dap of December 19 ?0 Planning Administrator W. T. PAASCK Clerk by Y,4;zze r�—. OWay Clerk _ Ruth B. Donovan M 24 eno nnlM a sit IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA June 25 , 197 3 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4012, Clayton Area ) Deposit: $500 ) } Auditor' s Permit No. 90148 ) Dated May 13, 1971 j Refund to: ) Western Title Guaranty Company } 1401 N. Broadway ) Walnut Creek, California 94596 ) On November 16, 1971 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. The foregoing order was passed by a unanimous vote of the Board. r" I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 25th day of June , 1973— - cc ; Public Works (2) W. T. PAASCH, CLERK Subdivider By I�- i� ( I�� 1�1 I , Deputy Clerk Helen C. Marshall IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA a� In the Matter of Completion of improvements and declaring ) z certain roads as County ) RESOLUTION N0. 71/766 - roads_, Subdivision h012, ) Clayton Area. ) a� ) m WHEREAS the Public Works Director having notified this Board that construction of ' improvements have been completed in Subdivision 1012, Clayton area, as provided in the agreement heretofore executed by this m Board in conjunction with the filing of the subdivision map; h . NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of a action under said Subdivision Agreement: F-4 -P Subdivision Date of Agreement 4012, Clayton Area May 18, 1971 0 (United Pacific Insurance Company - Bond No. B618741) BE IT FURTHER RESOLVED that the $500 cash deposit as surety •ri (Auditor's Receipt No. 90148 dated May 13, 1971 ) be RETAINED for one year pursuant to the requirements of 0 Section 8429(b) of the Ordinance Code as amended. m 0 BE IT FURTHER RESOLVED that the hereinafter described roads , having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same sere a accepted and declared to be County roads of Contra Costa 0 County: i 0Mt. Teton Court (32/52/0.08) Mt. Tamalpais Drive ( 36/56/0.11) U Mt. Teton Place (32/52/0.04) Mt. Tamalpais Court (32/52/0.07) .° Mt. Dell Drive ( 36/56/0.07) Mt. Hamilton Court (32/52/0.04) .0 Mountaire Circle (40/60/0.11) v V 0 0 0 as shown and dedicated for public use on the map of Subdivision ez 4012 filed May 19, 1971 in Book 137 of Maps at Page 15, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 16th day of November Al 197 1 , by the following vote of the Board: AYES: Supervisors A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, J. P. Kenny. NOES: None. CERTIFIED COPY I certify that this i- t.-ue 8` correct copy of ABSENT: None. the oriz nal dc,;,amo:it u;:ic_: i� oa fi_e iZ my office, and tlt it w ; i ' en� - ule Board of Sug =� c, c�:�t a.. , c,�.t;. cauforria, on ue date AT• --Z. :,: i. ?s lac'I, comfy ete:is ex;�si ;D c:eri:c_.,ci1 oar3 of Supervisors, by deputy clerks, cc: Recorder RESOLUTION NO. 71/766 Public Works (2) f on ----'A-,1?71,f Subdivider ' • ,• .• �4' 18 1971 . Clsi{7�w L':�iA CL'U :Y/�'"i2�!}5 IN THE BOARD OF SUPERVISORS W. T. aAASCH `fes � OF COUNT.Y RECORDER' W NIRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion co I?Z) of improvements and declaring ) J certain road_sas _ County ) RESOLUTION NO. 71/766 roads , Subdivision h012, ) Clayton Area. ) WHEREAS the Public Works Director having notified this Board that construction of improvements have been completed in(Subdivision 401�, Clayton area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 4012, Clayton Area May 18, 1971 (United Pacific Insurance Company - Bond No. 8618741) BE IT FURTHER RESOLVED that the $500 cash deposit as surety ; (Auditor's Receipt No.- 90148 dated May 13, 1971 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads , having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be _ County roads of Contra Costa County: Mt. Teton Court. . .(32/52/0.08) Mt. Tamalpais Drive. .( 36/56/0.11) 'Mt. Teton Place. . . (32/52/0.04) fit. Tamalpais Court. .(32/52/0.07) Mt. Dell Drive. . . .(36/56/0.07) Mt. Hamilton Court. . .( 32/52/0.04) Niontaire Circle. . .(40/60/0.11) as shorm and dedicated for public use on the map of Subdivision 4012 filed May 19', 1971 in Book 137 of Maps at Page 15, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this loth day of November 1971 , by the following vote of the Board: AYES: Supervisors A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, J. P. Kenny. S NOES: None. CERTIFIED COPY ABSENT: None. I certify that this is a fuN, true corre't copy of the origia2i cio=:: and that it t:•»; r.a_ac;i L i:: Supen`c.; of Ccr...a C:._t�. C;t:rt;;, C::i:or..ia, o., the ciat ?:u:: r. .i i i c. ' c:1er &e;_ .''`. '. 2. i'fl.".:_:CF3, co:..nty RESOLUTION NO. 71/7 b h officio cicr:t of-did Bo»r1 0`�u,^'e:•viaors, cc: Recorder ✓ 66 y deputy clerk. Public ::corks (2) r /, LLL ' Fq Subdivider L *END OF DOCUMENT,' v IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain road sas County ) RESOLUTION NO. 71/766 roads, Subdivision 40129 ) Clayton Area. ) WHEREAS the Public Works Director having notified this Board that construction Of improvements have been completed in Subdivision 40129 Clayton area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 4012, Clayton Area May 18, 1971 (0 (United Pacific Insurance Company - Bond No. 8618741) BE IT FURTHER RESOLI�ED44hat the $50_Qc%cdgDuit as surety (Auditor' s Receipt No. 99011 dated ay , 971 be - RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads , having been heretofore dedicated to public use by the filing of— map f map in the office of the County Recorder, be and the same arm_ {� accepted and declared to be _ County roads of Contra Costa County: Mt. Teton Court...(32/52/0.08) Mt. Temalpais Drire..(36/56/0.11) Mt. Teton Place...(32/52/0.04) Mt. Tanalpais Court..(32/52/0.07) Int. Dell Drive....(36/56/0.07) Mt. Hamilton Court...(32/52/0.04) Montaire Cirele...(40/60/0.11) as shown and dedicated for public use on the map of Subdivision 4012 filed May 19, 1971 in Book 137 of Maps at Page 15, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 16th day of November , 197'L , by the following vote of the Board: AYES: Supervisors A. M. Dias, J. Z. Moriarty, W. B. Boggess, S. A. Linscheid, J. P. Kenny. NOES: None. C^: �.3IFIZ+1D CUP1' ABSENT: None. I certify tl:at t:, .,.3 iz _ _ tl:e o-i-i:�1 uo� `` w ce:_e.-t copy of and nat . ,.-a _..... .. ...: ..:L i.. .::, C4 Ice cC c c. ..I % _ Awoard c_ C•Se cat,. -..:o;::-t. ,.• .., ..:y:.ty, :....iZo..a;a, c.. of"Llo c1c:1:If said : rd 0Y cc: Recorder RESOLUTION NO, 71/766 by deputy clerk, ��;ei itiors, Public Yorks (2) ' u Subdivider on �C l`17 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) RESOLUTION N0. 71 317 Tract 4012, Clayton Area. ) / WHEREAS a map entitled Tract 4012 , property located in the Clayton area , having been presented to this Board for approval, said map aving been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1970-1971 tax lien has been paid in full, and the 1971-1972 tax lien, which became a lien on the first day of March, 1971, is estimated to be $80000; Letter from the Public ?corks Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 8, of the County Ordinance Code; Surety Bonds issued by United Pacific Insurance Company with Rahlves & Rahlves, Inc., a California corporation, as principal, as follows: Bond No. B 618741 in the amount of $109,400 for Faithful Performance, and $109,900 for Labor and Materials; Cash deposit (Auditor's Receipt No. 90148, dated May 13, 1971) in the amount of $500; Tax Bond No. B618742 in the amount of $8,000 guaranteeing payment of estimated 1971-1972 tax lien; Inspection Fee in the amount of $59495; and Subdivision agreement between Rahlves & Rahlves Inc. subdivider and the County of Contra Costa, wherein said subdiv- ider agrees to complete road and street improvements, etc., in said subdivision within 1 year from the date of said agreement; RESOLUTION NO. 71/317 Form #23; 70-4-500 JTOW' THEREFORE BE IT RESOLVED that said bond s eu4d deposits and the amount sthereof be and the same are ereby APPROVED. BE IT FURTAIM RESOLZTED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLZIED that said reap be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements shown thereon as dedicated to the public. PASSED AND ADOPTED this18th day of may , 19 n by the following vote of the Board: AYES: Supervisors A. M. Dias, J. E. Moriarty, W. N, Boggess, E. A. Linscheid, J. P, Kenny, NOES: None. ABSENT: None. CERT=IED Cppy Y certify that this :.: a t:�', ,'C °, r_ .' Lt copy Of . :dof Oil �. to :Ly .............. CZ 00,e Public Works (2) Planning Subdivileader RESOLUTION NO. ?1 317 Form #23; 70-4-500 PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F_ R. SRp1YN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER"SURVEYOR GTH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR May 17, 1971 Subdivision 4012 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 4012 in Supervisorial District V in the Clayton area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is May 18, 1972. 2. Performance Bond in the amount of $109,400.00. This Bond, together with a $500.00 cash deposit (Auditor's Deposit Receipt No. 90148, dated May 13, 1971), is to guarantee completion of road and street improvements as required by the County Ordinance Code. 3. Labor and Materials Bond in the amount of $109,900.00. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1971-72 tax, which became a lien on the first Monday of March, 1971 is estimated to be $8,000.00. 5. Tax Bond in the amount of $8,000.00 guaranteeing payment of estimated tax. The map is submitted for filing by Western Title Guaranty Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreenent on behalf of the County. s Very truly yours, VICTOR W. SAUER Public Works Director SMY 1? 1971 W. T. PAASCH -� CLcFt BO+RD OF (,? V�._:G�rZ-Ss PEK:nl B /� BY CON'FRpaty cc: Western Title Guaranty �/ Pa E. iLt enny Company Assistant Public Works Directo Planning Department Highway Planning Construction Division POUL TON &• ORR Insurance Brokers ' 5050 Broadway BOND NO. B 618741 Oakland, CA 94b11 EXECUTED IN DULICATE (415) 654-7$00 TNPR0VE.-,-1:v'T SECURITY B011D (FaithfuZ. Performance & Maintenance, Al'D Labor & Materials) (CaZif. Bus. & Prof. Code §ZZ612; Contra Costa County Standard Form) Z. OBLIGATION. (Principal) RAHLVES & RAHLVES -INC. ', a• C�1 fb rnia.co• • oration "as Principal, and ure y 1-10- M_PACIFI a corporation j organized and existing under the laws of the State of WASHINGTON" and authorized to transact surety business in California, as Surety, ere y jointly and severally bind ourselves, our heirs , executors , administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintei,ance) One hundred nine ho s u -_-Dollars ($ logo 4nn- no ) for itself or any City-assignee under the be ow-cited subdivision contract, ' plus (B - Labor & Materials ) One hundred nine thousand nine hundred and no,1100----Dollars ($ 900.00 ) for the benefit of persons protected under Cal. Bus. &Prof.Code §11612. 2. RECITALS. The Principal contracted with the County on MAY19, 1971 N to install—and pay for street, drainage, and other improvements in Subdivi- sion No. 4012 , as per snap now being. filed with the County's Recorder, ` and to complete said work within one year from said date, all in "I" accordance with State and local laws, rulings thereunder and the subdivision contract. 3. COdD1_'!ON. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement , -plan and improvements a-reed on by nim and the County, then this obligation qas to Sect-ion 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays Y ) the contractors , subcontractors, and persons renting equipment or furnishing , labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full '4'fo-rce and effect. ?? No alteration of said contract or any plans or specifications of said work . \', agreed to by the Principal and the County shall relieve any Surety from lia- ,11 bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included ,in the judgment. SIGNED AND SEALED on MAy 1n, 1971 PRINCIPAL SURETY RAHLVES LVE INC. , a UNITED PACIFIC INSURANCE COMM B OL Ow State of California ) ss, County of ALANFnA ) [ACKNOWLEDGi�ENT BY SURETY) On May 10, 1971 , the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorney(s)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Cor ration as Cure"; and his/their own name(s) as its 'Attorney(s)-in-Fact. PEARL K. RHODES Pearl K. Rhodesridg NGTn{Y FL'9LIC-CAL IFORNIA Notary Public for gun A' a e (Imp. Sec. Bond, CCC Std.Form) (HP-ZS;Rev. 8-67; 200) My Commission-Expires,June 20, 1971 L... BOND NO. B618742 POULTON &.'ORR EXECUTEb IN DUPLICATg Imurance Brokers 5050 Broadway Oakland, CA 94611 BOND AGAINST TAXES (415) 654-7800 KNOW ALL MEN BY THESE PRESENTS: corporation v THAT R hlve s & Rahlves , Inc . , a Calif onia/ , as principal and (Surety) uNjTm QArnnr. INSURANCE MMIM a corporation organized and existing under the laws of the State of WASHINGTON and authorized to transact surety business in California as surety are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of eight thousand and no/100---------------- Dollars ($8,000.00 ), to be paid to the said County of Contra Costa, for the payment of which well and truly to be made, we and each of us bind ourselves, our heirs, executors, administrators and successors, jcintly and severally, �\ firmly by these presents. Sealed -with our seals and dated this loth day of MAY The conditions of the above obligation is such that I-MREAS, the above bounded principal is about to file a map entitled Subdivision, 4012 r and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the sai-d Tract of land covered by said map, which•-ta.,ces aril special assessments collected as taxes, are not as yet due or payable. NOW, THEREFORE, if the said Principal _ shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of lard covered by said map, at the time of the filing of said map of said Tract, then this obligation shal-1 be void and of no effect. Otherwise it shall re- main in full force and effect. RAHLVES & RAHLVES, INC. , a ::.California corporation Principal MI =Fnak 1 ACKNOWLEDGNT . -iorriit (BY SURETY) State of California County of AUSEDA County in which acknowledgement is taken. On , before me, Pearl K. Rhodes a Notary Public, in and fdr sa:id County and State, personally appeared fAr ILon known to me to be .Y�a.rtr.rlrt of ^e corporation that executed the within nstrument� and also kno ;n to me to be the person who executed it on behalf of such corporation and acknowledged to me that such corporation executed the within ;instrurrent pursuant to it by-lags resolution of its board of directors. in aualrion to si Lli-Ve rlype or p t PEARL K. RHODES name of notary Pearl K. Rhodes NOTARY PUBLIC-CALIFORNIA NOTARY PUBLIC PRINCIPAL OFFICE IN ALAAIEDA COUNTY _ ,__......( ._.. EMMETT-HITCHCOCK EDWARD W LEAL 1w COUNTY TREASURER-TAX COLLECTOR ASSISTANT TAX COL.LECTOWS OFFICE COUNTY TREASUAER,TAS COLL€Cf OR P-.010 22B ^p ALFREO PLOMELI E-T 2307 CONTRA COSTA COUNTY TAX Of- -E I+ANAG€w tIRST INSTALLMENT Or TAXES FIRST INSTALLMENT OF TAMES MARTINEZ. CALIFORNIA 94553 DELINDUENT DUE AND PAYABLE ON T ON THE FIRST DAY OF NOVEMBERV-1T€.yTENT" DAY Df DEGiktfErt SECOND INSTALLMCNT OF TAXES Apr l 22, 1971 SECOND INSTALL"ENT OF TAXES DELINDUEIVT DUE AND PAYABLE ON THE TENTH Dar OF APRIL ON THE FIRST DAY OF FEBRUARY IF THIS TRACT IS NOT FILED HX 0CMBW 31, 1971, THIS LETM IS VOID S) This will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 4012 and have determined from the official tau records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1970-71 r tax lien has been paid in full. Our estimate of the 1921-72 tau lien, which became a lien on the first day of Karch,1971., is i 81000-00 FAINT HITCHCOCK Redemrption �'tieer By: ((Deputy) dl, `e MAY I� 1971 cl.�� W T. PoAASCH :sons Ca OSTA CO. sy r" T�i4�DepuEy SUBDIVISION AGREEMENT (§1) Subdivision: 4012 (§l) Subdivider: lyes & Rahlves , Inc. , (B. & P. Code §§ZZ6ZZ-Z2) corporation 1 Effective ate : /d' / (Contra Costa County (§1) Completion Period: One year Standard Form; 8-67) (§4) Deposits : A. (cash) 500 . B. (bonds, etc. ) 1. (faithful pert. & maintenance) $ 10 400.00 2. (labor,materials) 109,900.00 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs , fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements- (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and w be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus . & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . B. Bonds , etc. : (I - FaithfuZ Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount , which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors , and to oersons rentin- eouipment or furnishinc- labor or materials to them or to the Subdivider. 5. Warrant:•. Subdivider warrants thpt said imerove*ient olan is ade- quate to accomplish t` 4Ls -.!ork as pror"ised in Section 2 ; and if, at any time before t'ie County' s resolution of ccm:-l-.-t_on for the subdivision, the improver~ent plan ^roves to be inadecuate in an'r respect , Subdivi- der shall mace chanzes necessary to ?cconrilsh the :•rork as Dromnised. . -1- 6. No waiver bu Countu. Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials , or payments therefor, or any combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from-bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards, commissions , officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s ) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters . 6. Costs. Subdivider shall pay when due all the costs of the work, including inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. 10. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall nay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. 11. Assignment. If before County accepts these improvements, the subdivision is annexed to a city, the County may assiizn to that city the County's rights under this agreement and/or any deposit or bond securing then. . Z2. Record Plat. In consideration hereof, County shall allow Subdivider to file and record said subdivision map , and recognizes this subdivision as one complyinz with State laws and County ordinances . •-2- r 'N. T AASC!-1 Cls eor�rn c> suaFRLr< 'TRA r gT nr ;r COUNT F CONTRA COSTA SUBDIVIDER: (see note below) ''0 I RAH L RAHLVES, INC., a By / a' man, Board of Super isor 8y ATTEST: W. T. PAASCH, County Clerk a official capacity in he & ex of 'cio Clerk of the Board businse By �/rr' Note to Subdividers (1) Execute Deputy acknowledgment form below; and (2) If a corporation, attach a certified copy of (a) the bylaws FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board County Counsel of Directors, authorizing execution of this contract and of the bonds required By hereby. Deputy • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • State of Californ, ) ss. (Acknowledgment by Corporation, County of Partnership or Individual) On 7� , the person(s) whose name(s) is/are signed above for Subdivide and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. Notary public for said County and State (Subdiv. Agrmt. CCC Std. Form) (HP-9; Rev. 9-69; 200) OFFICIAL SEAL ` 5141;ZLEY A. CUND!FF NOTARY PUBLIC-CALIFO�NSA CONTRA COSTA COUNTY 12, 1971 lA r Commssion Expires Feb. } ACTION OF TfU3 BOARD OF DIRECTORS OF RAHLVES & RAHLVES. Itis. 3 A-- CORPORATION, TAKEN ;1ITHOUT A MEETING The undersigned being all of the Directors of Rahlves &, Rahlves, Inc. , a corporation, do hereby unanimously consent to the adoption of the following resolution: RESOLVED: That Louis G. Rahives , President of this corporation be, and he hereby is, authorized to enter into on behalf of* this corporation, a subdivision agreement with the County of Contra Costa covering Subdivision 1012 and to execute a performance bond, labor and materials bond and tax bond, in connection therewith, together with such other documents and instruments as may be incident, thereto , DATED: CERTIFICATE OF SECRETARY I, Allie Y. Norton , Secretary of Rahlves & Ralilves, Inc. , a coroora-tion, do hereby certify and declare that the foregoing is a full, true and correct popy of a resolution adopted by actta.cen by ur_animous iurritten consent. of the board of directors without a ?sleeting, dated , and that the By-Lairs of this corporation authorized the directors to so act; and that said resolution is now in full force and effect. In testimony thereof, I have hereunto: set my hand and affixed the corporate seal of said corporation this day of May , 1971 t . ecreta • L� - (Affix corporate seal) ACTIOPI OF THE BOARD OF DI►=CTORS OF RAHLVES & RAHLVES, INC. A*- CORPORATIOi•i, TPUKE3d WITHOUT A MEETING The undersigned being all of the Directors of Rehlves 4 Rehlves, Inc. a corporation, do hereby unanimously consent to the adoption of the following resolution: RESOLVED: That loris G. Rahlves , President of this corporation be, and he hereby is, authorized to enter into on behalf of" this corporation, a subdivision agreement with the County of Contra Costa covering Subdivision 4012 and to execute a performance bend, labor and materials bond and tax bond, in connection therewith, together with such other documents and instruments as may be incident thereto . DATED CERTIFICATE OF SECRETARY I� Allie Y. Norton , Secretary of Rehlves Rehlves, Inc. , a corporation, do hereby certify and declare that the foregoing is a full, true and correct copy of a resolution adopted by action taken by unanimous written consent. of the board of directors without a meeting, dated , and that the By-Laws of this corporation authorizes the directors to so act; and that said resolution is .now in full force and effect. In testimony whereof, I have hereunto set my hand and affixed the corporate seal of said corporation this day of may , 1971 Secre ar= (Affix .corporate sea!) IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA October 8 197 -14 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4013, Clayton Area ) Deposit: $500 ) Auditor's Permit No. 97582 ) Dated March 13, 1972. ) Refund to: ) Rahlves and Rahlves . Inc. ) P. 0. Box 592 ) Concord, California 94522 ) ) On August 1h, 1973. this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. The foregoing order was passed by a unanimous vote of the Board. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 8th day of October , 1974 )WXXXXXNNKOW� CLERK cc : Public Works ( 2) J. R. Olsson Subdivider Rahlves and Rahlved3yt�-n ��; Deputy Clerk Nancy S. Ortega 3�a ?x,05 PaS05 "�� RECORDED AT RENEST O= WHEi� RY,C,w'-D RE RIN 1 . 81409 AUG 20 1973 -------------- �.. UG 20 197 f,. AT O'CLOCK CO C05TA COUNTY RECORDS W. T. FAASCH IN THE BOARD OF SUPERVISORS COUNTY RECORDER OF JJCONTRA COSTA COUNTY, STATE OF CALIFORNIAEE $ OFFL In the Matter of Completion ) of improvements and declaring ) certain road s as County ) RESOLUTION NO. 73/617 roade,� Subdivision 4013.'. ) C1aJssa Arae* ) WHEREAS the Public Works Director having notified this Board that oo wtsaotiem of improvements have been completed in Subdivision 40130 CISOM area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 4x13, 0187"s Baa xazwk 14. 1972 (ftltsd poems zzs a ese Caslaw - Bmd 3a. s 64MI96) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 97582 dated Marsh Us 3,972 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described road_, having been heretofore dedicated to public use by the filin' of map in the office of the County Recorder, be and the same a, accepted and declared to be _ County roads of Contra Costa County: Me B1ss-11 - m acs (32/52/0-164) IMINtlAM eats (40/60/0.354) We OLMEM PIAM (32/52/0.=) Iffe, 30M OMM (32/52/0.024) air. w�stzsosoa vu (36/56/0.205) bt. tm�o� >atrrs (36/56/0.054) MT. Bad CO (3215210.24) W. ZZA nKM (36/56/0.020) as atom =A daUeatsd for poblio use as the map of 8sbddLv1s1aa 4 '13 tiled Marah ]So 1972 is Beat 144 of flaps at Ps" 38, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this . 14th day of A�Yt , 1973 , by the following vote oB the Board: AYES: supervisers J. P. 0 w. No Homes, Be 1. biased, •. No Dl"* NOES: Noose ABSENT: SnpesViOW J. Be KoriaVt7. CMTMM COPY I certify that this is a full, true d_ correct copy of the original document WhWh i9 on file in my offlM aad that it was Passed ezadopted by the Board of Suxn'jsors of Contra Costa County, CaLLfornia. on t;u: slate shr wn. ATTEST: W. T. r,%.,tSC1t cotjsty RE 30L1j IOid 11110. 73/617 --leek&ex-officio clerk of said Board of SuperViSOM aaS Racer rkyc. I deputy cleri Public `.+�orlts SLC -- Subdivider ENU 0f D0CU.%1ETJT . - 80923 aoo �i. s7� W *&22 Clerk, Board of Supervisors AUG 1 f RECORDED AT REDDEST OF Room 103, Administration BuildingCCNMA JOSTA CQu,- •i --------------------------------- - Martinez II pT 0 COS1,1 COUNTY 2ECONS W. T. PAASCH IN THE BOARD OF SUPERVISORS COUNTY RECORDER CONTRA COSTA COUNTY,OF STATE OF CALIFORN E } O F'L In the Matter of Completion ) of improvements and declaring ) certai road_Gas _ County ) RESOLUTION NO. 73/617 roade, Su division 4013 ) Qig AMae ) WHEREAS the Public Works Director having notified this Board that eel UWIAIGK Of improvements have been completed in Subdivision 4013& Q1qrftn area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 4x139 QiaYSM Asea Malati 14, 1972 (OdUd laelfte Inommea Owmaq • Nwt ase a 6WA96) BE IT FURTHER RESOLVED- that the $500 cash deposit as surety (Auditor's Receipt No. 9TW dated 11006 139 1972 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described road_, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same We accepted and declared to be _ County road* of Contra Costa County: !e MOaM! PLM 3��'S2/0e16k 1�?�� O�fi143442 /'1106�) . W o GLI l PZA= 0.111 1!'!e som � 08, M!a VAX 36/�i6/0 >t!'. 92 1�lR . We Mem COW 32/y2/0O1 we SM 1019E as shwa od ftr Y11e UM M On nip 4C 8iQldsiM 4013 Mad Masth 15, 1972 is QMk 114 et ft" at t"P 3d a Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this Utb day of dot , 1973 , by the following vote of the Board: AYES: 98pwvl9aae JC Pe fNWa We No 2965eee9 se ♦e Unsebe/ds ♦e Me Uwe lisq` NOES: 1Mee "AlF/ CERTIFIED COPY ABSENT: 'Te se1 'Te T certify that this is a full, true & correct co py the original document which is on file in my office, 2nd that it was pa::sed :• ndop:e;i b}• the Doard of Supervisors of Contra Coate County, California, on "le uatt t hc".vn. A'f-1T.'31': W. T. f'AASCH, county 73/617 _lerk 4: ey.-otficlo cleric of said Esoard of Supervlaors, RESOLUTION 210. oy deputy clerk. lsMlla I Al!!t/ gum -Liz= V --7 010 OF DuC1lMT 0 i • RECORDED AT REQUEST 0r :Ili.. J V 4'li� VV JjY.'I 8149 ---------------�:;�----------r--:-------- e, ,•, AT O'er!OCK V A1. �Ull t 313 C A COSTA E0i1NTY 8EECQ4OS m W. T. PAASCH COUNTY RECORDER IN THE BOARD OF SUPERVISORS OF FEE CONTRA COSTA COUNTY, STATE OF CALIFORNIA 0 CA F F L 7 OD In the Matter of Completion ) 3 of improvements and declaring ) certain road s as County ) RESOLUTION NO. 73/617 road@, Subdivision 4013, ) Garbe@ tra. ) WHEREAS the Public Works Director having notified this Board that oomtmetion of improvements have been completed in Subdivision 4013, C1aTtea area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 4013, Ola7tm AQa Nash 14, 1972 (ulted !@eine larm-mee 06"M r - Sand No- s 6y4896) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 973M _ dated Nabob 13# 1972 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described road , having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same @— accepted and declared to be _ County roads of Contra Costa County: N:, WSW= PIA= t 32/52/0.164)I xONTA nt Ghats t 40/60/0.354 N!, 09anus PLACE 32/52/o.i13) W, 30M oohs (32/52/0.04 We WA W Ot WAX 136/x56'/0. ) N2. 9d Iwo NamCOW (32 52/0.m) W. 30A MU 141-�6/o.Q� as above sad dedicated tos milia use an the sap or dolidieieion 4013 tiled Nareh 15, 1972 is Beek 1l�4 of Mara at Tale A Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this . 24tb day of ♦MOat , 1973 , by the following vote of the Board: AYES: stwerTieel'e J• re MUMS Y. Z. asses@, s. d. Liaaeheld, 1. N. Dian. NOES: Nese. % ter}. CERTIFIED COPY ABSENT: sgar+►iaer J. Zi. Nos"37• I certify that this is a full, true & correct copy of the original document which Is on file in my office, and that it was passed ez adopted by the Board of SuperVk;0m of Contra Costa Count;, California, on We date shown. ATTEST: W. T. P.IASCH, county RESOLUTION NO. 73/617 clerk&ex-officio clerk of said Board of Supervisor, ties Seeerder ny deputy clerk. POlio lutists v , e- Q pdj4 jJ73 doDdiddea�r IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of } Tract 4013, Clayton Area. ) RESOLUTION NO. 72/172 } } WHEREAS a map entitled Tract 4013 , property located in the Clayton area , having been presented to-this Board for approval, said map awing been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1971-1972 tax lien has been paid in full, and the 1972-1973 tax lien, which became a lien on the first day, of March, 1972, is estimated to be $12,500; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 8, of the County Ordinance Code; Surety Bonds issued by United Pacific :Insurance Company with Rahlves & Rahlves, Inc., as Principal, as follows: Bond -NO. B 644696 in the amount of $137,100 for Faithful Performance, and $137,600 for Labor and Materials; Cash deposit (Auditor's Deposit Permit No. 97582 dated March 13, 1972) in the amount of $500; Tax Bond No. B 644897 in the amount of $12,500 guarantee- ing payment of 1972-1973 estimated tax; and Inspection Fee in the amount of $6,880; Subdivision agreement between Rahlves & Rahlres subdivider and the County of Contra osta, w erein said su v- ider agrees to complete road and street improvements, etc., in said subdivision within 1 year from the date of said agreement; RESOLUTION NO. 72/172 Form #23; 70-4-5oo NOW, THEREFORE, BE IT RESOLVED that said bonds and deposits and the amounts thereof be and the same are hereby APPROVED. BE IT FTiRTAM '9'�SOLAMD that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements sbowri thereon as dedicated to the public. PASSED AND ADOPTED this14th day of March 1, _72 , by the following vote of the Board: AYES: Supervisors J. P. Hennyl A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linseheid. NOES: None. ABSENT: None. cc: Public Works (2) Planning Subdivider Rablves & Rahlves, Inc. P. 0. Box 592 Concord, California 94520 RESOLUTION NO. 72/172 Form #23; 70-4-500 CERTIFIED COPY I certify that this is a full, true & correct copy of the original document is on file in my office, and that it wa:: i:aLscd w aclub ted Ly Lee i oard of Super.•i,o.s of Contra Cu:.t:: County, Ca!iforida. on the dat:: .i:;ss. A :AST: I7. T. PAASCH, county acr.;&ex-:.f:.to cleric of said i;oard of Supervisors, oy deputy clerk. AZA4�i..LL on c;. j SUBDIVISION AGREEMENT (§1) Subdivision: 4013 01) Subdivider: RAHINES & RAHLVES, (B. & P. Code §§Zl6ZZ-Z2) INC. a California corporation 1 Effective Date : 14 Marrc i,. 1972 (Contra Costa County (§1) Completion Period: ©r1 eclo- Standard Form; 8-67) (§4) Deposits : A. (cash 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $137 100.00 2. (labor,materials) 137, 00 .00 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs , fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements- (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs. Code §11612 , deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (t - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus (2 - Labor & .Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost , securing payment to the contractor, to his subcontractors , and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warranty Subdivider warrants th?� said - crover-ent plan is ade- auate to accomplish th e .!o-. k as pror"ised in Section 2 ; and if, at any time before t':? County' s resolution of cc-irl-.�t_on for the subdivision, the improver^ent plan -roves to be inadecuate in any respect , Subdivi- der shall make changes necessar%r tc accomplish the work as promnised. -1- 6. No Waiver by County. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof comolies 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 contract as prescribed; nor shall the County be thereby estopped from-bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards, commissions, officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causinE liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 6. Costs. Subdivider shall pay when due all the costs of the work, inclu� inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z©. Non2 erformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit , and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. Z2. Record lilac. In consideration hereof, County shall allow Subdivider to file and record said subdivision map , and recognizes this subdivision as one complying with State laws and County ordinances . �2- I L E D W. T. PAASCH CLERK BOARD Of SUPERVISORS CON RA CO T COUNTY BrY, Deputy COUNTY OF CONTRA OSTA SUBDIVIDERS (see note below) RAHLVES & RAHLVES , INC a California By Chairman, Board of Supervisors By ATTEST: W. T. PAASCH, County Clerk Designate official apscity in the h ex officio Clark of the Board business) Vice-President By %�Gl.G>'l/fi //• �.Ld`�/ Note to Subdivider: (1) Execute Deputy acknowledgment form below: and (2) If a corporation, attach a certified copy of (a) the bylaws FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board County Counsel of Directors, authorizing execution of this contract and of the bonds required By v hereby. -� Deputy State of Cal�'forn�' /1 ) ss. (Acknowledgment by Corporation, County of �Rit-(�� ) Partnership or Individual) On � ,�� rf / P?Z.�, the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed i v ! � Wtary Public for said County and State (Subdiv. Agrmt. CCC Std. Form) (HP-9; Rev. 9-69; 200) enuwnaaaeauwuuuauaueoeaauanew�� OFFWIAL SEAL o PEGGY F. BARRY -r, NOTARY PUBLIC.CALIFORNIA COUNTY OF CONTRA COSTA m,Lomaosdon Espina February 1.1973 —3- *~ wewaaeaeeare ACTION OF THE BOA:ZD OF DIRECTORS OS & RQUES, INC. A, CORPORA T TOii, TA [EiI �•iIT� OUT A iETI ,1G The undersigned being all of the Directors of RAHLVES RANWES. .INC. a corporation, do hereby unanimously consent to the adoption of the following resolution: RESOLVED That Dennis L. Rahives Vice-President of this corporation be, and he hereby is, authorized to enter into on behalf of- this corporation, a subdivision agreement with the County of Contra Costa covering Subdivision 4013 and to execute a performance bend, labor and materials bond and . tax bond• in connection therewith, together with such other documents and instruments as may be incident thereto. DATED:. CERTIFICATE OF SECRETARY I, Allie Y. Norton , Secretary of Rahlves F, Rahlves, Inc. , a corporation, do hereby certify and declare that the foregoinc- is a full, true and correct copy of a resolution adopted by action taken by unanimous written consent. of the board of directors without a meeting, dated Larch 1972 , and that the By-Lairs of this corporation authorized the directors to so act; and that said resolution is now in full force and effect. In testimony :7Y?ere02`, I have hereunto: set-D ,yj hand and a fixed the corporate seal of said corporation this _ day of , Secre ry (Affix corporate sea!) i-j,L. CN &_ ORR BOND NO. B 644897 tnsuras;c•::- arc?:firs •• 50.50 $ro adw2y Oakland, CA 94611 (415) 654-7800 DO21n r1 G_1!': T TA.:E'3' KNOW ALL MMN BY TMESE PRMEINT.-): corporation MT RAHLVES &- RAHLVES , INC. , a California ,t , aa principal and (Surety) UNITED PACIFIC INSURANCE COMPANY z a corooration organize:' and e lknt'ing under the ln:ts of the State of WASHINGTON and authorized to transact; surety business in California as surety a_e held and fir-mly bound tanto the County of Contra Costa, St-.-:Ate of California, in the p•onal sur of Twelve Thousand Five Hundred and No/100---D011ar•s (Al2,500.00 '), to be paid to the said County of Contra Costa, for the payment of rhich rcell and truly to be ;jade, t•:e and each of us bind ourselves, our heirs, executors, administrators and succeszor 3, Jointly and several!;;, firmly by these present-s , Sealed •rrith our seals an,' dated this 13th day of MARCH , 1Q 72 The conditions of the above ob'_iSation is such that 11:1-�,RM, the above bounce: principal is about* to file a map entitled SUBDIVISION 4012 and covering a subdivision of a tract of lard in said Count,- of Contra Costa, and ';here are ce`_';ain lens for and special asses.-zmenmss collected as ta:.ces, ~Sa;nst t::.. said ^_-act of land co-,ered b� said map, which-talcs andspecial asses. .;,tents collected! as -axes, •arc, not as yet due or payab'e. NOW, THEREFORE, if 't-1--e said Principal shall pay ..+l of z;he Lax_s 4n... S ecz::._ as:sess'rieniZs col i EC-,CIZ. taxes which are a lien _ ,-ainst said tract cf lana covered by said map, at the time of the =i,in,'- o- said r..ao of Said Tract, then this ob1Aga tion sh a,1 be void and, of no effect. Other::ise i. shall re- main in full force and effect. RAHLVES & RAHLVES, INC. , a Calif o nia .torpor t n BY f � UNITED P SIC URANCE COMPANY Sur y `- ACKNO L:EDGE:-iE_NTPO LTON, ATTORNEY-IN-FACT (Bl' SURETY) State of Califo_-nia County of Alameda County in :;r•o.rz _ �.t-,.._n; i:, t . :en On March 13, 1972 beic;e me. Pearl K. Rhodes a Notary Public, in and'-or sal:: County a::.. State, npp_nred L.W. POULTON known toV me to be AXTURNE Y- -FACT r� oI L,C,.e corpora i ion Lhat exFcl�._:i tiI e is i'�Ii1C: {nom rumen and s111 .3l) ;tno:;r. vo :.ie to C:.' `}.n per_-.o:i r,_n behalf o.:' -0-uch corp:.ra ion ..c ...._ :;h - v c�^n ^.t 4•; GP. executed the pi:r3u:3.zt to by-lat.3 or a resclution 3 Fr 17 rLS r PEARL K. RHODES -)r"_. moo. �.? ed' K_ 5t :o;:,r.Y P'�ELIC CALIFORNIA name off !iota:'y Odes '�.j P:INCTAL 0FF!Ca IN NOTAR'i P13-D- LIC ALALIEDA COUNTY r Up;res luny 70. 1975 ,• )ULTON & ORR insurance- Zroknrs BOND NO. B 644896 5050 Broadway Oakland, CA 94611 (415) 654-7800 IMPROVE •-1E_NT SECURITY B01:D (FaithfuZ. Performance & Maintenance.' AND Labor & Materials) (Calif. Bus. & Prof. Code §116Z2; Contra Costa County Standard Form) Z. OBLIGATION. (Principaz) . _ . • . . . . . . . . . . . . • . . • . . . • . . s Principal, and ure y UNITED PACIFIC IN URANC • COM a corporation organized and existing under the lairs of the State of WASHINGTON and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintei,ance) One Hundred Thirty' Seven Thousand One Hundred & 'Noj10�ollars ($ 37-100.00 ) for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials) One Hundred Thirty Seven Thousand Six Hundred&No/100 Dollars ($137 •600.00• ) for the benefit of persons protected under Cal. Bus.&Prof.Code §11612. 2. RECITALS. The Principal contracted with the County on MARCH 13, 1972 to install and pay for street, drainage, and other improvements in Subdivi- sion No. 4013 , as per snap noir being. filed with the County's Recorder, and to complete said work within from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by nim and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors , subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included .in the judgment. SIGNED AND SEALED on March 13, 1972 PRINCIPAL SURETY RAHLVES & RAHLVES, IN). , a California. nn UNITED PIYCIFIC URANCE COMPANY j By By i"i r LTO , TO -IN-FACT State of California ) ss. County of Alameda ) (ACKNOWLEDGMENT BY SURETY) On March 13, 1972 the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorney(s)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Surety and his/their own name(s) as its 'Attorney(s)-in-Fact. l OFFICIAL SEAL ��1 � � A�✓//C PEARL K. RHODES Pearl K. Rhodes �`1 C •c'-;.,• NOTA,^,Y PUOLIC . CALIFORNIA Pr,:nc^AL o-rlct IN Notary Public for said County and State (Imp ond, CteOn) r PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY DEPUTY PUBLIC WORKS DIRECTORS PUBLIC WORKS DIRECTOR 6TH FLOOR. ADMINISTRATION BUILDING R. D. BROATCH F. R.BROWN CHIEF DEPUTY PUBLIC WORKS DIRECTOR MARTINEZ. CALIFORNIA 94553 VERNON L. CLINE TELEPHONE 228.3000 R. M. RYGH (RM. 115 COURT HOUSE) March 14, 1972 HP - Subdivision 4013 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 4013 in Supervisorial District V in the Clayton area. Accompanying this map and pertaining thereto are the following docu- ments: 1. Subdivision Agreement. Expiration date of one-year time limit for completion is March 14, 1973. 2. Performance Bond, in the amount of $137,100. This bond, together with a $500 cash deposit (Auditor's Receipt No. 97582, dated March 13, 1972, is to guarantee completion of road and street improvements as required by the County Ordinance Code. 3. Labor and Materials Bond, in the amount of $137,600. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1972-73 tax, which became a lien on the first Monday of March, 1972 is estimated to be $12,500. 5. Tax Bond, in the amount of $12,500 guaranteeing payment of estimated tax. The map is submitted for filing by Western Title Guaranty Company under the provisions of County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. j,CEIVE '� Very truly yours, 1�\tljJ� �i f j'jjj�J VICTOR W. SAUER / jg ? Pub o 's Director W. T. PAASCH i CLERK BOARD OF SUPERVISORS y c YQ A CO. 1 bv�k .�,rl 2 1 Ico_I pI pity aul E. Kilkenny Assistant Public Works Direct PEK:fa Highway Planning cc: Western Title Guaranty Co. Planning Department Construction Division EDWARD W. LEAL 'ALFRED P. LOMELI COUNTY TREASURFR-TAX COLLECTOR Assistant County Treasurer-Tax Collector PHONE 228-3000 EXT. .1185 TAX COLLECTOR'! OFFICE rI.ST INSTALLOut AND PPA.eLCVNT Or T.1I[f CONTRA COSTA COUNTY FINST INSTALLMENT OF TAXES DELINOU(NT ON TN[ rvwsT o., or Movaecw MARTINEZ. CALIFORNIA ON TME TENT.. OAF or OCC(M.Ew SffDND INSTALLMENT OF TAI({ SECOND INST.LL-FNr Or TAXES DUF •ND wATASI[ ON TM[ FIwST DAT OF I[.IIU AIIY OELINourNr Februar�r 17;' 1972 ON THE TENT" DAY OF AweIL IF THIS TRACT IS NOT FILED BY OCTOBER 31, 1972, THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 401,3 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1971-72 tax lien has been paid in full. Our estimate of the 1972-73 tax lien, which became a lien on the first day of March, 1172..E is $ 12! EDWARD W. LEAL Redemption Officer A" By. Gu /Deputy dl IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA November 24 197 5 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4015, Clayton Area ) Deposit: $500 ) Auditor's Permit No. 109110 ) Dated June 26, 1973 ) Refund to: Rahlves & Rahlves, Inc. ,) 1460 Washington Boulevard, ) Concord, California 94521 ) On October 22, 1974 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 24th day of November , 1975 J. R. OLSSON, —' 1IXxXXXMMMq CLERK cc: Public Works (2) Subdivider By Deputy Clerk N. Ing aham 'Return to Clerk of the oard Administration BuildiW Martinez • �7 + i I OCT 23 1974 7 X98OPM AT IMEMMW OCT &OR I R. CLSSON IN THE BOARD OF SUPERVISORS COIM Y MCOM OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA (� In the Matter of Completion of improvements and declaring "o o certainyoads as County t1f '� ) RESOLUTION NO. 74/910 roads, Subdivision 4015,)1 V ) Claytot-Area. 1 ) WHEREAS the Public Works Director having notified this Board that construction of improvements have been completed in Subdivision 4015, Clayton area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; and WHEREAS the Public Works Director having reported that Nountaire Court is being used as a model home area and will not be accepted until the fence within the street right of way area has been removed and the facility repaired to the satisfaction of the Public Works Department (a $500 cash bond Deposit Permit Detail No. 11968 dated August 28, 1974 has been posted to guarantee the above mentioned cleanup and repair work); NOW THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 4015, Clayton Area July 3, 1973 (United Pacific Insurance Company - Bond No. U 748555) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 109110 dated June 26, 1973) be RETAINED for one year pursuant to the requirements of Section 94-4.406 of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads, having been heretofore dedicated to public use by the filing of map in the o€fice of the County Recorder, be and the same are accepted and declared to be County roads of Contra Costa County: .:OUNT TAMALPAIS PLACE (32/52/.09) MOUNTAIRE PLACE (32/52/.07) as shown and dedicated for public use on the map of Subdivision 4015 filed July 5, 1973, in Book 158 of I-laps at page 23, Official Records of Contra Costa County, State of California. RESOLUTION h0. 74/910 r '"; 728 PASSED AND ADOPTED this 22nd day of October, 1974, by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, E. A. Linscheid, W. N. Boggess. NOES: None. r•: ABSENT: Supervisor J. E. Moriarty. M� �Fo CERTIFIED COPY I certify that this is a full, true & correct copy of the original document irhlrh is on file in my office. and that it was inssed f: adopted by the Board of Supen'i,ors of Contra Costa County. California, on the date shown. ATTEST: J. R. OJ ESO.N. County Clerk.t.es-officio Clerk of said Board of Supervisors. by Deputy Clerk. on W.AA-2 RESOLUTION NO. 74/910 cc: Recorder' EMD OF DOCUMENT sooK 703 FW786 SEP 24 1973 IR E C 0=MMJA PUBLIC WORKS DEPT. AT MAIMO"CLM HIGHWAY n M = UL 0M cP IMM 19 73 KAM W. T. PMSCH GRANT DEED ` COUNTY RECORDER FEE _ FOR VALUABLE CONSIDERATION /Rahlves and Rahlves , Inc. , a Cali- fornia corporation hereby grants to the County of Contra Costa, a political subdivision of the State of California, Grantee, and its governmental successor or successors , the future "developrent rights" , as defined herein below, in that real property known as Dana Hills, Unit 6, ituated in the County of Contra Costa, State of California, and more particularly described as follows : Parcel A, map of Subdivision 4015 , filed 3UIY S 1 toll-h , Map Book ISO , page Z3 , Contra Costa County records. "Development rights" are defined to mean and refer to the right to approve or disapprove of any proposed construction, development or improvement other than one or more recreation buildings , one or more swimming pools , patios , walkways , picnic areas , play areas , boat and trailer storage areas , drive and parking areas , reasonable and necessary lighting standards, courtyard areas , such other facilities as may be deemed desirable exclusively for the recreation and leisure of the residents of Dana Hills, and any and all planning, design and land- scaping incident thereto. The "development rights" are and shall be a form of negative easement over all of said property , which shall run with the said property and shall bind the current owner and any future owner or owners of all or any portion of said property . In the event of a disapproval of proposed construction by the Grantee or its successor, said proposed construction shall not be performed. Grantee or its successor may condition its approval of any proposed construction upon the prior or subsequent performance of such conditions as Grantee may deem appropriate. Any owner or owners of all or any portion of said property desiring to develop any improvement requiring the approval of Grantee or its successor herein shall submit to such entity a written proposal des- cribing the nature, extent and location of such improvement . Grantee or its successor shall have sixty (60) days from receipt of such proposal in which to grant its approval or disapproval. Failure by Grantee or its ■ BOOK703 is 3 PAGE797 successor to respond within said time period shall be equivalent to approval of such proposal. Date d: July 3 1973. RAHLVES AND RAHLVES 9 INC. , _a California corporation By dyme Grantor OFFICIAL SEAL SYLVIA A. LAKSMAIl '`.f STATE OF CALIFORNIA"(r�' NCTAAY PU;3LIC•CAc_tPc3,N.1A .2 �. County of Contra Costa SS. CONTMA CO--TA CCUNTY =,l County in which acknowledgement it token UT COMAJISSIG8 EXVIAU JUNE :9. 1913 011ju1Y 3. 1973 before ,ne. the undersigned a Notary Public,in and for said" Write or type name o/notary County and State,personally appeared Dennis L. Rahlves known to me to he PreBideQt of the corporation that executed the within instrument and also known to nee to be the person who executed i ehalf f Sticlt corporation and acknowledged to nee that such corporation executed the within instrunlent su t to its by-laws ora sohrtio t to i hoard f directors r e *'If notary is commissioned in another County In addition to tignotu Pe or cin me of n tory strike"said"and name Count• Notan•Public via A. Lakeman (Corporation Grantor) BOOK M53 PAGE786 8 CERTIFICATE OF ACCEPTkNCE sT COUNTT Op CONTXA Co&r dekd "17 the lnt+reat JAI trwa�waveya y d or �l the Grantors oaewty tyeln, to County d Coag Coeta. t uoutieai aubdivdian of { •ter of Caltforals, L berehy accepted by order of the soard of Superelsort ��,. *M tAe 0"Atea awmts to taeoadatloe theraot by Ito duly authtxlaed oltleer, t `'�• p.,.a .2 -746( 14r4 -73- Z X IPA&"-C uWn CIjMx r•�, , NOV DOCUMENT 4 � -2- IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract gc)15, Clayton Area. ) RESOLUTION NO. 73/490 WHEREAS a map entitled Tract 110li property located in theClayton area , having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the eulwz*nt 1972-1973 tax Ilan has been paid in lull, " the 1973-1974 tax Ilea, which became a Ilan on the First day of Ke"h, 19732 is estimated to be $8.-.5w; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 8, of the County Ordinance Code; 3nratg Honda iSBU*d by IInitod Pacific IngUrame COmpa W with Rahlves h Rahlvea, Inc. as priuoipsl, as follows: Send No. V 748.555 in the aaonnt of $37.400 for Faithful !erlbraMMO, mad $37,900 for Labor and materials; Tax Bond Yo. v 74 85 56 In the aw mt of $8,500 guaranteeing pafamt of estimated 1973-1974 tax, ane Cas 19epdsit thediter's �ri0t0=po�t No. 109110 dated Subdivision agreement between Rahlves & nomm, sun subdivider and the County of Contra Costa, wherein said subdiv- ider agrees to complete road and street improvements, etc. , in said subdivision within 1 year from the date of said agreement; RESOLUTION NO. 73/490 Form #23; 70-4-500 NOW, THEREFORE, BE IT RESOLVED that said bondP Md dep"it and the amount! thereof be and the same are hereW APPROITED. BE IT FTMTHEM RBSOL«'D that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement: BE IT FURTHER RESOLVED that said riap be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public ani or the •treetes roads# avof or earl is shore thereon as dedioatod to the public. PASSED AND ADOPTED this_ 3ra day of d 19 73, by the following vote of the Board: AYES: supervisors J. P. Hermy, J. E. moriart y, W. N. Boggess, 3. A. Ltweheldp A. M. Dias. NOES: None• ABSENT: Norte• so ?oblio Works Dirootor plasaift Dis'ootar �bditriiar . Dablvea sad Rahloos, Inc. thtl?�WA&J.RESOLUTION NO. 73/490 �ON e" Form #23; 70-4-500 CERTIFIED COPY I certify that this is a full, true & correct copy of the original document which is on file in my office, and that it was p=scd a adopted by the );card of Juperv.�ors of Contra Costa County, California, on i:1c .tate, shown. ATTEOT: W. T. P.IASCH, county Aerl:&ex-officio clerk of said Board of supervisors, oy deputy Berk• SUBDIVISION AGREEMENT M) Subdivision: 4015 (8. S P. Code §§ZZ6ZZ-12) 01) Subdivider: gah l ves nh l ye orp ora- 1 Effective Date: � 127 tion (Contra Costa County (§1} Completion Period: a ear Standard Form; 8-67) (§4) Deposits: A. (cash) 00. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ 2. (labor,materials) 3 ,900.00 1. Parties 4 Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street imorovements, tract drainage , street signs , fire hydrants , and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements- (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code 5511500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee 4 Maintenance. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429 ; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. In► rovement Security: Deposit & Bonds. Upon executing this Agreement, S-0-divider shall, pursuant to Bus. & Profs. Code §116122 deposit as security with the County: A. Cash: $500 cash; together with B. Sonds, etc. : (Z - Faithful Performance) additional security for at least the above-specified amount , which is the total estimated cost of the work less $500, in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance; plus (2 - Labor 4 Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors , and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as pror-ised in Section 2 : and if, at any time before t'ie County' s resolution of corrrl•_�t_on for the subdivision, the improvement plan ^roves to be inadecuate in any respect, Subdivi- der shall make chances necessar-, to acconr1{sh the work as promised. . -1- 6. So Waiver by County. Inspection of the work and/or materials, or approval or work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from-bring- Ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions , officers , agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters . 8. APPLICATION OF ENVIRONMENTAL IMPACT REQUIREMENTS. By approving and executing this Agreement, Contra Costa County does not certify that the subject Subdivision is in compliance with the recent decision of the California Supreme Court in the case of "Friends of Mammoth vs. County of Mono". By executing this agreement, Sub- divider agrees to save and hold harmless the County from any and all legal action that may be brought because of the aforementioned decision and agrees to defend any such action brought against the County. Subdivider further recognizes that he may be required, during the tenure of this a agreement, to comply with all rules and regulations which may be promulgated to implement the aforementioned decision. 9. COSTS. Subdivider shall pay when due all the costs of the work, including in- spections 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 County Road Commissioner-Surveyor. 11. NONPERFORMANCE AND COSTS. If Subdivider fails to complete the work and improve- ments within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the 'costs and charges therefor immediately upon demand. If County sues to compel per- formance of this agreement or recover the cost of completing the improvements, Sub- divider shall pay all reasonable attorneys' fees, costs of suit, and all other ex- penses of litigation incurred by County in connc7tion therewith. 12. ASSIGNMENT. If before County accepts these improvements, the subdivision is annexe' to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. -2- STATE OF CALIFORNIA Cnrurtr of Contra Costa Ess. Covnty in which acknowtedaement it taken June 22� 1973 the undersigned On before rrre. .a Norcrn•Puthlic,in and for said'"' ""ite or t"e name of notary County and Stare, persr7nrrltr appeared Dennis L. RahlVes Anntt•rr to ntr to be. t'o"SiCfC of the corporation that erecrncd the within irrstrunrerrt unrl also r to rrre to be the person.,_»-ho executed it on behalf of such corporation and acknowledged to rrre that sur i it,p��gWi� rstnunent purl, rt tto its ky-laws or a resolution of its board of directors PATRICIA N, WILLIAMS a NOTARY PUBLIC CALIFALfPOHirtA "*If notan,is comrrrissr r terC trl q COSTA �QUNTY In addition to tignatvre type or Tint name of notary strike"said"and nam t)et• 22,1974 Notary Public hty t;ommissfatt ExD+ "MI arporation Grantor) �1 i` i x a 13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, COUNTY 0 Fg4rdf SUBDIVIDER: (see note below) RAFILVE S & RAHLVES, IN C. A a Cali forni a 8y corporation Chair 4uors BY of ATTEST= W. T. PAASCH, County Clerk Designate f cial capacity in .the - ex officio Clerk of the Board business) - By l�G r Note to Subdividers (1) Execute Deputy acknowledgment form below; and., (2) If a corporation, attach a certified copy of (a) the bylaws FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board County Counse of Directors, authorizing execution of / this contract and of the bonds required B hereby. Deputy State of California ) as. (Acknowledgment by Corporation, County of ) Partnership or Individual) On , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. Notary Public for said County and State (Subdiv. Agrmt. CCC Std. Form) . (HP-9; Rev. 9-69; 200) -3- r RESOLUTION The following Resolution was duly adopted by the Board of Directors of Rahlves & Rahlves, Inc. at a meeting of said Board of Directory duly held at 1272 Redlands Way, in the City of Con— cord, County of Contra Costa, State of California, on the 22nd day of June, 1973- Whereas, the Board of Directors have authorized Rahlves & Rahlves,Inc. to execute a subdivision agreement and to submit said agreement to Contra Costa County for recordation of the final map on Dana Hills, Tract 4015. Now, therefore, be it resolved that the President and/or Vice President of this corporation be, and they are hereby, authorized to execute Subdivision Agreement, Improvement Bond, Tax Bond and any othere necessary documents that are needed for recording final map on Tract 4015 located in Contra Costa County. I hereby certify that the foregoing is a true and correct copy of the Resolution adopted by the Board of Directors of Rahlves & Rahlves, Inc. on June 22, 1973• r Rahlves & Rahlves, Inc. Dennis L. Rahlves, President PUBLIC WORKS•DEPARTMENT ` VICTOR W. SAUER CONTRA COSTA COUNTY DEPUTY PUBLIC WORKS DIRECTORS PUBLIC WORKS DIRECTOR R. D. BROATCH 6TH FLOOR. ADMINISTRATION BUILDING F. R. BROWN VERNON L.CLINE CHIEF DEPUTY PUBLIC WORKS DIRECTOR MARTINEZ. CALIFORNIA 94553 TELEPHONE 228.3000 R.M. RYGH (RM. 113 COURT HOUSE) June 27, 1973 HP - Subdivision 4015 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of-Subdivision 4015 in Supervisorial District V in the Clayton area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one-year time limit for completion is July 3, 1974. 2, Performance Bond, in the amount of $37,400.00. This bond, together with a $500.00 cash deposit (Auditor's Receipt No. 109110 dated June 26, 1973) is to guarantee completion of road and street improve- ments as required by the County Ordinance Code. 3. Labor and Materials Bond, in the amount of $37,900.00. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1973-74 tax, which became a lien on the first Monday of March, 1973 is estimated to be $8,500. 5. Tax bond, in the amount of $8,500, guaranteeing payment of estimated tax. 6. Letter requesting annexation to County Service Area M-14. The map is submitted for filing by Western Title Guaranty Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, t VICTOR W. SAUER Public Works Director ��BV'JT. PAA SC;-j By OARD Or SUPSRVIgoRa4 Paul E. Kilk ny x0_1CPB:fa uw Assistant Public Works erector cc: Western TitleHighway Planning 7 Guaranty Co. Planning Dept. Construction Division POULTON & ORR BOND NO. U 748555 Insurance Brokers 5050 Broadway ,Oakland, CA '94611 IMPROVEMENT SECURITY BONI) (415) 654-7800 (Faithful Performance t Maintenance, AND Labor 4 Materials) (Calif. Bus . A Prof. Code §11612; Contra Costa County Standard Form) 1. OBLIGATION. (Princival) R VES & RAHLVES INC. a California corporation as Principal, and (Surety)_ _ UNITED PACIFIC INSURANCE COMPANY a corporation organized and existing under the lairs of the State of WASHINGTON and authorized to transact surety business in California, as Surety, hereby Jointly and severally bind ourselves , our heirs, executors , administrators , successors and assigns to the County of Contra Costa, California, to pay it : (A - Faithful Performance, & Maintenance) THIRTY SEVEN THOUSAND FOUR HUNDRED P11D 110/100---- Dollars ($ 37 400.00 ) for itself or any City-assignee under the below-cited subdivis on contract , plus (B - Labor & Materials) THIRTY SEVEIN THOUSAND ITINE HUNDRED and :10/300------ Dollars 037,900.00 . ) or the benefit of persons protected under Calus. & Prof. Code 1 12. 2. RECITALS. The Principal contracted with the County to install and pay for street , drainage , and other improvements in Subdivision No. 4015 , as per man now being filed with the County's Recorder, and to complete said work within Two year(s) from the effective date of said Contract , all. in accordance with State and local lags , rulings thereunder and the subdivision contract. J. - CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improve- ment plan and improvements agreed on by him and the County, then this obliP,ation as to Section 1-(A) above shall become null and void, except that the guarantee of maintenance continues for the one-year period; and if he fully pays the contractors , subcontractors , and persons renting equipment or furnishing labor or materials to them for said work and improvement , and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond;_ and consent is hereby Riven to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code 52819 , and holds itself bound without regard to and independently of any action against principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attorney fees fixed by court to be taxed as costs and included in the Judgment. SIGNED AND SEALED on June 25, 1973 PRINCIPAL SURETY P.PRLlr S A& F.AHLW.5 N a California United Pacific Insurance Company `co By B 10 State of California ) County of Alameda ss. ^''r''^G,'•'�' RY SURETY) On June 25, 1973 the r.erF-n(7 . nnrre (;) is/are signed above for Surety and %ill o ` 5 ii;: for this Corporate Surety , personally appearf s before *ne and acknowledr;cd to me that he/they sJr*ned the name of the Cornoration as Surety and his/ their own name(s) as its Attorneys}- -Fact . OFFICIAL SEAL PEARL K. RHODES �Q= NOTARY PUBLIC • CALIFORNIA Pearl R. es PRINCIPAL OFFICE IN ALAMEDA COUNTY My Commission Expires June 20, 1915 Notary public for said County and SS;ate . . . orm) (NP-115;Re». 5- 72;1"�) EDWAR[f W. LEAL ALFRED P.LOMELI County Treasurer-Tac Collector Assistant County Treasurer- TAX COLLECTOR'S OFFICE Ta:Collector First Installment of Taxes CONTRA COSTA COUNTY First Installment of Taxes Due and Payable Delinquent on the First Day of November on the Tenth Day of December ------------- MARTINEZ.CALIFORNIA ------------_ Second Installment of Taxes Phone 225-3000.Ext.2385 Second Installment of Taxes Due and Payable Delinquent on the First Day of February June 18, 1973 on the Tenth Day of April IF THIS TRACT IS NOT FILED BY OCTOBER 31, 1973 , THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: TRACT NG. 4015 and have detenni.ned from the official tax records that there are no unpaid County taxes hemtofore levied on the property included in the map. The current 1972-73 tax lien has been paid in full. Our estimate of the 1973-7L tax lien, which became a lien on the first day of March, 1973 . is $8,500-00 . EDWARD W. LEAL Tax Collector By: r dl F t�- IL p - 3- �73 W T. PAASCH CLERK GOARO OF SUPERVIS9RS By J O TRA STA COON Oenuty BOND NO. U 74 85 56 POU!TON & ORR _ Insurance Brok-rs 5050 Broad'r.% Oakland, CA 9? (415) 654-78C'' BOND AGAINST TAXES KNOW ALL DUN BY THESE PRESENTS: RAHLVES & RAHLVES, I_iC. , a California THAT .ornoratinn , as principal and (Surety) UNITED PACIFIC INSURANCE COMPANY . a corporation organized and existing under the laws of the State of WASHINGTON and authorized to transact surety business in California as surety are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of EIGHT THOUSAND FIVE HUiJDRED and No/100--- Dollars ($8500.00 ), to be paid to the said County of Contra Costa, for the payment of which well and truly to be made, we and each of us bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. Sealed with our seals and dated this 25th day of June 19 73 The conditions of the above obligation is such that WHEREAS, the above bounded principal is about to file a map entitled Subdivision 4015 r and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said Tract of land covered by said map, which-taxes and special assessments collected as taxes, are not as yet due or payable. NOW, THEREFORE, if the said nrinci al r _ shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered .by said map, at the time of the filing of said map of said Tract, then this obligation shall be void and of no effect. Otherwise it shall re- main in full force RA , effee-L F � LE D HLVES 9 RAHLz.TES , 21�1C. , a Ca3;ifornia c oration • � ��- 3- 73 ��%� �' W. T. PAASCH nited Pacific Insurance Company LC�LLERKBCARtl OF SUPERwSngs � ure y TRA STA — By 7 ,=L;4j ACKNOWLEDGEMENT - - act (BY SURETY) ' State of California ) County of Alameda County in w c acknowledgement is taken On June 25, 1973, before me, Pearl K. Rhodes , a Notary Public, in an or Cou sai nty and State, personally appeared Frank B. Orr known to me to be Attorne -in-fact of the corporation that executed the withIn ns rumen and a so known to me to be the person who executed it on behalf of such corporation and acknowledged to me that such corporation executed the' within instrument pursuant to its by-laws o resolut o of its board of directors. jl OFFICIAL SEALIn IMITE PEARL IC. RHODES name of notary Pearl odes hOiA^'I PLt3llC C:.!_tFORNIA ho—�'R— P'JALl NOTARY ,, .. A1.A7COA COJMY My Commission Expires Jan., 20. 1975 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA April 10 197 3 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 40229 Danville Area ) Deposit: $500 ) Auditor' s Permit No. 89983 ) Dated May 5, 1971 Refund to: ) Bolla Estates ) 3158 Miranda Avenue ) Alamo, California 94507 ) On this Board resolved that the improvements in the above-name Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above . The foregoing order was passed by a unanimous vote of the Board. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 10th day of April , 197,E cc: Public Works (2) W. T. PAASCH, CLERK Subdivider By �lf� t Z'l.�u a;� � Deputy Clerk Helen C. Marshall IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain road as County ) RESOLUTION NO. 72/64 road , Subdivision 4022, ) Danville Area. ) WHEREAS the Public Works Director having notified this Board that construction of improvements have been completed in Subdivision 10229 Danville area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of . establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 1022, Danville area May 11, 1971 (Insurance Company of North America - Bond No. 677376) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 89983 dated Mai 5, 1971 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described road_, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same is accepted and declared to be _ a County road_ of Contra Costa County: r` PRIXCSi= COURT (32/60/0.13) v .a as shown and dedicated for public use on the sap of Subdivision 4022 filed May 13, 1971 in Book 137 of Maps at Page 9, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 8th day of Februar: , 1972 , by the following vote of the Hoard: AYES: Supervisors J. P. Kenny, A. K. Dias, E. A. Linscheid. NOES: None. ABSENT: Supervisors J. S. Moriarty, W. N., Boggess. CERTIFIED COPY I certify that this is a full, true & correct copy of the original dcc,• ment of ,il: is my off", that it ria; i,azrl w RESOLUTION NO. 72/64 mr'=urs o: c cntni C,, t c;,;t jiy, L�tlfor.aa, 01i ccs Recorder 41e uat- 511011.1,L AWLST: V.% t>..Jl.:;CH, county .lehc&ex,fficlo clerk of-1.24 Board of:;upervls;ors, Public Works (2) by deputy cleric. Subdivider `t IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 40220 Danville Area, ) RESOLUTION NO. 71302 Danvwille a amap entitled Tract 4022 , property located in the having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the 1970-1971 tax lien has been paid in full, and the 1971-1972 tax lien, which became a lien on the first day of March, 1971, is estimated to be $2,5001 Letter from the Public !forks Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 8, of the County Ordinance Code; Surety Bonds issued by Insurance Company of Forth America with Frank Bolla and Paul Bolla, as principal, as follows: Bond No. 677376 in -the amount of $16,700 for Faithful Performance, and $17,200 for Labor and Materials; Cash deposit (Auditor's Receipt No. 89983 dated May 5, 1971) in the amount of $500; r Tax Bond No. 3 82 64 66 in the amount of $2,500 guaranteeing t payment of estimated 1971-1972 tsar lien; Great American Ins. Co.; Inspection Fee in the amount of $860; and Subdivision agreement between Frank Bolla and Paul Bolla subdivider and the County of Contra Costa, wherein said su v- ider agrees to complete read and street improvements, etc., in said subdivision within year from the date of said agreement; RESOLUTION NO. 71/302 Form #23; 70-4-500 NOW, THEREFORE, BE IT RESOLVED that said bonds and d gaits and the amounts thereof be and the same are ere y . BE IT FURTRER R�:SOL«D that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the drives, courts, places, streets, roads or easements shown thereon as dedicated to the public. PASSED AND ADOPTED this 11th day of lwI�Sas�_. , 19--A.0 by the following vote of the Boa : AYES: Supervisors A. X. Dias, J. E. Moriarty, W. N. Boggess, Ee A. Linscheid, J. P. Kenny, NOES: None., ABSENT: None. CERTIFIED COPY I certify that this is a full, true & correct copy of the original document v. ich iz on file in my office, and that it was l:a:;sa�d ; adopte:i by the Board of Superv:c_s of Contra C:--ta Cowity, California, on cc: Public Works (2) the date t;ho-wr.. AM1 L; : IV. T. I_`_..SCH, county Planning clerk & offuao cleric of said Board of Supervisors, Subdivider by puty clerk. Frank Bolla and Paul Bolla 3158 Miranda Avenue Alamo, California 9 .507 RESOLUTION NO. 71/302 Form #23; "-4-W PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 226.3000 DEPUTY PUBLIC WORKS DIRECTOR May 10, 1971 Subdivision 4022 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There if submitted for your approval the map of Subdivision 4022 in Supervisorial District III in the Danville area. Accompanying this map and pertaining thereto are the following docu- ments: 1. Subdivision Agreement. Expiration date of the one-year time limit for completion is May 11, 1972. 2. Performance Bond in the amount of $16,700. This Bond, together with a $500.00 cash deposit (Auditor's Deposit Receipt No. 89983, dated May 5, 1971), is to guarantee completion of road and street improvements as required by the County Ordinance Code. 3. Labor and Materials Bond in the amount of $17,200. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1971-72 tax, which be- came a lien on the first Monday of March, 1971, is estimated to be $2,500.00. S. Tax Bond in the amount of $2,500.00 guaranteeing payment of estimated tax. The map is submitted for filing by Financial Title Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. RECEIVED ECEI� TE D Very truly yours, A! �+1 VICTOR IV. SAUER j 11971 Public Works Director W. B PAASCH y CLERK BOARD OF UPERVISOR;, $Y C N '_ ePU*y Paul E. Kilkenny Assistant Public Works Director BJK:fa Highway Planning cc: Financial Title Co. Planning Division Construction Division [�l y STATE OF CAW ORM CoLMy pF Centra Cesta SS- om May 6. 1971 fit► It ilie it tmd fw mW stme, p mm u* qw mma Frank Bolla and Paul Bolla i<mnrta M mts to be the s wwwom-1 are mmbwrd-d to the .i" immtrm m m.d wkmovte sw dw they executed the sero—VIOLA M. OLSEN w+1TNESS my ow Quid mat. NOTARY PUBLIC-CALIFORNIA COUNTY OF COMMA COSTA Viola M. Olsen Ntmme tTnd a PriNed) %mm -General BOND No- 677376 PREMIUM: $258.00'- . Ii PhO�r�r:i�i SECUR-1T': BOND (Fai.tlzzfu1 Fc fovma�:ce & Maintenance, AND Labor & Materialz;) (Calif. Bus. & P"Of. Corm 571612; Contra Costa County Standard Form) 1. OBLIGATION. (Pri.rci•paZ) FRAM{ BOLLA and PAUL BOLLA as Principal, and( 1!21J 1) INSURANCE COMPANY OF NORTH AMERICA a corporation organized and c.:isting under the la. s of the State of PENNSYLVANIA and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs , executors , administrators, successors and assign: to the County of ..ontra Costa, California, to pay it : (A - Faithful Performance,, & Mainc'enance) o SIXTEEN THOUSAND SEVEN HUNDRED AMID NO/100THS- - - - - - - - Dollars ($3-6,-700"00- - ) for itself or any City-assignee under the below-c ted subdivision contract, plus (B - Libor & Materials) SEVENTEEN THOUSAND TWO HUNDRED AND NO/10OTHS- - - - - - - - -Doll ars ($17,200.00- - -) for the benefit of persons protected under Cal. Bus. &Prof.Code§11612. ` 2. RECITALS. The Principal contracted with the County on may. 11, 1971 to instal-1--and pay for street, drainage, and other improvements in Subdivi- sion No. 4022 , as per map now being filed with the County's Recorder, and to complete said_titiork within ONE YEAR from said date, all in accordance ►with State and local laws, rulings thereunder and the subdivision contract. N. 3. CONDITION. If the Principal faithfully performs all things required of him actor ing to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation_ as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect . No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on May 11, 1971 PRINCIPAL SURETY By: 4 ,k/ INSURALCEMTANY OF NORTH I y fi By ole, i� t By , ATTUE - WAUP State of California ) ss, Country of Alameda ) (ACKNOWLEDGhENT BY SURETY) On May 11, 1971 the persp (s) whose name(s) is/are signed above for Surety and who is known to me to ,be the Attorney(s)-in-Fact- for this Corporate Surety, personally appeared before me and a�kno�;ledged to me that he/they signed the name of the Corporation as Surety/,Pnd h 'heir own name(s) a 1 — S ac, i t hvi l•",.LC _;),J;q y ;Z Rubilda L. Herrera a ,.a.tsBt Notary Public for said C my and State .. Bond., CCC Std.Form) (HP-15;Rev. 8-6:; 200) ' EMMETT HITCHCOCK EDWARD W LEyL. •JR ASSISTANT COUNTY'TREASURER.TAX COLLECTOR TAX COLLECTOR'S OFFICE couNT. TREASUR[R TAR COLLECTOR PNONI 228.1 nO ALFRED P LOMELI ,, ERT . 2387 CONTRA COSTA COUNTY TAR O-.E —NAQER FIRST INSTALLMENT Of TARES FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 OELJNQUENT DUE AND PAYABLE (yfTi ON THE TENTH DAY Of DECEMBER ON THE FIRST DAY OF NOVEMBER May , l9(.L _ _ 1 SECOND INStALLM[hT Of TALES SECOND INSTALLMENT OF TAXES DELINQUENT DUE AND PAYABLE ON THE TENTH DAY OF APRIL ON THE FIRST DAY OF FEBRUARY IF THIS TRACT IS IDT FILED H7 OCTOBU 31, 1971, IRIS LET= IS VOID R This will certify that I have examined the sup of the proposed subdivision entitled: MCT NO. 4022 and have determined from the official tax records that there are no unpaid County taxes heretofore levied an the property included in the map. The current 1970-71 tax lien has been paid in full. Our estimate of the 1971-72 tau lien, which became a lien on the first d&y of March, I=, is $ 21500.00 . EMTT HITCHCOCK Redaiption Off r By: y dl STATE OF CAU FORMA SS. fomy of Contra GOata Ola May 6, 1971 y ' e �, � i�r amsum. �Frank Bolla, Paul Bo33a and Shirley a Mra«rs to 6e the pettwi 9 tdtMre aww$ are mhmibed to 11. .kwo iaww"m ad &&ww d pd the they tttttttttltwtO1111tll�M�f11111f1� e:ecoed tie a.e. VIOLA M. OLSEN met COUNTY FUBUC•CAUFQRNU► COUNTY Oi CONTRA COSTA MyCcrn:nissicnExOmOv-23.1971 Viola M. Olsen Mum (T*i w l4iMd) w.m -Genera{ BOND AGAINST-TAXES • BOND NO- 3 82 64 66 PREMIUM: $25.00 KNOW ALL MEN BY THESE PRESENTS: THAT FRANK BOLLA, PAUL BOLLA AND SHIRLEY BOLLA as principals and GREAT A14ERICAN INSURANCE COMPANY as surety are held and firmly bound unto the County of Contra Costa, State of California in the penal sum of TWO THOUSAND FIVE HUNDRED AND NO/100THS- - - - - - - - - - -DOLLARS $2,500.00) to be paid to the said County of Contra Costa for the payment of which we and each of us bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. Sealed with our seals and dated this 5th day of MAY , 1971. The conditions of the above obligation are such that WHEREAS, the above bounded principal is about to file a map entitled TRACT NO. 4022 and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said Tract of land covered by said Map, which taxes and special assessments col- lected as taxes, are not as yet due or payable. Now, therefore, if the said FRANK BOLLA, PAUL BOLLA AND SHIRLEY BOLLA shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said Map at the time of the filing of said Map of said Tract, then this obligation shall be void and of no effect. Otherwise it shall remain in full force and effect. Frank Bolla Principal Shirley Bol'. a✓ Principal GREAT AMERICAN INSURANCE COMPANY Paul Bolla Principal Surety BY ' W� Fr. MINUCIE, ATTORNEY- N-FACT - STATE OF CALIFOIUNIA ss. County of Alameda On this 5th day of May , in the year 1971 ' before me, Rubilda L. Herrera a Notary Public in and for said state, personally appeared WALTER F. MEEKLE known to me to be the person whose name is subscribed to the within in rr nr as the Attorney-in-Fact of the Great American Insurance Company, and acknowledged to me that he bs ibed the name of theGreat�Ameri an In- surance Company, thereto and his own name as Attorney-in-Fa j rRA \.�``_ �ci •, i"�c; 1.-. .'r.:X1.5 u ary-Public ix and or9a-id t e My CommissioQ expires -- 5959A 12-66(CALIFORNIA ACKNOWLEDGEMENT FORM) SUBDIVISION AGREEMENT (§1) Subdivision: 4022 (§1) Subdivider:Frank Bolla and Paul (B. & P. Code §§ZZ611-Z2) Bolla 1Effective Date:May 11. 1971 (Contra Costa County (§1) Completion Period: One Year Standard Form; 8-67) (§4) Deposits : A. (cash 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $16 700.00 2. (labor,materials) 17.200.00 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code H11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free from de ects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: De osit & Bonds. Upon executing this Agreement, Subd1v1der shall, pursuant to Bus. & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (Z - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section 2; and if, at any time before the County' s resolution of completion for the subdivision, the improvement plan proves to be inadequate in any respect, Subdivi- der shall make changes necessary to accomplish the work as promised. 1 LE ® -1- E ;',NY. . PAASCH CLEM BW O GI 2WjtvjVA3 I ,=aiK__(�� "T J 6. No Waiver by County. Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and. conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters . d. Costs. Subdivider shall pay when due all the costs of the work, incl'u�ng inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements, the subdivision-3s annexed to a city, the County may assign to that city the County' s rights under this agreement and/or any deposit or bond securing them. Z2. Record Map. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances. -2- 4 STATE OF CAUFElllt"iiA SS. C!O[INlY OFn•••• j MetT 3, 19'tlso.pTca " Pty is ,~x lic..W � 1�`�► u Stair. 0- to be the Pans to the risLiN itrt+tr+rtwert ! ac3E�rsrrleip d tit je --- VIOLA M. OLSEN aueaaed the o.ta NOTARY PUBLIC-CALWgRMIA ♦i'lNESS tad sfWW sad nfr / COUNTY OF CONTRA COSTA Mir cotw9som Eqk"Or-2L toll Viola M. Olsen NOW tfiro W Pro") JW �..ia -Ge+areal K: COIMW OF CONTRA COSTA S.UUBDIVIDER: (see note below) BY J/oltkJ C a rman, Board 'of Supero ors Bolla Q :W �G4 � ATTEST: W. T. PAASCH, County Clerk & ex officio Clerk o the Board Paul Bolla BY i. - Note to Subdivider: (Z) Execute Deputy acknowledgment form below; and (2) If a corporation, attach a JOHN B. CLAUSEN certified copy of (a) the by- FORM APPROVED: JLMI KXKXXI48LIX laws or (b) the resolution of DI1767t (Y�xXXACI �E the Board of Directors, authori- Co ty Co el zing execution of this contract BY and of the bonds required hereby. Deputy State of California ) ss. (AcknowZedgment by Corporation, County of ) Partnership or Individual) On , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and ac- knowledged to me that he executed it and that the corporation or partner- ship named above executed it . Notary Public for said County and -,91ta,te (Subdiv. Agrmt. CCC Std. Form) (BP-9; Rev. 8-67; 200) _3_ look IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA February 26 1971 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4029, San Ramon Area ) Deposit: $500 ) Auditor's Permit No. 87917 ) Dated January 28, 1971 ) Refund to: ) Albert Seeno Construction Company ) 3890 Railroad Avenue ) Pittsburg, California 94565 ) On December 7, 1971 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. PASSED AND ADOPTED by a unanimous vote of the Board. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 26th day of February , 1972 W. T. PAASCH, CLERK cc ; Public Works (2) Subdivider r t6c i & , By 1 � !lkDeputy Clerk Helen C. Marshall IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain road s as County ) RESOLUTION NO. 71/834 roads, Subdivision h029, ) San Ramon Area. ) WHEREAS the Public Works Director having notified this Board that construction of improvements have been completed in Subdivision 4029, San Ramon area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 1 4029, San Ramon Area February 9, 1971 (General Insurance Cormany of America - Bond No. 732812) n BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 87y17 dated January 25, 1971 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads, having been heretofore dedicated to public use by the filing of (� map in the office of the County Recorder, be and the same are accepted and declared to be _ County roads of Contra Costa County: 19TTr RY AVENUE (36/56/0-17) HERITAGE PLACE ( 3215210.04) LEXINGTON PLACE ( 32/52/0.05) PETAR PLACE ( 32/52/0.02) as shown and dedicated for public use on the map of Subdivision 4029 filed February 10, 10,71 in Book 135 of Maps at Page 6, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 7th day of December , 197 1 , by the following vote of the Board: AYES: Supervisors A. X. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, J. P. Kenny. NOES: None. c L.is 'iFIED COPY I certify that this is a full, true & correct copy of ABSENT: None. the original dbcument%0iich is on file in my office, and that it was x- arlouted by the Board _ Supervisors of Corit:•a Costa Cota2tg, California, on the date shown. ATTEST: V..'. T. PAASCH, counts clerk.&ex-officio clerk of said Board of supervisors. RESOLUTION NO. 71/834 by deputy clerk. cc: Recorder t Public Works (2) ��_...�1� :_:......_.. nn ��./.y7�--. Subdivider - 1\ u � In the Board of Supervisors of Contra Costa County, State of California (1� March 30 1971 In the Matter of Authorizing Acceptance of Consent to Dedication for Recording, San Ramon Area, �- Subdivision 4029. On motion of Supervisor J. E. Moriarty, seconded by Supervisor A. M. Dias, IT IS BY THE BOARD ORDERED that the ` following listed instrument entitled "Consent to Dedication" dated February 22, 1971 be accepted for recording only, and this Board directs the Clerk to record a certified copy of this acceptance together with said instrument: Grantor Description Pacific Telephone and Telegraph (consenting to the dedication ` Company of all streets within Sub- division 4029 where they hold prior easement rights.) Location: Along Kittery Avenue east of Broadmoor Drive. R The foregoing order was passed by the following vote of the Board: AYES: Supervisors A. M. Dias, J. B. Moriarty, W. H. Boggess, E. A. Linscheid, J. P. Kenny. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order @ -ima on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Recorder (via P.W.) Supervisors Public Works (2) affixed :his 30th �y of March . 19 71 Planning Administrator - W. T. PAASCH, Clerk By /•Zz� !✓ Deputy Clerk Ruth H 24 8/70 IOM IN THE BOARD OF SUPERNTISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 4029, San Ramon Area. RESOLUTION N0. 71/84 WHEREAS a map entitled Tract 4029 , property located in the San Ramon area, having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1970-71 tax lien has been paid in full; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 8, of the County Ordinance Code; Surety Bonds issued by General Insurance Company of America with Albert D. 3eeno Construction Co., as principal, as follows: Bond No. 732812 in the amount of $489500 for Faithful Performance, and $499000 for Labor and Materials to guarantee completion of public road and street improvements; Cash deposit (Auditor's Receipt No. 87917 dated January 28, 1971) in the amount of $500; Inspection Fee in the amount of $2,450; and Subdivision agreement between n Co. subdivider and the County of Contra Costa, wherein sai sub v- ' ider agrees to complete road and street improvements, etc. , in said subdivision within l year from the date of said agreement; RESOLUTION NO. 71/84 Form #23; 70-4-500 NOW, THEREFORE, DE IT RESOLVED that said bond a and deposits and the amounts thereof be and the same aro hereby- BE IT FURTHER 3ESOL«D that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreemen BE IT FURTHER RESOLVED that said reap be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements shown thereon as dedicated to the public. PASSED AND ADOPTED this 9th day of February , 1971 , by the following vote of the Boa�� AY-S: Supervisors A. M. Dias, J. ", Moriarty, W. N. Boggess, E. A. Linscheid, J. P. Kenny. NOES: None. ABSENT: None, CERTIFIED COPY I certify that tl:is Is a full, true & correct copy of the wi- ;:.-Ial dutni x..: w';;,%1 on file to my office, and that i. .. ;;.. c..I ,. 1 !- ',%a i:oard of superVI .... C,;..,__ C: _l'. i'•_t :'.. C,..wcr:a r, on the d:±tl _. `,v. !'_.fi..:v 11, co:nty clerk Les-c .._i, _:eri:c: !d L'. of.;upury!sors, Y by :<t` cIcrl�- on � 1171 cc: Public Works (2) Planning Subdivider Albert D. Seeno Construction Co. RESOLUTION NO. 71/81 3890 Railroad Avenue Pittsburg, California 94565 Form #23; 70-4-50 SUBDIVISION AGREEMENT (§1) Subdivision: 4029 (§1) Subdivider: Albert S. Seeno (B. & P. Code §§116ZZ-Z2) Construction Co. a partnership 1 Effective Date: February 9, 1971 (Contra Costa County (§1) Completion Period: one year Standard Form; 8-67) (§4) Deposits : A. (cash) 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ 489500.00 2. (1abor,materials) s • Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street imorovements, tract drainage, street signs, fire hydrants, and all improvements as reauired by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements- (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . B. Bonds, etc. : (I - FaithfuZ Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount , which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors , and to persons rentin equipment or furnishing labor or materials to them or to the Subdivider. 5. Warrantu. Subdivider warrants that said improvement plan is ade- auate to accomplish th e •!ork as promised in Section 2 ; and if, at any time before t'ie County' s resolution of ccs~I .rt_on for the subdivision, the improver^ent plan proves to be inadeeuate in any respect , Subdivi- der shall make chanL-es necessar7 tc acco-irlish the work as promised. RECEIVED DEC? 4 1970 -1- i 6. No Waiver by County. Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials , or payments therefor, or any combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from-bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 6. Costs. Subdivider shall pay when due all the costs of the work, incl-u-M g inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. Z2. Record ?bac. In consideration hereof, Counts shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances . r2- LED PAASCH ;EN_T�R BOARD CF SUPERVISORS 0 ACOUNTY BYze-!�L Eeputy CGd#JY OF CONTRA STA SUBDIVIDER: (see note below) partnership Albert rt S. Seeno Copstruction Co., a / By By: Albert D. Seeno Construction Co. Inc. , Ch rman, Board of S ervi s _ on, enera Partner By ATTEST: W. T. PAASCH, County Clerk Designate official capacity in the ex o icio Clerk of the Board business) Albert D. Seeno, President Atte to Subdivider: (1) Execute Deputy acknowledgment form below: and (2) If a corporation, attach a certified copy of (a) the bylaws FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board County Counsel of Directors, authorizing execution of this contract and of the bonds required By hereby. i Deputy State of California ) ss. (Acknowledgment by Corporation, County of C...+- ) Partnership or Individual) On Tait—cs " 1971 , the person(s) whose name(s) is/are signed above for Subdivider andWho is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. Sue Rochelle Notary Public for said County and State (Subdiv. Agrmt• CCC Std. Form) (HP-9; Rev. 9-69: 200) I :+ SUE ROCHEL LE }{111� �! NOTA+Y PUEL!C-CALIFORNIA {A CON;RA C3SCA COUNTY ?' My Com.Exp.February 26.1972 < i PUBLIC WORKS DEPARTMENT VICTOR W. SAUCONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER.SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 220.3000 DEPUTY PUBLIC WORKS DIRECTOR February 8, 1971 Subdivision 4029 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 4029 in Supervisorial District III in the San Ramon area. Accompanying this map and pertaining thereto are the following docu- ments: 1. Subdivision Agreement. Expiration date of one-year time limit for com- pletion is February 9, 1972. 2. Performance Bond, in the amount of $48,500. This Bond, together with a $500 cash deposit (Auditor's Deposit Permit No. 87917) dated January 28, 1971) is to guarantee completion of road and street improvements as required by the County Ordinance Code. 3. Labor and Materials Bond in the amount of $49,000. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property. The map is submitted for filing by the Western Title Guaranty Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAUER Public Warks Director BY L Paul E. Kilkenny Assistant Public Works Director PEK:fa Highway Planning cc: Western Title Guaranty Company Planning Department Construction Division 'i STATE OF CALIFORNIA ) ` t ) SS COUNTY OF CONTRA COSTA ) On this27th day of� J_,.nu.ry __.�_ _-__ 19 � , before me,_ Sug RQ 11• ____ a Notarti Public in and for said count% and state, personally appeared ALBFRT D. SEENO, known to me to be the President of the corporation that executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the partners of ALBERT D. SEE\0_CONSTRUCTI_ON CO. , the partnership that executed the within S instrument and ackdg nowleed to me that such corporation executed the same as such partner and that such partnership executed the same. SUE ROCHELLE 111 Notary Public Sw R � ,'" .;• i;"aFY FU?t'.�-CdLIFRRNSA 1I - .. oC1]llZe 11 CONTRA CJSZA COUNTY r Mv rom.L.p.rcbT»TY 26.1972 Bond No. : 732812 .„f Premium $490.00 IMPROVE:-1E:v'T SECTJRITY BOND (Faithful. Performance & Maintenance, AND Labor & Materials) (Calif. Bus. & Prof. Code §11612; Contra Costa County Standard Form) Z. OBLIGATION. - (PrincipaZ) ALBERT D. SEENO CONSTRUCTION -CO. " -a "Aartnershi " ' . "as Principal, and (Surety) GENERAL INSURANCE COMPANY OF AMERICA a corporation organized and existing under the laws of the State of " Washington and authorized to transact surety business in California, as urety, eai reby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintei,ance) FORTY EIGHT THOUSAND FIVE HUNDRED . . . . Dollars ($48,500 ) for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials) FORTY NINE THOUSAND Dollars ($ 49,,000- for 9,000 for the benefit of persons protected under Cal. Bus.&Prof.Code§ll 12. 2. RECITALS. The Principal contracted with the County on to install and pay for street, drainage, and other improvements in Subdivi- sion No. 4029 , as per snap noir beingfiled with the County's Recorder, and to complete said work within one year from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. % 3. COWDI`TION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and •improvements agreed on by him and the County, then this obligation -as to Sec-ion 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to thein for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) , above shall become null and void; otherwise this obligation remains in full force and effect. 'No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included ,in the judgment. SIGNED AND SEALED on January 26. 1971 PRINCIPAL oartnershin SURETY Alter- t D: Seeno Construction Co. , a / Albert D. Seeno Censtructicn Co. , Inc". , GENERAL INSURANCE COMPANY .OF AMERICA aa rn a corpora _on By Z> ., By Albert D. Seeno, President Carl H. Kuhn, Attor y-in-Fact * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * State of California ) ss, County of San Francisco ) (ACKNOWLEDG1,ENT BY SURETY) On January 26, 1971 , the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorneys)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Co oration as Surety and his/their own name(s) as its Donna M. Crnich Im ' 1974 Notary Public for said County and State ( Sge Bflrd�CCC_.s�4d, s (HP.1 8-67; 200) GENERAL. INSURANCE COMPANY OF AMERIQA Home Oiirce:43-17$roolfyn Awe.N.E.,5earr1c.A'ash,n9ron 96.'03 SAFE �.�. INSURANCE - POWER OF ATTORNEY No. 1124-!i KNOW ALL MEN BY THESE PRESENTS: That General Insurance Company of America, a Washington corporation, does hereby appoint -------------------------�WL Il. VIIHN, San Francisco, California--------------------- its alifornia--------------------- its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its busi- ness, and to bind General Insurance Company of America thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, General Insurance Company of America has executed and attested these presents Eli s. 11 day of March �.// /�/ .�Niv►SLG/-�GGC../ Ss;:c TAR, CERTIFICATE Extract from the By-Laws of General Insurance Company of America: "Article VI, Section 13. — FIDELITY AND SURETY BONDS . . . the Chairman of the Board of Directors, the President, any Vice President, and the Secretary shall each have authority to appoint individuals as attorneys- in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by Elie company in the course of its business. "The power of appointment granted in this paragraph to the officers enumerated may be exercised by each of them severally, regardless of the availability or unavailability of the other officers enumerated. On any instrument making or evidencing such appointment the signatures may be affixed by facsimile. "On any instrument conferring such authority or on any bond or undertaking of the company the seal, or a facsim- ile thereof, may be impressed or affixed or in an• other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." I, W. D. flammersla, Secretary of General Insurance Company of America, do hereby certify that the foregoing is a true and correct copy of Article VL Section 13 of the By-Laws of said corporation and of a power of attorney ex- ecuted pursuant thereto and that both said By-Laws and said power of attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 26th day of January 5��E COMp♦yo s CIR MATE al SEAL M X SECRETARY O X923 a S-942 R2 10/67 PRINTED IN U.S.A. ?uFECO in—co.p.,v d A-,IL,.Ka•r.a r r�..,K. EMW-TT HITC14COCK . EDWARD W l6AL JR. COUNTY TKEAFURER.TAX COLLECTOR ASSISTANT' TAX COLLECTOR'S OFFICE COUNTY TREASURER TAX COLLECiOR PHONI" 220.``00 ALFRED P LOMELI EXT Cl•'S-:]rR.287 CONTRA COSTA COUNTY TAA OFFICE MANAGER FIRST INSTALLVENT 01 T-FS FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 OLLINOYEN7 DUE AND PAYABLE ON TMC TENTH DAY OF DECEMBER ON THE FIRST DAY OF NOVEMBER February 19 1971 SECOND INSTALLMENT OF TAXES SECOND INSTALLMENT OF TAXES DELINQUENT DUE AND PAYABLE ON THE TENTH DAY OF ARIL ON THE FIRST DAY OF FEBRUARY IF THIS TRACT IS NOT FILED BY FEBRUARY 28, 1974 1HIS LETTER IS VOID This will certify that I have anained the rp of the proposed subdivision entitled: TRACT NO. 4029 and have determined from the official tax records that there are no unpaid county taxes heretofore levied on the property included in the map. The current 1971 tax lien has been paid in full. ENKM HITCHCOCK Redemption 0 cer By: Deputy dl IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA May 8 , 1973 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4030, Alamo Area ) Deposit: $500 ) Auditor's Permit No. 85206 ) Dated September 25, 1970 ) Refund to: ) John Osmundsen ) 2076 Mt. Diablo Boulevard ) Walnut Creek, California 94596 ) On March 7, 1972 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. The foregoing order was passed by a unanimous vote of the Board. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 8th day of May , 19�3 W. T. PAASCH, CLERK cc : Public Works (2) Subdivider By /�.�C , Deputy Clerk Helen C. Marshall IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain roads as County ) RESOLUTION NO. 72/150 road s, Subdivision 4030, ) Alamo Area. ) WHEREAS the Public ..Works Director having notified this Board that construction of improvements have been completed in Subdivision 4030, Alamo area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of- the subdivision map; NOW, THEREFORE, BE IT RESOLVED that to improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 4030, Alamo Area September 29, 1970 (Fireman's Fund Insurance Company - Bond No. 6235076) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 8 206 dated Seote;rbor 25, 1970 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads, v having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be County roads of Contra Costa County: SARATOGA COURT (32/50/0.03 mile) CHERRY HILLS COURT (32/50/0.05 mile) JOSEPH DRIVE (32/50/0.08 mile) 0 STONE VALLEY ROAD WIDENING as shown and dedicated for*public use on the i.lnp of Subdivision 4,030 filed September 30, 1970 in Book 133 of ?daps at. Pa9.1 ge 8, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 7th day o :I:trch , 197?, by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. X. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. NOES: None. CD-RTIFIED COPY ABSENT: None. I c,•rtii; that u:is is a full, true do correct cony or i the cronai c:ocumaat %vm ii l.s on mw it: lay w i ti., I and tl::.t :t t:a-i p•:;:+c1 : i Su;er%"O:a u: c:cntra C......► tao t=a .h.:ts:. AT:i::ST: clask ur raid G/.:rd u;'zupen•i,urs, RESOLUTION NO.' 72/150 cc: Recorder 1 Public Works (2) { Subdivider : i ' F IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdiviaion MAP of ) �?0/618 TraWON, Alamo Area. ) RESOLUTION NU. WHEREAS a map entitled Tract 4030 , property located in th#Aamo area , having been presented to this Board for approval, saia map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid Cour taxes heretof e r t included pin he D� and hit u�a� � ��-4�7�'ta� Y� y has been paid ful, andhe 1��1971 tax lien, Which became a lien on the first day of March, 1970, is estimated to be $3.500; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4, Title 8, of the County Ordinance Code; Surety Bands issued by Fireman's Fund Insurance Coslpany with Ray P. Mathews. John 0. Osmundsen and Janet Osmundsen, as principals, as follows: Bond No. 6235076 in the amount of $30,800 for Faithful Performance, and -.31,300 for Labor and Materials to guarantee completion of public road and street improvements; Cash deposit (Auditor's Receipt `Io. 85206, dated September 259 1970) in the amount of $50u; Tax Bond No. 6234925 in the amount o£ 3,500 guarantee- ing payment of estimated 1970-1971 tax lien; Inspection Fee in the amount of *1,565; and Subdivision agreement bety2e Rey P. Mathews, John Me Osmundsen and Janet Osmmundsen, 0 reek* subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete road and street improvements, etc., in said subdivision xin year from the date of said agreement; RESOLUTION NO. 70/618 Form #23 NOW, THEREFORE, BE IT RESOLVED that said bond s and deposits and the amounts thereof be and the same are hereby APPROVO. BE IT FIIRTRiM RTSOLlvD that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the drives, courts, piaees or easements shown thereon as dedicated to public use. PASSED AND ADOPTED this 29th day of September , 19 70 , by the following vote of the Boar�— AYES: Supervisors J. P. Kenny, A. H. Dias, J. F. Moriarty, E. A. Linscheid, T. J. Coll. NOES: none. ABSENT: Nona, CERTIFIED COPY I certify that tlaz is a full, true & correct copy of the oil.-final docuinLnt -Ilio:: is on f1Ie in r:y office. and that it iraz pv�:scd F adolAeJ by ti-,c hoard of 9nper:isors of coat'-- cotta county, califoraia., on the date s-mv.m. A=1 ;:,ST: W'. T. 1%,l>,scf-I, county cc: Public Works (2) clerk.t:e::officio cierit of said Co='d of Supervisors, Planning by de uty clerk. Subdividerg �� RESOLUTION NO. 701618 Form #23; 7U.4-500 . BOND NO'. 62350T6 IMPROVEMENT ISECURITY BOND PREMZTIM: 313.00 (Faithful Performance, AND Labor & Materials) (Calif. Bus. & Prof. Code 'Dec. 11612; Contra Coota County Standard Form) 1, OBLIGATION. Ray P. Mathews, John 0. Osmundsen and Janet Osmundsen as Principal, and (Surety) FIR]WAN'S FUND INSURANCE COMPANY a corporation organized and existing under the laws of the State of CALIFORNIA and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance) THIRTY THOUSAND EIGHT HUNDRED AND NO/100ths - - - - - - -Dollars ($ 30,800.00- - ) for itself or anyCity-assignee pursuant to the subdivision contract referred to below, plus (B - Labor & Materials) Tmwy n7w TFtntiqnNil TARFF' TiiTNi)R aNT� Nn/lOQths - - -Dollars ( 0.00 - -) for the use and benefit of persons entitled thereto under California Business and Professions Code Section 11612. 2. RECITALS. The Principal contracted with the County on September 22, 1970 to install and pay for street improvements, tract drainage, and other improve- ments as required by the County's Ordinance Code and the approved improvement plan of Subdivision No. ),n3() , as per map now being filed with the County's Recorder, and to complete said work within I -nnP An-Ry' from said date, in accordance with applicable State laws, County ordinances and rulings thereunder. 3, CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent to make such alterations without further notice to or consent by Surety is hereby given; and the Surety hereby waives the provisions of Calif. Civil Code Sec. 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney's fees as fixed by the court to be taxed as costs and included in the judgment. SIGNED AND SEALED on —Sap+,�-2qy 1970 PRINCIPAL SURETY Lwers AM�2 A—f�CODQ?ANY tnln�, smundsen By_�, By . Janet Osmundsen WALTER - State of California County of ALAMEDA ss (ACKNOWLEDGMENT BY SURETY) On September 29, 1970 the person(s) whose name(s) is,/are signed above for Turety and who is known to me to be the Attorney s)-i `--Fact for this Corporate Surety, personally appeared before and ackn w edged to me that he/they signed the name of the Corporatiot�- as�Surety an ;'hs/their Im name(s) as its Attorneys)-in-Fact. Notary Public for said County and State (Imp. Sec.Bond,000 Std.Foiqi��}.t+It+aaizlz:znlltrnzlruc zuceul+l HP-15;Rev.B-64;500) / f.: _ G ;;L'.� = ' G0;rZALES � I' ; Baa, ?"-3LIC AL,-%'-LDA COUNTY, CALIF. �ILIIiitlt/ii1t11 i:i:tittilLitillittllllitltltflt MY Commission cxpires Oct.25,19/1 SUBDIVIS1014 AGFP,E:ViENi (§1) Subdiv3:ion:_1030 _ !B. . (51) Subdivider Ra oi P. Mathews, Jn P. M. CG\fie §§ZZt�Z1-Z2) Osmundsen and ane mundsen"` tive Jake:_ gl ._ (Contra :^osta• Cou,Ft?� (§l} rom.,letior. Period: bk Standar:a -Form; 8-67) (64) Deposits: A. .(cauh)'500. B. (bonds, etc. ) 1. (faithful perms. & maintenance) 30.800.00 2- (labor,materials)-$ 1�30c%oo 1. Parties a Date. Effective on the above. date, Uie County of Contra Costa, California, hereinafter called "County H, and the above- .named Subdue'der, mutually promise and agree as follows concerning. this stAbdivislon: 2. Improve Il ts. Subdivider shill ccrstrucL' , install and .ronit)lete road and street improvements, tract drainage, street signs, faire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 81100 and followring) Pilo ineludinr future amend:gents, and all improvements 'required in the approved improirement pian of this subdivision on file in the County':' Public Works '.Department. Subdivider shall complete this icor:: and improvements (hereinafter. called "work" within the above completion period from date hereof as required by W-e Calif. Subdivicion trap Act. (Business. & •Profc.nsions Code 6§11500 and following) , in a good workmanlike manner, i:, aeco, dance with accepted construction practices and in a manner equal or superi.or to reauirements of the Couiittr Ordinance Code and rul.i jUrs mader iuju ni- rt i•in:rtr i:, a uuttiliai. ueLwtrii vitt: -1tuprove±- ment plan and the County Ordinance Ccde, the stricter r6quir.ements- shall govern. 3. Guarantrr t: Ma n• enancg. Subdivider guarantees that the work Is and �.'rii be ._!`'ee from dei eats and s•:' 311:1 nerfoj.-m snt.l.s.factclrily In. accor- dance with County 10rdir mice Crdo 56429; and he sb ll maint.d it it f'ar . one year after its co:r,ulet:iort and acr:`ptance againstanv defective workmanship or materials or any unsatisfactory performance. 9. _I�_m��rov�ee__mer•t ;ecuei•lty; Deposit & Sonds. 'Upon executing this gYveeme�subdivider• shall, pursuant to Bus. & Prof',. Code §1.167.2; deposit as security with the County: A. Cash: $500 cash; totiether with $1$ 65.00 Inspect:Um•Fee . . . • • • B. Bonds . etc. (1 - Fas ihfrtl Perrarman.-O additional :security for at leaat "he above-specified amount-, i-rhich is the total e:;tImat-r:d cost of the vork less $500, in the, for;: of a (gash deposit, a cert•:if.ic!d or cashier's chec.1, or an 'aceeptable corporate surety bona, rcr;trantec.;.1•1!r hie faithful r erformance of this ag•rec mxit- and maintenance of the ;mels mor one year :.'ter completion and accent-ante thereof against: any d -fec- tive workmanshin or materials or an;: ursatinfactory nerior:Dance ; r.11jo (2 - Labor 8 '- atcr als) another such additionhl security in 'at least the above:-spa-Ified amount,, t•:hich is the 'till a.^.rount of said, estimated co.;t, r-e_-urin" •payment iso the c:;li`ractor, to his sti;,contractor.i , and to -:)er onn ren stingy equipment. or furni sting labor or matdrial r, to them Lars to the Su!•rU!v:i.her. {,• •r•r inti t-,.l7 \ 1 , ,.,••h �. .. :• .- _ i \ \/ \.i,.„/, \ ti — �•'_ '� ti;1t'�::3v.i.:•..) .'c:. . . :1L . �l ct r!12 2 sr ,.-rii; n1:.n Z.i • ci'fii ;r�:7.L1e to ace 1,1•-7mn Cc,1,••.m,latllin wc : :. ,:. -1.-b S e: ;ig1 2'' ant] i .:' ^: ;, refo- £ ;f31t., r" o ,U .Jt ... : ,l { 1r i C,:1 t•1he improv:-r - -,: t:lan rc?vt?:, tc• bo f"I'Mc1; der ., r::l rn._., . char . o.. n czups.. •.r .:o ;ri it:, z ..yA sen, ): as rir411'.0. f 113opy , � °F LES . 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On ..:i.th t f :1 lil?t:t _ .^, cove.i'e b- t.r i ._ !- (� n !_ .�_ ,� _`� i- �� •lit ;�' z.i. _:;'- r i, ;-- . a,re^!lit..nt and as 1,v.)_'�.1�_•.v .t�.l. L•�! ___. ,..� ,.). .. . �C.1.�._'y Gd .l•� _. !.r}Y', S1..iv�.onj` i�I�1a /'�R, `•1:7 fl'�' nn1'. ^.t�c.p j- !1� r-. .•I.•, n..� .-,i-• _...-_ nt' .....'�"r� v� :.�:.r:'. land �._r _'C:i.:C1i; in this se(Ct' On 1 C)t. CL ;t: .'ti:.t .Jit C. Ct. t ]r.;. t_� 4:'3C;i; i•. 1:Ui. :3.u•z .4.Y.C-C:1:?eli: has C- pa r CC:, s i zppl I E. � c,r a _ 'C\ e C".. or cd'.: 1lE'C't•10?: i'._Lll is :!5 :':L+}' or Sul`C . _.:;lo-'. Or UL1Zel" ae,a:�:�f'l cation Hca\- .,i !_- z2n�- of taeti ,. ii :.'.!•t t•'1 : . .D._Z tll:� CG_` is o t hc' ..,or > itl 'li�C1J.'!; _.:'spt— t.:_C•sls .hel,ec'- t:1.11t:ie':i T; ,52{3`i)Gl?; `, ;;� ``a!:;.'.I' .,i'!i .Ll .>£?i• i1 Ci I^G:i'Llfi�:?1 :; ._.!1 c CCCII'Ci^ilt. v:1-tin :ll<.. a 7 1:77 r i t,lit? o- ! Iv, cont-ra t, C „ C , z ' ._ '_h G_ _ :;:. ! I:;." ';:: . r J ..�,,•.. ..,,-i; iP t. ., ll,:1 .Ty-'_ .t.,-1 I~F. ,••may. i �.. f!f 11:.. :_ � l' �•e�.l, l.;- _.ti �._ .._. i �: '.. '1.. _- _• ., t,il..... :t•-. ..�..:;il., ,)�- i_•...i._ .'�' ..;i: ._ _• \�• ._ '- 1 ! !jr �.,:. ... ..?'� .. 'J .'.a�Yt t.�' 3, - 0... 1. ._i!':z 1� 1. i'...�.:,.'?' (';! t.__ ._� .. l;a• !.� .. . .._ _%:?t .,....,?>i .. .. t.•J _!li:..l ., :!i? C.`.11: ,:i:i.ICJ;•!. { t. t ELED PAASCH GF SURfiRVtSdR5 O A COU uty COUNTY OF C?t�'Tt�f, COSTA SJBDIVIDCR: (see note below) gy. Ray P. Mathews John M n en�a Chairman, Briar Supervisors Ja t Osmundse I T,.5 T tsi. AH;iSC}#,, County Clark (Dr�sic ,,::te 'f icia capac ty in t3,r: & ex o ff icia Clerk of the Sozrd buoi nc ss) DGpULY ?[ :;'i...f.L+(?!i(t 'ii4 fli;It /�t_tt , (2) Ii' n cu:-eorti^tAon, ai.t;�;h certif iod cagy of (u) the bylrv;F ;htt1 ADPROVED: JOHN B. CLAUcI:N or (b) the rasol.ution of thf3 Pni.t;a Count y Coun l of Directors, euthari.ing execution of this conLrrct and o#"khe bonds rcrttlrwd av hereby. , 'DL-PLA.), + * t; it * 4 * * v # 1; f, a .* * '1 4 ,; * * ! * .R 0 4i ii _State of California ) ss. (Ac,:nc4:i1cd3rient by Corpor,,ti.on, County or Contra Costa ) Pbr4nr,rship or Individual) €#n September 24, 1970 , the pers.pn(s) twhosc name(s) ix./are signed abovo F41r Stt4,Civ.t.ver ;and t:hD is i;nor:n to rup to bU the individun? `Aldi officer r)r nartner us vtvtf:d above who signod this instrument, w-id acknoi:Aedged -o t,a f.hat hes executild it rand thtit the corpora ion or partnership naiad above exacutcd it. 01 I {;t L SEAL SUIDVYH M SDL US •; JUDITH M. BUi.LIS _ Uot-;,ry Public ror t, lid County L"•,r1Ci~ (Suboiv. 4gr.mt: CCC `.ltd. Form) 4,ay. 9--69; 2tr1) n• h PUBLIC WORKS DEPARTMENT VICTOR W. SAUCONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR GTH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR September 28, 1970 Subdivision 4030 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 4030 in Supervisorial District III in the Alamo area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one-year time limit for completion is September 29, 1971. , rA 6& y-k•o .9 cl�- /&/`�C 2. A Surety Bond in the amount of $30,800.00 and a $500.00 cash deposit (Auditor's Receipt No. -95-2206, dated September 25, 1970,)which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended. 3. Labor and Materials Bond in the amount of $31,300.00. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1970-71 tax, which became a lien on the first Monday of March, 1970 is estimated to be -$3,500.00. S. Tax Bond in the amount of $3,500.00 guaranteeing payment of estimated 1970-71 tax. The map is submitted for filing by the Transamerica Title Insurance Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. �C-E1 TED Very truly yours, i �/ VICTOR iti. SAUER SEr 2 `� 570 Public Works Director W. T. PAASCH B � , CLERK BOARD OF T PEOVISORS y f Depu:Y V. L. Cline BY VLC:fa Assistant Public Works Director cc: Title Company Highway Planning Planning Department Construction EMMETT HITCHCOCK EDWARD W.LEAL. J. COUNTY REASUlRCR•TAX COLLECTOR - ASSISTANT TAX COLLECTOR'S OFFICE COUNTY TREASu RER.TAk COLLECTOR PHONI 228•• ^0 ALFRED P LOMELi E.T :'.'"'_2'..`, 238- CONTRA COSTA COUNTY = TA. OF•..E MANA:7En r1.6T INSTALL.ENT Or ..ES r1RsT INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 DUE AND PAYABLE Of LINOUENT ON THE FIRST DAY OF NOVEMBER '1 ON THE TENTH DAY Or DECEMBER SECOND INSTALLMENT OF TAXES September 18, 1970 SECOND INSTALLMENT Or TAXES DUE AND PAYABLE OCLIN0UE14T ON THE TENTH DAY OF APRIL ON THE FIRST DAY OF FEBRUARY IF THIS TRACT IS DDT FMM BY OCTOBER 31, 19 70, TdIS LETTER 13 VMD This will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 4030 and have determined from the official tax records that there are no unpaid County taxes heretofore levied an the property included in the map. The current 1969-70 tax lien has been paid in full. Our estimate of the i`71 tax lien, which became a lien on the first dsyr of March,1970 s is $ 3j,500.00 EMWTT HITCHCOCK Redemption Offi By: Ds dl BOND No. 6234925 PREMIUM: $35.00 . TAX BOND I-4NOW ALL rZN BY I-AESE PRESENTS: That we, Ray P. Mathews, John 0. Osmundsen and Janet Osmundse_ as principal, and PTRWAW T Mn\M TT7GTTRA=. rntuaaVV a corporation, organized and oxiating under the laws of [ha State of raT.TFnRwTA ... as surety, arc hold and firmly bound unto the County of Contra Cosa State of California, in the sum of Three Thousand five Hundred Dollars (S 3. 500. 00 ) . lawful money of the Uaited States of America, for the payment of which sum well and truly to be made to said County of Contra Costa , we and each of us bind ourzalvea, our hairs, executors, administrators, successors aad &&signs, jointly and severally, firmly by these presents, SEALED with our seals and datad this 21 st day of Senternber , 19 70 The conditions of the abova obligation io such that whereas the Abovo bounden principal is about to fila a map entitled • 030 which shall be a subdiviaio: of a tract of 1md in said Countv of Contra Costa , and thera circ certain lions for taxes and special assas&mant collected as taxas againat the tract of land covered by said map. The taxes and spacial asoazzmants collected as taxas are not as yet due or payable. Now, therefom, if the said principal shall pay all of tho taxes and special assessments collected as taxes which are a lien against said tract of land covered by said map at the time of the filing of said map, than this obligation shall be void and of ao effect. Otherwise it shall remain in full force and effect. PRINCZP SURETY: BY: ay matfiews B v- FIREMAN'S FUND INS CE '.f�OMPAl1Y o sen Bv• Q BY:' s ALTER F. NERKLE, ATTORNEY-IN-FACT S':'ATE OF CALIFORNIA ) CSs. COUNTY OF ) State of CALIFORNIA County of ALAMEDA ss On September 21, 1970 before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared WALTER F. MERKLE known to me to be Attorney-in-Fact of FIREMAN S FUND INSURANCE COMPANY the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation execLme. IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal, the and ear stated Zin ve. ptttntttttttutttntuttutt':ua ALES a+a:a = . . My Commission Expires t; t•t Notary Pu tF IY, CA' _ 3 }�C� c G�)Z,%LES 360212-6-86 ion..is ..ct.i: et:• :'cnT`!s» atn �f 3t;iS5i0:7_i t7G'��C'.! ,iS!/ IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA June 5 , 197 3 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4041, Alamo Area ) Deposit: $500 ) ) Auditor's Permit No. 86247 ) Dated November 13, 1970 ) Refund to: ) Elbaco, Inc. ) P. 0. Box 415 ) Danville, California 94526 On September 21, 1971 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained' (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if -any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. The foregoing order was passed by a unanimous vote of the Board. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this th day of June , 197- W. T. PAASCH, CLERK cc: Public Works (2) Subdivider y `��GCX�.� /h.�� B Deputy Clerk Helen C. Marshall IN THE BOARD OF SUPERVISORS G.• CONTRA COSTA COUNTY, S'1AT ZE 0 ' r:.7FGi In the Matter of Completion } of improvements and declaring } certain roads as County } RESOLUTION NO. 71/0600 roads, Subdivision 4041, ) Alamo Area. ) WHEREAS the Public Works Director having notified this Board that construction of improvements have been completed in Subdivision 4041, Alamo area, as -provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: ' Subdivision Date of Agreement �h 40411, Alamo area November 24, 1970 (Fireman's Fund insurance Company — Bond No. SC 6235215) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 86247 dated November 13, 1970 ) be RETAINED for one year pursuant to the requirements of t Section 8429(b) of the Ordinance Code as amended. �i BE .IT FURTHER RESOLVED that the hereinafter described roads, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be _ County roads of Contra Costa County: ROUNDHILL ROAD (40/60/.09) TRACY COURT (32/52/.37) BOLLA AVENUE, (36/50"/.18) as shown and dedicated for public use on the map of Subdivision 4041 filed i'Tovember 25 1970 in Boolk 134 of mans at Page 1 Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 21st day of September 1971, by the following vote of the Board: ' AYES: Supervisors A. M. Dias, J. E. Moriarty, W. X. Boggess, E. A. Linscheid, J. P. Kenny. NOES• `one. t%1�,Iti'1'Ih'IEll COPY I certify that this is a full, true & correct copy of ABSENT: None. the original document which is on file in my offlee, and th-it it was -v N- adopted by the Board of County, California, on CC: Recorder tl a &tt.e shw"-n. .t? T. PAASO;':, count• Public Works (2) clerk&ex-officio clerk of said Board of Supervisors., Subdivider a~c0- '70. 71/63i6r deputy clerk. , In the Board of Supervisors of Contra Costa County, State of California December 1 ' 19 ,70 In the Matter of Authorizing Acceptance of Consent to Dedication for Recording, Alamo Area, Subdivision 4041. On motion of Supervisor J. P. Kenny, seconded by Supervisor A. M. Dias, IT IS BY THE BOARD ORDERED that the following listed instrument entitled "Consent to Dedication" dated October 21, 1970 be accepted for recording only, and this Board directs the Clerk to record a certified copy of this acceptance together with said instrument: Grantor Description Pacific Gas and (consenting to dedication of Bolla Avenue Electric Company at its crossing of the Pacific Gas and Electric Company easement, to satisfy a condition of approval of Subdivision 4041. ) The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, T. J. Coll. NOES: None, ABSENT: Supervisors J. E. Moriarty, E. A. 1inscheid. I hereby certify that the foregoing is a true and correct copy of on order enNred on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and dw S@al of the Board of cc: Recorder (via P.W. ) Supervisors Public Works (2) affixed this 1st day of December19 70 Planning W. T. ►AASCK Clerk B Administrator y Deputy Clerk Ruth novan M 24 SM IOM A J IN THE BOARD OF SUPIRtVISORS OF CONTRA COSTA COUNff, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 1041, Ala= Area. } RESOLUTION NO. 70/781 WHEREAS a map entitled Tract 4% , property located in the Also area , having been presented to this Board for approval, sai3 map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the pproperty inc uded in the and that the current 1970-1971 tax 1140, has paid inti; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the completion of road and street improvements as required by Division 4, Title 8, of the County Ordinance Code; Surety ids issued by Fireman's Fold Insurance Company with Mace& Inc. as principal, as follovat Rood No. SC 6235215 in the amount or $83,700 ter Faithful Perf mance, end $81 ,200 ror Labor and Materials to guarantee completion or public road and street improvements; Cash deposit Auditor's Receipt No. 86247 dated November 13, 1970 in the mount of $500; Inspection Fee in the amount of $110210; and Road Susi`p�� :ween $lbaco, Inco, 3183 Asundhill subdivider and the County of Contra Costa, wherein said sub- divider agrees to complete rel and street improvements, etc., in said subdivision within year from the date of said agreement; RESOLUTION NO. 70/781 Form #23 i i F f NOW, THEREFORE, BE IT RESOLVED that said bonds and deposits and the amount thereof be and the same ars ere y 0 BE IT MTRTFTER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreemeen 7 BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the drives, courts, places, stroots, roads or easements shown thereon as dedicated to public use. PASSED AND ADOPTED this.&IlLday of November , 19..�o , by the following vote of the Beard: AYES: Supervisors J. Fo Zemys J. Z. Mkiriarty, Z. A. Linsohsid, T. J. Coll. NOES: None. ABSENT: 3aporvisor A. M. Mas. l BIVrIFIED COPY 1 certify that this is a full. true do corract oopp of the original document which is on file in my offlM and that it was nnsseri F. adopted by the Board of aunervisors of Contra Costa County, California, on Cot Public Works (2) the date shown. ATTEST: W. T. PAASCH, county Planning clerk&ea-officio clerk of said Board of Supervisors, Subdivider by deputy clerk. Il` ......on RZSOLUTION NO. ?0/7 81 Form #23; 70-4-5O0 PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER•SURVEYOR GTH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. HROATCH TELEPHONE 228-3000 DEPUTY PUBLIC WORKS DIRECTOR November 23, 1970 Subdivision 4041 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 4041 in Supervisorial District III in the Alamo area. Accompanying this map and pertaining thereto are the following docu- ments: 1. Subdivision Agreement. Expiration date of one-year time limit for completion is November 24, 1971. 2. Performance Bond in the amount of $83,700.00. This Bond, together with a $500.00 cash deposit (Auditor's Receipt No. 86247 dated November 13, 1970, is to guarantee completion of road and street improvements as required by the County Ordinance Code. 3. Labor and Materials Bond, in the amount of $84,200.00. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property. The map is submitted for filing by Western Title Guaranty Company under the provisions of the County Ordinance Code and all required de- posits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAUER Public Works Director By V. L. Cline Assistant Public Works Director VLC:fa Highway Planning cc: Western Title Guaranty Company Planning Department Construction Division SUBDIVISION AGREEMENT (§1) Subdivision: 4041 (§1) Subdivider: XK0M)U=XXXVaM (B. & P. Code §§116ZZ-12) I a o Inc. 1 Effective Date: 11/24/70 (Contra Costa County (§1) Completion Period: One Year Standard Form; 8-67) (§4) Deposits : A. (cash 500- B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ 83•,700.00 2. (labor,materials) , • Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public works Department. Subdivider shall complete this work and improvements- (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder, and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivide'? guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security : Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (I - FaithfuZ Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory Derformance ; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost , securing payment to the contractor, to his subcontractors , and to oersons rentin:; eauinment or furnishing labor or materials to them or to the Subdivider. 5. Warrants.. Subdivider warrants that said improvement plan is ade- quate to accomplish this -orork as cro�-ised in Section 2 ; and if, at any time before t'ie County' s resolution of for the subdivision, the improver^ent plan proves to be inadecuate in an-v respect , Subdivi- der shall make chanes necessar•r :c accomr.lish the work as promised. -1- R 6. No Waiver bu County. Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof comolies 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 contract as prescribed; nor shall the County be thereby estopped from-bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions , officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 8. Costs. Subdivider shall pay when due all the costs of the work, including inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall oay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys' fees , costs of suit, and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. Z2. Record May. In consideration hereof, County shall allow Subdivider to file and record said subdivision map , and reco?nizes this subdivision as one complying with State laws and Count; ordinances . r2- A FILED W- T. PAASCH CLERK TSOA" OF SUPMISCRS COUNTY By --'_ CePLtY COUNTY OF CONTRA MSTA SUBDIVIDER: (see note below) By E LBACO, INC. Chairman, Board Supervisors ILA 01 NORM By ATTEST: W. T. PAASCH, County Clerk ZOesignate official capacity in the & ex officio Clark of the Board business) By A . Note to Subdivider: (1) Execute -Deputy acknowledgment fore below; and (2) If a corporation, attach a certified copy of (a) the bylaws FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board County Counsel of Directors, authorizing execution of this contract and of the bonds required By / hereby. Deputy State of California ) ss. (Acknowledgment by Corporation, County of Contra Costa ) Partnership or Individual) On , the person(:) whose name(a) is/am signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. LINDA K. HART161ANN LX��%� �L�.�xl 05!rt�ry�-v� NOTARY PUBLIC-CALIFORNIA CONTRA COSTA COUNTY MyCOmmissionExpiresMay 26.197b. Linda K. Hartmann Notary Public for said County and State (Subdiv. Agrmt. CCC Std. Form) (HP-9; Rev. 9-69; 200) -3- ACTION OF T11E BOARD OF DIRECTORS OF ELBACO, INC. , A•• CORPORATION, TAKEN WITHOUT A MEETING The undersigned being all of the Directors of ,�LBA�O: INC. a corporation, do hereby unanimously consent to the adoption of the following resolution: RESOLVED: That Harlon S. Geldermann , President of this corporation be, and he hereby is, authorized to enter into on behalf of" this corporation, a subdivision agreement with the County of Contra Costa covering Subdivision 4041 and to execute a performance bond, labor and materials bond and tax bond, in connection therewith, together with such other documents and instruments as may be incident thereto, DATED: October 3, 1970 eo . S. Gel er ann r in on aG�� o I son CERTIFICATE OF SECRETARY I, .Juanita Legg Assist,. Secretary of ELBACO, INC. a corporation, do hereby certify and declare that the foregoing is a Tull, true and correct copy of a resolution adopted by action taken by unanimous written consent. of the board of directors without a meeting, dated October 3, 1970 , and that the By-Lairs of this corporation authorized the directors to so act; and that said resolution is now in full force and effect. In testimony whereof, I have hereunto: set my hand and affixed the ' corporate seal of said corporation this 3 day of October , 1970 . Assist. cretary (Afl ix corporate sea!} • MIm charged for this Wd b BOND NO. SC 6235215 3b% 1acs tot the term thy' IMPROVE.",L:v-T SECURITY BOND (FaithfuZ. Perfortmance & Maintenance, AND Labor & Materia Zs) (CaZif. Bus. & Prof. Code §ZZ6Z2; Contra Costa County Standard Form) Z. OBLIGATION. (Principal) FLRACQ, IbIC . . . I . . . . . . . . . . . . . . . . . . . . .as Principal, and urety F1R;:MANlr, F INn INSURANCE COMPANY a corporation organized and existing under the lairs of the State of CALIFORNIA and authorized to transact surety business in California, asurety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it : (A - Faithful Performance, & Maintei,ance) EIGHTY THREE THOUSAND SEVEN HUNDRED AND NO/100- • Dollars ($ S3 700 � ) for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials ) EIGHTY FOUR THOUSAND TWO HUNDMI) AND Nn/ton Dollars ($ 84 200.00 ) for the benefit of persons protected under Cal. Bus.&Prof.Code 511612. 2. RECITALS. The Principal contracted with the County on 11/24/70 to inn isafl and pay for street, drainage, and other improvements in Subdivi- sion No. 4041 as per map noir being filed with the County's Recorder, and to complete said work within from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. COTIDI?ION. If the Principal faithfully performs all things required of him acco-rdin; to the teras and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall b--corne null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to thein for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included .in the judgment. SIGNED AND SEALED on NOVEMBER 11 , 1970 PRINCIPAL SURETY ELBA CO, INC., a co tion FIREMAN'S FUNDINSURANCE COMPANY 1& 8 0 Pie Mary F. cintosh Attorney-ln- ae fic * iE # ♦lE iF ?E IF O i 8 at Y w r a x x JK • r •• •• •• •• •• SPATE OF California sR COUNTY OF N---- Y — On this___LITH d y of_ NOVEMBER ,in the year 19--" before me, -- '` a NOTARY PuBuc in and for said County and State,personally appeared 0FFIC IL SE MoARGA.RET 1. DURAN known to me to be the person whose name is subscribed to the within instrument as the t - #�-::�� norr,^v NUIC -Cz_ERuiA Attorney-in-fact of the FIREMAN'S FUND INSURANCE COMPANY,and aekaow- ALANIEDA COUNTY edged to me that he subscribed the name of the FIREMAN'S FUND INSURANCE COM- My Cmr,.i_ion Etpues 9 15.1973 PANY thereto as principal,and his own name as Attorney-in-fact. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my ofcial seal,at my office, in said County and State, the day and year in this tate first above written. ?ssion lic in an d unty and State M rF aret J. Dur- My copi '—------ — - - --- —- 360207 - 5-66 ►EMMETT•HITCHCOOK _ ED%4AR0W.LEAL. JR COUNTY TREASURER-TAX COLLECTOR ASSIST19NT ' TAX COLLECTOR'S OFFICE COUNTY TREASURER TAX COLLECTOR P-10N' 220-x_'00 ALFRED P LOMELI ERT :,:•....,-F 23e' CONTRA COSTA COUNTY TAX OFFIC[ MANAGER FIRST INSTALLWC%T OF TAXES FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 OELINou[Nr DUE AND PAYABLE ON THE TENTH DAY Of DECEMBER ON THE FIRST DAY OF NOVEMBER t p (; ((�� - — SECOND INSTALLMENT OF TAXES November 19, 19(L! S[COND INSTALLMENT OF TAXES DELINQUENT DUE AND PAYABLE ON THE TENTH DAY Of APRIL ON THE FIRST DAY OF FEBRUARY IF THIS TRACT IS NOT FILED BY FEBRUARY 28, 1971, THIS LETTER IS VOID This will certify that I have atanined the rp of the proposed subdivision entitled: TRr,CT NO. 4041 and have determined from the official tau records that there are no unpaid county taxes heretofore levied on the property included in the map. The currentlg�71 tax lien has been paid in fall. F190M HITCHCOCK Redemption Officer By: L ! eputy dl In the Board of Supervisors of Contra Costa County, State of California November 2h . 19 ?Q In the Matter of Acceptance of Instruments for Recording, Alamo Area, Subdivision 4041. On motion of Supervisor Z. A. Linscheid, seconded by Supervisor J. P. Kenn?, IT IS BY THE BOARD ORDERED that the fol- lowing listed instruments be accepted for recording only: (a) An "Offer or Dedication" dated October 23, 1970 !rota Elbaco, Inc. pertaining to a 10-loot strip of land for storm water and surface drainage purposes as a condition of approval of Subdivision 4041; (b) An "Offer of Dedication" dated October 23, 1970 from Elbaco, Inc. pertaining to an irregular shaped parcel of land for storm water and surface drainage purposes as a condition of approval of Subdivision 4041; and (c) A "Drainage Release" dated October 39 1970 from Elbaco, Inc. which pertains to a release of liability over an irregular shaped parcel of land for storm runoff discharging thereon, as a condition of approval of Subdivision 4041. The foreping order was passed by the following vote of the Board: AYES: Supervisors J. P. Kemy, J. E. Moriarty, Z. A. Linscheid, T. J. Coll. NOES: Bone. ABMW: Supervisor A. M. nam. I hereby certify that the foregoing is a true and correct copy of on order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Recorder (via P.Y.) Supervisors Public Works. (2) affixed this 24th day of November , 19 70 dminisPlanning trator W. T. PAASCH, Clerk BY4&;O eLc Deputy Clerk Mildred 0. Ballard H 24 SM IOM IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA July 18 , 1972 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4042, Danville Area ) Deposit: $500 ) Auditor's Permit No. 85350 ) Dated October 2, 1970 ) Refund to: ) Garden Creek Development Company ) P. 0. Box 784 ) Danville, California 94526 ) On June 22 1971 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 18th day of July , 1972 W. T. PAASCH, CLERK cc : Public Works (2) Subdivider By�l,��l •(, �(.L�i,L , Deputy Clerk Mildred 0. Ballard In the Board of Supervisors of Contra Costa County, State of California November 9 19 71 In the Matter of Refund of Cash Deposit, Subdivision 4042, Danville Area. WHEREAS this Board on June 22, 1971 adopted Resolution No. 71/395 accepting as complete (with the exception of minor deficien- cies for which a $50 and a $1,100 cash bond were deposited to insure completion) construction of improvements in Subdivision 4042, Danville area; and WHEREAS the Public Works Director advises that the instal- lation of a street name sign for which the $50 cash bond was deposited, has been completed; NOW, THEREFORE, on motion of Supervisor E. A. Linscheid, seconded by Supervisor A. M. Dias, IT IS BY THE BOARD ORDERED that the Public Works Director is AUTHORIZED to refund said $50 cash deposit (Auditor' s Deposit Permit No. 90664 dated June 7, 1971) to Gallagher and Burk, Inc. , P. 0. Box 7227, Oakland, California. The foregoing order was passed by the following vote of the Board: AYES: Supervisors A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, J. P. Kenny. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. c c• Public Works ( 2) Witness my hand and the Seal of the Board of • Auditor Supervisors Sub 44:Vi 6 affixed this 9th day of-November , 19 71 W. TT PAASCH, Clerk By l i�C�L {i�w� w�e_ Deputy Clerk Helen C. Marshall H 24 4/71 IoM In the Board of Supervisors of Contra Costa County, State of California November 2 19 71 In the Matter of 1 Refund of Cash Deposit, Subdivision 4042, Danville Area. WHEREAS this Board on June 22, 1971 adopted Resolution No. 71/395 accepting as complete (with the exception of minor deficien- cies for which a $50 and a $1,100 cash bond were deposited to insure completion) construction of improvements in Subdivision 4042, Danville area; and WHEREAS the Public Works Director advises that the deficiencies covered by the $1,100 bond have been corrected; NOW9 THEREFORE, on motion of Supervisor A. M. Dias, sec- onded by Supervisor J. E. Moriarty, IT IS BY THE BOARD ORDERED that the Public i4orks Director is AU.L ORIZED to refund said $1,100 cash deposit (Auditor's Deposit Permit No. 91029 dated June 21, 1971) to Garden Creek Development Company, P. 0. Box 784, Danville, California 94526. The foregoing order was passed by the following vote of the Board: AYES: Supervisors A. M. Dias, J. E. Moriarty, W. N. Boggess, J. P. Kenny. NOES: None. = ABSENT: Supervisor E. A. Linscheid. I hereby certify that-the foregoing is a true and correct copy of an order entered on the minutes of said Hoard of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of c e: Public Works (2) Supervisors Auditor of:,xed this 2nd day of :,:ovember , 19 71 Subdivider �} W. T. PAASCH, Clerk Ply Deputy Cleric Mildred 0. Mallard H 24 4/71 1001 t IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion j of improvements and declaring } certain roads as County roads, ) RESOLUTION NO. 71/395 Subdivision 4042, Danville Area. j 1*1EREAS the Public Works Director having notified this Board that, with the exception of minor deficiencies (for which '-` a $50 and a $1,100 cash bond have been deposited to insure completion), construction of improvements have been completed in '- ` Subdivision 1^2, Danville area, as provided in the agreement �1 heretofore executed by this Board in conjunction with. the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of �< establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision • Date of Agreement 4042, Danville area October 6, 1970 (United Pacific Insurance Company - Bond No. B 618518) BE IT t^URTFrER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 85350 dated October 2, 1970) be RETAINED for one year pursuant to the requirements of Soction 8429(b) of the Ordinance Code as amended. BE IT I^URTHER RESOLVED that the hereinafter described roads, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the an are accepted and declared to be County roads of Contra Costa County: EL CERRO BOULEVARD . . . . . . . . . . .. .(64/84/.08) DANVILLE BOULEVARD widening as shown and dedicated for public use on the map of Subdivision 4042 filed April 30, 1971 in Book 136 of Maps at Page 34, Official Records of Contra Costa County, State of California. , RESOLUTION NO. .71/395 10 PASSED AND ADOPTED this 22nd, day of June, 1971, by the following vote of the Board: AYES: Supervisors A. M. Dias, J. E. .Moriarty, W. N. Boggess, F. A. Linscheid,: J. P. Kenny. NOES: None. . ABSENT: None. I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 22nd day of June, 1971. W. T. PAASCu, CLERK f Byr'3', ut Donovan cc: Recorder Deputy Clerk Public Works ..(2.j Subdivider F • i t 1 x _ 1 r r i RESOLUTION NO. 71/395 i i IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval } of Subdivision Map of ) Tract 4042, Danville AreeX RESOLUTION NO. 70/639 ) } WHEREAS a map entitled Tract 4042 , property located in the Danville area , having been presence to this Board for approve , sai map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map and that the current 1969-1970 tax lien has been paid in full, and the 1970-1971 tax lien, Which became a lien on the first day of March, 1970, is estimated to be $3,775, Letter from the Public works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 8, of the County Ordinance Code; Surety Bonds issued by United Pacific Insurance Company with Garden Creek Development Company, Inc., a corporation, as principal, as follows: Bond No. B-618518 in the amount of $319400 for Faithful Performance, and $30,900 for Labor and materials to guarantee completion of road and street improvements as required by the County Ordinance Code as amended; Cash deposit (Auditor's Receipt No. 853500 dated October 2, 1970) in the amount of $500; Tax Bond No. B--618519 in the amount of $3,775 guarantee- ing payment of estimated 1970-1971 tax lien; Inspection Fee in the amount of $'1,570; and Subdivision agreement between Carden Creek Development Company, Inc. , F. 0. Box 784, Danville, usilrornla, subdivider and the County of Contra Costa, wherein said subdiv- ider agrees to complete road and street improvements, etc. , in said subdivision within 1 year from the date of said agreement; RESOLUTION NO. 70/639 Foran #23 A NOW, THEREFORE, DE IT RESOLVED that said bond a and AIRRAUP and the amounts thereof be and the same are heretRy BE IT FURTHER RRSOLZTED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements shown thereon as dedicated to the public. PASSED AND ADOPTED this6t day of October by the following vote of the Be : AYES: Supervisors J. P. Kenny, A. M. Dias, E. A. Linscheid, T. J. Coll. NOES: None. ABSENT: None. CET.mr,1 ED COPY I certify ti.at tris is a full, true r- correct copy of the o:: iaai t:;.:::.: ,. .:::i:a a or. -!c: in my office. Lille L'eard o: tae CE�t oY:a. .>:Ti. T: �.. 'i. '_iASCi3, county cicri: io oe:a of sai;i Doard of Supervisors, by deputy clerk. RESOLUTION NO. 70/639 Form #23; 70-4-500 cc: Public Works (2) Planning Subdivider PUBLIC WORKS DEPARTMENT VICTOR W, SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR, ADMINISTRATION BUILDING MARTINEZ, CALIFORNIA 94553 R. D. BROATCH TELEPHONE 26.7000 DEPUTY PUBLIC WORKS DIRECTOR October 5, 1970 Subdivision 4042 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 4042 in Supervisorial District III in the Danville area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one-year time limit for com- pletion is October 6, 1971. 2. A Surety Bond in the amount of $30,900.00 and a $500.00 cash deposit (Auditor's Receipt No. 85350, dated October 2, 1970) which amounts are required to guarantee completion of road and street improvements as re- - quired by the County Ordinance Code as amended. 3. Labor and Materials Bond, in the amount of $31,400.00. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1970-71 tax, which became a lien on the first Monday of March, 1970 is estimated to be $3,775.00. 5. Tax Bond, in the amount of $3,775.00, guaranteeing payment of estimated 1970-71 tax. The map is submitted for filing by the Financial Title Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAUER Public Works Director` By V. L. Cline, Acting Chief Deputy VLC•fa Public Works Director cc: Title Company Planning Department Construction Division ' EMMETT HITCHCOCK' EDWARD W LEAL JR COUNTY TREASURER-TAX COLLECTOR ASSISTANT ' TAX COLLECTOR'S OFFICE coUNrY TREAiva[a.TAX LOLL[CTOR� PNnNI 229-• ^O ALFRED P LOMELI EYT "•" ='e7 CONTRA COSTA COUNTY TA. OF.,_E YA4AQEo FIRST INSTALLMENT Of TAXES FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 DELINQUENT DUE AND PAYABLE ON TH[TENTH DAT Of DECEMBER ON THE FIRST DAY OF NOVEMBER -- October 1,. 19?0 SECOND INSTALLMENT OF TAXES SECOND INSTALLMENT OF TAXES OELINOU[NT DUE AND PAYABLE ON THE TENTH DAY OF APRIL ON THE FIRST DAY OF FEBRUARY IF THIS TRACT 15 NOT FILED B7 OCTOBBS 319 19 74 THIS LET= I, VD This will certify that I have examined the nap of the proposed subdivision entitled: TRACT NO. 4042 and have determined from the official tax records that there are no unpaid County takes heretofore levied on the property included in the map. The current 1969-70 tax lien has been paid in full. Our estimate of the l(-Y70-71 , tax lien, which became a lien on the first day of March,19_, is S 3,775-00 . FNOTT HITCHCOCK Redwption Offi By: uty dl SUBDIVISION AGREEMENT (§1) Subdivision: 4042 (§l) Subdivider: GARDEN CREEK DEVELOPMENT (B. & P. code §§1161Z-12) CO. INC. a corporation 1 Effective Date : October--6-, 1970 (Contra Costa Countu (§1) Completion Period: ONE YEAR Standard Form; 8-67) (§4 ) Deposits : A. (cash) . 500. B. (bonds , etc. ) 1. (faithful oerf. & maintenance) $31,400.00 2. (labor,materials) 30,900.00 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs , fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Pap Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and wl 1 be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429 ; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security : Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus . & Profs. Code §116123% deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . B. Bonds , etc. : (Z - Faithful performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and accertance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus (2 - Labor & Vater:'als) another such additional security in at least the above-specified amount , which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors , and to oersons _renting equipment or furnishing labor or materials to them or to the Subdivider. 5. A.1arra71tr.. Subdivider warrants that said improvement elan is ade- quate to accomplish tl? 5 =o„k as _ro-°spr'. Lection 2 : and if, at any time before t':e Count`.'' s r-^v-ution 1 '`. '.cn for the subdivision, the improvement n?an :nrovez to be inari�^ua.e _n an'r re:-oect , subdivi- der shall mak t� changes neves: r,i -c ac 2.J7ir 1f_:-,h l'4e . rk as oromiseQ. -1- 1 a 6. No Waiver by County. Inspection of the work and/or materials , or approva of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement , or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estooped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards , commissions , officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters . 6. Costs. Subdivider shall pay when due all the costs of the work, incluffing inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. 10. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall nay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit , and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements, the subdivision is annexed to a city, the County may assign to that city the County's rights under this a;reement and/or any derosit or bond securing them. 12. Record k'a^. In consideration hereof, ^ount.- shall allow Cubdivider to file and record said subdiv.l:sion man , and recognize; this subdivision as one corr.plyinc- :•.ith State laws and County ordinances . STATE OF CALIFORNIA , COUNTY OFContra Costa } SS. On September 30 1970 before me, the undersigned,a Notary Public in and for said State, personally appeared Charles Bleadon known to me to be the President, of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within��ttrtttnrtttmntmutu��nenrtr�nol�tttuat��• instrument pursuan to its by-laws or a resolution of its board= VIOLA M. OLSEN of directors. t10T:1RY PUBLIC-CALIFORNIA s WITNESS nd and o ial seal ' COUiifY OF CONTRA COSTA C.mis;i:n Expires Dec.23,1971 Signat Cusu:t:sauiutsxuttuuuu�uuauattiuwtuuu l Viola M. Olsen Y Name (Typed or Printed) r""M Corporation F � LED PAASCH 6011RDOCF ;UPERYI i Q. TA CO COUNTY OF CONTRA COSTA SUBDIVIDER. (see note below) By GARDEN CaEEK DEVELOPMENT CO INC-. Chairman, Board of up r i ors a corp tion By t ATTEST: W. T. PAASCH, County Clerk D nate off 1 capacity in the & ex officio Clerk of the Board business) Chdfles Bleadon, President By Note to Subdivider: (1) Execute Anne M. McSorle Deputy acknowledgment forte below; and (2) If a corporation, attach a certified copy of (a) the bylaws FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board County Counsel ` of Directors, authorizing execution of ------ -- this contract and of the bonds required By — --- hereby. �- " Deputy a • a • a • a • a a a • a a a a a • • • • • • a • • • • • • • • • • • • • • a • • • • • • • State of Calif n1a + ) ss. (Acknowledgment by Corporation, County of , /'�o- -u-a-c-� ) Partnership or Individual) On 30 )q-70 , the person(s) whose name(s) is/are signed above for Subdivid r and who is krwiwn to me to be the individual and officer or partner as stated above who signed this instrnt, and acknowledged to me that he executed it and that i'the corporation or partner sh p named above executed it. OFFICIAL SEAL �f :• `� tNAA2DA H. PUTZGE I � r NOTAPY PUBLIC•CALIFORNIA PRINCIPAL OFFICE IN / SAN FRANCISCO COUNTY c- 6L tary public for said County WdXtate (Subdiv. Agrmt. CCC Std. Form) (HP-9; Rev. 9-69; 200) WANDA H. PUTZGE PAY Commission Expires Dec. 5, 1970 -3- Maw, dub of Qla Waratul �Ss ft CIO......_.....6th__...._..__. _ ._d.T oL October is cbe re.r oat ljowwo (Ittttt" of ALAMIDA .,..-�.- Nine Hundred and _.7Q. before me ._..._BD5F_l 0NZATFS,•_ _ a Notary Public in and for the County of ___QA. - Stats of Qhfwaia, residing therein, duly commissioned and sworn, personally appeared CHARLES BLF"N uwncnurtartstsmrrtetnzrusrusurssua _............. ........... _...._._ ..._....... _. . ... ROSE G0;4ZALES known to me to be the person who executed the within instr ent on behalf of the --:7; li OF A I2 Y F'll 8 L!C corporation therein named, and acknowledged to me that corporation executed ALAMEDA COUNTY,CALIF. � /fit �iNtMttuttl[Strtlt:at:::z:r:ru:azustzzrtet the sante. / JU MUtittM JK#M tf, I have herenato seta hand and asset--p. 06cial Sell the day and My.Cornmisslon Expires Oct.25,1919 year in this certificate first above wntten. _ CORPORATION ACKNOwLT+tXditUMN Rianaver or Offices Form NFZ6X-7 PICA,Oakland, Calif. Ia and for Mid C.oaatl of A slaw of C.a dwsio Qi!SL l7�Jt`a[l+t� (ff(( r: k3 BOND NO. B-618518 PREMIUM: $471.00 IMPROVEMENT SECURITY BOND (Faithful Performance & Maintenance, AND Labor & Materials) (Calif. Bus. & Prof. Code §IZ6Z2; Contra Costa County Standard Form) Z. OBLIGATION. (Principal) GARDEN CREEK DEVELOPMENT CO., INC. ; 'a corporation'as Principal, and T3ure y COUPANX a corporation organized and existing under the laws of the State of California - and authorized to transact surety business in California, as Surety, ere y Jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintenance) THIRTYONE THOUSAND FOUR HUNDRED AND NO----------+-- Dollars ($. 319400.00' ) for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials) THIRTY THOUSAND NINE HUNDRED AND NO---------------- Dollars ($ 309900-0 00. ) for the benefit of persons protected under Cal. Bus.&Prof.Code §11612. S. RECITALS. The Principal contracted with the County on October 6, 1970 to install and pay for street, drainage, and other improvements in Subdivi- sion No. 4042 , as per map now being filed with the County's Recorder, and to complete said work within ONE YEAR from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-0) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; qnd the Surety hereby waives the provisions of Calif. Civil Code 52819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on OCTOBER 6, 1970 PRINC1PAL SURETY GARDEN,.CREEK DEVELOPMENT C 0. , INC. , a corporation By ff"� esiden 'GORDON W. � - -FACT ar1.e ss ss � fs' fs � f • f • • s �tf • sf * • ffff # � f Mate of California ) ss., `ounty of ALAMEDA ) (ACKNOWLEDGMENT BY SURETY) On October 6, 1970 , the person(s) whose name(s) is/,Ire signed above for Surety and who is known to me to be the Attorneys)-in-Fact for this Corporate Surety, personally appeared before me and ack�ow dged to me that he/they signed the name of:he Corporation �s Surety arid-ds/their ;Own name(s) as its A ��••i� bS ROSE G0 'r% E ! NOTARY PUBLIC ' - c ,r CY;, LP ALAMEDA COUNN.CALif. L """""ame"nnw"a anNotary Public for said County and State (Imp. Sec.Bond,CCC Std.Form) (HP-ZS;Rev. 8-67; 200) thy CUj;&j ._.+.."N,.�.., �U.iyi3 01 State of California ss: County of AT-A1VfF'11A I1 On QctohPr f. 19-7C6 before me, the undersigned, a Notary Public in and for said County,personally appeared GQu_ � known to me to be the parson whose name is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that-he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h__ifi own name as Attorney-in-Fact. tttlttttipta{Zttttitl7tttr6t:It t titan talk$M ROSE GCitZRLES tea: ,. NOTARY PUBLIC % AI AMEDA COumW.CALIF. My Commission expires `9 y ommisslon rxpir s c. , 3t a06 ONa_ s tC yPublic/in and for said Cout _. 8-7nnd Calif—in - 1—nt (Att..—.in.Fnn• Acl,nnwlednment) Rev. 1-AS [� Ott Of�Ia[�fo>ntii ISS Mu 1g4b---------- 6th &y of October __.. im dw 7w Ow Thousuo 1 Of CAT'I}.+O1�NIA Nine Hundred and'T. before ase ROSE GONZALES - a Notary Public in and for the County of_. _r_ A r State of California, residing therein, duly commissioned and sworn,personally appeared __S; OT"S BI&DON is+rrttai._ta•<<'tts known to me to be the person who executed the within instrumen/t �n behalf of the at4.... " 'raattiY corporation therein named. and acknowledged to me that such o6rporation executed the same. % Ja nitmm w4mat. I have hereunto set soy hand assed / Sal, the day mW My COtnm(sslon(rYpirPS Oct.25,;973 year in this certificate first above nrrttten r / i CONMRATION AC[UowL1EDOERREf1r ROSE GOIVZAtES - 1 � --'�._._..._...._...! ..... Ptara� ow�c riraant at oar t ALA A Fmm NF26X-7 PICA. a.klsnd. C-10. Is rad IW trill CauM of / stay of BOND No- B-618519 PREMIUM: $38.00 - BOND AGAINST TAXES KNOU ALL MEN BY THESE PRESENTS: THAT GARDEN CREEK DEVELOPMENT CO. , INC. , a corp.as principal and UN= PACIFIC INSURANCE COMPANY and as sureties are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of THREE THOUSAND SEVEN HUNDRED SEVENTY FIVE AND NO--------- DOLLARS ($3,775.00 ) . to be paid to the said County of Contra Costa, for the payment of e which we and each of us bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. Sealed with our seals and dated this 6th day of October 19 70. The conditions of the above obligation are such that W)iEREAS, the above bounded principal is about to file a Map entitled SUBDIVISION 4042 and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said Tract of land covered by said Map, which taxes and special assessments collected as taxes, are not as yet due or payable. Now, therefore, if the said GARDEN CREEK DEVELOPMENT CO. , INC. shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said Map at the time of the filing of said Map of said Tract, then tChis obligation shall be void and of no effect. Otherwise it shall__ re main in full force and effect. - GARDEN CREEK DEVE T CO. , , cor t-ion B Charles Bleadon Princlpal UNITED PACIFIC INSMUCE COMPANY Surety .,00900" L2� GO W. HARDS,ATPOREY-IN-FACT 9MMEW Acknowledgment r ' CORPORATE RESOLUTION RESOLVED, that Garden Creek Development Co., Inc., a California corporation, is about to enter-.into the development . of Subdivision #40421 Contra Costa County, at such time as the officers or any one of them shall be satisfied with the contract and the terms, conditions` and provisions of said development. RESOLVED FURTHER, that Garden Creek Development Co. , Inc. a California corporation, shall execute and deliver such Per- formance and Labor and Material bonds as are necessary in conjunction with the development of the aforesaid subdivision upon such terms, conditions and provisions as shall be satis- factory to the officers of this corporation or any one or more of them. RESOLVED FURTHER, that Garden Creek Development Co. , Inc. , a California corporation, shall execute for filing with the Division of Real Estate of the State of California, the Questionaire and Application for Public Report for a Standard Subdivision cover- ing said Subdivision #4042, and any other documents as required by the State of California, Division of Real Estate, at such time as shall be satisfactory to the officers of this corpora- tion or any one or more of them. RESOLVED FURTHER, that any one or more of the officers of this corporation be and they hereby are authorized and directed to execute and deliver for and on behalf of Garden Creek Devel- opment Co. , Inc. , a California corporation, as its corporate act and deed, the aforesaid subdivision contract, bonds, quest- ionaire and other related documents, pertaining to the filing and approval of said Subdivision #4042, Contra Costa County. I, the undersigned, certify that I am the Secretary of Garden Creek Development Co. , Inc. , a California corporation, and that the foregoing resolution was duly adopted by the Board of Directors thereof at a meeting held this 30th day of - September, 1970. By Mark Bleadon, Secretary In the Board of Supervisors of ra Costa County, State of California April 22 1975 In the Molter of Authorizing Refund, Subdivision 4055, Moraga Area. The Public Works Director reports that on March 26, 1975 the Town Council of the Town of Moraga declared the drainage improvements for Subdivision 4055, Moraga area, complete and authorized the refund of the 500 cash bond which was posted to guarantee completion of this work; and On motion of Supervisor J. P. Kenny, seconded by Super- visor A. M. Dias, IT IS BY THE BOARD ORDS' ED that the Public Works Director is AUTHORIZED to refund to OCCO Inc., P. 0. Box 233, Rheem Valley, California 94570, the $500 cash bond as evidenced by Deposit Permit Detail Number 123621 dated February 13, 1975• The foregoing order was passed by the following vote: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, E.A. Linscheid, W. N. Boggess . NOES: None . ABSENT: None . 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of c c : Supervisors Public Works Director County Auditor-Controller affixed this 22nd day of April 1975 County Administrator �r 3. R. OLSSON, Clerk By C 04'6Deputy Clerk H 24 12/74 - 15-M Nancy Ortega Zoon of Moraga COUNCIL AllebAW T.Cory,Mayor 2100 DONALD DRIVE Will4m G.Combs,Viae-Mayor P.O. BOX 185 a"R.Grass MORAGA MORAGA, CA 94556 Male D.Giltdand INCORPORATED 1974 (415) 376-52W Sum H.McNulty April 8, 1975 RECEIVED APR } 1975 R. ]D J. . 0LSSON aW BOARD OF SUOVIVISM Board of Supervisors Contra Costa County County Administration Bldg. Martinez, CA 94553 Re: LD-Subdivision 4055 Gentlemen: At the March 26, 1975 meeting of the Town Council of the Town of Moraga, the Council unanimously agreed to authorize the Board of Supervisors to declare the drainage 1 ovements for Subdivision 4055 as complete and to refund the , 500 cash bond . The following minute order reflects the action taken: Councilman Gilliland moved that the Town of Moraga authorize the Board of Supervisors to declare the drainage improvement work on Subdivision 4055 as complete and refund the $500.00 cash bond. The motion was seconded by Councilman Combs and unanimously carried. If there are any questions with respect to this action, please contact our office. Ver truly yours, Yvette vette Nance Town Clerk cc: J. Murphy, Town Liaison Engineer J. Michael Walford, Assistant Public Works Director u In the Board of Supervisors of Contra Costa County, State of California July 18 , 19L2_ In the Matter of Authorizing Return of Irrevocable Letter of Credit in Connection with Subdivision 4055, Rheem Area. The Board on May 2, 1972 having approved the map for Subdi- vision 4055, Rheem area, and having accepted an "Irrevocable Letter of Credit" in the amount of $44,200 as guarantee for the subdivi- der's share of the road improvements required along Rheem Boulevard (Project No. 2844-4445-70) ; and The Public Works Director having reported that on July 5, 1972 Mr. John F. Nohr, the subdivider, deposited with the County a check in the amount of $443,200 and requested return of said letter of credit; NOW, THEREFORE, on the recommendation of the Public Works Director and on motion of Supervisor A. M. Dias, seconded by Super- visor J. P. Kenny, IT IS BY THE BOARD ORDERED that authorization is GRANTED for the return of said "Irrevocable Letter of Credit" to the subdivider. The foregoing order was passed by the following vote : AYES: Supervisors J. P. Kenny, A. M. Dias, J . E. Moriarty, W. N . Boggess, E. A. Linscheid. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Mr. J. F. Nohr Supervisors Public Works (2) affixed this 18t1i day of July , 1972— County Auditor W. T. PAASCH, Cleric B _ate 6 , yawl :G " , Deputy Clerk Mildred 0. Ballard H 24 4/72 1 oto UNITED CALIFORNIA BANK SAN FRANCISCO HEADQUARTERS-405 MONTGOMERY STREET•SAN FRANCISCO.CALIFORNIA 94104•4151397-2022 April 24, 1972 Board of Supervisors Contra Costa County Administration Building Martinez, California 94553 Gentlemen: Please be advised that "Irrevocable Letter of Credit" issued by United California Bank under date of April 13, 1972, repre- sents a claim on the assets of United California Bank. To convert subject to cash, a draft, accompanied by statement indicated in the body of the letter, when presented to your bank or United California Bank will be honored immediately and funds will be paid out to you in whatever form you desire, at any time prior to April 5, 1973. J. , . Howsley Vice President ' �T;�l'yffi �..•:��. �. ''�:,. ^��e.�„'��.' ...-.._11.�.rQ+•'-- -:�. :�''_. - .....:a�45 1-r-...:.,r,--•;. iNicP%Ai:GNAt a 1; DIVISION IRREVOCABLE (�UNITED CALIFORNIA BANK `t LETTER OF CREDIT Ell aOX 54191 TERMINAL ANNEX.LOS ANGELFS.CALIFORNIA 9002,4 CAVE ADDRESS: UCALSANK NO. S-72-40,527 W405 MONTGOMERY,STRECT SAN FRANCISCO.CALIFORNIA94104 �t E AMOUNTUS$44,200.00** ...April 13., _t 9_12 r L_i This Credit hos been advised by airmail through: �Contra- Costa County, a political subdivision of the State of California Administration Building R� Martinez, California 94553 LThis is toe confirmat.on of the credit opened today by cable through our Fc a • above named Correspondent. .. r.; 1 'j -. •,, It is only available for such ama.rnt as has not already been availed of t±, under such cable odv,ce and may nal he avu,!ed of,It all unless atioched to and as o part of our correspondent's rot,f+cat on of such cablu advice, the ) G@nllemen, two joint:y constituting evidence of the outstanding amount of this credit.. 1 We hereby authorize you to,draw on United California Bank, San Francisco, California tip at----------------sight for account of Rebma California Eight, Inc., a Missouri corporation,. Bra Tower, One Pen Valley Park, Kansas City, Missouri 64141 tir up,to'on aggregate amount of US$44,200.00 (U.S. Dollars Forty Four Thousand Two Hundred only). (l. Drafts to be accompanied by: ,; Your signed statement that REBMA California Eight, Inc., has failed to pay for its share of work.to be performed by Contra Costa County as defined in `.'Agreement Rheem �. Boulevard Widening and Reconstruction W.O. 4445". ` E�f m T. PAASCH CLERK BOARD OF SUPEPvi;cas u l COl TRA COSTA COuµTY * Draftsdrown hereunder must specifically mention the number and date of this letter of credit. The amount of each draft negotiated, together with the dote of negotiation, must be endorsed on the reverse side of ft this Letter of.Credit.. ; We hereby agree with,the drawers,' endorsers and bona fide holders that the drafts drown.under and in accordance r with the terms of this credit shall be.dufyhonored upon presentation ' she drawee, if negotiated on or before April 5, 1973. Sincere) '. // , T ID ALr RIZ D•SI NATURE A MONIZED SIGNATURE n Excppt as otherv.iso stated herein, this Credit is subject to the Uniform Customs and Practice for Documentary Credits(1962 Revision)International Chamber of 0° Cornlrterce fsrochure No.222. - I In the Board of Supervisors of Contra Costa County, State of California May 2 19 7.2.- In the Matter of Protest of Rebma California Eight, Inc, with respect to Park Dedication Fee for Subdivision 4055, Rheem Area. The Board this day having approved the final map for Sub- division ub-division 4055, Rhee., area (Resolution No. 72/283) and in connection therewith Mr. John F. Nohr (Rebma California Eight, Inc, P. 0. Box 185, Rheem Valley, California 94570) developer, having appeared before the Board to protest the county requirement that as a condi- j tion for filing the final map of said Subdivision 4055, he was ! obliged to pay a park dedication fee in the amount of $10,167.50; ! and Mr. Nohr, in a letter presented to the Board, having ; requested a refund of monies advanced and full credit for private improvements, alleging that he had already dedicated open space and recreational facilities the value of which far exceeds the sum levied under the ordinance for park dedication purposes; NOW, THEREFORE, on motion of Supervisor J. E. Moriarty, seconded by Supervisor J. P. Kenny, IT IS BY THE BOARD ORDERED that i this matter is REFERRED to its County Government Operations Commit- tee (Supervisor A. M. Dias and Supervisor Moriarty) for review and report to the Board. The foregoing order was passed by the following vote : AYES: Supervisors J. P. Kenny, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. NOES: None. ABSENT: Supervisor A. M. Dias. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date oforesaid. c c•• Committee Witness my hand and the Seal of the Board of Mr. J. F. Nohr Supervisors Planning Director affixed this 2nd day of____1,4a , 19 Public Works Director W. T. PAASCH, Clerk County Administrator By � �J� /� Deputy Clerk Mildred 0. Ballard M 2• 11/71 10M i PUBLIC WORKS DEPARTMENT VICTOR K. SALTERCOit�TRA <OSTt1 COUNTY DEPUTY PUBLIC WORKS DIRECTOR5 1'UFLIC WORKS DIRECTOR F. R. E)ROt1'N f.TH FLOOR. ADMINiS•TRATION BUILDING R. D. BROATCH cNILF o[t•uTY PVUL1C WORKS I)MCCTOR 11ARTIN£Z. CALIFORNIA 94553 VERNON L.CLINE //�� ! T TELEPHONE 228-3000 R. M. RYGH In �`T (RM.115 COURT HOUSE) 1 dM'ff May 9, 1972 f. :4Y 10 1972 W- T, PAASCH CLERK so D OF SUPCegayIr,0ftG HP - Subdivision 4055 CO RA gy Ocn t�, Mr. John F. Nohr P. 0, Box 155 Rheem Valley, CA 94570 Dear Mr. Nohr: Reference is made to Bond #734329, issued in 1970 by the General Insurance Company of America as surety for the construction of public improvements in connection with Subdivision 4055. The bond amounts were as follows: Faithful Performance $15,000 Labor $ Materials $15,500 Since the Subdivision Agreement, dated November 4, 1970, has expired and an entirely new start has been made toward the development of Subdivision 4055, neither the original agreement nor the bonds ac- companying it are valid any more. We do not return bonds even after they have expired. Therefore, this letter should suffice as our notification that the above-mentioned bonds are considered void by Contra Costa County and no action shall be taken against them at any time in the future. Very truly yours, VICTOR 11. SAUER Publi 'r ks Director I � , Paul E. Kilkenny Assistant Public Works - ector Highway Planning BJK:fa cc: Planning Department /Clerk of the Board IA s - IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval of ) Map of Subdivision 4055, ) RESOLUTION NO. 72/283 Rheem Area, Work Order 4445• ) A map entitled Tract 4055, property located in the Rheem area, having been presented to this Board for approval, said map hav- ing been certified by the proper officials, and being accompanied by: Agreement between the County of Contra Costa and Rebma California Eight, Inc. , P. O. :Box 185, Rheem Valley, California for the widening and reconstruction of Rheem Boulevard, Rheem area, Work Order 4445; Irrevocable Letter of Credit (No. 3-72-40,527) issued by United California Bank in the amount of $44,200 as a deposit guaranteeing developer's share of the cost, as more particularly *aet forth in said agreement; Subdivision Agreement for private street improvements between the County of Contra Costa and Rebma California Eight, Inc., wherein said subdivider agrees to complete said improve- ments within one year from the date of said agreement (April 249 1972); Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1971-1972 tax lien has been paid in full, and the 1972-1973 tax lien, which became a lien on the first day of Harch, 1972s, is estimated -to be $11,500; Surety Bond (No. 848163) issued by General Insurance Company of America in the amount of $30,500 for Faithful Performance and a $500 cash deposit (Auditor's Deposit Permit No. 86702 dated December 4, 1970), which amounts are required to guarantee completion of private street improve- ments as required by the County Ordinance Code as amended; Tax Bond (No. 848164) in the amount of $11,500 guaranteeing-paymont of estimated 1972-1973 tax; NOW9 THEREFORE, BE IT RESOLVED that said bonds and deposits and the amounts thereof be and the same are hereby APPROVED. BE IT FURTHER RESOLVED that said agreements be and the sane are hereby APPROVED, and Supervisor Edmund A. Linscheid, Chairman, is AUTHORIZED to execute same in behalf of the County. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject in behalf of the public any of the easements shown thereon as dedicated to public use. RESOLUTION NO. 72/283 BE IT FURTHER RESOLVED that the Public Works Director is AUTHORIZED to refund to Rebma California Eight, Inc. (the successors to Rheem Valley Venture, the original depositors) the $500 cash deposit evidenced by Auditor's Deposit Permit No. 86718 dated December 4, 1970 (said deposit having been made as part of the pro- cessing of the first submittal of Subdivision 4055 and being no longer needed). PASSED AND ADOPTED this 2nd day of May, 1972 by the fol- lowing vote of the Board: AYES: Supervisors J. P. Kenny, J. E. Moriarty, W. N. Boggess, E. A. Linschoid. NOES: None. ABSENT: Supervisor A. M. Dias. CERTIFIED COPY f certify that this is a full. true & correct copy of the original dbeument which is nn file in my office. Cc: Public-Works (2) and that it was ;gassed S. adopted by the Board o' Planning Supervisors of Contra Costa County. California, or Subdivider rhe date shown. ATTEST: W. T..PA kSCH, county � 6- � /�.� clerk&ex-officio clerk of said Board of Supervfwrs, j v� j - �/y��11 by deputy clerk. 6, RESOLUTION NO. 72/283 F' 1 LED +- ?z W. T. PAASCH CLERK MM OF SWERVISON AGREEMENT ANTRA COSTA COUNTY sr _ oevaty Rheem Boulevard Widening and Reconstruction W. 0 . 4445 A. Parties : This is an agreement between Contra Costa County, a political subdivision of the State of California , hereinafter referred to as COUNTY , and REBMA California Eight, a Missouri Corporation , herein- after referred to as CORPORATION. B. Purpose and Scope of Work: The Corporation proposes to construct certain road improvements along the south side of Rheem Boulevard, between Engineer's Station 113+12. 19 and Engineer's Station 130+10. 11 (at the summit between Moraga Road and St. Mary 's Road) in accordance with subdivision improvement requirements . The County proposes to construct addi - tional road improvements on Rheem Boulevard within the same limits . It is therefore proposed that this work be combined into one project and the cost shared as provided herein . C. Financial Responsibility: The County and the Corporation shall share the contract costs for the proposed project in the following manner: 1 . Corporation shall be financially responsible for all con- struction costs for curb , sidewalk, longitudinal drainage, and all earthwork, paving , and incidentals within twenty (20) feet of the face of curb. 2. County shall be financially responsible for all other con- struction on- struction costs . D. Plans and Specifications : The County will prepare plans and specifications for the entire joint project. E. Contract Administration and Engineering : The County shall advertise for bids and award and approve the contract for construction . All contract administration and engi - neering shall be performed by the County, and the cost thereof shall be borne by the County, with the exception of an inspection fee ,s y 5 consisting of five percent (5%) of the Corporation 's total con- tract cost under this agreement, which the Corporation shall pay to the County. Any liquidated damages for overrun of contract time that may be collected by the County pursuant to the terms of the contract shall become the sole property of the County. F. Notification of Bids and Award of Contract: County shall notify the Corporation , or its delegated repre- sentative, of the amounts of the construction bids received for the project within forty-eight (48) hours after the bids are opened and shall advise Corporation of the name and address of the Contractor to whom the contract is awarded. G. Payment: Prior to execution of this agreement by the County , Corpora- tion shall deposit with the County a certified check, cash or Letter of Credit in a form acceptable to the County, in the amount of Forty-four Thousand Two Hundred Dollars ($44 ,200) . As soon as possible after determination of final costs for the project, Corporation shall either be reimbursed for any surplus funds remaining in its deposit; or, in case the deposit is insufficient to cover Corporation 's share of cost, Corporation shall pay to County any additional sum that may be due and owing County upon billing. Corporation 's share of the final cost shall be based upon the Corporation 's share of the construction as set forth in Section C herein , applied to the final contract quantities , plus Corporation 's share of any extra work that may be found necessary during the course of the contract. Any such extra work increasing the cost to the Corporation shall be performed pursuant to a contract change order which has been approved by County and Corporation . H. Acceptance • Acceptance by the County of the work performed by the Con- tractor shall constitute acceptance by Corporation. 2 - y STATE OF CALIFORNIA ) COUNTY OF.Contra Costa 7} SS. pa April 19. 1972 before me,the undersis d.a Nataty Ptiiiic is dad hr am State. powm*appeared P. H. Thompson , kaowa to tae to Le dr Vice of the ewpwadm that eaaemed tie wird lartnt mmC know. to Ire to be die paaom wbo ememed the witbia lnum, t as bel" of the aorperadw tkerei. .eneC dad aehowkvd to ne dwt meh aorporatioa esaaatd the widua bauummes patnaat to its b yaws at a reaolrtioa d its hoard of dbvcmm WITNES§ aqdad aicia[ sesL w aim s!ts w flt..ta.A..tiw...arR ai s�.r Viola M. Olsen Nrae (Typed at Pcwtd) -amen Cwrpeeatien I . Termination : This agreement shall terminate when the said construction work set forth in Section B hereof has been completed and payments required herein have been made. APPROVED FOR CONTRA COSTA COUNTY APPROVED BY REBMA CALIFORNIA EIGHT 4 - B yS"k4e By EDMUND A LINSCHEID, airmanP. H. Thompso Board of Supervisors ice President ATTEST: W. T. PAASCH, County Clerk and Ex-officio Clerk of the Board r, f By Deputy Dated May 2, 1972 APPROVED AS TO FORM JOHN B . CLAUSEN, County Counsel By Delruty 3 - *$bN ;k SUBDIVISION AGREEMENT (§1) SXXA - Subdivision: 4055 (§1) Subdivider:.Rebma Cal. Etgilt Inc. (Private Improvements ) Effective Da e:oAril_24 1972 (Contra Costa County §1 Completion Period.: ONE YLAK Standard Form; 8-67) §3 Deposit: (faithful per . 0 (Cash Deposit-, X500.00) *1199 1?--c 3'1g7D 1. Parties & Date. Effective on the above date, the County of Contra Costa, CaliTornia, hereinafter called "County", and the above-named Subdivider, mutually promise and agree as follows concerning this sub- vision: 2 . Improvements. Subdivider shall construct, install and complete private roan an street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordi- nance Code, especially Chapter 5 (Sections 8490 et seq. ) of Division 4 of Title 8 and including future amendments, and all improvements required in the approved parcel map improvement plan of this subdivi- sion on file in the County 's Building Inspection Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by Section 8405(d) of the County Ordinance Code, in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a con- flict between the improvement plan and the County Ordinance Code, the stricter requirements shall govern. 3. Improvement Security. (3 - Faithful Performance) Upon executing this 7.reement, ub31v der shall, in accordance with Section 8494.10(b) (3) of the County Ordinance Code, deposit as security with the County at least the above-specified amount, which is the total estimated cost of the work, in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faith- ful performance of this agreement . 4. Indemnit . Subdivider shall hold harmless and indemnify the indem- nitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers, agents and employees; B - The liabilities protected against are any liability or claim for damage of any kin allegedly suffered, incurred or threatened be- cause 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 unfore- seeable at any time before the County approved the parcel map improve- ment plan or accepted the improvements as completed, and including the defense of any suit(s), action(s) or other proceeding(s) concerning these; C - The actions causing liabilitZ are any act or omission (ne:;li- gent or non-negligent) n connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions: The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other indem- nification covering any of these matters. 5. Costs. Subdivider shall pay when due all the costs of the work, including inspections thereof and relocating existing utilities re- quired thereby. FIL D � • W. T. PAASCH CLERK EOARD OF SUPERVISORS N .FtA COSTA C UN V • By C Deputy b. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. 7. Assignment. If before these improvements are completed this minor subdivis'sio is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. 8. Record Ma In consideration hereof, County shall allow Subdi- vider to file and record said parcel map, and recognizes this subdi- vision as one complying with State laws and County ordinances, and the conditions of approval of the minor subdivision. COUNTY OF CONTRA COSTA SUBDIVIDER: (see note below) r SEE EXIBIT "A" ATTACHED HERETO BY91ANTI MAnF A PART HEREOF FOR EXECUTION C airman, TE-a-r-d of Supervisors ATTEST: W. T. PAASCH, County Clerk By & ex officio Clerk of the Board Designate official capacity in the business) By (" ruJ tom. Ut—a (� Note to Subdivider: (1) Execute Deputy acknowiedgment fYr-m below; and (2) If a corporation, attacEa certified copy of (a) the by-laws or (b) the resolution of the hoard of Directors, authorizing execution of this contract and of the bonds required hereby. State of California ss. (Acknowledgment by Corporation, County of Partnership or Individual) On , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. Notary Public for said County and State JOHN B. CLAD:.:il, CC-LMy Counaol LY Deputy H�o"u'Ko -2- EXHIBIT A REBMA CALIFORNIA EIGHT, INC. a Missouri corporation By P. H. Thompson, Vi4e Presi ent By Robert L. Meeker, Assistant Secretary STATE OF MISSOURI ) ) ss. COUNTY OF JACKSON ) On this 24th day of March , 1972, before me, the undersigned, a Notary Public in and for said County and State, personally appeared P. H. Thompson, known to me to be the Vice President of Rebma California Eight, Inc. , and Robert L. Meeker, Assistant Secretary of Rebma California Eight, Inc. , the corporation that executed the within instrument, said persons being known by me to be the persons who executed the within instrument on behalf of said corporation, and acknowledged to me that such corporation executed the within instrument pursuant to its By-Laws or a Resolution of its Executive Committee. Notary Pub is in and for the County of Jackson, State of Missouri •.��.i �P.2L�NE�U55 Notary type or print name. My Commission Expires: 3 THIS IS TO CERTIFY that the following is a true and correct copy of a resolution adopted at a meeting of the Executive Committee of Rebma California Eight, Inc. duly called and held on Friday, March 24, 1972 and that said resolution is in full force and effect on this date. Dated: March 24, 1972 The Committee discussed a proposal that it authorize Rebma California Eight, Inc. to execute a Bond Against Taxes in favor of Contra Costa County. After discussion, the Committee approved the proposal and authorized P. H. Thompson, Vice President of said corporation, and Robert L. Meeker, Assistant Secretary of said corporation, to execute a Bond Against Taxes in the amount of $11,500 in favor of Contra Costa County, on behalf of said corporation, as required by said county in connection with the development of subdivision 4055 located in Contra Costa County, California. The Committee also discussed a proposal that it authorize Rebma California Eight, Inc. to execute a Subdivision Agreement and related bonds required in connection with the development of improvements valued at $31,000 as required by Contra Costa --County. After discussion, the Committee approved the proposal and authorized P. H. Thompson and Robert L. Meeker, the afore- said officers of said corporation, to execute, on behalf of said corporation, a subdivision agreement and all bonds required in connection therewith, obligating said corporation to construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants and all improvements required by the Contra Costa County Ordinance Code and all improvements required in the approved improvement plan for Subdivision 4055. PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY DEPUTY PUBLIC WORKS DIRECTORS PUBLIC WORKS DIRECTOR 6TH FLOOR. ADMINISTRATION BUILDING R„ 0. BROATCH F. R.BROWN CHIEF DEPUTY PUBLIC WORKS DIRECTOR MARTINEZ. CALIFORNIA 94553 VERNON L, CLINE R.M. RYGH TELEPHONE 228-2000 (RM. 115 COURT HOUSE) May 2, 1972 HP Subdivision 4055 RECEIVBD Honorable Board of tSupervisors Ay - 1972., Administration Building W. T. PAASCH Martinez, CA CLERK 130ARD OF SUPERVISORS N T CO. 1, Gentlemen: Is, -Duty There is submitted for your approval the map of Subdivision 4055 in Super- visorial District III in the Rheem area. Accompanying this map and pertaining thereto are the following documents: 1. Agreement for the widening and reconstruction of Rheem Boulevard. 2. Subdivision Agreement. (Private improvements) . Expiration date of one year time limit for completion is April 24, 1973. 3. Performance Bond, in the amount of $30,500. This bond, together with a $500 cash deposit (Auditor's Deposit Permit No. 86702, dated December 4, 1970, is to guarantee completion of road and street improve- ments as required by the County Ordinance Code. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1972-73 tax' which became a lien on the first Monday of March, 1972 is estimated to be $11,500. 5. Tax Bond, in the amount of $11,500, guaranteeing payment of estimated tax. The map is submitted for filing by Financial Title Company under the provi- sions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the above agreements on behalf of the County. Very truly yours, VICTOR W. SAUER Public Works Director By e�f Paul E. Kilkenny BJ K:fa Assistant Public Works Director cc: financial Title Co. Highway Planning Planning Dept. Construction Division EXHIBIT A REBMA CALIFORNIA EIGHT, INC. a Missouri corporation BY (. )"& P. H. Thompson, ViHa President BY Robert L. Meeker, Assistant Secretary STATE OF MISSOURI ) ) ss. COUNTY OF JACKSON ) On this 24th day of March, 1972, before me, the undersigned, a Notary Public in and for said County and State, personally appeared P. H. Thompson, known to me to be the Vice President of Rebma California Eight, Inc. , and Robert L. Meeker, Assistant Secretary of Rebma California Eight,lnc. , the corporation that executed the within instrument, said persons being known by me to be the persons who executed the within instrument on behalf of said corporation, and acknowledged to me that such corporation executed the within instrument pursuant to its By-Laws or a Resolution of its Executive Committee. NotAry Publ c in and for the County of Jackson, State of Missouri Notary eype or print name. My Commission Expires73 e ACKNOWLEMMENT BY SURETY „ STATE OF CALIFORNIA ss. CITY AND COUNTY OF SAN FRANCISCO On this 13TH day of APR i L 1972 before me FMMA HIKE a notary public in and for the State of California with principal office in the City and County of San Francisco, residing therein, duly commis- sioned and sworn, personally appeared Tmom s R. HUC i K , known to me to be the attorney-in-fact of General Insurance Company of America, the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first above written. :�tnttlltutualuutt:u�n�+ttn�trtt�t�trtuat,... EMMA HANE 15V� 1 �_3L2C•CALIFORNIA - '�- +L 1JF67:CE it! (Seal) - ` •< . . FRANCt5CO S-587 R1:/66 • r. soNo No. 848163 BOND PREMIUM: #305.00 (Fa it.%1fur Pea-for.-4a,-ce u A:a:.nLz3nancc," 'AND Labor e. Materials) (Calif. f.::. o: Pry;. Cod& §11 EZZ; Contra Cotta County Standard Z. OBLYG:?TIM-7. (t T i:12c4 pQ i) RFHHA ('A F RKTA E T I as Prin--ival., ;�;�._ �i 0 ISdL—N.G� . and (' 7C2 i.oy GENERAL INSURANCE COMPANY Of AMER I CA _ 2 corporation oIi organized: c nC C-.,x�s .-'L g under the 13ws of the StUate of WASHINGTON _ and author.-ized to t-rarisa-•t suret-Y business in Cali fovnia, as burety, hcreuy jointly and severally bind ourselves, our heirs, e7ecutors , administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & MaintenaneeJ less $500.00 cash deposit THIRTY THOUSAND FIVE_HUNDRED AND NO-----------------Dollars ($30,500,00 ) for itself or any City-arssignee under the below-c teO subdivision contract, plus xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxvmrelmxmxxxxxxxxxxxxxy t*:KXX KXKKNKIIIX§rxgxkxXXXXNxx mclgrx 2. RECITALS. The Principal contracted with the County one-11, April 24. 1972 to insta f arid pay for street, drainage, and other improvements in Subdivi- sion No. 4055 , as per map now being filed with the County's Recorder, and to complete said work within ONE YEAR from said date, all in accordance with State and local lags, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of �► him according to the Cerins and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this. obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said vrork agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to. make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay -reasonable attor- ney .fees fixed by court to be taxed as tests and. irc3uded -in the judgment. SIGNED AND SEALED on APRIL 13, 1972 ' PRINCIPAL SURETY -►ESEE EXIBIT "A" ATTACHED HERETON GENERAL INSURANCE COMPANY of AMERICA By By • THOMAS R. HUCIK, ATT 5 RNEY-IN-FACT If # # # State of California ) ss. County of ) (AC-Y- O-WI DGMENT BY 5UR7TY) On the person(s) whose naine(s)= is/are signed above •� for Surety and who is known to me to be the Attorneys)-in-Fact for> this Corporate Surety, personally appeared before me and acknowledged tome that * ,, he/they signed the name of the Corporation as Surety and..his/their o:rn nane(s) as its Attorney(s)-in-Fact. Notary Public for said County and State (Imp. Sec. Bond, CCC Std.Form) (EP-Z5;Rev. 3-67; 200) • GENERAL 'INSURANCE COMPANY OF AMERICA HOME OFFICE: 4347 BROOKLYN AVE. N.E., SEATTLE, WASHINGTON 98105 POWER OF ATTORNEY No. 3550 KNOW ALL MEN BY THESE PRESENTS: That Ganem Insurance Company of America,a Washington corporation,does hereby appoint ---------------------------------THOMAS R. HUCIK----------------------------------- its true and lawful attorneys)-in-fact,with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business,and to bind General Insurance Company of America thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF,General Insurance Company of America has executed and attested these presents this 17 day of Nwembw ' 19 71 W.D.HAY ERSLA.SECRETARY GOROON H.SWEANY.PRESIDENT CERTIFICATE Extract from the By-Laws of General Insurance Company of America: "Article VI,Section 12.—FIDELITY AND SURETY BONDS . . . the President,any Vice President,and the Secretary shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business . . . . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of General Insurance Company of America adopted July 28, 1970 "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i)The provisions of Article VI,Section 12 of the Bylaws,and (ii)A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii)Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." 1,W. D. Hammersla,Secretary of General Insurance Company of America,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation,and of a Power of Attorney issued pursuant thereto,are true and correct, and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 13TH day of APRIL ' 19 eTE WP W, SEAL W.D.NArE/tftJl,:ECREr.RY x 192 0 SLFECO 6..axe C-p—d A—.rcvuo d-19—1 5-942 R5 9/71 PRINTED IN USA. IN THB BOARD OF SUPZWI3OR3 j OF CONTRA COSTA COUNTY, STATS OF CALIONNIA In the Matter of Approval ) of Kap of Subdivision 4055, RSMEMOS NO. 70/836 Rheen Area. I ,. A map entitled Tract 4055, property located in the Rhoem j area, having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Subdivision Agreement for public street improvements between Rhesm Valley Venture, 370 Park Street, Rhesim, California, subdivider, and the County of Contra Costa, wherein said subdivider agrees to complete said improvements in said subdivision within one year from the date of said agreement (November 4, 1970); ed General Insurance Company Surety Bond (No 734329) issu by Gens mp ny of America in the amount of $189000 for Faithful Performance and a $500 cash deposit (Auditor's Receipt No. 86718 dated December 49 1970), which amounts are required to guarantee completion of road and street improvements as required by the County Ordinance Code as amended; and Labor and Materials Bond in the amount of $18,500; and Inspection Fee in the amount of $925; and Subdivision Agreement for private street improvements between Rheen Valley Venture and the County of Contra Costa, wherein said subdivider agrees to complete said improvements within one year from the date of said agreement (November 4, 1970); Surety Bond (No. 734330) issued by General Insurance Compal of America in the amount of $30,9500 for Faithful Performance and a $500 cash deposit (Building Inspection Department Receipt No. 71986), which amounts are required to guarantee i completion of private street improvements as required by the County Ordinance Code as amended; and Letter from the Redemption Officer (Tax Collector's Office) stating that there are no unpaid County taxes on the property; E NOW, THEREFORE, BE IT RESOLVED that said bonds and deposits and the amounts thereof be and the same are hereby APPROVED. { BE IT FURTHER RESOLVED that said subdivision agreements be and the same are hereby APPROVED, and Supervisor Mommas John Coll, Chairman of this Board, is AUTEORIZED to exeonts same in behalf of the County. R990LUTION NO. 70/836 74 fr ti i BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject in behalf of the public any of the easements shown thereon as dedicated to public use• PASSED AID ADOPTED this 15th day of December, 1970 by the following rote of the Board: AYES: Supervisors J. P. Neaoy, A. M. Dias, J. E. Moriarty, Z. A. Linseheid, T. J. Coll. IONS: zone. ii ABSMIT: None. 1 i . i I 1 cc: Public Works (2) Plannin6 CERTIFIED COPY l Subdivider i i certify that this is a full, true & correct eopy °i + the original document which is on file in my office, and'that it was passed & adopted by the Board of on supervisors of Contra Co�county,ASCCHo minty ti:e date shown. ATTEST: of 9uparWWOM clerk 8i ex-officio clerk of said Board by deputy clerk. RESOWTIOz z0. 70/836 ' ALFREd P.LOMELI EDWARD W. LEAL Assistant COUNTY TREASURER-TAX COLLECTOR County Treasurer-Tax C011*4tor PHONE 229-3000 a x T. 395 TAX CC&LECTOW S CWFICE FIRST INSTALLOWNT OF TAXES CONTRA COSTA COUNTY` •IRsr,Nsr.LLrENT OF rASEw DUE AND•AYA TLE OEI,iNaUihT ON THE FIRST OAY OF NOVEMRERMAWT}N�y , �� ON THE TENT. ORT Or OiGKYNs il►. tiCONO INS?*LLMrNT Or Tails SErONU w;7A LLrtNT OF TAXES - PUT ANO RAYAtLS oEL,NOUrhT ON THE FIRST DAY of FEMUARV March 16, 1972 ON THE TENT"OAT or APRIL IF THIS TRACT IS NOT FILED BY OCTOBER 319 1972s THIS LETTER IS VOID This win certiip that I have examined the map of the proposed subdivision entitled: TRACT NO. 4055 and have determined from the Official taz recarde that tbe►re are no unpaid Caunty takes heretofore levied on the property included in the map. The torrent 1971=a tax lion has been paid in ran. Our estimate of the „ 1972-71- tax liens vhi.ch beans* •a lien cc the first day of Marchs .1 q� is $ 11 - _QQ IS EVARD iii 1= Redemption Officer By: FILED dl W. T. P"W-H CUM so= or WPINVISM RMPA COSTA COUNTY ry u ;- orput�r ACKNOWLEDGMENT BY SURETY .STATE OF CALIFORNIA ss. CITY AND COUNTY OF SAN FRA%CISCO On this__?A-T1# day of 1Mt~C1e �9 before me Esom 5"t a notary public in and for the State of California with principal office in the City and County of San Francisco, residing therein, duly commis- sioned and sworn, personally appeared Tmims R. NYtiK , known to me to be the attorney-in-fact of General Insurance Company of America, the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid Count;'l !c^a lii frf4/N��lfllt'Chaelf/sip 6t above written. cr PAY (Seal) s`ti31 ..e..:►. ..... . , ,Rf p, S-587 R1 :/66 :a. i;iiallR: •� BONDI: 8M816�► '• ' • PRENINNS V 15*00 BOND AGAINST TAXES IMM ALL MEN BY THESE PRESENTS: s THAT B bma California Eight�� as principal EE tt 5 and oFGiMERICAINst1RANCE COMPANY and as sureties are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of Eleven Thousand F�Y�,,Hundre d MLT.M ($11.500.00 to be paid to the said County. of Contra Costa, for the payment of which we and each of us bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. Sealed with our seals and dated this 24thday of March , 1972,�_: The conditions of the above obligation are such that WHEREAS, the above bounded principal is about to file a Nap entitled Subdivision 4055 and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said Tract of land covered by said Map, which taxes and special assessments collected as taxes, are not as yet due or payable. ' Now, therefore, if the said RESNA CALWORN1A EICNT, INC. 1 shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said Map at the time of the filing of said flap of said Tract, then this obligation shall be void and of no effect. Otherwise it shall re- main in full force and effect. See Exhibit A attached hereto and made art hereof for execution. �A CALM u E 016 our, Principal GENERAL 1 ummsIti Cowany or AN[111 CA S ret 5 I W=9 1. INCIR Surety ATTMIKY-10MrACT 450 SAU&SM ST., SAN FaAMCISC01, CALIFO MIA Acknowledi ment THIS IS TO CERTIFY that the following is a true and correct copy of a resolution adopted at a meeting of the Executive Committee of Rebma California Eight, Inc. duly called and held on Friday, March 24, 1972 and that said resolution is in full force and effect on this date. a Dated: March 24, 1972 The Committee discussed a proposal that it authorize Rebma California Eight, Inc. to execute a Bond Against Taxes in favor of Contra Costa County. After discussion, the Committee approved the proposal and authorized P. H. Thompson, Vice President of said corporation, and Robert L. Meeker, Assistant Secretary of said corporation, to execute a Bond Against Taxes in the amount of $11,500 in favor of Contra Costa County, on behalf of said corporation, as required by said county in connection with the development of subdivision 4055 located in Contra Costa County, California. The Committee also discussed a proposal that it authorize Rebma California Eight, Inc. to execute a Subdivision Agreement and related bonds required in connection with the development of improvements valued at $31,000 as required by Contra Costa County. After discussion, the Committee approved the proposal and authorized P. H. Thompson and Robert L. Meeker, the afore- said officers of said corporation, to execute, on behalf of said corporation, a subdivision agreement and all bonds required in connection therewith, obligating said corporation to construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants and all improvements required by the Contra Costa County Ordinance Code and all improvements required in the approved improvement plan for Subdivision 4055. Y r- EXHIBIT A REBMA CALIFORNIA EIGHT, INC. a Missouri corporation 8y P. H. ompso Vice President �$y _Robert L.;-Meeker, Assistant Secretary STATE OF -MISSOURI ) ss. COUNTY OF JACKSON ) On this 24th day of March, 1972, before me, the undersigned, a Notary Public in and for said County and State, personally appeared P. H. Thompson, known to me to be the Vice President of Rebma California Eight, Inc. , and Robert L. Meeker, the Assistant Secretary of Rebar California Eight, Inc. , the corporation that executed the within instrument, said persons being known by me to be the persons who executed the within instrument on behalf of said corporation, and acknowledged to me that such corporation executed the within instrument pursuant to its By-Laws or a Resolution of its Executive Committee. N6taiey Publ' in and for the County of Jackson, tate of Missouri „�iBBJ . DflRL��E �1��5 Notary type or print name. My Commission Expires: a-QL(o-13. GENERAL INSURANCE COMPANY OF AMERICA : HOME OFFICE: 4347 BROOKLYN AVE. N.E., SEATTLE. WASHINGTON 98105 POWER OF ATTORNEY No. 3550 KNOW ALL MEN BY THESE PRESENTS: That Genera'Insurance Company of America,a Washington corporation,does hereby appoint ---•--•------••------------------?HOW R. no=--•----------------------—•--------- its true and lawful attorney(s)-in-fact,with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business,and to bind General Insurance Company of America thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF,General Insurance Company of America has executed and attested these presents this 17 day of Ilkwembw '19 71 w.O.WuwER5U,5ECPETARY ON!-Y,PIIE.OENi CERTIFICATE Extract from the By-Laws of General Insurance Company of America: "Article V1, Section 12.—FIDELITY AND SURETY BONDS . . . the President,any Vice President,and the Secretary shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business. . . .On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of General Insurance Company of America adopted July 28, 1970 "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i)The provisions of Article VI,Section 12 of the Bylaws,and (ii)A copy of the power-of-attomey appointment,executed pursuant thereto,and (iii)Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." W. D. Hammersla,Secretary of General Insurance Company of America,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation,and of a Power of Attorney issued pursuant thereto,are true and correct, and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,l have hereunto set my hand and affixed the facsimile seal of said corporation this 24TH day of 161106 , 19R_. 3 i�NAtEWP �� SE A L s W.D.HANWO LA.SECRETARY too X a" 1923 1�w1Sd� SAnCO r.—C—;-.d A-,n V...d t'-d .k 5-942 R5 9171 PRINTED IN U.S.A. PUBLIC WORKS DEPARTMENT VICTOR SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR, ADMINISTRATION BUILDING MARTINEZ, CALIFORNIA 94553 R. D. BROATCH TELEPHONE 220.3000 DEPUTY PUBLIC WORKS DIRECTOR December 15, 1970 Subdivision 4055 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 4055 in Supervisorial District III in the Rheem area. Accompanying this map and pertaining thereto are the following docu- ments: A. Public Street Improvements 1. Subdivision Agreement. Expiration date of one-year time limit for completion is November 4, 1971. 2. Performance Bond in the amount of $18,000.00. This Bond, together with a $500.00 cash deposit (Auditor's Receipt No. 86718 dated December 4, 1970), is to guarantee completion of road and street improvements as required by the County Ordinance Code. 3. Labor and Materials Bond in the amount of $18,500.00. B. Private Street Improvements 1. Agreement; expiration date for one-year time limit expires November 4, 1971. 2. Surety Bond in the amount of $30,500.00 and $500.00 Cash. A letter is also attached from the Tax Collector's Office stating that there are no unpaid County taxes on the property. The map is submitted for filing by Financial Title Company under the pro- visions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, RECEIVED VICTOR W. SAUER Public orks Director QFC 15 1970 � l W. T. PAASCH ffir CLARK BOARD OF SUPERVISORS `7 By&&NT _Tll1C0. aul E. Kilkenny / - oepuw IAssistant Public Works Director PEK:f Highway Planning cc: Financial Title Company Plannine and Construction Divisions BOND No. 734329 PREMIUM; $278.00 IMPROVEMENT SECURITY BOND (FaithfuZ Performance & Maintenance, AND Labor & MateriaZe) (Calif. Bus. & Prof. Code §ZZ6Z2; Contra Costa County Standard Form) Z. OBLIGATION. (PrincipaZ) RH] EM VALLEY VENTURE, a joint venture as Principal, and ure y GENERAL INSURANCE COMPANY OF AMERICA a corporation organized and existing under the laws of the State of WASHINGTON and authorized to transact surety business in Californ a, as Surety, hereby ,jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintenance) EIGHTEEN THOUSAND AND NO---------------------------Dollars ($189000.00 ) for itself or any City-assignee under the below-cited subdivis on contrac , plus (B - Labor & Materials) EIGHTEEN THOUSAND FIVE HUNDRED AND NO--------------Dollars ($189500.00 } for the benefit of persons protected under Cal. Bus. &Prof.Code §11612. 2. RECITALS. The Principal contracted with the County on NOVEMBER 4, 1970 to installand pay for street, drainage, and other improvements in Subdivi- sion No. 4055 , as per map now being filed with the County's Recorder, and to complete said work within One Year from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect . No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the"provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on NOVEMBER 16. 1970 PRINCIPAL SURETY SEE EXHIBIT "All ATTACHED HERETO AND IdAT1'E p -PART TTP_B-W - ?np -P7_VnTTTTnN GENERAL JNSURANCE COMP Y OF AMI CA i i By By RICK 0. LUDLOW ATTORNEY-IN- ACT ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA ( ss. CITY AND COUNTY OF SAN FRANCISCO On this 16THday of NOVEMBER 1970 before me JOHN W DA V I S a notary public in and for the State of California with principal office in the City and County of San Francisco, residing therein, duly commis- sioned and sworn, personally appeared FREDERICK 0. LUDLOW I I , Doan to me to be the attorney-in-fact of General Insurance Company of America, the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS IMEREOF, I have hereunto set my hand and affixed In • official seal, at my office in the aforesaid County, the day and year in this certificate first above wr' en. V1111111f1f1lII111111lllflltlfl11f1f11ltlltllllllll� Jr'�Niv V.I. DAVIS Y P:iBU; •CALIFORNIA _ (Seal) S-587 K 1 7/66 My com-nission 5, 190'2 .Iillall.'1111ia:{111illllltlt/LlftlISIISI//UL.` Exhibit "A". Improvement Security Bond for $18.500.00 RHEEM VALLEY VENTURE, a joint venture, by the following joint venturers, each individually and as one of the joint venturers of said joint venture. REBMA CALIFORNIA EIGHT, INC. , ROYSTON ASSOCIATES, a Missouri corporation a partnership By Bye P. 7 s n, i re nt o n Nohr,, a partner By awrence H. Ayer, a rne By Thomas S. David, a partner STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA)SS On this 28th day of October , 1970, before me, the undersigned, a Notary PMic in an or sai County and State, personally appeared John F. Nohr, Lawrence 11. Ayer and Thomas S. David known to me to be all of the partners of Royston Associates, the partnership that executed the within instrument on behalf of said partnership, said partnership being known by me to be one of the joint venturers of Rheem Valley Venture, a joint venture, and acknowledged to me that such partnership executed the within instrument, both individually and as a joint venturer of said joint venture and that such joint venture executed the same. 6/zlz VIOLA M. OLSEN I;OTARY PUBLIC-CALIFORNIA " otary A is in and for the ounty E -� COUNTY OF CONTRA COSTA of Contra Costa, State of California k My Commission Expires Dec.23,1911 C My Commission Expires 12/23/71 STATE OF MISSOURI ) COUNTY OF JACKSON )SS On this 5th day of November , 1970, before me, the unders gne , a notary public in and for said County and State, personally appeared P. H. Thompson, known to me to be the Vice President -of Rebma California Eight, Inc. , the corporation that executed the within instrument, said person being known by me to be the person who executed the within instrument on behalf of said corporation, said corporation being known by me to be one of the Joint Venturers of Rheem Valley Venture, a joint venture, and acknowledged to me that such corporation executed the within instrument pursuant to its By-Laws or a Resolution of its Board of Directors, as a joint venturer of said joint venture, and that such joint venture executed the same. I/i _AhA Ylaz Avmj);�7 Notary-p-1-lar- -p- 1-lar-ifflarfaffor tne Lcw&unty o tate or Missouri Qoarles Name of Notary (Typed or Printed) My Commission expires April 20. 1973 k GENERAL INSURANCE COMPANY OF AMERICA • HoT*Orh n:13Q Brooklyn Ari.H.E„Swrr1q,Mashu,Qlon 98105 ' alwco POWER OF ATTORNEY NO, 2990 KNOW ALL MEN BY THESE PRESENTS: That General Insurance Company of America,a Washington corporation,does hereby appoint -----------------------------FREDERICK 0, LUDLOW 11--------------------------------- its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business,and to bind General Insurance Company of America thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF,General Insurance Company of America has executed and attested these presents this 23 day of October W O NAMMEASLA.SECRErAnr EiOnOd+w SWEANr,►RELOENr CERTIFICATE Extract from the By-Laws of General Insurance Company of America: "Article VI,Section 12.—FIDELITY AND SURETY BONDS . . . the President,any Vice President,and the Secretary shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business . . . . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company. the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced:provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of General Insurance Company of America adopted July 28, 1970 "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i)The provisions of Article VI,Section 12 of the Bylaws,and (ii)A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii)Certifying that said power-ofattorney appointment is in full force and effect, the signature of the certifying officer may he by facsimile.and the seal of the Company may be a facsimile thereof." I,W. D. Hammersla, Secretary of General Insurance Company of America, du hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation,and of a Power of Attorney issued pursuant thereto, are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my handandaffixed the facsimile teal of said corporation this 16TH day of NOVEMBER 19 _. E,�MA?E�`We ZS ■U M.YrERSLA.5EC11ET.Nr 5-942 R3 8/70 of EMMETT HITCHCOCK -EDWARD W LEAL-Jw COUNTY TREASURER•TAX COLLECTOR ASS}STANT; TAX COLLECTOR'S OFFICE COUNTY TREASURER.TAX COLLECTOR r.rONr 229.• oo ALFRED P LOMELI "T -� CONTRA. COSTA COUNTY TAA OF(ICE MANAGER FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 rlwsT INSTALLQUof *AXEs DUE AND PAYABLE • OL�ID ON THE FIRST DAY OF NM OVEBER Q ON THE TENT. DAY E Of�_ O[C(MB[R Decasuber 3, 1970 SECOND INSTALLMENT OF TAXES SECOND INSTALLMENT OF TAXES DELI DUE AND PAYABLE ON THE FIRST DAY OF FEBRUARY ON THE TENTHH DAY Ar OF APRIL. IF THIS TRACT IS NOT FILED BY FEBRUARY 28, 19 74 THIS LETTER IS VOID This will certify that I have eatamined the map of the proposed subdivision entitled: TRACT NO. L055 and have determined from the official tax records that there are no unpaid county taxes heretofore levied on the property included in the map. The current 197&-TI tax lien has been paid in full. 99MTT HITCHCOCK Redemption Officer By: �,, �LkLQvr_ Deputy 01L t 1L 1',: ;ol lowi^c= ;ie'so2utzea �:a s v • p z- s unanitaou 1, �.do t d 'a a l:r•�ct_u� o: ti;� :,parol u�` ? i _ecLur:. o: !Cebu;- Califori:in Eight, Inc., duly called• and 11 1d o.a J.:tau:iry G, 1970, and that said is in full force and effect on t1:is date: ICY l t' " •- •r :»z Vi5'U President and Secretary Dated: November G, 1970 R E S 0 L T T 1 0 N 'RESOLVED, that pursuant to Section 22 of the by-laws of the corpora- ticv11, the fullo:air.- of the L'oard of Directors are hereby appointed an E'::ecutive Co=."ittec. to hold o ffice at the pleasure of the Board and until their respective successors are duly appointed: W. D. Grant, Chairnan Id. R. ':ullens Travis C. Morgan, Secretary and; FURTHER IESOLVED, that a maiorit-y> of the Executive Counittee hereby &pnointed s'.iall constitute a cue:,,m: to transact business and vacancies shall be filled by t<ie Chain,:::n thereon, subject to ratification by the Board; and FU;:T':3R RESOI. D, that ::;cetin; s of the Executive Cor,•_*aittee shall be called by the SeczcCnr; th-_areof, from time to time at the discretion and upon tha request or any me-mer thereof; and that notice of such meetings shall in each i~stwnce'be given to each mer.:ber of the Executive Committee; either orally or is vriti r.;;; and Fil iilTER I-_!St LV:1_'D, that the E::ecutive Co aiittee shall (1) keep regular 1^.i11Ltl: i cf its proceedings vnich shall be recorded in the minutes of the Corpora- tion and (2) ruport all Of its actions to the I;oard of Directors; and ,-U,—I,ER T%ESOLI=D, that uhen the Board of Directors is not in session, tl:e E :ecut_ve Co: -ittee shall have and may e::ore-ise all powers and authority of the Board in the uana,;_=.ent of the corporation, except that the Executive Coa-Mit-tee is not eIriJow _ed: (1) to amend the by-laws; (2) to increase or decrease the number of members of the • Eriecu�:i�•� i:c: ::�iti•_•�; (3) to declare dividends upon any class of stock of the corporation (4) to aut'.-:o_ize the issuance or anv s!iares of stock or any cla_ of s toe': cf t..e (S) to do aril• act specifically required under applicable law, to be Mone by the huard of Directors. THIS IS TO CERTIFY that the following Resolution was unanimously adopted .atfa meeting of the Executive Committee of Rebma California Eight, Inc. duly called and held on November 2, 1970, and that said Resolution is in full force and effect on this date: BY VicefPkesident and Secretary Dated: November 6, 1970 Rheem Valley Venture: The Rheem Valley Venture is about to enter into the development of Subdivision 4055 Contra Costa County, California. The Venture is required to execute and deliver a subdivision contract and performance, labor and material bonds in conjunction with the development of the aforesaid subdivision. The Committee authorized Rebma California Eight, Inc., as a joint venturer of the Rheem Valley Venture, to execute and deliver all necessary documents pertaining to the aforementioned subdivision contract and the performance, labor and material bonds. P. H. Thompson, Vice President of Rebma California Eight, Inc., was specifically authorized to execute and. deiiver the aforementioned documents on behalf of said Corporation. i . - - �.� 0 FRED. S. JAMES & CO. Insurance Brokers and Consultants Since 18.58 1•.11- 1111\ 7aitI SAN 1.1tA\CIS C O. C.%I.I}O1tNIA 04124 1115) 1.1.3.4800 December 1, 1970 T {r y I.W. Frederick Ludlow Safeco Insurance Company 450 Sansome Street, San Francisco, Ca. 94111 P� Re: RheeJ-a Valley VEnture Subdivision Bonds No. 7311329 and Plo. 734330 M Dear Mr. Ludlow This letter is to confirm your telephone conver- sation with Mark Alexander of our office, advising you that Thomas F. David is no longer a partner in the captioned Rheem Valley Venture. Pleaee mark your files accordingly. Very truly yours, Roberta E. Sabia , Secretary to William Kent, III RES:dbs cc: Marie Singer i r� Rheem Valley Venture t t r f i.y nL L> NEW YORK•BUFFALO•PHILADELPHIA•PI!TSGORC4•CHICAGO•MINNEAPOLIS•OKLAHOMA CITY••PORTLAN^•SEATTLE•LOS ANGELES•LONDON - ' - INTERNATIONAL SERVICE THROU.;H ASSOCIATES IN 70 MAJOR CITIES THROUGHOUT THE WORLD p 1 i f ' - _. _.._. �__,_..... .. — --�._.....�. +r�T.' _.,�+- _.;-'�"T:�T�i�EP�STCSSxXN•r'rs r . t SUBDIVISION AGREEMENT (§1) Subdivision: 4055 WOODMINSTER (§1) Subdivider: RHEEM VALLEY , (B. & P. Code §§ZZ61Z-Z2) a joint venture 1 Effective Date : November 4. 1270 (Contra Costa County (§1) Comoletion Period: ONE YEAR Standard Form; 8-67) (§4) Deposits : A. (cash 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $18 000.00 2. (labor,materials) Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage , street signs , fire hydrants , and all improvements as reauired by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429 ; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash: together with . . . . . . . . . . . . . . . . . . . . . B. Bonds , etc. : (Z - FaithfuZ Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier' s check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing- payment to the contractor, to his subcontractors , and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warranty, . Subdivider warrants that said imrrovement Calan is ade- quate to accomplish thic to-k as promisees? in Section 2 : and if, at any time before t' e County' s resolution of _-c � 1''-_en for the subdivision, the improverent plan rrovez to be i nada^uate in an-1 respect, Subdivi- der shall make= chances neces.sary tc acc.-nr11-,h the .:ork as promised. -1- 6. No Waiver by County. Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials , or payments therefor, or any combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards , commissions , officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 8. Costs. Subdivider shall pay when due all the costs of the work, inclu3ing inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. 10. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall Day the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees , costs of suit , and all other expenses of litigation incurred by County in connection therewith. 11. Assignment. If before County accepts these improvements , the subdivision is annexed to a city , the County may assign to that city the County' s rights under this a-reement and/or any derosit or bond securing them. 12. Record %•'ar. In consideration hereof, court-- s1s 1 allo..: Subdivider to file and record said subdivision rap , ani rec ._nizes this subdivision as one complying .,.ith State laws and Count,-; ordinances . -L- diems' a , IN. T. PAASCH CLERK BOARD OF s9A4 FP,'i ^I1S �N�RAC Tr�C ' nv �QI COUNTY OF CONTRA -COSTA SUBDIVIDER: (see note below) By SEE EXHIBIT "A" ATTACHED HERETO AND Chairman, Board upervisors 14ADE A PART HEREOF FOR EXECUTION. By ATTEST: W. T. PAASCH, County Clerk Designate official capacity in the & ex officio Clerk of the Board business) Note to Subdivider: (1) Execute Deputy acknowledgment form below; and (2) If a corporation, attach a certified copy of (a) the bylaws FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board County Counsel of Directors, authorizing execution of this contract and of the bonds required gy hereby. Deputy State of California ) as. (Acknowledgment by Corporation, County of ) Partnership or Individual) On , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above Who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. Notary Public for said County and State (Subdiv. Agrmt• CCC Std. Form) (HP-9; Rev. 9-69; 200) -3- EXHIBIT "A" Subdivision Agreement, $18,500.00 RHEEM VALLEY VENTURE, a joint venture, by the following joint venturers, each individually and as one of the joint venturers of said joint venture. REBMA CALIFORNIA EIGHT, INC. , ROYSTON ASSOCIATES, a Missouri corporation a partnership B y Y B P. 0 son, ce Presidento o r, a par r By awrence Ayer., a pa ne By comas S. David, a par ner STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTIA)SS On this 28thday of October , 1970, before me, the undersigned, a Notary u Tic in an or sac County and State, personally appeared John F. Nohr, Lawrence H. Ayer and Thomas S. David known to me to be all of the partners of Royston Associates, the partnership that executed the within instrument on behalf of said partnership, said partnership being known by me to be one of the joint venturers of Rheem Valley Venture, a joint venture, and acknowledged to me that such partnership executed the within instrument, both individually and as a joint venturer of said joint venture and that such joint venture executed the same. �-via a�aaun w� _ VIOLA M. OLSEN ` NOTARY PUBLIC•CALIFORNIA Notary is in an oz a oun y H cour� i on cores De cosr,a = of Contra Costa, State of California = My Comr^issian Expires Oec.23.1971 My Commission Expires 12/23/71 STATE OF MISSOURI ) COUNTY OF JACKSON )SS On this 5th day of ggXembar 1970, before me, the undersign-a notary public n and for said County and State, personally appeared P. H. Thompson, known to me to be the Vice President of Rebma California Eight, Inc. , the corporation that executed the within instrument, said person being known by me to be the person who executed the within instrument on behalf of said corporation, said corporation being known by me to be one of the Joint Venturers of Rheem Valley Venture, a joint venture, and acknowledged to me that such corporation executed the within instrument pursuant to its By-Laws or a Resolution of its Board of Directors, as a joint venturer of said joint venture, and that such joint venture executed the same. Rotary c ST ana for-tRieecou-inty o Jackson State of *Missouri- Charles Dale Durbin Charles Dale Durbin Name of Notary (Typed or Printed) My Comalission expires April 20. 1973. r KIM SUBDIVISION AGREEMENT (§1) Subdivision: 4055 (§1 Subdivider: RHEEM (Private Improvements) VALLEY VENT= Effective Date: November (Contra Costa County §1 Completion Peri�=. QNE YEAR Standard Form; 8-67) §3 Deposit: (faithful perf. )$$ 00 (Cash Deposit $500.00) c.c.co.=. 07ITS6 1. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above-named Subdivider, mutually promise and agree as follows concerning this sub- vislon: 2 . Improvements. Subdivider shall construct, install and complete private road ana street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordi- nance Code, especially Chapter 5 (Sections 8490 et seq. ) of Division 4 of Title 8 and including future amendments, and all improvements required in the approved parcel map improvement plan of this subdivi- sion on file in the County 's Building Inspection Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by Section 84D5(d) of the County Ordinance Code, in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a con- flict between the improvement plan and the County Ordinance Code, the stricter requirements shall govern. 3. Improvement Security. (3 - Faithful Performance) Upon executing this Agreement, Subdi_vTaer shall, in accordance with Section 8494.10(b) (3) of the County Ordinance erode, deposit as security with the County at least the above-specified amount, which is the total estimated cost of the work, in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faith- ful performance of this agreement. 4. Indemnit . Subdivider shall hold harmless and indemnify the indem- nitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers, agents and employees; B - The liabilities protected against are any liability or claim for damage of any kin allegedly suffered, incurred or threatened be- cause 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 unfore- seeable at any time before the County approved the parcel map improve- ment plan or accepted the improvements as completed, and including the defense of any suit(s), action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) n connec on with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions: The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other indem- nification covering any of these matters. 5. Costs. Subdivider shall pay when due all the costs of the work, inclu3ing inspections thereof and relocating existing utilities re- quired thereby. F I L E D Wt. T. PAASCH ! CLERK WARD CF SUPERVISORS FO�TA�O/ /A�OU�:TV Cy�� L�ficµ�C :� Y OF , b . Non erformance and Costs . If Subdivider fails to complete the work and improvements withi the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. 7. Assi n ent. If before these improvements are completed this minor subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. 8. Record Map. In consideration hereof, County shall allow Subdi- vider to a and record said parcel map, and recognizes this subdi- vision as one complying with State laws and County ordinances, and the conditions of approval of the minor subdivision. COUNTY OF CONTRA COSTA SUBDIVIDER: (see note below) By SEE EXHIBIT "A" ATTACHED HERETO Chairman r o Supervisors TION ATTEST: W. T. PAASCH, County Clerk By & ex officio Clerk of the Board Designate o ial capacity in the business) By Note to Subdivider: (1) Execute Deputy acknowledgment form below; and (2) If a corporation, attacfi a certified copy of (a) the by-laws or (b) the resolution of the ]card of Directors, authorizing execution of this contract and of the bonds required hereby. State of California ) ss. (Acknowledgment by Corporation, County of ) Partnership or Individual) On , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. Notary Public for said County ana State FORM APPROVED JOHN B. CLAUSEN, County C Unjel by Deputy ./� EXHIBIT "A". Subdivision Agreement on Private Improvements RHEEM, VALLEY VENTURE, a joint venture, by the following joint venturers, each individually and as one of the joint venturers of said joint venture. REBMA CALIFORNIA EIGHT, INC. , ROYSTON ASSOCIATES, a Missouri corporation a partnership By q, By -z� 1/d P ompson, ce President John F. oir, a par ne l.�A By a re ce . , partn By comas 5, David, a partner STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA)SS On this 28th day of October , 1970, before me, the undersigned, a Notary�Tic in anT�.orr sa `County and State, personally appeared John F. Nohr, Lawrence H. Ayer and Thomas S. David known to me to be all of the partners of Royston Associates, the partnership that executed the within instrument on behalf of said partnership, said partnership being known by me to be one of the joint venturers of Rheem Valley Venture, a joint venture, and acknowledged to me that such partnership executed the within instrument, both individually and as a joint venturer of said joint venture and that such joint venture executed the same. MOOG cemuwnttutteneatnnenttetemntttttu� VIOLA M. OLSEN = _b NOTARY PUBLIC-CALIFORNIA "e COUNTY OF CONTRA COSTA ° Notary Public in and for the County _ bty Commission Expires Dec 23,1971 ..... � UUt=js"U= of Contra Costa, State of California My Commission Expires 12/23/71 STATE OF MISSOURI ) COUNTY OF JACKSON )SS On this 5th day of 4gypin er 1970, before me, the undersign;a notary public In and for said County and State, personally appeared P. H. Thompson, known to me to be the Vice President of Rebma California Eight, Inc. , the corporation that executed the within instrument, said person being known by me to be the person who executed the within instrument on behalf of said corporation, said corporation being known by me to be one of the Joint Venturers of Rheem Valley Venture, a joint venture, and acknowledged to me that such corporation executed the within instrument pursuant to its By-Laws or a Resolution of its Board of Directors, as a joint venturer of said joint venture, and that , such joint venture executed the same. d&AkAaA&C o c n the e oun y o state o Missouri ?lame of Notary (Typed or Printed) My. Commission expires A.nr-i 20. 1973 • A ` BOND No. 734330 c `"{PREMIUM: $458.00 IMPROVEMENT SECURITY, BOND (Faithful Performance & Plaintenance, (CaZif. Bus. & Prof. Code §11612; Contra Costa County Standard Form) in support of Subdivision Agreement on Private Road Improvements. Z. OBLIGATION. (Principal) RHEEM VALLEY VENTURE, a joint venture as Principal, and rSurety7 GENERAL INSURANCE COMPANY OF AMERICA a corporation organized and existing under the laws of the State of WASHINGTON and authorized to transact surety business in California, as Surety, here y jointly and severally bind ourselves, our heirs , executors , administrators, successors and assigns to the County of Contra Costa, California, to pay it : (A - Faithful Performance, & Maintenance) less $500.00 Cash Deposit 4 THIRTY THOUSAND FIVE HUNDRED AND NO------------- - Dollars ($30 500.00 ) for itself or any City-assignee under the below-cited subdivis on contract, plus 2. RECITALS. The Principal contracted with the County on November 4. 1970 to install—and pay for street, drainage, and other improvements in Subdivi- sion No. 4055 , as per map now being filed with the County's Recorder, and to complete said work within One Year - from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him actor ng to the terms and conditions of said contract and improvement plan and- improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety ; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on NOVEMBER 16, 1970 PRINCIPAL SURETY SEE EXHIBIT "A" ATTACHED HERETO N GENERAL INSURANCE-C AMY OFAMD MADE :A NAT HEN—ROF FOR -,y By ' R 1 CK UO AT MY—I N•-FACT ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA ss. CITY AND COUNTY OF SAN FRANCISCO On this 16TH day of NOVEMBER 1970 before me .JoNN W• DAV IS a notary public in and for the State of California with principal office in the City and County of San Francisco, residing therein, duly commis- sioned and sworn, personally appeared FREDERICK 0. LUDLOW 1i , known to me to be the attorney-in-fact of General Insurance Company of America, the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WIIEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in this certificate first abov wri n. 7'1111111111111IIIIllltllllllllllll1f11111f1l1111111� - JOHN W. DAVIS = !� NOTAC.Y PUB!IC -CALIFORNIA (Seal) - S-sa:R1 ;!ea -My commission eA;:i:cs DeL-. s• •tuu•uuta »u:u• uuutu � W i EXHIBIT "A", Improvement Security Bond, Private Road Improvements, $309500.00. RHEEM VALLEY VENTURE, a joint venture, by the following joint venturers, each individually and as one of the joint venturers of said joint venture. REBMA CALIFORNIA EIGHT, INC. , ROYSTON ASSOCIATES, a Missouri corporation a partnership By By � P. pson, ce President �n . Nohr, a par ne By AA awrence Ayer a a By s S. David, a partner STATE OF CALIFORNIA ) COUNTY OF CONTRA COSTA)SS On this 28th day of October , 1970, before me, the undersigned, a Notary-Tu6Tic in an or sai County and State, personally appeared John F. Nohr, Lawrence H. Ayer and Thomas S. David known to me to be all of the partners of Royston Associates, the partnership that executed the within instrument on behalf of said partnership, said partnership being known by me to be one of the joint venturers of Rheem Valley Venture, a joint venture, and acknowledged to me that such partnership executed the within instrument, both individually and as a joint venturer of said joint venture and that such joint venture executed the same. aw�unuuunu�wrdmMUMS . VIOLA M. OLSEN e4J )7) NOTARY PUBLIC-CALIFO::u Notary PubliE in and for the County _ COUN TY OF CONTRA COSTA Z. S MyCommissicn Expires Da._3.1971 = of Contra Costa, State of California � ttuLtuuiutututYr My Commission Expires 12/23/71 STATE OF MISSOURI ) COUNTY OF JAmsw )SS On this 5th day of JqXember 1970, before me, the unders gne , a notary public in and for said County and State, personally appeared P. H. Thompson, known to me to be the Vice President of Rebma California Eight, Inc. , the corporation that executed the within instrument, said person being known by me to be the person who executed the within instrument on behalf of said corporation, said corporation being known by me to be one of the Joint venturers of Rheem Valley Venture, a joint venture, and acknowledged to me that such corporation executed the within instrument pursuant to its By-Laws or a Resolution of its Board of Directors, as a joint venturer of said joint venture, and that such joint venture executed the same. Not is r theCounty-of J ckso stateo Missouri c ?tame of Notary (Typed or Printe My Comission expires April 20. 1973 • A GENERAL INSUARANCE cGMP-AkY OF AMERICA How Of/.cc 4347 Brooilrn A.v.WE.,-bon6r;Maslr,ngron 98105 nsM�wc� POWER OF ATTORNEY No, 2990 KNOW ALL MEN BY THESE PRESENTS: That General Insurance Company of America,a Washington corporation,does hereby appoint -----------------------------FREDERICK 0. LUDLOW 11--------------------------------- its true and lawful attorney(s)-in-fact. with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business,and to bind General Insurance Company of America thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF,Gwwal Insurance Company of America has executed and attested these presents this 23 day of October _ 19 70 Cid �/(Y/?d•4 J�! 0 0—A IRSIA,SECAETAgr GORDOM M SWEAhv,MES*DE%T CERTIFICATE Extract from the By-Laws of General Insurance Company of America: —Article V1, Section 12.—FIDELITY AND SURETY BONDS . . . the President, any Vice President,and the Secretary shall cacti have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business . . . . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company. the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced:provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of General Insurance Company of America adopted July 28, 1970 "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i)The provisions of Article Vl.Section 12 of the Bylaws,and (ii)A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii)Certifying that said power-of-attorney appointment is in full force and effect. the signature of the certifying officer may he by facsimile,and the seal of the Company may be a facsimile thereof." 1,W. D. Hammersla,Secretary of General insurance Company of America,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation.and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 16TH day of NOVEMBER 19 _. t !OTE G� SE A L s n 0 NAEIIEfgSlA.SECgEEAqr tpg� r 5-9-62 R3 8/70 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA July 30 , 1973 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4058 , Rheem Area ) ) Deposit: $500 ) ) Auditor's Permit No. 92588 ) Dated August 20 , 1971 ) Refund to: ) DiGiorgio Development Corporation ) P. 0. Box 67 ) Danville , California 94526 ) On May 16. 1972 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. The foregoing order was passed by a unanimous vote of the Board. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board ` ' o-f Supervisors on the date aforesaid. - Witness my hand and the Seal - -- - of the Board of Supervisors affixed this 30th day of July , 1973 W. T. PAASCH, CLERK- Subdivider cc: Public Works (2) Subdivider �✓ By U �, Deputy Clerk Mildred 0. Ballard ARC) 46249 4b RECM A ft f1'Or�i� 64 DC. iMp 22 1572 wr / O'CLOCK Pat. I PAASCIrr CWCOUNTY FW0Jqa* 0 IN THE BOARD OF SUPERVISORS loic:;O�_ k OF C.it 1 CONTRA COSTA COUNTY, STATE OF CALIFORNIA -Q rn In the Matter of Completion ) of improvements and declaring ) certai road dsd a a --,Coun ) RESOLUTION N0. 7272/321L— roa , S ubdivis �on_.4058, ) Rheen A ) WHEREAS the Public Works Director having notified this Board that construction of improvements have been completed in Subdivision 4058, phew area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 4058, Kowa area August 249 1971 (Federal 2nsureme CoMa W • Bond to. 8049.40-91) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 92588 dated AURust 20. 1971 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described road , having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same ars accepted and declared to be County roads of Contra Costa County: BSRRDs PTACR (28/48/0.06)) MET � (24/44/0.051 vers SWARs (22APO-09) MUM= DI M (28/43/0,09) as shorn and dedicated ror public use an this usp o! subdivision 4058 riled August 26, 1971 in Book 140 of Kaes at Pse* to Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 16th day of M7 1972_, by the following vote of the Board: AYES: supervisors J. P. , J. Z. Keriartj*, - us W. X. Boggess, E. A. L ehoide NOES: Mone. CERTIFIED COPY ABSENT: &Vervisor A. K. Dias. I certify that this is a fuli, the Original true & correct copy of ginal document w rich i.; oa fife In my office, and that it .vas par_,ed y a,;, ._c..t cy tl:e r=rd of S.:Pervisors of Contra Cut C t , Catifo:ia, ou the date :hewn. aiTT, :,:: 1;', r', V-'- .1-.CK county clerk&ex-ofr`do cle,;r cf::id Eoard o:Supervisors, Recorder v'" RESOLUTION NO. 72/321 by deptay clerk, ftbloc: sttbdiividerks (2) lT�: ' Of DOCUME r IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 4058, Rheem Area. } RESOLUTION NO. 71/544 ) WHEREAS a map entitled Tract 4058 , property located in the Rh m are , having been presented to this Board for approval, said map avfng been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1970-1971 tax lien has been paid in full, and the 1971-1972 tax lien, which became a lien on the first day of March, 1971, is estimated to be $5,900; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 89 of the County Ordinance Code; Surety Bonds issued by Federal Insurance Company with D1 Giorgio Development Corporation as principal, as follows: Bond No. 8049-40-91 in the amount of $61,600 for Faith- ful Performance, and $62,100 for Labor and Materials; Cash deposit (Auditor's Deposit Permit No. 92588 dated August 20, 1971) in the amount of $500; Tax Bond (No. 8049-40-92) in the amount of $5,900 guaran- teeing payment of the estimated 1971-1972 tax lien; and Inspection Fee in the amount of $3,105; Subdivision agreement between oration subdivider and the County of Contra Costa. -Wherein s i su iv- ider agrees to complete road and street improvements, etc. , in said subdivision withinone year from the date of said agreement; RESOLUTION NO. 71/544 Form #23; 70-4-500 NOW, THEREFORE, BE IT RESOLVED that said bonds and deposits and the amounts thereof be and the same are hereby 0 BE IT F1TRTNiM RrSOLjTED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements shown thereon as dedicated to the public. PASSED AND ADOPTED this 24th day of Auzust by the following vote of the Board: AYES: Supervisors A. M. Dias, J. E. Moriarty, E. A. Linscheid, J. P. Kenny. NOES: None. ABSENT: Supervisor W. N. Boggess. cc: Public Works (2) Planning Subdivider - DiGiorgio Development Corporation 401 South Hartz Avenue Danville, California 94526 RESOLUTION NO. 71/544 Form #23; 70-11-500 CERTIFIED COPY I certify that this is a full. true R correct copy of the original document which is on file in my office, and that it vias 8- e41opted by the Board of :F: Cl,jt.., f o.rt�. California, on Supervisors of C. 4 t the date shown. A'rTE.c r: tti. 11'. PAASCH, county clerk g ex-officio clerk of said Board of Supervisors, by deputy clerk. on SUBDIVISION AGREEMENT (§l) Subdivision: 4058 (§1) Subdivider: DiGiorgio Development (B. & P. Code §§116ZZ-12) Cor oration 1 Effective Date : August 24. 1971 (Contra Costa County (§1) Completion Period: One Year Standard Form; 8-67) (§4) Deposits : A. (cash) 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ 61 600.00 2. (labor,materials) 2.100.00 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs , fire hydrants , and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments , and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code , the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and wi be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement , Subdivider shall, pursuant to Bus . & Profs. Code §11612 , deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . . B. Bonds , etc. : (I - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier' s check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors , and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. S. Warrantz.. Subdivider warrants that said improvement plan is ade- nuate to acco- plish t`ii:- -•To-k as rrorlsed in Section 2 : and if, at any time before t'ie Count.Y' s rez oiution of ccs:- l `lon for the subdivision, the improvement plan ^roves to be inane^uate fn an-. resuact, der shall make changes necessair-: tc acc ... l_Jh h— r._ as prorised. -1- y 6. No Waiver by County. Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials , or payments therefor, or any combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing; any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceedings) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligerl.t) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters . S. Costs. Subdivider shall pay when due all the costs of the work, incl—uff ng inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall nay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements , the subdivision is annexed to a city, the County may assip-n to that city the County's rights under this a ;reement and/or any derosit or bond securing them. 12. Record r.'an. In consideration hereof, rourt.r shall allot-., Subdivider to file and record said subdivision map, and re^c_nizes this as one complying- frith State laws and your ,... or4 nances . -2- t FILED Ww. _ . PAASCH scipts CLERK BOARD Cf SUPERVIT �CONi RA d$ Ar CQUN Oepu1Y BX/ COUNTI OF CONTRA COSTA SUBDIVIDER: (see nate below) B P. nT r-T(1RC:Tn npxri'T.nyrdll:mm t`f1RPC1PATTf1A7 C air an, Board of Super isor ATTEST., W. T. PAASCH, County Jerk ig to official capacity in the & ex officio Clerk =eBoard busi ) By Nate to Subdividers (1) Execute Deputy acknowledgment form below; and (2) If a corooration, attach a certified copy of (a) the bylaws FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board County Counsel of Directors, authorizing execution of this contract and of the bonds required 8y hereby. Deputy State of California ) ss. (Acknowledgment by Corporation, County of ( � +��_,. } partnership or Individual) On l j /f y J l , the person(%) whose name(s,) is/are signed above for Subdivideand who is known to me to be the individual and Officer or partner as stated above wha igned this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. Notary Public for said County and State (Subdiv. Agrmt- CCC Std. Form) (HP-9: Rev. 9-69: 200) �r"""'"..� +-----................,�ra,� .fR4VET B. BRUHN x cX,IMA COs+, CO-CALIF. .�r:x:untcrap�rrstr�s:u:rse:u:e.:�iut� —3- My Commission Expires Ewe—4,2972, ACTION OF THE BOARD OF DIRECTORS OF DI GIORGIO DEVELOPMENT CORPORATION The undersigned, being all of the Directors of Di Giorgio Development Corporation, do hereby unanimously consent to the adoption of the following resolution: Resolve: That John M. Blessen, Vice President of this Corporation, is hereby authorized to enter into, on behalf of this Corporation, a Subdivision Agreement with the County of Contra Costa covering Subdivision 4058, to execute a Performance Bond, Labor and Materials Bond and Tax Bond in connection therewith, together with such other documents and instruments as may be incident thereto. DIRECTORS OF THE CORPORATION James D. Graham ) P. F. Scott ) ss T. C. McNally III ) Certificate of the Secretary Janet B. Bruhn, Assistant Secretary of Di Giorgio Development Corporation, a corporation, does hereby certify and decree that the foregoing is a full, true and correct copy of a resolution adopted by action taken by unanimous written consent of the Board of Directors without a meeting, dated August 4, 1971, and that the by-laws of this Corporation authorize the Directors to select John M. Blessen, Vice President, and that said resolution is now in full force and effect. In testimony whereof I have hereunto set my hand and affixed a corporate seal of said Corporation this date of August 16, 1971. Janet B. Bruhn, Assistant Secretary DI GIORGIO DEVELOPNtNT. -< CORPORATION z' PUBLIC YVORKS DEPARTMENT VICTOR SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER.SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROA7CH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR August 24, 1971 Our File: HP - Subdivision 4058 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 4058 in Supervisorial District III in the Rheem area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one-year time limit for com- pletion is August 24, 1971. 2. Performance Bond, in the amount of $61,600. This bond, together with a $500 cash deposit (Auditor's Receipt No. 92588, dated August 20, 1971) is to guarantee completion of road and street improvements as required by the County Ordinance Code. 3. Labor and Materials Bond in the amount of $62,100. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1971-72 tax, which became a lien on the first Monday of March, 1971 is estimated to be $5,900. 5. Tax Bond in the amount of $5,900, guaranteeing payment of estimated tax. The map is submitted for filing by Western Title Guaranty Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, LID VICTOR W. SAUER Public Works Director r - Z�!1 W. PAaSC �/CLERK OOAR 'vG GF SFERV1oOFiS By06zn, / ... EIA Z.L_.CL. �1lL DePu.Y 8121 E. Kilkenny Assistant Public Works Director PEK:fa Highway Planning cc: Western Title Guaranty Co. Planning Department Construction Division i Fa r ACKNOWLEDGMENT OF ANNEXED INSTRUMENT STATE OF CALIFORNIA COUNTY OF_-San.VranCjgCn ss On this.- ..jth.....day of----------_.August_____.._.in the year one thousand nine hundred and. before me. ............_.._......._..................._ ...._..______..-__._-_--......... _.........a Notary Public in and for the County of..............SaA_FraACi -CCL-.-..-.-._..—__,residing therein, duly commissioned and sworn,personally appeared to me to be the.......Attor -'yt-j n-_fart,__. — of FEDERAL INSURANCE COMPANY,the Corporation that executed the within instrument,and also known to me to be the person........who executed the within instrument on behalf of the Corporation therein named and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of SStl Francisco ......_ ...the day and yeas in this certificate first above written. �J &Piiblic . A`, R "' Notary and for the County of C.1 1FCRi1 = ......................._.._.._ _ ..State of California My Commission exS .1,. 7*7 OV-470 PRINTED IN U.S.A. �hlllllf{!il({iltiU{St!{t{iiillltttl(ltittlllttS[t1tlCe r Bond No. 8o4g-4o-91 Premium:W2.00 . IMPROVE„-iEINT SECURITY BOND (Faithful. Performance & Maintenance,' In Labor & Materia Zs) (Calif. Bus. & Prof. Code §ZZ6Z2; Contra Costa County Standard Form) Z. OBLIGATION. (Principal) DI GIORGIO DEVELOPMENT ' CORPORATION . . . . . . . . . . . . . . .as Principal, and ure y . _ nMn; IN.SiSR6Nrj ,, . . . . a corporation organized and existing under the lairs of the State of ' New Jerrs..�yC,. and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs , executors , administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful. Performance, & Maintei,ance) STXTY ONE THoUS1AND SIX HUNDRED AND 01100-- --Dollars {$51,60"O.i}0 ) for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials ) SIXTY TWO THOUSAND ONE HUNDRED AND NO/100-------- Dollars ($62,100.00- - ,!„) for the benefit of persons protected under Cal. Bus.&Prof.Code §11612e Z. RECITALS. The Principal contracted with the County on +Amaust,2tn. 1971 to install and pay for street, drainage, and other improvements in Subdivi- sion No. 405$ , as per xnap now being. filed with the County's Recorder, and to complete said work within from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONtDY'TiON. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-W above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors , subcontractors, and persons renting equipment or furnishing labor or materials to thein for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any., Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2$19, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included .in the ,judgment. SIGNED AND SEALED on Awalir't 9th LcjU . PRINCIPAL SURETY , DI GIORGIO DEVELOPMENT CORDORATION By _ 5rney-in-B. E. Ia s fact State of California County of (ACKNOWLEDGAIVIT BY SURETY) On - _ /. �_, the person(&) whose name(Q is/are signed above for SuregY and �who is known to me to be the Attorneys)-in-Fact for this Corporatid Surety, personally appeared before me and acknowledged to me that he/tbe-y signed the name of the Corporation as Surety and his/bhe� own name(-&.,) as its -Attorney(s.1-in-Fact. Notary P ub nd State (Imp. Sec. Bond, GCC Std.Fora) _ :rte JANET B. 6Rl1HN s HP45;Rev. 8-6. 7; Zoo) co�;T:Ra COS kCO..CALIF. a . MY Commission Expires Dec.4, 1971 t Certified Copy of • = POWER OF.ATTORNEY gum all Aim hg 91t WI!=10. That the FEDERAL INSURANCE COMPANY,90 Join Street,New York,New York,a New Jersey Corporation,has constituted and appointed, and does busby constitute and appoint E. A. Stabb Stanley Parr B. E. Davis di jail Fraa,;1zc0, California each its true and lawful Attorney-in-Fact to execute under such designation in its name and to aft its corporate seal to and deliver for and on its behalf as surety thereon or otherwise,bonds of any of the following classes,to-wit: 1. Bonds and Undertakings (other than Fiduciary Bonds) filed in any suit, matter or proceeding in any Court, or filed with any Sheriff or Magistrate, for the doing or not doing of an in such Bond or Undertaking, in which the penalty of the bond or undertaking does not ams of One Hundred Thousand Dollars ($100A00.00). L Surety Bonds to the United States of America or any agency thereof, including those required or permitted under the laws or regulations relating to Customs or Internal Revenus; Liesees and Permit Bonds or other indemnity bonds under the laws, ordinances or regulations of any Z;:Cit, ,Town,Villags, Board or other body or organisation, public or private; bonds to Transportation Com Lest Instrument bonds, Lease bonds, Workmen's Compensation bonds, Miscellaneous Surety bonds and�bo% on behalf of Notaries Public, Sheriffs,Deputy Sheriffs and similar public odkials. 3. Bonds on behalf of contractors in connection with bids,proposals or contracts. in UMM 19*tnt. the said FEDERAL INSURANCE COMPANY bas,pursuant to its ft-laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be bents afiized this lot day of January 19 71. FEDERALINSURANCR COMPANY BY Frederick C.Gardner W� a Vice-president 1'JERS� Walter LsF t sec..t ry STATE OF NEW YORK Comty of Naw York On this IN isy at Jawwwy 1971,before nall came Walter to me known and by me known to be Assistant Secretary of the FEDERAL IMUI V E COI�ANY,the described in and which executed the foregoing Power A Attorney and the said Walter LaForge being by me duly sworn, did depose and say that be resides in the City of New York,in the State of New York;that be is Assistant Seer- e[ the FEDERAL INSURANCE COMPANY and knows the corporate seal thereof;that the seal affixed to the 1,010900g Power of Attorney issuch corporate seal and was thereto affixed by authority of the By-laws of said Company and that be signed said Power of Attorney as Assistant Secretary of said Company by litre authority;that be is acquainted with Frederick C.Gardner and knows him to be Vice President of said Company,and that the signature of said Frederick C. Gardner subscribed to said Power of Attorney is in the genuine handwriting of said Frederick C.Gardner and was there- to subscribed by authority of said By-Laws and in deponent's presenee. Acknowledged and Sworn to before ate E� B on the date above written d*a NotaryPublie i* pU .10 MARY L BENDICg NOTARY Public, State of New York �f,� •'•w...• '>►®� No.24.0237960 wlf• M Qualified in Kin"County Certificate filed in New Yank County C mmissim Bspires Mareb 30,1971 FORM 124"(ic.1.711 8.772 41M) EDWARD W. LEAL ALFRED P.LOMELI COUNTY TREASURER-TAX COLLECTOR Assistant County Treasurer-Tax Collector PHONE 228-3000 E XT. :485 TAX COLLECTOR'S OFFICE FIRST INSALLENT orDUET TANDM AYA@LETA Ef CONTRA COSTA COUNTY FIRST II.STALLMENT OF TAXEg ON TNC FIRST O.♦ OF NOV(MR[R O[LINOUENT MARTINEZ. CALIFORNIA ON TME TENT" DAY OF DEC(M6E0 SEFDND INSTALLMENT OF TAX[] DUE AND rA YA]L[ e[CONO INSTALLMENT OF TAXES July 3os 1971 O[LITME ON TME FIRST DAY OF rignUAAT ON TENT- DAY DAY O►ARRIL IF THIS TRACT IS NOT FILED BY OCTOBER 31, 1971, THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 4058 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1970-71 tax lien has been paid 3n fullo Our estimate of the -iopri-II" tax lien, which became a lien m the first day of March, IWI is $ 5,_ UWARD W. LEAL Redemption Officer By: ` Delkty dl F I LED W. T. PAASCH CLERK BOARD OF SUPERVISORS TRA T CJ0 NTV OEO:tty ACKNOWLEDGMENT OF ANNEXED INSTRUMENT STATE OF CALIFORNIA ss.: COUNTY On this....._—....day of-.___...AuguA' _in the year one thousand nine hundred and .SP.Y _On,g _ before me, ........................_--------------- _____w_ ___..._1. A.1''l�L .___ _,a Notary Public in and for the County of.__-,Saa--FrBaCiscp__..._--___residing therein, duly commissioned and sworn,personally appeared ..._-_...................... to me to be the...=#.QxAa�t-� of FEDERAL INSURANCE COMPANY,the Corporation that executed the within instrument,and also known to me to be the person........who executed the within instrument on behalf of the Corporation therein named and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the County of .San.Francis-�p--___�__-----_-___.---.__._the day and year iIl this certifi ;,;.—State written. !ltJtt:ttatnttattttta�lrrtt<te�lfaftuuJ111u!!! /�1� J. A. FRY W Notary Pfor the County of _, •-.�:•.,: FOR t _ '=�`,•;;• ';OT�;r?Y :'Js'_iC-C:L! NIA ' --.-..-.—.--__.._ of California M Commission _ , •!-e!O 61Y :.''.1'.:IS 'e'3 E3:?:EES SEPT. 24, 13Y2 'ntliIIIlat:{Ililil::{aa{lt:::lttit�!!Il1S! tiiililiL PRINTED IN U.S.A. Bond No. 8o49-4o-92 Premium: $".Od - BOND AGAINST TAXES KNCW ALL Ia N BY THESE PRESENTS: THAT DiGiorgio Development Corporation , as principal and (Surety) FEWERAL TNSTTRANCE COMPANY , a corporation organized and existing under the laws of the State of and authorized to transact surety business in California as surety are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of FIVE THOUSAND NINE HUNDRED AND N01100-- Dollars ($, 5,900.00 to be paid to the said County of Contra Costa, for the payment of which well and truly to be made, we and each of us bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. Sealed -with our seals and dated this 9th day of Augus& s 19-71-- The conditions of the above obligation is such that WHEREAS, the above bounded principal is about to file a map entitled SUBDIVISION 4058 r and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said Tract of land covered by said map, which.-taxes and special assessment's collected as taxes, are not as yet due or payable. NOW, THEREFORE, if the said prin[+lgl _ shall pay all of the taxes and special assessments collecte6 as taxes which are a lien against said tract of land covered by said map, at the time of the filing o_' said nap of said Tract, then tris obligation shall be void and of no effect. Otherwise it shall re- main in full force and effect. DiutL Corpor-avion Principal FEDERAL INSURANCE COMPANY Surety B ACKNOWLEDGEMENT (By Principal) B. Davi Attorney-in-fact State of California ) County of ) County in wFl-c- acknowleu-ement 2s car en On before me, �; - �. � � � a Notary Public, in and f�said County and State, personally appeared known to me to be of the corpora tion that executed the within •_ns : .rumen± ' and also known to me to be the nernon who executed it on behalf of such corporation and ackno::ledr;ed to me that such corporation executed the within ;instrument pursuant to its by-laws or a resolution of its board of directors. y .....................�M JM.ET 8. BRUHN 'di ulfirlo .o JZ •_ 'type t (� :�;•"-t:Y name of notary CONTRA CCS74 CO..CALIF. - NOTARY PU DIL1C e•;. v!+•••7r,-t'•R71'aJ-i:......._ala■ MY Commission Expires Dec.4, 1971 Ceraw Copy of _ - POWER OF.A11TORNEY JUUM atff AIM by lqM#tkt U10. That the FEDERAL INSURANCE COMPANY,90 John Shest,New York,New York,a New Jersey Corporation,bas constituted and appointed, and does hereby constitute and appoint E. A. SUabb Stanley Park B. E. Davis of Zan Fran ci_co, California each its true and lawful Attorney-in-Fact to execute under such designation in its name and to of its oosjwra4 seal to and deliver for and on its behalf as surety thereon or otherwise,bonds of any of the following classes,to wit: 1. Bonds and Undertakings (other than Fiduciary Bonds) Sled in any suit, matter or proceeding in any Court, or Sled with any Sheriff orMagistrate, for the doing or not doing of anything specified in such Bond or Undertaking, in which the penalty of the bond or undertaking does not exceed the sum of One Hundred Thousand Dollars ($100,000.00). L Surety Bonds to the United States of America or any agency thereof, including these required or permitted under the laws or regulations relating to Customs or Internal Revenue; Liceass and Permit Bonds or other indemnity bonds under the laws, ordinances or regulstioas of any State, (Sty, Town, Village, Board or other body or organization, public or private; bonds to Transportation Companies, Lost Instrument bonds, Lease bonds, Workmen's Compensation bonds, Miscellaneous Surety bonds and bonds on behalf of Notaries Public, Sheriffs,Deputy Sheriffs and similar public ofikials. 3. Bonds on behalf of contractors in connection with bids,proposals or contreeb. In NUUMB 1rttnf. the said FEDERAL INSURANCE COMPANY has,pursuant to its By-Laws, caused these presents to be signed by its Vice President and Assistant Secretary and its corporate seal to be baste affixed this Lt day of January 19 7L FEDERALINSURANCS COMPANY By . `�,►weurc� µ Gr•��. • Frederick C.Gardner Vies-President Ham' 'JER Waltw LaFa Asnetaat Secretary STATE OF NEW YORK ML:County of New York t/ On this let day et January 1971,before me pe nallT came Walter LaFGN% to we known and by me known to be Assistant Secretary of the FEDERAL INSURANCE COII[PANY,the corporation described in and which executed the f . Power of Attorney and the said Walter LaForge being by me dulydid swo_ranf, the FEDERAL Iand NSURANCEt he des in COMPANY and knows tf New he corporain the�sseal thereofof New ;that the seal aStud to the fthat he is Assistant oregoing Power of Attorney is such corporate seal and was thereto affixed by authority of the By-Laws of said Company and that he signed said Power of Attorney as Assistant Secretary of said Company by bice authority;that he is scqusinted with Frederick C.Gardner and knows him to be Vice President of said Company,and that the signature of said Frederick C. Gardner subscribed to said Power of Attorney is in the genuine handwriting of said Frederick C.Gardner and was there- to subscribed by authority of said By-Laws and in deponenVa presence. Acknowledged and Sworn to before Ine � BES on the date above written §,I O «• Notary Fable MARY K. BEIr'DICs .% f+Q! NOTARY Public, State o New York f4lE,••..'.•• 7960 Qualified in sings County Certificate Sled in New York County Commission Expires March 30,1971 FORM 124"(ED.1.71) K-773 4ION) QTY AND COUNTY OF NEW YORK: es. I,the undersigned,Assistant Secretary of the FEDERAL INSURANCE COMPANY, do hereby certify that the following is a true excerpt from the By-Laws of the said Company as adopted by its Board of Directors on Manch 11,1853 and amended January 2, 1964 and that this By-Law is in fall force and effect "ARTICLE SIZ. Section P. All bonds,undertakings,contracts,powers of attorney,and otber instramanta other than as above,for and on behalf of the Company which it is authorised by law or its,chaster to execute,may and shall be executed in the name and on behalf of the Company either by the Chairman or the Vice-Chairman or the President or a Vice-President, jointly with the Seere- tart' or an Assistant Secretary, under their respective designations, except that any one or more eflims or attorneys-in-fact designated in any resolution of the Board of Directors or the Executive Committee, or in any power of attorney executed as provided for in this sashes,. may execute any an&bond.undertaking,or other obligation m provided is such resolution or power of attoeaey." A d I farther certify that I have compared the foregoing copy of the POWER OF A2WRNEY with the original thereof and the same is a correct and true copy of the whole of said original Power of Attorney and that said Power of Attorney has not been revoked. And I fottber certify that said FEDERAL INSURANCE COMPANY is duly licensed to transact fidelity and surety business in each of the States of the United States of America, Puerto ]Rico, and each of the Provinces of Canada with the exception of Prince Edward Island;and is also duly licensed to become sole surety on bonds,under- uUngs,etc,,permitted or required by law. Given under my hand and the seal of said Company at New York, N. Y., this.......�.h.. ......... dp of .-:..:August...................., 19.. 1...... Qh J / Assietme Secretary IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA June 3 197.E In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4076, Byron Area � Deposit: $500 ) Auditor's Permit No. 86520 ) Dated November 25, 1970 ) Refund to: ) Veronica Development Corporation ) P. 0. Box 335 ) Byron, California 94514 ) On September 18, 1973 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. PASSED by the Board on June 3, 1975• I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 3rd day of June , 1975 cc: Public Works (2) J. R. OLSSON, CLERK Subdivider By �,4,_Deputy Clerk Constance J. Davies 93683 BOCK7E4 w813 Clerk, Board of Supervisors RECORDED AT REQUEST OF Room 103, Administration Building SZ? 25 1973 Martinez CONTRIQ�,TI..�,Q _........ SEP 25 AT O'CLOCK M. elm emm IN THE BOARD OF SUPERVISORS W. T. PAWN OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA AEC011DER OFFL . In the Matter of Completion )of improvements and declaring ) certain roade as County ) RESOLUTION NO. 73/734 road/, •_SUkdivision 4076. ) ) DieeorOr:-saT area. . . . � ) WHEREAS the Public Works Director having notified this Board that oen.troetim Of improvements have been completed in Subdivision 40769 91eeeOere say area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 4076 KSOOVOVY say area Zone her 179 1970 (sireeml a Void Inenram a Oomp=W • send Sao 30-6224745) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 86520 dated YOTVeNher 25i 1970 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same We accepted and declared to be _ County road• of Contra Costa County: _ Lid COWHOsir� t 36/�% o.1y�I RIV POUT. WTLWW LAMBOMT 132 2/0.63 WMWW TAU ROAD 0.4/64/0.051 sR,M LAU (32/52/0.132 as dwva aad dedieated for puhlie use an the sg of sWioieiea 4076 Mod Doeesher 9, 1970 in Book 134 of Maps at fto 19, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 18th day of septemler 197 3 , by the following vote of the Board: AYES: Sopereiewm J. P. E+ mwe W* so smogs$ It., A. Lineeheids J. s. KOriartT- NOES: Tule o ' f/ ABSENT: SnpOrvieOr A. K. Dias* C-at this is a full, true & Vice oritiinai document wiiicit is a file!n m rrect copy of s:d that :t „ pa::sed y office, .oyer.i or -c opted by the Board of of Contrc Costa County. Ca:itorn. on rile nate sltou^i ATTEST: ZV. T. P.11ASCFI, county ale:it&es-officio clerk of said Board of Supervisors, DOI ROOOrder V RESOLUTION NO. 73/734 ny deputy clerk. ?.bile Works WaNidder � � C« END OF DOCUMENT I ' T0: W. T. Paosch, County Clerk-Recorder Parcel No. FRO Di: P. E. Kilkenny, Issst. Public Works Director, Highway Planning Attached o i FEiz TIO/ / dated S6pT. 21T 7 for b-e A/ /-x7 6,E ,-Oue /_D!5 g�-S on (Road) Road No. Grantor: k:�ceON/CA Termini: location: ,U VR 0,A/ is acceptable for recording. Please submit to Recorder for recording. Drawing too. •SIB -4 O?(,r Board Approval: Resol. No. By f E' Dated Assistant Public Works Dir for Highway Planning After recording the instrument, please return attached copy with the following information to County Public Works Department, Highway Planning Division. 118440 DEC 18 1972 Recorder's Series Flo• , ��D++apptrre��P,ecord��errcd Official Records - Book and Page _ 900r:DOLS PAGE M 4P-40 (10/70 - 100) In the Board of Supervisors of Contra Costa County, State of California AS EX OFFICIO THE GOVERNING BOARD OF CONTRA COSTA COUNTY SANITATION DISTRICT NO. 19 November 14 1972_ In the Matter of Approval of Agreement (Amendment No. 1) for Subdivisions 3653, 4076 and 4077, Brentwood Area. WHEREAS the Board heretofore approved agreements for construction of improvements in Subdivisions 3653 (August 27, 1968) , 4076 (Decem- ber 8, 1970) , and 4077 (February 16, 1971) ; and WHEREAS the Board considered an Agreement (Amendment No. 1) between Contra Costa County Sanitation District No. 19 and Veronica Development Corporation, said agreement providing for the acceptance of water and sewerage service facilities for the abovementioned sub- divisions, with the exception of landscaping for which a $10,254 cash bond (Auditor's Deposit Permit No. 103538 dated November 14, 1972) has been deposited with the District to insure completion; and WHEREAS said Agreement (Amendment No. 1) is accompanied by surety bonds issued by Highlands Insurance Company, with Veronica Development Corporation as principal, as follows: Subdivision 3653 - Bond Nos. 908109 and 908110 , each in the amount of $38,000; Subdivision 4076 - Bond Nos. 908112 and 908115, each in the amount of $15,000; and Subdivision 4077 - Bond Nos. 908111 and 908113, each in the amount of $12,000; NOW, THEREFORE, on motion of Supervisor A. M. Dias, seconded by Supervisor W. N. Boggess, IT IS BY THE BOARD ORDERED that said agree- ment is APPROVED and Supervisor E. A. Linscheid, Chairman, is AUTHORIZED to execute same in behalf of Contra Costa County Sanitation District No. 19. The foregoing order was passed by the following vote: AYES : Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. NOES: None. ABSENT: None. 1 hereby certify that the foregoing is a true and card copy of an order entered on the nninvtes of said board of Supervisors on the date aforesaid. cc: Veronica Devel. Corp. Witness my hand and the Seal of the board of Public Works Supervisors Sewage, Waste S Water affixed this 14thdoy of Nov mb x , 1972 Planning n �� W. T. PAASCH, Clerk Auditor - by ` l�f��x ''Jr✓ltl�t Deputy Clerk Mildred 0. Ballard x. .:��. M24 4n2 10M iV In the Board of Supervisors of Contra Costa County, State of California April 18 19 72 M the Matter of Approval of Agreement Extensions for Subdivisions 3653s 4076, and 40779 Brentwood Area. The Public Works Director having reported that in recent months the Veronica Development Corporation organization has under- gone changes and the new management has made progress toward eliminating the various problems which had developed during the construction of the current units of the Discovery Bay subdivisions; and The Public Works Director having further reported that the developers have now submitted a request for the extension of time limits under the Subdivision Agreements for three units of the Discovery Bay subdivisions with a schedule for completion of the rewaining work to be done in these units; - On the recommendation of the Public Works Director and on !notion of Supervisor A. M. Dias , seconded by Supervisor J. E. .. Moriarty, IT I9 BY THE BOARD ORDERED that Subdivision Agreement Extensions for the following listed subdivisions in the Brentwood area are APPROVED: Subdivision No. New Expiration Date 3653 August 20, 1972 4076 November 17, 1972 4077 January 27, 1973 ' IT IS BY THE BOARD FURTHER ORDERED that Supervisor Be A. Linscheid, Chairman, is AUTHORIZED to execute said Subdivision Agreewent Extensions on behalf of the County. The foregoing order was passed by the following vote: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, Be A. Linscheid. NOES: None. ABSENT: None. 1 hereby certify that the foregoing is a true and correct copy of on order entered on the minutes of said Board of Supervisors on the date aforesaid.. cc: Public Works (2) Witness my hand and the Seal of the Board of Planning Supervisors Veronica Dov. Corp. affixed this 18th day of ur,it. 39 -M ! W. T. PAASCK Clerk Deputy Clerk Helen C. Marshall "M I1/71 IOM STATE OF CAUFMNIA COUNTY O . Contra Costa � SS.' N on March 21, 1972 before me,the undersigned.a Notary Peblie is and 6r said State. personally appeared Ronald W. Doll , known to me to be tiK Ptesident, -- ----- --------------- htwon to�aie-te�c-------------Seetem y�E rite zerparalisor titer 'Ibc ttntYr Bsatntaest; r; known to me to be the persons who executed the within Instrument on bebahf of the corporation tberein named, and , acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of directom WMESS my band and a&cmd sed. JEANNE MORANO NOTAW PUBLIC- CWF C031RA COSTA COLOTY Jeanne Morano COMM.EXP.JAN.30. IW6 Name (Typed or Printed) �.ar cArpWad"• 4 -I . State of CALj� County ofd ss: On JANUARY 20, 1972 therein, duly commissioned and sworn, personalty appeared before me, a Notary public in and for said County and State, residing DONALD K. HOWARD, JR. known tome to be Attorney-in-Fact of FIREMAN'S FUND INSURANCE COMPANY the corporation described in and that executed the within and the said instrument in behalf of the said corporation, and he duly a k1dstrument,now nand known to me to be the ged to me that such corporationperson who executed executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year sta117 te this certificate i above. t ' JEANNE L. Fii ?,N1;1..J My Commission Expire i '36212--6- 6 Public C r My Commission----------------- r 8 .0 .` SUBIat'ISION AGREEMENT EXTENSION Contra Costa Subdivision Number • 4076 Name : Veronica Development Corporation (Ori gi nal) Agreement Late • November 20, 1970 Suret_r Name : Fireman's Fund Insurance Company Bond No. : SC 6228745 Amount : $124,000.00 Date • November 17, 1970 Extension Mew termination Date : November 17, 1972 This Subdivider and his Suretv desire that this subdivision agreement be extended through the above date; and Contra Costa County and the Surety hereby agree theretc and acknowledge same. FILED W. T. PMSCH S�CUM am M SWa VISM NTY By7r��T/+ _�' Deputy i — e Dated: January 20, 1972 Veionica Development Corporation - M'�IIPA (XJS'iA "rT*:Tfj By: Subdivider t Chairman, Board of Supervisors F r ' WesmA ety By Donald R. Howard, Jr. Att ey-in-FaAct A'iT '1: W. i. :A::,Cu. Cocntv :'1 erk and ex offt c'- o -1-rk of they Board F0 � `?- rJ• i.. . Deputy . -C� r , ,.. - t t,N ', S-,�0 -,,ID:i'S A S'��i^_"S SIGNAITJRES TO BE NOTARr MD) IjP-1^ (Rev. 7-mo0' IN THE BOARD Ob' SUPERVISORS OF CONTRA COSTA COUN'T'Y, STAT% OF CALIFORNIA In the Matter, of Approving July 6, 1971 Issuance of Building Permits, Discovery Bay, Byron Area (Tracts 3653, 4070 and 4077) . :r. Richard Rockwell, Attorney representing Veronica Development Corporation, appeared before the Board to protest in connection with the development of Phase 1, Discovery Bay (Subdivisions :'os . 3653, 4076 and 4077) Byron area, the refusal of the County Building Inspector ;;o issue building permits to purchasers of lots in said subdivisions until the County health bf.ficer and the Engineer ex officio of Contra Costa County Sanitation District 19 are satisfied that an acceptable com- munity sewage disposal system is available; and Tyr. Rockwell stated that the problem is one of inter- pretation of County Ordinance Code Section 4648, that he disagreed with the interpretation by county staff, and he requested that the code be amended to provide for the ;ranting of a conditional per- mit if a community sewage disposal system approved by the County Health Officer is under construction, and properly bonded to assure completion prior to occupancy of any structure; and Following discussion of the matter Supervisor W. N. Boggess moved that the request be denied; the motion was seconded by Supervisor J. P. Kenny; and Thereupon Supervisor A. M. Dias made an amendment to the motion, to refer the matter to the County Health Officer, Public Works Director, and County Counsel for review with a rep- resentative of Veronica Development Corporation and report to the Board on July 13, 1971; the motion as amended was seconded by Supervisor J. E. Moriarty, the vote was called and the motion failed by the following vote: AYES: Supervisors A. M. Dias, J. E. Moriarty. NOES: Supervisors W. N. Boggess, J. P. Kenny. ABSENT: Supervisor E. A. Linscheid. Supervisor Dias thereupon made a second amendment to the motion, to refer the matter to the County Government Operations Committee (Supervisors Dias and Boggess), which committee would review same with the aforesaid parties and report to the Board later in the day; the motion was seconded by Supervisor Moriarty and passed by the following vote: AYES: Supervisors A. M. Dias, J. E. Moriarty, W. N. Boggess, J.. P. Kenny. NOES: None. ABSENT: Supervisor E. A. Linscheid. Suuorvisor Dias reported that the members of the County Government Operations Committee were unable to reach an aLVaerant on a recommendation; and the Board again conducted a hearing on tho mattar with those concerned; and Zia Cbunty Counsel advised the Board it had three options : 1. Consider the matter as an appeal fro= an administrative decision; 2. * Rescind the ordinance; or 3. Amend the ordinance; and It having been determined to consider the matter as an a(I-ainistrative appeal from the decision of the County Health Officer and County Building Inspector; On motion of Supervisor J. E. Mloriarty, seconded by Supervisor A. M. Dias, IT IS BY Ta BOARD ORD-1-72D that the appeal is GRANTED, and building permits on the aforesaid subdivisions are AUTPHORIZED to be issued upon request and compliance with all other requirements . No occupancy of any structure shall be allowed until the seiner treatment facility is completed and has been accepted by Contra Costa County Sanitation District No. 19. Such limitation shall be noted on each building permit issued. ine foregoing order was passed by the following vote of the Board: ASS: Supervisors A. M. Dias, J. E. Moriarty, J. P. Kenny. NOES: Supervisor W. N. Boggess. ABSENT: Supervisor Z. A. Linscheid. I HEREBY CERTIFY that the foregoing .is a true and correct copy of an order entered on the minutes of said Board of Super- visors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 6th day. of July, 1971. W. T. PAASCH, CLERK -- Miriam A. Scott, Deputy Clerk cc: Attorney Richard Rockwell Veronica Development Corporation.. County Administrator County Counsel County Planning Director (2) County Public Works Director (2) Sewage, Waste and Water County Health Officer County Building Inspector IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 4076, Byron Area. ) RESOLUTION N0. 70/818 } WHEREAS a map entitled Tract 4076 property located in the Byron area , having been presented to this Board for approva , said map aving been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1970-71 tax Ilan has been paid in full; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 8, of the County Ordinance Code; Surety Bonds issued by Fireman's Fund Insurance Company With Veronica Development Corporation as principal, as follows: Bond No. SC-6228745 in the amount of $124,000 for Faithful Performance, and $124,000 for Labor and :Materials \ to guarantee completion of public road and street improvements; Cash deposit (Auditor's Receipt No. 86520 dated November 25, 1970) in the amount of $500; Inspection Fee in the amount of $6,200; and Subdivision agreement between Veronica Development Corporation, subdivider and the County of Contra Mta, wherein said su e- ider agrees to complete road and street improvements, etc., in said subdivision within 1 year from the date of said agreement; (NovemE—er 17,Tn71) r RESOLUTION NO. 70/818 Form #23; 70-4-500 NOW, THEREFORE, BE IT RESOLVED that said bonds and deno_its and the amount_ thereof be and the same are hereby APPROVED. BE IT FURTHER RESOI;JED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and. this Board doer not accept or reject on behalf of the public any of the streets, roads, avenues or easements shown theron as dedicated to the public. PASSED AND ADOPTED this 8th day of December , 1970 , by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, E. A. Linscheid, T.J. Coll. NOES; None. ABSENT: None. CEF TlrnD COPY I ccrty _- is a full. true & correct copy Of the ocl;1•:-1 ) ' is nay office, .i Mid ••2 ; Wa-i tj:� Eto.r4 Gf CaA.'Oni" on t.,e c: c �:u�:,.. ..:'1'i".,, C.. .. > F, count clerl:"' a:-uffiCio cie:'k,,: id Board of Supe::-isors, by de ty clerk Oil .....,11...7" cc: Public Works (2) Planning Subdivider Veronica Development Corporation, .1545 Palos Verde Mall, Walnut Creek RESOLUTION NO. 70/818 Form 23 68-6-200 gq tom. F' 1 LED W. T. PAASCH CLM ftm a wPMMVISMMS TV wty SUBDIVISION ARP,EEMENT (51) Subdivision: TRACT 44076 (51) Subdivider: VERONICA nr:vt.r.oPMENT •(B. i P. Code $511611-12) CORPORATION 151) Effective Date : Noyr•.tiiu:R 17, 1970 (Contra Costa County (51) Completion Period: ONE YEAR Standard Form; 8-67) (54) Deposits: A. (cash) • 500. B. (bonds , etc. ) •' 1.(faithful serf. dr maintenance) $124 ,00Q.00 2. (labor,materials) 124 ,000.00 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: S. Improvements. Subdivider shall construct, install and complete road and street imnorovements, tract drainage , street suns , fire hydrants , and all improvements as reouired by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future anendr:!ents , and all improvements required in the approved improvement olan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Fan Act (Business & Professions Code §§11500 and fclio*wir_g) , in a good workmanlike *tanner, in accor- dance with accepted construction practices and in a .manner equal or superior to .the recuire:ments of the County Ordinance Code and rulings made thereunder: and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & 'Maintenance. Subdivider guarantees that the work is and will be tree from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8h24 ; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Imyrover:ent Fecurity: Derosit 3 °o»ds. Upon executing this Agreement , Subdiv_der shall, pursuant to Bus . & Profs. Code §116129 deposit as securi"y with the County: A. Cash: $500 cash: together with . . . . . . . . . . . . . . . . . . B. Bonds , etc. : (Z - FaithfuZ Performance) additional security for at least the above-specified amount , which is the total estimated cost of the work less $500, in the fora of a cash deoosit , a certified Or cashier's check, or an acceptable cornor3Le surety bond, guaranteeing his faithful ^erfcrr..ance of this acrerm:ent and :maintenance of the ;pork for one year after completion and acceptance thereof against any defec- tive workmanship or :materials or any unsatisfactory performance ; plus (2 - Labor & 'fater:ats) another such additional security in at least the above-specified amount , which is the full amount of said estimated cost, securing- payment to the contractor, to his subcontractors , and to person: renting- ecuinment or furnishing labor or materials to thea • or to the Subdivider. S. Warrant`. Subdivider warrants thgt said imrrover:nnt elan is ade- auete to acco•:nlioh t'iir •'pork as prorLnfrd in Section 2 : and i!', at anv time before County's re.o.Lution of 1••! :gin for the nuhdivision, the improver•evc n1an proves to be lnadenuate in :env respect , Subdivi- der shall m:+k•• chsnrez neces:arl tc accomnl tzh the work as promised. -1- 4 6. No Waiver by. County . Inspection of the work and/or materials , Or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the reouirements of this ar.reement , 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 contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. F. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards, commissions , officers, agents and employees ; 8 - The liabilities protected against are any liability or claim for damage of any Mind 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 Countv approved the Improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceedings) concerning these: C - The actions czusin liability are any act or omission (negli- gent or non-negligent) in conneczicr. ::ith the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any office:, agent or employee of one or more of 'Cher : D - Non-Conditions : The rrc:aise and agreement in this szction is not conditioned-or dependent on whether or not any indemnitee has pre- pared, supplied, or approved any plan(s ) or specification(s) in con- nection frith this :•rork or subdivision, or has insurance or other in- demnification covering any of these matters . d. Costs. Subdivider shall nay when due all the costs of the work, ineluuffing inspections thereof and relocating existing utilities re- quired thereby. S. Surveus. Subdivider shall set and establish survey monuments in accordance wi:h the filed map and to the satisfaction of the County Road Commissioner-Surveyor. 10. Nonverforma„ce and Costs. If Subdivider fails to complete the work and improrenents within the time specified in this agreement or extensions ►ranted, County may proceed to comolete them by contract Or otherwise, and Subdivider shall Day the costs and charmes there- for immediately; upon demand. If Counter sues to concel performance of this agreement or recover the cost of ccrmnleting the improvements , Subdivider shall pay all reasonable attorneys ' fees , costs of suit , and all other expenses of litigation incurred by County in connection therewith. It. Assianme);t. If before County accents these imarover:entn , the subdivision is annexed to a city, the Counter may a--sir-n to that city the County' s rir-hts under this a;reement and/or any dernsit or bond securing; them. a1t. Record !gar. In consideration hereof, Count- shill allow Cubdivider to file and r•c (:ord said subdivision man , and recor-nizez this subdivision as one complyinr :elth State laws and County ordinances . 13. On August 20, 1968, Bixland Corporation entered into a Subdivision Agreement with Contra Costa County relating to subdivision improvements' in Subdivision 3653, Discovery Bay, Unit No. 1. Subdivider has heretofore succeeded to all interest of Bixland Corporation in and to Subdivision 3653, Discovery Bay, Unit No. 1.• . Subdivider hereby guarantees the faithful performance by Bixland Corporation of the Subdivision Agreement dated August 20, 1968. ILI f LINTY OF CONTRA COS- SUBDIVIDER: (see note below) By VE ONICA DEVELOP`TEN O PORAi Chairman, Board of S ervisors UA- ATTEST: W. T. PAASCH, County Clerk s gnate official capacity J-n he j A ex officio Clerk of the Board bu ' gess) VICE PkES_T,---FN 8y.= :L,fte� ('' Note to Subdivider: (1) Execute Deputy acknowledgment form below: and (2) If a coraoration, attach a certified cooy of (a) the bylaws FORM APPQOVED: JOHN B. CLAUSEN or (b) the resolution of the Board County Counsel of Directors, authorizing execution of this contract and of the bonds required By hereby. Deputy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . State of California ) as. (Acknowledgment by Corooration, County of _ Contra Costa ) Partnership or Individual) On D camber 7, 1970 , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the incividual and officer or partner as stated •bovP whn signet this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed Barbara Big ow Qb tary public for said County and State (Subdiv. Agrmt. CCC Std. corm) (M 0 �>i=t irt�t. F:�t, P_% Rev. 9-60: 27 ) 4 '�•\., BARBARA B.G!OW • ;—�j CONTRA COSTA COUNTY '.tyco-nmissionExpires fan.1,1972 n c?rpet. mr,*'Ocb.Calif.94509 •} r 11/18/70 IMPROVEMENT COST ESTIMATE DISCOVERY BAY - UNIT 2 - TRACT 4076 ITEM QUANTITY UNIT UNIT COST TOTAL 1. Streets " a. Fine Grade 281,632 S.F. .021 5,914 b. ' Subbase 3,261 C.Y. 5.50 17,936 c. Aggregate Base 5,534 Tons 3.75 20,752 d. - .15' A.C. Paving 147,589 S.F. .10 14,759 e. 3" Sand Blanket 314 C.Y. " 1.20 377 f. 4" P.C.C. Sidewalk 33,904 S.F. .38 12,884 g. P.C.C. Curb & Gutter 9,058 L.F. 1.95 17,663 h. Prime Coat 147,589 S.F. .01 1,476 i. Street Signs 5 Ea. 45.00 225 j.. A.C. Dike 982 L.F. .75 736 k. Monuments 19 Ea. 50.00 950 1. Street Lights 19 Ea. - 200.00 3,800 SUBTOTAL * $97,472 2. Storm Sewers a. Type A Inlets 5 Ea. 400.00 2,000 b. Type A Inlets on MH Base 3 Ea. 700.00 2,100 c. 14" A.C. Pipe 1,099 L.F. 6.63 7,286 SUBTOTAL $11,386 3. Landscaping & Irrigation $ 1,500 4. Survey $ 1,500 SUBTOTAL $111,858 Contingency 10% 11,186 TOTAL PUBLIC I14PROVEMENTS $123,044 • PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMM I SSIONER•SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR December 8, 1970 Subdi RECEIVED Honorable Board of Supervisors Administration Building Martinez, California DEC 8 - �9�� W. T. PAASCH Gentlemen' CLERK BOARD OFF SUPERVISORS • By�Jl.�!�``R/ 'L1.r/� 9, Deputy There is submitted for your approval the map of S ivision 4076 in Supervisorial District V in the Byron area. Accompanying this map and pertaining thereto are the following docu- ments: 1. Subdivision Agreement. Expiration date of one-year time limit for completion is November 17, 1970. 2. Performance Bond in the amount of $124,000.00. This Bond, together with a $500.00 cash deposit (Auditor's Receipt No. 86520 dated , November 25, 1970, is to guarantee completion of road and street im- provements as required by the County Ordinance Code. 3. Labor and Materials Bond in the amount of $124,000.,00. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property. The map is submitted for filing by Financial Title Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAUER Public Works Director By Raul E. 'lkenny' Assistant Public Works Direct PEK:fa Highway Planning cc: Financial Title Company Planning Department Construction Division ■ 1 State of CALIFORNIA County of SACRA,1E11 0 ss: • On NOVEMBER 17, 1970 before me, a Notary Public in and for said County and State, residing therein, duly commissioned and swam, personally appeared PATRICIA ANN MERGEN known to me to be Attorney-in-Fact of FIREASM'S FUND INSURANCE COMPANY the corporation described in and that executed the within and foregoing instrument,and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my Mand and affixed my official seal, the day and year st in this certificate above. ---------------------------- My Commission Expires Notary Public 360212--4S-66 Bond No. SC-6228745 } Premium: $1,860.00 IMPROVEMENT SECURITY BOND (FaithfuZ Performance & Maintenance,' AND Labor & MateriaZe) (CaZif. Bus. Prof. Code §ZZ6Z2; Contra Costa County Standard Form) Z. OBLIGATION. corporation, (PrincipaZ) VERONICA DEVELOPMENT CORPORATION a Califorinia as Principal, and ure y FIREMAN'S FUND INSURANCE CONPA_ly a corporation organized and existing under the laws of the State of California and authorized to transact surety business in Californ a, as surety, he—re——y jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintenance) ONE HUNDRED TWENTY-FOUR THOUSAND AND N0/100 ******* Dollars ($124,000.00. - for $124,000.00 _for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials) ONE HUNDRED TWENTY-FOUR THOUSAND AND N0/100 ******* Dollars ($124,000.00 ) for the benefit of persons protected under Cal. Bus. &Prof.Code 511612. 2. RECITALS. The Principal contracted with the .County on ;november 17- 1970 to install and pay for street, drainage, and other improvements in Subdivi- sion No. TRACT #4076 , as per map now being filed with the County's Recorder, and to complete said work within ONE YEAR from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him accords to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code 52819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be :;axed as costs and included in the judgment. SIGNED AND SEALED on NaVRMRRR 17 . 197o • i, PRINCIPAL SURETY FIRFIIAN'S FUND INSURkNCE COMPANY tTCA nEVET, N - Patricia Ann MerRen Attorney-i Fact State of Calif rni ) ss, County of � ) (ACKNOWLEDGMENT BY SURETY) On .,fl /7 ��7� , the persons) whose narze(s) is/are signed above for Surety and -ho is known to me to be the Attorneys )-in-Fact for this Co1pporate Surety, personally appeared before me and acknowledged to me that hh�' t ey111signed the name of the Corporation as 'urety and his/their own name(s) Attorneys)-in-Fact. mmr►nlnnnuuunmm�nw// � li V, sj OFFICIAL ;LAL +i GIVEN L. IVHEAT NOTAiZy PUBLIC • CALIFORNIA sy. COUNTY OF CONTRA COSTA my Commia�,,n;iz;res l�nc ic,;9„ _ Notary Public for said County and State (♦:tI11111111/11111!!1!1 Ittltl t1 (Imp. Sec.Bone ;Ver"St9ft-Arm) r CERTIFIED COPY OF RESOLUTION ADOPTED BY BOARD OF DIRECTORS OF VERONICA DEVELOPMENT CORPORATION NOVEMBER 4, 19 70 RESOLVED, that JORGEN LUNDING is authorized, on behalf of this corporation, to execute all documents and do all things required by all Municipal Agencies and the Real Estate Commissioner of the State of California, for the purpose of obtaining a public report from the said Commissioner for Subdivisions No. 4076 and 4077. I, BERT DAVI, Secretary of VERONICA DEVELOPMENT CORPORATION, do hereby certify that the foregoing is a full, true and correct copy of resolution duly and regularly passed and adopted at a Special meeting of the Board of Directors of said corporation held on November 4 , 1970 , at which meeting a majority of the Directors of the said corporation were present and voted in favor of said resolution. That the foregoing resolution has not been altered, appealed or amended and is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of this corporation this 4th day of November 1970. BERT DAVI, /$ cretary v r • + _ t EMMETTT-HITCHCQCK EDWARD W LEAL, JR COUNTY TREASURER.TAIL COLLECTOR ASSISTANT TAX COi_LE&OR'S OFFICE COUNT, TRE.SLR[R ir.%IWOLLECTOR • "n"Ir 229-`.•00 ALFRED P LOMECI E`T Z'.f 2'07 CONTRA COSTA COUNTY TAi 09FICE MANAGER FIRST $NSTALLMEAT Or TARES FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 D[LtNOU[NT DUE AND PAYABLE ON THE FIRST DAY OF NOVEMBER y'� ON THE TENTN OAT Of DECEMGER SECONDINSTALLMENT OF TAXES November 17, 1970 SECOND INSTALLMENT TA1E5 DUE AND PAYABLE DELINQUENT ON TME FIRST DAV OF FEBRUARY ON THE TENTH DAY OF APRIL IF THIS TRACT IS NOT FILED BY FEBRUARY 281, 19 7; 'IBIS LETTER IS VOID This will certify that I have mained the map of the p vposed subdivision entitled: TRACT T:C. 4076 and have determined from the official tax records that there are no unpaid county taxes heretofore levied on the property included in the map. The current 1970-71 tax lien has been paid in full. INKEW HITQiCOM Redemption Officer Her: i oe*ty dl IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA May 27 197 5 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4077, Byron Area ) Deposit: $500 ) Auditor's Permit No. 88260 ) Dated February 16, 1971 ) Refund to: ) Jor en V. Lunding ) 150 Palos Verdes Mall ) Walnut Creek, California 94596 ) On September 18, 1973 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. PASSED by the Board on May 27, 1975, I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 27th day of May , 197 5 J. R. OLSSON, $14 CLERK cc : Public Works (2) Subdivider /l Discovery Bay Corp. By C/Ovc,� .ccc�Deputy Clerk P- 0. Box 85 Constance J. Davies Byron, California 94514 �s . 30C� � 93681 . 814 Clerk, Board of Supervisors SEP 25 1973 RECORDED AT REQUEST OF Room 103, Administration Building UG"1 11 A COSTA COUM Martinez _............ ......................•-------- wT &WAiRsa acn►arm . IN THE BOARD OF SUPERVISORS W. T. PWH YOF CONTRA COSTA COUNTY, STATE OF CALIFORNIA GOUNy ItECO1lpElt OFFT In the Matter of Completion ) of improvements and declaring ) certain road_ as _ County ) RESOLUTION NO. 73/735 road_, Subdivision 4077, ) Discovery Bay Area.,, ) WHEREAS the Public Works Director having notified this Board that construction of improvements have been completed in Subdivision 4077, Discovery Bay area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 4077, Discovery Bay Area February 16, 1971 (United Pacific Insurance Company - Bond No. B-643507) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. $3260 dated February 16, 1971 ) be RETAINED for one year pursuant to the requirements ofSee- 94-4.406 aao==xx&419*X* of the Ordinance Code. BE IT FURTHER RESOLVED that the hereinafter described road_, having 'been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same accepted and declared to be _ a County road_ of Contra Costa County: DISCOVBl ` POINT (40/60/0.63) as shown and dedicated for public use on the mao of Subdivision 4077 riled February 17, 1971 in Book 135) of _- aas az Page 13, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 18th day of Senttmber 18 , 197% , by the following vote of the Board: AYES: Supervisors J. P. envy, �.T. ogaeaa E. A. Linscheid, J. E. IvIoriarty. NOES: -None . ABSENT: Supervisor A. I•i. Dias. CERTIFIED COPY 1 certify that this is a full, true & correct copy of the original docwnent v::Jch is on file in my office, .Lnd that it wa3 pa_:sed & adopted by the Board of Supervisors of Contras Costa County, California, on -ie date AhOwn. A-1-TEST: IV. T. YAASCH, county / RESOLUT?0 P.0. 73/735 -terk&e:c-officio clerk of said Eoard of Supen-isors, c e: Re corder r� oy deputy clerk. ?ubli c : orks Subdivider Etta OF DOCUMENT In the Board of Supervisors of Contra Costa County, State of California AS EX OFFICIO THE GOVERNING BOARD OF CONTRA COSTA COUNTY SANITATION DISTRICT NO. 19 ovember 14 1972— In the M~ of Approval of Agreement (Amendment No. 1) for Subdivisions 3653, 4076 and 4077, Brentwood Area. .Of WHEREAS the Board heretofore approved agreements for construction of improvements in Subdivisions 3653 (August 27, 1968) , 4076 (Decem- ber 8, 1970) , and 4077 (February 16, 1971); and WHEREAS the Board considered an Agreement (Amendment No. 1) between Contra Costa County Sanitation District No. 19 and Veronica Development Corporation, said agreement providing for the acceptance of water and sewerage service facilities for the abovementioned sub- divisions, with the exception of landscaping for which a $10,254 cash bond (Auditor's Deposit Permit No. 103538 dated November 14, 1972) has been deposited with the District to insure completion; and WHEREAS said Agreement (Amendment No. 1) is accompanied by surety bonds issued by Highlands Insurance Company, with Veronica Development Corporation as principal, as follows: Subdivision 3653 - Bond Nos. 908109 and 908110, each in the amount of $38,000; Subdivision 4076 - Bond Nos. 908112 and 908115, each in • the amount of $15,000; and Subdivision 4077 - Bond Nos. 908111 and 908113, each in the amount of $12,000; NOW, THEREFORE, on motion of Supervisor A. M. Dias, seconded by Supervisor W. N. Boggess, IT IS BY THE BOARD ORDERED that said agree- ment is APPROVED and Supervisor E. A. Linscheid, Chairman, is AUTHORIZED to execute same in behalf of Contra Costa County Sanitation District No. 19. The foregoing order was passed by the following vote: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and corrod copy of an order entered on the n*wW of said Board of Supervisors on the date aforesaid. cc: Veronica Devel. Corp. Witness my hand and the Seal of the Board of Public Works Supervisors Sewage, Waste & Water affixed this 14th day of Nny,-mhjP_r , 1972 Planning W. T. PAASCH, Clerk Auditor- / '-x//.&, , Do" Clerk Mildred 0. Ballard L "24 4/72 lam hi . the -Board of Supervisors of Contra- Costa County, State of California April 18 , i9 72 In the Matter of Approval of Agreement Extensions for Subdivisions 3653, 4076, and ' 4077s Brentwood Area. The Public Works Director having reported that in recent months the Veronica Development Corporation organization has under- gone changes and the new management has made progress toward eliminating the various problems which had developed during the construction or the current units of the Discovery Bay subdivisions; and The Public. Works Director having further reported that the developers have now submitted a request for the extension Of tine limits under the Subdivision Agreements for three units of the Discovery Bay subdivisions with a schedule for completion of the remaining work to be done in these units; On the recommendation of the Public Works Director and on motion of Supervisor A. M. Dies, seconded by Supervisor J. E. Noriarty, IT IS BY THE BOARD ORDERED that Subdivision Agreement Extensions for the following listed subdivisions in the Brentwood area are APPROVED: Subdivision No. New E2miration Date 3653 August 209 1972 4076 November 17, 1972 4077 January 27, 1973 ' IT IS BY THE BOARD FURTHER ORDERED that Supervisor E. A. Linscheid, Chairman, is AUTHORIZED to execute said Subdivision Agreestent Extensions on behalf of the County. The foregoing order was passed by the following vote: AYES: Supervisors J. P. Kenny, A. X. Dias, J. E. Moriarty, W. N. Boggess, 8. A. Linscheid. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the mkwW of said Board of Supervisors on the date aforesaid.. cc! Public Works (2) Witness my hand and the Seal of the Board of Planning Supervisors Veronica Dev. Corp. affixed this 1$th day of_ AAril . 19 12 / r W. T. PAASCH, Clerk By f`{Z �c� (? ��I'. U�. Ll Deputy Clerk Helen C. Xerehell I@" t1I1t tam STATE OF CALIFORNIA ODUNTY SS. OF ContT� Cof�ta ON March Z 11 1972 Ware ae, the uOders4PWd,a Notary PXWW iw awd far slid suge, rer—+fb app",tad Ronald W. Doll known to ase to he tl+e President, and ----------------------- Jaw ------------ - ------Jaw -tr we is be -----------------eereur7 of the owpotal" tiLm execoad the wi" Irttttawt, #www�►+re-t*-be-dw,-Par""-wbs-eucstni-"-ndba Instramem an bdalf of the oorperatioa therein waved, and ackmas kApd to me that sneh caepo ation executed the within i tarmenew prtwawt to its by-laws or a resolntioo of its board of dweelom WrIWESS . said airial seal. JEAMNf-MOitAMO �> NOTAR r VWM - CAW. CAYTRA CMA CAIIMfY Jeanne Morano comm' fo'I'3G' IM Mame ITS ar Prim") 'r`ar Cactsrwtiaa_ A i SUBIItt'ISION AGREEMENT EXTENSION Contra Costa Subdivision Number . 4077 Name Discovery Bay (Unit #3) (Original) Agreement Date . January 27, 1971 Surety Name United Pacific FILED Bond Pio. B &3507 �K d � 1 Amount $111,500.00 ! �� /9i;;,.. T. PAABCM Date 1/17/72 eta" �C ICF OWMISM y� , C9 NTV Extension evug + Now lermination Date January 27, 1973. This Subdivider and his Suretv desire that this subdivision agreement be extended through the above date: and Contra Costa County and the Surety hereby agree theretc and acknowledge same. Dated: �� /� Veronica velo ment-Corporation-- Su er j UNITED BLCIFIC INSURANCE COMPANY Chairman, arc? of Superviso-s k_ W. TALBOT JONH Surety ATTORNEY-IN-FACT A*171SS'l: W. 1. :A: C'!. Coi:nty 'l erk and ex offi c` o r'l-rk of the Board Bti►�G��tc�C L Deputy Ej Nt'`',?: ST;-07 -1D=�'S I,VD 5' __f IS SIGNATURES TO BE NOTART72D) ff// uP-lc (Rev. 7-1'0• IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUN'T'Y, STATt OF CALIFORNIA In the Matter 6f Approving July 6, 1971 Issuance of Building Permits, Discovery Bay, Byron Area (Tracts 30653, 4076 and 4077) . Mr. Richard Rock-eiell, Attorney representing Veronica Development Corporation, appeared before the Board to protest in connection with the development of Phase 1, Discovery Bay (Subdivisions Nos . 3653, 4076 and 4077) Byron area, the refusal of the County Building Inspector to issue building permits to purchasers of lots in said subdivisions until the County Health Officer and the Engineer ex officio of Contra Costa County Sanitation District 19 are satisfied that an acceptable com- munity sewage disposal system is available; and Mr. Rockwell stated that the problem is one of inter- pretation of County Ordinance Code Section 4648, that he disagreed with the interpretation by county staff, and he requested that the code be amended to provide for the granting; of a conditional per- mit if a community sewage disposal system approved by the County Health Officer is under construction, and properly bonded to assure completion prior to occupancy of any structure; and Following discussion of the matter Supervisor W. N. Boggess moved that the request be denied; the motion was seconded by Supervisor J. P. Kenny; and Thereupon Supervisor A. M. Dias made an amendment to the motion, to refer the matter to the County Health Officer, Public Works Director, and County Counsel for review with a rep- resentative of Veronica Development Corporation and report to the Board on July 13, 1971; the motion as amended was seconded by Supervisor J. E. Moriarty, the vote was called and the motion failed by the following vote: AYES: Supervisors A. M. Dias, J. E. Moriarty. NOES: Supervisors W. N. Boggess, J. P. Kenny. ABSENT: Supervisor E. A. Linscheid. Supervisor Dias thereupon made a second amendment to the motion, to refer the matter to the County Government Operations Committee (Supervisors Dias and Boggess), which committee would review same with the aforesaid parties and report to the Board later in the day; the motion was seconded by Supervisor Moriarty and passed by the following vote: AYES: Supervisors A. M. Dias, J. E. Moriarty, W. N. Boggess, J.. P. Kenny. NOES: None. ABSENT: Supervisor E. A. Linscheid. Suporvisor Dias reported that the members of the County Govornment Operations Co:mnittea were unable to reach an agree:ran v on a recommendation; and the Board again conducted a hearing on the matter with those concerned; and . The Cbunty Counsel advised the Board it had three options: 1. Consider the matter as an appeal from an administrative decision; 2. Rescind the ordinance; or 3. Amend the ordinance; and It having been determined to consider the matter as an administrative appeal from the decision of the County Health Officer and County Building Inspector; On motion of Supervisor J. E. Moriarty, seconded by Supervisor A. M. Dias, IT IS BY THE BOARD ORDH ED that the appeal is GRANTED, and building permits on the aforesaid subdivisions are AL'TriORIZED to be issued upon request and compliance with all other requirements. No occupancy of any structure shall be allowed until the sewer treatment facility is completed and has been accepted by Contra Costa County Sanitation District No. 19. Such limitation shall be noted on each building permit issued. The foregoing order was passed by the following vote of the Board: A)23: Supervisors A. M. Dias, J. E. Moriarty, J. P. Kenny. NOES: Supervisor W. N. Boggess. ABSENT: Supervisor E. A. Linscheid. I HEREBY CERTIFY that the foregoing .is a true and correct copy of an order entered on the minutes of said Board of Super- visors on the date aforesaid. ?fitness my hand and the Seal of the Board of Supervisors affixed this 6th day of July, 1971. W. T. PAASCH, CLERK By Miriam A. Scott, Deputy Clerk cc: Attorney Richard Rockwell Veronica Dov©lopmant Corporation, County Administrator County Counsel Cou-ity Planning Director (2) Coi:ntg Public Works Director (2) Sewage, Waste and Water County Health Officer County Building Inspector IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 4077, Byron Area. j RESOLUTION N0. 71A20 WHEREAS a map entitled Tract 4OZZ property located in the , having been presentedt7this Board for approval, said map awing been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid 'County taxes heretofore levied on the property included in the map, and that the current 1970-71 tax lien has been paid in full; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 8, of the County Ordinance Code; Surety Bonds issued by United Pacific Insurance Company with Veronica Development Corporation as principal, as follows: Bond No. B-643507 in the amount of $111,500 for Faithful Performance, and $111,500 for Labor and Materials to guarantee completion of public road and street improvements; { Cash deposit (Auditor's Receipt No. 88260 dated February 16, 1971) in the amount of $500; Inspection Fee in the amount of $50575; and Subdivision agreement between Veronica Development Co oration subdivider and the County of Contra Costa, wherein said su e- ider agrees to complete road and street improvements, etc. , in said subdivision within1_year from the date of said agreement; RESOLUTION NO. 71/120 Form #23; 70-4-500 NOW, THEREFORE, BE IT RESOLVED that said bond s and deposits and the amounts thereof be and the same are herevy- APPROVED. BE IT FTTRTHIRM 99SOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements shown theroon. as dedicated to the public. PASSED AND ADOPTED this 16th day of February , 19 71 , by the following vote of the Bow AYES: Supervisors A. M.Diss, J. B. Moriarty, W. N. Boggess, E. A. Linscheid. NOES: Hone. ABSENT: Supervisor J. P. Kenny, Ci;ftT1J,,±2D (20pY I certify that this iti a f::ll, true &- correct copy of the o a"inai �a -a �.:., :c; oz: file in nay office, and that it by the Eoard of Slpervi:,c-- of i- a �:.::_ <:;.�«t� Ca-14:urnia, on the date CH, cl:.r* county i°c -.. .. d .osrd of Supervisors, b: ` �.y •erk. - cc: Public Works (2) Planning Subdivider - Veronica Development Corporation 1545 Palos Verdes Mall Walnut Creek, California 94596 RESOLUTION NO. 71/120 Form #23, TO-4-500 In the Board of Supervisors of Contra Costa County, State of California February 15 19 , 71 1• In the Matter of Authorizing Acceptance of Consent to Dedication for t� Recording, Byron Area, Subdivision 4077. !J lti On motion of Supervisor W. N. Boggess, seconded by Supervisor A. M. Dias, IT IS BY THE BOARD ORDERED that the a_ following listed instrument entitled "Consent to Dedication" dated January. 14, 1971 be accepted for recording only, and t� this Board directs the Clerk to record a certified copy of this acceptance together with said instrument: Grantor Description Reclamation District #800 (consenting to dedication to the 1\ public-.as public roads, of those portions of the roads in Subdivision ti 4077 included within said District's ' Elevation Control Easement". ) Location: Along the south side of Indian Slough, north of State Highway 42 east of Bigler Road. �• The foregoing order was passed by the following vote of 1 the Board: ,C AYES: Supervisors A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. NOES: None. ABSENT: Supervisor J. P. Lenny. I hereby certify that the foregoing is a true and correct copy of an order enNred an the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc : Recorder (via P.W. ) Supervisors 16th Februar 71 Public Works (2) affixed .his day of 19 _ Planning W. T. PAASCH, Cleric Administrator By lu�� - Deputy Clerk Ruth B. Donovan H 24 8/70 IOM EMMETT NITCHCOCK_ ` EDWARD W'LEAL. JR COUNTY TREASURER-TAX COLLECTOR ASSISTANT TAX COLLECTOR'S OFFICE COUNTY TREASURER TAX COLLECTOR r-40W 220 `'DO ALFRED P LOMELI E'T 2'." 307 CONTRA COSTA COUNTY TAX Orr ICC MANAGER G[R FIRST INSTALLMC%, T Or TAXES FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 OEI/ DUE AND PAYABLE DA ON THE TENTH AY OF Os O[C[rB[w ON THE FIRST DAY OF NOVEMBER Januar+.TV 26 1971 SECOND INSTALLMENT OF TAXES SECOND INSTALLMENT Or TAXES DELINQUENT DUE AND PAYABLE ON TN[ TENTH DAT Or APRIL ON THE FIRST DAY OF FEBRUARY IF THIS TRACT IS NOT FILED BY FEBRUARY 28, 1971, 'IRIS LETTER IS VOID This will certify that I have mainsd the map of the proposed subdivision entitled: Tract No. 4077 and have determined from the official tax records that there are no unpaid county taxa heretofore levied on the property included in the nap. The current 1970-71 tax lien has been paid in fall. XXXXXIII EN11ETT HITCHCOCK Redemption Officer Deputy Mxc RECEIVED FEB 167' ; 71 JW. T. PAASCH CLE KBO D OF SUPERVISORS C RA COSTA CO• By .rlLycd.__ Deputy PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 95553 R. D. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR February 16, 1971 Subdivision 4077 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 4077 in Supervisorial District V in the Byron area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one-year time limit for completion is February 16, 1972. 2. Performance Bond in the amount of $111,500. This Bond, together with a $500 cash deposit, is to guarantee completion of road and „ . r✓`- street improvements as required by the County Ordinance Code. 3. Labor and Materials Bond, in the amount of $111,500. 7 � 7? 51' 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property. The map is submitted for filing by Financial Title Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, RECEIVED VICTOR W. SAUER ( Public Works Director FE' 1 :} I T. PAASCH LCLE�S� RD OF SUprF,VISORS D OS AGO. y 1/�Deputy ”--Patr___f E. Kilkenny Assistant Public Works Direct9) Highway Planning BJK:fa cc: Financial Title Company Planning Department Construction Division STATE OF CALIFORNIA COUNTY of Contra Costa SS- ' On February 5 a 1971 before me,the undersigned,a Notary Public in and for said State, personally appeared Jorizen V. IAmdinR known to me to be the Vice President, of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within VIOLA M. �LSEN instrument pursuant to its by-laws or a resolution of its board of directors. NOTARY PUBLIC-CALIFORNIA WITNESS ity s and official seal. ? COUNTY OF CONTRA COSTA • ^ R MY Commission Fspira Do&23.1971 117 Sisnat ' Viola K. Olsen Name (Typed or Printed) r~� Corp"ation ' State of California s s: County of SACRAMENTO r On FEBRUARY 5 1971, before me, the undersigned, a Notary Public in and for said County, personally t appeared EINAR N. BUGLE known to me to be the person whose name is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY, and acknowledged to me that-he subscribed the name of UNITED PACIFIC INSURANCE COMPANY, as Surety, and h• own name as Attorney-in-Fact. j MY cc,ttt:: _..,. . April o. I974 0 My Commission expires 19-- Notary Public in and for said County B-2004 California . Jurat (Attomey-in-Fact Acknowledgment) Rev. 1-65 {u gy utY • BOND NO. B-643507 �- • • PREMIUM: $1,673.00 ' • IMPROVEMENT SECURITY BOND (Faithful Performance & Maintenance, AND Labor & Materials) • (Calif. Bus. & Prof. Code #11612; Contra Costa County Standard Form) • • 1. OBLIGATION • • VERONICA DEVELOPMENT CORPORATION, a Califfornia corporation and UNITED PACIFIC • • INSURANCE COMPANY, a corporation organized and existing under the laws of the State • • of Washington, and authorized to transact surety business in Caifornia, as Surety, • hereby jointly and severally bind ourselves, executors, administrators, successors • and assigns to the County of Contra Costa, California to pay it: • • (A�.- Faithful Performance & Maintenance) • ONE HUNDRED ELEVEN THOUSAND FIVE HUNDRED AND NO/100THS ---------DOLLARS($111,500.00) • for itself or any City-assignee under the below cited Subdivision contract. • • (B - Labor & Materials) • • ONE HUNDRED ELEVEN THOUSAND FIVE HUNDRED AND NO/100THS ---------DOLLARS($111,500.00) ' • for the benefit of persons protected under Cal. Bus. & Prof. Code #11612. • • 2. RECITALS • ' The Principal contracted with Contra Costa County to install and pay for, in • • Subdivision No. 4077, as per map now being filed with the County's Recorder, and • to complete said work within ONE YEAR from said date all in accordance with Sate • and local laws, rulings thereunder and the subdivision contract. Road and street • improvements, tract drainage, street signs, fire hydrants, and all improvements as • • required by the County Ordinance Code, as per agreement dated January 27, 1971 be • • tween Principal and County. • • 3. CONDITION • • If the Principal faithfully performs all thins requied of his according to the • terms and conditions of said contract and improvement plan and improvements agreed • on by his and the County, then this obligation as to Section 1-(A) above shall be- come null and void, except that the guarantee of maintenance continues for the one- • • year period; and if he fully pays the contractors, subcontractors, and persons rent- • ing equipment or furnishing labor or materials to then for said work and improvement, • and protects the premises from claims of such liens, then this obligation as to • • Section 1-(B) above shall become null and void; otherwise this obligation remains in • • full force and effect. • • No alteration of said contract or any plans or specificaitons of said work agreed • to by the Principal and the County shall relieve any Surety from liability on this • • bond; and consent is hereby given to make such alterations without further notice to • or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil • Code #2819, and holds itself bound without regard to and independently of any action • against Principal whenever taken, and agrees that if County sues on this bond Surety - will pay reasonable attorney fees fixed by court to be taxed as costs and included • • in the judgment. • I'• SIGNED AND SEALED ON February 5, 1971. • , • VER ICA DEVE MB CORPORATION • By V s •, • UNIT A IFI_C INSURANCErICOMA • Einar N. Bugge • Attorney-in-Fact • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • SUBDIVISION AGREEMENT (§1) Subdivision: TRACT 4077 (B. & P. Code §§ZZ6ZZ-Z2) (§l) Subdivider: VERONICA DEVELOPMENT CORPORATION 1 Effective Date : Fe ;r.,, rY 16_ 1971 (Contra Costa Countzu (§1) Completion Period : ONE YEAR Standard Form; 8-67) (§4 ) Deposits : A. (cash) •x500. B. (bonds , etc . ) 1. ( faithful perf. & maintenance) $ 111,500.00 2. (labor,materials)$111,510.00 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "bounty" , and the above- named Subdivider, mutually promise and arree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage , street signs , fire hydrants , and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and includin^ future amendments , and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that - the work is and wi be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429 ; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Securit:. : Deposit & Bonds. Upon executing this Agreement , Subdivider shall, pursuant to Bus . & Profs. Code §11612 , deposit as security with the County: A. Cash: $500 cash; toFrether with . . . . . . . . . . . . . . . . . . . . B. Bonds , etc. : (Z - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier's check-, or an acceptable corporate surety bond, �ruaranteeinP his faithful performance of this aEreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount , which is the full amount of said estimated cost , securing payment to the contractor, to his subcontractors , and to persons renting equipment or furnishing; labor or materials to them or to the Subdivider. S. Warrant"'. Subdivider warrants that said improvement plan is ade- nuate to accc'-inlish thi!- ••ro-k as pro-iced in Section 2 ; and if, at any time before t'-.e County ' s reso ution of ;r_ - ? 'an for the subdivision, the improver•e-t. plan proves to be inadenuate in any respect , Subdivi- der shall makt,, chancres necess r-: tc ac.o-inlish the work as promised. -1- t f 6. No Waiver by County. Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement , or acceptance of the whole or any part of said work and/or materials , or payments therefor, or any combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estonned from bring- inK any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards , commissions , officers , agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or a-ny officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters . 8. Costs. Subdivider shall pay when due all the costs of the work, inclu�l g inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. 10. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall Day the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements , Subdivider shall pay all reasonable attorneys' fees, costs of suit , and all other expenses of litigation incurred by County in connection therewith. It. Assignment. If before County accepts these improvements , the subdivision is annexed to a city, the County may assiF-n to that city the County' s rights under this 2:,reement and/or any d::�rosit or bond securing them. 12. Record ;.*a-,,. In consideration hereof, Counts shall allow Cub divider to file and record said subdivision man , and recognizes this subdivision as one corrply-i-r :•rith State laws and County ordinances . -4- 1 COU F CONTRA COSTA SUBDIVIDER: (see note below.) -, - = By VER CA DEVELO ME COR?O 'ION hai man, Board of uZnty ' rs _ ByOlk ATTEST: W. T. PAASCH, Clerk D i nat official capacity -in tin do ex of icio Clerk of the Board bus ass? V�e,�• t7VW�r . By l.�L./, Note to Subdivider: (1) Execute Deputy acknowledgment form below; and ' (2) If a corporation, attach a certified cooy of (a) the bylaws FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board County Counsel of Directors, authorizing execution of this contract and of the bonds required By hereby. Deputy a • • a +► • a a '• a • � • • • a • • • • • a • a a a • a • • • • • • • • • a • • • • • • a • StateofCal��ornia &5&-, ) ss. (Acknowledgment by Corporation, Count of (�<E �'� ) Partnership or Individual On i, the oerson(s) whose name(s) is/are signed above for SubViceran who is known to me to be the individual and officer or partner as stated abowhn sig ed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. ■wwwsmuaunuus = VIOLA M. OLSEN z NOTARY PUBLIC-CALIFORNIA COiJ":TY OF CONTRA COSTA 7 fdy Commissicn Expires Dec.23.1971 w Notary public for said County and State (Suboiv. Agrmt• CCC Std- Form) (HP-9; Rev. 9-69; 200) -3- i CERTIFIED COPY OF RESOLUTION ADOPTED BY BOARD OF DIRECTORS OF VERONICA DEVELOPMENT CORPORATION NOVEMBER 4, 1970 RESOLVED, that JORGEN LUNDING is authorized, on behalf of this corporation, to execute all documents and do all things required by all Municipal Agencies and the Real Estate Commissioner of the State of California, for the purpose of obtaining a public report from the said Commissioner for Subdivisions No. 4076 and 4077. I, BERT DAVI, Secretary of VERONICA DEVELOPMENT CORPORATION, do hereby certify that the foregoing is a full, true and correct copy of resolution duly and regularly passed and adopted at a Special Meeting of the Board of Directors of said corporation held on November 4 , 1970 , at which meeting a majority of the Directors of the said corporation were present and voted in favor of said resolution. That the foregoing resolution has not been altered, appealed or amended and is now in full force and effect. IN WITNESS WHERE-OF, I have hereunto set my hand and affixed the official seal of this corporation this 4th day of November 1970. BERT DP.VI, /SSdcretary v i 1 i IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA June 10 1975 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4086, Byron. Area ) Deposit: $500 ) Auditor's Permit No. 94643 ) Dated November 15, 1971 ) Refund to: ) Mr. Jorgen V. Lunding ) 1515 Palos Verdes Mall ) Walnut Creek, California 94.596 ) On March �5, 1974 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained {for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. PASSED on June 10, 1975. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 10th day of June 197 J. R. OLSSON, JQ,I000CXI CLERK cc : Public Works (2) Subdivider Mr. Jorgen V. LundiBtg ZA�, &c4,4w.,Deputy Clerk Constance J'. Davies IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA June 10 1975 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4086, Byron Area ) Deposit: $500 ) Auditor's Permit No. 94643 ) Dated November 15, 1971 ) Refund to: ) Mr. Jorgen V. Lunding ) 1545 Palos Verdes Mall ) Walnut Creek, California 94596 ) On March 25, 1974 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. PASSED on June 10, 1975. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 10th day of June , 197_5-- J. 97J. R. OLSSON, XU= CLERK cc : Public Works (2) Subdivider Mr. Jorgen V. Lundift ��tc�eDeputy Clerk Constance Davies In the Board of Supervisors of Contra Costa County, State of California July 2 9 19 74 In the Matter of Acceptance of Decrease Rider to Subdivision Security Bond, Subdivision 4086, Discovery Bay Area. The Board on March 25, 1974 having accepted as complete construction of improvements in Subdivision 4086, Discovery Bay area; and The Public Works Director having reported that the developer has requested that the bond that accompanied the Subdi- vision Agreement be reduced to 15 percent of the original amount, as provided for in Section 94-4.406 of the Ordinance Code as amended; On the recommendation of the Public Works Director and on motion of Supervisor E. A. Linscheid, seconded by Supervisor J. P. Kenny, IT IS BY THE BOARD ORDERED that the Decrease Rider for Bond No. 908107 (issued by Highlands Insurance Company) to reduce the bond amount from $193,780 to $29,100 for the remainder of the war- ranty period, is ACCEPTED. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, W. N. Boggess, E. A. Linscheid, J. E. Moriarty. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes or said Board of Supervisors on the date aforesaid. cc- Veronica Development Corp. Witness my hand and the Seal of the Board of Public Works Director Supervisors affixed this 29th day of July , 1974 J. R. OLSSON, Clerk By .4�LZtIA& .� Deputy Clerk Mildred 0. Ballard H 24 5/74 -12.500 Frt A/P $291.00 7= ��:;cam RIDER ► Gry To be attached to and •for•.a a part of S°a'bdivi s i en Improvement Pond Bond No 908107 dated the 22nd day of `:ovenber 19 7' issued by the HIGa_.ANDS I'-JIS?JR :CE COAL-DXiY as Surety on behalf of VERONICA DE17 LOPIMENr' CORPORyT TON as Principal, and in favor of nF rna;-nDa rnaTa rAT.T7tIPN , in cordiseration of the premium charged for the attached bond, it is hereby agreed that the attached bond be ar-umended as follows: j4,zIER AS, the above described bond was filed in the amount of ONE ERP-DR2D NINETY THREE THOUSAND SEVEN _iUNDRED EIG31'Y Dollars ($ 193,780.00 ) as above described (with subsequent amendments amending the amount of said bond to Dollars W-.-:EP':-.AS' said Principal has now been requested to decrease the penalty of said bond to the sum of T;vEN= NINE `T'HOUSA'ND OISTE HUNDRED AND NTO/100 HS Dollars ($ 29,100.00 } NOW, T:MRIEFORE, it, is agree3 between the Principal and the Surety that the a-mount of the said Subdivision Improvement bond heretofore filed, shall be, and the sane is hereby decreased to the sum of II-1--if-EN.-TY NINE THOUSAND O`L Dollars ($ 29,100.00 } . HUNDRED AND NO/100TIiS Provided, however, that the attached bond shall be subject to all its agreements, limitations and conditions except as herein expressly :nodi- fieri, and further that the liability of the Surety under the attached bond as amended by this rider shall not be ci:,nulative. 'A Tris rider shall become effective as of the day of ,Tune 1974 Signed, sealed and dated this 18th day of June 19 -14 . HIG;i A-M 'SURA-NCE CON'?ANY • � By a zs, At- rnev-in-f act DEVELOPNE` T CCRPOP,ATION By l e , In the Board of Supervisors of Contra Costa County, State of California AS EX OFFICIO THE GOVEPVING BOARD OF CONTRA COSTA COUNTY SANITATION DISTRICT NO. 19 June 5 1974 In the Natter of Accepting Sanitary Facilities, Water Distribution System, and Appurtenances Thereto to Serve Certain Subdivisions, Brentwood Area. On motion of Supervisor W. N. Boggess, seconded by Super- visor J. P. Kenny, IT IS BY THE BOARD ORDERED that the sanitary facilities, water distribution system, and appurtenances thereto installed to serve the following subdivisions, are ACCEPTED: No. 4205 - Agreement dated May 30, 1972 No. 4206 - Agreement dated July 18, 1972 "o. 4086 - Agreement dated December 14, 1971 The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, W. N. Boggess, E. A. Linscheid, J. E. Moriarty. NOES: None. ABSENT: None. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Public Wor}:s Director Supervisors Environmental Control affixed this 5th day of June , 1974 County Auditor 1ArAES R. OLSSON, County Clerk f- County Administrator 6y etW46&1d_ , Deputy Clerk Mildred 0. Ballard H 24 5173-15M t, BOOK7190 PAGE 606 When.-Recorded Retusto • Board of Supervisors ` SRWRACOSTA AT REQUEST OF Administration Building 2 S COUNTY APR -1 1974 ATO'OCK M. COWRA CMA COUNTY RECORDS IN THE BOARD OF SUPERVISORS J. R. OLSSON i. OF COUNTY RECORDER CONTRA COSTA COUNTY, STATE OF CALIFORNJ& _ ' OFF'L In the Mattern of Completion ) of improvements and declaring ) certaint,,road_3 as _ County ) RESOLUTION NO. 74/291 road.3, .Subdivision 4086,1 ) Discovery Bay Area) ) 'r, ) WHEREAS the Public Works Director having notified this ' Board that c nst-_�c t tion of improvements grave been completed in Subdivision 4086, Discovery Bay area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 4086, Discovery Bay Area November 9, 1971 (Highlands Insurance Company - Bond No. 908107) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 24A43 dated Tin-Tp;ahpr 15- 1921_) be RETAINED for one year pursuant to the requirements of Section 8 0 of the Ordinance Code as amended. 94-4.4 6 BE IT FURTHER RESOLVED that the hereinafter described roads, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same a"p accepted and declared to be _ County road» of Contra Costa County: DISCOVERY BAY BOULEVARD 40/60/0,49 RIVERLAKE ROAD 40/60/0.44 WILLOW LAZE ROAD 40/60/0.05 S_4ZL COURT 836/56/0.18 2/52/0.0 SHELL COURT BEACH COURT 36/56/0.26) CABRITLO POINT 40/60/0.02) as sno«a and dedicated for public use on the map of Subdivision 4086 fi ed Dycgmber 15 1 71 in Roolc 142 o: Mans at page V Of icia ecords of Contra osta County, State of Caornia. PASSEL AND ADOPTED thiq" 25+.h day of ,rTarr±h , 197-A, by the folloifing vote of the Board: AYES: Su;ervi sots J. P. Kenny, A. M. Dias, tl. 'IT. Boggess, E. A. Linscheid, J. E. Moriarty. NOES: None. ( A� ABSENT: None. CERTIFIED COPY 1 cerrifr that th!- iq .. & co- w� Copy of tl:;� o:!girai 4ito a -nt wlir:� i, oa iiJe in - cfice, and that It was rassett a:fopte.i by tce hoard of SupernvlFo:s of Contra Crr:ta County. California, on ^ the date shown. ATTEST: J. i:. 01--SOX. County RESOLUTION 1-110. 74/291 Cle::c h ex-n!ffe!o Lierk of said Board of Supervfaora, by Deputy Clerk. cc: Recorder t -Public l�Orks Subdiv1de_ END OF DOCUMENT IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COU1TTY, STATE OF CALIFORNIA AS EX OFFICIO THE GOVERNING BOARD OF CONTRA COSTA COUNTY SANITATION DISTRICT NO.; 19 - In the natter of Approval ) of Agreement for Construction ) of Water Distribution and ) December 149 1971 Sewer Facilities, Subdivision ) 4086, Brentwood Area. ) WHEREAS the Board has been presented with an agreement between Contra Costa County Sanitation District No. 19 and Veronica Development Corporation, developers of Subdivision 4086, Brentwood area, guaranteeing construction of water distribution and sewer facilities; and WHEREAS said agreement is accompanied by surety bond (No. 908108) issued by Highlands Insurance Company in the amount of x;93,940 for Faithful Performance and $93,940 for Labor and Materials; NOW, THEREFORE, on the recommendation of the Public Works Director and on motion of Supervisor J. E. Moriarty, seconded by Supervisor A. M. Dias, IT IS BY THE BOARD ORDERED that said agree- ment is APPROVED and Supervisor James P. Kenny, Chairman, is AUTHORIZED to execute same in behalf of the County. The foregoing order was passed by the following vote of the Board: AYES: Supervisors A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, J. P. Kenny. NOES: None. ABSENT: None. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order. entered on the minutes of said Board of Super- visors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 14th day of December, 1971 W. T. PAASCH, .CLERK By. e Helen C. Marshall, Deputy Clerk cc: Public Works (2) - Sewage, Waste do Water Auditor Planning Health Department Subdivider Veronica Development Corp. 995 Treat Boulevard Concord, Calif. 94520 Al i IN THE BOARD OF SUPERVISORS r OF CONTRA COSTA COUNTY, STATE- OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of j Tract 4086, Brentwood Area. ) RESOLUTION NO. 71/860 WHEREAS a map entitled Tract 11086 , property located in the Brentwood area , having been presented o this Board for approv , sai map awing been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the asap, and that the current 1971-1972 tax lien has been paid in full; Letter from the Public works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4. Title 8, of the County Ordinance Code; Surety Bonds issued by Highlands Insurance Company with Veronica Development Corporation, a California corporation, as principal, as follows. Bond No. 908107 in the amount of $193,780 for Faithful Performance, and $193,780 for Labor and Materials; Cash deposit (Auditor's Deposit Permit No. 94643 dated November 15, 1971) in the amount of $500; Inspection Fee in the amount of $9,636.50; Subdivision agreement between Veronica vel meet Cornpration, subdivider and the County of Contra Costa,, w ere n said subdiv- ider agrees to complete road and street improvements, etc., in said subdivision xkbktmxxxcxjsax xtrooLd baa x Sh P tl�et�t rX by Nove'—em9,-7972; RESOLUTION NO. 71/860 Form #23; 70-4-500 NOW, THEREFORE, BE IT RESOLVED that said bonds and deposits and the amounts thereof be and the same ars HeFeW 0 BE IT FTRTHIt RPSOLITED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreeme t- BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements shown thereon as dedicated to the oublic. BE IT FURTHER RESOLVED that an instrument entitled "Grant Deed" dated December 10, 1071 from Veronica Development Corporation, offering for dedication a hO-foot-wide strip of land for drainage purposes, is ACCEPTED for recording only. PASSED AND ADOPTED this 1 th day of December 19.71_,0 by the following vote of the Bo : AYES: Supervisors A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, J. P. Kenny. NOES: None. ABSENT: None. CERTIFIED COPY I certify, that this is a full, true & correct copy of the ot3^iral document c:::ic_Z is oa file is n:y office, and that it v;",- l � �ci a?o,:e1 :;; the —1 oard of Supervi_o_s o: Cort.— i. ._ C,uz."y, Califor.Aa, on tae datae:�oc:,_ �..iL�T: W. T. .AASC:I, county Jerk S c o:flclo clerk of said Board of Sunervisors, by deputy clerk. cc: Public Works (2) LC1u:."ind on .....`.c 22/ Planning Subdivider Veronica Development Corp. 995 Treat Boulevard Concord, California 94520 RESOLUTION N0, 71/860 Form #23; 70-4-500 PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228.1000 DEPUTY PUBLIC WORKS DIRECTOR December 14, 1971 Honorable Board of Supervisors HP - Subdivision 4086 Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 4086 in Supervisorial District V in the Brentwood area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one-year time limit for completion is November 9, 1972. 2. Performance Bond, in the amount of $193,780. This Bond, together with a $500 cash deposit (Auditor's Deposit Permit No. 94643 dated November 15, 1971) , is to guarantee completion of road and street im- provements as required by the County Ordinance Code. 3. Labor and Materials Bond, in the amount of $193,780. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property. For work to be done under agreement with Contra Costa County Sanitation District #19: S. Agreement. Expiration date is December 14, 1972. 6. Performance Bond and Labor and Materials Bond, each in the amount of $93,940, for the installation of water distribution and sewer facilities. The map is submitted for filing by Financial Title Company under the pro- visions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its.Cha•irman tU sign tE� ArR on Agree nt on behalf of the County. V Very truly yours, ,liti I y/�7/ /q �( VICTOR W. SAUER 1'!. T. PAASCH SCH PubilE. s Directoa =e,;�c ':'gD eF su��vtseas CA ERVISORS I •T ' 'O°T' C' � ^ ccY _!. Deputy � P�LYPEK: B. cc: Financial Title Co. ilkenny Planning Department Assistant Public Works Directo Construction Division Highway Planning Sewage, Waste & Water Div. A � f EDWARD W. LEAL ALFRED P.LOMELI COUNTY TREASURER-TAX COLLECTOR Assistant County Treasurer-Tox Collector PHONE 228-3000 EXT. .9e5 TAX COI.I.ECTOR'! OFFICE rIwST INSALL"tNT OFDUET TAND PAYAOLET•ste CONTRA COSTA COUNTY rlwwT INSTA.ftOUC or TAtt. DEtIhaL[hT ON TNC rsosT DAY or NOVg.Ltw - - MARTINEZ. CALIFORNIA ON TN[ T[NT.. ^JAY Or OEC[Y.[. SFCOND INSTAtL1Y1INT Or TAX[S wtCONO 10wSTALLw1NT or TAXIS r1UF AND P'AYAeL[ D[L,Notlrhr ON TN[ riOST DAY Or FtSOUANY December 10,# 1971 ON THE TtNTN DAY Or & ool. IF THIS TRACT IS NOT FILED BY FEBRUARY 28, 19M.9 THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: TRACT No. 4o86 and have determined from the official tax records that there are no unpaid county taxes heretofore levied on the property Included In the map. The current 1971-72 tax lien has been paid 3n fulls, EDWARDW. Redemption cer dl F ' L W. T. PAASCN CLERK BOARD CF SUPERVISORS elfC NIRA COSTA COt!N-TV I SUBDIVISION AGREEMENT _ (§l) -nb, division: 4086 (B. & P. Code §§ZZ6ZZ-Z2) (§1) Subdivider: VERONICA DEVELOP CORPORATION 1 Effective Date : November 9, 1971 (Contra Costa County (§1) Completion Period: 1 year Standard Form; 8-67) (§4 ) Deposits : A. (cash) 500. B. (bonds , etc. ) 1. (faithful perf. & maintenance) $ 193 780.00 2. (labor,materials) 193.780.00 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct , install and complete road and street improvements, tract drainage, street signs, fire hydrants , and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments , and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus . & Profs. Code §11612 , deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (I - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section 2 ; and if, at any time before the County's resolution of completion for the subdivision, the improvement plan proves to be inadequate in any respect, Subdivi- der shall make changes necessary to accomplish the work as promised. -1- 6. No Waiver bre Count; . Inspection of the work and/or materials , or approva of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall held harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are _ the County, and its special districts , elective and appointive boards, commissions, officers , agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these ; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or •has insurance or other in- demnification covering any of these matters. S. Costs. Subdivider shall pay when due all the costs of the work, inclu-31 g inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements, the subdivision is annexed to a city, the County may assign to that city the County' s rights under this agreement and/or any deposit or bond securing them. Z2. Record flap. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying; with State laws and County ordinances . -2- s U FNTRA� STA SUBD`IVIDERs (see note below) By )""r VERONICA, DEVELOPMENT CORPORATION firman, Board of Super ors . By'" t� � ATTE,STTs W. T. PAASCH, County Clerk 75esignate official capacity in the & ex officio Clark of the Board business) Ronald W. Doll, President By c �1t�4tir.�;,(�( Note to Subdivider: (1) Execute Deputy acknowledgment form below; and (2) If a corporation, attach a certified copy of (a) the bylaws FORM APPRO VEDs JOHN B. CLAUSEN or (b) the resolution of the Board County Count of Directors, authorizing execution of ? this contract and of the bonds required By hereby. Deputy State of California ) as. (Acknowledgment by Corporation, County of Contra Costa ) Partnership or Individual) On November 9, 1971 , the person(IK) whose name0b) is/aV* signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. OFFICIAL SEAL, McElroy C. Brooks MCELROY C. BROOKS NOTARYPU OSTA�pUNJy �' ` !JNTRr• �y °CummiSF, rExpiresJune30.1975 CL —` ' 1457 a Walnrt reek, Cai, 94598 tory Public r said County and State (Subdiv. Agrmt. CCC Std. Form (HP-9; Rev. 9-69; 200) -3- V.k'. F,. "1 �o'i•�c a bi o s0 a °�p Jia.. ��,. �� oc� a'i�ovo�0 c01 0 •o0 1a �GD ooa bi oar oIt f / 0,9 o a �� °.�• i. \i °�� ,,•� / Sao ,t O \,c• GO�e c G°�o� �c so'a ` ooa atev t `e �J?� Jr be o9 paGG.r°``r ell r ao \o``R`c• moo�paOS i'`o\`'F s o\ ``, `;� r °4Q,ss o E• . •be cis° Fc Q 10 ooa \,r° Vooi BOND NO. #908107 ~ PREMIM $4907.00 F 1 L E D ' �(Lwl L!j If 7/ IMPROVEIMEAiT SECURITY BOND W. T. PAASCH CLERK BOARD CF XPERVISORS (Faithful Performance & A'aintenance, AND Labor & 4 4j&_' _M� UNTY (Calif. Bits. & Prof. Code §tlM; Contra Costa Coun- ` a Z. OBLIGATION. VERONICA DEVELOPMENT CORPORATION, (Principal) a California co as Principal, and TSurety7 HIGHLAMS NSTIRA -F CQH_ 'kY a corporation organized and existing under the lairs of the State of Tema and authorized to transact surety. business in California, as Surety, hereby jointly and severally bind ourselves, our heirs , executors , administrators , successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintenance) ONE Dollars ($ 193,7' 8' Q_00 )for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials) ONE HUNDRED NINETY THREE THOUSAND SEVEN HUNDRED EZGFtri Dollars ($ ) for the benefit of persons protected under Cal. Bus. &Prof.Code 11 12. 2. RECITALS. The Principal contracted with the County on November 9. 1971 to install and pay for street, drainage, and other improvements in Subdivi- sion No. 4086 , as per map now being filed with the County's Recorder, and to complete said work within one year from said date, -all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that . the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819 , and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on November 22nd, 1971 PRINCIPAL SURETY nRON1 / MALOPMENT CONPMTION HIPU E gMARY By Ronald W. Doll, Pres.i jt ils fact * * * * * * * * * * .. 9E * * # * * * �E State o�' California ) ss County of Contra Costa ) ' (ACKNOWLEDGMENT BY SURETY) On Dece,ber 6, 1971 , the person(x) whose name(z) is/asigned above for Surety and who is known to me to be the Attorneys )-in-Fact for this Corporate Surety , personally appeared before me and acknowledged to me that heATW.1y signed the name of the Corporation as Sure d h3,f 4?@ o.•:n name(s) tt ney(s)-in-tact. (% OFFICIAL D30,1975 MIcELPOY C. • NOTARY PUBLIC_C ��ONrTR? 'COSTA Notary Public for said County and State Expires y� O 2'1.'11 i; L. .r n HIGHLANDS INSURANCE COMPANY *N' HOUSTON, TEXAS R.F,CE , ze q, 47 GENERAL POWER OF ATTORNEY W. T. P A A S C H CLERK BOARD OF SUPERVISORS 1�CQNT IA�CO�S,T,A�COO ByDaputy KNOW ALL MEN BY THESE PRESENTS: That the Highlands Insurance Company, a corporation, duly incorporated under the laws of the State of Texas, doth hereby constitute and appoint B• E. Davis of the City of San Francisco , State of California , to be its true and lawful attorney-in-fact for the following purposes, to-wit: To sign its name as surety, and to execute, seal and acknowledge any and all bonds, recognizances, ob- ligations, stipulations, undertakings or anything in the nature of the same. and to respectively do and perform any and all acts and things set forth in the appended resolution of the Board of Directors of the said Highlands Insurance Company; provided, that the penal sum of no single one of such bonds, recognizances, obligations, stipulations or undertakings shall exceed the sum of Unlimited Dollars (g Unlimited ); the Company hereby ratifying and confirming all and whatsoever the said attorney-in-tact may lawfully do in the premises by virtue of these presents, but reserving to itself full power of substitution and revocation. IN WITNESS WHEREOF, the said Highlands Insurance Company, pursuant to a resolution passed by its Board of Directors, at a meeting held on the 5th day of April. A.D., 1963. a certified copy of which is hereto an- nexed, has caused these presents to be sealed with its corporate seal, duly attested by the signature of its President, Vice Presidents and Secretary this 9th day of June A.D. 19.52c-. PoRlt HIGHLANDS INSURANCE COMPANY sY��si tut .�. I\ I 9&eiv— ►rtsj%s I�wi By Clam filth-secretary Curtis B. Roberts ice-Presid t y STATE OF TERAS COUNTY OF HARRIS, CITY OF HOUSTON. On this 9th day June in the year 19_�2 before me personally came Curtis B. Roberts to me known. who, being by me duly sworn, did depose and say: That he resides in Houston, Texas: that he is Vice- President of the Highlands Insurance Company, the corporation described in and which executed the above in. strument; that he knows the Seal of said corporation; that the Seal affixed to said instrument is such corporation Seal: that it was affixed to such instrument by and under authority conferred by the Board of Directors of said corporation; and that he signed his name thereto by like authority. �w i} Notary Public, Harris County, Texas 0 °� F? f? Y ;N �k CERTIFIED COPY OF RESOLUTION ADOPTED BY BOARD OF DIRECTORS OF VERONICA DEVELOPMENT CORPORATION DECEMBER 7, 1971 RESOLVED, that RONALD W. DOLL, LEWIS N. McKINNEY or ELAINE SENTER are authorized, on behalf of this corporation, to execute the Subdivision Agreement and the Improvement Security Bond for Subdivision number 4086, and such other documents as the County of Contra Costa may require. I, BERT J. DAVI, Secretary of VERONICA DEVELOPMENT CORPORATION, do hereby certify that the foregoing is a full, true and correct copy of resolution duly and regularly passed and adopted at a Special Meeting of the Board of Directors of said corporation held on December 7, 1971, at which meeting a majority of the Directors of the said corporation were present and voted in favor of said resolution. That the foregoing resolution has not been altered, appealed or amended and is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of this corporation this 7th day of December, 1971. —� Bert Davi, S ffretary W. T. PAASCH rLERK BOARD OF SUPERVtSORS By /+/l,C�O•NT COSTA CQ, t^ '�� Deputy HIGHLANDS INSURANCE COMPANY HOUSTON, TEXAS RECE "V ' iy,M7 GENERAL POWER OF ATTORNEY W. T. P A A S C H CLERK BOARD OF SUPERVISOR$ By aCQNTP.A OST,A�CO// f�Ct3/dd Deputy KNOW ALL MEN BY THESE PRESENTS: That the Highlands Insurance Company, a corporation, duly incorporated under the laws of the State of Texas, doth hereby constitute and appoint B. E. Davis of the City of San Francisco , State of California , to be its true and lawful attorney-in-fact for the following purposes, to-wit: To sign its name as surety, and to execute, seal and acknowledge any and all bonds, recognizances, ob- ligations, stipulations, undertakings or anything in the nature of the same, and to respectively do and perform any and all acts and things set forth in the appended resolution of the Board of Directors of the said Highlands Insurance Company: provided, that the penal sum of no single one of such bonds, recognizances, obligations, stipulations or undertakings shall exceed the sum of Unlimited Dollars (S Unlimited ); the Company hereby ratifying and confirming all and whatsoever the said attomey-in-fact may lawfully do in the premises by virtue of these presents, but reserving to itself full power of substitution and revocation. IN WITNESS WHEREOF, the said Highlands Insurance Company, pursuant to a resolution passed by its Board of Directors, at a meeting held on the 5th day of April, A.D., 1963, a certified copy of which is hereto an- nexed, has caused these presents to be sealed with its corporate seal. duly attested by the signature of its President, Vice Presidents and Secretary this 9th day of June A.D. 19 ya i HIGHLANDS INSURANCE COMPANY 3 =� Y� a BY Glen S■ltlt-Secretary Curtis B. Roberta ice`Praa STATE OF TEXAS COUNTY OF HARRIS, CITY OF HOUSTON. On this 9th day June in the year 19§1 before me personally came Curtis B. Roberts to me known. who, being by me duly sworn, did depose and say: That he resides in Houston. Texas: that he is Vice- President of the Highlands Insurance Company. the corporation described in and which executed the above in. strument; that he knows the Seal of said corporation: that the Seal affixed to said instrument is such corporation Seal; that it was affixed to such instrument by and under authority conferred by the Board of Directors of said corporation; and that he signed his name thereto by like authority. Notary Public, Harris County, Texas 'y'•.��.; fit• A RESOLUTION RESOLVED, that this Company do. and it hereby does authorize and empower its President or any one of its Vice Presidents, in conjunction with any one of its Secretaries or any one of its Assistant Secretaries, under its corporate seal, to execute and deliver or to appoint any person or persons as attorney-in-fact or attorneys-in- fact, or agent or agents of this'Company, in its name and as its act, to execute and deliver any and all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performance of contracts other than insurance policies and executing or guaranteeing bonds and undertakings,required or per- mitted in all actions or proceedings, or by law allowed; and, in its name and as its attorney-in-fact or attorneys- in-fact, or agent or agents, to execute and guarantee the conditions of any and all bonds, recognizances, obliga- tions. stipulations, undertakings or anything in the nature of the same. which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States, or by the rules, regulations, orders, customs, practice or discretion of any board, body, organization, office or officer, local municipal or otherwise,•be allowed, required or permitted to be executed, made, taken. given. tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons. corporation, body, office. inter- est, municipality or other association or organization whatsoever, in any and all capacities whatsoever, condi- tioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation or undertaking, or anything in the nature of the same; the nature, class or extent of the instruments so authorized to be specified in such power of attorney. I, Glenn Smith , Secretary of Highlands Insurance Company, hereby certify that at a meeting of the Board of Directors of said Company.duly called and held at the office of the Company at the City of Houston, on the 5th day of April, A.D. 1963, at which was present a quorum of said Directors, duly authorized to act in the premises, resolutions were passed and entered on the minutes of said Company, of which resolutions the foregoing is a true copy and of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of Highlands Insurance Company, this atn day of June . A.D. 19 E9 s! Glenn Smith-Secretary STATE OF TEXAS COUNTY OF HARRIS 1 Glenn Smith Secretary of Highlands Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney. executed by said Highlands Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Company in the City of Houston, Texas, this 22nd day of November , A.D. 19-21 }s{ Glenn Smith -Secretary y 1 :ate Oft�s • CERTIFIED COPY OF RESOLUTION ADOPTED BY BOARD OF DIRECTORS OF VERONICA DEVELOPMENT CORPORATION DECEMBER 7, 1971 RESOLVED, that RONALD W. DOLL, LEWIS N. McKINNEY or ELAINE SENTER are authorized, on behalf of this corporation, to execute the Subdivision Agreement and the Improvement Security Bond for Subdivision number 4086, and such other documents as the County of Contra Costa may require. I, BERT J. DAVI, Secretary of VERONICA DEVELOPMENT CORPORATION, do hereby certify that the foregoing is a full, true and correct copy of resolution duly and regularly passed and adopted at a Special Meeting of the Board of Directors of said corporation held on December 7, 1971, at which meeting a majority of the Directors of the said corporation were present and voted in favor of said resolution. That the foregoing resolution has not been altered, appealed or amended and is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of this corporation this 7th day of December, 1971. - • Bert Davi, S cretary y1 197/ ,� W. T. PAASCH CLERK BOARD OF Sl1AERVISORS LrI,rCO, CONT COSTA COBS/�A,C/Q, SY-/L`2Z -r�✓442A-A4- Deputy IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA July 16 , 1974 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4092, Alamo Area ) Deposit: $500 ) ) Auditor's Permit No. 98254 ) Dated April 5 , 1973 } Refund to: ) Frank and Paul Bolla ) 3158 Miranda Avenue ) Alamo, California 94507 ) On June 25, 1973 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. The foregoing order was passed by a unanimous vote of Board members present. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 16th day of July , 1974 c c : Public Works (2) *X =.x OCL XXX CLERK , Subdivider B y,,�r��.b! �i � , Deputy Clerk Mildred 0. Ballard _ Clerk, Board ;of Superoors . �p� 6985 PAGE774 Room 103•, Administration Building Martine2 RECORDED AT REQUEST OF JUL —5 1973JUL 3 wr2"30 O'CLOCK M. . IN THE BOARD OF SUPERVISORS C0XM CMA COU10 HCOM OF W. T. PEIASCH CONTRA COSTA COUNTY, STATE OF CALIFORNIA COUNTY RECORDER be C cc FEE i OFF L Ir_ the Matter of Completion ) of improvements and declaring ) certain road Vis,, County ) RESOLUTION NO. 73/►453 road_, (Subdivisiori�092) Alcwgo ) Area. ) WHEREAS the Public Works Director having notified this Board that construction of improvements have been completed in Subdivision kt092, Alamo area, as provided in the agreement heretofore executed by -this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: — Subdivision Date of Agreement " 4092, Alamo area April 11, .2972 (Insurance Company of North America - Bond No. 696h,68) BE IT FURTHER RESOLVED that the $500 cash deposit as surety . (Auditor's Receipt No. 82 LL dated Auril 5, 1973 ) be RETAINED for one year pursuant to the requirements of _ Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described road_, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same is accepted and declared to be _ a County road of Contra Costa County: _ BOLLA PLACE . . . .. (36/5o/o.14) as sho,..m and dedicated fo-r aublic use on the man of Stlbdivisi on 4092 _iled April 13, 1972 in Book 145 o£ Iaps at ?age 25, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 25th... day of Jure , 1973 , by the following vote of the Board: AYES: Supervisors J. P. KeHny, T. L. aioriart�, ' r Linschef d, A. M. Dias. �C E. A. Fj NOES: 11,on . CERTIMD COPY ABSENT: Supervisor 'ti. N. Boggess. I certify that this is a full, trse correct co the o:ia sal doc uunent :+;sE.^iu is o tcftie tui m.. PY of and titut i: :raa pazzeu & e:].J:to t o � oflt.e, Super i--ors of Cc)rt" th_ Board of Lite elate aitotruy Co t;: COunty• California, on cteri:!c cx-ot!i�ta clerk : �7 D. P".,kSCH, cast.^.t} RESOLUTION NO. 73/!453 by dzF=Y ciert, s:t!-''==�of s��,r- c c: Recorder t/ ?ublic :•lor=;s Subdivides" IND OF DOCUMENT IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain road as _ County ) RESOLUTION N0. 73/!}58 road_, Subdivision 4092, Alamo ) Area. ) WHEREAS the Public Works Director having notified this Board that construction of improvements have been completed in Subdivision 4092, Alamo area, as provided in the agreement heretofore executed by .this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 4092, Ala'ao area April 11, 1972 (Insurance Company of North America - Bond iso. 696468) BE IT FURTHER RESOLVED that the $500 cash deposit as surety . (Auditor's Receipt No. 9825LL dated Aaril 5, 1973 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described road , having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same is accepted and declared to be _ a County road_ of Contra Costa County: BOLLA PLACE . . . .. (36/50/0.14) as shown and dedicated for oublic use on the map of Subdivision 4092 filed April 13, 1972 in Book 145 of 14aps at Page 25, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 25th day of Jure , 197 3 , by the following vote of the Board: — AYES: Supervisors J. P. Kenny, J. B. 'Moriarty, E. A. Linscheld, A. M. Dias. NOES: None. CERTIFIED COPY ABSENT: S as ervi s or :J. N. Boggess. [I certify that this is a full, true & correct copy of Sinal document %v:ucl► is o t file in my office, and that It eras passed & adunted by the Board of Super isors o: Cartr� Coy County, Calitornfa, on the date shol"M 'ITTEOT: IV. T. PAASCH, county clerk&ex-officio clerk of said Board of Supe 's, RESOLUTION 1V0. 73/1458 by 'eputy cleric, cc: Recorder ?ubli c Works Subdivider NAMM s ' t i f IN THE HOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 4092, Alamo Area. ) RESOLUTION NO. 72/230 WHEREAS a map entitled Tract 4092 , property located in the Alamo area , having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Latter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1971-1972 tax lien has been paid in full, and the 1972-1973 tax lien, which became a lien on the let day of March, 1972, is estimated to be $8,000; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- a ion 4. Title 8, of the County Ordinance Code; Surety Bonds issued by Insurance Company of North America with Frank Bolla and Paul Bolla as principal, as follows: Bond No. 696468 in the amount of $23,500 for Faithful Perfornance, and $24,000 for Labor and Materials; Cash deposit (Auditor's Deposit Perait No. 98251E dated April 5, 1972) in the amount of $500; Inspection Fee in the amount of $10200; Tax Bond No. 696469 in the mount of $8,000, guaranteeing payment of estimated 1972-1973 tax; Subdivision agreement between L. a subdivider and the County of Contra Costa, wherein said su iv- ider agrees to complete road and street improvements, etc., in said subdivision within 1 year from the date of said agreement; RESOLUTION NO. 72/230 Fbrm #23; 70-4-500 A NOW, THEREPORE, BE IT RESOLVED that said bonts and d osits and the amounts_ thereof be and the same are ere y F . BE IT FMTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreem :- BE IT FURT"M RESOLATED that said Map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements shown thereon as dedicated to the public. PASSED AND ADOPTED this 11th day of April , 19?_, by the following vote of the Beare :AYES: Supervisors J. P. Kenny, A. M. Dias, J. S. Moriarty, W. We Boggess, Z. A. Linscheid. NOES: None. ABSENT: None. act public Works (2) 1,"' planning Vabdivider Frank Bolla and Paul Holly 3158 Xiranda Avenue Alamo, California 94507 RESOLUTION N0. 72/230 Form #23; 70-4-500 CERTIFIED COPY I certify that this is a full, true & correct copy of the orifi ial document iz on file i.•t my office. and that .te:,- :n se I _lo..,el by the Board of augcrv;�a:� of C intra Cc_:t:: C= t•: CaUfornia, on ,i• 'f. P.'-ASCfi. county lerc&r -.:f;Lio cicr.:o_ :ld?o^,.rd of Supervisors, by depat;; .:err:. 1 tll.i c: C i ,t � r / z SUBDIVISION AGREEMENT (§1) Subdivision: 4092 (B. & P. Code §§ZZ6ZZ-Z2) (§ Paul Bolla Subdivider: Fra Bo a an 1 Effective Date: Apri , (Contra Costa County (§l) Completion Period: wit in One ear Standard Form; 8-67) Deposits : A. (cash) 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ 23,500.00 2. (labor,materials)$24,000. Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free froF defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . B. Bonds,- etc. : (Z - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section 2; and if, at any time before the County's resolution of completion for the subdivision, the improvement plan proves to be inadequate in any respect, Subdivi- der shall make changes necessary to accomplish the wort as promised. FILED T, PAAWH annc � �'' sops iIZ ' ",�' A 6. No Waiver by County. Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers, agents and employees; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. S. Costs. Subdivider shall pay when due all the costs of the work, incluaing inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements , Subdivider shall pay all reasonable attorneys ' fees, costs of suit , and all other expenses of litigation incurred by County in connection therewith. It. As. ' nment. If before County accepts these improvements, the subdiv sion s annexed to a city, the County may assign to that city the County' s rights under this agreement and/or any deposit or bond securing them. Z2. Record Map. In consideration hereof, County shall allow Subdivider to file and record said subdivision map , and recognizes this subdivision as one complying with State laws and County ordinances. -2- COUNTY OF CONTRA SUBDIVIDER: (see note below) By5PA V ' ",- -q Chair an, Boar of Supervisors a, Owner (3C rCL4 ATTEST: W. T. PAASCH, County Clerk & ex officio Clerk of the Board b Paul Bolla, Owner By %� L/ eiv.--s� Fbte to Subdividers (1) Execute Deputy acknowledgment form below: and (2) If a corporation, attach a certified copy of (a) the bylaws FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board County Counse of Directors, authorizing execution of this contract and of the bonds required 8y , hereby. Deputy State of California ) ss. (Acknowledgment by Corporation, County of Contra Costa ) Partnership or Individual) On April 4, 1972 , the person(s) whose name(s) is/are signed above for Subdivider and Who is known to me to be the individual as stated above who signet; this instrument, and acknowledged to me that he executed it.fMtUgM t OFFICIAL SAL rrd■•�s�OsiNw Viola M. Olsen �sssunobe►seW.wh"el"ka90M Notary Public for said County and State (Subdiv. Agrmt. CCC Std. Form) (HP-9; Rev. 9-69: 200) PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY DEPUTY PUBLIC WORKS DIRECTORS 1 PUBLIC WORKS DIRECTOR F. R.BROWN 6TH FLOOR. ADMINISTRATION BUILDING R. D. BROATCH CHIEF DEPUTY PUBLIC WORKS DIRECTOR MARTINEZ. CALIFORNIA 94553 VERNON L. CLINE TELEPHONE 226.3000 R.M. RYGH (RM. IIS COURT HOUSE) April 10, 1972 HP - Subdivision 4092 Honorable Board of Supervisors Administration Building Martinez, CA Gentlemen: There is submitted for your approval the map of Subdivision 4092 in Supervisorial District V in the Alamo area. Accompanying this map and pertaining thereto are the following documents 1. Subdivision Agreement. Expiration date of one-year time limit for com- pletion is April 11, 1973. 2. Performance bopd, in the amount of $23,500. This bond, together with a $500 cash deposit (Auditor's Receipt No. 98254 dated April 5, 1972) is to guarantee completion of road and street improvements as required by the County Ordinance Code. 3. Labor and Materials Bond, in the amount of $24,000. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1972-73 tax, which became a lien on the first Monday of March, 1972 is estimated to be $8,000. S. Tax Bond, in the amount of $8,000, guaranteeing payment of estimated . tax. The map is submitted for filing by Financial Title Company under the pro- visions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, ��. VICTOR W. SAUER Publ' ks Director W, T. 'AAA4N BiIiRK NMS. B ,x �t� Paul E. Kilkenny �jtcta! - Assistant Public Works Direct BJK:fa Highway Planning cc: Financial Title Company Planning Dept. Construction Division S t 3a G� I BOND No. 696468' • IMI Izr'w;:i; ai c -,:-�;�;tirt^f ts �rtt� PF04IUM: $360.00 (ralthful Performance. At1D Libor F.; Materials) (Calif. Bus. & Pref'. Code :;ec. 11612; Contra Co::ta County :;Larrdard Form) 1. OBLIGATION. FRANK BOLLA ana PAUL BOLLA a.s Principal, and (Surety) INSURANCE COMPANY OF NORTH AMERICA _ _-- a corporation organized and existinS under the laws> of the State ofPENNSYLVANIA and authorized to transact surety business in California, as ..)ur•ety, hereby ,jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance) TWENTY THM T1i0M FTVR RTDMRn Arm M/10?thg _ _ __Dollars (?�. ) for itself or any City-assignee pursuant to the subdivision contr re erred to below, plus (B - Labor & Mater{alz) Dollars (. -- ) for the use ar-a ene o pers_ns entitled thereto under California Business and Professions Code Section 11612. 2. RECITALS. The Principal contracted with the County on April 11- 1972 to install and pay for street improvements, tract drainage, and other improve- ments as required by the County's Ordinance Code and the approved improvement plan of Subdivision No. 4nop , as per map now being filed with the County's Recorder, and to complete said work within one (1) Year from said date, in accordance with applicable State lairs, County ordinances and rulings thereunder. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing; labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. - No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent to make such alterations without further notice to or consent by Surety is hereby given; and the Surety hereby waives the provisions of Calif. Civil Code Sec. 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken; and agrees that if U'ounty sues on this bond Surety will pay reasonable attor- ney's fees as fixed oy the court to be taxed as costs and included in the judgment. SIGNED AND SEALED on APRIL 11. 1972 PRINCIPAL ,� SURETY BY•` - �' rte' OF RTH SCA FRANK By• �:� '11S l`tt LLA py / 4 PUL BOA , LLATTO -FACT •>F •� ata� � ->E � � •� � � •� •� � jt• * jc- aFP;- •� atx• � * � �• •� � •>F •� �w �c :� •>f• •� •x• �• •�t• State of California ss. County o£ ALAMEDA (ACIGTO 1LEDGMENT BY SUR:ZY) On APRIL 11, 1972 the person(s) whose name(s) "-s/are sinned above- for tirety and who is known to me t� be the _Atb�rney(s)- t for this Corporate Surety, personally appeareei oef re me �nd ackp6�r e .-,ed to me hat he/they sired the name of the CorpM as Surety and h' /their o� name(s) as its Attorney(s)-in-Fact. � � .�7 ROSE GONZALES ` Nota j Public r'or said Coun y and State �Imp. Sec.Bond,CCC Std.Form) I1P-15;Rev.8-61+;500) ' CF^1 COQ` .L ES r: , 1 POW= of ArT�oR V INSURANCE COMPANY OF NORTH AMERICA PHILADELPHIA, P.A. Ruh; all men by tbeot prf9tnt%: That the INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution, which was adopted by the Board of Directors of the said Company on June 9, 1953, to wit: "RESOLVED, pursuant to Articles 3.6 and 5.1 of the By-Laws. that the following Rules shall govern the execution for the Company of bonds, undertakings, recognizances, contracts and other writings in the nature thereof: (1) "Such writings shall be signed by the President, a Vice President, an Assistant Vice President, a Resident Vice President or an Attorney-in-Fact. (2) "Unless signed by an Attorney-in-Fact, such writings shall have the seal of the Company affixed thereto, duly attested by the Secretary, an Assistant Secretary or a Resident Assistant Secretary. When such writings are signed by an Attorney-in-Fact, he shall either affix an impression of the Company's seal or use some other generally accepted method of indicating use of a seal (as by writing the word "Seal" or the letters "L.S." after his signature). (3) "Resident Vice Presidents, Resident Assistant Secretaries and attorneys-in-Fact may be appointed by the President or any Vice Presioent, with such limits on their authority to bind the Company as the appointing officer may see fit to impose. (4) "Such Resident Officers and Attorneys-in-Fact shall have authority to act as aforesaid,whether or not the President, the Secretary, or both, be absent or incapacitated; and shall also have authority to certify or verify copies of this Resolu- tion, the By-Laws of the Company, and any affil;avit or record of the Company necessary to the discharge of their duties. (5) "Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested by the Secretary." does hereby nominate, constitute and appoint WALTER F. MERKLE and RICHARD L. MILSNER, both of the City of Oakland, State of California its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings in penalities not exceeding FIVE HUNDRED THOUSAND DOLLARS ($500,000.00 ) each in its business of guaranteeing the fidelity of persons holding places of public or private trust, and in the performance of contracts other than insurance policies, and executing and guaranteeing bonds or other undertakings not exceeding FIVE HUNDRED THOUSAND DOLLARS ($500,000.00 ) each as aforesaid, required or permitted in all actions or proceedings or by law required or permitted. All such bonds and undertakings as aforesaid to be signed for the Company, and the Seal of the Company attached thereto by either of the said Walter F. Merkle or Richard L. Milsner, individually. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Philadelphia, Commonwealth of Pennsylvania, in their own proper persons. IN WITNESS WHEREOF, the said................................_ .....HUGH..M._ 3NCLAIR... Vice-President, has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF NORTHAMERICA this._...........11th..._.....................................day of..................,June......... .. ............ ... ......Awl .... INSURANC ANY OF NOR AMERICA (SEAL) by ... . . . _. . .......0.............. V Vice-President STATE OF PENNSYLVANIA COUNTY OF PHILADELPHIAss' On this......... .11th day of ........... .June. _ A.D. 19.71,before the subscriber,a Notary Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, duly commissioned and qualified, came HUGH. M...SINCLAIR._ . .. .__. . _....... ... .... . . . .. _ .................Vice-President of the INSURANCE .....................I.................. ....... COMPANY OF NORTH AMERICA to me personally known to be the individual and officer described in,and who executed the preceding instrument, and he acknowledged the execution of the same, and, being by me duly sworn, deposeth and saith, that he is the officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the corporate seal of said Company,and the said corporate seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution,adopted by the Board of Directors of said Company,re- ferred to in the preceding instrument,is now in force. IN TESTIMONY WHEREOF, I have hereunto set city hand and affixed y offi seal at the City hiladel the day and year first above written. (S G p F y 0y c otarq Public. oa ire, May 22nd, 1972 � s v _ _ Assistant Secretary of INSURANCE COMPANY OR NORTH! AMLRICA.do hereby certify that ORNEY,of which the foregoing is a full, true and cornet copy,is in full foree and effect. have hereunto subscribed my name " Assistant Seen Lary, affixed to seal of the hh�� lacy. as the n ..a..... .............................day of.......................L ......................... 191.2. ................. .. t .. ..... { SB-2A MINTED IN U.S.A. A fi • EDwARO W. LEAL ALFRED P.LOMELI COUNTY TREASURER-TAX COLLECTOR Assistant County Treasurer-Tax Collector PHONE 228-3000 ExT. -:BS TAX COL.LECTOWS OFFICE FIRST INSALLCWT Or OU[T.NDrP...L[T..[e CONTRA COSTA COUNTY rseST sNST.LLrtN'r Or T.tte ON THE=swsT D.• Or NOvtaetw MARTINEZ. CALIFORNIA oN THE TCNY. wT or orcts.ste ST(:DNU INSTALLMENT Or T.Stt SECOND sNfhLlw[NT Or rwtte Dur .No PAVAULE ON THE FIRST D.r Or ICMY.. DtUNoumreT April 4, 1972 ON THE TENT"DAY Or .Pest,. IF THIS TRACT IS NOT FILED BY OCTOBER 31.,, 19 THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 4092 and have determined from the official tau records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1971-72 tax lien has been paid in fhli. Our estimate of the 1972-73, tax lien, which became a lien on the first day of Na chs 1972 is $8,0000,00_ UWARD We LEAP. Redemption Officer By: Dor F I LED al �ljZ, //J ,y7J--) W. T. PAASCH CLERK BOARD OF SUPERVISORS GQN7 T COU T/ B) OtD:ty t STATE OF CALIFORNIA SS. COUNT)" OF ALMUDA On this 11th day ofAPRTTI in the near 1972 before ine ROBE GOMM , a :Votary Public in and for the STATE OF CALIFORNIA personally appeared WAITER F. MSRIMP,,7 known to me to he the person whose game is subscribed to the lvitllulinutrtr- ment as the Attorney-in-Fact of the LNSURANCE COMPANY OF/:NORTH AMERICA, and acknowledged to me that he subscribed the nal e_D jhe INSURANCE COMPANY OF NORTH AMERICA,ter to as surety nd his ��r'c'''�''-{ti-�^g1Vl�torlle}•-in-Fact. r=� 017FICIA1,SEAL :I ROSE GONZALES ' ►.' A ;ti Da CCUf�TY o } bis in and fort a StatC of Califo is a^ Od.25.1973 iSur� <� aaa+.�.w�a.r--....--Ha.+.r.�n+ss:.r;-.tirm•,+a.-•.r..•..+,.�w+.sr.wc.+...,a-:v,:.wai- ..�.w H �Y _ _. EvND t :: �`:' :''� _:S BOND N0. 696469 PREMIUM: $80.Oo Tr.3!. 1"' Z.22-11 r2- . .. ..... � Awa .. 17 THAT FRANK BOLLA & PAUL BOLLA as rincinaZ and INSURANCE COMPANY OF NORTH AMERICA and y ♦ firmly ✓o i:__C un-o t-'i... Coz...,�ti"), of CO:Z 4+.Z Cos-_—a' State of Cali�or=li , in the nen al sura of EIGHT THOUSAND AND NO f 100ths - - - - - - - - - - - - - - - - DCLT_ARS ($ §,000.00- to ,000.00-t0 ZJa naid to -',-::u said CCun` of C :t z-a 60stzi., for the pairi:e nt O` Vnic�i t:'0 and each of us ai:_d ourselves, our bei-s, eXecut-ors, ad-min istra1--ors, and successors, join;:.ly and severally, _—H=,-,ly bN1 thew presents. Sealed with our seals and dated this lith day of APRIL . 19 72 . T-_-_a conditions o= tP.a above obliga4ioT are such I- a.t j`'HE-1,��aS, the above boanded is abou- to file a ♦wD tIt ed TRACT M. 0+092 and cove-ring a su^division of a t_-=c-- of. lard in said COu.-:ty of- Contra =Co,:._a Costa, and ti._^_are are ce train liens for taxes d S'^.vC= � asst zr^"1._s C`O�1cc 4-ed as a:-:es, w Y __i.J�. ...:e sc_G: Trac- _ _ ... o. 1�:..,t coJa_e;a Jy s 'Q W-n c:l -a n' s::acial asser : ''s co_�-c--e' G_'..C_s G �. _ u_CJ t.6..1�t.4 ti. t.�.... c.S Eches, are n0C as yet. due or 7z'>>c.ble. =_' said FRANK BOLLA & PAUL BOLLA shall nz" all of the i.z-xas and sr:C!E_l assasZ—..'a_ ::sCC.'_ec 4 c. az tax a S u"a_4 C-h Care a 11 en =G-..__^.�.. traC �:. 1 n f cove- ,C ,✓yr wiL a.. l� C v ♦a': � c,t the .L.�: i? o= :. e `4 ` 4-c- o r _Ci :=`7 O-:: sa"— r'.".._G i:, them 'C 2=S ob?igatic n s a'1 be void anti of no e=`:ect. ©:hertz se it slhall _a- r:ai_. in full forca and r BULLA i F L E DML BDUA �W. T. PAASCH �ri��cipal CLERK BOARD OF SUPERVISORS C�GONTR sT COUNTY INSURANCE C OF NOPTH 'KF`4ICA By/�.[.�C�i�%I(11- .. Deputy BY- Cv::_ r' G= ss. W T F. bIERKLE, ATIORrtEY-I -r'tCT STAU OF CALIFORNIA . dyitN!'Y OI'+' �mtlWls cchsta 4P L • fres FW& in and ifw Hirt � •d '�'.♦a.lt�r!-�Z�dl �"' ill �w1�l�i►-- .��s ert to ie lie ftrtra�._wMte arrle= a__r,—_rel► �iie� file areae aad ackaaw%*d tettYrr�ll II til atai liefri {'�M . lVaret (T*W ar ptirrtd} oil, IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA August 6 1974 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4109, Danville Area j Deposit: $500 ) Auditor's Permit No. 98140 ) Dated March 31 , 1972 ) Refund to: ) Western Title Guaranty Company ) 1401 North Broadway ) Walnut Creek, California ) On May 22, 1973 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above . The foregoing order was passed by a unanimous vote of the Board. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 6th day of August , 1974 7IX ¢, CLERK cc : Public Works (2) J. R. OLSSON Subdivider By Atl4v, t Deputy Clerk Dori s Baldwin IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA in the Matter of- Completion_ ) of improvements and declaring ) certain roads as County ) RESOLUTION NO. 731355 r_oayy�.�ls, A--aa. '�� .Dan 2. f� VO 1> WHEREAS the Public Works Director having notified this Board that const"taction of improvements have been completed in Subdivision 4109, Danvilla area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision_ have been completed for the purpose of. establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 41�?9, Da:rrille area �cta;ze- 25: 1971 The ?1r,-q :anI s 1Purd insurance Car-par_•,! — Botu3 To. 624,6557 BE IT FURTHER RESOLVED that the X500 cash deposit as surety (Auditor's Receipt No. 931hO dated '°a~r'n 31, 1972 } be RETAINED for one year pursuant to the requirements of Section_ S429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be County road's of Contra Costa County: D-1- • A:'?CO 1ROAD s3 s'noxn and dedicated for public ase on tba .yap of, S�:::di�9ion f.�109 ,A?1e i harm 2-, 1972 In Book 145 of "'sps at ?as* 50, Official Records of Contra Costa County, State of California. PASSED ARID ADOPTED this 221-t:d clay of „a7 , 197 3 , by the following vote of the Board: AYES: -Supa Tl sor s J. P. 3anmq, 11u , .. I.. ogge:33 y ',30ES: ;done. ABSENT: S':pe=' iso^ J. ':orz.aw CERTIFIED COPY I tertif} t1tat titin is a fun, rice & Correct caps+ ctt Li..Original c'a.cm_nt ::tic!: tj on fi:o s:t my gt=tee. a^.d tha: it Fa.3:red ! �J S: i:cRi..`•r.. U< i:v.^.L:f: %,7. :.i �::.::.:;'. Ls:ii�s:rh. ryr. cc; Rec•tord'ar a ESO . .r.;I'; NO. t X135-5 t!10 :.at', ATTEST- %,V. T. Public i'i0i K3 bye rj t7 L;GarS: 9...arfi4P--?; v IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA. In the Matter of Approval ) of Subdivision Map of ) Tract 11099 Danville Area. ) RESOLUTION NO. 72/272 WHEREAS a map entitled Tract 4109 , property located in the Danville area , having been presentedto this Board for approval, said map aving been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1971-1972 tax lien has been paid in full, and the 1972-1973 tax lien, which became a lien on the first day of March, 1972, is estimated to be $5,000; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 8, of the County Ordinance Code; Surety Bonds issued by The Fireman's Fund Insurance Company with Brenton Investment, a California Corporation, as principal, as follows: Bond No. 6246557 in the amount of $199500 for Faithful Perforance, and $20,000 for Labor and Materials; Tax Bond No. 6247155 in the amount of $5,000 guarantee- ing payment of estimated 1972-1973 tax; Cash deposit (Auditor's Deposit Permit No. 98140 dated March 31, 1972) in the amount of $500; Inspection Fee in the amount of $1,000; Subdivision agreement between Brenton ;nvegtment Corn subdivider and the County of Contra Costa, wherein said su v- ider agrees to complete road and street improvements, etc., in said subdivision within 1 yea from the date of said agreement; RESOLUTION NO. 72/272 Form #23; 70-4-500 NOW, THEREFORE, BE IT RESOLVED that said bonds and deposits and the amounts thereof be and the same are hereby BE IT FiiRTHIM RESOLVED that said subdivision agreement be and the same is hereby APPROVED and theChairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easenent• shown thereon as dedicated to the public. PASSED AND ADOPTED this 2 t day of Aaril , 19-.ZL, by,the. following vote of the Beard: AYES: Supervisors J. P. Kenny, A. K. Dias, J. B. Moriarty# W. N. Boggess, B. A. Linscheid. NOES: None. ABSCNTt • None. cot Public Works (2) Planning . 9ubdividor Brenton Investment Corp. waimb RESOLUTION N0, 72/272 Porn #E23; 70-4-500 • CX RTHM,D COPY I certify that this is a full, true & correct copy or the original document which is on file in my n.fricjr and that it ",*3s passed & adorded '.,.,/ thir Frmtrd vl. Supervisors of Contra Costi r'o;2My. Calierirn"J. or _ the date shown. ATT03T• V. If. ; county cicr;k&cc-officio clerk of sail board of Sul"rvis;,ru, b�y/deputy clerk. SUBDIVISION AGREEMENT (§1) Subdivision: 4109 01) Subdivider: Brenton Investment a (B. & P. Code §§ZZ6ZZ-Z2) California corporat on 1 Effective Date: October 25- 1971 (Contra Costa County (§1) Completion Period: One Year Standard Form; 8-67) (§4) Deposits : A. (cash) 500. B. (bonds, etc. ) 1. (faithful uerf. & maintenance) $19,500.00 2. (labor,materials) . Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements- (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction pract"ices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429 ; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus . & Profs. Code §116122 deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (I - Faithful Performance) additional security for at least the above-Specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors , and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warranti.. Subdivider warrants that said improvement plan is ade- quate to acco;-iplish thi-- -.!ork as promised in Section 2 : and if, at any time before t'ie County' s resolution of ccr?rl!t_on for the subdivision, the improverent plan proves to be inadecuate in any respect , Subdivi- der shall make changes necessary: to acco--irlish the work as promised. -1- w 6. No Waiver by County. Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from-bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions , officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s ) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 6. Costs. Subdivider shall pay when due all the costs of the work, inclu� inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements , Subdivider shall pay all reasonable attorneys' fees, costs of suit , and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements, the subdivision is annexed to a city, the County may assijzn to that city the County's rights under this agreement and/or any deposit or bond securing them. . Z2. Record Mao. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances . .r2- Bond Number 6246557 IMPR0VZ-.7-E.%, SECTJRTTY BOND (Faithful- Performance & Maintenance,- AND Labor Materials) (CaZif. Bus. & Prof. Code §11612; Contra Costa County Standard Form) Z. OBLIGATION. (Principal) a Cal,•f cQrnQratiori as Principal, and ure y The Fireman' s Fun Insurance Company a corporation organized and existing under the laws of the State of California- and authorized to transact surety business in California, as Surety, ere y jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintenance) NINETEEN_T$OUSAND 'F=VE HUNDRED AND NOl100----------- Dollars ($lg_500.D0 ) for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & materials ) TWENTY THOUSAND AND NO/100------------------------=--Dollars for the benefit of persons protected under Cal. Bus.&Prof.Code §11612. 2. RECITALS. The Principal contracted with the County on October ZS, 1271 to install and pay for street, drainage, and other improvements in Subdivi- sion No. Ung , as per map noir being. filed with the County's Recorder, and to comp eze said work within one year from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. C01011ION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors , subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement , and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any. Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included ,in the judgment. SIGNED AND SEALED on November 15, 1971 PRINCIPAL SURETY BRENTON INVEST14FNT. a California The FiFeman' s Fund-lasurance Company cor a { ` By By_ V-LAILA * �'�Ki �'`�� l� �P�e�l ae�t� s s s • � Peter eter W. Pelletier e11eteistte rn ey In-Fact �r State of CVAfornia ) ss. County of ��) (ACKNOWLEDG1tENT BY SURETY) OnC-Z` �S=- if'7/ , the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorneys)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Surety and his/their own name(s) ago-_ _ . OFFICIAL SEAL r' : LILYAN M. RUSSELL ' ---_---------- rr NOIARY I'll!al(: -::lllrf NIl. � ..i..� 1•�•I�C,r,�t OFFI.E IES ^ - ..!'� �� ✓ CONTRA COSTA COUNTY o ar ub c for said Count and State (I My-Commission Ex ires August S. 1975 — y (HP-ZS;Rcv. 8-67; 200) s F1 a-19cd, ctEM"M " T. PM3CH CONTRAr Qt a p"WSM gr� CouNTV Uty COUNTY OF CONTRA C06TA ` SUBD� IV„ VIDDER: (see note below) - Cha rman, Board of Supervisors corporation. : 8y _: ATTEST: W. T. PAASCH, County Clerk Designste official apecity in the d� ex officio Clerk of the Board business) L. K. King, Vice-President By 1.1 Note to Subdivider: (1) Execute �� r � ■ rrr■r��■rrrrr-- Deputy acknowledgment fors below: and (2) If a corporation. attach a certified copy of (a) the bylaw FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board �M App4 Cou 1 of Directors. authorizing execution of uSEt�, Conrrty this contract and of the bonds required BY hereby. ---_ Deputy + • ; • • a • w . � • • • s . www • • • • w w • ♦ • w t w www • w • • w • w w w w w State of Cali nia�� } ss. (Acknowledgment by Corporation, County of ,j ,,ct..Ca.i ) Partnership or Individual) On the person(s) whose name(s) is/are, signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signet; this instrument, and acknowledged to me that he executed it and that the Corporation or pertnershio named above executed it. OFFICIAL SEAL LILYAN A RUSSELL 'ate NOTARY PUBLIC-CALIFOTNIA s PRINCIPAL OFFICE !N [ CONTRA COSTA COUNTY i 1 My Commission Expires August 8, 1475 ._ _ __.. . ._ _ - ry p li far said County end State (Subdiv. Agrmt. CCC Std. Form} (H"9: Rev. 9-69: 200) 3- MINUTES OF A SPECIAL !MEETING OF THE BOARD OF DIRECTORS OF BRENTON INVESTMENT HELD MARCH 22, 1972. r A special meeting of the Board of Directors of Brenton Investment was held at the office of the Corporation at 10:00 A.M. , March 22, 1972. All Directors were present and Chairman H. O. Anderson called the meeting to order. Upon motion duly made, seconded and carried, it was RESOLVED, that the president or vice president, along with any one of the following officers of the Corporation, is hereby authorized and empowered to execute the subdivision agreement with the County of Contra Costa for subdivision 4'r-4109 and all bonds required thereunder. Aubrey O. Epps Assistant Vice President Letha G. Conns Assistant Secretary Madelaine Hopkins Assistant. Secretary There being no further business to come before the board, the meeting was adjourned sine die. L. K. King, Secretary I hereby certify that the foregoing is a true and correct copy of the minutes of the special meeting of the Board of Directors of Brenton Investment held March 22, 1972 at Walnut Creek, California L. K g, S ary Dated: This 22nd day of March 1972. . O. Anderson, esident FI L E D AL1 jy7Z f W. T. PAASCH C►.M 0CMD QF SIDEWISMS CONTRA COSTA C,OU%Tv SY / PUBLIC WOhKS DEPARTMENT CONTRA COSTA COUNTY VICTOR W. SAUER DEPUTY PUBLIC WORKS DIRECTORS PUBLIC WORKS DIRECTOR F 6TH FLOOR. ADMINISTRATION BUILDING R. D. BROATCH CHIEF DEPUTYP L�RK'D1 TOR EED VERNON L. CLINE MARTINEZ. CALIFORNIA 94553 TELEPHONE 22B•3000 R.M. RYGH (RM. 1t3 COURT HOUSE) April 24, 1972 W. T. P/IASCH CLOW Now OF ISM ON{TRA COSTA COUtJTY By ' j"U. . HP - Subdivision 4109 Honorable Board of Supervisors Administration Building Martinez, CA Gentlemen: There is submitted for your approval the map of Subdivision 4109 in Supervisorial District V in the Danville area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one-year time limit for completion is October 25, 1972. 2. Performance Bond, in the amount of $19,500. This bond, together with a $500 cash deposit (Auditor's Receipt No. 98140 dated March 31, 1972) is to guarantee completion of road and street improvements as required by the County Ordinance Code. 3. Labor and Materials Bond, in the amount of $20,000. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1972-73 tax, which became a lien on the first Monday of March, 1972 is estimated to be $5,000. 5. Tax Bond, in the amount of $5,000, guaranteeing payment of estimated tax. The map is submitted for filing by Western Title Guaranty Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. RECI:TD Very truly yours, / VICTOR W. SAUER &�f ) 72 Pub ks Director , W. T. PAASCH CLERK BOARD OF SUPERVISORS Y/j3C� � Deu: Y B aul E. Kilkenny Assistant Public Works Directo BJK:fa Highway Planning cc: Weste•n Title Guaranty Co. Planning Department Construction Division Bond Number 6247155 FI LED '14 /�7-- . T. PAASCH CLERK MW OF SUPERVISORS BOND AGAINST TAXES C N?RAC STA COU TV By ('.. Deputy KNOW ALL MEN BY THESE PRESENTS: THAT BRENTON INVESTMENT, a California Corporation, as principal and (Surety) The Fireman's Fund Insurance Company , a corporation organized and existing under the laws of the State of California and authorized to transact surety business in California as surety are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of FIVE THOUSAND and no/100 Dollars ($5 ,000 .00) to be paid to the said County of Contra Costa, for the payment of which will and truly to be made , we and each of us bind ourselves , our heirs , executors , administrators and successors , jointly and severally, firmly by these presents . Sealed with our seals and dated this 22nd day of March , 1972 . The conditions of the above obligation is such that WHEREAS, the above bounded principal is about to file a map entitled SUBDIVISION 4109 and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said Tract of land covered by said map , which taxes and special assessments collected as taxes , are not as yet due or payable . NOW, THEREFORE, if the said principal shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said map at the time of the filing of said map of said Tract , then this obligation shall be void and of no effect. Otherwise it shall remain in full force and effect . BRENTO I TMENT, a California corporation B rold O. nc pal Anderson, Pres ' brey O. Epps, Asp-L. PA. ipa Vice-Pres. ByV) , ULA ACKNOWLEDGEMENT urety (BY SURETY) Peter W. Pelletier State of California ) Attorney-In-Fact County of ) On March 221, 1972 before me, the undersigned, a Notary Public in and for said County and State , personally appeared Peter 'a. Pelletier known to be to be Attorney-In-Fact of the corporation tAllat executed the within instrument and also known to me to be theon who executed it on behalf of such corporation and acknowledged that such corporation executed the within instrument pursuant to its maws - -,moo f its board of directors . Frank H. Hittell ALFRED P.LOMELI EDWARQ•W. LEAL•., Assistant COUNTY TREASURER-TAX COLLECTOR County Treasurer-Tax Collector PHONE 229-3000 EXT. IB5 TAX COLLECTOR'! OFFICE f1.57 INSTALL W[NT Of TAt[/ CONTRA COSTA COUNTY f+eAT INSTALLW[NT OF 7A1[e AVE AND NYA/L[ D(L+NOUtNt ON T"E'IeST DA. of NOv[r/[0 MARTINEZ CALIFORNIA ON T"[ Ta". 04w of o[c[re(e S[Y.ONU iNSTALIY(NT Of TAS[/ y[coNo INSTALLWrNT OF ?AXIS DUE AND►AYA/LE Ot LtNaurf+T ON TN[ FIeST DAY OF r[eeUweT March 22, 1972 ON TN[ TENT" DAY of, Ae■IL IF THIS TRACT IS NOT FILED BY OCTOBER 31.9 1972, THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 4109 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map* The current 1,97?-,772 tax lien has been paid in full, Our estimate of the 19_72-7-1 tax l.ieng which became a lien on the first day of March, W1,972 is FWARD We LF'AAL Redemption Offioer a By: ZIL /De dl F I LED 2yfIf72— W. T. PAASCH CLERK BOARD OF SUPERVISM N*RA�CTA Y OY IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA March 11 197 5 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4110, Walnut Creek ) Area ) Deposit: $500 ) Auditor' s Permit No. 92313 ) Dated August 10, 1971 ) Refund to: ) Cal-West Communities, Inc . ) 780 Welch Road ) Palo Alto, California 94304 ) On December 4, 1973 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 11th day of March , 197 15 cc: Public Works (2) J. R. OLSSON, CLERK Subdivider By Xt4L Deputy Clerk Nancy Sj Ortega In the Board of Supervisors of Contra Costa County, State of California January 15 14 74, M tlw Matter of Approving Substitution of Bond, Subdivision 4110, Walnut Creek Area. The Board on December 4, 1973 having accepted as complete construction of improvements in Subdivision 4110, Walnut Creek area; and The Public Works Director having reported that the subdivider, Cal-West Communities, Inc. , has requested that they be allowed to substitute a new bond for the one-year warranty period, in the amount of 15% of the estimated cost of the construction of improvements; and The Public Works Director having recommended that, under the provisions of Section 94-4.406 of the County Ordinance Code, the Board accept Bond No. 135073-A in the amount of $13,300 for Faithful Performance and Maintenance and $13,800 for Labor and Materials as substitute for Bond No. 135073 (attached to the Subdivision Agreement dated November 23, 1971); NOW, THEREFORE, on motion of Supervisor E. A. Linscheid, seconded by Supervisor A. M. Dias, IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. The foregoing order was passed by the following vote: AYES: Supervisors J. P. Kenny, A. M. Dias, W. N. Boggess, E. A. Linscheid, J. E. Moriarty. NOES: None. ABSENT: None. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said bard of Supervisors on the date aforesaid. cc: Public Works Director Witness my hand and the Seal of the Board of Cal-West Communities Supervisors affixed this 15th day of January , 19 7a JAMES R. OLSSON, County Clerk By A'le.-'zL ccz Deputy Clerk Helen C. Marshall H 24 5/73-15M A STATE OF CALIFORNIA ss. C COUNTY OF Santa _ Clara ,e On January 3, 1974 before me, the undersigned, a Notary Public in and for v • said State, personally appeared w A. S11Cj( Jr. C ` known to me to be the _President, and , v known to me to be the Secretary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and ac- 7 knowledged to me that such corporation executed the within a S instrument pursuant to its by-laws or a resolution of its board of a U directors. T WITNESS my It nd official sea(. BETTY J. Huaw 0 ba ar.Cam*.carr. £ 1 IlaIirNiM Mtn llp.25.1975 rb Signature_ J. Hubbard Name(typed or Printed) ■■ (This arab for of ew nohriel bad) �3 1 THIS BOND IS IN LIEU OF BUND NO. 135073 DATED JULY 29, .1971 IN THE AMOUNT OF $91,950-00 IMPROVEMENT SECURITY BOND SONO NO.135073-A (FaithfuZ Performance & Maintenance, AND Labor G Materials) (Calif. Bus . R Prof. Code 511612; Contra Costa County Standard Form) 1. OBLIGATION. (Principal) CAL-WEST COMMUNITIES, INC. as Principal, and Surety a corporation organized and existing under the laws of the State of CALIFORNIA and authorized to transact surety business in California, as Surety, hereby .jointly and severally bind ourselves , our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it : (A - Faithful Performance , & Maintenance) THIRTEEN THOUSAND THREE HNDRED AND NO/100THS-------------- Dollars ($ 13000.00 ) for itself or any City-assignee under the below-cited subdivis on contract , plus (B - Labor & Materials) THIRTEEN THOUSAND EIGHT HUNDRED AND NO/100THS-------------- Dollars ($13,800.00 ) for the benefit of persons protected under Cal. Bus. & Prof. Code 511612. 2. RECITALS. The Principal contracted with the County to install and nay for street , drainage , and other improvements in Subdivision No. 4110 , as per man now being filed with the County's Recorder, and to complete said work within ONE (1) year(s) from the effective date of said Contract , all in accordance with State and local laws , rulings thereunder and the subdivision contract . 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improve- ment plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guarantee of maintenance continues for the one-year period; and if he fully pays the contractors , subcontractors , and persons renting equipment or furnishing labor or materials to them for said work and improvement , and protects the premises from claims of such liens , then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives thex3Qn „ QF Calf. Civil Code X2819 , and holds itself bound without reFr, ” d ildleff1bhtly of any action against principal whenever taken, and a es hat� i Colic y sues on this bond Surety will pay reasonable attgrney fees fixed by" court to be taxed as costs and included in the i udc,ment.•. STIED AND .:SEALED on DECEMBER 27, 1973 r pRIP,C,IP.At ``' SURETY CAL-WEST TIES, INC. AR I CE By By * State of California ) County of SAN FRANCISCO ) ss. (ACKNOWLEDGMENT BY SURETY) On DECEMBER 27, 1973 the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorney(s)-in-Fact for this Corporate Surety , personally appeared before me and ac:cnowledged to me that he/they sinned the Name of the Corporation as Surety and his/ their own name(s ) as its Attorneys)-in-Fact . K. OUVOLA WSAN 7A ty Ptjat C-CALtFOpN1A FRkNCISCO C_,_I"LIMISSION wInS NOV. S,ty» Notary public for said County and State (Imp. Sec. Bond, CCr 17+.,7. Form) (HP-15;Rev. 5- 72;1'1;0 �l Clerk, Board of Supervisors BOOK 7100'PAGE612 Administration BuildingZl ��s DEC 10 1973 Martinez V R RDED AT EQUEST f DEC 10 AT .s 4 O'CLOCK M. c IN THE BOARD OF SUPERVISORS 01411► COSTA COUN MOM //CONTRA COSTA COUNTY,OFSTATE OF CALIFORNIA I R. OLSSON COUNTY RECORDER FM s Chi`•`-,<, In the Matter of Completion ) of improvements and declaring ) certain 'roads as _ County ) RESOLUTION NO. 73/943 roads, Subdivision 4110, ) Walnut Creek Area. ) WHEREAS the Public Works Director having notified this Board that construction of improvements have been completed in Subdivision 4110, Walnut Creek area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 4110, 'Walnut Creek Area November 23, 1971 (Argonaut Insurance Company - Bond No. 1350.73) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 92313 dated August 10, 1971 ) be RETAINED for one year pursuant to the requirements of Section !�?M- . 06 of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be _ County roads of Contra Costa County: LCANDELE'RO DRIVE , (40/60/0.08) TREAT BOULEVARD WIDENING as shown and dedicated for public use on the map of Subdivision 4110 filed November 23, 1971 in Book 141 of Maps at Page 48, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this hth day of December , 1973-, by the following vote of the Board: AYES: Supervisors J. P. Kenny, J. E. Moriarty, sk W. N. Boggess, E. A. Linscheid, A. M. Dias. ,1* NOES: None. CERTIFIED COPY ABSENT: None. I certify that this is a full, true & correct copy of • the original document which is on file in my office. and that is was passed & adopted by the Board of Supervisors of Contra Costa County. California, on the date shown. ATTEST: J. R. OLSSOX. County Clerk & ea-officio Clerk of said.Board of Supervisors, RESOLUTION NO. 73/943 by Deputy Clerk. CC: Recordert---' il1�GlQ.Gun Public Works Subdivider END OF DOCUhIENT In the Board of Supervisors of Contra Costa County, State of California November 8 , 197;) In the Matter of Completion of Private Improvements in Subdivision 4110, Walnut Creek area. The County Building Inspector having notified this Board of the completion of private improvements in Subdivision 4110, Walnut Creek area, as provided in the agreement executed on June 29, 1971 by this Board with Cal-ldest Communities, Inc. , 780 Welch Road, Suite 202, Palo Alto, California; NOW, THEREFORE, on motion of Supervisor A. M. Dias, seconded by Supervisor J. P. Kenny, IT IS BY THE BOARD ORDERED that the private improvements in said subdivision are hereby ACCEPTED as completed; IT IS BY THE BOARD FURTHER ORDERED that the surety bond in the amount of $34,650 (No. 136432 issued by Argonaut Insurance Company) guaranteeing faithful performance, be and the same is hereby EXONERATED. - The foregoing order was passed by the following vote : AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, E. A. Li.nscheid. NOES: None. ABSENT: Supervisor W. N. Boggess. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Applicant Witness my hand and the Seal of the Board of Building Inspector Supervisors Grading Enginear affixed this 8th day of November, 19 72 W. T. PAASCN, Clerk By tlk � Lt Deputy Clerk Lourette Kincaid H 24 7/72-ISM A CONTRA.COSTA COUNTY BUILDING INSPECTION DEPARTMENT Inter - Office Memo TO: Board of Supervisors DATE: October 25, 1972 FROM: R. J. Kraintz, County Building Inspector By: James A. Searfus, Grading Engineer SUBJECT: SUBDIVISION 4110 . APPROVAL OF PRIVA E I F.OVEMENTS. Area: Walnut Creek Area Applicant: Cal-West Communities, Inc., 780 Welch Road, Suite 202, Palo Alto, Ca. 94304 The private improvements required to be constructed under the above -Miner Subdivision Agreement, executed by the Board of Sppervisors on June 29, 1971, have been satisfactorily completed. It is recommended that the improvements be accepted as complete and the surety bond in the amount of $34,650 (No. 136432) issued by Argonaut Insurance Company, submitted as faithful performance of the Agreement be exonerated. "CEIV+ { D iu « 1972 W. T. PAASCH CLERK A D OF'SUP.ERVISORS NA STA By « Deputy JAS:ads IN THE BOARD OF SUPER! VISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Ma of ) Tract 41102 Walnut Creek ) RESOLUTION NO. 71/783 Area. ) Wa1,WREAS a map entitled- Tract , property located in the cregir nrpa , having been presents to this Board for approv , said map awing been certified by the proper officials, add being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1971-1972 tax lien has been paid in full; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4. Title 8, of the County Ordinance Code; Surety Bonds issued by Argonaut Insurance Company with Cal-West Communities, Inc. as principal, as follows: Bond No. 135073 in the amount of $53,500 for Faithful Performance, and $53,500 for Labor and Materials, with attached Increase Penalty Rider in the amount of $38,4150; Cash deposit (Auditor's Deposit Permit No. 92313 dated August 10, 1971) in the amount of $500; Letter of Credit from the Bank of America in the amount of $27,500 to guarantee the Subdivider's delivery of a cash contribution as his share of the construction costs of Treat Boulevard along the subdivision frontage; Inspection Fee in the amount of $4,595; Subdivision agreement between Cal-West Communities Inc. subdivider and the County of Contra Costa, wherein said subdiv- ider agrees to complete road and street improvements, etc., in said subdivision within 1 year from the date of said agreement; RESOLUTION N0. 71/783 Form #23; 70-4-500 NOW, THEREFORE, BE IT RESOLVED that said bonds and deposits and the amounts thereof be and the same are herebyf XPVR-OVED* BE IT MTRTHIM RESOLITD that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreemen . BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements shown thereon as dedicated to the public. BE IT FURTHER RESOLVED that an instrument entitled "Corpora- tion Grant Deed" dated November 9,• 1971 from the Hofmann Construction Company, Inc. is ACCEPTED for recording blily. PASSED AND ADOPTED this day of Nnn mher________,, 19 by the following vote of the Board: AYES: Supervisors A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, J. P. Kenny. NOES: None. ABSENT: None. CERTIFIED COPY I certify that this is a full, true & correct copy of the original document wJrieii is oz file in niy offi,,c, and that it was passed'S: adopted by Ure Lo:rrJ Supervisors of Cont a Cce:ta County, Caafor:ia, Me date sho«:r. ATTEST: IV. F. PAP_SCiI, cosnty clerk&ex-officio clerk of said Board of Supe."isors, cc: -Public Works (2) bydeputy clerk. Planning Subdivider ..�LIAL,1�....�' an'tu/yµ.d-3 I X17. Cal-West Communities, Inc. 780 Welsh Road Palo Alto, California ' w RESOLUTION N0. 71/783 j Perm #23; 70.444 r l i i u SUBDIVISION AGREEMENT (§1) Subdivision: Tract 4110 (B. & P. Code §§1161Z-12) (§1) Subdivider:Cal-West Communities. Inc. 1 Effective Date : NA rPmhP-r 91 (Contra Costa County (§1) Completion Period. 1 ear Standard Form; 8-6?) (§4) Deposits : A. (cash) $500 . B. (bonds , etc. ) 1. (faithful perf. & maintenance) $ 91 ,900 . 2. (labor,materials)$ 91,900 C. Letter of Credit for $27,500 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants , and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments , andall improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will e free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus . & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (I - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus (2 - Labor & !Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost , securing payment to the contractor, to his subcontractors , and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section 2 : and if, at any time before the County's resolution of cormletion for the subdivision, the improvement plan proves to be inadeauate in any respect, Subdivi- der shall make changes necessar,J to accomnlish the work as promised. -1- ffD / W. T. PAASCH TE�_ra w a aiM K"NVIS IRA cTA COONM . _...... G. No Waiver b:i County. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof comnlies 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 contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards, commissions , officers, agents and employees : B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceedings) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) -in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 6. Costs. Subdivider shall pay when due all the costs of the work, inclu�ng inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed man and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise , and Subdivider shall nay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees , costs of suit , and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements , the subdivision is annexed to a city , the County may assign to that city the County's Nights under this a,reement and/or any dorosit or bond securing; them. Z2. Record ,Var. . In consideration hereof, Count- shall alloy: Subdivider to file and record said subdivision man , and reco-7nizes this subdivision as one coroly-i-r~ .-.ith State laws and County ordinances . y - 13. Treat Boulevard Widening Subdivider shall deposit with County $27,500 in cash, within fifteen days after being requested to do so by County, as payment for the Subdivider's share of the cost of paving, channelization, and traffic signal . work along Treat Boulevard. As security for this provision, Subdivider offers an irrevocable Letter of Credit from the Bank of America, in the amount of $27,500. 14. 'Walnut Creek Channel Connection. Subdivider shall obtain an encroachment permit from the Contra Costa County Flood Control and Water Conservation District for the discharge of water, and the construction of facilities therefor, through the lining of the Walnut Creek Channel and for any work to be done within said District's property. COU 1T CONTRA COSTA, SUBDIVIDER: (see note below) ok� Cal-West Communities, Inc. 04 V041er2,2, 0' - I h firman, Board of rs By ATTESTs W. T. PAASC. Clark (Designate official cap aWY .1rWthe & ex officio Clerk of the Board business) By Note to Subdivider; (1) Execute Deputy acknowledgment form below; and (2) If a corooration, attach a certified copy of (a) the bylaws FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board County Coun 81 of Directors, authorizing execution of this contract and of the bonds required By hereby. Deputy State of California ss. (Acknowledgment by Corporation, County of Santa Clara Partnership or individual) Or July 29, 1971 the person(s) whose name(s) is/are signed above for Sutcivicer and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corooration or oartnershio named above executed it. 55U_� OrFICIAL SEAL M. JEAN HESS NOTARY rMIC - CALIFORNIA V��KCIPAL OFFICE IN SANTA CLARA COUtOT M. Jean Hess My Commission Expifts MAY 13. 1974 Notary Public for said County and State (Subaiv- Agrmt. CC," itd. Form) ("P-9; Rev. 9-69; 20-1- ) CORPORATE RESOLUTION WHEREAS, this corporation, CAL-WEST COMMUNITIES, INC. , a California corporation, is the owner of Lots 1-94, and Parcels A - F. inclusive,as shown on the map of "Subdivision 4110, Sunset Park, Contra Costa County, California"; and WHEREAS, this corporation desires to execute a Subdivision Agreement for Private Improvements with Contra Costa County with respect to said lots; NOW, THEREFORE, IT IS RESOLVED, that any officer of this corporation be, and each such officer hereby is, authorized to prepare, verify and file with Contra Costa County the necessary documents to submit and process said application. The foregoing is a true and correct copy of the resolution duly and regularly adopted by the Board of Directors of Cal-West Communities, Inc. , a California corporation, and the same has not been revoked, modified or rescinded. CAL-WEST COMMUNITIES, INC. A California Corporation Dated: By: ' y PUBLIC WORKS DEPARTMENT VICTOR K SAUER CONTRA COSTA COUNTY Y U SRO-W-4 WOR PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMM ISSIONER_SU RVEYOR 6TH FLOOR, ADMINISTRATION BUILDING MARTINEZ, CALIFORNIA 94553 R. D. BROATCH TELEPHONE 22B•3000 DEPUTY PUBLIC WORKS DIRECTOR November 23, 1971 HP - Subdivision 4110 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 4110 in Supervisorial District IV in the Walnut Creek area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one-year time limit for com- pletion is November 23, 1972. 2. Performance Bond, in the amount of $91,950. This bond, together with a $500 cash deposit (Auditor's Deposit Permit No. 92313, dated August 10, 1971) , is to guarantee completion of road and street improve- ments as required by the County Ordinance Code. 3. Labor and Materials Bond, in the amount of $91,950. 4. Letter of Credit from the Bank of America, in the amount of $27,500 to guarantee the Subdivider's delivery of a cash contribution as his share of the construction costs of Treat Boulevard along the subdivision frontage. 5. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property. The map is submitted for filing by Title Insurance $ Trust Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. v Very truly yours, RECENLIJ VICTOR W. SAUER Public Works Director W. T. P pA A 9 C H CLERK CONTRA B y ay 0� Paul E. Kilkenny Assistant Public Works Direct r PEK:fa Highway Planning cc: Title Insurance 4 Trust Co. Planning Department Construction Division A - 4LFRED P.LOM£LI EGwARD W. LEAL COUNTY TREASURER-TAX COLLECTOR Assistant County Trtasssrtz-Tax Coiitctat PHONE 228-3000 EXT. :385 TAX COLLECTOR'* OFFICE FIRST tNSTALLWVNT OF T^X1% CONS COSTA COUNTY •iRfT tNfT ftau.T OA TAf[$ Out AND►AYNt.[ Ot041NO4FNT ON T.E TIPSY DAY Or MOYtU.[t tMARTINtEt. CALIFORNIA ON TN[ TrMT.. DAY or CrCg dMp SFCONO INSTALIAI[MT OF TAS[* t[coNO INSTALL rNT Or Taxes DUF AND•AVAtt,[ Dt4INOUrNT ON IN[TIMST OAT Of P'CIWUAWV November 2, 1971 ON THE SENT.OAT Or APOIL IF THIS TRACT IS NOT FILED BY FEBRUMM 2$i 19 74 THIS LETTER IS VOID This will Oertity that I have examined the map Of the proposed subdivision entitled: Tract No. 1+11.0 and have determined from. the Official tax records that there are no =paid 0=ty takes heretofore levied On the property included in the map. The current 1971.-72 tax lien has been paid in fall.. EIWARD W. LEAL Redemption 0 " oex /// t I1 dl e HIBANKOFAMERICA PARKSIDE BRANCH RECEIVi S.J.CENTANNI ,'✓- Z �j l%�l Vice President and Manager W. T. PAASCH CLERK BOARD OF SUPERVISOps CONTRA COSTA CO. Board of Supervisors Contra Costa County k&tinistratim Build ing Martinez, Ca, 94553 Subject: Instrument of Credit Delivered As Improvement Security Pursuant to Business and Professions Code Paragraph 11612 (P+erforsnce Gentlamm: Security) Bank of America National Trost and Savings Associatim, a financial institution, subject to regulation by the State of California or federal govertIment of the united States of America, delivers to Contra Costa County this instrument of credit as "Improvement Security", as required by Cmtra Costa County Ordinance Code Paragraph 8429 and California Business and Professions Code Paragraph 11612, as amended from time to time, and subject to the following conditions: le We pledge that we hold and will hold on deposit the sump of Twenty Seven Thousand Five Hundred Dollars (=27,500.00) as trust funds guaranteed for payment to Contra Gaeta County (or successor city) to secure the faithrul performance in accorance with Paragraph 13 of the Subdivision Agremiamt executed by Cal-West Comm unities, Inc. and Contra Costa County for the construction of work and improvements is (Minor) Subdivision 4110. We will so hold this sum until the campl,etim, and written acceptance by Contra Costa County, of all work and improve- ments under this agreement. Prior to said acceptance, upon SANK OF AIER"NATIONAL TRUST AND SAVINGS ASSOCIATION•1007 TARAVEL STREET-SAN FRANCISCO,CALIFORNIA 94116 Board of Supervisors Contra Costa County ..2� demand of Contra Costa County ,(or successor city) the whole or any portim of said funds shall be paid forthwith to the county (or successor city) for use towards co Wletion of the work as it sees fit. This instrmaent of credit is irrevocable. Dates October 28, 1971 BANK OF CA NATIONAL TRUST & SAVIMS A3SOCZiTIat Parkside] ch By: . J. Centanni Vice President & Manager - - - - - - - - - - - - State of California ) ss County of San Francisco Acknowledgement (By Corporation, Partnership or Tndividual) The person(s) signing above for Bank of Aerica National Trust and Savings Association known to me in individual and business capacity as stated, personally appeared before ae today and ac. knowl,edged that be/they executed it and that the corporation or partnership named above executed it. Dated: October 28, 1971 liz,�Lzi ••.••♦•!••.!•.a••!••.•!• -'Public ,�- A11TI��011Y E. MAGGIQ • Anthony E Maggio zR` P:'3-W � C4LIfNWA i O6C—>a_ii CSI! S-Y F?A'iwiSCA ; • 1 V Ctmmi_s.C:i ,.c,lin. 31. 1973• coon:,:,a000aoaaaa�oaoa•aaoao!•• BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION I 71* LE D BOND NO. 135073 2 3, -°i W PREMIUM $803.00 W. T. PAASCH CL Mc MaMo OF a KRVISMS IMPROVEMENT SECL-r ITY BOND CONTRA OSTA CQUNTV Parjidrmance 6 Maintenance, AND Labor d Materiate) (CaZif. Bus. 8 Prof. Code §ZZ6Z2; Contra Costa County Standard Form) Z. OBLIGATION. (Princzpa Cal-West Communities, Inc. as Principal, and ure y AQWjfTiMBRAai „.�..— a corporation organized and existing under the laws of the State of California and authorized to transact surety business in California, as Surety, ere y jointly and severally bind ourselves, our heirs , executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintenance) Fifty-three Thousand Five Hundred and no/00---------------Dollars ($ 53 500. 00 ) for itself or any City-assignee under the e ow-c ted •subdivis on con rac , plus (B - Labor & Materials) Fifty-three Thousand Five Hundred and no/00----------------Dollars ($ 00�-) for the benefit of persons protected under Cal. Bus. &Prof.Code $11612. 2. RECITALS. The Principal contracted with the County on Nov h r 23,, 197. 1 to install—and pay for street, drainage, and other improvements in Subdivi- sion No. 4110 , as per map now being filed with the County's Recorder, and to complete said work within 1 year from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors , subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement , and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect . No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on 7 / PRINCIPAL• SURETY Cal-West'Gammunitie Inc. ARGONAUT INSURANCE COMPANY r • By�� By A . . o a ac f * # • ! * i it e e # 4 e * • �• • • • • • • • • • • • • State of CaiiivrQasco ) ss. County of ) (ACKNOWLEDGMENT BY SURETY) On July 29. 1971 , the person(s) whose name(s) is/are signed above for Surety and who is know. to me to be the Attorneys)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corpora`wi=uretyand his/ heir own name(s) as its Attorneys)-in-Fact. CC�� _ ota c an tate (Im Sec. Bond CCC Std.Form) A M• HARRIS P• � NO7Arr►U�u� .C�►ll►OMf1A (AP-Z5;Rev. 8-67; 200) "w 01AuuSCo COYNry rr for yq,tLN[S Q[ t;IW3 • INCREASE OR DECREASE PENALTY FJMR ANDUW OF INCREASE $ 38,450.00 BOND 140. 135073 AMUNT OF DECREASE $ rmoM4 $ 576.00 Additional ARMIALIT IROMWICE COMPANY, surety upon the bond of CAL-ICEST COIF UNT=, INC. , dated the 29th day of July 19 71 , in the penalty of FIFTY-THREE U OUSAND FIVE HUNDRED AND NO/100ths Dollars ($ 53,500.00 ), in favor of OOUNTY OF CONTRA COSTA does hereby increase/S�s the penalty of said bond to the sum of h-INETY-01E THOUSAND NINE HUNDRED FIFTY AND NO/100ths --- -- Dollars ($91,950.00 ), effective as of the 29th day of July 19 71 PROVIDED, however, that the attached bored as charmed by this rider shall be subject to all its agreements, limitations, and conditions, and that the liability of the Underwriter under the attached bond and under the attached bond as changed by this rider shall not be emulative. Signed, Sealed and Dated this 12th day of October 19 71 . CAL-ver INS(IRADi(.E G�0!►PANY By By 1phmerman At rney n- ct In the Board of Supervisors of Contra Costa County, State of California June 29 . 197 In the Molter of Approval of Agreement for Private Improvements in Subdivision 4110, Walnut Creek Area. WHEREAS an agreement with Cal-West Connunities, Inc. , 780 Welch Road, Suite 202, Palo Alto, California 94304 for the installation and completion of private improvements in Subdivision 4110, Walnut Creek area, has been presented to this Board; and WHEREAS said agreement is accompanied by a $34,650 Surety bond (No. 136432) issued by Argonaut Insurance Company as security for the full amount of the cost for completion of the improvements required by the Board of Adjustment in approval of said subdivision; NOW, THEREFORE, on the recommendation of the County Building Inspector, and on motion of Supervisor W. N. Boggess, seconded by Supervisor A. M. Dias, IT IS BY THE BOARD ORDERED that said agreement and the accompanying surety bond are hereby APPROVED. IT IS FURTHER ORDERED that Supervisor James P. Kenny, Chairman of this Board, is AUTHORIZED to execute said agreasent in behalf of the County. The foregoing order was passed by the following vote: AYES: Supervisors A. M. Dias, J. E. Moriarty, W. N. Boggess, J. P. Kenny. NOES: . None. ABSENT: Supervisor E. A. Linscheid. . 1 hereby certify that the fore9ok* is o true and cared copy of as ordw entered on dw mkrAes of said Board of Supervisors on the dote oforesokL c c: Appli c ant Wdnew my hold ald tke Seal of the Board of Building Inspector Supervisors Grading Engineer affixed shin 29th day of June W. T. PAASCK Clerk By Ckwb NancOngi&hsn M 24 am IOM CONTRA COSTA COUNTY • BUILDING INSPECTION DEPARTMENT Inter - Office Memo TO: Board of Supervisors DATE: June 21, 1971 FROM: R. J. Kraintz, County Building Inspect By: James A. Searfus, Grading Engineer sae-t3 SUBJECT: SUBDIVISION 4110 - AGREDNT FOR INST T N OF IWWFWME AREA: Walnut Creek Area APPLICANT:Cal West Communities, Inc., 780 Welch Road, Suite 202, Palo Alto, Ca. 94304 Attached is the Minor Subdivision Agreement which has been secured by a Surety Bond, No. 136432, dated June 14, 1971, for the full amount of the costs for completion of the improvements required by the Board of Adjustment in approval of the above Subdivision. The agreement form has been approved by the County Counsel's Office and the estimates have been approved by this office. It is recommended the agreement be approved and executed. RECEIVED JUN 21 1971 W. T. PAASCH CL RK OARD OF MupRVISORS NIRA COO. By � Deputy UU JAS:ads attachments MINOR SUBDIVISION AGREEMENT (§1) �� Subdivision: 4110 (§1) Subdivider: Cal-West ommunities, c. (Private Improvements ) 780 Welch Road, Suite 202, Pal-o-AH-6 94304 Effective a e: June 10, 971 (Contra Costa County V Completion Period: 1 year Standard Form; 8-67) §3 Deposit: (faithful pert'. 0 1. Parties & Date. Effective on the above date, the County of Contra Costa, California—, hereinafter called "County", and. the above-named Subdivider, mutually promise and agree as follows concerning this sub- vision: 2. Improvements. Subdivider shall construct, install and complete private road and street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordi- nance Code, especially Chapter 5 (Sections 8490 et seq. ) of Division 4 of Title 8 and including future amendments, and all improvements required in the approved parcel map improvement plan of this subdivi- sion on file in the County's Building Inspection Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by Section 8495(d) of the County Ordinance Code, in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a con- flict between the improvement plan and the County Ordinance Code, the stricter requirements shall govern. 3. Improvement Security. (3 - Faithful Performance) Upon executing this Agreement, TU-B=1717er shall, in accordance with Section 8494.10(b) (3) of the County Ordinance Code, deposit as security with the County at leas the above-specified amount, which is the total estimated cost of the work, in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faith- ful performance of this agreement. 4. Indemnity. Subdivider shall hold harmless and indemnify the indem- nitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its-special districts, elective and appointive boards, commissions, officers, agents and employees; B - The liabilities protected against are any liability or claim for damage o any kind allegedly suffered, incurred or threatened be- cause 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 unfore- seeable at any time before the County approved the parcel map improve- ment plan or accepted the improvements as completed, and including the defense of any suit(s), action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-neg gen n connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions: The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other indem- nification covering any of these matters. 5. Costs . Subdivider shall pay when due all the costs of the work, including inspections thereof and relocating existing utilities re- quired thereby. -1- o. Nonperformance and Costs. If Subdivider fails to complete the work an improvements wit n the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. 7. Assignment. If before these improvements are completed this minor subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. 8. ?record Map. In consideration hereof, County shall allow Subdi- vider to file and record said parcel map, and recognizes this subdi- vision as one complying with State laws and County ordinances, and the conditions of approval of the minor subdivision. COUNTY OF CONTRA COSTA SUBDIVIDER: (see note below) By �_4,W_V� lay rman, Boarl of ervisors i01 ATTEST: W. T. PAASCH, County Clerk Bylj�', & ex officio Clerk of the Board 11resignate o cia cit in the business) By Note to Subdivider: (1) Execute Deputy acknowledgment Form below; and (2) If a corporation, attacFi—a certified copy of (a) the by-laws or (b) the resolution of the bard of Directors, authorizing execution of this contract and of the bonds required hereby. State of Californiass_ (Acknowledgment by Corporation, County of Santa Clara Partnership or Individual) On June 10, 1971 , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. 1 OFFICIAL SEAL E,1. JEAN NESS M. Jean Hess o noum rr:�Ic c�urolwu Notary C or s8 County an State Oulu 10 .� SANTA C1AP.A COU1m tAy Commission Explees Msq 13. 1974 -2- FORM APPPOVED JOHN B. CLAUSEN, CCou-rutty Co rrnseI ! By Deputy,!! -',/.•"/e�„^'u'+.'� ;to of califomio ss: :,nty of San Francisco 1 ttb _ day of June 19 71 , before me chis b I ouis A• ;, csonally aPPeared // the corporation described in the within wn to me to 6e on Attar of Argonaut inslltance ompany !1 ,trument, and he acknowledged to me that he duty cunferjt d Pon In mast s at�, mphny ocJ� the said Argonaut , / urance Company in accordance with authority duly cd � / NANCY F. STANSBERRYNOTXRY PUBLIC ' �`'" NOTA;,y PUBLIC•CAMORNIA I ..I i �t..,tJ t; SnN FRANCISCO COUNTY I474 Aly coZt,r,sstoN EXPii:.S AZAR. 16, My Commission Expires .951 BOND NO. 136432 PERFORMANCE. BOl�D- 1 he premium for this bores Is3. S20.-00 , payable in advance and"idct to odlustitrrtt d current manual rates. GOV HOME OFFICE - MENLO PARK, ULIFORNIA KNOW ALL MEN BY THESE PRESENTS: That we, CAL-WEST COni KWITIES, INC. as Principal, and ARGONAUT INSURANCE COMPANY, a corporation organized under the laws of the State of California and duly authorized under the laws of the State of CALIFORNIA to become sole surety on bonds and undertakings, as Surety, are held and firmly bound unto COUNTY OF CONTRA COSTA as Obligee in the full and just sum of THIRTY FOUR THOUSAND SIX HUNDRED FIFTY AND NO/100THS------------ Dollars, ($ 34,650.00 ), lawful money of the United States of America, to be paid to the said Obligee, successors or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, successors, administrators and assigns, jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that; whereas the above bounden Principal has entered into a contract, dated Jude 10 , 19 71 , with the Obligee to do and perform the following work, to-wit: PRIVATE IMPROVEMENTS PER MINOR SUBDIVISION AGREEMENT - TRACT 4110, SUNSET PARK OF WALNUT CREEK as is more specifically set forth in said contract, to which contract reference is hereby made; Now therefore, if the said Principal shall well and truly do the said work, and fulfill each and every of the cov- enants, conditions and requirements of the said contract in accordance with the plans and specifications, then the above obligation to be void, otherwise to remain in full force and virtue. No right of action shall accrue under this bond to or for the use of any person other than the Obligee named herein. Sealed with our seals and dated this 14th day of June 19 71 i CAL,IMST CONSHINITIES} INC- Principal r -BY: KGOMINS E COMPANY B Fit Louis A. Luhi Attomey-in-Fact FID-101&R3 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA March 26 1973 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4111, Shore Acres Area ) Deposit: $500 ) Auditor's Permit No. 89759 ) Dated April 27, 1971 ) Refund to: ) Barl W. Smith Developers, Ltd. ) 11000 San Pablo Avenue ) B1 Cerrito, California 94531 ) On January 311972 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. PASSED AND ADOPTED by a unanimous vote of the Hoard. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 26th day of March , 197 3 W. T. PAASCH, CLERK cc : Public Works (2) Subdivider � L r t.C�-C f' By + j'r�-�L�rZ Deputy Clerk Helen C. Marshall ! ! In the Board of Supervisors of Contra Costa County, State of California February 15 19 72 In the Matter of Authorizing Refunds in Connection with Subdivision 4111, West Pittsburg Area. The Board on January 31, 1972 having accepted as complete, with the exception of minor deficiencies (street sign missing and under-sized manhole frame and cover) , construction of improvements in Subdivision 4111, West Pittsburg area, two cash bonds having been posted to guarantee completion of said minor deficiencies; and The Public Works Director having reported that the deficiencies have now been satisfactorily corrected; NOW, THEREFORE, on motion of Supervisor A. M. Dias, seconded by Supervisor J. P. Kenny, IT IS BY THE BOARD ORDERED that the Public Works Director is AUTHORIZED to make the following refunds: 1. $50 for missing street sign, as evidenced by Auditor' s Deposit Permit No. 95644 dated December 24, 1971-- to be refunded to Gallagher & Burk, P. 0. Box'6ei�Y, Oakland, California; and 71a7 2. $500 for sewer manhole cover replacement, as evidenced by Auditor' s Deposit Permit No. 96398 dated January 26, 1972, to be refunded to Gallagher and Burk, 1261 Pine Street, Walnut Creek, California. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Public Works (2) Witness my hand and the Seal of the Board of Auditor Supervisors Administrator affixed this 15th day of February , 19 72 Gallagher & Burk, W. T. PAASCH, Clerk Oakland - Gallagher and Burk, By r`' k&L. (.- /I c%%6u Deputy Clerk Walnut Creek Helen C. Marshall "A 11/171 lam IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COIINTY, STATE OF CALIFORNIA ' In the Matter of Completion ). of Improvements and Declaring ) Certain Roads as County Roads, ) RESOLUTION NUMBER 72/66 Subdivision 4111, West Pitts- ) burg Area. ) t t f WHEREAS the Public Works Director having notified this Board that with the exception of minor deficiencies (two cash bonds in the amounts of $$500 and $50 have been posted for same) improvements have been completed in Subdivision 4111, West Pitts- burg area, as provided in the agreement heretofore executed by this Board in conjunction with the filing or the subdivision wap; i NOW, THEREPtORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of j establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement I 4111, West Pittsburg area April 22, 1971 r (Transamerica Insurance Company - Bond No. 5260-27-02) BE IT FURTHER RESOLVED that the $500 cash deposit as i t surety (Auditor's Receipt No. 89759 dated April 27, 1971) be RETAINED for one year pursuant to the requirements of Section 8429(b) f of the Ordinance Code as amended. M BE IT FURTHER RESOLVED that the hereinafter described roads, having been heretofore dedicated to public use by the filing of wap In the office of the County Recorder, be and the same are accepted and declared to be County roads of Contra Costa County: iANCHOR DRIVE (40/60/0.13) �ZP NAPA COURT (32/52/0.10) 1 ` as shown and dedicated for public use on the wap of Subdivision 4111 filed May 5, 1971 in Book 136 of Maps at Page 149 Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 31st day of January, 1972 by the following rote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. R. Moriarty, W. N. Boggess, R. A. . Linscheid. NOES: None. ABSENT: None. CtRTIFIED Copy I certify that this L, a full, true & correct cony of afire oriw incl docs:.eat e:.._.. 1-3 c office, Suren•.:,o_s c.�Ci�, . ...:'_.card of L: :. Il rir:iiA, O: RESOLUTION NO. 72/66 � , `� "ii`f1%,_1 '�`1' " ...<. a ' cc: Recorder by de ut'-cf"'IO curl:of said oard of�Co=ti sorts, deputy cIcrk. P Public Works (2) _ Subdivider a IN THE BOARD OF SUPERVISOtRS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of } Tract 4111, Shore Acres RESOLUTION NO. 71/291 Area. } WHEREAS a map entitled Tract 4111 property located in the shore Acres areahaving been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1970-1971 tax lien has been paid in full, and the 1971-1972 tax lien, which became a lien on the first clay of March, 1971, is estimated to be $3,600; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4. Title 8, of the County Ordinance Code; Surety Bonds issued by Transamerica Insurance Company with Earl W. Smith Developers, Ltd., a limited partnership, as principal, as follows: Bond No. 5260-27-02 in the amount of $44,,.500 for Faithftil Performance, and $450000 for Labor and materials; Cash deposit (Auditor's Deposit Permit Ido. 89759 dated April 27, 1971) in the amount of $500; Tax Bond No. 5260-27-01 in the amount of $3,600 guaranteeing payment of estimated 1971-1972 tax lien; Inspection Fee in the amount of $29250; Subdivision agreement between Earl k'. Smith Developers, Ltd., subdivider and the County of Contra Costa, w ere n said sub e- ider agrees to complete road and street improvements, etc., in said subdivision within l year from the date of said agreement; (April 22, 1972) RESOLUTION NO. 71/291 Form #23; 70-4-500 r NOW, THEREFORE, BE IT RESOLVED that said bond O and deposits and the amount s thereof be and the same are ere y BE IT MTRTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreem'meen BE IT FURTHER RESOLITED that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements shown thereon as dedicated to the public. PASSED AND ADOPTED this 4th day of May , 19 _71�, by the following vote of the Board: AYES: Supervisors A. M. Dias, Je E. Moriarty, W. N. Boggess, E. A. Linscheid, J. P. !Germy. NOES: None, ABSENT: None. CDP 1TF'1E-D COPY I certify tlwt this is a flat, true & correct copy of c? e: .,+t 1:n11 i l my office. the o=1^ '. au file ilof and that ii t_•== ' • I:c.H_ C:..t:: �. t;;:iifor_:ia, oa t:le dat- w1: do. cleric&ex oiiecio cic:l:or id Doaru or Supervisors, by de uty clerk. RESOLUTION N0. 71291 Form #23; 70-4-S00 c c: Public works (2) Planning Subdivider Earl W. Smith Developers, Ltd., 11000 San Pablo Avenue El Cerrito, California 94530 PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F, R, BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER•5URVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R_ C. BrtOATC't TELEPHONE 228-7000 DEPUTY PUBLIC WORKS DIRECTOR April 29, 1971 Subdivision 4111 RECEIVED Honorable Board of Supervisors W. T. PAASCH SOFM Adainistration Building Cl[RK�sNT OF�r9UpCOVDeput r Martinez, California °�p�t Gentlemen: There is submitted for your approval the wap of Subdivision 4111 in Supervisorial District V in the Shore Acres Area. Accompanying this sap and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is April 22, 1971. 2. Performance Bond in the amount of $44,500. This Bond, together with a $500 cash deposit (Auditor's Deposit Permit No. 89759 dated April 27, 1971,) is to guarantee completion of road and street improvements as required by the County Ordinance Code. 3. Labor and Materials Bond in the amount of $45,000. 4. Letter from Tai Collector's Office stating that there are no unpaid County taxes on the property, and that the 1971-72 tax, which became a lien on the first day of March, 1971 is estimated to be $3,600. 5. Tax Bond in the amount of $3,600 guaranteeing payment of estimated tax. 6. Request from western Title Guaranty Company on behalf of the developer, Rawl W. Smith Developers, Ltd. for annexation of the property to County Service Area L-43 for street lighting, together with a description of the area to be annexed. r'= Board of Supervisors -2- April 29, 1971 The sap is submitted for filing by the Western Title Guaranty Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorise its chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAUBR Public Works Director Ll L-,Ze&�/ By P. B. Lilkenny Assistant Public Works Dir for Highway Planning PEL:n1 cc: Western Title Company Planning Department Construction Division b F SUBDIVISION AGREEMENT 01) Subdivision: 4111 01) Subdivider:Earl Smit Developers Ltd. , (B. & P. Code §§ZZ6ZZ-Z2) a limited partnersfilp 1 Effective Date : April 22 1971 (Contra Costa County (§1) Completion Period: One Year Standard Form; 8-67) (§4) Deposits : A. (cash) 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ 2. (labor,materials) 45_non_nn Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs , fire hydrants , and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements- (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and w be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (t - FaithfuZ Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount , which is the full amount of said estimated cost , securing payment to the contractor, to his subcontractors , and to persons rentinIg equipment or furnishing labor or materials to them or to the Subdivider. S. Warranty. Subdivider :warrants teat said improvement plan is ade- ouate to accomplis^ this -•rork as pro-iser. in Section 2 ; and if, at any time before t'ie County's resolution of -c-irl !t:on for the subdivision, the improvement plan ^roves to be inadequate in any respect , Subdivi- der shall make chan5res necess;r7 tc accomplish the work as proa��ised. -1- 1 4� 6. No Waiver by County. Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement , or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from-bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards, commissions , officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s ) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. S. Costs. Subdivider shall pay when due all the costs of the work, including inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to comDlete them by contract or otherwise, and Subdivider shall Day the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements , Subdivider shall pay all reasonable attorneys' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. - ZZ. Assignment. If before County accepts these improvements, the subdivision is annexed to a city, the County may assiPn to that city the County's rights under this a;reement and/or any deposit or bond securing them. Z2. Record !ac. In consideration hereof, County shall allow Subdivider to file and record said subdivision map , and recognizes this subdivision as one complying- with State laws and County ordinances . r2- I LED W PAASCH CLOK 8 ' F SUPERVISORS SON R C TA COUNTY 8y � Deputy COUAMY OF CONTRA COSTA SUBDIVIDERS (see note below) MITH DEVELOPERS, LTD., a By F• limited partnership - a' man, Hoard of Sup rviso s By: W. SMITH D OPMENT ORGANIZATION, a co rzation, Giepe Partt r ATTEST: W. T. PAASCH, County Clark Designate official ity in the & ex officio Clerk of the Board business) Vice President By Abts to Subdivider: (1) Execute Deputy acknowledgment fore below: and (2) If a coraoration, attach a certified cony of (a) the bylaws FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board County Coun 1 of Directors, authorizing execution of this contract and of the bonds required By hereby. Deputy • • • • • • • • • • 4 • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • State of California ) ss. (Acknowledgment by Corporation, County of CONTRA COSTA ) Partnership or Individual) On April 22. 1971 , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument,.,and acknowledged to me that he executed it and that the corporation or partnership named above executed it. enwnuanuumaunuunnunnuwuanwu�wa y'1 OFFICIAL SEAL " MARCIA J. BEALS yD♦-R„y NIS:•v; PUhL1 :ALIFORNIA `L. �.T^ie✓' C(1',!NTY 01 COVTR4 COSTA C My Commiuiar Expires September 20.1972 �Inuuuuqucuuuutncucucuuatucucncanma Marcia J. Beals Notary Public for said County and State (Subdiv. Agrmt• CCC Std. Form) (HP-9; Rev. 9-69: 200) -3- ACTION OF THE BOARD OF DIRECTORS OF EARL W. SMITH DEVELOPMENT ORGANIZATION, A CORPORATION AND GENERAL PARTNER OF EARL W. SMITH DEVELOPERS, LTD., A PARTNERSHIP TAKEN WITHOUT A MEETING The undersigned being all of the Directors of EARL W. SMITH DEVELOPMENT ORGANIZATION, a corporation, do hereby unanimously consent to the adoption of the following resolution: RESOLVED: That William S. Peloyan, Vice President of this corporation, and T. A. Eskelin, Secretary-Treasurer of this corporation, be, and they hereby are, authorized to enter into on behalf of this corporation, a sub- division agreement with the County of Contra Costa covering Subdivision 4111 and to execute a performance bond, labor and materials bond and tax bond in connection therewith, together with such other documents and instruments as may be incident thereto. DATED: April 22, 1971. Smith, D rect r and President William S. Peloyan, Dir for and Vice President r Cy T. A. Eskelin, Director and Secretary. Treasurer CERTIFICATE OF SECRETARY I, T. A. Eskelin, Secretary-Treasurer of EARL W. SMITH DEVELOPMENT ORGANIZATION, a corporation, do hereby certify and declare that the fore- going is a full, true and correct copy of a resolution adopted by action taken by unanimous written consent of the Board of Directors without a meeting, dated April 22, 1971, and that the By-Laws of this corporation authorized the directors to so act; and that said resolution is now in full force and effect. In testimony whereof, I have hereunto set my hand and affixed the corporate seal of said corporation this 22nd day of April, 1971. � r Secretary (Affix corporate seal) Premum:: No. 5260-2T-02 emium: $6. 5.00 IMPROVE E:u-T SECURITY BOND (FaithfuZ• Performance & Maintenance, IE Labor & Materia Zs) (CaZif. Bus. & Prof. Code §ZZ6Z2; Contra Costa County Standard Form) Z. OBLIGATION. (PrincipaZl Principal., P , and ure y Tt2nnL AMF:Rrca �itRatacl+ COMPANY �co oration organized and existing under the laws of the State of " California and authorized to transact surety business in California, as Surety, ere y jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintei,ance) - FORTY-FOUR THOUSAND FIVE HUNDRED AND NO/100= ;= ; ====- Dollars ($ 44;500.00 for itself or any City-assignee under the below-cited subdivision contract, plus . (B - Labor & Materials ) FORTY -FIVE-.THOUSAND AND NO/100--------------------- Dollars ($45,000.-00 for the benefit of persons protected under Cal. Bus.&Prof.Code 11 12. 2. RECITALS. The Principal contracted with the County on Contra Costa to install and pay for street, drainage, and other improvements in Subdivi- sion No. 4111 , as per Inap now being. filed with the County's Recorder, and to complete said work within one year from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. J. COVDI-TION. If the Principal faithfully performs all things required of Xhim according to the terlas and conditions of said contract and improvement plan and improvements agreed on by nim and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays `the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to thein for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) ',- above shall become null and void; otherwise this obligation remains in full l: force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included .in the judgment. SIGHED AND SEALED on Apri 1 22, 1971 1PRINCIPAL SURETY Earl W. Smith Developers, Ltd. ,a ptrship By: EARS. W. SMITH DEVELPP#ENT ORGANIZATION, TRAN.SAMER.ICA INSURANCE CC'ANY a corporation, tsener -, By ices President 10 C QVej, Al�gneg Jct State of California ) ss, County of San Francisco ) (ACKNOWLEDGMENT BY SURETY) On April 22, 1971 , the person(s) whose name(s) is/are signed above for Surety and who is knotrn to me to be the Attorneys)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporat n as Surety nd his/their own name(s) as its 'Attorney(s)-in-Fact. ota f b1R�� '�p C unty and State (Imp. Sec.Bond, CCC Std.Form) 3 r- 1lpi;nt FCGLIC-Clili0RNl6 '< (AP-ZS Rev. 8-67 • ''�" , 200) �\�; � CITY A";?C^Q:+fY OF ' �yl1 SAN MAM'!$CU t� W.y CQmmi;si_n Er ices M 2,I973 e� r�AUTMORiTY OF 516gERS FOR SURETY Transcripts fiaa the My-Laws TRANSAMERICA INSURANCE COMPANY 1, the undersigned, Secretary of TRANSAMERICA INSURANCE COMPANY, do hereby certify: That the following have been duly appointed Resident Officers or Attorneys-in-Fact of TRANSAMERICA INSURANCE COMPANY with fullpower and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, any and all bonds, undertakings, and any instrument given in connection therewith or pertaining thereto, and to bind TRANSAMERICA INSURANCE COMPANY thereby. 1 do further certify that the authority of the Resident Officers or Attorneys-in-Fact, hereinafter listed, is in full force and effect. RESIDENT RESIDENT ATTORNEYS PLACE VICE PRESIDENTS SECRETARIES IN FACT San Francisco, J. F. Dineen J. F. Dineen J. F. Dineen California W. N. Jaccard W. N. Jaccard W. N. Jaccard J. S. Pearce J. S. Pearce J. S. Pearce - - - - - - - Viola M. Cheever Viola M. Cheever I do further certify that the following transcript from Article VII of the By-Laws of TRANSAMERICA INSURANCE COMPANY is a just,true and correct copy of the original thereof and is still in full force and'effect: ARTICLE VII SECTION 30. All policies, bonds, undertakings, certificates of insurance, cover notes, recognizaaces, con- tracts of indemnity,endorsements, stipulations, waivers, consents of sureties, re-insurance acceptances or agree- ments, surety and co-surety obligations and agreements, underwriting undertakings, and all other instruments pertaining to the insurance business of the Corporation, shall be validly executed when signed on behalf of the Corporation by the President, any Vice President or by any other officer, employee, agent or Attorney-in-Fact authorized to so sign by (i)the Board of Directors, (ii)the President, (iii) any Vice President, or(iv)any other person empowered by the Board of Directors, the President or any Vice President to give such authorization;pro- vided that all policies of insurance shall also bear the signature of a Secretary, which may be a facsimile, and unless manually signed by the President or a Vice President, a facsimile signature of the President. A facsimile signature of a former officer shall be of the same validity as that of an existing officer. The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person authorized to execute or attest such instrument may affix the Corporation's seal thereto. This certification is signed and sealed by facpimile under and by the authority of the following resolution adopted by the Board of Directors of TRANSAMERICA INSURANCE COMPANY at a meeting duly called and held on the 27th day of December, 1962: RESOLVED,that the signature of the Secretary and the seal of the Company may be affixed to any Certificate of appointment of Resident Officers or Attorneys-in-Fact by facsimile, and any such Certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company when so affixed, and in the future, with resect to any bond, undertaking or contract of suretyship or any document or notice pertaining there- to,to which it is attached. Given under my hand and the seal of the Company, this 22nd day of April. 19 71 ARY 492(3-65) MrT • > EMMETT HITCHCOCK EDWARD W ZEAL JR `. ASS157ANT ( COUNTY TREASURER-TA; COLLECTOR TAX COLLECTOR'S OFFICE couN7r TRE ASURLR-TA;COLLECTOR P1.0-41 228 ' ^O ALFRED P LOMELI ExT =,.•. =�_�`_ 2387 CONTRA COSTA COUNTY T., 01"LE --N-GE- FI-ST 01 'r-ES FIRST INSTALLMENT OF TAXES MARTINEZ. CALIFORNIA 94553 DE>.I1zc71%T DUE AND PAYABLE ON 7..E TENTH DAY OF DECE+BER ON THE FIRST DAY OF NOVEMBERApril 4G, 1^T 4G 9(,L SECOND INSTALLMENT OF TAXES SECOND INSTALLMENT OF TAXES DELINQUENT DUE AND PAYABLE ON THE TENTH DAY OF APRIL ON THE FIRST DAY OF FEBRUARY IF THIS TRACT IS NOT FILED BY OCTOBER 31, 19 71 1HZS LBTM ZS VOID This will certify that I have examined the W of the proposed subdivision entitled: TRt:CT NO. 4111 and have determined from the official tax recordo that there are no unpaid County taxes heretofore levied on the property included in the map. The current 197071 tax lien has been paid in full. Our estimate of the 1971-72_ tax lien, which became a lien on the first dry of March, 1.971, is S 3,600.00 EWETT HITCHCOCK Redeuption Office By: rRE7CEI-V�EID - t> 1 W. T. PAASCH CLE BOARD SUPERVISORS ON3f{ STA CO. SY lL� Deputy i Bonoo. 5260-27-01 . Premium: $36.00 BOND AGAINST TAXES KNOW ALL I-IEN BY THESE PRESENTS: limited partnership THAT Earl W. Smith Developers, Ltd. , a / , as principal and (Surety) TRANSAMERICA INSURANCE COMPANY a corporation organized and existing under the laws of the State of California and authorized to transact surety business in California as surety are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of THREE THOUSAND SIX HUNDRED and no/100 Dollars ($3600 .o0------ ), to be paid to the said County of Contra Costa, for the payment of which well and truly to be made, we and each of us bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. Sealed with our seals and di:ted this 22nd day of April , 19 71 The conditions of the above obligation is such that WHEREAS, the above bounded principal is about to file a map entitled �,brji jX3.s 4Q4 4111 t and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said Tract of land covered by said map, which.-taxes and special assessments collected as taxes, are not as yet due or payable. NOW, THEREFORE, if the said Principal _ shall pay all of the taxes and special assessments collecteu as taxes which are a lien against said tract of land covered by said map, at the time of the filinS of said map of said Tract, then this obligation- shall be void and of no effect. Otherwise it shall re- main in full force and effect. EARL W. SMITH DEVELOPERS, LTD., a limited ppartnersh By: EARL V. SMITH DEVELOPMENTipp RGANIUTION, F 1 L E D a corporap Vii, Prig pal General Partner L BYs �:�"l��tl r ;Ff�a Pres. W. T. PAASCH cA PUMRAN COMPANY surety C RK BOARD Cf SUPERVISCAS O'QTROS COUNTY B ACKNOWLEy --- �z-✓o,:, Viola Bever, Attorney-in-Fact L'rE; (BY 5-C-HETY) _ State of California and County of San Francisco County in wTH-cE acknowledgement is taken On ril 22, 1971v before me, Lillian G. Horton , a Notary Public, in an or sail County and State, personally appeared Viol& M. ¢peeve,. known to me to be Atto=;c-i n-Fact of the copporation that executed the within Ins rumenL' and also known to me to be the person who executed it on behalf of such corporation and acknowledged to me that such corporation executed the within instrument pur3ua to ivs bv— a.r3 cr a resolution of its bo *,4_& S LILLIAN G. hOR►ON `"�� PT-1, 11C ;; s hOlAn( [U6>iC-CAtIfOA#lQ nameofnotary cily!�' C?LR Y of NOTARY PUBLIC � $�tS FRAr1GISC0 p; Commission D ices t8ay 2.19.3 _ _. 3� - *AUTHORITY OF SIGNERS FOR SUREno - ± Transcripts Anim tins fit+-Laws TRANSAMERICA INSURANCE COMPANY I, the undersigned, Secretary of TRANSAMERICA INSURANCE COMPANY, do hereby certify: That the following have been duly appointed Resident Officers or Attorneys-in-Fact of TRANSAMERICA INSURANCE COMPANY with full power and authority, for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto, any and all bonds, undertakings, and any instrument given in connection therewith or pertaining thereto, and to bind TRANSAMERICA INSURANCE COMPANY thereby. I do further certify that the authority of the Resident Officers or Attorneys-in-Fact, hereinafter listed, is in full force and effect. RESIDENT RESIDENT ATTORNEYS PLACE VICE PRESIDENTS SECRETARIES IN FACT San Francisco, J. F. Dineen J. F. Dineen J. F. Dineen California W. N. Jaccard W. N. Jaccard W. N. Jaccard J. S. Pearce J. S. Pearce J. S. Pearce - - - - - - - Viola M. Cheever Viola M. Cheever I do further certify that the following transcript from Article VII of the By-Laws of TRANSAMERICA INSURANCE COMPANY is a just,true and correct copy of the original thereof and is still in full force and'effect: ARTICLE VII SECTION 30. All policies, bonds, undertakings, certificates of insurance, cover notes, recognizaaces, con- tracts of indemnity.endorsements, stipulations, waivers, consents of sureties,re-insurance acceptances or agree- ments, surety and co-surety obligations and agreements, underwritingundertakings, and all other instruments pertaining to the insurance business of the Corporation, shall be vally executed when signed on behalf of We Corporation by the President, any Vice President or by any other officer, employee, agent or Attorney-in-Fact authorized to so sign by (i)the Board of Directors, (ii)the President, (iii) any Vice President, or(fv)any other person empowered by the Board of Directors, the President or any Vice President to give such authorization;pro- vided that all policies of insurance shall also bear the signature of a Secretary, which stay be a facsimile, and unless manually signed by the President or a Vice President, a facsimile signature of the President. A facsimile signature of a former officer shall be of the same validity as that of an existing officer. The affixing of the corporate seal shall not be necessary to the valid execution of any instrument, but any person authorized to execute or attest such instrument may affix the Corporation's seal thereto. This certification is signed and sealed by facpimile under and by the authority of the following resolution adopted by the Board of Directors of TRANSAMERICA INSURANCE COMPANYat a meeting duly tailed and held on the 27th day of December, 1962: RESOLVED,that the signature of the Secretary and the seal of the Company may be affixed to any Certificate of appointment of Resident Officers or Attorneys-in-Fact by facsimile, and any such Certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company when so affixed, and in the future, with resect to any bond, undertaking or contract of suretyship or any document or notice pertaining there- to,to which it is attached. Given under my hand and the seal of the Company, ,$�;;,:.;�• this day of h`pri1- 19 71, 4' •.4aeww� ANY 482(3.65) IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA September 10• , 1975 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4112, Walnut Creek ) Area ) Deposit: $500 ) Auditor's Permit No. 92313 ) Dated August 10, 1971 ) Refund to: ) Walnut East Associates ) 3730 Mt. Diablo Boulevard Lafayette, California 94549 ) On _August 26, 1,914 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. PASSED by the Board on September 10, 1975. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 10th day ofSeptember , 197 J. R. OLSSON, JWCXJ(QLXJ� CLERK cc: Public Works (2) Subdivider 6� By Deputy Clerk Mar r a i g When Recorded return g�q�; ,•� b 655 Clerk, Board of SupeAsors Administration Building SEP 1974 At IMF OF 78664- 0 SEP - 3 tqn� Ar O'ClOpt�AL CC& 11 COVA aXM1f NOOMiL IN THEE BOARD OFSUPERVISORS I R OLSSON 0V COUNTY ONTRA:COSTA COU�I'TY, STATE OF CALIFWUMS In the`Tiatter of Completion of ) In-jrovements and Declaring ) Certain Road as a County Road, (Subdivision 4112 ) Walnut Creek � RESOLUTION NO. 74/748 Area. ) M?.EAS the Public Works Director having notified this Board that construction of improvements .has been completed in Subdivision 4112, `salnut Creek area, as provided in the road improvement agreement heretofore executed by this Board; Nol , THEUFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action -under said Road Improvement Agreement: Subdivision. Date of Agreement 4112, . alnut Creek area August 17, 1971 (United Pacific insurance Company - Bond No. B-644572) ' BE IT FURTHER RESOLVED that the 5$500 cash deposit as surety (Auditor's Receipt No. 92313 dated August 10, 1971) be RETAINED for one year pursuant to the requirements of Section 94-4.406 of the Ordinance Code as amended. BE IT FURTM RESOLVED that the hereinafter described road, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same is accepted and declared to be a County road of Contra Costa County: 1 ALITUT BOULEVARD IDENING as shotivm and dedicated for public use on the sap of Subdivision 4112 filed February 25, 1972 in Book. 11,14 of Pups at Page 5, Official Records of Contra Costa County, State of California. P4SSED AND ADOPTED this 26th day of August, 1974 by the '61lowing vote of the Board: ?AYES: Supervisors j. 'r. Kenny, A. K. rias, N. Boggess, E. A. Linscheid, J. E. 14oriarty. 1.3 :•TOES: None. ABSENT: None. "Fit CERTIFIED COPY cc: Subdivider/ I certify that this Is a full, true A correct copy of Recorder t/ the orig[aal document which is on ftte in my office. and that it was pasoed S adopted by the Board of -Public Works SupervL•ors of Contra Costa County. California. on the date shown. ATT£.T: 3. R. OLSSO`, County Clerk n ex-officio CIerk of said Board of Supervisors. by Deputy Clerk. on R SOLUTya:T NG. 74/748 ON OF NXII HENT In the Board of Supervisors of Contra Costa County, State of California June 11 19IA- Inthe Matter of Authorizing Public Works Depart- ment to Complete Construction of Improvements in Subdivision 4112, Walnut Creek Area. The Board on August 17, 1971 having approved an agreement with Joseph A. Duffel and Robert Boswell, 1882 Diamond Boulevard, Suite 450, Concord, California 94520 for the installation and completion of pavement widening, curb, sidewalk and a storm drain- age channel along the entire frontage of Subdivision 4112 on Walnut Boulevard, .Walnut Creek area; and The Public Works Director having noted that the time limit for completion of said improvements expired on August 10, 1972; and The Public Works Director having reported that the developer was requested to complete the work as required by the agreement but that no further work has been accomplished; and On motion of Supervisor E. A. Linscheid, seconded by Super- visor A. M. Dias, IT IS BY THE BOARD ORDERED that the Public Works Director is AUTHORIZED to arrange for the performance of the cor- rective work by contract or purchase order and to use the $500 cash bond as needed to defray the cost to the County of doing the work (presently estimated to be $500 plus the cost of preparing plans, specifications, solicitation of bids and any cost involved in recovering monies from the surety) . IT IS FURTHER ORDERED that County Counsel is AUTHORIZED to recover any cost in excess of $500 from the developer and/or United Pacific Insurance Company, the bonding company which issued surety bond (No. B-644572) in the amount of $23,500. The foregoing order was passed by the following vote: AYES: Supervisors A. M. Dias, W. N. Boggess, E. A. Linscheid, J. E. Moriarty. NOES: None. ABSENT:Supervisor J. P. Kenny. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: County Counsel Witness my hand and the Seal of the Board of Public Works Director Supervisors County Auditor affixed this 11th day of June , 19 14. Developer J. R. OLSSON, Clerk By G , Deputy Clerk Helen C. Marshall H 24 5/74 -12,500 �' m IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 41129 Walnut Creek ) RESOLUTION NO. 72/98 Area. ) WHEREAS a map entitled Tract 4112, property located in the Walnut Creek area,' having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1971-1972 tax lien has been paid in full; and Letter from the Public Works Director stating that said map is submitted for filing under the provisions of the County Ordinance Code and all fees have been paid; and WHEREAS in connection therewith, it having been noted that the improvements for the widening of Walnut Boulevard are to be con- structed in accordance with a road improvement agreement approved by this Board on August 17, 1971; and WHEREAS the Public Works Director having advised that the improvements within the subdivision will not become the maintenance responsibility of the Public Works Department, therefore no subdivi- sion agreement is required; R NOW, THEREFORE, BE IT RESOLVED that said map is hereby APPROVED, subject to payment of appropriate Park Dedication fees pursuant to Section 812-8.402 prior to recording of the final and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements shown thereon as dedicated to public use. PASSED AND ADOPTED this 22nd day of February, 1972 by the following vote of the Board: AYES: - Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. NOES: None. CERTIFIED COPY ABSENT: None. I certify that this is a full, true the original docurne•.t wiuclt is e & correct copy of cc: Public Works (2) and [tial it eras oa file in my office, pa.,.ed ad°'Le;i i y the Doard,of Planning -supervi;,oi•s of Contra Cuts tie date shown. ATT; ,Cuunty. Califor.cia, on Subdivider ST= rj �. �- cx, c°ally eJ . A. Duffel & R. Boswell clerk&-ex-officio cleri;of said Board of Supervisors, by deputy clerk. 1882 Diamond Boulevard, Suite 450 . _ Concord, California RESOLUTION NO'. 72/98 i r L C A �y In the Board of Supervisors of Contra Costa County, State of California AMst 17 . 19U_ b Nie Matftr of Approval of Road Improvement Agreement with Joseph A. Duffel and Robert Boswell, Walnut Boulevard, Subdivision 4112VI ►i Walnut Creek Area. WHEREAS the Public Works Director has presented an agree- ment between the County of Contra Costa and Joseph A. Duffel and : Robert Boswell for the installation and completion of pavement I• � widening, curb, sidewalk and a storm drainage channel along the entire frontage of Subdivision. 4112 'on Walnut Boulevard, Walnut Creek area, required as a condition of approval of said I) subdivision; and WHEREAS said agreement is accompanied by an Improvement Security Bond (No. B-644572) issued by the United Pacific Insur- ance Company in the amount of $38,454 for Faithful Performance and $38,454 for Labor and Materials, together with a $500 cash deposit (Auditor's Deposit Permit No. 92313 dated August 10, 1971) h � which amounts are required to q guarantee completion of said Improve- ments as required by the County Ordinance Code as amended; NOW, THEREFORE, on motion of Supervisor J. E. Moriarty, seconded by Supervisor W. N. Boggess, IT IS BY THE BOARD ORDERED that aforesaid agreement is APPROVED and Supervisor James P. Kenny, Chairman, is AUTHORIZED to execute same in behalf of the County. t P The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. E. Moriarty, W. N. Boggess, E. A. Linscheid, J. P. Kenny. NOES: None. ABSENT: Supervisor A. M. Dias. i I hereby aw* IIIot the fore9oicq is a true and cornu copy of an order saftred an tate cni rAn of said bard of Supervisors on the daft aforesaid. Witness my hand and the Sed of the Board of cc: Public Works (2) Supervisors Planning affixed this 17th day of_AU¢ust , 19 7.L W. T. PAASCH, Cleric Mildred 0. Ballard H24N1 NN PUBLIC WORKS t]EPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY DEPUTY PUBLIC WORKS DIRECTORS PUBLIC WORKS DIRECTOR - F, R.BROWN 67H FLOOR. ADMINISTRATION BUILDING R. D. BROATCH CHIEF DEPUTY PUBLIC WORKS DIRECTOR MARTINEZ. CALIFORNIA 94553 VERNON L. CLINE TELEPHONE 226-3000 R. M. RYGH (RM. 115 COURT HOUSE) February 23, 1972 HP - Subdivision 4112 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 4112 in Super- visorial District III in the Walnut Creek area. Accompanying this map and pertaining thereto is the following document: Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property. The map is submitted for filing by Transamerica Title Company under the pro- visions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, RECEIVED VICTOR W. SAUER Public Works Director 00, W. T. PAASCH gy CLERK BOARD OF SUPERVISORS 1 os% O. Paul E. Kilkenny BYE =lr/ .lDcPu:r Assistant Public Works Director Highway Planning PEK:fa cc: Transamerica Title Co. Planning Department Construction Division EDWARD W. LEAL - ALFRED P,LOMELI COUNTY rTREASURER-TRX COLLECTOR Ass�atarit County.Treasurer-Tax Collector PHONE 228-3000 - EXT. "485 TAX COLUECTOR's OFFICE r1Q$T Ia[MT Or TAXES rl[iT Ih1T 7 Or TA1(r DUE ^ND►.VASLC CONTRA CvTq OV = 09 0%cutwT ON TMC-Tipsy DAV or MOv(AIR(S MARtlNEZ. CALIFORNIA 0% TMi T[NTM DAY or DECEr.(R - SrInNn IMSTALLAI(MT OF TAXES SECOND INSTALLMINT Or TAXES hur ANO PAVASLE T.y 7,., u �y f1 CS DiLINOUrwT ON TMC FIRST DAV Or VCSRUARY Cebr ar-.-� 1O, 1972 ON TME TihTM DAY OF Aoell, IF THIS TRACT IS NOT FILED BY FEBRUAFM 28, 1972s THIS LETTER IS VOID This SIM certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 4112 and have determined from the official tax records that there are no unpaid county taxes heretofore levied on the property included in the map. The current 1971=72 tax lien has been paid in f1t11.. EIWARD til. LEAL Redemption O r i By: dl i IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) RESOLUTION NUMBER 71/831 Tract 4117, Rheem Area. ) WBEREAS a map entitled Tract 4117, property located in the Rheem area, having been presented to this Board for approval, said map having been certified by the proper officials, and being accom- panied ccompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1971-1972 tax lien has been paid in full; and Letter from the Public Works Director stating that said map is submitted for filing under the provisions of the County Ordinance Code; and WHMREAS the Public Works Director having advised that there are no public street or drainage improvements, hence subdivision agreement, bonds, and inspection fees are unnecessary; NOW, THEREFORE, BE IT RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements shown thereon as dedicated to public use. PASSED AND ADOPTED this 7th day of December, 1971 by the following vote of the Board: AYES: Supervisors A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, J. P. Kenny. NOES: None. ABSENT: None. t;1,,itT11i'1L1) t;UYY L certify that this is a full. true & correct copy u, cc: Public Works (2) the original dt emuent tdhinh is on file in MV offier Planning and that it was !,a ysp.r? N. h 'b-t Board ( Subdivider Supervisors of Conti-1, '—ount . California, c Favro Construction Inc. the date shown. ATTEST: W. T. PAASCH, count. 3741 Quigley Street clerk&ex-officio clerk of said Board of Supervisors. Oakland, California by deputy clerk. oni RESOLUTION NUHER 71/831 PUBLIC WORKS DEPARTMENT VICTOR SAU£R CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPU iT PUBLIC WORKS OiRFCTOP. ROAD COMMISSIONER-SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR December 7, 1971 HP - Subdivision 4117 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 4117 in Supervisorial District III in the Rheem area. Accompanying this map and pertaining thereto is the following document: Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property. The map is submitted for filing by Title Insurance & Trust Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, .c`E, T V T-7% VICTOR W. SAUER Public ks Director 1%►. T. PAA' CH CLERK GOAFID Or UFcR:I:_:fii coli .c r co. Paul E. Kilkenny Assistant Public Works Dir. ctor PEK:fa Highway Planning cc: Title Insurance & Trust Company Planning Department Construction Division EfYWAitp W.'LEAL ALFRED P.LOMELI �OUNTY TREA5URFR-TAX COLLECTOR Assistant County Tnasunc-Tax Collector F PHONE 220-3000 EXT_ 1185 TAX CCIL"CTOWS OFF/CE FI.STONSALL-ENT OrutTAND P-ADL[TA xtf CONTRA COSTA COUNTY •IIFST IN O[LINOUtN Or TAl90 ON TM[r -r1A4T OAT OF NlARTtNEZ. CALIFORNIA NOV[YMtA ON TMt TINT. DAT Or DCCt"gUS - STn%E)INSTALLYthT OF TA%ts t[CONO INSTALLMTNT OF TAXIS DUF AND*AYAULC 'T Q�'� DtLINOUFAT ON TMt FIRST DAT OF FrOPUAAY December 1$ 1971 ON TMt T[NTM DAT OF ANLL IF THIS TRACT IS NOT FILED BY FEBRUARY 289 1972s THIS LETTER IS VOID This will certify that I have exardned the map of the proposed subdivision entitled= TRACT NO. 4117 and have determined from the official tax records that there are no =paid County taxes heretofore levied on the property included in the map. The current 1971-72 tax lien has been paid in full• EIWARD W. LEAL Redemption Offioer`� r Deputy dl IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATS OF CALIFORNIA - In the Matter of Approval ) of Subdivision Map of ) RESOLUTION NO. 72/82 Tract 4122, Rheem Area. ) WHEREAS a-map entitled Tract 4122, property located in the Rhesm area, having been presented to this Board for approval, said map having been certified by the proper officials, and being accom- panied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1971-1972 tax lien has been paid in full; and Letter from the Public Works Director stating that said map is submitted for filing under the provisions of the County Ordinance Code and all fees have been paid; and WHEREAS the Public Works Director having reported that Subdivision 4122 is a re-subdivision of Lots 13 and 14 of Subdivi- sion 3051; that all improvements have been constructed; that necessary driveway connections will be constructed under Encroachment Permit No. 2945-3285; and WHEREAS it having been noted that there are no public street or drainage improvements, a subdivision agreement, bonds and inspec- tion fees are not required; NOW, THERLPORE, BE IT RESOLVED that said map is hereby APPROVED and this Hoard does not accept on behalf of the public any of the streets, roads, avenues or easeaents shown thereon as dedicated to public use. PASSED AND ADOPTED this 8th day of February, 1972 by the following vote of the Hoard: _ AYES: Supervisors J. P. Kenny, A. K. Dias, E. A. Linscheid. FOBS: None. ABSENTS Supervisors J. B. Moriarty,. W. N. Boggess. CERT1Fi�D COPY I certify that ti-is it a : iJ, Lmc & correct copy of the origi:.al doer:::-!:: ci fiiu i:: nib: oftix, and tint it w _ :_c,! .:o, ..i :; e Lo xd of Snpervi.;o.j of i:r.:tr.: C:;-La L,u:ay, Califor..ia, on the date A TTLu.: W. T. i'1,.�:;CFI, comty Werk&ex-ofricio cleric of said L'oard of Supervisors, by deputy clork. RESOLUTION N0. •72/82 cc: Public Works (2) Planning Subdivider J PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY DEPUTY PUBLIC WORKS DIRECTORS PUBLIC WORKS DIRECTOR 6TH FLOOR. ADMINISTRATION BUILDING R. D. 7ROATCH F. R. BROWN CHIEF DEPUTY PUBLIC WORKS DIRECTOR MARTINEZ. CALIFORNIA 94553 VERNON L.CLINE. TELEPHONE 220-3000 R. M. RYGH (RM. IIS COURT HOUSE) February 7, 1972 HP - Subdivision 4122 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 4122 in Supervisorial District III in the Rheem area. Accompanying this map and pertaining thereto is the letter from the Tax Collector's office stating that there are no unpaid County taxes on the property. The map is submitted for filing by the Financial Title Company under the provisions of the County Ordinance Code and all fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the final map of Subdivision 4122 on behalf of the County. Very truly yours, VICTOR IV. SAUER yPubli ks Director y aul E. Kilkenny Assistant Public Works Direc or Highway Planning PEK:fa JL-L " L t `Y' cc: Financial Title Company Planning Department F1 , LED1 Construction Division f 1'V. T. PAASCH CLERK OOARD OF SUPERVISORS Fy. .= " I - + ALFRED P.LOMELI EOWARO W. LEAL Assistant COUNTY TREASURER-TAX COLLECTOR County Treasurer-Ta:Collector PHONE 228-3000 EXT. :?BS TAX COI.I.ECTOR'* OFFICE Fi.StpuCT•NO"VASLIE tte CONTRA COSTA COUNT ►iwtT,N OfL1 auCN OF T•1[e ON TMC CIPST OAT OF MOvtr+etwMARTINEZ. CALIFORNIAON tNt T[NTM oar or ofcfr.[0 srcn%o INSTALLMENT OF Th%tt etCONO IMt74LLNr'.T Or TOILS Our ANO♦•TOel..tTanuary 26., �1�Sr'2 ON TME TE%T.ON INC FIwST OET OF O•T OF IFwIL FEMU&e1l r! .a.7/ IF THIS TRACT IS NOT FILED BY FEBRUAEM 2$s 1972s THIS METIER IS VOID This Will. certify that I have examined the map of the proposed subdivision entitled: TRACT. td'0. 4122 and have determined from the official tax records that there included no unpaid c=ty taxes heretofore levied on the property in the map. The mrrent 1971-72 tax lien has been paid in full. EWARD W. MAL Redemption Office By. pa 10 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval } of Subdivision Map of } Tract 4125, Brentwood } RESOLUTION NUMBER 71/835 Area. WHTREAS a map entitled Tract 4125, property located in the Brentwood area, having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by-. Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1971-1972 tax lien has been paid in full; and Letter from the Public Works Director stating that said map is submitted for filing under the provisions of the County Ordinance Code; and WH&REAS the Public Works Director having advised that all improvements except sewer and water facilities will be constructed under the jurisdiction of the Building Inspection Department, and the sewer and water facilities will be constructed in accordance with Contra Costa County Sanitation District No. 19's Standard Specifications and inspected by the Public Works Department on behalf of the District. NOW, THRREFOR BE IT RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements shown thereon as dedicated to public use. PASSED AND ADOPTED this 7th day of December, 1971 by the following vote of the Board: AYBSt Supervisors A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, J. P. Kenny. None. Copy ABSENT: None. t certify that this is a full, t.rae & correct copy o: the ori-inal file !n n,c and office, tis ti!. .:xs • ;��-,,, s• .,:;n,tn.� �. . .�E Board of ec t Public Works (2) >Lperr;sc!:, r,f !''r;+.•_ Planning .•.Le date . .� . j, . '' ►if on r�lLSCH, county Subdivider clerk&ex-officio clerk of Suid 1:oard of Supervisors, William E. Irons by deputy clerk. c/o Ronayne Sales & Development Company 1i�L on &e- 7 &7/ 2275 Willow Pass Road Concord, California RESOLUTION NUMBER 71/835 PUBLIC WORKS DEPARTMENT VICTOR SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER.SURVEYOR 6TH rLOOR, ADMINISTRATION BUILDING MARTINEZ, CALIFORNIA 94553 R. O. BROATCH TELEPHONE 228.3000 DEPUTY PUBLIC WORKS DIRECTOR December 7, 1971 HP - Subdivision 4125 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 4125 in Supervisorial District V in the Brentwood area. Accompanying this map and pertaining thereto is the following docu- ment: Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property. The map is submitted for filing by Financial Title Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAUER R E C k'I E- Public Works Director W. T. PAASCH CLERK BOARD Or t ?ERVIS�I.a By �f sy 14 ts. _COS•,a ^ -.C.'_.. Deputy Paul E. Kilkenny Assistant Public Works Director Highway Planning PEK:fa cc: Financial Title Company Planning Department Construction Division EDWARD W. LEAL ALFRED P.LOMEL1 COUNTY TREASURER-TAX COLLECTOR Assistant County Tr*asur*r•Tax Collector ;. ,PHONE 228-3000 " €xT. :RFs TAX COLI.ECTOR'f OFFICE FIRST DINSALLMENT OFUET TAND P•TAOLEt ite CONM COSTA COUNTY fleST tNSTACirthT OF TAxEO O[LINOU[hF ON INC-"PST OAY Of NMARtiNQ CALIFORNIA OXEres" Oh TME TEA NT. DA Or orcald Ee - Sffn%O INSTALL4ENT Of TAfEe "CO"O tNST.LLrfhY Of TAXES DUF AND PAPA/LE n (�7'� OELINOur&r 2 ON TME FIeST OAY QF FEOeYA*T December ' i j,.L ON THE TENT.DAY OF AMIL IF THIS TRACT IS NOT FILED BY FEBRUARY 28, lW2, THIS LETTER. IS VOID This VM certify that I have examined the map Of the proposed sabdivisim entitled: TRACT NO. 4125 and have determined from the Official tau records that there ars no Mpaid w=ty taxes heretofore levied M the property included in the map. The current 1971-72 tau lien have been paid in 11,11. EIWARD �. t Redemption B9: dl M 0 r • In the Board of Supervisors of Contra Costa County, State of California November 23 P19 _71 In the Matter of Approval of Agreement for Private Improvements in Subdivision 4125, Byron Area, (Lido Shores) . WHEREAS an agreement with William E. and Dorothy G. Irons, c/o Ronayne Sales & Development, Inc. , 2275 Willow Pass Road, Concord, California for the installation and completion of private improvements in Subdivision 4125, Byron area, has been presented to this. Board; and WHEREAS said agreement is accompanied by a $4,935 Surety Bond (No. M-142,908) issued by Pacific Employers Insurance Company as security for the full amount of the costs for completion of the improvements required by the Board of Adjustment in approval of said subdivision; NOW, THEREFORE, on the recommendation of the County Build- ing Inspector, and on motion of Supervisor A. M. Dias, seconded by Supervisor J. E. Moriarty, IT IS BY THE BOARD ORDERED that said agreement and the accompanying surety bond are hereby APPROVED. IT IS FURTHER ORDERED that Supervisor James P. Kenny, Chairman of this Board, is AUTHORIZED to execute said agreement in behalf of the County. The foregoing order was passed by the following vote: AYES: Supervisors A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, J. P. Kenny. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Applicant Witness my hand and the Seal of the Board of Building Inspector Supervisors Grading Engineer affixed this 23rd day of November , 19 71 W. T. PAASCH, Clerk LCc ' `' By t_( LL ;1•i,t � ;�t /� Deputy Clerk Helen C. Marshall H 24 4/71 1O4 CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT Inter- Office Memo TO: Board of Supervisors DATE: November 17, 1971 FROM: R. J. Iiraintz, County Building Inspector,'-- By: nspector,'By: James A. Searfus, Grading Engineer -�" SUBJECT: SUBDIVISION 4125 - LIDO SHORES - AGR FOR INSTALLATION OF PRIVATE IMPROVEMENTS Area: Byron Owner/Applicant: William E. and Dorothy G. Irons c/o Ronayne Sales & Development, Inc. 2275 Willow Pass Road Concord, California Attached is the Subdivision Agreement which has been secured by a Surety Bond (Pacific Employers Insurance Company - #M-142,908) in the amount of $4,935 for the full amount of the costs for completion of the improvements required by the Board of Adjustment in approval of the above Subdivision. The agreement form has been approved by the County Counsels Office and the estimates have been approved by this office. It is recommended the agrement be approved and executed. RECEIVED JAS:ads NOV 17 1971 W. T. PAASCH attachment CLERK BOARD OF SUPERVISORS O TRA COSTA C�. By rl-uty �y w VINER- AGREDIENT §1 _Mb� Subdivision yids Shores �§l� Subdivider: Wj,1 .-R. Naas 3L :. (Private Improvements) DRTgt -_� Errectl:ve Date; q9 3, L__,_ (Contra Costa County 1713Deposit: Completion Perio Standard Form; 8-67) (faithful pe 49j5.,.W 1. Parties & Date. Effective on the above date, the County of Contra Costa, Californ a, hereinafter called "County)), and the above-named Subdivider, mutually promise and agree asfollows concerning this sub- vision: 2. Improvements. Subdivider shall construct, install and complete ""Private road and street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordi- nance Code, especially Chapter 5 (Sections 8490 et seq. ) of Division 4 of Title 8 and including future amendments, and all improvements required in the approved parcel map improvement plan of this subdivi- sion on file in the County's Building Inspection Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by Section 8495(d) of the County Ordinance Code, in a good workmanlike manner, in accordance with accepted construct on practices and in a manner equal or superior to the requirements of %heCounty Ordinance Code and rulings made thereunder; and where the is a con- flict between the improvement plan and the County Ordinanct Code, the stricter requirements shall govern. 3. Improvement Security. (3 - Faithful Performance) Upon executing this Agreement, Subdivi7er shall, in accordance with Section 8494.10(b) (3) of the County Ordinance Code, deposit as security with the County at least the above-specified amount, which is the total estimated cost of the work, in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faith- ful performance of this agreement. 4. Ind it Subdivider shall hold harmless and indemnify the indem- nitees rom e liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers, agents and employees; B - The liabilities protected against are any liability or claim for damage of any kin allegedly suffered, incurred or threatened be- cause 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 unfore- seeable at any time before the County approved the parcel map improve- ment plan or accepted the improvements as completed, and including the defense of any suit(s), action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) n connec on with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions: The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other indem- nification covering any of these matters. 5. Costs. Subdivider shall pay when due all the costs of the work, incl—THng inspections thereof and relocating existing utilities re- quired thereby. -1- r _ j b. Non erformance and Costs. If Subdivider fails to complete the work an improvements wit n the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall, pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. 7. Assignment. if before these improvements are completed this minor subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. 8. Record Maj2. In consideration hereof, County shall allow Subdi- vider to file and record said parcel map, and recognizes this subdi- vision as one complying with State laws and County ordinances, and the conditions of approval of the minor subdivision. v COUNTY OF CONTRA COSTA SUBDIVIDER: (see note below) B ,U C firman, ar o rvisors " William E. Irons & Dorot G. Irons ATTEST: W. T. PAASCH, County Clerk By & ex officio Clerk of the Board Designate official capacity in the business) By �j�� 1 Note to Subdivider: (1) Execute Deputy acknowledgment form below; and (2) If a corporation, attacFa FORM APPROVED certified copy of (a) the by-laws joss B. CLAUS nty coli or (b) the resolution of the lEard of Directors, authorizing a execution of this contract and of the bonds required hereby. State of California A ss. (Acknowledgment by Corporation, County of ( `-,�,ty J Partnership or Individual) On dEA4.4 the person(s) whose name(s) 4e/are signed af3ve foY Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. .�01,P-3-\fir. ROi`-AYM-5 1+4 NOT .. Y RUzL:C-Cl ilFO.".'Jl:1 'r 1 :4y Notary cor saCunaCONTRA COSTA ccun State FI,:, LED W. T. PAASCH GLUM 80M OF EUPf0V1. At CONTRA COST �` � m ^ ^ uT�TsmFx��oFOaNuA ^ � a` COUNTY OF / ' 2nd AUGUST On this..... ___-__'—_--__---_—_ ...day'* .........................----�-------------- ......___........ _. /9_7l...... before m= JANET M' WHEELER --___'......._'......--................... — ...................--`uNotary Public,i*and for the County and M. W. RAMSEY State aforesaid,residing therein duly commissioned and sworn, personally appeared-- .... ...............................------- --- ------------------------..........................................---................................... Orf,'CiAl,SEAL known to me to be the Attorney-in-Facr of Pacific Employers Insurance Company,the Corporation d*executed the within instrument and also known to me to be the person who executed the within NO,ANY PUBLIC-CALIFORNIA ingrurnerit on behalf rf the Corporation therein named and acknowledged to me that such Corpora- (k7_ 2 LOS A'4(,LL.S COUNTY 2 My Commission Expires Nov. 7. zy72 � ' 0��o��vx��:vxx�=�xz�m^;;�^vwz��oxmxvmm � .....---�� ' PES 124 Notary Public—and for the State—California,County----------'--~~*�c.... �� ss ~ BOND NO. M-142,908 PACIFIC EMPLOYERS INSURANCE COMPANY A M_M3`R OF r� �y E OAr'IgP eam..v^nc rnnn .ft..�—•••.�a �e ► enn �t.-e i`n CC HOME OFFICE-LO3 ANG=LES. CALIFORNIA Subdivision Improvement Bond (! Faithful Performance W. T. PAASCH CLE1W SoHo a suvERVISoes KNOW ALL MEN BY THESE PRESENTS: ggONTRA COSTA COUNTY er '`teC1c. That we, WILLIAM E. IRONS AND DOROTHY G. IRONS — as Principal, and the PACIFIC EMPLOYERS INSURANCE COMPANY,a corporation created,organized and existing under and by virtue of the laws of the State of CclHornia, and duly licensed to transact a general surety business, in the State of CALIFORNIA as Surety are held and firmly bound to COUNTY OFCDNTRA COSTA, CALIFORNIA in the sumo UR THOUSAND NINE HUNDRED THIRTY FIVE AND N01100 Sollars ($4,935.00 ), Iawful money of the United States of America,to be paid to the said for which payment, wall and truly to be made, we bind ourselves, our heirs, executors and successors,jointly and sev- erally,firmly by these presents. THE CONDITION OFF THE ABOVE OBLIGATION IS SUCH, That WHEREAS, said Principal has entered into a Subdivision Agreement with the COUNTY OF CONTRA COSTA , Pursuant to the authority of an act of the Legislature of the State of California approved April 19, 1943, known as Chapter 2 of Part 2 of Division 4 of the Business and Professions Code of the State of California, and any amendments thereto, for installation of the following . improvements: FOR CONSTRUCTION OF STREEZ IMPROVEMENTS IN SUBDIVISION KNOWN AS LIDO SHORES and other related work as set forth in subdivision agreement and is required to give this bond in connection with the execution of said agreement to guarantee the completion of said improvements. NOW, -THEREFORE, if the said Principal shall well and truly do and perform all the covenants and obligations of said Agreement on its part to be done and performed at the times and in the manner specified therein, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of the said Principal is_hereto affixed and the corporate seal and name of the said Surety is hereto affixed and attasted by its duty aatharized Attorney-in-Fact at LOS ANGELES, CALIFORNIA this 2nd day of AUGUST 19-11- EXECUTED 971EXECUTED IN DUPLICATE BY- PREMIUM: $74.00 FOR THE TERM WILLIAM A. IRONS OF TWO YEARS OR FRACTION - BY: Z.' �/ THEREOF. DOROTHY G. IR?FS PACIFIC EMPLOYERS INSUP.ANCE COMPANY M. W. RAMSEY AM,xr. -in-fact In the Board of Supervisors of Contra Costa County, State of California August 6 1971- In the Matter of Authorizing Refund of Cash Deposit for Correction of Deficiencies in Subdivision 41319 Walnut Creek Area. The Board on September 12, 1972 having accepted as com- lete, with the exception of minor deficiencies (for which a 2,236 cash bond was posted to guarantee completion), construction of improvements in Subdivision 4131 , Walnut Creek area; and The Public Works Director having this day reported that the deficiencies have now been corrected; NOW, THEREFORE, on motion of Supervisor E. A. Linscheid, seconded by Supervisor A. M. Dias, IT IS BY THE BOARD ORDERED that the Public Works Director is AUTHORIZED to refund to The Hofmann Company, Pe 0e Boa 9079 Concord, California 94522, the $2,236 cash deposit as evidenced by Deposit Permit Detail No. 100719 dated July 12, 1972. The foregoing order was passed by the following vote of the Board: APES: Supervisors J. P. Kenny, A. M. Dias, W. N. Boggess, E. A. Linscheid, J. E. Moriarty, NOES: None, ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Public Works (2) Subdivider Supervisors affixed this 6th �, of August , 1974 J. R. OLSSON, Clerk By ZI t� W17 ' Deputy Clerk Doris Baldwin H 24 5/74 -12,500 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA February 25 197.4 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4131, Walnut Creek ) Area ) Deposit: $500 ) Auditor's Permit No. 91621 ) Dated July 14, 1971 ) Refund to: ) Hoffmann Land Improvement Company ) P. 0. Box 907 ) Concord, California 94520 ) On September 12. 1972 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. The foregoing order was passed by a unanimous vote of the Board. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 2, th day of February , 197L VXXT CLERK cc: Public Works (2) J. R. OLSSON� Subdivider By jlttL6 Deputy Clerk Helen C. Marshall -• _ _ � SEP 18 1972 •• • 300 6 I� PAfiE��Cl RECORDED A REQUEST. 88,11II SEP 1JR T 1972O'CLOCK M C09M CMA MUM 34 W. T. PAASCH COUNTY RECORDER I;: THE BOARD OF SUPERVISORS FEE $ C ` or //ColllPzn"RA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion of ) Improvements and Declaring Cer- ) RESOLUTION NO. 72/606 tain Roads as County Roads, ) Q�Uea. bdivision 4131 Walnut Creek ) WHEREAS the Public Works Director has notified this Board that the construction (with the exception of minor deficiencies) has been com- pleted in Subdivision 4131, Walnut Creek area; as provided in the agree- ment heretofore executed by this Board in conjunction with the filing of the subdivision nap; and that a cash bond in the amount of $2 ,236 (Auditor's Deposit Permit No. 100719 dated July 12, 1972) has been depos- ited to insure correction of said deficiencies and the completion of cer- tain sidewalk construction (deferred to accommodate construction work in the adjacent Subdivision 4225) ; :NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been. completed for the purpose of establishing a terminal period for filing of liens in case of action under said subdi- vision agreement: Subdivision Date of Agreement Tract 4131, Walnut Creek area July 12, 1971 (Fireman 's Fund Insurance Company - Bond No. SC 6235075) BE IT FURTHER RESOLVED that the $500 cash bond surety (Auditor's Deposit Permit No. 91621 dated July 14, 1971) is RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads, having been heretofore dedicated to public use by the filing of map in the Office of the County Recorder, be and .the same are accepted and declared to be County roads of Contra Costa County: COUNTRYWOOD COURT (36/:6/0 .25)• CANDELERO DRIVE (36/56/0.004) BANCROFT ROAD Widening I as shown and dedicated for public use on the map of subdivision 4131 filed July 21, 1971 in Book 138 of Maps at Page 33, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 12th day of September, 1972 by the following vote of the Board: AYES: Supervisors A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. NOES: None. ABSENT: Supervisor J. P. Kenny. RESOLUTION NO. 72/606 • • B00i 6753- 4GE522 I HEREBY .CERTIFY that the foregoing is a true and correct copy of a resolution entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 12th day of September, 1972. W. T. PAASCH, CLERK i eIard, Deputy Clem, 5�9L �FIggO . . cc: Recorder Public Works (2) Subdivider . .1 RESOLUTION NO. 72/606 *END OF DOCUMENT` IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COTNTY, STATE OF CALIFORNIA In the Fatter of Completion of ) Improvements and Declaring Cer- ) RESOLUTION NO. 72/606 tain Roads as County Roads, ) Subdivision. 4131, Walnut Creek ) Area. ) WHEREAS the Public Works Director has notified this Board that the construction. (with the exceation of minor deficiencies) has been com- pleted in Subdivision 4131, Walnut Creek area; as provided in the agree- ment heretofore executed by this Board in conjunction with the filing of the subdivision map; and that a cash bond in the amount of $2 ,236 (Auditor's Deposit Permit No. 100719 dated July 12 , 1972) has been depos- ited to insure correction of said deficiencies and the completion of cer- tain sidewalk construction (deferred to accommodate construction work in the adjacent Subdivision 4225) ; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said subdi- vision agreement: Subdivision Date of Agreement Tract 4131, Walnut Creek area July 12, 1971 (Fireman's Fund Insurance Company - Bond No. SC 6235075) BE IT FURTHER RESOLVED that the $500 cash bond surety (Auditor's Deposit Permit No. 91621 dated July 14, 1971) is RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads, having been heretofore dedicated to public use by the filing of map in the Office of the County Recorder, be and the same are accepted and declared to be County roads of Contra Costa County: COUNTRYWOOD COURT (36/56/0 .25)• CAuDELERO DRIVE (36/56/0 .004) BANCROFT ROAD Widening as shown and dedicated for public use on the map of Subdivision 4131 filed July 21, 1971 in Book 138 of Maps at Page 33, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 12th day of September, 1972 by the following vote of the Board: AYES: Supervisors A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. NOES: Ione. ABSENT: Supervisor J. P. Kenny. RESOLUTION NO. 72/606 I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 12th day of September, 1972. W. T. PAASCH, CLERK By u1�' i e , epu er cc: Recorder Public Works (2) Subdivider RESOLUTION NO. 72/606 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 4131, Walnut Creek ) RESOLUTION N0. 71/453 Area. ) ) WHEREAS a map entitled Tract 4131 , property located in the iypint QrG&M=, having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1970-1971 tax lien has been paid in full, and the 1971-1972 tax lien, which became a lien on the first day of March, 1971, is estimated to be $13,500; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4., Title 8, of the County Ordinance Code; Surety Bonds issued by Fireman's Fund Insurance Company with Hofmann Company, a corporation, as principal, as follows: Bond No. SC 6235075 in the amount of $710000 for Faithful Performance, and $71,500 for Labor and Materials; Cash deposit (Auditor's receipt No. 91621 dated July 14, 1971) in the amount of $500; Tax Bond No. SC 6246001 in the amount of $13,500 guaranteeing payment of estimated 1971-1972 tax lien; Inspection Fee in the amount of $39575 Subdivision agreement between subdivider and the County of Contra Costa, w ere n sad sub e- ider agrees to complete road and street improvements, etc., in said subdivision within 1 year from the date of said agreement; (July 12, T972) RESOLUTION NO- ?1/453 Form #23; 70-4-500 NOW, THEREFORE, HE IT RESOLVED that said bonds and deposits and the amounts thereof be and the same are hereby APPR70M. BE IT F17RT141t RESOLVTED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTNFR RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public ar'Y of the streets, roads, avenues or easements shown thereon as dedicated to the public. PASSED AND ADOPTED this20th day of . JulZ by the following vote of the Beard: AYES: Supervisors A. M. Dias, J. E. Noriarty, W. N. Boggess, E. A. Linscheid, J. P. Kenny. NOES: None. ABSENT: None. CER Tli,TED COPY I certify that this is a full, true & correct copy of the Original docu neat w:ilcii is oz file in my office, and that it ora,- Paz sed & adu;tel ily the Eoard of Supend:o:� o: �'caL-.i Cc:is C';Lcuty, California, on eie Catc ehaw.i. l.T�' ;5 W. T. i'AASCH, county :ter:c &c-X-;,ftie.io cleric of sail L'oard of Supervisors, bydeputyclerk. on 7� cc: Public Works (2) Planning Subdivider - The Hofmann Company 989 Detroit Avenue South Concord, California 94522 RESOLUTION NO. 71A53 Form #23; 74-4-544 SUBDIVISION AGREEMENT (§1) Subdivision: Tract 4131 (B. & P. Code §§116ZZ-Z2) (§1) Subdivider: The Hofmann Company 1 Effective Date : July 12. 1971 (Contra Costa County (§1) Completion Period: 1 ear Standard Form; 8-67) (§4) Deposits : A. (cash 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ 71, 000. 00 2. (labor,materials) 71, 500. 00 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs , fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments , and all improvements reo_uired in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (I - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified _ or cashier' s check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors , and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warranty. Subdivider warrants that said improvement pian is ade- quate to accomplish this :-cork as promised in Section 2 • and if, at any time before the County' s resolution of come-lotion for the subdivision, the improvement plan proves to be inadequate in any respect , Subdivi- der shall make changes necessary: tc accom lish the work as promised. -1- 6. No Waiver by County. Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials , or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- inK any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards , commissions , officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 8. Costs. Subdivider shall pay when due all the costs of the work, inclTudIn—g inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map_ and to the satisfaction of the County Road Commissioner-Surveyor. 10. Nonperformance and Costs. If Subdivider fails to complete the wort: and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall nay the costs and charges there- for immediately upon denand. If County sues to compel performance of this agreement or recover the cost of completing the improvements , Subdivider shall pay all reasonable attorneys` fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. It. Assignment. I£ before County accepts these improvements , the subdivision is annexed to a city, the County may assi.rn to that city the County ' s rights under this a;regiment and/or any drInns it or bond securinc then. 12. Record r.'a^ In consideration hereof. "vunt z"-all allot Cubdivider to file and record said subdivision map , and recognizes th=.:, subci"7x✓ Qn as one comely-nr: ;%,ith State laws and County o_-•dinances . ' 0LFZ% XT. V. T. MiA H CLERK BOARD OF SUPERVISORS �CO . R .._ NTY Cy Ocp�T; COUNTY OF QNTRA COSTA SUBDIVIDER: (see note below) By �, The Hofmann Company Ch an, Board of Supervisors ey ATTESTS W. T. PAASCM Count Clerk (Designate offsi ial C�p it in the ' y g A1fliert "i-. �aw A ex officio Clerk of the Board business) ,Q Vice President By, �. &&e-Z ��L1dQ�t�J�� Note to Subdivider: (1) Execute -- Deputy acknowledgment form below; and (2) If a corporation, attach a certified copy of (a) the bylaws FOAM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board County Counsel 011of Directors, authorizing execution of this contract and of the bonds required 8y hereby. Deputy State of California ) as. (Acknowledgment by Corporation, County of Partnership or Individual) On the person(s) whose names) is/are signed above for Subdiviaer and who i known to me to be the individual and officer or partner as stated above whn signed this instrument and acknowledged to me that he executed it aeW that th OFFI i �{� 10 mad above executed it. I JOHANNA C. Hr�RFER NpTARY PUBLIC- CAIIWEENIA f Q PRINCif:.2.O"IcE It! -_� CONTRA COSTA COU!rffC7U k1y Commission E*ms Juni 239 1973 Notary public for said County and State (Subdiv. Agrmt• CCC Std. Form) (4a.9; Rev. 9-69; 200) -3- b CIO STATE OF "=CAC, �SS COUNTYOF ON.......................... - ------UP....................... .......... 1911.,before me,the undersigned,a Nota blic i and for said County and State,personally appeared ...5 ........ ..........................known to me to be the OFFICJAL SEAL :C .................. LEONARD a. JOUETT so of the Corporation that executed the 4hin instru- NGTVY PUBLIC CALIFORNIA ALAMEDA COUNTY ment and the officers who executed the within instrument on behalf of the Corpora- OY C00-113liao Elpires Fob.17,1924 tion therein named,and acknowledged to me that such Corporation executed the within instrument pursuant to its By-la Resolution of its Board of Directors. Notary's Signature.._...... .......................... C04VOUTION ACKNOWLEDIWAW Form No.14 Type or Print Notary's Name..............................................•.. • t r I:FiP1'li1CAiF Oi'!.�'G.a' 1:�='.. ..i �:.U:iY•Y .::' •.�._... .�•��.. THI I� tw �q• n�ttTu;1 In ruGl t�ratMr y C.,:i�uTi.y thr t- 1 or ut, �O dated --11.-ftf— f Z/ _ __ from 7k'ptYSf TlTE .%/1�1`. Me Grantors named tberelis, to County a1 Cuntra Costa. is ;:viltl ! :t::::.;,�./�p�yif Y. G 09 California. Is hereby accepted by order of the Loard of :i4pervlr i,.! a:. ._lrrf!Il._( J� ri tin OCantm Consents to recordation thereof by Its duly auLiorized offkc:. DatN. cr.LFtIC ... � T.Pe�CFii-fid T i "END Of DOCUMEW When Re,-orded_ Return to: 800-28 SEP 24 {971 E.,,::U � '%�`I Contra Costa County Public Works Department Aft UE Co. Rd. No. 906 GRANT DEED CONS I DE RATI 13H As=�ssors t•.�. PM-V ALUABLE"CONSIDERATION TRANSAMERICA TITLE INSURANCE CO., , hereb4 61stsT H AM 10 to the/County of Contra Costa, a political subdivision of the State of California, Grantee, and its governmental successor or successors, the future "development rights", as defined herein below, in that real property known as Countrywood Common Properties, situated in the County of Contra Costa, State of California, and more particularly described as follows: PARCEL A, Tract 4131, filed in the office of the recorder of the County of Contra Costa, State of California, on the Z/ day of ,T u c !Y , 1971, in Book 1 3 8 of Maps, at Page 3 3 "Development rights" are defined to mean and refer to the right to approve or disapprove of any proposed construction, development or improvement other than one or more recreation buildings, one or more swimming pools, patios, walkways, picnic areas, play areas, boat and trailer storage areas, drive and parking areas, reasonable and necessary lighting standards, courtyard areas, such other facilities as may be deemed desirable exclusively for the recreation and leisure of the residents of Countrywood, and any and all planning, design and landscaping r incident thereto. The "development rights" are and shall be a form of negative easement over all of said property, which shall run with the said property and shall bind the current owner and any future owner or owners of all or any portion of said property. In the event of a disapproval of proposed construction by the Grantee or its successor, said proposed construction shall not be performed. Grantee or its successor may condition its approval of any proposed construction upon the prior or subsequent performance of such conditions as Grantee may deem appropriate. Any owner or owners of all or any portion of said property desiring to de- velop any improvement requiring the approval of Grantee or its successor herein shall submit to such entity a written proposal describing the nature, extent and location of such improvement. Grantee or its successor shall have thirty (30) days from receipt of such proposal in which to grant its approval or disapproval. Failure by Grantee or its successor to respond within said time period shall be equivalent to the approval of such proposal. 4A DATED: Retvrded at request of at i�� trin. past1m• SEP 241971 By Contra Costa County Aecords Gr ntor W. T. Paasch, Recorder FEE: PUBLIC'WORKS'DEPARTMENT VICTOR W. SAUCONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ, CALIFORNIA 94553 R. D. BROATCH TELEPHONE 229•3000 DEPUTY PUBLIC WORKS DIRECTOR July 20, 1971 tt L r 1� 7 1 W. T. PAAWN CLtftk RaARb 6R%&10141%bit§ --T N F t eb Our File: HP - Subdivision 4131 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 4131 in Supervisorial District IV in the Walnut Creek area. Accompanying this map and pertaining thereto are the following docu- ments: 1. Subdivision Agreement. Expiration date of one-year time limit for completion is July 12, 1972. 2. Performance Bond, in the amount of $71,000. This Bond, together with a $500 cash deposit (Auditor's Receipt No. 91621, dated July 14, 1971) is to guarantee completion of road and street improvements as required by the County Ordinance Code. 3. Labor and Materials Bond, in the amount of $71,500.00. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1971-72 tax, which became a lien on the first Monday of March, 1971 is estimated to be $13,500. 5. Tax Bond, in the amount of $13,500, guaranteeing payment of estimated tax. The map is submitted for filing by Transamerica Title Insurance Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAUER Publi V ks Director By aul E. Kilken y cf�_ Assistant Public Works Director PEK:fa Highway Planning z STATE OF CALIFORNIA, t ss. COUNTY OF amoAn ON .7111Z 12 before me, the undersigned, a Notary Public in and for said State, 'I arpes,d ALBERT T. SHAW 1 ,known to me to be the VICE PRESIDENT j of the HOFMANN COMPANY �,R:;..•�vti�.titiSvl.� the Corporation that executed the within Instrument, known to me to be the person who LA c:tAL SENT- executed the within Instrument,on behalf of the Corporation,therein named,and acknowledged IE V. DELSOL to me that such Corporation executed the same. U' LIC-GA04URNIA YrEDA C(7UNT1!Exp+res Nov.26,1e73 WITNESS my hand and officio MARIE V. DELSOL NAME(TYPED OR PRINTED) Notary Public in and for said State. ACKNOWLEDGMENT—Corporation—wolcotts Form 222—Rev.3-64 u a xoTAoLY PuBuc in and for said County and State,Personally aPM 4SYiYL'LV1M1✓• 7AMFS W JENKINS OrN1CT LSF. t, known to me to be the person whose nacre is subscribed to the within instrument as the ^* MARIE V. DELSOL Attorney-in-fact of the FIREMAN'S FUND INSURANCE COMPANY,and acknowl- -m NOTARY PUELIC t:k-lrV;NIA ttorney- s,r' ALA,'JE6A CCU. !T7 edged to me that he subscribed the name of the FIREMAN'S FUND INSURANCE COM - YI Commission Ex;ires Nov.26,1973 PANY thereto as principal,and his own name as Attorney-in-f=L IN VITNESS WIjEREOF,I have hereunto set my hand and a$ud my officiial seal,at my office, in aid County and Sate, the day and year in this certificate first above w&tm. i T Notary Public in and for sold County and Stats My commission expires NOVEMBER 26, 1973 360207 — 5-66 LABOR AND MATERIAL BOND Bond NoX- SC 62 35 - PUBLIC WORK—CALIFORNIA The premium for this bond is included in the premium for the bond guaranteeing performance of the contract covered thereunder. FIREMAN IS FIREMAN'S FUND INSURANCE COMPANY THE AMERICAN INSURANCE COMPANY FUND NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION AMERICAN AMERICAN AUTOMOBILE INSURANCE COMPANY INSURANCE COMPANIES NOME OFFICE SAN FRANCISCO,CALIFORNIA KNOW ALL MEN BY THESE PRESENTS: That we, HOFMAWN COMPANY as Principal, and FIREMAN'S FUND INSURANCE COMPANY , incorporated under the laws of the State of CALIFORNIPond authorized to execute bonds and undertakings as sole surety, as Surety, are held and firmly bound unto any and all materialmen, persons, companies or corporations furnishing materials, provisions, provender or other supplies used in, upon, for or about the performance of the work contracted to be executed or performed under the contract hereinafter mentioned,and all persons,companies or corporations renting or hiring teams, or implements or machinery, for or contributing to said work to be done, and all persons who performed work or labor upon the same, and all persons who supply both work and materials, and whose claim has not been paid by the contractor, company or corporation, in the just and full sum of SEVENTY ONE THOUSAND FIVE HUNDRED AND no/100----------------------------------- -------- Dollars. ($ 71,500.00.-, ). for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs,administratces'suemsors and assigns, jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that; whereas the above bounden Principal has entered into a contract, dated July .12 19 71- with the COUNTY OF CONTRA COSTA to do and perform the following work, to-wit: SUBDIVISION IMPROVEMENTS, SUBDIVISION 04131, COUNTRYWOOD TRACT Now, Therefore, if the above bounden Principal, contractor, person, company or corporation, or his or its sub-contractor, fails to pay for any materials, provisions, provender, or other supplies, or teams used in, upon, for or about the performance of the work con- . tracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevail- ing party in said suit, said attorney's fee to be taxed as costs in said suit and to be included in the judgment therein rendered. This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Government Code, Sections 42004208, inclusive, and all amendments thereto. Signed and Sealed this 12th day of JULY •1971 ' HOFMANN COMPANY r Bye Albert T. Shhw Principal Vlce-President FIREMAN'S FUND INSURANCE COMPANY Surety Y t aures W. Jenkins Attorney-in-Fact 360099-9-65ssoo�� -as �. _. STATE OF CALIFORNIA, ) COUNTY OF 3mmar7n (� ON -TrTT.'y 17 I9�� before me, the undersigned, a Notary Public in and for said State, personally appeared ALBERT T. SHAW known to me to be the VICE PRESIDENT of the HOFMANN COMPANY %NV6%VJ-6JWV'6%W v� �.`t.�.ti�•� the Corporation that executed the within Instrument, known to me to be the person who OFF11"A1. SKAl. % executed the within Instrument,on behalf of the Corporation,therein named,and acknowledged MARic V. DEtSOt to me that such Corporation executed the same. ROTARY PUcLIC.(,..LI:(;ANIA s t ALAi.1EDA COUNTY Ml Cert:issi:a Fxpjres Nor.26.is73 ti,�„� WITNESS my hand and officia S�— MAPJE V. DELSOL Y NAME(TYPED OR PRINTED) Notary Public in and for said State. ACKNOWLEDGMENT—Corporation—Wolcotts Form 222—Rev.3-64 C t� Co'. %� O .tr 4 0,6 l-f N 6Q ��ov'^✓�G�l� � 9 O, S #�X °ate ° Oe 46 �v,��,�!,,{O�ren Ow `• �,y� t -..•�""' ��"'•.,. mod',;•.. J ''�'iv��O,r��O tf � ''� '•`, ��; a i` STATE OF CALIFORNIA, f I SS. COUNTY OF aiavreda + ONULY 12 19 ii before me, the undersigned. a Notary Public in and for said State, permily app ffj known to me to be the 1.�S • ;a • _ _ IL. — &I-D b'.1 MA IE V. D-LSOL ;: of th -mr ;.'3''-- IANT•, NOTARY FWAIC - % the Corporation that executed the within Instrument, known to me to be the person who `•'� ``` AL AMEU, cu��TY ��• executed the within Instrument,on behalf of the Corporation,therein named,and acknowledged tw:2is�sitnr.S' s Hay.2 Is 3zs to me that such Corporation executed the same. WITNESS my hand and Ado I i,"%P.1L V. DELSOL NAME(TYPED OR PRINTED) Notary Public in and for said State. ACKNOWLEDGMENT—Coromtion—wolcotts Fo m?t2—Rev.3-U C� STATE of CALIFORNIA COUNTY OF ALAMRDA on this I2 th day of JULY in the year 29-1. before me, _ _ �LARIE V. DELSOL a NoTARY Pvauc in and for said County and Sate,pawmally sppeated 'wRMVY1tLr4'titS.YbS�.ti.SdLS.�.".�.M3r JAMES W. JENKINS OFFICt NI. 14'At. iusown to me to be the person whose name is subscribed to the within instmroent as the u, MARIE V. DEELSOL Attorney-in-fact of the FIREMAN'S FUND INSURANCE COMPANY,sod ackaowl- r* NOtARt' U. COUNTY l.: 0&NtA AtAf�1cDAedged to me that he subscribed the name of the FIREMAN'S FUND INSURANCE COM- Yr Csmmissiaa Wtrts XQV.26.1173 PAM thereto as principal,and his own mme as Attorney-in-fart. V WL'.'�Nti,ILtiVti1.tiY� IN VGT rNESS VHEREOF,I have hereunto set my hand and wised my official sal,at ray office, in said County and Sate„ the day and year in this certificate fiat above wrictsa Notary Pablit is and for Wd County and Stats . My commission espim NOVEMBER 26,e 19 73 360207 - 5-66 y r Bond No . SC 6.235075 FIREMAN'S FIREMAN'S FUND INSURANCE COMPANY TME AMERICAN INSURANCE COMPANY 61FUNNATIONAL SURETY CORPORATION D ASSOCIATED INDEMNITY CORPORATION AMERICAN AMERICAN AUTOMOOILE INSURANCE COMPANY INSURANCE COMPANIES NOME OFFICE SAN FRANCISCO.CALIFORNIA ► SUBDIVISION BOND / KNOW ALL MEN BY THESE PRESENTS: That HOFMANN COMPANY , as Principal and the undersigned surety, a corporation, licensed to transact a surety business in the State of California, as Surety, are held and firmly bound unto the COUNTY OF CONTRA COSTA , State of California, in the penal sum of SyyNTv nNF TROUSANn,ANn no-/100----------=-- ($71,000.00 ) DOLLARS, for the pay - ment of which sum well and truly to be made, we bind ourselves, our heirs, executors, succ- essors and assigns, jointly and severally by these presents. I THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That whereas said Prinicpal, the r owner of a tract of land representing a subdivision entitled rpr7mTRvwnnn gT DIVISION, TRACT #4131, CONTRA COSTA COUNTY, CALIFORNIA intends to file a map thereof with the County Recorder of the COSTA and WHEREAS, the said map of COUNTRYWOOD SUBDIVISION. TRACT *4131 shows said property described as follows: COUNTRYWOOD SUBDIVISION, TRACT #4131, CONTRA COSTA COUNTY, CALIFORNIA • on which said Principal desires to construct improvements and petition the COUNTY nF CONTRA COSTA to accept the improvements and t0 approve said map of rnrTNTRywnnn S17RnTVTSTnN� TRAr►P AAI 11 of said subdivision before said map may be accepted, and WHEREAS, it is required by the subdivision Map Act of the State of Califomia, in effect August 27, 1937, that said rnrimmy nR rn>vmos-rncros require a bond conditioned for the improvements of rnrnvTRvwnnn siinnTyTs_TnN r T12aCZ4131 of said subdivision before said map may be accepted, and - WHEREAS, said Principal proposes at its own cost and expense to improve said riNTRYwnnn SnTVT-qTnN TRACT 4111„ within the limits of said subdivision before .71-114- 12 19, 71 in accord once with the following: - 360026-4-65 NOW, THEREFORE, if the said HOFMANN COMPANY owner of said rnrnvTuvwnnn S r7RnTyr MN, TR CT 4131 and as Principal named in this bond, shall well and truly cause said improvements within the limits of said subdivision to be improved as hereinbefore specified, then this obligation shall cease and be void, otherwise, it shall remain in full force and effect, and the'Surety on this bond binds itself to said COUNTY OF CONTRA COSTA , to the amount of the hereinabove stated penal sum, that said property shall-be-improved in accord- once with--the hereinabove stated provisions. 'IN WITNESS WHEREOF, said Principal has hereunto set its hands and seals, and said Surety has caused these,presents.to be executed by its officers thereunto authorized this 12th day.of __ _ .:. v 19.-71 .JIJh A(1FMANN .(-(IMP ANY-- gy- , 4 • -.Albert a. Shb incipol ,F�i?RM C E1n�T.n?t`tijBAN�.�[]I�IPANY Surety By James J nki ttomey-. ct 364026-4-65 "Ai _._.._._.. ..--...._....,.�.._...,_._....--,._.ate...._. .,-.,. ..._.. - 3. 1 Ed`14RD W. LEAs. - ALF13ED P.LOMELI COUNTY TREASURER-TAX COLLECTOR Assistant - County Treasurer-Tax Collector PHONE 128-3000 EXT. 7105 TAX COLLECTOR'$ OFFICE f1.sT our T^NO•af•eLET Ee CONTRA COSTA COUNTY "ST 7NSTAL409-T Of Tale ON TNC f1aST Oar Of NOy[ye(e OLLINOutNT MARTINEZ, CALIFORNIA oN T-F TLNTN 04T Of occ(rm[. S[CONL)1NSTALLUENT Of Taa[i OVf •NO PaTafL[ L [[co%0 1NST4LwfNT Of Tat[f July 17] 7�1971 OLL1N ur ON iM[ FIT OAT OF FEUaT 971.i ON TML TLNTM CAV SM110/1P1Y11. IF THIS TRACT IS NOT FILED BY OCTOBER 31, 19 7; THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 41,31 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included In the map. The current 1970-71 tax lien has been paid in full.. Our estimate of the MW tax lien which became a lien on the first day of March., is $05 EDWARD W. LEAL Redemption Offi r By VDeputly dl �a STATE OF CALIFORNIA, ss. COUNTY OF al a^:.e as ON t before me, the u d, Notary Public in and for said State, prrsorr--I� e e _ moi:AW , known to me to be the of the y ww�,tiL''r`v:•� v' -1the Corporation that executed'fhe wif in 1 strumehf, nown to me to be the person who i OMC!�A. sl:- r.. executed the within Instrument,on behalf of the Corporation, therein named,and acknowledged { -0 I. MARIE V. D LSOL ti to me that such Corporation executed the same. HOtr. 1 RYr u, L'U.IUxNrA r I ' ALAEDA COUNTY "' My Cownissi:a EXprts Nor.26.1973 _ S'L'Y.1s'LSY WITNESS my hand and official , r` II v7.JZTT. NA , , �- ME r PE OH NT Notary Public in and for said State. i ACKNOWLEOGMENT—Corporation—Woltotts Form 222—Rev.354 5 E STATE OF CALIFORNIA RL COUNTY OF ALA4EDA On this 12th day of, JULY in the yew 19-2. before me, MARIE V. DELSOL a NOTARY PUDUC in and for said County and State,personally appean+d_ .y�tiZtitiZ.tea �ti Y� JAMES W. JENKINS pFFic:. L �_':.'.'- ti known to me to be the person whose name is subscribed to the within instrument as the MARI: V. DELSOL Attorney-in-fact of the FIREMAN'S FUND INSURANCE COMPANY,and acknowl- X : axN1A edged to me that he subscribed the none of the FIREMAN'S FUND INSURANCE COM- A!A�11cDA COUNTY PANY thereto as principal,and his own name as Attorney-in-fact. My Commiszica Expires t;aY.2b,1873 IN WITNESS WHEREOF,I have hereunto set my hand and aHized my official seal,at m office, in said County and State, the day and year in this certificate first above written. Notary Public is and for said County and State My commission expires NOVEMBER 26, 1973 360207 — 5-66 BOND NO. SC 6246001 ra a.✓`". .a.Lu i...JN ..j1' 11a!:.si. 1' t1',J:.ILT5: j 73 '--t %vc, THE HOFMANN COMPANY ...._—FIREMAN'_. FUND -INSURANCE a corr ura::oz ?:;ic '.r tae .i thio c: California_ _ As St:'_'':t.y. _ �:•`iC aTi. ::rl:)1V boundL':tL�3 4 f; S=rs£ o Ca ic.r.-.-A in 6--.e s:lna 01 Thirteen thousand and five hundred and 00/1QQ� ` 13,500.00 i- �_,«.f: i --y of the ;r.itc� Steres ��`/iia cr-t a, ror O)a +tet a'.Sc'Y9' Cf 3 SLIM .:,_ll -Icl D-2 ...a. i. C 3 r.: .�eAilllk eAld cS.",h of LLS bmi d 0 .:c:iv'E o r l,e:itip '`:::t tO:ci� ij�'t11%i<iStPi .'QeSq =.1`0 C :9.::i:. a'1.$Fxip:: it. G!`1C1::1iJ•p r)�Y=)L?' �`� �+e5� p:'es(:�=,:51a iYud�i�.�+l :g15tic ?:[ iiea lz and dill-ed i^ir. 12th Ci' July C_�` C'lam 3 )ll'0 - .aC2 tf1t theau,3 I4 c�.�y. f.rEe:c F aI is :abc-•'a�.tt to file a^. Mai. ;t:��i � Tract 4131, Countrywood vAhich shall be .. :-,L:b}iv,is an. of :a tract of lard I's COUNTY OF CO1VY _COSTA t an6 there are certain lie€ a for t_axas or..d :.Sr".e-sttri-me€ is cn-'I ?cza-1 gas �'_:}:��. agyai^..,� 'Ibe '.rc ct o, land covered by said* Y '•�,a -ha yaarce4 and assescrnents colla cred as taxes nre not as yet due tf7 §`Yew, thereforz-, If 9-12S Eaid princIpa-I ! all pay all of the taxes and antsc W collencd Te Uixes whica are a lien against rlazd tract of land (.-OVL'prr-d ciiap at Che ti c: co' the f it ir:p, o: said rnap,, tileri this obligation shall be . .. . L� ox no affect., O �:f�rt�iae i� shall rc::)air. in full fore;; and effect. x DIY H.r� 5 U R E s`r: THE HOFMANN CO N FUND MaITRaMCM, a a enkins, ey-in–fact �A, 1w OF CALIFORNIA � ALAMEDA being :h;; Surety na€ned in the fore;oincr bond, being duly swcrn, says: That Is a frecholcle_r and resident within said. State and is worth more than :,aid aura oz Dollars.- over and above all debts ar:-1 Liabilities, ext;Iusive of property e:ompt from execution. Subscribed and sworn to before me this day of 19 A 14otary PtO.lic for said County and State 2,Box 398 Walnut Creek.California 94597 A Servite of 1320 North Main Street (.1,15)935-8050 Transamerica Corporation Tr�ssimer�caT" Insurcrws co lir. W. T. Faasci_ Contra Costa Go-u my Recorder Hail of R.Ccord s 1iartinez, California Re: Our Order No. 336587 Tract 4131 Contra Costa County, California Dear Sir: For your sole benefit, and in compliance with the various provisions of the "Business and ProfeEsions Code of the State of Californiatf, this Company, after an examination of the PliUlll: Yai;Vlila iia vvuaxca CJaan vvusa%"y', vaaw va vaaaava?-aaaa, uv..o hereby certify that as shown by the public records, the only part whose signature are necessary to the consent of the filing of the Map entitled, "Tract 4131 ", Contra Costa County, California, as follows: TraRsericanaSecuritiesu�ompanyompany Dated: Yours truly, TRA NSA MERICA TITLE INSURANCE CO. By: �/ IN THE BOARD OF SUPERVISORS OF , CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of -Subd1v4*1on Map of ) RESOLUTION NO. 72/24 Tract 4155, Danville Area. ) ) WHEREAS a map entitled Subdivision 4155, property located in the Danville area, having been presented to this Board for approval, said map having been certified by the proper officials, and being ( accompanied by: Letter from the Redemption Officer stating that there are no unpaid county taxes heretofore levied on the property included in the map, and that the current 1971-1972 tax lien has been paid i in full; and 1 Letter from the. Public Works Director stating that said map is submitted for filing under the provisions of the County Ordinance Code; and WHEREAS the Public Works Director having reported that the improvements along the Tunbridge Road and Old Creek Road frontages of Subdivision 4155 have been constructed as part of Subdivision 3508, and that the developer has given written assurance to the Public ;forks Department that upon completion of the utility work in Tunbridge Road he will have an appropriate asphalt concrete overlay placed over the damaged section of Tunbridge Road; NOW, THEREFORE, BE IT BY THIS BOARD RESOLVED that said map is hereby APPROVED and this Board does not accept on behalf of the j public any of the streets, roads, avenues or easements shown thereon as dedicated to public use. PASSED AND ADOPTED this 18th day of January, 1972 by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, E. A. Linscheid. i NOES: None. ABSENT: Supervisor W. N. Boggess. CLF.TIFIED COPY cc: Public Works (2) [ certify that Mis is a full, true & correct enpy of Planning the oribinal dbeument which is on file in my office, Subdivider — and tthat it was messed ,S adopted be the Board of Digiorgio Develop. Corp. Superviso`s of Contra C�sta CTunty, California. on P. 0. BOX 67 re date shown. %TTLS'.. lZ�. .. PrLaSCcZ, county Danville, Ca. 94526 •"•'•crk w ex-officio clerk of said Board of Supervi:ars, by deputy cler::. on RESOLUTION NO. 72/24 PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY DEPUTY PUBLIC WORKS.^.IRECTORS PUBLIC WORKS DIRECTOR 6TH FLOOR. ADMINISTRATION BUILDING R. D. BROATCH F. R.BROWN CHIEF DEPUTY PUBLIC WORKS DIRECTOR MARTINEZ. CALIFORNIA 94553 VERNON L. CLINE TELEPHONE 220-3000 R. M. RYGH (RM. 113 COURT HOUSE) January 18, 1972 RECEIVED AN 1 (0) 1972 HP - Subdivision 4155 W. T. PAASCH CLERK BOARD OFSU�PERVISORS Deputy Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 4155 in Supervisorial District V in the Danville area. Accompanying this map and pertaining thereto is a letter from the Tax Collector's Office stating that there are no unpaid County taxes on the property. The map is submitted for filing by Title Insurance & Trust Company under the provisions of the County Ordinance Code. All of the re- quired deposits and fees have been paid. It is requested that the Board of Supervisors approve the map of Subdivision 4155. Very truly yours, VICTOR W. SAUER Public Works Director ?EKi'lkenny auI Assistant Public Works Director Highway Planning BJK:fa cc: Title Insurance & Trust Co. Planning Department Construction Division ALFRED P.LOMELI EDWARD W. LEAL COUNTY TREASURER-TAX COLLECTOR Assistant County Tsiasus.:-Tax Collector PKONE 228-3000 EXT. 1785 TAX COUACTOR`s OFFICE riST INSTALL-ENT TA■C! faMtNSTACLYt«T Of TAxtM DUEANDPAASLECO TIU1VSTA VV TY brLI«ou[nt ON Twt r1*ST DAY Or NOYtY![R MARTINEZ. CALIFORNIA Oft T«c Tr«T« DAY or bcctYMt• SC�nNU INSTALCMtnT 4f TAt[! StcD«D INSTACLNTnT Dr Tilts DUE AND►AOF P9 ry 7, 1972 Otte"DAY ON tNt f1PST DAY 4f rtilUARY 7 -!7 ON tMt TENT"bar Of Ary*fL IF THIS TRACT IS 140T FILED BY FEBRUARY 289 1972s THIS LETTER IS VOID This xul certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 1155 and have determined from the official tax records that there are no unpaid C=ty takes heretofore levied on the property included in the map. The current 1971-72 tax lien has been paid in EMARD W. LEAL Redemption Offioer f r �G Li ., __— dl IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA January 27 1975 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4165, Walnut Creek Area) Deposit: $500 ) Auditor's Permit No. 93669 ) Dated October 5, 1971 ) Refund to: ) Irwin Deutscher ) 2350 Contra Costa Highway ) Pleasant Hill, California 94523 ) On June 5. 1973 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. The foregoing order was passed by a unanimous vote of the Board. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 27th day of January , 1975 ZQUMMWXX, CLERK cc: Public Works (2) J . R. OLSSON, Subdivider ? By ?�� Deputy Clerk Nancy S. OrtegA + RECORDED AT REQUEST OF JUN 12 l973 CONTRA? CC�TA COUM __.____.... �� JUIN--I'�--l973----------- WHEN RECORDE�J REI URN TO �c�p ATjl.6 o'cLocK 4 M. C p F Bolird Q� �Gv Cam =4 coumn itfca"s (irk W. T. PAASCH S�,uut:SoRs COUNTY RECORDER IN THE BOARD OF SUPERVISORS FEE = OF w / OF 1LC' NCONTRA COSTA COUNTY, STATE OF CALIFORNIA Q1 . In the Matter of Completion ) of improvements and declaring ) b certain roadja as County ) RESOLUTION NO. 73/406 r: roads, Subdivision 4165, ) Walnut Creek Area. WHEREAS the Public Works Director having notified this Board that construction of - improvements have been completed in' Subdivision 4165,' Walnut Creek area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 4165, Walnut Creek area October 12, 1971 (General Insurance Company of America - Bond No. 885587) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 91669 dated October 5, 1971 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be _ County road_4 of Contra Costa County: OVERLOOK DRIVE (28/51/0.083) HERITAGE COURT (32/52/0.080) as shown and dedicated for public use on the map of Subdivision 4165 filed October 20, 197' in Book IL! of '_•raps at'. Pwge 12, 01'4L'?cial Reco-ds of Cort)="a Costa ,ou`ty, S mate of California. . PASSED AND ADOPTED this 5th day of June , 197-, by the following vote of the Board: AYES: Supervisors J. P. Kenny, J. E. Ploriarty, SP41 We N. Boggess, E. A. Linscheid, A. Me Dias. 'QFF/,� EO NOES: None. CERTIFIED COPY ABSENT: None. I certify that this is a full, true & correct copy of the original document which is on.file in my office, and that it was ra:.zed & eulopted by the Board of Super irora-of Contra Co to Count„ California, on i:te date shown. ATTEST: W. T. PAASCH, county c.ier:. &ex-officio clerk of said Board of Supen-isors, RESOLUTION NO. ?3/406 by deputy clerk. cc: Recorder Public Works Director o0 Subdivider ENO OF DOCUMENT IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain road, as — County ) RESOLUTION NO. 73/406 road!, Subdivision 4165, ) Walcot Ciwk Area. ) ) WHEREAS the Public Works Director having notified this Board that Construction of improvements have been completed in Subdivision 41651 Wal=t Crest area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 4165. Walnut Crook area October 12, 1971 (Oeeeeal lawraaoe Company of Anoriea - Dead toe 885547) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 93W— dated Oototioe 5, 1971 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described road A i� having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be _ County road! of Contra Costa County: OVIFMOoa Deus (28/5%/0.083) RRMM OMRT (32/52/0.080) ae sham and aeaieated for ptblie use oo the mp of sebildeioa 4165 !tied Oetobee 209 1971 is nook U1 of Maps at rage 12, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 5th day of Joan , 197 3, by the following vote of the Board: i AYES: �olrimore J. !e s. gest We to Ds66eon& se A. I.�aeoWdp Ae X%04189 NOES: t00•e CEMTIFIED COPY ABSENT: Nouse I certify that this is a full, true do correct copy of the original document which is on file in my office, and that it was passed & adopted by the Board of supervisors of Contra costa county, California, on the date shown. ATTEST: N. T. PAASCH, county clerk&ex-officio clerk of said Board of SupervisoM RESOLUTION NO. 73/406 by deputy clerk. 0o t Recorder �,�14�G Public Works Kn otor sr►bdiriar IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 4165, Walnut Creek ) RESOLUTION NO. 71/683 Area. ) WalntREAS a map entitled Tract 4165 , property located in the crApir grAn , having been presented to this Board for approval, said map aving been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied. on the property included in the map, and that the current 1970-1971 tax lien has been paid in full, and the 1971-1972 tax lien, which became a lien on the first day of March, 1971, is estimated to be $1,200; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the com pletion of road and street improvements as required by Divi- sion 4, Title 6, of the County Ordinance Code; Surety Bonds issued by General Insurance Company of America with Irvin Deutscher as principal, as follows; Bond No. 885587 in the amount of $28,000 for Faithful Perform- ance, and $28,500 for Labor and Materials; . Cash deposit (Auditor's receipt No. 93669 dated October 5, 1971) in the amount of $500; Tax Bond No. 884396 in the amount of $1,200 guaranteeing pay- ment -of estimated 1971-1972 tax lien; Inspection Fee in the amount of $1,425; Subdivision agreement between Irvin Deutscher subdivider and the County of Contra Costa, wherein sad su e- ider agrees to complete road and street improvements, etc:, in said subdivision within 1 year from the date of said agreement; (Oct5M5r 12,'7972) RESOLUTION NO. 71/683 Form #23; 70-4-500 NOW, THEREFORE, BE IT RESOLVED that said bonds and deposits and the amount thereof be and the same are hereby APPROVED. BE IT MIRTH-mM RESOL`rFD that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreemen BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or refect on behalf of the public any of the streets, roads, avenues or easements shown thereon as' dedicated to the public. PASSED AND ADOPTED this 19th day of October by the following vote of the Boa : AYES: Supervisors A. M. Dias, J. E. Moriarty, W. N. Boggess, T. A. Linscheid, J. P. Kenny. NOES: None. ABSENT: None. cc: Public Works (2) Planning . Subdivider Irvin Deutscher 2350 Contra. Costa Highway Pleasant Hill, California 94523 RESOLUTION N0. 71/683 CERTIr- COPY Form #23; 70-4-500Z certify that this i, a full, t-t:e & correct copy of the orizinai cioeu;nent w"i:•_, i. oz fi'_c in t::y office and tiu:t it r:s , • Supc2vi i:3 0: Ccnt _ ! ;.y _:oara of the date iiovr: a y _._:r L...'pr_.i , o:: clerk&c:of:ii r+• t 1 :-1, co::nty b de °c:crl: Ycf ca:1 20arl o::Su��ervisors, . , putt' clerk. / �C7 � oaf/ ;y 1 GENERAL INSURANCE COMPANY OF AMERICA HOME OFFICE: 4347 BROOKLYN AVE. N.E.,'SEATTLE, WASHINGTON 98105 POWER OF ATTORNEY 3691 KNOW ALL MEN BY THESE PRESENTS: That General Insurance Company of America,a Washington corporation,does hereby appoint --------------------------------KENNETH E. MARTIN----------------------------------- its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business,and to bind General Insurance Company of America thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF,General Insurance Company of America has executed and attested these presents this 15 day of June , 19 n W.D.NAMMERSEA.SECRETARY GORDON N.SWEANY.PRESIDENT CERTIFICATE Extract from the By-Laws of General Insurance Company of America: "Article Vl, Section 12.—FIDELITY AND SURETY BONDS . . . the President,any Vice President,and the Secretary shall each have authority to appoint individuals as attorneys4n-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by tite company in the course of its business . . . . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of General Insurance Company of America adopted July 28, 1970 "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i)The provisions of Article VI,Section 12 of the Bylaws,and (ii)A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii)Certifying that said power-of-attorney appointment is in full force and effect, tite signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." I,W. D. Hammersla, Secretary of General Insurance Company of America, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation,and of a Power of Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 21ST day of SEPTEMBER 1971 TE ,s SEAL c� ..D M.EERLA.S(CNET..Y X ♦� 1925 G SAFECO L.....C—,,,d Any.fn.d I.ieni uw.n. 5942 R4 6(71 PRINTED IN U.S.A. SUBDIVISION AGREEMENT (§1) Subdivision: 4165 (§1) Subdivider: Irvin Deutscher (B. & P. Code §§1161Z-12) 1 Effective Date: October 12 1971 (Contra Costa County (§l) Comp-d.etion Period: One Year Standard. Form; 8-67) (§4) Deposits : A. (cash}-T500 . B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ 28, 000. 00 2. ( labor,materials) 28, 500. 00 Z . Parties & Date. Effective on the above date , the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants , and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County' s Public [corks Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429 ; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security : Deposit & Bonds. Upon executing this Agreement , Subdivider shall, pursuant to Bus. & Profs . Code §11612 , deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (Z - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified . or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus (2 - Labor & Materials) another such additional security in at least the above-specified ampunt , which is the full amount of said estimated cost , securing payment to the contractor, to his subcontractors , and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. !.'arra:t'• • Subdivider warrants that said improvement clan is ade- nuate to accomnlish toi..- --i;Drk as pro-i:,ea in Section 2 : and if, at any tine before t',e County ' s resolution of cc - l ` won for the subdivision, the improverent elan r_.rovez to be inadequate in any respect , Subdivi- der shall mak= chan.aes neces:=a^-z tG ?c.o--irli ,,h the work as promised. -1- z - • 6. No klaiver by Countg. Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, cr payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing., any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions , officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions: The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plants) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 6. Costs. Subdivider shall pay when due all the costs of the work, inclu-ging inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys' fees, costs of suit , and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond ecurin�; them. Z.%.'. Recc»d ?'ay. In consideration hereof, (rung- shall alloy: Oubdivider to file and rfcord said subdivision map, and recognizes this subdivision a:: one corplyi-:r., State laws and Ccunt.r ordinances . -2- COUN F NTRATA SUBDIV DER (sea not below) By. airman, Board ofupery s Irvin a utsche r 8y ATTEST: W. T. PAASCH, County Clerk Designate official capacity in the & ex officio Clerk of the Board business) By � Nota to Subdividers (1) Execute Deputy acknowledgment form below; and (2) If a corporation, attach a certified copy of (a) the bylaws FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board County Counsel of Directors, authorizing execution of this contract and of the bonds required 8y hereby. Deputy State of C - ifornia ) Be. (Acknowledgment by Corporation, County of 6 -LIL.GC Partnership or Individual) On of `% /�'7/ , the person(4F) whose name(*) is/.Ke signed above for Subdivi r and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. OFFICIAL SEAL ' LUC;L,E E. KISH ca0T4R� ? � •� U;ZLlC-GillFORNIA CONTRA COSTA COUNTY My CQMM1Ss!an Ex;*Bs April 2, I973 .•.Nu�ucp,as,gnoray,y,rtul� Notary public for said County and State (Suboiv. Agrmt• CCC Std. Form) (4P-9; Rev. 9-69; 200) } r, BOND No. 885587 PREMIUM: $938.00 IMPROVEMENT SECURITY BOND (Faithful Performance 8 Maintenance, AND Labor B Materials) (Calif. Bus. 4 Prof. Code §ZZ6Z2; Contra Costa County Standard Form) Z. OBLIGATION. (Principal)—IRVIN DEUTSCHER as Principal, and RiuretyjGENERA[_ (NsuaANCE COMPANY DE AMERICA a corporation organized and existing under the laws of the State of WASHINGTON and authorized to transact surety business in Californ a, as Surety, hereby jointly and severally bind ourselves, our heirs , executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintenance) �TwETY EIGHT THOUSAND AND NOIIOOTM -------- Dollars ($ 28,000 .00 ) of r itself or anyCity-assignee under the below—cit—ed subdivision con rac , plus (B - Labor & Materials) TWENTY EIGHT THOUSAND FIyE HUNDRED AND NO/100T"§ ---- Dollars ($ 28,500.00 ) for the benefit of persons protected under Cal. Bus. &Prof.Code §11612. 2. RECITALS. The Principal contracted with the County on SEPTEMBER 20, 19ZI to install and pay for street, drainage, and other improvements in Subdivi- sion No. 4165 , as per map now being filed with the County's Recorder, and to complete said work within ONE YEAR from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on SEPTEMBER 21, 1971 PRINCIPAL SURETY IRyIN DEUTSCHER GENERAL I URANC COMPANY OF AMERICA 1 _ By. -�By K TM . MARTI , RNEY—IN—FACT *_ �1 • • • • • • • • • • • • • • • • • • • a • • • • • • • • • s • a_ • a ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA ss. CITY AND COUNTY OF SAN FRANCISCO On this 21 ST day of SEPTEMBER 1971 before me EMMA HANE a notary public in and for the State of California with principal office in the City and County of San Francisco, residing therein, duly commis- sioned and sworn, personally appeared KENNETH E. MARTIN , known to me to be the attorney-in-fact of General insurance Company of America, the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaic}pfinjiM4mboIkoApkepowi1N1I11i111Mlrilbcate first above written. EMMA HANE NOTARY PUBLIC-CALIFORNIA PRINCIPAL OFFICE IN CITr % CJUNTY or SAK FRANCISCO (Seal) Mr COMMISSIOK EXP13ES JANWRV ?5. 1975 S-587 RI 7!66 i1111111NIw111MNINM11Mit11M1N11111MMU11if A ALFRED P.LOIIELI ."R 1)W. LEAL Assistant 'TV TREASURER-TAX COLLECTOR County Treasurer-Tax Collector PNONE 228-3000 EXT: 11"485 TAX •+ COLCTClt'S OFFICK FIRST INSTALLrFrNYTAOL[TA[[s FST tNSTALLYtNT or F ra[[s ourNDACONTRA V\ `TACOVV■ D[L14aY[NT C *INST oar of Novers[sMARTINt�Z. CALIFORNIA aN T«[ If.-T.. DAY of Orc[rs[s J INSTALIY[NT OF TAY[K S[coND INSTALL.E%T OF TA[es r'Ur AND•AYAeL[ DrLINOUrAr October t_: 1971 97� ON TM[TtNTM DAT OF APRIL ON TM9 FIRST DAY OF/lMYAAY October li` .17(.L IF THIS TRACT IS NOT FILED BY OCTOBER 31, lWls THIS WMR IS VOID This wM certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 41.65 and have determined from the official tax records that there included no unpaid county takes heretofore levied on the preaperty in the map. The current 14_0-?w tax Lion has been paid in fun, Our estimate of the 12ZI-72 _ tax lien,* which became a lien M the first day of Marchi " ..s is $ -2, 00 • E YARD we LEAL Redemption�Officer l r Byt i V dl STATE OF CALIFORNIA ACKNOWLEDGMENT BY SURETY t CITY AND COUNTY OF SAN FRANCISCO f On this_ 971h before me day of a embe mma ane California with principal office in the City and Count}' of San Francisco,'residing therein, du! ' I notary public in and for the State of sioned and sworn, personatl} appeared Thomas R. Hueak be the attorney-in-fact of General Insurance } commis- within instrument, and acknowledged to Inc that such corpor tionJexecuted the samca, the en thatnexec to the IN WITNESS 17fERFOF, I have hereunto set my the aforesaid CoMWOl hand and affixed my official sea! at m i lllWl/4Hhir:crrdflcUte first above written. Y office in ! = EMMA HA: _ = NOTARY PUBLIC-C4:_ • _. . 4 PRMCiPA1 nrrtr-.1 ._ 1 �, r17Y R C 111*VTY (Seal) MY"?'4M'%S'-1"EXPWrS JA•<tllRY 5-587 R 1 71/66 stiilNlllitllNIIIINIt11tU11t!!tll.li!liutUi,I}(l;; Vs bla- tip s'"� t� yow'b; '-y4' -; ,• ti -�t�' "'. E pier , + " „ - 's.,+ +,.. s - y,. ,�i.�:c ;,., „.cp:...ac .ko- . N',, � S ,�'"� "�?kr. b� '� � -rK"'�a � U� ::. - '"' ''tyC-. s ,�+"• ;1r,,,�, de""'.,,,,�4'4`+.� �,�a � 'i.�r �'y> 3'#' }�-� AYt.,,��" ,,a y ,� '�"' ' -a•`:�,,,`' hz�t5,-. �'.. ¢,�. a '.s =y-' • �.� � �. .. 9R _ . •A"elk,"�`' ..... ... +. � '. +yF{k t kc F stt:yi iia4Sq - „t� •• R >: s 450 Sansome Street, San Francisco, California 94111 ;t Bond 1.0- -.-.884396 Premium: $12.00 Y SL'BPIVlSION TA" BOND er.•• i 3 KNOW ALL 2H;N BY THESE PP.ESEi:TS: e, � ' that tiIRVIN DEUTSCHER � p r.? as Principal and General Insurance Company of America, a ashington corporation n licensed to do business in the State of California as Suretv, are held and firmly bound unto the COUNTY OF CONTRA COSTA State of California d+sri.:Y' in the penal sum of ONE THOUSAND TWO HUNDRED AND 140/100THS - - - - - - - - - - - - - - - - - - - - - Dollars (S 1,200.00 ) , lawful money of the United States of America, to be paid to the COUNTY OF CONTRA COSTA , State of California, for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally , firmly by these presents. Yg The condition of the above obligation is such that hTHEREAS the above named principal is about to file a ma entitled, � P P P Subdivision No. 4165 and -r I:THERF-AS, there are no liens against the subdivision or any part thereof for unpaid state, county, municipal or local taxes or special assessments collected ' as taxes, except taxes or special assessments not vet payable. x N0W THEREFORE, if the said principal shall pay prior to delinquency all taxes and assessments which are now a lien against said tract, or anv part thereof, but not yet payable at the time of filing of the map of said tract, then this obligation is to be void and of no effect; otherwise to remain in full force and effect. SIGNED, SEALED and DATED this ?7th day of September 1971 L_• Y � ' 00 P- z: IRVIN DEUTSCHER General Insurance Company of America -'' Principal y Attorney-in-Fact Thomas R. Hucik P.r 450 Sansome St. , San Francisco, Ca. GENERAL INSURANCE COMPANY OF AMERICA Horne Office:4347 Brooklyn A.e.N.E.,Seeale,Wash-ngron 98105 s�weo neeuuP/c� POWER OF ATTORNEY No. 3550 KNOW ALL MEN BY THESE PRESENTS: That General Insurance Company of America,a Washington corporation,does hereby appoint ---------------------------------THOMAS R. HUM------------------------------------ its true and lawful attorneys)-in-fact,with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business,and to bind General Insurance Company of America thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF,General Insurance Company of America has executed and attested these presents this 15 day of Decet+Iber . 1970 W.D.NAMMERSLA.SECRETARY GORODN N.SWEANY.PRESIDENT CERTIFICATE Extract from the By-Laws of General Insurance Company of America: "Article VI, Section 12.—FIDELITY AND SURETY BONDS . . . the President,any Vice President,and the Secretary shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business. . . . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of General Insurance Company of America adopted July 28, 1970 "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i)The provisions of Article VI,Section 12 of the Bylaws,and (ii)A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii)Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." 1,W. D. Hammersla,Secretary of General Insurance Company of America, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of this corporation,and of a Power of Attorney issued pursuant thereto, are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation % Con r''♦` this 27th day of September , 197. CN IN ITE SEAL A c� X W.O.NAMMERSLA,SECRETARY 1925 a 5-942 R3 8/70 u PUBLIC WORKS DEPARTMENT y . VICTOR W. SAUER CONTRA COSTA COUNTY F. R. BROWN , PUBLIC WORKS DIRECTOR CHIEF DEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR 6TH FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 228-3000 DEPUTY PUBLIC WORKS DIRECTOR October 19, 1971 Our File: HP - Subdivision 4165 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 4165 in Supervisorial District IV in the Walnut Creek area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one-year time limit for comple- tion is October 12, 1971. 2. Performance Bond, in the amount of $28,000. This bond, together with a $500 cash deposit (Auditor's Receipt No. 93669 dated October 5, 1971) is to guarantee completion of road and street improvements as required by the County Ordinance Code. 3. Labor and Materials Bond, in the amount of $28,500. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1971-72 tax, which became a lien on the first Monday of March, 1971 is estimated to be $1,200. S. Tax Bond, in the amount of $1,200, guaranteeing payment of estimated tax. The map is submitted for filing by Transamerica Title Insurance Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAUER JIL Public ks Director IV. T. PAASCH � CLERK P.OARD OF SUPERVISORS B /� ey7COXTnA CO 1 E. Kilkenny 1C�Ee� °`;stY Assistant Public Works Director Highway Planning PEK:fa cc: Transamerica Title Insurance Co. Planning Department Construction Division IN THE BOARD OF SUPERVISORS OF - CONTRA COSTA COUNTY, STATE OF CALIFORNIA May 6 197 5 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4.167, Oakley Area ) Deposit: $500 ) Auditor's Permit No. 105471 ) Dated February 5, 1973 ) Refund to: ) Mr. Charles Giovannoni ) 1211 Almond Street Antioch, CA 94509 ) On March 25, 1974 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above . Me foregoing order was passed on May 6, 1975. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 6th day of May 1975 J. R. OLSSON, XCXXXDT(Q � CLERK cc: Public Works (2) Subdivider n By Deputy Clerk Constance . Davies t When Recorded Reto � et?JK7190 Board of �uperviso T Administration Building APR -1 1914 25748 APR at REQUEST of CONTRA COSTA COUNTY AT of O'"I o M: CiCOUNN WORDS IN THE BOARD OF SUPERVISORS � COWRA COSTA I R O��N OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA M NNTY RECORDER ' f R ; • FF L In the Platter of Completion ) of improvements and declaring ) certain roads as County ) RESOLUTION N0. 74/293 roads_, Subdivision 4167:., ) Oakley Areas-, ) WHEREAS the Public Works Director having notified this ' Board that construction of improvements have been completed in Subdivision 4167, Oakley area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens incase of. action under said Subdivision Agreement: Subdivision Date of Agreement 4167, Oakley .area February 13, 1973 (Pacific Indemnity Company — Bond No. 8053-61-47) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 105471 dated 3?P-�=bnL50 1g73 be RETAINED for one year pursuant to the requirements of Section _jt of the Ordinance Code as amended. 94-4.406 BE IT FURTHER RESOLVED that the hereinafter described roach, having been heretofore dedicated to public use by the filing of Tap in the office of the County Recorder, be and the same are accepted and declared to be _ County roads_ of Contra Costa County: STIRRUP DRIVE (28/56/0.03) LARIAT LANE W.Z56/0.14i /56/0.34 SADDLE DRIVE IrEROLY ROAD WIDENING as shown and dedicated for public use on the map of Subdivision 4167 filed February 16, 1973 in Book 154 of daps at Page 32, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 25th day of Earth , '17 4 , by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. II. Dias, W. N. Boggess, E. A. .i inscheid, J. E. i.Tor i ar ty. . NOES: None. ABSENT: None. CFRn. FMD COPY I certify that thls 1.4 a full. true & Correct copy of the nrk:ianl tinemnA nt wme:i fs on ft[- in rr)y ofhee.. .Rrd t!•^r it %vas pz:=-d Fc nd-tpted by the Board of Sures--lFr).a of Ca:-tra Cn:tn County. Caiitornfa. or. the trate ahotvn. ATTEST; .1. R. tJr.SSOV. County Cleric&es-officio Clerk of said Board of Supervisors, RESOLUTION 1110. 74/293 by Deputy Clerk. cc: Recorderds1� Y 21 Publ'c Z:oris Subdivider END OF DOCUMENT IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 4167, Oakley Area. ) RESOLUTION N0. 73/101 WHEREAS a map entitled Tract Li&Z property located in the onlriav gran , having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1972-1973 tax lien has been paid in full; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 8, of the County Ordinance Code; Surety Bonds issued by Pacific Indemnity Company with Charles Giovannoni and Edythe C. Giovannoni as principal , as follows: Bond No. 8053-61-h7 in the amount of $44,000 for Faithful Performance, and $43,500 for Labor and Naterials; Cash deposit (Auditor' s Deposit Permit No. 105171 dated February 5, 1973) in the amount of $500; Subdivision agreement betwee igr C. subdivider and the County of Contra Costa, wherein sai su v- ider agrees to complete road and street improvements, etc., in said subdivision within_l year from the date of said agreement; RESOLUTION NO. ?3/101 Form #23; 70-4-500 NOW, THEREFORE, BE IT RESOLVED that said bonds and deposit and the amounts thereof be and the same are hereby APPROVED. BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the sale is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads or easements shown thereon as dedicated to the public. BE IT FU??�R FESOLVED that the following instruments are accented: Drainage Release from Daniel G. Westberry at al. dated January 9, 1973; Drainage Release from Charles Giovannoni dated January 15, 1973 For recording only "Consent to Dedication and Cocmnon Use Agreement" from Pacific Gas and Electric Company dated February 14, 1972. BE IT FURTHER RESOLVED that requirement of consent from the U. S. Bureau of Reclamation for dedication of a small pipeline ease- ment in the Neroly Road right of way, is WAIVED. PASSED AND ADOPTED this 13th day of February, 1973 by the following vote of the Board: AYES: Supervisors J. P. Kenny, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, A. Ni. Dias. NOES: None. ABSENT: None. cc: Public Works CERTIFIED COPY Planning f certify that this is a full, true & correct copy of Subdivider the original document which is on file in my office. C. Giovannoni and that it was r)assed K adopted by thr> B'oard W P. 0- Box 431 Supervisors of Contra Costa Coursty. Cal?fornix, oi: Antioch, California 94509 the date shown. ATTEST: W. T. PAASCH, count_ clerk&ex-officio clerk of said Board of Supervisors, by deputy clerk. RESOLUTION NO. 73/101 u PUBLIC WORKS'DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY DEPUTY PUBLIC WORKS DIRECTORS PUBLIC WORKS DIRECTOR F. R.BROWN 6TH FLOOR. ADMINISTRATION BUILDING R. D. BROATCH CHIEF DEPUTY PUBLIC WORKS DIRECTOR MARTINEZ. CALIFORNIA 94553 VERNON L.CLINE TELEPHONE 228.3000 R.M. RYGH (RM. 115 COURT HOUSE) February 6, 1973 HP - Subdivision 4167 Honorable Board of Supervisors Administration Building Martinez, CA Gentlemen: There is submitted for your approval the map of Subdivision 4167 in Supervisorial District V in the Oakley area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one-year time limit for com- pletion is February 13, 1974. 2. Performance Bond, in the amount of $44,000, This bond, together with a $500.00 cash deposit (Auditor's Receipt No. 105471 dated February 5, 1973) is to guarantee completion of road and street improvements as required by the County Ordinance Code. ��3��oa -iy-73) 3. Labor and Materials Bond, in the amount of $45;41 A- 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property. The map is submitted for filing by Title Insurance & Trust Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours REGEIVEDVICTO SAUER Pubic iV rks Director craw. T. r A A 8 C N VON" r: , /� /� au/ l E. Kilkenny Assistant Public Works Director CB:fa Highway Planning cc: Title Insurance $ Trust Co. Planning Department Construction Division t ALFRED P.EOHEu EDWARD W. LEAL Assist=- COUNTY TREASURER•TA•X'COLLECTOR County Trsasurtr-Ta:Ca:i*ctar PHONE 228-3000 EXT. .'IRS TAX COLLECTOR'S OFFICE FTPST 104STALLUENT OF TREES CaNM CMTA Ct3Ur�rTY 11RST tNSTALLY1tNT OF TAXES Out •NO P.YANLE O(L/NOur.r ON TME T1PST DAY OF NOYtratAMARTINQ_ . CALIFORNIA Or TMt TINT» O.Y OF OECErStA S(CONO INSTALLMENT OF TASti OCCONO iNSTALLrFftY OF TASti nut ANO PAYAtut February 2 1973 otuNOUFNT ON TMC F1PST DAY OF it.RYARy '� ON TMC TENT. DAY OF API/1. IF THIS TRACT IS NOT FILED BY FEBRUAR! 28, 19 7-1 THIS LETTER IS VOID This VM certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 4167 and have determined from the official tax records thattbere included no unpaid c=ty taxes heretofore levied On the property in the map, The current 1972_73 tax lien has been paid in EMARD W. LEAL Redemption Officer. De FILED r 'r /3/f 3 ,I. it. oo-MON CLERK BOARD Or SUPEINISORS CONIRA 4LfUOTSTA o e F- ! LED f r,q',/3,,/-/-7 3 111. T. PAASCH- CLERK BOARD CF SUPERVISORS ONTRA ,OS.1 CO TY cy - .Si1 e 4167 .s - M) Subdivider: GtOVANNON , (-B. & ?. . 'Code S§ZLbZZ-LLj CHARLES E. EDYIFM C. 1 Effective Date : February 13. 1973 (COntra Costa County (§1) Completion Period: One Year Standard Forfn; 8-67) (§4) Deposits : A. (cash) 500. B. (bonds-, etc. ) - 1. (faithful perf. & maintenance) $ 44 nno.nn 2. (labor,materials) 43,5nn.nn Z. Parties & Date. Effective on the above date, the County of Contra Costa, Cal=ror-nia, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning- this subdivision: 2. Imrroyements. Subdivider shall construct, install and complete read and street improvements, tract drainage, street signs, fire hydra_nts , and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections $400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's 1 Public Works Depart.::ent. Subdivider shall complete this work and improvements (hereinafter called "rTork" within the above completion period from date hereof as recuired 1-y the Calif. Subdivision '-'ap Act (Business & Professions Code §§11500 and following) , in a good workmanlike nanner, in accor- dance with accented construction practices and in a manner equal or superior to the reouirements of the County Ordinance Code and rulings rade thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Pfairtenance. Subdivider guarantees that the work is and wi! be free from defects and :;ill perform satisfactorily in accor- dance with Counter Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Imarovement Securitu; Deposit & Bonds. Upon executing this Agreement, subdivider shall, pursuant to Bus. & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (t - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier' s check:, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec-- ti ve wor'-::: .nshi-r, or materials or any unsatisfactory performance ; plus (2 - Labor & ?lateriaLs) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors , and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Varrantu. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section 2 ; and if, at any time before the County' s resolution of :ompletion for the subdivision, the improvement plan proves to be inad�-4late in any respect, Subdivi- der shall make changes necessary to accomplish the work as promised. -1- -O. Z:;; nL LT1C'Z' TI G� vVlC7L[.u. .aaav v�.�,usvit vs �.itC -1R Vi-t1. 'CZt till VZ'-tllC.l,Cl'1GL 1,�, or an-E I—E.t.r 1 of .r,`tr it ?nri/0 In—a t e_r i_n 1 c cnontarl1�T officer, agent or emplo; ee of the County indicating the work or any part : ereof complies with the requirements of this agreement , or accezD =::ce of the whole or any part of said work and/or materials, or pa, e::ts therefor, cr any combination or all of these acts, shall not relieve the Subdivider of his obligation to - fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. indemnity. - Subdivider shall hold harmless and indemnify the ince--itees from the liabilities as defined in this section: A - the indemnitees benefited and protected by this promise are the Ccurty, and its special districts , elective and appointive boards, cor..:-ss_ons, off iters, agents and employees ; 3 - The liabilities protected against are any liability or claim for da:rage of any rind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, deaf-:, property dam-age, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damn:—e :.as unforeseeable at any tire before the County approved the i::,pro :ement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceedings) concerning these; C - T e actions causing liability are any act or omission (negli- gent- or nor_-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - tion-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemr_itee has pre- pared, supplied, or approved any plan(s ) or specification(s) in con- nect� cn :•.it:h this ;•rorlc or subdivision, or has insurance or other in- der:n°fication covering any of these matters. S. APPLICATION OF E4NVIRWQ4E?,.7AL IMPACT REQUIREMEIN7S. By approving and executing this Agreement, Contra Costa County does not certify that the subject Subdivision is in co-pliance with the recent decision of the California Supreme Court in the case of "Friends of Manmoth vs. County of Mono". By executinj this agreement, Sub- divider agrees to save- and hold harmless the County from any and all legal action that nay be brought because of the aforementioned decision and agrees to defend any such action brought against the County. Subdivider further recognizes that he may be required, during the tenure of this a agreemept, to comply vd th all rules and regulations which may be promulgated to implement the aforementioned decision. 9. COSTS. Subdivider shall pay when due all the costs of the work, including iTV- spections thereof and relocating existing utilities required thereby. 10. SUVRIVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. 11. ,1.'.::PERFOR..\L1\CE AND COSTS. If Subdivider fails to complete .the work and improve- nents ►:ithin the time specified in this agreement or extensions granted, County may proceed to complete them by contract or othe n,ise, and Subdivider sliall pay the costs and charges therefor immediately upon demand. If County sues to compel per- formance of this agreement or recover the cost of completing the improvements. Sub- divider shall pay all reasonable attorneys' fees, costs of suit, and all other ex- penses of litigation incurred by County in connect;on tliere:.ith. 12. aSSIG` ',E\T. If before County accepts these improvements, the subdivision is annexed to a city, the Count), may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. -2- r 13. R£COP.D :P. In consideration hereof, Count}- shall allow Subdivider to file and record said subdivision. rap, 14. The Subdivider has entered into a separate agreement with the County for the construction of his share of the construction of Neroly Road and has deposited with the County $ as evidenced by Auditor's Deposit Permit No. �98173 dated April 3, 1972• c- COUNTY OF NT= ST � SUEDIVIDERs (see nota, below) By ChairF, . Boa_a of s ervisc CHARLES t=I VANNONI% ED C.�G OYANNONI By X61 X ATTEST: W. T. PAASCH, County Clark Designate official cap city in�the _--�� & ex officio Clerk of the Board business) / By. L L /? tbtb to Subdivi.dor: (1) Execute Deputy acknowledgment form below; and (2) If a corporation, attach a certified cony of (a) the bylaws FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board County ,Counsel of Directors, authorizing execution of this contract and of the bonds required By hereby. Deputy State of California ) ss. (Acknowledgment by Corporation; County of CONTRA COSTA ) Partnership or Individual) On FEBRUARY 1, 1973 , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowlodgod to me that he executed it and that the corporation or partnership nemed above executed it. =1WCONTRA FICEEXMAESAtt� NK SL Y PUy•CSS10V tary Public for said County an tata (Subdiv. Agrmt. CCC Std. Form) (HP-9; Rev. 9-59; 200) 3- TO 447 C (lndlv'iduall '+ STATE OF CALIFORNIA SS. COUNTY OF Contra Costa } February 6, 1973 On before mc, the undersigned, a Notary Public in and for said State, personally appeared Charles Giovar_roni and Edvthe C. Giovannoni, W his wife W I to known to me J < to Ile the person_ S _whose name s are_subscribed to the within instrument and acknowledged that—they NWIT ed they Ila _ OFFICIAL SEAL �I \\'1TNL SS my hal d and o(Iicial -cal. _ EiJLALiE SPINA NOTAR•i PUBLIC-CALIFORNIA Signature j PrinvDii 01lice in Contra Costa County i My Commision Expires July 28.1916 r Eulalie Spina Name (Typed or Printed) (This area for o6oial notarial seal) r_ (EXECUTED IN DUPLICATE) BOND NO. 8053-61-47 Premium: $444.00 RO- (:'C.Lt-t:f tZ rj'C",7 nC� :QZ):t2Y:C7:C2 idD Labor Pi ld t ) a eriaZS (CaZi . Bus. Prof. Co--'e §ZZ6Z2; Contra Costa County Standard Form) 7-. 03=11 m! l 1 (Pi'tif=cipaZ) CHARLES GIOVANNCNI AHD EDYTHE C. GIOVANNONI . . . . as Principal, and ure 5 y PACIFIC IMF14i':ITY CaeANy a corporation Organized and existing a^der t e 12::s of the State of Calif ornia and authorized to transact surety business :Ln California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors , administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Per-for-mance-1 & 'r a i n`.enance) FORTY FOUR THOUSAND AND N0/100 - - - - - - - - - - - - - - Dollars ($ 44,000.00 ) for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials) FORTY THREE THOUSAND FIVE HUNDRED AND N0/100 - - - - - - - - Dollars (s 43,500.00' ) for the benefit of persons protected under Cal. Bus. &Prof.Code §11612. 2. RECTTI4LS. The Principal contracted with the County on February 1, 1973 to install nd pay for street, drainage, and other improvements in Subdivi- sion No. 4167 as per map no... being filed with the County's Recorder, and to complete said work within from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. COIIDITIO?T. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors , s ubcontr ctors, and persons renting equipment cr furnishing labor or materials to them for said work and improvement, and protects the premises from, claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect . No alteration. of said contract or any plans or specifications of said :,cork agreed to by the Principal and the County shall relieve-any Surety from lia- bility ork this bond; and consent is hereby given to make such alterations without further notice to or consent by Suraty; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and 'holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees That if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND S-7.2LED on February 6, 1973 PRINCIPAL SI7Rr.i'I' I CHARLES GIOVANNONI AND EDYTHE C._GIQVANNONI PACIFIC INDEMNITY CaMPANY Trotter, Attorney-in-Fact •• •• .. .. � % .. T. .. % .. ?,= is # x ., is ?F it �: iF � ifr # 9F �r ie Sate Of is _fornia ) SS, County of �m�- _ CACE.'10'I'LEDGME:7T BY SURETY) f On � � �_ '�� t^.e pars;.n(s) -•T::ose name(s) is/are signed above is 'cnc-.-.n to me to be the Attorney(s)-in-Fact for this .,.e that Cor_)orate c-u e'ty', personally appeared before meand aC�inOU:lei�ged t0 " the namc of the Corp,Oratio n as Surety and his/their own name(s) as its nttorney(S)-.'_n-Fact. Notary Public for said County and State .(Imp. Scc. T3ond, CCC Std. Forx) W. T. PAASCH (P.P-Z.S;?e v. 8-U 7; 2C J) CLERK BOARD OF SUPERVISORS CONTRA COSTA COt,^•r, BY / Wu STATE OF CALIFORNIA, City & Co, of San Francisco ss. County of On this.—.6th..--_-_--_--day of.._ February.._.............19..73, before me, __...........DO ROTHY McRAE a Notary Public in and for said County and State, residing therein duly commissioned and sworn, personally appeared................._. F. W. Trotter _.... --.---..._...................._...._.__--- ----.---....__ _ _..__ ..__ _.................._-............................................ - - _.._._.__...�._. ..._ known to me to be the duly authorized Attorney-in-Fact of PACIFIC INDE11NITY CODf- PANY, and the same person whose name is subscribed to the within instrument and he (she) acknowledged to me that he (she) subscribed his (her) own name as the Attorney-in-Fact for and on behalf of PACIFIC INDEMNITY COMPANY. 1N WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the a• and year in this Certificate first above written. DOROTHY Tl1cRAE i30iARY Pi;3lIC CC.'.'T eGS /1 - y_} 51y fRAtiCIscJ CilU:1TY 1,7y Co;nmission Expires April 9, 1973 ! y & Co. of San Francisco Notary Public in and for .._........_...._......_. ._..._ .._. County, State of California Form G1000 Rev. F (568) IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA September 17 197 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4192, San Ramon Area ) Deposit: $500 ) Auditor's Permit No. 94500 ) Dated November 9, 1971 ) Refund to: ) Falendar Homes Corvoration ) 1885 Oak Park Boulevard ) Pleasant Hill, California 94523 ) On February 26, 1973 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section -8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. The foregoing order was passed by a unanimous vote of the Board. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this. 17th day of September , 1974 Wr CLERK cc : Public Works (2) J. R. OI,SSON Subdivider By I rDeputy Clerk Helen C. Marshall IN THE BOARD OF 'SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Completion ) of improvements and declaring ) certain roads as _ County ) RESOLUTION NO .73/132 roads, Subdivision 4192, ) Danville Area. ) ) WHEREAS the Public Works Director having notified this Board that construction of improvements have been completed in Subdivision 4192, Danville area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the' following subdivision have been completed for the purpose of establishing a terminal period for filing of liens 'in case of action under said Subdivision Agreement: Subdivision Date of Agreement !1192, Danville area Novezrber •9 , 1971 (The A-merican Insurance Company - Bond Pio. 6246529) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 94500 . dated November 9, 1971 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads , having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same ars accepted and declared to be _ County roads of Contra Costa County: �;ORNINGKONUE, ROAD (3"/56/0-19) LUR= COURT ( 32/52/0-03) GP,EMTB300K DRIVE (110/60/0.11) CEi',imE COURT ( 12/52/0.05) 1.1ERzRIL .y. PLACE (30'/56/0.11) GI1,PN ET COURT ( 32/52/0.'03) as shoran and dedicated for public use on the map of Subdivision 11192 filed November 23, 1971 in Book 1L111 of Haps at Page 112, Official Records of Contra Costa County, State of California. - PASSED A11D ADOPTED this 26th day of Pebruar, , 1973 , by the following vote of the Board: AYES: J. P. Kenny, J. E. ; oriart<<, W. N. Boggess E. A. Linschaid, A. N. Dias. NOES: Nona. ABSENT: None. CERiIL71LD C:Oi'Y I ce::iC. that this is a fn!i, b-ze & cor_-,:.L cony of lite UTi:;in-t! e3zL:t:._:t 1':... i ...J:I iit•t .:� OCLi:. amt timt :L w:a i•-__.e.l St:per.•.,�.:, of C-,:i:r G ',:JC.,,:. y C._es:ona on lite t1tz s% : n. AiT2.is: ::. rut:2i:}' RESOLUTION I•10. cc: Recorder kv deputy Clerk- Public icrk-Pub1ic :•7o rksol Subdivider 6 PUBLIC WORKS DEPARTMENT - V $AUCONTRA COSTA COUNTY DEPUTY PUOLfC:YORKS D1R�CTOP.S PUOLIC LIC WORKS DIRECTOR R HftOtti vc__ GIH FLOOR. ADidlf115TRATiON BUILDING R. O. BROATCH CHIEF I ERECEWED MARTINEZ. CALIFORNIA 945."i3 YERi10N L.CLINE ' TELEPHONE 228-3000 R.M. RYGH (RM. 115 COURT HOUSE) r• December 6, 1972 W. T.•PAASCW CLERIC. O RD OF SUPERVISORS Rq�COST -CO. FSP - Subdivision 4192 �C i sFa�.cnder 1_omes, Inc. 1855 Calc Blvd. Pleasant Bill, CAgb.,96 ? C entlerten: s This is to inform ,rou t'�at the time limi u- under the Subdivision Agreement for Subdivrision 4192 ex-aired on 11ovember 9s 1972. • i / t Since you have not eowr..'.oted the i, prolrenert work, you Will h alve `s to send -as a ;:Tritten :'eCtiest for an extension Of t7.2T?e. The request sbould contain a detailed explwnation of t•*'ny the work i has not been completed, the 1Q1:Lith Of time extension requesGer?, and what action will be taken to see t-'.11-at the work is comoletod within the requested period. After we rovie:; your request we will E advise you of our f'incir_ s. ?lease reel; to this letter b; Dec2nber 3.5, 1972 in older that this matter may be resolved. :'Te understand homes have been built and sold, _people are already li:-imz in this subdivision. 3r a co-oy of this letter we are requesting the 3,ai? ;r- Inspection Den_ ardent to cea s issuing building pert.its until further notice by this Department. "'he Board of S nervisors does not desire to have the County complete the imnrovonent tmr1c ?.itn action mains t the bondinc- company to 2.,ecover County costs. ``herefore, h*e request that you make a concerted effort to co—olete the 'work e„poditiously. Ver-F truly fours, VIC'TQR 7 T. SAUET? n., 0 '.')rks Director I/vx ...Lt�l.e d. �_u_ �.1:�::'l:i�r Assistant Public EdorkS Dig ctar C.C: !�xr1e,ican Inr,T.2ranc: . Co. Plane ng 50;n rroa;'w.,v ' Oa?•:land, C:i {;?;all Ptlork of the Joh r:^' o- Sur ci'vi stirs _ Constr:.c ti on D :'-;i r'rn I Pui7 d-L-; inspec t1on Plannir.- Dena-rtnont ':!m. J. Diacw LC .- c;aciatos IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of ) Authorizing Acceptance ) January 25. 19 72 of Instrument of Dedi- cation for Recording. ) Subdivision 4192• ) On motion of Supervisor A. K. Dias , seconded by Supervisor J. P. Kenny , IT IS BY THE BOARD ORDERED that the following listed instrument entitled "Offer of Dedica- tion" be accepted for .recording only, and this Board directs the Clerk to record a certified copy of this acceptance together with said instrument: Grantor Instrument Date Description Falender Howes January 129 1972 Dedicating an easement Corporation of four feet W ) in width California within Lot 1 of Subdi- vision 4192, for drainage purposes, San Ramon area The purpose of accepting this instrument is for record- ing the Offer of Dedication, and such offer of dedication, when recorded in the office of the County Recorder, shall be irrevoc- able and may be accepted at any time by this Board, or by governing body having jurisdiction thereof, pursuant to Section 7050 of the Government Code of the State of California. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. K. Dias, J. E. Moriarty, W. N. Boggess, B. A. Linscheid. NOES: None. ABSENT: None. I HEREBY CERTIFY that the foregoing. is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this _?5th day of January , 1922..-- 66: Recorder (via P.W. ) W. T. PAASCH, CLERK Public Works (2) Planning Department Administrator By Helen C. Marshall , Deputy Clerk Form #19 72-1-500 A IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, .STATE OF CALIFORNIA In the Matter of Approval } of Subdivision Pap of ) Tract 4192, San Ramon Area. } RESOLUTION NO. 71/764 ) WHEREAS a map entitled Tract h192 , property located in the San Rzmon area , having been preseated to_this Board for approval, said map aving been certified by the proper orricials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1971-1972 tax lien has been paid in full; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 8, of the County Ordinance Code; Surety Bonds issued by the American Insurance Company with Falender Homes Corp./California as principal, as follows: Bond No. 62 .6529 in the amount of $112,400 for Faithful Performance, and $112,900 for Labor and Materials; Cash deposit (Auditor's Receipt No. 94500 dated November 9, 1971) in the amount of $500; Inspection Fee in the amount of $5,6145; Subdivision agreement between Falender ITomeA CoT-n. /Cplifornia` subdivider and the County of Contra Costa, wherein said subdiv- ider agrees to complete road and street improvements, etc., in said subdivision within 1 year from the date of said agreement; (Novemoer 9, 5972) RESOLUTION NO. 71/7614 Form #23; 70-4-500 NOW, THEREFORE, HE IT RESOLVED that said bonds :.iid deposits and the amounts thereof be and the same are hereby A FRO ED. ` BE IT MMTHiM RE-SOLATED that said subdivision agreement be and the same is hereby APPROVED and theChairman of this Board is authorized to execute said agreement. BE IT FURTHNR RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the drives, roads or easements shorn thereon as dedicated to the public. PASSED AND ADOPTED this 16th day of November by the following vote of the Board: ` AYES: Supervisors A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, J. P. Kenny. NOES: None. ABSENT: None. cc: Public Works (2) Planning Subdivider Falender Homes Corp./California 1885 Oak Park Boulevard Pleasant Hill, California RESOLUTION NO. 71/764 M Form #23; TO-4-500 CERTEMD C I certifulaty his C?Py the o o"'inall docfull , true & correct co and Uiat itYe:t cviiicii i s oa f r PY of Supery was I)a:::ed e: +.e La mp ofric Of :IC.,« W' idles i the hate ;howlx , Ca"ta Court oard 02 clerk& 1T3`E:iT': Z�. r C�:ifor_,ia, o:. GY-Qerk clerk of s ` �SCIt, ' by deputy cllerk, said BQ�rd of Supert�i;orsy SUBDIVISION AGREEMENT (§1) Subdivision: 4192 ` (§1) Subdivider: Falender Homes Corp. / (B. & P. Code _§§1161Z-12) California a California cop oration 1 Effe ctive Date : November 9, 1971 (Contra Costa County (§1) Comp�.etion Period : Standard. Form; 8-67) (§4) Deposits : A. (cash) 500. B. (bonds , etc. ) 1. (faithful perf. & maintenance) $ , 2. (labor materials) $ 112-9oo-co Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: . �. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainaze , street signs , fire hydrants , and all improvements as rea_uired by the County Ordinance Code, especially Division 4 of Title ' 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department . Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as • required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in actor= dance with accepted construction practices and in a manner equal or . superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. , 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will• be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429 ; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement , Subdivider shall, pursuant to Bus . & Profs. Code §116122 deposit as security with the County : A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . B. Bonds , etc. : (I - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier' s check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the• work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount , which is the full amount of said estimated cost , securing payment to the contractor, to his subcontractors , and to oersons renting equipment or furnishing labor or materials to them or to the Subdivider. s. Warranty Subdivider warrants t':pt said improvement elan is ade- nuate to acco-iPlich t'1 `' ---Drk as pro-_i :;e_d in Cect7on 2 : and if, at 3nv t.i,re before "--'-.e County ' s resoiution of 1 `_cn for the subdivision, the improver•ent plan proves to be inade^ua_e in env -respect , Subdivi- der shall makes c^arTeS necess_nr-: tc IF I L E Dil -1- W. T. PAASCH aaNc �Ro�jMo or IMMISW _ _ _ - G- „_.__ _ .. E. No Waiver by County. Inspection of the work and/or materials , or approvaI of work and/or materials inspected, or statement by any officer, agent or employee of the County i::dicating 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 contract as prescribed; nor shall the County be thereby estopped from bring- inR any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as 3efined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards , commissions , officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these , and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements 'as completed, and in- cluding the defense of any suit(s) , action(s ) or other proceedings) concerning these : C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one -or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- nared, supplied, or approved any plan'(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters . 6. Costs. Subdivider shall pay when due all the costs of the work, ° inclUff ng inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. 10. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall Day the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements , Subdivider shall pay all reasonable attorneys ' fees, costs of suit , and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these imorovements, the subdivision is annexed to a city , the County may assigrn to that city the County' s riEhts under this a-,reement and/or anv deposit or bond ��curin then. L_ . eccr �G In cors,derat,on 2ere0- , �'Cu: 5�:a11 clic?: �Lb .=;r;ao., to file and record said subdivision ma? , and reccz-,nizes this cub- ;__ cn as one COI" l5'�-` ?:ith State lasts and Ccunty ordinances . -2- i COUNTY OF CONTRA COSTA SUBDIVIDER: (ane note bel")`- Cd Hy r a.�6J0eti s t�yr (rfnriv�•�, Ch firman, Hoard of SuYuntyClark ors (� By v ATTEST: W. T. PAASCH, Designate official capacity In the & ex officio Clerk of the Board business) F c�J 9 y IAe;W le-Z t -- Note to Subdivider: (1) Execute Deputy acknowledgment form below: and {I (2) If a corporation, attach a certified copy of (e) the bylaws FORM APPROUEDs JOHN B. CLAUSEN .2r (b) the resolution of the Board County Counsel of Directors, authorizing execution of this contract and of the bonds required 8y hereby. Deputy State of California ) Be. (Acknowledgment by Corporation, County of '4�'Q4ITe-4. C_DST ) Partnership or Individual) On 11/,oVP�nbee 9 /,�7/ the person(W) whose name(W) is/am signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. ZANA M. FINDLETON AJ[V I e l D/V NOT:;RY PL'LIC-C:t' UNPIIA CONi Commission n COSTA. col16, 9 My Comrf.,sion Ezp�res,Stay 15.1975 , cry public for said County and State (Suboiv. Agrmt• CCC Std. form) (Hp-9; Rev. 9-69; 200) -3- STATE OF CAUFOKNIA }SS COUNTY OF Contra Costa ON----------------------Novemb-er.-9-9----------------------- ........................... 19-71, before me, the undersigned,a Notary Public in and for said County and State,personally appeared h ....k'rodmck.,Jv-.1010ndor........----------------------------- --------------known to me to be the ---•----------------President c------------------------------ -----------------------------------------------------------. . of the Corporation that executed the within instru- 1� ZAM M. FH%6L-ETO;Nment and the officers who executed the within instrument on behalf of the Corpora- ' ' l�- i ' tion therein named, and acknowledged to me that such Corporation executed the Upi.es play 16,1975 within instrument pursuant to its By-laws or a Resolution of its Board of Directors. 1 Notary's SignaturZ" Name .. ..P�.�...... . CORPORATION ACKNOWLEDGMENT Form No.i� Type or Print No ...............Zana_M,..F' n(�eton b FIREMAN'S FIREMAN'S F.N.INSURANCE COMPANY Bond No. SC 6246529 THE AMERICAN INSURANCE COMPANY FUND NATIONAL SURETY CORPORATION EXECUTED IN DUPLICATE ® ASSOCIATED INDEMNITY CORPORATION AMERICANAMERICAN AUTOMOBILE INSURANCE COMPANY I N$ R E O P :� E ICE SAN FRANCISCO,CALIFORNIA POULTON & ORR 1 NsTE Insurance Brokers . 1f 5050 Broadway r 1 Oakland, CA 94611 (415) 654-7800 W. T. PAASCH PERFORMANCE BOND BOM OF SUPERVISORS CONTRA COSTA COU Tv 6y �3 L lam€Cvt ! Deputy KNOW ALL MEN BY THESE PRESENTS: That we, FALENDER HOMES CORP./ CALIFORNIA (hereinafter called "Principal") as Principal, and THE AMERICAN INSURANCE COMPANY , a corporation organ- ized and existing under the laws of the State of NEW JERSE%nd authorized to transact business in the State of CALIFORNIA (hereinafter called "Surety"), as Surety, are held firmly bound unto COUNTY OF CONTRA COSTA (hereinafter called "Obligee"), as Obligee, in the penal sum of ONE HUNDRED TWELVE THOUSAND FOUR HUNDRED AND N0/100 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Dollars ($ 112,400.00 ), good and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors,and assigns,jointly and severally, firmly by these presents. Signed, Sealed and Dated this 9th day of NOVEMBER 1971 Whereas, the above bounden Principal has entered into a certain written contract with the above-named Obligee, dated the day of ' 19 for SUBDIVISION IMPROVEMENTS IN TRACT 4192, DANVILLE, CALIFORNIA which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, That if the above bounden Principal shall well and truly keep, do and perform, each and every, all and singular, the matters and things in said contract set forth and specified to be by the said Principal kept, done and performed at the time and in the manner in said contract specified, and shall pay over, r,.ake good and reimburse to the above-named Obligee, all loss and damage which said Obligee may sustain by reason ci.failure or 66-cult on the part of said Principal, then this obligation shall be void; otherwise to be and remain in full force and effect. 1 FALENDER HOMES CORP./ CALIFORNIA Principal BY 7'�D THE AMERICAN INSURANCE COMPANY Surety By FRANK B. ORR Attorney-in-Fact 360121-8-67 S State of CALIFORNIA t -County olAUMEU S ss: On November 9 , 1971 before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Frank B. Orr renown to me to be Attorney-in-Fact of The American Insurance Company he corporation described in and that executed the within and foregoing instrument,and known to me to be the person who executed .ie said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. V WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and yeaZthis cerdac:te abo OFFICIAL SEAL y Commission Expires ``; PEARL K. RHODES NOTARY PUBLIC . CALIFORNIA Notary Public P L�� PRINCIPAL OFFICE IN 0212-6-66 A a FDA COUNTY My Crmmissi^n Enir : fun' 20 1975 S F� 3, PAYMENT BOND—PUBLIC WORKS Bond No. C- 6246529 EXECUTED IN DUPLICATE FILED / 'FIREMAN IS FIREMAN'S FUND INSURANCE COMPANY POULTON & ORR THE AMERICAN INSURANCE COMPANY Insurance Brokers + f '.)�f�rµc�, FUND NATIONAL SURETY CORPORATION 5050 Broadway I'/ ASSOCIATED INDEMNITY CORPORATION W1 a Te PAASCH � AMERICAN AMERICAN AUTON091LE INSURANCE COMPANY Oakland C; 94bi i QM MW 0 1 SUPEEWSMS INSURANCE C O Af PAN I E S HOME OFFICE:SAN FRANCISCO,CALIFORNIA (415) 654-7800 I Lm= Deputy KNOW ALL MEN BY THESE PRESENTS: That we, FALENDER HOMES CORP./ CALIFORNIA as Principal. and THE AMERICAN INSURANCE COMPANY ,incorporated under the laws of the State of NEW JERSEY and authorized to execute bonds and undertakings as sole surety, as Surety, are held and firmly bound unto any and all persons named in California Civil Code Section 3181 whose claim has not been paid by the contractor, company or corporation, in the aggregate totalof ONE HUNDRED TWELVE THOUSAND NINE HUNDRED AND N0/100 * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Dollars. (3 112,900.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs,administrators,successors and assigns, jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that; whereas the above bounden Principal has entered into a contract, datd . 19 , with the COUNTY OF CONTRA COSTA to do the following work, to-wit: SUBDIVISION IMPROVEMENTS IN TRACT 4192, DANVILLE, CALIFORNIA Now, Therefore, if the above bounden Principal, contractor, person, company or corporation, or his or its sub-contractor, fails to pay any claimant named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code, with respect to work or labor performed by any such claimant, that, the Surety on this bond will pay the same, in an amount not.exceeding the aggregate sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit. This bond shall inure to the benefit of any person named in Section 3181 of the Civil Code of the State of California so = to give a7 right of action to them or their assignees in any suit brought upon this bond. —iis bond is executed and filed to comply with the provisions of the act of legislature of the State of California as designated,in ivil Code,Sections 3247-3252 inclusive,and all amendments thereto. ,gned and Sealed this 9th day of NOVEMBER 19 71 FALENDER HOMES CORP./ CALIFORNIA BY 4rLUI, t Principal THE AMERICAN INSURANCE COMPANY Surety B R B. ORR Attorney-in-Fact 360099-1-71 �a STATE OF CAUFORNIA }SS COUNTY OF Contra Costa ON................November.-9....................____..........._............, 19.71., before me, the undersigned,a Notary Public in and for said County and State,personally appeared ,_____Fredrick_J.__Falender,________,,,_„ _..._......known to me to be the . .... .....President, .................................................................... ........ --------......---- IhK f the Corporation that executed the within instru- ZANA M FiNC}LE7r?,`3 - ment and the officers who executed the within instrument on behalf of the Corpora- NOTARY PIALIC CUFvRUTA tion therein named.and acknowledged to me that such Corporation executed the •� CONTRA Cos'3A COUNTY within instrument pursuant to its By-laws or a Resolution of its Board of Directors. r GSy Gcrssrission&rhes may 16.i975J Notary's Signature...../Namfe...... it�inR�/�j.,�...�..... ,/. . ..14...x......... CORPORATION ACKNOWLGQGMENT Form No.i{ Type or Print Nota ......Z'�a M._.Findl.etori State of CALIFORNIA County of ALAMEDA � ss: On November 9, 1971 before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Frank B. Orr known to me to be Attorney-in-Fact of The American Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF. I have hereunto set my hard and affixed my official seal, the day and yea fated in this certifi above.. My Commission Expires AOR:-41 --OFFICIAL SEAL K. R"MES 'N&Ciij TKU& NOTARY PUBLIC - CALIFORNIAP*M L Mo&w 360212--6-66 PRINCIPAL OFFICE IN ALAMEDA COUNTY Oli . . - . W . 1 , , I'll RESOLUTION A UTHORlZ1NG EXECUTION OF SUBDIVISION A GREE M1ENT At a special meeting of the Board of Directors Of FALENDER HOMES CORP. /CALIFORNIA, a California corporation, duly convened and -I' held on the9 day of IVO de-16k1\j , 1971, the follow in g Resolution wa s passed; WHEREAS, it is required by the County of Contra Costa that a Subdivision Agreement concerning Subdivision 4192 be executed and submitted to said County; and WHEREAS, the Board of Directors of Falender Homes Corp. California, a California corporation, deem it in the best interest of said Corporation to execute said Agreement; NOW, THEREFORE RESOLVED that the President of said Corporation, to wit Fredrick J. Falender , be and is hereby authorized to execute on behalf of said Corporation said Subdivision Agree- ment for the County of Contra Costa, State of California. DATED this 91 day ofAjovc_%__4 ,, , 1971, in the City of Pleasant Hill, County of Contra Costa, State of California. FALENDER HONES CORP. /CALIFORNIA a California corporation By: Al- STATE OF CAUFORNiA COUNTY OF Contra Costa �SS ON. - November ----------------- -------9.1.................................................. 7before..$ 19.. .1.,be re me the undersigned,a Notary Public in and for said County and State,personally appeared -------------FI-edrs.ck-t4_Falender..........................................known to me to be the ....................President,Sol&------------------------------------------------1*------------------ --------------- In I f the Corporation that executed the within instru- F-ID1 [-ITON went and the officers who executed the within instrument on behalf of the Corpora- tion therein named,and acknowledged to me that such Corporation executed the my within instrument pursuant to its By-lws or.Resolution of its Board of Directors. r 04 . . .................... Notary's Signature'. ........... ....... COWMATION ACKNOWIADOMW 7ana M. Findleton Fo"n No.14 Type or Print NZ's Name...............15�.......... ...... ............................................. ' PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY F. R. BROWN PUBLIC WORKS DIRECTOR CHIEF OEPUTY PUBLIC WORKS DIRECTOR ROAD COMMISSIONER-SURVEYOR GTN FLOOR. ADMINISTRATION BUILDING MARTINEZ. CALIFORNIA 94553 R. D. BROATCH TELEPHONE 220-3000 DEPUTY PUBLIC WORKS DIRECTOR November 16, 1971 Honorable Board of Supervisors Our File: HP - Subdivision 4192 Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 4192 in Super- visorial District V in the San Ramon area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one-year time limit for com- pletion is November 9, 1972. 2. Performance Bond, in the amount of $112,400. This bond, together with a $500 cash deposit (Auditor's Receipt No. 94500 dated November 9, 1971) is to guarantee completion of road and street improvements as required by the County Ordinance Code. 3. Labor and Materials Bond, in the amount of $112,900. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property. The map is submitted for filing by Transamerica Title Insurance Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, R_E` L,✓ VICTOR W. SAUER Public Works Director W. T. PAASCH ///JQ;►/` CLERK BOARD OF SUPERVISORS N COTRA COSTA,GO. B By j1��-�'i Deputy E. Kilkenny Assistant Public Works Dir ctor Highway Planning PEK:fa cc: Transamerica Title Insurance Co. Planning Department Construction Division ALFRED P,LOMELI FOwARO W. t:EAt Assistant » ;COUNTY TREASURFR^TAX COLLECTOR COuaty Tr*osutrr-"tax Collector PHONE 228-3000 TAX }SOUACT001•9 OFFICE EXT. ZiRS //NN/��1,7/� FIRST INSTALLMENT Or TAXES ( i ■}\/ i� a� A COU �t;sT it�iTa CL+�tN7 OI TAtt#{ NT out AND"YAMILE �.r\,/ice J.�M� �.a� OL4iN&V or ON TMt rt*ST pay of -ovamotif MAMYINC CALIFORNIA ON TM[tI N T PaY Or Of TAXI R ' �fi. ttCONO tNxf/LL`+ENf Of Ti7tt5 SErnNO tNSTALLM[NT Of TAx56 OtLtNOufN♦ r%uf AND•AYA1119 ON TME FISS?OAY Of fttatuARY November 2.1 lTfl ON TML YLNTN DAY Of Ai1tL IF TH=S TRACT IS NOT FIUD BY FEBRUAR't 28s, 19 s THis FETTER IS VOID This V-LU oertify that I have examined the map of the prnpoaed subdivision entitled: TRACT Na. 4192 and have determined from the official tax records that these are no unpaid c mlty taxes heret��re�levied o n the PrO rty lien Pam d in the map* The Wrrent dill. MVARD We hF,AL Rec'lemption (j f'fS tier e" ByA f 1 d:1 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA June 17 197 In the Matter of Releasing ) Subdivision Deposit ) } Subdivision: 4206, Byron Area ) Deposit: $500 j Auditor's Permit No. 100562 ) Dated July 5, 1972 ) ) Refund to: ) Mr. William R. Baldwin P. 0. Box 335 Byron, California 94514 } On March 24, 197LL this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor clone or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. PASSED by the Board on June 17, 1975• I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 17th day of June 197 5 W. T. PAASCH, CLERK cc : 4 blic Works (2) Subdivider Deputy Clerk Constance . Davies r In the Board of Supervisors of Contra Costa County, State of California March 18 , 19 75 In the Matter of Approving Agreement for Main— tenance of Landscaping and Irrigation, Subdivision 4206, Byron Area. The Board on March 25, 1974 having accepted as complete construction of improvements in Subdivision 4206, Byron area, with the exception of some landscaping for which a $3,500 cash deposit was made; On the recommendation of the Public Works Director and on motion of Supervisor J. E. Moriarty, seconded by Supervisor A. M. Dias, IT IS BY THE BOARD ORDERED that the aforesaid landscaping work is ACCEPTED as complete . IT IS FURTHER ORDERED that an agreement with Discovery Bay Corporation guaranteeing the performance of said landscaping for one year and labor and materials for six months is APPROVED and Supervisor J. P. Kenny, Vice Chairman, is AUTHORIZED to execute same on behalf of the County. IT IS FURTHER ORDERED that the Public Works Director is AUTHORIZED to refund to Discovery Bay Corporation, P. 0. Box 85, Byron, California 94514, $1,225 of the $3,500 deposited as surety, as evidenced by Deposit Permit Detail No . 115592 dated March 20, 1974 . The foregoing order was passed by the following vote: AYES: Supervisors A. M. Dias, J . E . Moriarty, E. A . Linscheid, J. P. Kenny . NOES: None. ABSENT: Supervisor W. N . Boggess. I hereby certify that the foregoing is a true and correct copy of an aria enNred on the minutes of said Board of Supervisors on the date aforesaid. cc: Discovery Bay Corporation Wftess my hand and the Sed of the Board of Public Works Director Supervisors County Administrator affixed this 18th day of March 19 75) J. R. OLSSON, Cleric Deputy Clerk H 24 12174 - 15-M Mildred 0. Ballard SUBDIVISION AGREEMENT . (§1) Subdivision: 4206 (§I) Subdivider: Discover4 BaZ Cor oration For Landscaping and Irrigation (§l) Effective Date: March 10, 1 (After construction is complete) (§1) Maintenance Period: One year (§4) Deposits: A. (cash) 1. (faithful performance & maintenance) $ 525 2. (payment) $1,750 1. PARTIES $ DATE. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above-named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENT WARRANTY. Subdivider warrants that the landscape and irrigation improvements were constructed, installed and completed in this subdivision in a manner equal or superior to the requirements of the County Ordinance Code, Title 9. 3. GUARANTEE $ MAINTENANCE. Subdivider guarantees that the aforesaid subdivision improve- ments are and will be free from defects and will perform satisfactorily in accordance with County Ordinance Code; and he shall maintain the improvements for one year after the date of this agreement against any defective workmanship or materials or any un- satisfactory performance. 4. IMPROVEMENT SECURITY: DEPOSIT $ BONDS. Upon executing this Agreement, Subdivider shall, pursuant to Business & Professions Code §11612, deposit as security with the County $2,275 cash, which guarantees his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defective workmanship or materials or any unsatisfactory performance; and secures payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. NO WAIVER BY COUNTY. Inspection of the improvements and/or materials, or approval of improvements and/or materials inspected, or statement by any officer, agent or employee of the County indicating that the improvements or any part thereof comply with the requirements of this agreement, or acceptance of the whole or any part of said improve- ments 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 contract as pre- scribed; nor shall the County be thereby estopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 6. INDEMNITY. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnitees benefited and protected by this promise are the County, and its special districts, 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 6 damage was unforeseeable at any time before the County approved the subdivision ,nap or accepted the improvements as completed, and including the defense of any suit(s), action(s) or other proceeding(s) concerning these; 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 is not conditioned or dependent on whether or not an), Indemnitee has prepared, supplied, or approved any plan(s) or specification(s) in connection with the improvements or subdivision, or has insurance or other indemnification covering any of these matters. 7. COSTS. Subdivider shall pay or have paid when due all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 8. NONPERFORM.AaNCE AND COSTS. If Subdivider fails to maintain the work and improvements during the time specified in this agreement, County may proceed to maintain them by contract or otherwise, and Subdivider shall pay the costs and charges therefor immediately upon demand. If County sues to compel performance of this agreement or recover the cost of maintaining the improvements, Subdivider shall pay all reasonable attorneys' fees, costs of suit, and all other expenses of litlgaton incurred by CotirL\r in connect-Jon therewith. 9. ASSIGNMENT. If before the completion of the maintenance period, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and any deposit or bond securing them. 10. LABOR f MATERIALS, WARRANTY. Subdivider further warrants that the claims and liens of all persons, contractors, and subcontractors furnishing labor or materials for the in- stallation of said improvements in the subdivision have been satisfied. The Subdivider agrees to satisfy any valid claims or liens of labor and materialmen as to the said imnrovements and subdivision appearing hereafter upon, demand by the County. 11. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record said subdivi ;ion map, and recognizes this subdivision as one complying with State laws and County o -dinances. COUNTY OF CONTRA COSTA SUBDIVIDER: (see note below) By-a ►.tea 'j"- KDISCOVERY BAY CORPORATION ViClf Chai �a , Boa -d of Super isors ATTEST: J. R. O .SSOA', County Cler 4 By. ,PFS ex offi-:io Clerk of the Board Designate official capacity in the business) By Ronald W. Doll, President Deputy Note to Subdivider: (1) Execute acknow- ledgment form on page 3, and affix to FORM APPROVED: . OHN B. CLAUSEN, this page; and (2) If a Corporation, (•ounty Counsel affix corporate seal. By Deputy (CORPORATE SEAL) -2- State of California, ) (Acknowledgment by Corporation, County of Contra Costa ) ss' Partnership or Individual) Oen February 25, 1975 , the person(s) whose name(.$) is/am signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. OFFICIAL SEAL SANDRA S.SMITH SWAM ruwc. Sandra B. Smith i poll 01 Notary Public for said County and State A Contra Costa County, California ((Complete acknowledgement and affix to page 2 of the Agreement)) -3- LD-39 (10/74) In the Board of Supervisors of Contra Costa County, State of California July 29 , 19L4_ In the Matter of Acceptance of Decrease Rider to Subdivision Security Bond, Subdivision 4206, Discovery Bay Area. The Board on March 25 , 1974 having accepted as complete construction of improvements in Subdivision 4206, Discovery Bay area; and The Public Works Director having reported that the developer has requested that the bond that accompanied the Sub- division Agreement be reduced to 15 percent of the original amount, as provided for in Section 94-4 .406 of the Ordinance Code as amended; On the recommendation of the Public Works Director and on motion of Supervisor E. A. Linscheid, seconded by Supervisor J. P. Kenny, IT IS BY THE BOARD ORDERED that the Decrease Rider for Bond No. 916131 (issued by Highlands Insurance Company) to reduce the bond amount from $105 ,200 to $15,800 for the remainder of the war- ranty period, is ACCEPTED. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, W. N. Boggess, E. A. Linscheid, J. E. Moriarty. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Discovery Bay Corp. Witless my hand and the Seal of the Board of Public Works Director Supervisors affixed this 29th day of July , 1974 �v J. R. OLSSON, Clerk By� U. �� Deputy Clerk Mildred 0. Ballard H 24 5/74 -12.500 _ DECREASE RIDER A/P $158.00 To be attached to and foru a part of Subdivision TiTip`_"nVem P_' CorU iiy Bond No. '916131 dated the 5th day of June 1972 issued by the HIGHLANDS INSURANCE COMPANY , as Surety on behalf of DISCOVERY BAY CORPORATION as Principal, and in Favor Of COUNTY OF CONTRA COSTA, CALIFORNIA , In condiseration of the premium charged for the attached bond, it is hereby agreed that the attached bond be amiaended as follows: WEEREAS, .the above described bond was filed in the amount of ONE HUNDRED FIVE THOUSAND TWO HUPIDRED AND N0/100THS Dollars ($ 105, 200.00 } as above described (with subsequent amendments amending the amount of said bond to Dollars WHEREAS, said Principal has now been requested to decrease the penalty of said bond to the sum of FIFTEEN THOUSAND EIGHT HUNDRED AND NO/100THS Dollars ($ 15,800.00 ) T IEREF ORE, it is agreed between the Principal and the Surety that the amount of the said Subdivision Improvement Security bond heretofore filed, scall be, and the same is hereby decreased to the su.'r, of FIFTEEN THOUSAND EIGHT HUNDRJ�911ars ($ 15,800.00 ) • Provided, however, that :.he attached bond s=hall be subject to all its agreements, limitations and conditions except as herein expressly :modi- fied, and furt:.er that the liability o� the Surety under the attached bond as amended by this rider shall not be cumulative. This rider shall become effective as of the 5th day of June 19 74 Signed, sealed and dated this 18th day of June 1974 . HIGHLA1, S SURANCE COMPANY By ;6� / B..... DaVz or ev-in-fact DISCO Y BAY CORPORATION In the Board of Supervisors of Contra Costa County, State of California AS EX OFFICIO THE GOVERNING BOARD OF CONTRA COSTA COUNTY SANITATION DISTRICT NO. 1.9 June 5 1974 In the Matter of Accepting Sanitary Facilities, Water Distribution System, and Appurtenances Thereto to Serve Certain Subdivisions, Brentwood Area. On motion of Supervisor W. N. Boggess, seconded by Super- visor J. P. Kenny, IT IS BY THE BOARD ORDERED that the sanitary facilities, water distribution system, and appurtenances thereto installed to serve the following subdivisions, are ACCEPTED: No. 4205 - Agreement dated May 30 , 1972 ✓No. 4206 - Agreement dated July 18, 1972 No. 4086 - Agreement dated December 14, 1971 The foregoing order was passed by the following vote of the Board: 7. AYES: Supervisors J. P. Kenny, A. M. Dias, W. N. Boggess, E. A. Linscheid, J. E. Moriarty. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date oforesaid. Witness my hand and the Seal of the Board of cc: Public Works Director Supervisors Environmental Con'-rol aSxed this 5tR day of June 1974 County Audit-or JAMES R. 011-550N, Country Clerk County Administrator 01 Deputy Clerk •fildred 0. Ballard H 24 5/73—1511 a I When Recorded Return 15 197 Clerk, • Board of Supe sors ^', 701 ��497 Room 103, Administration Bldg. RI!.! �,rc 30159 RECORDED.AT REQUEST OF CONTRA CQSTA Lou"n APR 151944ja to �30 O'CLOCK ! M. CMIM COSTA COUNTY RECORDS J. R. OLSSON ,-4 IN THE BOARD OF SUPERVISORS COUNTY RECORDER OF tCONTRA COSTA COUNTY, STATE OF CALIFORNIA; OF F L m In the Matter of Completion of ) o Improvements and Declaring ) ¢, Certain Roads as County Roads, RESOLUTION NO. 74/292, :^ (Subdivision 4206 Discovery 1- Bay Area. ) t O 0 +; WHEREAS the Public Works Director having notified this Board that construction of improvements in Subdivision 4206, Discovery Bay area, has been satisfactorily completed (with the o exception of some landscaping for which a $3,500 cash bond, 'Auditor's C3 Deposit Permit No. 115592 dated March 20, 1974, has been deposited to � insure correction of said deficiency) as provided in the agreement o heretofore executed by this Board in conjunction with the filing of +' the subdivision map; U as moo, NOW, THEREFORE, BE IT RESOLVED that the improvements in the followi4 subdivision have been completed for the purpose of estab- lishing a terminal period for filing of liens in case of action under said Subdivision Agreement: 4-3 m `Subdivision Date of Agreement 4206, Discovery Bay area June 7, 1972 o (Highlands Insurance Company - Bond No. 916131) 4p, BE IT FURTHER RESOLVED that the $$500 cash deposit as surety 0 (Auditor's Receipt No. 100562 dated July 5, 1972) be RETAINED for one year pursuant to the requirements of Section 94-4.406 of the Ordinance Code as amended. C bJ1 BE IT FURTHER RESOLVED that the hereinafter described roads, -P , having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted q-40 and declared to be County roads of Contra Costa County: U2 W z RIVE LAKE ROAD (40/60/0.12) DOUBLE POINT WAY (36/56/0.19) CD m NORTH POINT (36/56/0.17) � o SOUTH POINT (36/56/0.29) o M U � as shown and dedicated for public use on the map of Subdivision 4206 100 filed July 6, 1972 i:n rook 148 of Maps at Page 1, Official Records CD o of Contra Costa County, State of California. 0 ,1 0 -P PASSED AND ADOPTED this 25th day of Ilarch, 1974, by the fol- P4P m lowing vote of the Board: I U m W. (D AYES: Supervisors J. P. Kenny, A. M. Dias, 111-14, W. N. Boggess, E. A. Linscheid, J. E. Moriarty. 14% NOES: None. ABSENT: None. CERTIFIED COPY I certify that tills Is a full, true ti correct copy of the orJiinal document which is on file in mS office. Q and that it vas passed K. ariopred Ay the Board of nP"rrlaora of Contra "r?'4" County. Callfornla, on the dnte shorn. ATTFcT: J. R. [1 RESOLUTION NO. 74/292 Clerk .e ezoI SSO�, County fficlo Cie of said Board of Supervisors, cc: Recorder by D putt'Cl rk Public Works Subdivider END OF DOCUMENT . r Return to Clerk, APR —1 I974 60-7190-w,697 Board 'of Supervisors Room 103, 'Administration Bldg. RECORDED AT REQUEST OF 2 A"i CBIYIRA COSTA mm AT 0217 M. CONTRA CMA COUNN REMM IN THE BOARD OF SUPERVISORS I R. OLSSON �/ OF COW" ORDER ✓CONTRA COSTA COUNTY, STATE OF CALIFORNIAFM S OFFL In the Natter of Completion ) of improvements and declaring ) certain roads as _ County ) RESOLUTION N0. 74/292 roads, Subdivision 4206,,; ) Discovery Bay Area. WHEREAS the Public Works Director having notified this Board that const--action of improvements have been completed in Subdivision 42061, Discovery Bay area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement --:4206* Discovery Bay Area June 7, 1972 :. (Highlands Insurance Company — Bond No. 916131) x: BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 100562 dated July 5, 1972 ) be RETAINED for one year pursuant to the requirements of Section ;'@of the Ordinance Code as amended. 94— .406 BE IT FURTHER RESOLVED that the hereinafter described road , having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be County road sof Contra Costa County: RIVERLAKE ROAD (40/60/0.121 DOUBLE POINT v,AY (36/56/0.19 FORTH POINT 36/56/0.17 SOUTH POINT 36/56/0.291 as shown. and dedicated for public use on the, map of Subdivision 4206 filed July 6, 1972 in Book 148 of Naps at Page 1, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 25th day of Karch , 1974 , by the following vote of the Board: — AYES: Supervisors J. P. Kenny, A. N. Dias, W. IT. Boggess, E. A. Linscheid, J. E. MoriartyF NOES: None. � q ABSENT: ?'done. CERTIFIED COPY T rrrtifv that thi+ is a rail, true & correct copy et the orleinai docun"at which is on file in my office, nrii that it %vas MiSeNd .0 adopted by the hoard of of enntra C'o tr Ccuaty, California on RESOLUTION 110. 74/292 the datF shown. yTTFST• J. n. OLSS:0�.. County- Clerk ountyCiera F_-es•off elo Clerk of said Board of Superrisor3. cc: Recorder by Deputy Cleric. Public I:rorks SNIlVIi Y ides f_� _ ✓�NL __ on END OF DOCUMENT s In the Board of Supervisors of I 1 Contra Costa County, State of California J AS EX OFFICIO THE GOVERNING BOARD OF CONTRA COSTA COUNTY SANITATION DISTRICT NO. 19 July 18 19 j lii flue Matter of Approval of Agreement for Construction of water and Sewer Facilities, Subdivi- sion 42061, Brentwood Area., Work Order 5495. WHEREAS the Board has been presented with an agreement between Contra Costa County Sanitation District No. 19 and Discovery i Bay Corporation, developers of Subdivision 4206, Brentwood area, providing for the construction of water and sewer facilities, as ' more particularly set forth in said agreement; and WHEREAS said agreement is accompanied by surety bond (No. 916132) issued by Highlands Insurance Company in the amount of $89,837 for Faithful Performance, and $89 .837 for Labor and Materials, 4 NOW, THEREFORE, on the recommendation of the Public Works Director and on motion of Supervisor A. M. Dias, seconded by Super- visor J. P. Kenny, IT IS BY THE BOARD ORDERED that the aforesaid agreement is APPROVED and Supervisor E. A. Linscheid, Chairman, is AUTHORIZED to execute same in behalf of the County. the Board:The foregoing order was passed by the following vote of AYES: . Supervisors J. P. 'Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. NOES: None. ABSENT: None. i { 1 I hereby certify that the foregoing is a true and correct copy of on order entered on the minvMs of said Board of Supervisors on the dote aforesaid. cc: Public Works (2) Witness my hand and the Seal of the Board of Sewage, Waste & Water Supervisors Auditor affixed this 18th day of July . 1972 Planning W. T. PAASCH, Clerk Health Department Subdivider ByAZ1.,e1.1 &Zu Deputy Clerk Discovery Bay Corporation Mildred 0. Ballard 995 ,Treat Blvd. , Suite D-2 Concord, California 94520 IN THE BOARD OF SUPER[rISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract:4206, Brentwood Area. � . RESOLUTION N0. 72/441 WHEREAS a map entitled Tract 4206 property located in the Brentwood area, having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1971-1972 tax lien has been paid in full, and a tax bond has previously been filed on Tract 4205 which includes Tract 4206, hence no fur- ther 'bond is required for the 1972-1973 tax; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to. guarantee the com- pletion of road and street improvements as required by Divi- sion 40 Title 8, of the County Ordinance Code; Surety Bonds issued by Highlands Insurance Company with .Discovery Bay Corporation as principal, as follows: Bond No. 916131 in the amount of $104,700 for Faithful Performance, and $105,200 for Labor and Materials; Cash deposit in the amount of $500; f f ' Subdivision agreement between Discovery Bay Corcoran. i subdivider and the County of Contra Costa, wherein said sub iv ider -agrees to complete road and street improvements, etc. , in. said subdivision within 1 year from the date of said agreement; RESOLUTION NO. 72/441 t J _L- 1 Form #23; 70-4-500 - - f f NOW, THEREFORE, HE IT RESOLVED that said bonds and deposit and the amounts thereof be and the same are hereby APPROVED. BE IT FitRTNER RP-SOL«D that said subdivision agreement be and the same is hereby APPROVED and the Vice Chairman of this i Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements shown thereon as dedicated to the public. BE IT FURTHER RESOLVED that the requirement to execute a bonded agreement for the four-lane construction of Discovery Bay Boulevard (which agreement shall be a requirement for the filing of. the final map for Subdivision 4207) is hereby 4:AIVED. PASSED AND ADOPTED this th day of July ._,' 19_Z2 by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess. NOES: None. ABSENT: Supervisor E. A. Linscheid. cc: Public Works (2) Planning Subdivider Veronica Development Corp. ' 1100 Gough Street San Francisco, Calif. 94109 RESOLUTION N0, 72/1{41 Form #23;:. 70-4-500 CERTIFIED COPY I certify that this is a full, true & correct copy of the original document whica is on file in my office, A. and that it was pasa=d & adopted by the Board of Superyixis of Contra Coa. County. California, on j tie crate show-n- ATi ZST: W. T. PAASCH, county j i derk&ex-offl-io clerk cf said Eoard of Supervisors, t by. deputy clerk. x PUBLIC WORKS DEPARTMENT VICTOR SAUER CONTRA COSTA COUNTY DEPUTY PUBLIC WORMS DIRE=OAS PUB LiC WORKS DIRECTOR F. R. BROWN 6TH FLOOR, ADMINISTRATION BUILDING R. D. BROATCH CHIEF DEPUTY PUBLIC WORKS DIRECTOR MARTINEZ. CALIFORNIA 94333 VERNON L. CLINE TELEPHONE 228-3000 R. M. RYGH RECEIVED (RM. It5 COURT HOUSE) July 5, 1972 AL L o 1972 W. T. PAASCH HP - Subdivision 4206 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. By Deputy Honorable Board of Supervisors Administration Building Martinez, CA Gentlemen: There is submitted for your approval the map of Subdivision 4206 in Supervisorial District V in the Brentwood area. Accompanying this map and pertaining thereto are the following docu- ments: 1. Subdivision Agreement. Expiration date of one year time limit for com- pletion is July 5, 1973. 2. Performance Bond in the amount of $104,700. This Bond, together with a $500 cash deposit (Auditor's Receipt No. is not available yet), is to guarantee completion of road and street improvements as required by the County Ordinance Code. 3. Labor and Materials Bond, in the amount of $105,200. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1972-73 tax, which became a lien on the first Monday of March, 1972 has been previously bonded. The map is submitted for filing by Financial Title Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAUER Pub irks Director Y BJK:ed aul E. Kilkenny cc: Financial Title Company Assistant Public Works Direc r Planning Department Highway Planning Construction Division EDWARD W.LEAL ALFRED P.LOMELI COUNTY TREASURER-TAX COLLECTOR ASSISTANT COUNTY TREASURER- TAX COLLECTOR First Installment of Taxes TAX COLLECTOR'S OFFICE First Installment of Taxes Due and Payable Delinquent on the First ay of November CONTRA COSTA COUNTY on the Tenth ay of December Second Installment of Taxes Second Installment of Taxes Due and Payable MARTINEZ, CALIFORNIA Delinquent on the First Day of February Phone 228-3000.Ext.2385 on the Tenth ay of April May 23, 1972 IF THIS TRACT IS NOT FILED BY OCTOBER 31, 1972, THIS IETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 4206 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1971-72 tax lien has been paid in full. The property inluded in this tract is a portion of a larger parcel, a portion of which is included in Tract 4205. A tax bond has previously been filed on the entire parcel so no further bond is required for Tract 4206. EDV ARD W. LEAL Tax Collector By Deputy m HIGHLANDS INSURANCE COMPANY ' HOUSTON, TEXAS GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Highlands Insurance Company,a corporation,duly incorporated under the!aws of the State of Texas,doth hereby constitute and appoint B. E. Davis of the City of San Francisco ,State of California ,to be its true and lawful attorney-in-fact for the following purposes,to-wit: To sign its name as surety, and to execute, seal and acknowledge any and all bonds, recognizances, obligations, stipulations, undertakings or anything in the nature of the same,and to respectively do and perform any and all acts and things set forth in the appended resolution of the Board of Directors of the said Highlands Insurance Company;provided, that the penal sum of no single one of such bonds, recognizances, obligations, stipulations or undertakings shall exceed the sum of Unlimited Dollars (S Unlimited ),the Company hereby ratifying and confirming all and whatsover the said attorney-in-fact may lawfully do in the premises by virtue of these presents,but reserving to itself full power of substitution and revocation. IN WITNESS WHEREOF, the said Highlands Insurance Company,pursuant to a resolution passed by its Board of Directors, at a meeting held on the Sth day of April, A.D., 1963, a certified copy of which is hereto annexed,has caused these presents to be sealed with its corporate seal, duly attested by the signature of its President; Vice Presidents and Secretary this 5th day of April , A.D. 19—Z-2 . ^Vt-v, 1. HIGHLANDS INS U CE COMPANY By Secretary Vice President STATE OF TEXAS COUNTY OF HARRIS, CITY OF HOUSTON. On this 5thday April in the year 19—before me personally came Curtis B. Roberts to me known, who, being by me duly sworn, did depose and say: That he resides in Houston,Texas;that he is Vice-President of the Highlands Insurance Company, the corporation described in end which executed the above instrument; that he knows the Seal of said corporation; that the Seal affixed to said instrument is such corporation Seal; that it was affixed to such instrument by and under authority conferred by the Board of Directors of said corporation;and that he signed his name thereto by like authority. ,•�+• tj,� dUAJ AM.4� Fb ?D: Notary Public,Harris County,Texas RESOLUTION RESOLVED, that his Company do, and it hereby does authorize and empower its President or any one of its Vice Presidents, in conjunction with any one of its Secretaries or any one of its Assistant Secretaries, under its corporate seal, to execute and deliver or to appoint any person or persons as attorney-in-fact or attorneys-in-fact, or agent or agents of this Company, in its name and as its act, to execute and deliver any and all contracts guaranteeing the fidelity of persons holding positions of public or private trust, guaranteeing the performance of contracts other than insurance policies and executing or guaranteeing bonds and undertakings, required or permitted in all actions or proceedings, or by law allowed; and, in its name and as its attorney-in-fact or attorneys-in-fact, or agent or agents, to execute and guarantee the conditions of any and all bonds, recognizances,obligations, stipulations,undertakings or anything in the nature of the same, which are or may by law, municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States, or by the rules, regulations, orders, customs,,practice or discretion of any board, body, organization, office or officer, local municipal or otherwise, be allowed, required or permitted to be executed, made, taken, given, tendered, accepted, filed or recorded for the security or protection of, by or for any person or persons, corporation, body, office, interest, municipality or other association or organization whatsoever, in any and all capacities whatsoever, conditioned for the doing or not doing of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation or undertaking, or anything in the nature of the same; the nature, class or extent of the instruments so authorized to be specified in such power of attorney. FURTHER RESOLVED, That the signature of any of the persons described in the foregoing resolution may be facsimile signatures as fixed or reproduced by any form of typing,printing,stamping or other reproduction of the names of the persons hereinabove authorized. I R. E. Plack , Secretary of Highlands Insurance Company,hereby certify that at a meeting of the Board of Directors of said Company, duly called and held at the office of the Company at the City of Houston, on the 5th day of April, A.D. 1963, at which was present a quorum of said Directors,duly authorized to act in the premises, resolutions were passed and entered on the minutes of said Company, of which resolutions the foregoing is a true copy and of the whole thereof. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of Highlands Insurance Company, this 5th day of April ,A.D. 1972 s, f/V iii SeC[etstY STATE OF TEXAS COUNTY OF HARRIS I, R. E. Plack , Secretary of Highlands Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Highlands Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the seal of said Company in the City of un Houston,Texas, this 5th day of Je , A.D. 19—�2 Secretary I L E D W. T. PAASCH CLERK BOARD OF SUPEAV15'RE CONTRA lQOSTA X001�f'�' By/izj,,C.�..Lifi!�T Lt. Cn SUBDI AGREEMEr1T (§1) Subdivision: 4206 (§1) Subdivider: Discovery Bay Corporation (B. & P. Code §§ll6Zl-Z2) a corporation 1 Effective Date : June 7, 1972 (Contra Costa County (§1) Completion Period:CHE YEAR Standard Form; 8-67) (§4) Deposits : A. (cashT $500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $104,700.00 2. (labor,materials)$JL05.200•0- Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants , and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Nap Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance, Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement , Subdivider shall, pursuant to Bus. & Profs . Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . B. Bonds, etc. : (Z - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost , securing payment to the contractor, to his subcontractors , and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised In Section 2 ; and if, at any time before the County' s resolution of completion for the subdivision, the improvement plan proves to be inadequate in any respect, Subdivi- der shall make changes necessary to accomplish the work as promised. -1- 6. No Waiver by County, . Inspection of the work and/or materials , or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement , or acceptance of the whole or any part of said work and/or materials , or payments therefor, or any combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemrtitu. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceedings) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s ) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters . 8. Costs. Subdivider shall pay when due all the costs of the work, inclu ing inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. 10. Nonperformance and Coss. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements , Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements, the subdivision is annexed to a city, the County may assi-,n to that city the County's rights under this agreement and/or any deposit or bond securing them. Z2. Record Map. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances . -2- . s COU 0 FCQM&;i SUBDIVIDER: (see note below) DISCOiVERY BAY CORPORATICK,. a By corporation Vice C 8oa pervisors 1 8Y ATTEST: W. T. PAASCH, County Clerk Designate official capacity ln. the- & ex officio Clerk of the Board business) By r. L `2�� _r r Note to Subdivider: (1) Execute Deputy acknowledgment form below; and (2) If a corporation, attach a certified copy of (a) the bylaws FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board County Counsel of Directors, authorizing execution of this contract and of the bonds required hereby. Deputy • • • • • • a • • • a � a a • a • • a • • a • • a • a a • • a • • • • • • • • • • • • • a • State of Caali,fornia �,/ ) ss. (Acknowledgment by Corporation, County of ' �L.t, C�cc.au ) Partnership or Individual) On the person(s) whose name(s) is/are signed above for Subdi.%`der and who is known to me to be the individual and officer or partner as stated abo&' who signet; this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executedJLWM its• owl Mr Notary Public for said County and State (Subdiv. Agrmt. CCC Std. Form) (HP-9; Rev. 9-69; 200) -3- 00 CERTIFICATE I, JEANNE MORANO, Assistant Secretary of Discovery Bay Corporation, a California corporation, do hereby certify that the follow- irtg is a true and correct copy of a resolution adopted by unanimous written consent of the Directors of said corporation, pursuant to said corporation's By-Laws on June 6, 1972; that sail:1 resolution has not oeen rescinded or repealed and is in full force and eff ect and that said resolution is in accord with the By-Laws and Articles of Incorporation of said corporation; RESOLVED, that Ronald W. Doll, or Lewis N. McKinney or Howard R. Bru � be and they hereby are authorized, on behalf of this corporation, to execute all documents and do all things required by all Municipal Agencies and the Real Estate Cornmiscioner of the State of California, for the purpose of obtaining subdivision maps, governmental clear- ance and a r--,blic report from said Commissioner for Subdivision 4206 in Contra Costa Ccunty. IN WITNESS WHEREOF, I have hereunto subscribed my name this ' 6th day of June, 1972. Jeanne Morano Assistant Secretary f x S i t STATE OF CALIFORNIA coulffY OF CORtra cAnta SS' a June 7, 1972 t'9 ow.the undersig .s Nowt' lWic in and fw sad Ronaldsate porows hr appeased W. ppjl n ko"M is me so be tbe Preaidest, of the cav motion fMet eseewi dw within 6owww e.t. known to ow to he the pereom who executed the witkin Iustru.eut on hehaN of the corporation therein named. and acknowledged to am that such corporation executed the within instraoeat pur ou to its by-laws or a revolution of its Moes of direetom ITTMESS iaf, and oieid cent • e www n-04a,mot,wIfthwevook 6% 98M Viola M. Olson Naos (Typed or Printed) :n STATE OF California COUNTY OF San FrdriCiSCO On this day of jime f4 _ before me, a Notary Public, within and for said County and State, personally appeared R_ R_ Davis tome personally known, who being duly sworn, upon oath, did say that he is the Agent and/or Attorney-in-fact of and for the HIGHLANDS INSURANCE COMPANY, a corporation created, organized and existing under and by virtue of the laws of the State of Texas that the Corporate seat affixed to the foregoing within instrument is the seat of said Company, that the seat was offixed, and the said instrument was executed by authority of its Board of Direc- tors,and the saidDavis did acknowledge that he executed the said instrumen a fie act and deed of sai�Compo f (SEAL) Not y Public / �r r • 81010 My Commission expires (/ ~( i Bond ,- 916131 - I;*iYROVBt:iTijNT SECURITY n -�7 PremiLun: :$1,587.00 s (FaithfuZ Perfoi,mance C. Mcrintenance, AND Labor Materia Zs) (Calif. Bus. P2,of. Code §ZZ612; Contra Cost: County Standard Forr,,) (PVi;:ciP a7.J DISCOVERY BAY CORPORATION, a corporation 'as Principal, and s{-ll IJIGBLANDS INSupANcE C0WANX a corporation organi::ed and existing under the lasts of the State of TEXAS and authorized to transact surety business in California,as Suety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance. & Maintenance) ONE HUNDRED FOUR THOUSAND SEVEN HUNDRED AND NO Dollars (fi104•10O.00 ) for itself or any City-assignee under the below-cT ed subdivision contract, plus (B - Labor & Materials) ONE HUNDRED FIVE THOUSAND TWO HUNDRED AND NO Dollars ($105,200.00- for $105,200.00 for the benefit of persons protected under Cal. Bus. &Prof.Code j11612. 2. RECIT14L.4'. The Principal contracted with the County on June 7, 1972 to install and pay for street, drainage, and other improvements in Subdivi- sion No. 4206 , as per map now being filed with the County's Recorder, and to complete said work within from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him actor ing to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the nremn ises from clai,:ls of such liens, then this obligation as to Section 1-(B) above shall becoi:ie null and void; otherwise this obligation remains in full force . and effect . No alteration of said contract or any plans or specifications of said wovk agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to- make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will 15ay reasonable attor- ney fees fixed by court to be- taxed as costs and included in the judgment. SIGNED AND SEALED on June 5th. 1472 1 P^r.I1,?(CIPALSURETY DISCOVERY RAY CORPORATION, a • _ corporation _ HIG S SURANCE COMPANY t By By s' Attorney-in-fact- t State of California ss, County of ) (ACKNO �1 ?IT BY SURETY) On , the persons) whose name(s) is/are signed above for Surety and who is known to me to be the Attorneys)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Surety and his/their own name(s) as its Attorney(s)-in-Fact. Notary Public for said County a d �S%- e (Imp. Sec. Bord, CCC Std..For-�?) (i?P-15;Rev. 8-67; 200) IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA September 24 1974 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4210, Shore Acres ) Area ) } Deposit: $500 ) Auditor's Permit No. 99450 ) Dated May 22, 1972 ) Refund to: ) Earl W. Smith Developers ) 11000 San Pablo Avenue ) E1 Cerrito, California 94530 ) On April 30, 1973 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. The foregoing order was passed by the following vote of the Board: AYES : Supervisors A. M. Dias, W. N. Boggess E. A. Linscheid, J. E. Moriarty. NOES: None. ABSENT: Supervisor J. P. Kenny I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 24th day of SeRtember , 1974 ft{)WXAXh�WM CLERK cc : Public Works (2) J. R. OLSSON, Subdivider By J�� I��s.L , Deputy Clerk Mildred 0. Ballard a RECORDET AT REQUEST OF 41690 COSTA COUNTY _ WHEN RECORDED RETURN 70 ��- _ �,'/t1'k • Ord �'r 4�„ rs MAY -3 1973 J ac�OCK973PM. CoSrA COWFIV Kem e W. T. PAASCH I : THE BOARD OF SUPERVISORS 0OUNW RECORDER {� OF :a //C_NTRN COSTA CMNTv, STATE OF -CALIFO;-:"-As �'Ir the :'=iter o- Como"eti on ) Of :ements and declaring ) C^ 'l:ain road, as _ Courts' ) RESOLUTION, i�0. ?3/305 Suc•aivisTon ';210, ) t:es . Pittsburg Area. ) ) WFEREAS the Public Works Director .havinnotified this 5--a.d that the construction of rJ, ii-lprover,.ents have been completed in(Subdivi sion 4210) (lest Pittsburg area, as provided in the agree,-ment heretofore executed by this Board in conjunction with the filing of- the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: _ Subdivision Date of Agreement 4210 , West Pittsburg area May .23, 1972 CTransamerica Insurance Company - Bond No. 5260-31-70) BE IT FURTHER. RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 99450 dated May 22, 1972 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described road, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and. the same are accepted and declared to be _ County roads of Contra Costa County: -' RIVERSIDE !DRIVE (30/56/0.043) ANCHOR !DRIVE (40/60/0.179) as shown and dedicated for uublic use on the map of Subdivision 4210 i?ed :'•lay 24 , 1972 in Book 146 of haps at Page 42, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 3�0 day o' A-ir_1 197 _ —_ Qom.' the following vote of the Board: '-%YL'S. SU--_erv;Sor S J. P. 1enny,, J. E. 1.'ioria' t", ? . _1A1i% .7:1C `V Supe:-:isor :i. P^ J�- CERTIFIED COPY ''j I certify that rias 13 a full, true & correct copy of tl:e ori=`::yl cloy:::a`a w':i^� is on file Ln my offlce," ural ti: t v. • t , ± :,.e mrd of CC: ReCOI'C.�3' u: cl, -a C::.c, Cz s.;:y, California, on L: i 1 : ,rile uatc sh '1* _1�;':::3'F: w. '.r. P�1::cFI, county Sub-divider :1crzi�11-otii�lo c;e:.,of said Board of Supervisors. PUbI iC :,OrkS D-' ' for uy deputy clerk. END OF DOCUMENT fir on In the Board of Supervisors of Contra Costa County, State of California July 5 197 . M the Matter of Authorizing Execution of "Grant of Easement" with respect to Subdivision 4210, West Pittsburg Area. On the recommendation of the Public Works Director and on motion of Supervisor J. E. Moriarty, seconded by Supervisor J. P. ' Kenny, IT IS BY THE BOARD ORDERED that Supervisor A. M. Dias, Vice Chairman, is AUTHORIZED to execute a document entitled "Grant- of Easement" submitted by the East Bay Municipal Utility District as a condition of approval of Subdivision 4210, West Pittsburg area, said easement granting the right to construct and use the southerly - extension of Anchor Drive. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, J. E. Moriarty, W. N. Boggess, A. M. Dias. NOES: None. ABSENT: Supervisor E. A. Linscheid. 1 hereby certify that the foregoing is a true and correct copy of on order entered on the mbwtes of said Board of Supervisors on the date aforesaid. c c: E.B.M.U.D. (via P.W.) Witness my hand and the Seal of the Board of Public Works (2) Supervisors affixed this 5th doy of Jul: , 19 ZL' C�}� W. T. PAASCH, Clerk. By //�Ll - Deputy Clerk Mildred 0. Ballard' Lounty of Contra Costa And When Recorded I•;ail To: County of Contra Costa Martinez, California 94553 Space above this line for Recorder's Use GRANT OF EASEMENT THIS INDENTURE, made and entered into this day of , 19T_, by and between EAST BAY -1'•iO3dICIPAL UTILITY DISTRICT, a public corp- oration organized and existing under the lams of the State of California, hereinafter called Grantor, and COM14TY OF CONTRA COSTA, a political sub- division of the State of California, hereinafter called Grantee, WITNESSETH: THAT the Grantor, for a good -and valuable consideration, the receipt . and sufficiency r:hereof are hereby acknowledged, and of the faithful performance and observance by Grantee of all of the covenants and agree-- ments herein contained, does hereby grant, subject 'Co all of the terms and conditions hereof, to Grantee an easement for the construction, re- construction, main.-enance;removal and use of a public street or road, together with the necessary appurtenances thereto, all hereinafter referred to as "the structures', within the boundaries of that certain real property described in Exhibit "A" attached hereto and made a part hereof. THE EASEI4ENT above -mentioned is granted by Grantor and accepted by Grantee upon the following terms and conditions, and Grantee does hereby covenant with Grantor as follows: 1. Grantee hereby acknowledges the title of Grantor in and to the real property above described and agrees never to assail or to resist said title, 2. The construction, reconstruction, maintenance, removal and use of, and all work upon or in connection with the structure shall at no time and in no way whatever interfere with the operations of Grantor; the location of the structure, the construction, reconstruction, main- tenance and removal thereof and all i•.ork in connection therewith shall. be-done and made under the supervision and to the satisfaction of Gran- tor, and the construction, reconstruction, maintenance, removal and use of the aqueduct, pipe lines and other facilities or improvements of Grantor, present or future, upon said real property shall at all times be paramount to any rights of Grantee under this indenture. u ( .�c.L4�'. -�' 1 ,.mss fir.--r•. ' -�'- .. • n 3. Upon completion of any of its i•:orks, hereunder. Grantee shall promptly restore as near as nos-sible the surface of the ground to the condition in which it was prior to the commencement of said work and leave said real property in a clean and presentable condition, free from waste. 4. Grantee agrees to indemnify and save harmless Grantor from and against any damages or loss due to corrosion of Grantor' s aqueducts or pipe lines, present or future., caused by electrical currents flowing between the structure and the aqueducts or pine lanes of Grantor; and Grantee shall not make any physical connection or bonding whatsoever between said aqueducts or pipe lines of Grantor and the structure with- out first having obtained the written permission of Grantor so. to do. 5. Grantee agrees to indemnify and save harmless Grantor from and against any and all loss, damage, liability expense, claims or demands - of whatever character, direct or consequential, including injuries to agents or employees of Grantor, directly or indirectly contributed to or caused by the construction, , reconstruction, maintenance, removal or use. of the structure. 6. Grantee agrees to assume all risk of damage to the structure: and to any other property of Grantee or any property under the control or custody of Grantee while upon the property or rights of way of Gran- for or in proximity thereto, caused by or contributed to in any way by the construction, reconstruction, operation, maintenance, repair or use of aqueducts, pipe lines, or other facilities or improvements or roadways of Grantor, present or fixture. 7. Except in case of ordinary maintenance and emergency repairs, Grantee shall give to Grantor at least ten (10) days' notice in writing before entering upon the real property hereinabove described for the purpose of constructing, reconstructing, repairing or removing the struc- ture or performing any work on or in connection with the structure or the operation. thereof. 8. All rights herein granted to Grantee are subject- to all existing rights, rights of wray, reservations and easements by whomsoever held in and to said real property. 9. No rights of Grantee hereunder shall be transferred or assigned unless the written consent of Grantor is first secured. With that ex;- eeption, this indenture and each and all of the covenants herein con- tained shall inure to the benefit of and be binding upon the successors and assigns of the respective parties hereto. 10. If Grantee shall fail to construct the structure and place it in operation within a period of two years after the date hereof, or shall at any time abandon the structure or any portion thereof, or fail to use the structure for the purposes for which this casement is granted, t en -2- all rights of Grantce in and to --a-id real pre,,cr.y or such nort'J.ons thereof so abandoned or not so uz.(_-d shall tner-.:�upon cease and terminate and title thereto ;Nall revert to and vest in Grantor. Upon any termination of the rirh.ts of Grantee hereunder, Grantee shall at Grantee' s expense , promptly upon rcq::e:;t by Granter so to do, remove the structure from said real property and restore said real property to its original condition; upon' failure of Grantee so to do, said work may be performed by Grantor at Grantee ' s expense, which expense Grantee agrees to pay to Grantor promptly upon demand. 11. Prior to its construction of said public road, Grantee shall install a _ protecti concrete pad over Grantor' s Mokelumne Aqueduct lines in accordance with the design as sho.n on Grantor' s Drawing No. 6221-G, Anchor Avenue Crossing, Subdivision 11210. 12. No utility facilities, structures, equipment, pipes, wires, cables or conduits shall be placed, erected, installed or constructed by Grantee or be permitted by Grantee to be placed, erected, installed or constructed within the hereinabove described parcel of land unless the written consent of Grantor is first obtained; and no poles or totters, guys or other appurtenances for the support -of wires, cables or conduits shall ever be placed or erected by Grantee or be permitted by Grantee to be placed or erected on said parcel of land. 13. The constrraction, reconstruction, maintenance and �use of said public road over said parcel of land hereinabove described shall in no way interfere with Grantor' s rights of access across said road. Grantee agrees at its expense to construe for Grantor' s vehicular use a drive- way on each side of said public road as directed by Grantor. Grantee shall provide depressions in the curbs for said drive trays; the depres- sions to be a minimum width of twelve (12) feet. 14. Grantee shall install two-rail wooden traffic control fences, including ffarina gates, across Grantor' s Mokelumne Aqueduct property. The location of said fences and gates to be determined by mutual agreement between Grantor and Grantee. IN WITNESS I-MEREOF, the parties hereto have executed this indenture, in duplicate, the day and year first above written. EAST BAY MUNICIPAL UTILITY DISTRICT BY BY Pre siaent . Grantor Secretary ATTEST: COUNTY OF CONTRA COSTA, a Political Subdivi�i - to of Calif. W. T. PAASCH, Cleric BY BY: ltCi�lc.� C� JCJd_��5 Vice Cc!(A of `':e rg - o Supe:vis- Deputy Clerk ors of said County of Contra Costa, State of California. KWA/mlh Grantee 4-25-72 -3- EX1IBIT "A" ALL that real property situated in the County of Contra Costa, State of- California, described as follows: A PORTION of the Southwest Quarter of- Section 10, Township 2 North, Range 1 West, Mount Diablo Base and Meridian, more particularly . described as follows: COMMENCING at the Southwest corner of Lot 1, Subdivision 4111, as delineated on the Map of Subdivision 4111, filed on May 5, 1971, in Book 136 of Miaps at Pages 44 through 46, in the Office of the Recorder of Contra Costa County; thence from the Point of Cormnancement, South 10° 13' 13" East, 233091 feet; thence South 030 55' 00" West, 423,00 feet; thence South 2114' 11" West, 143.77 feet to a point on the northeasterly line of that parcel of land described in the Bred to--- East Bay Municipal Utility bistrict; recorded September 28, 1926 in Book 57 of Official Records of Contra Costa County, at Paine 69; thence South 580 33' 55" East along said northeasterly line (57 OR 69) , 145.00 feet to the True Point of Beginning of .this description; thence from said True Point of Beginning, South 580 33' 55" East along said northeasterly line (57 OR 69) , 62.27 feet; thence leaving said north- easterly line, South 15° 55' 00" @test, 103.78 feet 'to a oint on the southwesterly line of aforesaid parcel of land (57 OR 69�; thence North 58" 33' 55" West, along said southtresterly line, 62.27 feet; thence leaving said southwesterly line, North 15° 55' 00" East, 103,78 feet to the True Point of Beginning. BEARINGS AND DISTANCES. are based on the California Coordinate System, Zone III. To obtain ground distances, multiply given dis- tances by 1.0000580. r Ti ♦ -T .1 APROV:D M4 10 fCr'M, • e IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 4210, West Pittsburg ) RESOLUTION N0. 72/339 Area. ) WestWpi sour map entitled Tract h210 , property located in the g , having been presented to this Board for approve , said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1971-1972 tax lien has been paid in full, and the 1972-1973 tax lien, which became a lien on the first day of March, 1972, is estimated to be $4,100; Letter from the Public ?,forks Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 8, of the County Ordinance Code; Surety Bonds issued by Transamerica Insurance Company with Earl W. Smith Developers, Ltd. as principal, as follows: Bond No. 5260-31-70, in the amount of $43,600 for Faith- ful Performance, and $44,100 for Labor and Materials; Tae Bond No. 5260-31-71 in the amount of $4,100, issued by Transamerica Insurance Company, guaranteeing payment of 1972-1973 tax; Cash Deposit (Auditor's Deposit Permit No. 99450 dated May 22, 1972) in the amount of $500; Subdivision agreement between Earl W. .td. subdivider and the County of Contra Costa, wherein said subdiv- ider agrees to complete road and street improvements, etc., in said subdivision within1 year from the date of said agreement; RESOLUTION NO. 72/339 Form #23; 70-4-500 NOW, THEREFORE, BE IT RESOLVED that said bond s and deposits and the amounts thereof be and the same are hereVY BE IT FURTN-tM- RBSOL«'D that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreeme t. BE IT FURTHER RESOLtrED that said Map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public sny of the streets, roads, avenues or easewnts shoxa thereon as dedicated to the -oublie. PASSED .AND ADOPTED this 27rd day of by the following vote of the Bei AYES: Supervisors J. P. Kaxnq, A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. NOES: None. ABSENT: None. ac: Public storks (2) Planning Subdivider Fel W. Smith, Devolopers, Ltd. 11000 San Pablo Avenue El Cerrito, California RESOLUTION NO, 72/339 Form #23, 70-4-504 E;��.'f'f1+'.ili;ll GJYY i certify that this is a full, true & correct copy (jj the original dbe"Ynent wbiclj is ran file in and my off,c,. sHaat it was g: 3rlonted l�,•��--tlrtp Boatel r, lIjJE'rLlc(l2'.; of r Cnntr3 vji ti CfJu`ltyrr 4 jl:moo*ni$, or the date shown. ATTEST: W. T. P�AS�H, count, clerk&ev-officio clerk of said Boaz d of Super' , by deputy clerk. ..on �31 r4 PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY DEPUTY PUBLIC WORKS DIRECTORS PUBLIC WORKS DIRECTOR F. R. BROWN 6TH FLOOR. ADMINISTRATION BUILDING R. O. BROATCH CHIEF DEPUTY PUBLIC WORKS DIRECTOR MARTINEZ. CALIFORNIA 94553 VERNON L. CLINE TELEPHONE 228.3000 R.M. RYGH (RM. 115 COURT HOUSE) May 23, 1972 HP - Subdivision 4210 Honorable Board of Supervisors Administration Building Martinez, CA Gentlemen: There is submitted for your approval the map of Subdivision 4210 in Supervisorial District V in the West Pittsburg area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one-year time limit for completion is May 23, 1973. 2. Performance Bond, in the amount of $43,600. This bond, together with a $500 cash deposit (Auditor's Receipt No. 99450 dated May 22, 1972) is to guarantee completion of road and street improvements as required by the County Ordinance Code. 3. Labor and Materials Bond, in the amount of $44,100. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1972-73 tax, which be- came a lien on the first Monday of March, 1972 is estimated to be $4,100. S. Tax Bond, in the amount of $4,100 guaranteeing payment of estimated tax. The map is submitted for filing by Western Title Guaranty Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, EIVED VICTOR W. SAUER Publ' s Director W. T. FA CH �y,�pr( ggAllO*jr WPcoVit10R� �% fP1MTM TA GQoOw /LAG GC'/ aul E. Kilkenny Assistant Public Works Directo BJK:fa Highway Planning cc: Western Title Guaranty Co. Planning Department Construction Division F,aWARD W. LEAL ALFRED P.LOMELI COUNTY TREASURER-TAX COLLECTOR Assistont County Treasurer-Ta:Collector PHONE 228.3000 EXT, 7385 TAX COLLECTOR'! OFFICE FIRST INST.LL.fNT Of Tit[{ CONTRA COSTA COUNTY flR{T tN{Telt.[Nf OF out ♦ND D[LINOUE%r ON TNc=FIRST o�N or or NO NOV[.e[R MARTINEZ. CALIFORNIA ON TN[ TENT. Dor pf ...[.Olin SECOND INSTALLMENT Of TA[[{ {{CONO INST&LLrfNT Of TA[[S DUr AND fftTA{L[ It (]rye OfLINOUrNT ON THE FIRST Day of Fteoua.T May 4, 17(�f- ON THE TENT. D&T .f •fell IF THIS TRACT IS NOT FILED BY OCTOBER 31, 1972 j, THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 1210 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current19_ tax lien has been paid in i%1t. Our estimate of the tax lien,, which became a lien au the first day of MarF,-19'72 is $.4,1�_ UWARD W. LEAL Redemption OffilI�r ` By: / f Depitty dl _ r F L E �y22- PAASCH CLERK DDIIRDCF SUPERVISORS . C N'I•RA/C TA CO, ,T Tv SUBDIVISION AGREEMENT (§I) Subdivision: 11210 P. Code §§ZZ6ZZ-Z2) (§1) Subdivider: Earlm eve opers ,Ltd. • (B. 8 T§1T Effective Date : a7 s 1972 (Contra Costa County (§1) Completion Period: 1 Year Standard Form; 8-67) (§4) Deposits : A. (cash W500- B. (bonds , etc. ) 1. (faithful perf. & maintenance) $ 43..600.00 2. (labor,materials) 1. Parties & Date. Effecti-Te on the abc_e date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Imoroyerer.ts. Subdivider shall construct , install and complete road and street imorovements, tract drainage , street signs, fire hydrants , and all improvements as required by the County Ordinance Code, especially Division 4 of Title -6 _'Sections $400 and following" and including future amendments , and all improvements required in the approved improvement :clan of this subdivision on file in the County's Public Works Department . Subdivider shall complete this work and improvements- (hereinafter called "work" withi.n the above comaletion period from date hereof as required by the Califf. Subdivision Map Act (Business & Professions Code §§11;00 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the reouirements of the Count; Ordinance Code and rulings made thereunder: and .:here there is a conflict between the imDrove- went plan and the County Ordinance Code, the stricter requirements shall Govern. 3. Guarantee & '.ainter.ance. Subdivider Lruarantees that the work is and will be free from defects and :•rill perform satisfactorily in accor- dance with County Ordinance Code 58t'Q ; and he shall maintain it for one year after its comaletion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security:: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together :•rith . . . . . . . . . . . . . . . . . . . B. Bonds , etc. : (t - Faith;uZ Performance) additional security for at least the above- pecified amount . which is the total estimated cost of the -work less $500, in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful ;,erformance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus ;2 - another such aciditiorai security in at least the above-specified amount, :•:hich is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors , and to persons renting: ecuipment or furnishing labor or materials to them or to the Subdi-;-:�der. • 5. Warran:t:j. Subdivider warrants :i2.t said improvement Dian is ade- cuate ;,o acco^al_.,.. t^i. ..=ork as cro--'ised in Section 2 : and if, at any time before t :r Co'untv' s re,oiuticn of ec—1 '`=ori for the subdivision, the imorover-ent z1an ::roved to be inadecuate in ary respect1. Subdivi- der ubdivi- der shall r.!ake chanzes necessar-r to accomnlish the work as promised. . -I- I w L 6. No Waiver by Countu. Inspection of the work and/or materials , or approval of :,cork and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any --part thereof comolies with the requirements of this agreement , or acceptance of the :chole or an Jr 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 contract as prescribed; nor shall the County be thereby estopped from-bring- ing any action for damages arising, from the failure to comply with any of the terms and conditions hereof. 7. Indemni1:1 Subdivider shall hold harmless and indemnify the Indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions , o-fficers , agents and er.Dloyees ; 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 e: whether or not such liability, claim or damage was unforeseeable at any time before the `County approved the improvement plan or accepted the improvements as completed, and in- "cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these ; C - The actions causinz liability are any act or omission (negli- gent or non-negiigent in connection with. the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The eromise and agreement in this section is not conditioned or dependent- on whether or not any Indemnitee has pre- pared, supplied, or approved any plant's ) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 8. Costs. Subdivider shall nay when due all the costs of the work, --including inspections thereof and relocating existing utilities re- quired thereby. 9. Suryeus. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract --or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing .the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit , and all other expenses of litigation incurred by County in connection therewith. - ZZ. Assicnment. If before County accepts these improvements , the subdivision is annexed to a city, the Counter may assiPn to that city the County's rights under this agreement and/or any deposit or bond securing them. Z2. Record 1-an. In consideration hereof, Count- shall allow Subdivider to file and record said subdivision man , and recognizes this subdivision as one comply inn with State laws and County ordinances . A . 1 A C ( O (Corprp oration as a Partner of a Partnership) t STATE OF CALIFORNIA COUNTY OF CONTRA COSTA Oil May 8. 1972 "before me.lite undersigned,a Notary Public in and for said State. personally appeared Wi 11 i am 9- PP1 oyan known to me to he the V W im`._President, all R W tkam oty of EARL W. SMITH DE`IELOPM NET ORG_1NIZATIONthe t-orporalion that cxecwed x m the Within instrument and known to nit- to be the persons who 4 executed the. within instrument on behalf of said corporation. t said corporation being known to file•to be one of lite partners of w EARL W. SMITH DEkTLOPERS.LTD., the partnership that executed the within instrument. and acknowledged to in,- that sucit corporation executed the same as such partner and lllfll�tAlHJSJZJJtJJttJJJRJIJJJ•J � that such partnership executed file same. OFFICIAL :vAI. t \FITNESS� hand and ofii ai cal �` ex "� ClA J. 6EAL$ r1ASi•nattt�t-/ �� y oxr,1 V it r 1/NNililt�NillCt�rt:��n EaW.0 jt/MmNr�.31� } Marcia J. Beals Name (Typed or Printed) (This area for official notarial stall COUNTY OF CONTRA COSTA SUBDIVIDER: (see note below) -'�� EARL W. S TH DEVELOPER_S, LTD. , a partnership ABY F _, Bi:-_EA .t �:S ITH DEV- t Chairman, Board of Supervisors co poration, Gene r artner Y ATTEST: W. T. PAASCH, County Clerk Designate official capaci in the - & ex officio /Clerk of the Board business) William S. PelS-;--an, Vice President BY �.�o�. L / �L'f Note to Subdividers (1) Execute Deputy acknowledgment form below; and (2) If a corporation, attach a certified copy of (a) the bylaws FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board County Counsel of Directors, authorizing execution of this contract and of the bonds required By hereby. Deputy . . . . . . . 1.0• . • . . . . . . . . • . • . . . . . i . . . . i • . • • . s • • • • • i • State of California ) ss. (Acknowledgment by Corporation, County of ) Partnership or Individual) Un , the person(s) whose name(s) is/are signed above for Subdivider and who is :mown to me to be the individual and officer or partner as stated :bovP who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. (Subdiv. Agrmt• CCC Std. Form) Notary Public for said County and State (HP-9; Rev. 9-69; 200) 3. �y. i ACTION OF THE BOARD OF DIRECTORS OF EARL W. SMITH DEVELOPMENT ORS.ANIZATION, A CORPORATION AND GENERAL PARTNER OF EARL W. SMITH DEVELOPERS, LTD. , A PARTNERSHIP TAKEN WITHOUT A MEETING The undersigned being all of the Directors of EARL W. SMITH DEVELOPMENT ORGANIZATION, a corporation, do hereby unanimously consent to the adoption of the following resolution: RESOLVED: That William S. Peloyan, Vice President of this corporation, and T. A. Eskelin, Secretary-Treasurer of this corporation, be, and they hereby are, authorized to enter into on behalf of this corporation, a sub- division agreement with the County of Contra Costa covering Subdivision 4111 and to execute a performance bond, labor and materials bond and tax bond in connection therewith, together with such other documents and instruments as may be incident thereto. DATED: May 3, 1972. E :W. Smith, Dir t r and President Williameloyan, DiLl?�Jtor and Vice President T. A. Eskelin, Director and Secretary-Treasurer CERTIFICATE OF SECRETARY I, T. A. Eskelin, Secretary-Treasurer of EARL W. SMITH DEVELOPMENT ORGANIZATION, a corporation, do hereby certify and declare that the fore- going is a full, true and correct copy of a resolution adopted by action taken by unanimous written consent of the Board of Directors without a meeting, dated May S, 1972, and that the By-Laws of this corporation authorized the directors to so act; and that said resolution is now in full force and effect. In testimony whereof, I have hereunto set Try hand and affixed the corporate seal of said corporation this Sth day of May, 1972. Secretary-Treasurer (Affix corporate seal) STATE OF oalirornia COUNTY OF -Sao ft- eaCisco ss: On this 8th day of May in the year one thousand nine hundred and saveau tvo ,before me Li31 inn G. porton a Notary Public in and for the said County and State,residing therein, duly commissioned and sworn, personally ap- Feat Robert A. Killer known to me to be the duly authorized Attorney-in-Fact of the TRANSAMERICA INSURANCE COMPANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me that he subscribed the name of the TRANSAMERICA INSURANCE COMPANY thereto as Surety and his own name as Attorney-in-Fact. IN WITNES$0R,-I have beneu my hand and affixed my official seal the day and year in this cer- tificate first above" n. 143 �'� -�.-�=-�.�-,- �'!'• - ='c{ ;f ! Notary Public in and for said County and State I i.. • •r = • Hood Xo. 5260-31-71 pseainn: #41.00 B01-M AGAI-INI r,T TAXES KNOW ALL HET. BY THESE PRE'SD11S: MAT Earl W. Smith Developers, Ltd. , as principal and (Surety) TRANSAMERICA INSURANCE COMPANY , a corpora tion Q.I Vc^.nj E u a nrl undee the laus of the State of California and authorized to transact surety business in California as surety are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of Four Thousand One Hundred Dollars (! 4100.00 ), to be paid to the said County of Contra Costa, for the payment of which well and truly to be made, we and each of us bind ourselves, our heirs, e::ecutors, administrators and successors, jointly and severally , fixally by these presents . Sealed -frith our seals and dated this 8th day of May , 19 72 . The conditions of the above obligation is such that t11MRFMS, the above bounded principal is about to file a map entitled Subdivis-ion 4210 and cove.-in.- a Sub�;vinion of a t='aCt of land in said C01unty of Contra Costa, and there are certain liens for tares and special assessments collected as ;,axes, a ainst the saiai Tract of land covered by Said map, :tihich,taxes and special assessmaenis collected as taxes, are not as yet due or payable. NOW, THEREFORE, if the said nrirci�al , shall pay all of the taxes an .speia_ assessme^nts cols_c:;ec 4s taxes which are a lian against sa;d tract of land covere.l by said. map, at the time of .,h _ .�, G. said_•� r ..? of said Tract, t:72C1 th_c obii-ation Shah be void and of no effect;. Other:tii&eM'it- shall Te- main in full force and effect. `ARL W. SMITH DEVELOPERS, LTD. , a partnership - 7 F ' Bv: EARL,-W.'', SMITH DEVr�iE�iT OR,ANI7_ATIOI�, - � rnAl. w�� Jilliam S PL,lo,, n t W.,T. PAASCH yy CLERK BO CF SUPERVISORS TRAM CA INSU E COMPANY, Surety �J)STA By ACKNO.ILEDGE�IE.NT Robert A. f[il]er, Attorney-in-Fact (BY SURETY) State of California County of County in which acr:io::le• ;;enen s !--ale--en On , before me, a Notary Public, in all 02' S3Jd Goilnty and Stdte, persona: !?r ap;)C'ired known toV me to be 01 the corporation that. executed the r:i chin ns rumenU and also known ::c me to be the person: who e xecu:;ed it on hihcZ L. o� .,u:;h �:a1 ..0_ �c .1o - to .me that such cors,oration executed the within ;instrument pursuant 'ccit3 by-lawb or a resolution of its board of directors. name o.' not.::•y ;NOTARY PnilaC .r.e .....4 u'•.. �,.,...J...:.—. v.. ..._r —�..._...._..t........... ._. ._ .......... s _..�.._. .+..v...... ........+•.� .. .....�� •r..wti ..�.. .. M w - . ... (F' r f ''STATE OF ealitornia r COUNTY OF San_ �n;seQ as: On this 8'h day of fay in the year one thousand nine hundred and seventy two ,before me__— Lillian 0. Lorton ,a Notary Public in and for the said County and State,residing therein, duly commissioned and sworn, personally ap- Robert A. l+filler known to me to be the duly authorized Attorney-in-Fact of the TRANSAMERICA INSURANCE COMPANY the corporation whose name is affixed to the foregoing instrument; and duly acknowledged to me that he subscribed the name of the TRANSAMERICA INSURANCE COMPANY thereto as Surety and his own name as Attorney-in-Fact. IN WITNESS WHEREOF,I have hereurd4 set my hand and affixed my official seal the day and year in this cer- tificate first 143 Notary P.W.in and for mid County and State w l'.'q Bond 116. 5264-31-70 premium: $662.00 IMPROVE:,E_NW SECUrRITY BOND (Faithful. Performance & Maintenance, IE2 Labor & Materials) (Calif. Bus. & Prof. Code §ZZ612; Contra Costa County Standard Form) Z. OBLIGATION. (Principal) Earl W. Smith Developers,- Ltd: . . • . • • . . . . . . . . .as Principal, and (Surety) TRANSAMERICA INSURANCE C0%jPAN1 a corporation organized and existing under the lams of the State of California and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it : (A - Faithful Performance, & Maintei.ance) Fort r ,� Thnus�nd _mix Hundred Dollars ($ 43 ,600.00 ) for 3ts-elf-or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials ) Forty-four Thousand One Hundred Dollars ($ 44 ,100.00 ) for the benefit of persons protected under Cal. Bus.&Prof.Code §11612. 2. RECITALS, The Principal contracted with the County on MaY 23, 1972 to install and pay for street, drainage, and other improvements in Subdivi- sion No. ma . , as per map now being. filed with the County's Recorder, and to complet said work within 1 year from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDI-TION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Seet-ion 1-(A) above shall becorne null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors , subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety.hereby waives the provisions of Calif. Civil Code §2819, and holds itself bond without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay 1�eason3b:le attor- ney fees fixed by court to be taxed as costs and included .in the- judgment. SIGNED .AND SEALED on Mai a. 1972. PRINCIPAL . SURETY EARL W. SMITH DEVELOPERS, LTD. , a partnership =LS�i tLr:i ORGANIZATION, TRANSAMERICA INSURANCE CGMPANY dq c poration, :, y r Partner By. - By 4- William S. Pel.oyan, i -resident Robert A. KLIler, Attorney-In-Fact # # * * # # # # # # # # * # # # D o # # # # # # # # # # # # # # # # # # # # State of California ) ss.. County of ) (ACKNOWLEDGMENT BY SURETY) On , the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorneys)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Surety and his/their own name(s) as its 'Attorney(s)-in-Fact. Notary Public for said County and State (Imp. Sec. Bond, CCC Std.Form) (HP-15;Rev. 8-67; 200) C- _C IN THE BOARD OF SUPERVISORS OF CONTRA COSTA• COUNTY, STATE OF CALIFORNIA November 18 197 5 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4221, Danville Area. ) Deposit: $500 ) Auditor's Permit No. 98140 ) Dated March 31, 1972 ) Refund to: Di .Giorgio Development ) Corporation, One Maritime Plaza, ) San Francisco, California 94111 ) On March 19, 1974 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 18th day of November 197 5 J. R. OLSSON CLERK cc: Public Works (2) Subdivider By Deputy Clerk Return to Board of Sorvisors FOOK7190 °zA94 Room 103; Administration Bldg. ' • APR -1 •. RECORDED-AT REQUEST Of 25744 -CONT QS A AT 3-0-CLOCK M. CONTRA COSTA COUNTY RECORDS IN THE BOARD OF SUPERVISORS j. R. ULSSON _ OF 'CONTRA COSTA COUNTY, STATE OF CALIFORNIAXXM RECORDER $ OFFL In the Matter of Completion ) of improvements and declaring ) certain roads as _ County ) RESOLUTION NO. 74/265 roads, Subdivision 4221,. ) Danville Area. ) • WHEREAS the Public Works Director having notified this- Board that construction of improvements have been completed in Subdivision 4221, Danville area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements . in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 4221, Danville area March 29, 1972 (Employers-Commercial Union Insurance Company w BE IT FURTHER RESOLVED that thea TBQ asOfi,1�Oosit as surety (Auditor's Receipt No. 48140 dated Parch 31, 1972 ) be RETAINED for one year pursuant to the requirements of Section,1866WW of the Ordinance Code as amended. 94-4.406 BE IT FURTHER RESOLVED that the hereinafter described road-a, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be County roads of Contra Costa County: SCOTTS PILL COURT (32/52/0.15) SCOTTS MI11 ROAD (36/56/0.07) SALEM TOWN COURT (32/52/0.03) GPJ22MOOK DRIVE (40/60/0.09) LODGEHILL COURT (32/52/0.05)) PORTLAND COURT (32/52/0.02) as shown and dedicated for public use on the map of Subdivision 4221 filed April 6, 1972 in Book 145 of Maus at Page 11, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 19th 'lay of March 1974 by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, 11. N. Boggess, J. E. Moriarty. NOES: None. ABSENT: Supervisor y. A. Linscheid. cc: Recorder CERTTc, ED COPY Public :forks T certi.'_r that this i. a full. true & correct copy of thr ori;inal do;•timent w!fleh is on file in my otftce. Subdivider and that :t «a,; need DL- adopted by the Board of RESOLUTION 11-0- 74/265 Srperr:ross of ('cn!rt Cu=ta L'r.esaty. Ca!iforstia, on the dac., mwn. A i i£5T. J. iw OLSSOti. County Clerk w ex-officio Clerk of said Deard of Supervisors. by Deputy C:erk. END OF DOCUMENT Int THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval of Subdivision Map of ) Tract !1221, Denville Area. ) RESOLDTION N0, 72/211 WHEREAS a map entitled Tract h?Z3, property located in the DMIi , having been presents to this Board for approval, - armasap having been certified by the proper officials, and being accompanied by: Lotter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property Included in the map, and that the current 1971-1972 tax lien has been paid in full, and the 1972-1973 to lien, which b"was a lien, on the lot day of March, 1972, is estimated to be 416,000; ` Letter from the Public Works Director stating that said wap is accompanied by deposits and bonds to guarantee the conk- { pletion of road and street improvements as required by Divi- ' &ion 41, Title 6, of the County Ordinance Code; Surety Bonds issued by Employers-Comercial Union ; Insurance Company with Di Giorgio Development Corporation as principal, as follows: Bond No. 7102 401 in the amount of $81,700 for Faithful terfor ance, and #82,200 for Labor and Materials; Cash deposit (Auditor's Deposit Pendt so. 98140 dated Marsh 31, 1972) in the amount of 4500; Tax Bond (No. 710 2300 27) in the amount of $16,000 • • goarenteeing pays mat of estimated 1972-1973 tax lien; ? Inapeetion Fee in the snount of $6110; { Subdivision agreement between subdivider and the County of Contra osta, wherein said su iv- " ider agrees to complete road and street improveasats, etc., in said subdivision withiaL.I.ye ar frow the date of said agreement; RESOLUTION N0. 72/211 !br■ #231 70-4-500 c1 . YOW, THEREFORE# DE IT RESOLVED that said bond d sits and the amounts thereof be and the,s.a>tos� are ers y APPROVED BE IT MYRTHIM RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the _Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avemes or eaaesant• MOM lberem as dedicated to the pablio. PASSED AND ADOPTED this th day of ARZ11 19 , by the following vote of the Board: AYES,: Supervisors J. F. Unay, A. X. Dias, J. Be N*riargo We Ye Roggess, Be A. Linscheide FOSS: so" ABSEMT2 Now. . oo: Public Works (2j Planning Subdivider Di .Giorgio Development Corp. F. 0. Box 67 Danville, California 94,526 RESOLUTION NO, 72/211 hsra #E221 70-4-500 CERTIFIED COPY I certify that this Is a full, true & correct copy of the original document which is on tiic in my office, and that it was pawed ado ac J 1; t:�c L'oard of SupervLsors of Coat=a C '6 Comity, Csiiror:aa, on the date sliowi- AI-f!sST:-W. T. i AASCIi, county clerk&eti officio clerlIof said Eoarc1 of Supervisors bY_ deputy clerk j PUBLIC WORKS DEP*RTMENT VICTOR W. SAUER CONTRA COSTA COUNTY DEPUTY PUELIC WORKS DIRECTORS PUBLIC WORKS DIRECTOR 6TH FLOOR, ADMINISTRATION BUILDING R. D. BROATCH F.R.BROWN CHIEF DEPUTY PUBLIC WORKS DIRECTOR MARTINEZ. CALIFORNIA 94553 VERNON L. CLINE TELEPHONE 228.3000 R.M. RYGH (RM. 115 COURT HOUSE) April 4, 1972 HP - Subdivision 4221 Honorable Board of Supervisors Administration Building Martinez, CA Gentlemen: There is submitted for your approval the map of Subdivision 4221 in Supervisorial District V in the Danville area. Accompanying this map and pertaining thereto are the following documents: 1, Subdivision Agreement. Expiration date of one-year time limit for com- pletion is March 29, 1973. 2. Performance Bond, in the amount of $81,700. This bond, together with a $500 cash deposit (Auditor's Receipt No. 98140, dated March 31, 1972) is to guarantee completion of road and street improvements as required by the County Ordinance Code. 3. Labor and Materials bond, in the amount of $82,200. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1972-73 tax, which became a lien on the first Monday of March, 1972 is estimated to be $16,000. S. Tax bond, in the amount of $16,000 guaranteeing payment of estimated tax. The map is submitted for filing by the Filper Corporation under the provi- sions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign—the Subdivision A reement on behalf of the County. RECEINTED Very truly yours, VICTOR W. SAUER ;.PR � 197112 Public-,— �rks Director i / W. T. PAASCN CLERK BOARD OF SUPERVISORS • d"T. r.'C D�pnW B i au i e y Assistant Public Works Director BJK:fa Highway Planning cc; Filper Corporation Planning Department Construction Division EDWARD W. LEAL ALFRED P. LOYELI COUNTY TREASURER-TAX COLLECTOR ' Assistant County Treasurer-Tax Collector PHONE 228-3000 EXT. :85 TAX COLLECTOR'S OFFICE FIRST INSALLENT Or DUET ANDyr-Y•.LETIIR[f CONTRA COSTA COUNTY FIRST INSTALLMENT OF TA[[e ON Tw[ FIRDELINQUENTST BAN Or NOV[Ye[R MARTINEZ. CALIFORNIA N R OTHE TENTH DAY O► OECIY.[ - ' SECOND INSTALLMENT Of TAfI[e OVf •NO PAYAeL[ SECOND INSTALL-f—Or 7At95 March 29 y7�-t otLlDAY ON THE FIRST DAY Or F[.RY ARMarchT ON TN[ TENT. DAY OF AMIL IF THIS TRACT IS NOT FILED BY OCTOBER 31, 1972, THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 4221 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1971-72 tax lien has been paid in flip. Our estimate of the . 1972tax liens Which became a lien on the first day of Marchs -LVTZ_ is $ 16�_ EDWARD W. LEAL Redemption cer By: G tY F I LED dl W. T. PAASCH CMK SOW OF SUVEWASM f1TRA COSTA COUNTY By Dmty t �4 STATE OF CAIIfORNI C COUNTY OF ,irCllA u. CL �11Q Z9 /Q72 ' o On �_ before me, the undersigned, a Notary Public in and for 13 I&A-CT-AW e said Stm, Personally +f+P+a+'ed ---. s known to me to be the ezc4a: President,and c w known to me to be the Laetary of the corporation that executed the within instrument, and known to me to be the persons who executed the within instrument on behalf of the corporation therein named, and ac- knowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board of � FRANK T. SERONELLO MARVAIA 00101 u directors. NQTAW ri" GKOOM WITNESS my hand and official seal. •ll�r�� ITM�►SNS Siynan,re Name(Typed or Printed) (This ane for ollkial notarial mail w NOTARIAL ACKNOWLEDGMENT STATE OF California l .CITY AND COUNTY OF SA."i FRANCISCO }ss. Or:this _0K 7 day �ii , i» the year one thousand Hina hundred and ! before me, _jiim-_u nO inA a Notary Public in and for said County and State, pars ally appeared _.__AfiTHtt�AI..._GQ4�►�6 known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-fact of the EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY OF AMERICA and acknowledged to me that he subscribed the name of the EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY OF AMERICA thereto as principal, and his own name as At nay-in-fact. ��gM1M1i<<H1�111QUIIO11111 ,�,� OFFICIAL-SEAL- � ! Notary Publ` in and for said County and State s JUNE M. OKUDA = y .�i1J`�� M. OKUUA NOTARY PUBLIC-CALIFORNIA Camrni�s an expires: r City&County Gt SAN FRANCISCO i My CotrtL;tissiott Expires SepL IS.1974 s �:tt�;LYa.t:rrtltttl�m+mers�»�asnraLhtau� 11»&9 E60815-Cant. i, BOND AGAINST TAMES KN0W ALL MEN BY THESE PRESENTS : THAT Di Giorgio Development Corporation as principal and EMPLOYERS Citi+acocini itum: it ens c ^n.o and as sureties are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of Sixteen Thousand and no/100 Dollars ( $16,000.00 ) to be paid to the said County of Contra Costa, for the payment of which we and each of us bind ourselves, our heirs, executors, adminis- trators, and successors, jointly and severally, firmly by these presents. -e SEALED with our seals and dated this day of 22�� The conditions of the above obligations are such that WHEREAS., the above bounded principal is about to file a Map entitled Subdivision 4221 - Sycamore Unit V - Contra Costa County and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said Tract of land covered by said ::ap, which taxes and special assessments collected as taxes, are not as yet due or payable. Now, therefore, if the said Principal shall pay all of the taxes and special assessments collet a asEG:.es which are a lien against said tract of land covered by said Map at -,he time of the filing of said Map of said Tract, then this obligation shall be void and of no effect. Othen-iise, it shall remain in full force and effect. Di Giorgio Development Corporatio UNION OF Surety ARTHUR M. coLOMB Attorney in fact Surety STATE OF CALIFORNIA COUNTY OF CONTRA COSTA ss. • and Sureties named in the foregoing bond, being duly sworn, each for himself says : That he is a freeholder and resident within said State and is worth the said sum of Dollars, over and above all his debts end liabilities, exclusive o property exempt from execution. Surety ure y Subscribed and sworn to before me this day of 19 -- Notary ary c i° STATE OF CALIFORNIA COUNTY OF WA409W ss on .l&_A0!6Qt�tf"�_2�LG��"" ,before me, the undersigned, a Notary hblic in and for v a said State, personally appeared known to me to be the 4r/C49:5President, and known to me to be the -Secretary of the corporation that executed the within instrunwntt tand known to me to be the persons who executed the within w instrument on behalf of the corporation therein named, and ac- knowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its board ofFOF:RW �MAL u directorsT. SUMME"WITNESS my hand and official seat ALAM�}1y�� ri�w�KMi Signatwe Name(Typed or hkftd) (This awe far sr>Reial" esini NW) sm'm OF Cwmo" y C01NY �rtaleragrred• a Norsht ��w awd irr u acid Sam WWAOY wiroert erartre is wbrai5ed to the within imtro"Wnt as the AttarMY in Feet of�L.[.ar�- �t ktrerrn is sow to be+ire" lG�s�fLt'�C%II�/�•I�w.rtlillf/i/1f ++!"J� fie syb sized*0 name of a�a arksrarrMdped CCM1.I'r. / � .►1J OFFIC:tAL SEAT. ti�rNo � _ /S T. SERONELLO [@:FRoANK TARY PUBM.CALIft3 N Aawn+rMeeas AtlorneYin Fact. ALAMEDA COUNTY ms"W 40"AK.it.1013 wllmmvlv how i +�totw�we�. Name tZYP�a►!r itNadl ( tsw for aaew twrtd-too'} s �l POWER OF ATTORNEY 'KNOW ALL N1EN.BY THESE PRESENTS, that the EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY, a corporation duly organized and existing under the laws of the Commonwealth of Massachusets, and having its principal office in the City Of Boston, Mass., hath made, constituted and appointed, and does by these presents make and constitute and appoint ARTHUR M. COM11B, DONA R. COLOMB and ROBERT A. WOOLL, all of San Francisco, California and each of them its true and lawful Attorney-in-Fact, to make, execute, seal and deliver for and on its behalf as surety any and all bonds or undertakings and the execution of such bonds or undertakings in pursuance of these presents, shall be binding upon said Company as fully and amply,to all intents and purposes, as if such bonds were signed by the President, sealed with the corporate seal of the Company,and duly attested by its Secretary, hereby ratifying and confirming all the acts of said Attorney-in-Fact pursuant to the power herein given. This Power of Attorney is made and executed pursuant to and by authority of the following resolutions adopted by the Board of Directors of the EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY at a meeting duly called and held on the seventeenth day of February, 1971: Resolved, That the President, or any Vice-President, may execute for and in behalf of the company any and all bonds, recognizes, contracts of indemnity, and all other writings obligatory in the nature thereof,the same to be attested when neces- sary and the seal of the company affixed thereto by the Secretary, or any Assistant Secretary;and that the President,or any Vice-President, may appoint and authorize an Attorney-in-Fact to execute on behalf of the company any and all such instru- arcnts and to affix the seal of the company thereto; and that the President, or any Vice-President, may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in-Fut. Resolved: That Attorneys-in-Fact may be given full power and authority to execute for and in the name and on behalf of the company any and all Broads, recognisances, contracts of indemnity,and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the company as if signed by the President and sealed and attested by the Secretary, and, further, Attorneys-in-Fact are hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the future thereof, and are also authorized and empowered to certify to a copy of any of the by-laws of the company as well as any resolution of the Directors having to do with the execution of bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and to certify copies of the Power of Attorney or with regard to the powers of any of the officers of the company or of Attorneys-in-Fact. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Directors of the EMPLOYERS COMMERCIAL UNION INSURANCE CONfPANY at a meeting duly called and held on the seventeenth day of February, 1971: "Resolved: That the signature of the President, or any Vice-President, and the signature of the Secretary or any Assistant Secretary and the Company Seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Attorneys-in-Fact for purposes only of executing and attesting any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the company as the original signature of such officer and the original seal of the company, to be valid and binding upon the company with the same force and effect as though manually affixed." IN WITNESS WHEREOF, the EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY, has caused these presents to be signed by its Vice-President and its corporate seal to be hereto affixed, duly attested by its Secretary this first day Of April, 19 71, •`:' �'� EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY urs 1 •MrrAw:'„ Attest: Secretary Vice-President OF MASSACHUSETTS COUNTY OF SUFFOLK SS. On this first day of April, 19 71 , before me personally came John C. Thompson, Vice-President, and William D. )solar, Secretary of the EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and sayvth, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of said Company and that the said corporate seal and their signatures as such spleens were duly affixed and subscribed to the said instrument by the authority and direction of the said Company. r J s• r:' •3 Robert L. Marmlli—Notary Publi (My Cowmission expires June 5, 1975) CERTIFICATE I, the undersigned, Assistant Secretary of the EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY, a Massachusetts Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked; and furthermore, that The Resolutions of the Board of Directors set forth in the power of attorney are noir in force. AA.. Signed and sealed at the City of Boston. Dated this day oI OVAV-0 19 Zi, ( trip t•sr`� Assistant Secretary FAVJ03-2 A 4 f0 ' e, 71 v i ami IMPROIr•—,_- T SECi)RITY FOND (FaithfuZ Performance & lfaintenance,, AND Labor & Materials) (CaZif. Bus. & Prof. Code §ZZ6Z2; Contra Costa County Standard Form) - Z. OBLIGATI0:1'. (PrincipaZ) Di Giorgio Development Corporation . . . 'as Principal, and revyj EMPLOYERS COMMERCIAL UNION IN4110 lrc rC1FlWY a corporation organized and existing under the laws of the State of California and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs , executors , administrators, successors and assigns to the County of Contra Costa, California, to pay it : (A - Faithful Performance, & 14aintenance) Eighty One Thousand Seven Hundred and no/100 Dollars ($ 81,700.00 ) for itself or any City-assignee under the below-citea subdivision contract, plus (B - Labor & Materials ) Eight Two Thousand Two Hundred and no/100 Dollars ($82;200.00 ) for the benefit of Dersons protected under Cal. Bus. &Prof.Code §11612. 2. RECITALS. The Principal contracted with the County on March 29, 1972 to install and pay for street, drainage, and other improvements in Subdivi- sion No. 4221 , as per nap no,-., being filed with the County's Recorder, and to complete said work within one year from said date, all in accordance with State and local lags, rulings thereunder and the subdivision contract. ` 3. CONDiITION. if the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and imp_-ovements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully ^airs the contractors , subcontractors , and persons renting equipment or furnishing labor or materials to them for said work and improvement , and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said :•.orf agreed to by the Principal and the County shall relieve-any Surety from lia- bility on: this bond; and consent is hereby given to :Hake such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND STALED onW UG , / of/ . PRINCIPAL SURETY WI OYE s-COMMS CIAL UNION Di-Giorgio Development Corporation IN5UR A2;1 --�� By .T. ByARTNUR M. COL01.1%Attorney in fact a 4 1 x a ?' State of California ) ss, County of ) (ACKNOWLEDGMENT BY SURETY) On , the persons) whose name(s) is/are signed above fop Surety and trho is Known to me to be the Attorneys )-in-^act for this Corporate Surety, personally appeared before me and acknowled-ed to me that he/they signed the name of the Corporation as Surety and his/their own name(s) as its Attorney(s)-in-Fact. Notary Public for said County and State ;'Imp. Sec. Bond, CCC Std.Form) s u POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that the EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY, a corporation duly organized and existing under the laws of the Commonwealth of Massachusets, and having its principal office in the City of Boston, Mass., hath made, constituted and appointed, and don by these presents make and constitute and appoint ARTHUR M. COMM, DONA R. COLOMB and ROBERT A. WOOLL, all of San Francisco, California and each of them its true and lawful Attorney-in-Fact, to make, execute, seal and deliver for and on its behalf as surety any and all bonds or undertakings mad the execution of such bonds or undertakings in pursuance of these presents, shall be binding upon said Company as fully and amply,to all intents and purposes, as if such bonds were signed by the President, sealed with the corporate seal of the Company,and duly attested by its Secretary, hereby ratifying and confirming all the acts of said Attorney-in-Fact pursuant to the power herein given. This Power of Attorney is made and executed pursuant to and by authority of the following resolutions adopted by the Board of Directors of the EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY at a meeting duly called and held on the seventeenth day of February, 1971: Resolved, That the President, or any Vice-President, may execute for and in behalf of the company any and all bonds, recognizes, contracts of indemnity, and all other writings obligatory in the nature thereof, the same to be attested when neces- ssry and the seal of the company affixed thereto by the Secretary, or any Assistant Secretary;and that the President,or any Vice-President, may appoint and authorize an Attorney-in-Fact to execute on behalf of the company any and all such instru- ments and to affix the seal of the company thereto; and that the President, or any Vice-President, may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attorney-in-Fut. Resolved: That Attorneys-in-Fact may be given full power and authority to execute for and in the name and on behalf of the company any and all bonds, recognizances, contracts of indemnity,and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney-in-Fact shall be as binding upon the company as if signed by the President and sealed and attested by the Secretary, and, further, Attomeys-in-Fact are hereby authorized to verify any affidavit requited to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and are also authorized and empowered to certify to a copy of any of the by-laws of the company as well as any resolution of the Directors having to do with the execution of bonds, recognizances, contracts of indemnity, and all other writings obligatory in the stature thereof, and to certify copies of the Power of Attorney or with regard to the powers of any of the officers of the company or of Attorneys-in-Fact. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Directors of the EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY at a meeting duly called and held on the seventeenth day of February, 1971: "Resolved: That the signature of the President, or any Vice-President, and the signature of the Secretary or any Assistant Secretary and the Company Seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Attorneys-in-Fact for purposes only of executing and attesting any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the company as the original signature of such officer and the original seal of the company, to be valid and binding upon the company with the same force and effect as though manually affixed." IN WITNESS WHEREOF, the EMPLOYERS COMMERCI.AL UNION INSURANCE COMPANY, has caused these presents to be signed by its Vice-President and its corporate seal to be hereto affixed, duly attested by its Secretary this first day of Aprils 19 71. �►►Wei �,''a` EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY Attest: al �. By Secretary Vice-President COMMONWEALTH OF MASSACHUSETTS COUNTY OF SUFFOLK SS. On this first day of April, 19 71 , before me personally came john G. Thompson, Vice-President, and William D. Boger, Secretary of the EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they acknowledged the execution of the same, and being by me duly sworn, severally and each for himself deposeth and sayeth, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of said Company and that the said corporate seal and their signatures as such ol5cers were duly affixed and subscribed to the said instrument by the authority and direction of the said Company. - i Robert L. Marzelli—Notary Publi • '!= (My Commission expires June 5, 1975) CERTIFICATE I, the undersigned, Assistant Secretary of the EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY, a Massachusetts Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked; and furthermore, that The Resolutions of the Board of Directors set forth in the power of attorney are now in force. ,,�/ A Signed and sealed at the City of Boston. Dated this day of // -„Z;�i// 19 - O„�ai�tNI►�� y�r■■.�s Assistant Secretary E60903-2 SUBDIVISION AGREEMENT (§1) Subdivision: 4221 Sycamore V (§1) Subdivider: U1 Giorgio Development (B. & P. Code §§ZZ6ZZ-12) orpora ion 1 Effective Date: ��. 1972 (Contra Costa County 01) Completion Period: One Year Standard Form; 8-67) (§4) Deposits : A. (cash 500. B. (bonds, etc. ) 1. (faithful pert. & maintenance) $81 ,700.00 2. (labor,materials)$u-z,2uu.uu Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Imvrovemen-s. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants , and all improvements as required by the County Ordinance Code, especially Division 4 of Title S (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereina-fter called ":,Toric" within the above completion period frori date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance :ti*ith accepted construction practices and in a manner equal or superior to the requirements of the County Ordinar_ce' Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Mairtenance. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain is for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs. Code §11012 , deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . B. Bonds, etc. : (Z - FaithfuZ Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500 , in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance; plus (2 - Labor & 1:aterials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors , and to persons renting equipment or furnishing labor or materials to the; or to the Subdivider. 5. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section 2; and if, at any time before the County' s resolution of completion for the subdivision, the improvement plan proves to be inadequate in any respect, Subdivi- der shall make changes necessary to accomplish the work as promised. F I L E D W. T. PAABCH OLM "M a wptimm" 'h01.y m 6. No Waiver by Countu. Inspection of the work and/or materials, or approvaT of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards, commissions , officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Nan-Conditions : The promise and agreement in this Section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demni-fication covering any of these matters . 8. Costs. Subdivider shall pay when due all the costs of the work, incl-u-61—ng inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. Z2. Record May. In consideration hereof, County shall allow Subdivider to file and record said subdivision nap, and recognizes this subdivision as one complying; with State laws and County ordinances. -2- STATE OF CALIFORNIA COUNTY OFL/Q�cs�1 as. On � x "� 7 before me, the undersigned, a Notary PWk in and for u said State, personal' ��CJG �'f- ��tJr • ,= K appeared , ~' known to me to be the ! d:;11�resident,and c known to me to be the __—Secretary of the corporation that executed the within inMument, iand known to me to be the persons who executed the within r instrument on behalf of the corporation therein named, and ac- knowledged to me that such corporation executed the within OMMUL FRAM( T. SEMONE= instrument pursuant to its by-laws or a resolution of its board of Y oLnc►on. 4i11�MU��III �N/t SI WITNESS my hand and official ectal. Signature Nance(Typed or Primed) . (This am ter oftel neaaelM amQ COUNTY OF CONTRA COSTA SUBDIVIDER: (see note- below)- By ote_ below)By A Di Giorgio Development Corporation` Chairman, Board of Supervisors ` ATTEST: W. T. PAASCH, County Clerk (D "gnate official capac ty & ex officio Clerk of the Board in he business) By �_c.� �� Note to Subdivider: (Z) Execute Deputy acknowledgment form below; and (2) If a corporation, attach a certified copy of (a) the by- FORM APPROVED: laws or (bJ the resolution of FORM AppRpVEDAi the Board of Directors, authori- B. C USEN, Coun�C sing execution of this contract C��CC and of the bonds required hereby. Deputy State of California ) ss. (Acknowledgment by Corporation, County of ) Partnership or Individual) On , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and ac- knowledged to me that he executed it and that the corporation or partner- ship named above executed it. Notary Public for said County and grate (Subdiv. Agrmt. CCC Std. Form) (8P-8; Rev. 8-67; 200) -3- CERTIFIED COPY OF RESOLUTION OF TH13 BOARD OF DIRECTORS OF DI GIORGIO DEVELOPMENT CORPORATION, A CALIFORNIA CORPORATI-ON, ADOPTED AT A SPECIAL MEETING H:-,LD MARCH 29, 1972. The undersigned, JA_DNET BRU'rLN, Assistant Secretary of Di Giorgio Development Corporation, A California Corporation, does hereby certify that at a special meeting of the Board of Directors of said corporation duly and held at its office in Danville, California, on March 29, 1972, at which mseting there was at all times present a quorum of members of said Board, the following Resolution was duly adopted: "That the Board agreed to authorize the execution of the following documents with respect to Tract 4221, Sycamore Unit V: 1. Fina'_ subdivision map. 2. Subdivision agreement and all necessary bond's supporting same. 3_ Any other bonds necessary -o fulfil County requirements for map filing. 4. State of California, Division of Real Estate Subdivision Questionnaire and Application for Public Report. " Said aesolution has not been amended, modified or rescinded and is now in full force and effect and 'on record in the minute book of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and the s4a L ::f said corporation this 29th day of March, 1972. JA-,& ,P.UiUZ, ?:ssistarz: Secretary Di Giorgio Deve lopment: Cbrporation IN THE BOARD OF SUPERVISORS- OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA December 9 s 197 5 In the Matter -of Releasing ) Subdivision Deposit ) Subdivision: 4225, Walnut Creek ) Area ) ) Deposit: $500 ) Auditor's Permit No. 984+5 ) Dated April 12, 1972 ) Refund to: ) Hofmann Construction Company 1035 Detroit Avenue South Concord, California 94522 } On August 1 LL this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 94-4.4406 and the Sub- division Agreement, the Director is authorized zo refund the deposit as indicated above. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 9th day of December , 197--5- J. R. OLSSON, CLERK cc: Public Works (2) Subdivider By tzli/J, Deputy Clerk Constance,6avtes In the Board of Supervisors of Contra Costa County, State of California November 24 , 19 75 In the Matter of Releasing Subdivision 4225 Deposit to Ponderosa Homes. The Board on August 6, 1974 having accepted as complete the improvements for Subdivision 4225, Walnut Creek. area- with the exception of minor deficiencies for which $3,000 (Deposit Permit Detail Number 118962 dated July 29, 1974) was deposited as surety for completion of said deficiencies; and The Public Works Director having reported that the aforesaid minor deficiencies have been corrected and recommends that he be AUTHORIZED to refund the $3,000 to Ponderosa Homes; IT IS BY THE BOARD ORDERED that the recommendation- of the Public Works Director is APPROVED. PASSED by the Board on November 24, 1975- 1 hereby certify that the foregoing is a true and cornett copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Ponderosa Homes Witness my hand and the Seal of the Board of � 3080 Olcott Street kaon Santa Clara, California affixed this 24th day of November . 19 75 95050 J. R. OLSSON, Clerk Subdivider By. � Public Works Director pity clerk County Auditor-Controller N. In aham H 24 8/75 10M i� {� Q When recorded return to BOO-11-7253 N 748 Clerk, Board -of Supervisors Administration Building RECORDED AT' REQUEST OF '7 68 Cwm 00EA C;Wff 1 0 - 81974 p,UG dog 1974 Ar O'CL M. RA COSTA COU RECORDS I R. OLSSON COUNTY RECORDER IN THE BOARD OF SUPERVISORS FEES OFF►L OF r CONTRA COSTA COUNTY, STATE OF CALIFORNIA"- In the Matter of Completion of ) Improvements and Declaring ) Certain Roads as County Roads, RESOLUTION NO_ 74/668 (Subdivision 4225,; Walnut Creek 3 ' Area. ) WHEREAS the Public ;forks Director having notified this Board that, with the exception of minor deficiencies (for which a $3,000 cash bond, Deposit Permit Detail No. 118962 dated July 29, 1974 has been deposited to insure correction) construction of improvements has been satisfactorily completed in Subdivision 4225, Walnut Creek area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 4225;- Walnut Creek Area April 10, 1972 (American Insurance Company - Bond No. SC6247118) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Deposit Permit Detail No. 98445 dated April 12, 1972) be RETAINED for one year pursuant to the requirements of Section 94-4.406 of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be county roads of Contra Costa County.: TREAT BOULEVARD WIDEMG CANDELERQ DRIVE (36/56/0.16) CANDDELERO COURT (36/56/0.07) as shown and dedicated for public use on the map of Subdivision 4225 filed April 26, 1972 in Book 145 of Maps at page 32, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 6th dap of August, 1974 by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, W. N. Boggess, E. A. Linscheid, J. E. Moriarty. NOES: None. q Il ABSENT: None. CERTIFIED COPY �V I certify that this Is a full. true die correct cop► of th- or!:tinal dog umrnr which is on .11.E in my, o/flea. CC: Recorder and that it was D;'.%"l .S adopted by the Board of Public Works Superrtxors of Contra Costa County. California, on the date shown. ATTEST: .I. R. OLSSOiq. County Subdivider Clerk&ezofflelo Clerk of said Board of SupwrrtsoM by Deputy Clerk. RESOLUTION NO. 74/668 �;Zi�(� 30 of 00~ IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 4225, Walnut Creek ) RESOLUTION NO. 72/266 Area. ) ) WHEREA ) Walnut Creek map entitled Tract , property located in the , having been presented to this Board for approv , said map aving been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1971-1972 tax lien has been paid in full, and the 1972-1973 tax lien, which became a lien on the first day of March, 1972 is estimated to be $219000; Letter from .the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 8, of the County Ordinance Code; Surety Bonds issued by American Insurance Company with Hofmann Construction Company, a California Corporation, as principal, as follows: Bond No. SC6247118 in the amount of $63,100 for Faithful Performance, and $63,600 for Labor and Materials; Cash deposit (Auditor's Deposit Permit No. 98445 dated April 12, 1972) in the amount of $500; Tax Bond (No. SC 6247119) in the amount of $21,000 guaranteeing payment of the estimated 1972-1973 tax lien; Inspection Fee in the amount of X39180; : Subdivision agreement between Hofmann Con4truCtinn CQ, subdivider and the County of Contra Costa, wherein said subdiv- ider agrees to complete road and street improvements, etc., in said subdivision withinj� _year from the date of said agreement; RESOLUTION NO. 72/266 Form #23; 70-4-500 NOW, THEREFORE, BE IT RESOLVED that said bonds and deposits and the amounts thereof be and the same are hereby APPROVED. BE IT FURTHER RESOLVED that said subdivision agreement be and the -same is hereby APPROVED and the- Chairman of this Board is AUTHORIZED to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements shown thereon as dedicated to the public. BE IT FURTHER RESOLVED that Grant Deed dated April 11, 1972, from the Hofmann Construction Company, is hereby._ ACCEPTED, said instrument conveying the future development rights within the property known as "Countrywood Common Properties" within the boundaries of Subdivision 4225 and is a requirement of the Planning Department when a common area exists in a subdivision. BE IT FURTHER RESOLVED that the Public Works Director is AUTHORIZED to accept the sum of $27,500 representing the developer's contribution to the construction costs of the Treat Boulevard widen- ing project (Work Order 4466) , said sum being in lieu of the developer performing the work as required by certain conditions of approval. PASSED AND ADOPTED this 24th day of April, 1972 by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias,, . J. E. Moriarty, W. N. Boggess, E. A. Linscheid. NOES: None. ABSENT: None. cc: Public Works (2) Planning Subdivider Hofmann Construction Company 989 Detroit Avenue South Concord, California 94520 CERTIFIED COPY I certify that this is a full, true & correct copy of the original'document lv::ich is on file in my office, and that it was p:i=scd & ado ite1 by the Eoard of superviLors of Co*.1L.s Cwta County, California. on the date shovm ATTEST: w. T. PAASCH, countY jerk&ex-offi.io clerk of said Eoard of supervisors, cy deputy clerk. RESOLUTION N0. 72/266 When recorded Return RCC©7 D 1 1U G RL0 Ui.7 t C (4r`(' ; - 72 PACE prb5eehh��n Boo Wl ,Ll Contra Costa County 4V co -TRAcoSTA coI rmy, Public Works Department .4 Highway Planning Division '24 imllc WORY!c nFD Martinez, California `'�C NO TAX DUE Attn: D. Tonelli Road �� co. Rd. No. CONSIDEATICN -i'1.S. ' SvB 4225 Ass;ssors No. — LESS THAN $100 GRANT DEED FOR VALUABLE CONSIDERATION, 1H/0FMANN CONSTRUCTION CO. a California corporation, hereby grants to THE/COUNTY OF CONTRA COSTA, a Political Subdivision of the State of California, Grantee, and its governmental successor or successors, the future "development rights", as defined herein below, in that real property known as Countrywood Common Properties, situated in the County of Contra Costa, State of California, and more particularly described as follows: PARCELS A, B and C, TRACT 4225, filed in the Office of the Recorder of the County of Contra Costa, State of California, on the 2-1, day of A p P, I L. 1972, in Book j 45 of Maps at P age 3 2 . "Development rights are defined to mean and refer to the right to approve or disapprove of any proposed construction, development or improvement other than patios, walkways, picnic areas, play areas, drive and parking areas, reasonable and necessary lighting standards, courtyard areas, such other facilities as may be deemed desirable exclusively for the recreation and leisure of the residents of Countrywood, and any and all planning, design and land- scaping incident thereto. The "development rights" are, and shall be a form of negative easement over all of said property, which shall run with the said property and shall bind the current owner and any future owner or owners of all or any portion of said property. In the event of a disapproval of proposed construction by the Grantee or its successor, said proposed construction shall not be performed. Grantee or its successor may condition its approval of any proposed construction upon the prior or subsequent performance of such conditions as Grantee may deem appropriate. Any owner or owners of all or any portion of said property desiring to develop any improvement requiring the approval of Grantee or its successor herein shall submit to such entity a written proposal describing the nature, STATE OF CAUF'OMMA SS COUNTY OF ,{ TA ON......- 9?7�Z----------------------j1......._................................ 19.7 before me,the undersigned,a Notary Public in and for said/County and State,personally appeared .... ..... .................known to me to be the Ve.L.tC.President, and...................... ................................... ........................... r, •,tirsrr:.�r'rn.';�tti":.�.ti4�Stiti'+�ti'�R+ +t known to me to be the Secretary of the Corporation that executed the within instru- OFFIC1A. SEA. f'_: K KAMENY ment and the officers who executed the within instrument on behalf of the Corpora- 4 NOTAR' V011LIt, CALIFORNIA CONTRA COSTA COUNTY tion therein named,and acknowledged to me that such Corporation executed the Gl Lrr..-.:,suu Er,tres oct.14.1974ti within instrument pursuant to its By- w70r Resolution of its Board of Directors. Notary's Signature_............... ... ...........................--...... .........-......................-----........ COR►O�At1ONAp(NOMIIEOQMp�IT �,f ��•-�� Form No.1� Type at Print Notary's Nsale............................................ ...1... ....... _. ..e,,t7 f.......... aoo 6659 PxF722 extent and location of such improvement. Grantee or its successor shall have thirty (3p) days from receipt of such proposal in which to grant its approval or disapproval. Failure by Grantee or its successor to respond y within said time period shall be equivalent to the approval of sueft-,proposal. DA TED this 11th day of April, 1972. HOFMANN CONSTRUCTION CO. , a California corporation By. By: CEItT1FICATE OF ACCr•.PTAKCE nY COUNTY OF CO::Tr.A t.USTA THIS IS TO CERTIFY that the Interest in real property wnreyed by the decd or grant dated ___A P I L 11 a _.� 2 _ front Mnl I Ai GD.tlSLtZVS.IIS2lL Co the Grantors named therein. to County of Contra Costa, a Iwlitical subdirl;icn of the Stale of California, is hereby accepted by order of the Eo:ird ofand the Grantee consents to recordation thereof by its duly authorized cMIcer. S+ Dated 24 APR%L'7 2 W. T.PAASCIi-CyjtJNTY CLERK Deputy t F I LE ® W. T. PAASCH CLERK BOARRD�OF SUPERVISORS fiv i CONTRA COSTA COUl,ItY Recorded at requegf a+ min. pasty6 MAY 24 1972 C-11'"a Costa County R coe rde Wq T. Paasch, Recorder. *IND OF DOCUMENT* s SUBDIVISION AGREEMENT (§1) Subdivision: 4225 (§1) Subdivider:Hofmann Construction Co. (B. & P. Code §§116ZZ-12) a California Corperation 1 Effe-tive Date : April 10, 1972 (Contra Costa County (§1) Completion Period: 1 year Standard. Form; 8-67) (§4) Deposits : A. (cash 500. B. (bonds , etc. ) 1. (faithful perf. & maintenance) $ 63,100 2. (labor,materials) 1. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 11. Improvements. Subdivider shall construct , install and complete road and street improvements, tract drainage, street signs , fire hydrants , and all improvements as reouired by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department . Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and wi be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429 ; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement , Subdivider shall, pursuant to Bus . & Profs . Code §116121 deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (Z - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier' s check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus (2 - Labor & :Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost , securinr- payment to the contractor, to his subcontractors , and to persons rentin.cr, equipment or furnishing labor or materials to them or to the Subdivider. 5. ;:'arra�z� , . Subdivider warrants thpt said imvrovement plan is ade- ouate to acco-nlish t'ii:- -pork as rro"i.;er in Section 2 : and if, at anv tirre before t':e Ccunt'' ' s resolution of cc--- l.,`_on for the subdivision, the improver^ent plan. -.roves to be inadequate in anv respect , Subdivi- der shall ma,<- changes necessar-: tc ac,,=rli.-,h 'he work as Dromised. -1- 6. No Waiver by Count Inspection of the work and/or materials , or approval of work ani/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement , or acceptance of the whole or any part of said work and/or materials , or payments therefor, or any combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- inr; any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as aefined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards , commissions, officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s ) , action(s) or other proceedings) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plans ) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. b. Costs. Subdivider shall pay when due all the costs of the work, incl d ng inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall Day the costs and charges there- for immediately upon demand. If Counter sues to compel performance of thio agreement or recover the cost of completing the improvements , Subdivider shall pay all reasonable attorneys ' fees , costs of suit , and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements , the subdivision is annexed to a city, the County may assi¢n to that city the County' s rights under this a:,reement and/or any der_ osit or bond securin.r them. Z_. record i'a^ In consideration hereo_, rcunty shall allot.: Subdivider to file and rccord said subdivision map , and recognizes this subdivision as one co*rplyinr with State laws and County ordinances . -2- 1 FILED Y W. T. PA4; CMX som of suPelrvIW" 8� q C UNTY D10ai) COUNTY OF CONTWTASUED/IU,_IDER= (see note below) Hofmann Construction Co. a California By - [_nrasritiem Chairman, Board of Supervisors cif 1� By d J, e� ATTEST: W. T. PAASCH, County Clerk Designate official capacity in the & ex officio Clerk of the Board business) .9y Note� dive (1) Execute Deputy acknowledgment form below; and (2) If a corporation, attach a certified copy of (a) the bylaws FORM APPROVED: - JOHN B. CLAUSEN or (b) the resolution of the Board County Counts of Directors, authorizing execution of this contract and of the bonds required gy hereby. Deputy State of California ) ss. (Acknowledgment by Corporation, County of ' Contra Costa ) Partnership or Individual) Or, Argil 10. 1972 , the person(s) whose name(a) is/acs signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. OFFICIAL SEAL JEANRTTE M. RICHARDS NOTARi PUBLIC-CAUrURNIA PRINCIPAL 'OFFICE IN I� CONTRA COSTA CovNTI &V caw"b>*"pawn"II, 1W4 Jeannette M. Richards -- —i Notary Public for said County and Stats (Subaiv. Agrmt• CCC Std. Form) (60-9; Rev. 9-69; 200) CORPORATE RESOLUTION HOFMANN COMPANY April 10, 1972 RESOLVED, that Albert T. Shaw, Vice President, is directed to execute a contract with Contra Costa County for the subdivision agreement for Subdivision #4225, and to execute the bonds required thereby. X'Z Hope Holmanni, 'Secretary _ .f MINUTES OF SPECIAL MEETING OF DIRECTORS OF HOFMANN COMPANY A special meeting of the Board of Directors of Hofmann Company was held at 989 Detroit Avenue, South, Concord, California, on April 10, 1972, at 10:00 a. m. All of the Directors were present. The meeting was called to order by the President, who presided as Chairman. The President made an oral report concerning the activities of the officers in the general conduct of the business of the corporation since the previous meeting of the Board, and upon motion made, seconded and carried, the following resolution was adopted: RESOLVED, that all of the acts of the officers in the general conduct of the business of the corporation since the previous meeting of the Board of Directors, be, and they hereby are, approved, ratified and adopted. The special meeting was held for the purpose of authorizing Vice President Albert T. Shaw to execute a contract with Contra Costa County for the Subdivision Agreement for Subdivision 4225, and to execute the bonds required thereby, After discussion, the following resolution was adopted: RESOLVED, that Albert T. Shaw, Vice President, -is directed to execute a contract with Contra Costa County for the subdivision agreement for Subdivision 4225, and to execute the bonds required thereby. There being no further business the meeting adjourned. Hope "Hofmagn; Secretary STATE OF CALIFORNIA lSS COUNTY OF Contra Costa ON------- --------------APri1,-ZQ........................... ................... M...72before me, the undersigned,a Notary Public in and for said County and State,personally appeared Albert.,`F,....thaw......................-- .... ------..-.known to me to be the OFFICIALSEAL ... .i<ce.........President, and...... ......... ..... .. ........................................................... ,{ IEMNME M. RICH= known to me to be the Secretary of the Corporation that executed the within instru- 1G NOTARY PUBLIC-CALIK)RH1A 1) PRINCIPAL OFFICE IN ment and the officers who executed the within instrument on behalf of the Corpora- Iu CONTRA COSTA COUNTY II My Cemmiuion Expires FebrurAry •. 1974 tion therein named,and acknowledged to me that such Corporation execute cl the within instrument pursuant to its By-laws or a Resolution of its Board of Directors. Notary's Signature............. ^--r^ CORKMATION ACKNOWLEDGMENT Jeannette M. Richards 1tirlx or Print Notary's Name......... . .................................................................................. Form No,i♦ .... [t 1hW of California C*9t tt of Alameda }s5 (9n -____.day__..___ ...._...day oi__..._ __ in the year One Thousand Nine Hundred and SPUPEltytiMbefore me MAR.J. a Notary Public in and for the County of __ ALAMEDA therein, duty commissioned and sworn, personally appeared..___.._-..__...._.................... _._, JAMES W. JENKINS _....._._.........._..__.. ... ... ..._..r_ - -- -..._........... ...._.._.. r.VLtiS`,f4�.WIai.Y1Wti OrFICI:�i. Sl:\L mown to me to be the person i'`g_... described in and whose nnme... subscribed to the �.........._.. MAC{c V. DFLSOI within instrument as the ATTORNEY IN FACT of AMERICAN INSURANCE COMPANY ., NOTARY ri!; W BOND NO SC 6247119 SUBDIVISION TAX BOND KNOW ALL MEN BY THESE PRESENTS : That we, HOFMANN CONSTRUCTION CO. , a California Corporation as Principal and AMERICAN INSURANCE COMPANY as Surety, are held and firmly bound unto the COUXT)(� OB CONTRA COSTA State of California, in the penal sum of TWENTY ONE THOUSAND AND nol00c� :�,c�c,r,cDollas�P .ftQQa4QL lawful money of the Unite States of America, to e State of California, for which payment, well and truly to be made , we bind ourselves , our heirs , executors , administrators , successors and assigns , jointly and severally, firmly by these presents. The condition of the above obligation is such that WHEREAS , the above named principal is about to file a map entitled, TRACT 4225, COUNTRYWOOD SUBDIVISIONP CONTRACOSTA COUNTY, CALIFORNIA and WHEREAS , there are no liens against the subdivision or any part thereof for unpaid state, county, municipal or local taxes or special assessments Collected as taxes , except taxes or special assessments not yet payable. c NOW THEREFORE , if the said Principal shall pay on or before December 10 , 1972 , all taxes and assessments which are now a lien against said tract, or any part thereof, but not yet payable at the time of filing of the map of said tract, then this obligation is to be void and of no effect; otherwise to remain in full force and effect. SIGNED, SEALED AND DATED this 10th day of April 19 - --Principal-- --Surety-- HOFMANN CONSTRUCTION CO a California AMERICAN INSURANCE -COMPANY " Corporation � B — ✓ B •es W. JenkinAt orney-in-fact 1110 ENT PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY DEPUTY PUBLIC WORKS DIRECTORS PUBLIC WORKS DIRECTOR F. R.BROWN 6TH FLOOR. ADMINISTRATION BUILDING R. D. BROATCH CHIEF DEPUTY PUBLIC WORKS DIRECTOR MARTINEZ. CALIFORNIA 94553 VERNON L. CLINE TELEPHONE 20.3000 R. M. RYGH (RM. 1)5 COURT HOUSE) April 24, 1972 HP - Subdivision 4225 Honorable Board of Supervisors Administration Building Martinez, CA Gentlemen: There is submitted for your approval the map of Subdivision 4225 in Supervisorial District IV in the Walnut Creek Area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one-year time limit for completion is April 10, 1973. 2. Performance bond, in the amount of $63,100. This bond, together with a $500 cash deposit (Auditor's Receipt No. 98445, dated April 12, 1972) is to guarantee completion of road and street improvements as required by the County Ordinance Code, 3. Labor and Materials Bond, in the amount of $63,600. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1972-73 tax, which became a lien on the first Monday of March, 1972 is estimated to be $21,000. 5. Tax Bond, in the amount of $21,000 guaranteeing payment of estimated tax. The map is submitted for filing by Transamerica Title Insurance Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. DLo.v-d GE1VFD Very truly yours, VICTOR W. SAUER R - W. �,/ 1g-12 Publ' ks Director 7` b l " W. T. PAASCH CLERK BOARD OF SUP 60v1SORS B / BY ,. NT �!,�&P-a ul E. Kilkenny Assistant Public Works Dir for BJK:fa Highway Planning cc: Transamerica Title Insurance Co. Planning Dept. Construction Division tre,the betote 4eated tsora - e to be .- _ -- orrt� tom sa'd C the��tr, C°tQota e �4i,1 e and 'sited lE°E the c` 1SS .r that e beha e`e ,t eet0 fat,°t� pert Or °ta�,or d°E pit E GP� �, rtSa 5ta �vrde dA'lb _ ?dert,at' ctetatyC° tsyoC G° �reo its Lx Ethoo %kOCl dtbeTe $oat_ s°� SsPtE CF ce 4te5°�et't'e ho eXe°rtvNedoed tis of aRe c t5 k x j to the off` and att°its �� oared,we v�rat, ..--''• �,.... of�ErM_�ACN \N,P � treo thetert,v�`ert P . -...�a��et�e"•. jLj P, \FP ` n� o - V Ve pC a Fin^ BOND NO. SC6247118 IMPROVEMENT SECURITY BOND (FaithfuZ Performance & Maintenance, AND Labor & Materials) (CaZif. Bus. & Frof. Code §ZZ6121; Contra Cosi.: County Standard Form) Z. OBLIGATION. (PrincipaZHofmann as Principal, and (Surety) AMERICAN INSURANCE COMPANY a corporation organized and existing under the laws of the State of and authorized to transact surety business in California, as Surety, here y jointly and severally bind ourselves, our heirs, executors , administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintenance) SIXTY THREE THOUSAND ONE HUNDRED AND no/100------- Dollars ($63,100.00 ) for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials) SIXTY THREE THOUSAND SIX HUNDRED AND no/100------ Dollars ($63,60o.00 ) for the benefit of persons protected under Cal. Bus. &Prof. Code 511612. 2. RECITALS. The Principal contracted with the County on April 10, 1972 to insTall and pay for street, drainage, and other improvements in Subdivi- sion No. 4225 , as per map now being filed with the County's Recorder, and to complete said work within one year from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors , subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement , and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and 'holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on April 10, 1972. PRINCIPAL SURETY Hofmann Construction Co. a California CorporationAMERI INSURANCE C MPANY By LG�Ci'ct-C. �- ,1le 2 l ,A By U * es� 'ns, to n y-in-fact iE State of California ) ss, County of Alameda ) (A LEDGMENT BY SURETY) • On the person() whose names) is/arae signed above fo^ S- rety add who is known to me to be the Attorney(`&)-in-Fact for this Ccrporate Surety, personally appeared before me and acknowledged to me that he/tisy signed the name of the Corporation as Surety and his/t*m*r own name(,c&) as its Attorney(s)-in-Fact. ' Notary Public for said County and State (Imp. Sec. Bond, CCC Std.Form (HP-Z5;Rev. 8-67; 200) 1, MARIE V. DELSOL NOTARY f•U�LII: lALir(iriAllA f ALAMEDA COUPJTY my Comniss'an Expires hor.26,1913 Y.YiYIriV1.VWtiti 1 EDWARD W. LEAL ALFRED P.LOYEU COUNTY TREASURER-TAX COLLECTOR AssAialit County Treasurer-Tax CoHectar PHONE 228-3000 EXT. <?es TAX COLLECTOR'S OFFICE r1A5T INSTALLMENT Or TAi(f DUE AND PAYABLE CONTRA COSTA COUNTY FIRST IMSTALLNE T of TAStt D(LINOU(NT ON TMc rllaT oA. or Novtrete MARTINEZ. CALIFORNIA oN TMt TENT. .AT pr o[ctr.t. 5[f ONU INSIALLIOWNT PAVA OF TSI({ S(CONO INSTALLYEM1T Or TAM Its nuE AND�AOF FE A`�l 7, 19V DCL1NournT pN THE FIeST DAY OF F[.RUARr 11P t 7/�• ON TM[T[NTM OAT Or APRIL IF THIS TRACT IS NOT FILED BY OCTOBER 31, 1972, THIS LETTER IS VOID This will certii`y that I have examined the map of the proposed subdivision entitled: TRACT NO. 4225 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1971-72 tax lien has been paid in f11ilo Our estimate of the 11727T_ tax lien, xhicb beeme a lien on the first day of Mar6_7 7_. is $ 21, ,000.00_ EDWARD W. Redemption 0 oer By: tl dl FILED W. T. PAASCH CLUK HOARD OF SIMPV150 O�T �A sy iu "r IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA May 7 1974 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4227, Danville Area ) Deposit: $500 ) Auditor's Permit No. 102139 ) Dated September 14, 1972 ) Refund to: ) Westward Builders ) 13201 San Pablo Avenue ) San Pablo, California 94806 j On "ril 30, 1973 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. The foregoing order was passed by a unanimous vote of the Board. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 7th day of May , 197 4 4 , CLERK cc : Public Works (2) J. R. OLSSOH Subdivider Westward Builders By f G Deputy Clerk Helen C. Marshall I n�±c� WH N RECORDED RETURN TO . • H00�(wall 1 Ee ! MAY —3 1973 RECORDED AT REQUEST OF ejer' • - CONTRA COSTA COUNTY 00 �r� 41689 _.._ MAY.._3.�............. AT O'CLOCK M. swim COSTA cowo mmm W. I PAASCH COMY RECORDER FEE 6 l� �.i� op sir=sons 0? WCOWMA CO3TA CCU-NTT, STATS 07 CALnPORN2A l� the _atter o: Ca®2otion ) of ll~prove ta, Subdivision ) BE-40L=03 NO- 73.1303 4227, Dsadll a Anel. tb• Public Workm Director having notified.this Board that constroetion of imroveetents -heti been completed in (.Subdivision 1,,227j," Danville awa, as prodded in the egrg�mmt heretofore executed by this 9oard in eonjuaation with the filing of the saWIvision amp; ljow'o TSS�OA3, 22 IT RWOtM that the improveoants in the following subdivision have bean ea Mleted for the pnnwee, of establiabbW a teswdnal period for MUM of litre in assn► of action under said 9rtiiiv1sioo Age m-ft 3abdivis3en Date or Aire�r:t 4227, Danville area octobw 3, 1972 (lnssronea cempww of Narft America — s d ito. A 70 78 85) B$ I? pORa10LM that the $500 cash deposit as surety (Auditor's Deposit PwAdt Bo. 1x2139 dated September 14, 1972) be R!lAlglD for cane year pursuant to the mpdrements of Section 81129(b) of the Ora ==* Coda as amded. PASSE AND AMP= this 30th day of April, 1973 by the follwift seta of the beards AM=: Supervisors J. P. x6ows J. Be Moriarty, E. A. Linscheid, A. H. Dass. 303I1 None. ABSM-. snperviser W. N. ase. CERTIFIED COPY I cer i'v that this is a full, true & co:reet copy of the ori,nai docs e: t;hiciz is c?: fila ir. ;T;=, of tcF, CC; Recorder✓ and that it t...� t f_ c.c;n-ied �c `�� Board mss::.; P-sblic Works Director - - o. Surem-isn-a c: C::�,t::: Coz;-a t' C life Subdivider :__ . rnia, or. Xaa3*r Ast-na the date shoo-n. AT:I-T: : . T. PASCK, counq '1_2730 San ?ablo Avenue cle'c,?--ex-officio cleric of said Board of Sj pervisors, Ricbmond, California 94805 by deputy cleLrk. + , L To 3jlfz� it0. 7311/3-0-3, r MD Or GJCU(vSENT 6870 6849 P;UM RECORDEDAT Tof JAN 24 1973 CC:tiiu1 vOSTA RECr AT .3-�o�c�oc,c 24 1973 U. OIRi Loex W. T. PMSCH aounnr SooaosR FEE S OWL IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of Tract 4227, Danville Area. ) RESOLUTION N0. 72/645 ) ) WHEREAS a map entitled Tract 4227 property located in the Danville area , having been presented o this Board for approval, said map aving been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1971-1972 tax lien has been paid in full, and the 1972-1973 tax lien, which became a lien on the first day of March, 1972, is estimated to be $4,200; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4. Title 8, of the County Ordinance Code; Surety bond (No. M 70 78 85) issued by Insurance Company of North America, with Kaiser Aetna, a partnership, as principal, in the amount of $800 for Faithful Performance, and $1,300 for Labor and Materials; A $500 cash deposit (Auditor's Deposit Permit No. 102139 dated September 14, 1972); Tek Bond (No. M 77 58 12) in the amount of $4,200 guaran- teeing payment of estimated 1972-1973 taut; Subdivision agreement between Kaiser Aetna subdivider and the County of Contra Costk, wherein sa su e- ider agrees to complete road and street improvements, etc., in said subdivision withiy� 1 year_from the date of said agreement; RESOLUTION NO. 72/645 Form #23; 70-4-500 Boor6849 w283 NOW, THEREFORE, BE IT RESOLVED that said bonds and deposit and the amounts thereof be and the same are hereby APPROVED. BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and Supervisor E. A. Linscheid, Chairman, is AUTHORIZED to execute same on behalf of the County. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the pub- lic any of the streets, roads, avenues or easements shown thereon as dedicated to the public. BE IT FURTHER RESOLVED that the Chairman is AUTHORIZED to L;xecue an instrument granting Contra Costa County an easement for ormtdrainage purposes, from the Southern Pacific Transportation Company. bE IT FURTHER RESOLVED that a grant deed dated September 19, 1972 from kaiser Aetna, a partnership, said deed conveying the future "Development Rights" within Lot 1 of Subdivision 4227, is hereby ACCEPTED. PASSED AND ADOPTED this 3rd day of October, 1972 by the following vote of the Board: - AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. NOES: None. ABSENT: None. cc: Public 1 orks (2) Planning ' Subdivider - Kaiser Aetna 12730 San Pablo Avenue Richmond, California 94805 CERTIFIED COPY I certify that this is a full, true & correct copy d the original document which is oa file in my office, and that it was parsed a adoi)ted by the Board of gtrenisots of Ccrtra C,.. C.»^.ty. Califorila, on the date shown- ATTEST: V%• "1•• PAA6CH, county cleric&ex-offic-io cie:3z of paid Board of Supervisors, by deputy clerk. RESOLUTION NO. 72/645 1. RECORDING REQUESTED BY CONTRA COSTA COUNTY PAGES AND WHEN RECORDED MAIL TO aa�q rUBLIC WORKS DEPT. ( ddss e �:.J � HIGHWAY PLANNING DIP. cley6•s� „ IpI RECORDS SECTION ."� r.. SPACE ABOVE THIS LINE FOR RECORDER'S USE w�' t File: 25051/312-21 Mile Post BO-55.153-X-N �s THIS INDENTPRE, made this Z_Z_4WI day of 1972, by and between/ SOUTHERN PACIFIC TRANSPORTATION COMPANY, a corporation of the State of Delaware, herein termed "Railroad", and COUNTY OF.' CONTRA COSTA, a political subdivision of the State of California, address: Administration Office, Martinez, California, herein termed "Grantee"; WITNESSETH: 1. Railroad hereby grants to Grantee, subject to the reservations, covenants and conditions herein contained, the right to construct, reconstruct, maintain and operate a twenty-four inch (24") reinforced concrete storm drain, hereinafter termed "structure", beneath the tracks and property of Railroad at or near Danville, in the County of Contra Costa, State of California, crossing the center line of said tracks at Engineer Station 595+57, Mile Post BO-55.153, in the location shown on the print of Railroad's Western Division Drawing 312-1351, Sheet No. 1, revised July 12, 1972, attached and made a part hereof. Said structure shall be installed in accordance with the speci- fications indicated on the print of Drawing C.S. 1741, also attached and made a part hereof. -1- 5u13 vZZ 7 Form C-2, 511W.2 6849 X285 w� Project markers in form and size satisfactory to Railroad identifying the facility and its owner will be installed and con- stantly maintained by and at the expense of Grantee at Railroad property lines or such locations as Railroad shall approve. Such markers shall be relocated or removed upon request of Railroad without expense to Railroad. Absence of markers does not constitute a warranty by Railroad of no subsurface installations. 2. This grant is made subject and subordinate to the prior and continuing right and obligation of Railroad, its successors and assigns, to use all the property described herein in the per- formance of its duty as a common carrier, and for that purpose there is reserved unto Railroad, its successors and assigns, the right (consistent with the rights herein granted) to construct, reconstruct, maintain and use existing and future railroad tracks , facilities and appurtenances and existing and future transportation, communication and pipeline facilities and appurtenances in, upon, over, under, across and along said property. 3. This grant is made subject to all licenses, leases, ease- ments, restrictions, conditions, covenants, encumbrances, liens and claims of title which may affect said property, and the word "grant" as used herein shall not be construed as a covenant against the existence of any thereof. 4. The rights herein granted to Grantee shall lapse and become void if the construction of said structure upon said property is not commenced within one (1) year from the date first herein written. 5. Grantee shall bear the entire cost and expense of construct- ing, reconstructing and maintaining said structure upon said property. Grantee agrees that all work upon or in connection with said structure shall be done at such times and in such manner as not to interfere in any way whatsoever with the operations of Railroad. The plans for and the construction or reconstruction of said structure shall be subject to the approval of Railroad. Grantee agrees to give Railroad five (5) days' written notice prior to commencement of any work of construction or reconstruction. Grantee agrees to reimburse Railroad for the cost and expense to Railroad of furnishing any materials or performing any labor in connection with the construction, reconstruction, maintenance and removal of said structure, including, but not limited to, the installation and removal of such falsework and other protection beneath or along Railroad's tracks, and the furnishing of such watchmen, flagmen and inspectors as Railroad deems necessary. In the event Railroad shall at any time so require, Grantee, at Grantee's expense, shall reconstruct or alter said structure or make changes in the location thereof upon receipt of written notice from Railroad so to do. 6. As part consideration, Grantee agrees to pay Railroad an amount equal to any and all assessments which may be levied by order of any authorized, lawful body against the property of Railroad (and which may have been paid by Railroad) to defray any part of the cost or expense incurred in connection with the construction of said structure upon said property commenced within one (1) year from the date first herein written. -2- Form. C-2, 5/19/7.8 - mox 680 P� 286 7. Grantee, its agents and employees, shall have the privilege of entry on said property for the purpose of constructing, recon- structing, maintaining and making necessary repairs to said structure. Grantee agrees to keep said property and said structure in good and safe condition, free from waste, so far as affected by Grantee's operations, to the satisfaction of Railroad. If Grantee fails to keep said property and said structure in a good and safe condition, free from waste, then Railroad may perform the necessary work at the expense of Grantee, which expense Grantee agrees to pay to Railroad upon demand. 8. In the event any work upon or in connection with said structure or its appurtenances, to be done upon or adjacent to the tracks and property of Railroad should be let to a contractor by Grantee, such work shall not be begun until such contractor shall have first entered into an agreement with the railroad company which operates on said property, satisfactory to said company and indemni- fying Railroad from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. Such contractor shall furnish, at the option of and without expense to Railroad, a reliable surety bond in an amount and in a form satisfactory to said company guaranteeing the faithful perfor- mance of all the terms, covenants and conditions contained in said agreement, and a certified copy of a policy of Public Liability and Property Damage insurance within limits specified by and in a form satisfactory to said company, covering the contractual liability assumed by contractor in said agreement to be entered into with said company by such contractor. 9. Grantee shall assume all risk of damage to said structure and appurtenances and to any other property of Grantee or any prop- erty under the control or custody of Grantee while upon or near the property of Railroad incident to the construction or maintenance of said structure caused by or contributed to in any way by the con- struction, operation, maintenance or presence of Railroad's line of railroad at the above-mentioned location. 10. Should Grantee, its successors or assigns, at any time abandon the use of said property or any part thereof or fail at any time to use the same for the purpose contemplated herein for a continuous period of one (1) year, the right hereby given shall cease to the extent of the use so abandoned or discontinued, and Railroad shall at once have the right, in addition to, but not in qualification of the rights hereinabove reserved, to resume exclusive possession of said property or the part thereof the use of which is so discontinued or abandoned. Upon termination of the rights and privileges hereby granted, Grantee, at its own cost and expense, agrees to remove said structure from said property and restore said property as nearly as practicable to the same state and condition in which it existed prior to the construction of said structure. Should Grantee in such event fail, neglect or refuse to remove said structure and restore said property, such removal and restoration may be performed by Railroad, at the expense of Grantee, which expense Grantee agrees to pay to Railroad upon demand. r' -3- VM OF CAUFO W CONTM CWA O wf M SY WIKtC AGENIC! Itit, fist, 1161 i who s{gnod this 0.0-.ettt,emmitr knor:n to me. ano kwv, me t0 be a>ctrsf>tc� of h:et er the �:`.re nam.•;, ?c:• c potation., ag^nay er acte::x+ > c:s:4r or tnr to behalf of Sziu %UWAC oct!, a:; a.:snr oets:ruaj ax+.•rr,• �" me tooay and ackrcwtecp_e io me trait sai3 D"wic D,n:,. this oocumznl. M.T.PAAArS++�C�N CJoouu�nty�C1111%�t�Etvo:ti�cioo Clot►of fsoatu o+Srberrt%cr. ,Lot. j .t .a r STATE OF CAWFORNiA �,Q� City and County of Sae Francisco M9 ss' W V % OM ibis >=--Ly q is the year One Tbousaad Nie*Haaied and Seventy 71"c' be/orewo.Gene H.Elinger .alloggry Public is d0djor Oe City sod Foa;;tyof Saw Frmcisco.Stal4rol California, porsmollyaWred W. M. jaekle and R.W. Humphrey, baoaw to M to to the Vice Presidm sod Assisanr Secretary,respectively,of the corpmetiar described in and that executed the adtbie issiramee4 and also baousr to we to be the persons a**executed it an babalf of the corporatioe tbereirr and tboy aciaouded ed to so tbat suck corpretioa executed the GENE H. ELLINGER SAM. ��• NOIARY PUBLIC-CALIFORNIA PRI."ICIPAL PLACE OF S!USMESS IN j IN WITNESS/'HEREOF. l bov*berounto set my band dad affixed sty official t-`.oi it CITY AND COUNTY OF t seal du my office in the City rd Corney of Saw Fnacisco, the day and yet is ibis SAN FRANCISCO c*rtificate just above 'It**. l trey Commission Expires July 11. 1975 e Cotporatioa Notary Public in sed for the City and County of San raacisco.State of California. F+ My Commiaoon Ezpkes July 11, 1975 Form C-2, 5/19/. 2 aooK mv287 11. This agreement is subject to the rights of Southern Pacific Pipe Lines, Inc. , hereinafter termed "Pipe Line Company", to con- struct and maintain a petroleum, natural gas and related products pipeline, a portion of which is located as indicated on the attached print. Grantee agrees to reimburse Railroad for all expenses incurred by Railroad and for all amounts which Railroad may expend in reim- bursement to the owner of the said pipeline, which expenses or amounts would not have been incurred except by reason of the use of the premises by Grantee, its agents, employees or invitees. above Said structure shall be installed wee 4v the said pipeline with a minimum clearance of one 1 foot* Grantee agrees to: (a) expose the said pipeline by hand at the point of its crossing with said structure in the presence of a Pipe Line Company representative; (b) notify Pipe Line Company's District Superintendent at Roseville, California, , at least one (1) week prior to commencement of work in the vicinity of said pipeline. 12. Insofar as it lawfully may, Grantee agrees to indemnify and save harmless Railroad and/or Pipe Line Company, their officers, employees, agents, successors and assigns, from all claims, liability, cost and expense howsoever same may be caused, including reasonable attorney fees, for loss of or damage to property and for injuries to or deaths of persons arising out of the construction, reconstruc- tion, maintenance, presence, use or removal of said structure regardless of any negligence or alleged negligence on the part of Railroad and/or Pipe Line Company employees. � ! The word "Railroad" as used in this section 12 shall be con- strued to include, in addition to Railroad, the successors, assigns and affiliated companies of Railroad and any other railroad company that may be lawfully operating upon and over the tracks crossing said structure and the officers and employees thereof. 13. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. 4 r IN WITNESS WHEREOF the parties hereto have caused these presents to be executed in duplicate the day and year first herein written. 4 ` SOUTHERN PACIFIC S •qFA 4, TRANS AT N COMPANY I� COUNTY OF CON COkTA lig By By Tit V;,.6 PT'8slc�AnF Chairman, oar of Supervisors /�� ATTEST: lei. T. P SCH, CLERK Attest: B Assistant Sec er Deputy Clerk, and of Subervisors f -4- S, No Description Do* BY Rev. Regard 'Vent Req, 0.67 P. 1U. 2 Rearrangement of farm 12-67 P IU. 3oof 6w ME289 a o a - _ CL W -- O — .► cn +� zr A f7 A • • • W A sA .+ A Lt A c .= p airy� — q .o w O =r -. • Q C = cy c's `= 3 azmi 1 db N or ca ao 4 A CX ? .j Yt Y • �.�j - M 4� o ii. A 4i • _ cl �'yN N t'f c � � • INC =0 w ".. : T. GL Z �s c% — a �' pulp • � • s„ v i a CA 310 .•+ N C p an M �0 to H A N CL Y O A g :♦ _ ? C o • N •� i/! 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O Z n� ` o O aw^, m ice to N O S �-- r-- -'"'► } t,a p��jcbthi `�°Q � o o' o` n b O b `*m G) ; 'O 2 z 3p �- N�► tit h' ,,, C�jY o C n �> a(t Q i <$ � ao m N 'Tnm rn l i % zZ ZN A ow r" •� T' -aa aF oo�uyl IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of } Tract 4227, Danville Area. ) RESOLUTION NO. 72/645 WHEREAS a map entitled Tract 4227 , property located in the Danville area ., having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1971-1972 tax lien has been paid in full, and the 1972-1973 tax lien, which became a lien on the first day of March, 1972, is estiiated to be $4,200; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4. Title 8, of the County Ordinance Code; Surety bond (140. AI 70 78 85) issued by Insurance Company of :forth America, with Kaiser Aetna, a partnership, as principal, in the amount of $800 for Faithful Performance, and $1,300 for Labor and Materials; A $500 cash deposit (Auditor's Deposit Permit :.o. 102139 dated September 14, 1972); Tax Bond (No. IN 77 58 12) in the amount of $4,200 guaran- teeing paynent of estimated 1972-1973 tax; Subdivision agreement between i:aiser Aetna subdivider and the County of Contra Costa, wherein said sub e- ider agrees to complete road and street improvements, etc., in said subdivision within 1 year from the date of said agreement; RESOLUTION NO. 72/645 Form #23; 70-4-500 NOW, THEREFORE, BE IT RESOLVED that said bonds and deposit and the amounts thereof be and the same are hereby APPROVED. BL IT FURTHER RE6OLVED that said subdivision ac;reenent be and the same is hereby APPROVED and Supervisor L. A. Linscheid, Chairman, is AUTHORIZED to execute same on behalf of the County. BE IT FURTHER RESOLVED that said map be and the sane is hereby APPROVED and this Board does not accept or reject on behalf of the pub- lic any of the streets, roads, avenues or easements shown thereon as dedicated to the public. ::: IT FURLHER P.i=.SUMD that the Chairman is AUTuORIZED to execute an instrument granting Contra Costa County an easement for storm drainage purposes, from the Southern Pacific Transportation Company. BE IT FURT::ER RESOLVED that a grant deed dated September 19, 1972 fromr:aiser Aetna, a partnership, said deed conveying, the future "Development Rights" within Lot 1 of Subdivision 4227, is hereby ACUPTED. PASSED AND ADOPTED this 3rd day of October, 1972 by the following vote of the board: AYES. Supervisors J. 'r. Kenny, A. M. Dias, J. Z. Moriarty, W. fi. Boggess, � . A. Linscheid. 140ES: N one. ABSENT: None. cc: Public Works (2) Planning Subdivider - Kaiser Aetna 12730 San Pablo Avenue Richmond, California 94805 CERTIFIED COPY I aerufy that this is a twi, true & correct copy of tha ori&al docurne nt v:hirh i3 on file in my offiow ;:ad that it v,,= Ly the Board of C;J U::Ly, c;amornia, on r-l-ASCH, county ieltit s eti+.ifi_!�cier;c cf aia L:oard of SupervirorM, uy deputy olerlc. on dz- RESOLUTION !sO. T2/645 WCOQDIAIG QCOUCSTED 13`/ AFFEIZ ECHOING WE TUR 11 TO: r � CONTRA Coll COUNTY PUBLIC woRxEPT. Q's 1 72 nple- � HIGHWAY ?TANNING DIS;--- O �i_ 7.Tn i� Y:. V1 0 �0�� RECORDS SECTION u 23 N� !gigAL G R A N T D E E D W: T. P#=arm4@80MM C) m• 011.E FOR VALUABLE CONSIDERATIO , KAISER ETNA, a California a partnership, hereby grants to THE COUNTY OF CONTRA COSTA, a Political N Subdivision of the State of California, Grantee, and its governmental successor or successors, the future "development rights", as defined herein below, in that real property known as Danville Court, situated in the County of Contra Costa, State of California, and more particularly described as follows: - LOT 1, TRACT 4227, filed in the Office of the Recorder of the County of Contra Costa, State of California, on the 19 day of OC_I 0 3E R 1972, in Book 152 of raps at Page 13 . . "Development rights are defined to mean and refer to the right to approve or disapprove of any proposed construction, develop- ment or improvement other than patios, walkways, picnic areas, play areas, drive and parking areas, reasonable and necessary lighting standards, courtyard areas, such other facilities as may be deemed desirable exclusively for the recreation and leisure of the residents of Danville Court, and any and all planning, design and landscaping incident thereto. The "development rights" are, and shall be a form of negative easement over all of said property, which shall run with the said property and shall bind .the current owner and any future owner or owners of all or any portion of. said property. In the event of a disapproval of proposed construction by the Grantee or its successor, said proposed construction shall not be performed. Grantee or its successor may condition its approval of any proposed construction upon the prior or subsequent performance of such conditions as Grantee may deem appropriate. Any owner or owners of all or any portion of said property desiring to develop any improvement requiring the approval of Grantee or its successor herein shall submit to such entity a written proposal describing the nature, extent and location of such improvement. Grantee o5- 7 � 7 ole 417 STATE OF CALIFORNIA ) SS. COUNTY OF CONTRA COSTA) On September 19, 1972 before me, the undersigned, a Notary Public in and for said State, personally appeared John V. Moore known to me to be the duly authorized agent of all of the partners of the partnership that executed the within instru- ment, and acknowledged to me that he executed the same for and on behalf of said partnership and that such partnership executed the same. WITNESS my hand and official seal. SIGNATURE GPFICiAL SEAL NOTVIVARY P P� A. ROSS NOiARi'PUSCIC CALIFORNIA !!« 4 r CONTRA COSTA COUNTY VIVIAN A. ROSIN My CNamiss4o Espiros Lu.21,1975 KAISER ETNA FORM aov 6797 PA'A18 or its successor shall have -sixty (60) days from receipt of such proposal in which to grant its approval or disapproval. Failure by Grantee or its successor to respond within said time period shall be equivalent to the approval of such proposal. DATED this 19th day of September, 1972. KAISER ETN a Califo is artnership By: John V. Moore Vice President & General Manager CERTISICAT::OF :at:_:-TANICE :Y�QtsUNTY OF l'ON171:�t wSTA S� TWO 0.TOC Gat Ti:Y th,- i,t tu;.:rst .0 ma► PtoP.r�•f�wc�'�es�'7-J uy tilt: aa.•J ur Vw.$- "Led —J-91 the Granton: named tlier in. to Crunty u: Louts CuLu. a suhdh'Inlan of the $�S� of California, is hereby rccertcd by urd�r of the L'oard of :tzi—r i-wri :-_..QL.Gr 3. 19..1.�i, • _1 and the Grantee coaseuts to recordation therevt by its duly auLhor'id ow neer. Dated o C T • 3 . 1 9 7 2 W.T.PAASCH-C01;NTY Cy VIM 'EMD OF DOCUNIIENT" RECORDING REQUESTED By r. AND WHEN RECORDED MAIL TO Name F Street Address City State L zip SPACE ABOVE THIS LINE FOR RECORDERS USE File: 25051/312-21 Mile Post BO-55.153-X-N THIS INDENTURE, made this day of , 1972, by and between SOUTHERN PACIFIC TRANSPORTATION COMPANY, a corporation of the State of Delaware, herein termed "Railroad", and COUNTY OF CONTRA COSTA, a political subdivision of the State of California, address : Administration Office, Martinez, California, herein termed "Grantee"; WITNNSSLTIi: 1. Railroad hereby grants to Grantee, subject to the reservations, covenants and conditions herein contained, the right to construct, reconstruct, maintain and operate a twenty-four inch (24") reinforced i concrete storm drain, hereinafter termed "structure", beneath the tracks and property of Railroad at or near Danville, in the County of Contra Costa, State of California, crossing the center line of said tracks at Engineer Station 895+57, Mile Post BO-55.153, in the location shown on the print of Railroad's Western Division Drawing 312-1351, Sheet No. 1, revised July 12, 1972, attached and made a part hereof. Said structure shall be installed in accordance with the speci- fications indicated on the print ,of Drawing C.S. 1741, also attached and made a part hereof. -1- �rx � t Form C-2, 5/19/7-2 Project markers in form and size satisfactory to Railroad identifying the facility and its owner will be installed and con- stantly maintained by and at the expense of Grantee at Railroad property lines or such locations as Railroad shall approve. Such markers shall be relocated or removed upon request of Railroad without expense to Railroad. Absence of markers does not constitute a warranty by Railroad of no subsurface installations. 2. This grant is made subject and subordinate to the prior and continuing right and obligation of Railroad, its successors and assigns, to use all the property described herein in the per-. formance of its duty as a common carrier, and for that purpose there is reserved unto Railroad, its successors and assigns, the right (consistent with the rights herein granted) to construct, reconstruct, maintain and use existing and future railroad tracks, facilities and appurtenances and existing and future transportation, communication and pipeline facilities and appurtenances in, upon, over, under, across and along said property. 3. This grant is made subject to all licenses, leases, ease- ments, restrictions, conditions, covenants, encumbrances, liens and claims of title which may affect said property, and the word "grant" as used herein shall not be construed as a covenant against the existence of any thereof. 4. The rights herein granted to Grantee shall lapse and become void if the construction of said structure upon said property is not commenced within one (1) year from the date first herein written. 5. Grantee shall bear the entire cost and expense of construct- ing, reconstructing and maintaining said structure upon said property. Grantee agrees that all work upon or in connection with said structure shall be done at such times and in such manner as not to interfere in any way whatsoever with the operations of Railroad. The plans for and the construction or reconstruction of said structure shall be subject to the approval of Railroad. Grantee agrees to give Railroad five (5) days' written notice prior to commencement of any work of construction or reconstruction. Grantee agrees to reimburse Railroad for the cost and expense to Railroad of furnishing any materials or performing any labor in connection with the construction, reconstruction, maintenance and removal of said structure, including, but not limited to, the installation and removal of such falsework and other protection beneath oir along Railroad's tracks, and the furnishing of such watchmen, flagmen and inspectors as Railroad deems necessary. In the event Railroad shall at any time so require, Grantee, at Grantee's expense shall reconstruct or alter said structure or make change9 in the location thereof upon receipt of written notice from Railroad so to do. 6. As part consideration, Grantee agrees to pay_Railroad an amount equal to any and all assessments which may be levied by order of any authorized, lawful body against the property of Railroad (and which may have been paid by Railroad) to defray any part of the cost or expense incurred in connection with the construction of said structureupon said property commenced within one (1) year from the date first herein written. x -2- ' Form C-23 5/19/7i- 7. /.19/72 7. Grantee, its agents and employees, shall have the privilege of entry on said property for the purpose of constructing, recon- structing, maintaining and making necessary repairs to said structure. Grantee agrees to keep said property and said structure in good and safe condition, free from waste, so far as affected by Grantee's operations, to the satisfaction of Railroad. If Grantee fails to keep said property and said structure in a good and safe condition, free from waste, then Railroad may perform the necessary work at the expense of. Grantee, which expense Grantee agrees to pay -to Railroad upon demand. 8. In the event any work upon or in connection with said structure or its appurtenances, to be done upon or adjacent to the tracks and property of Railroad should be let to a contractor by Grantee, such work shall not be begun until such contractor shall have first entered into an agreement with the railroad company which operates on said property, satisfactory to said company and indemni- fying Railroad from and against all claims, liability, cost and expense growing out of the performance of the work to be done by such contractor. Such contractor shall furnish, at the option of and without expense to Railroad, a reliable surety bond in an amount and in a form satisfactory to said company guaranteeing the faithful perfor- mance of all the terms, covenants and conditions contained in said agreement, and a certified copy of a policy of Public Liability and Property Damage insurance within limits specified by and in a form satisfactory to said company, covering the contractual liability assumed by contractor in said agreement to be entered into with said company by such contractor. 9. Grantee shall assume all risk of damage to said structure and appurtenances and to any other property of Grantee or any prop- erty under the control or custody of Grantee while upon or near the property of Railroad incident to the construction or maintenance of said structure caused by or contributed to in any way by the con- struction, operation, maintenance or presence of Railroad's line of railroad at the above-mentioned location. 10. Should Grantee, its successors or assigns, at any time abandon the use of said property or any part thereof or fail at any time to use the same for the purpose contemplated herein for a continuous period of one (1) year, the right hereby given shall cease to the extent of the use so abandoned or discontinued, and Railroad shall at once have the right, in addition to, but not in qualification of the rights hereinabove reserved, to resume exclusive possession of said property or the part thereof the use of which is so discontinued or abandoned. Upon termination of the rights and privileges hereby granted, Grantee, at its own cost and expense, agrees to remove said structure from said property and restore said property as nearly as practicable to the same state and condition in which it existed prior to the construction of said structure. Should Grantee in such event fail, neglect or refuse to remove said structure and restore said property, such removal and restoration may be performed by Railroad, at the expense of Grantee, which expense Grantee agrees to pay to Railroad upon demand. -3- Form C-2, 5/19/7.2 . 11. This agreement is subject to the rights of Soutliern Pacific Pipe Lines, Inc. , hereinafter termed "Pipe Line Company", to con- struct and maintain a petroleum, natural gas and related products pipeline, a portion of which is located as indicated on the attached print. Grantee agrees to reimburse Railroad for all expenses incurred by Railroad and for all amounts which Railroad may expend in reim- bursement to the owner of the said pipeline, which expenses or amounts would not have been incurred except by reason of the use of the premises by Grantee, its agents, employees or invitees. above Said structure shall be installed 4e"est* the said pipeline with a minimum clearance of . one 1 foot Grantee agrees to: (a) expose the said pipeline by hand at the point of its crossing with said structure in the presence of a Pipe Line Company representative; (b) notify Pipe Line Company's District Superintendent at Roseville, California, , at least one (1) week prior to commencement of work in the vicinity of said pipeline. 12. Insofar as it lawfully may, Grantee agrees to indemnify and save harmless Railroad and/or Pipe Line Company, their officers, employees, agents, successors and assigns, from all claims, liability, cost and expense howsoever same may be caused, including reasonable attorney fees, for loss of or damage to property and for injuries to or deaths of persons arising out of the construction, reconstruc- tion, maintenance, presence, use or removal of said structure regardless of any negligence or alleged negligence on the part of Railroad and/or Pipe Line Company employees. The word "Railroad" as used in this section 12 shall be con- strued to include, in addition to Railroad, the successors, assigns and affiliated companies of Railroad and any other railroad company that may be lawfully operating upon and over the tracks crossing said structure and the officers and employees thereof. 13. This indenture shall inure to the benefit of and be binding upon the successors and assigns of the parties hereto. IN WITNESS WHEREOF the parties hereto have caused these presents to be executed in duplicate the day and year first herein written. SOUTHERN PACIFIC TRANSPORTATION COMPANY COUNTY OFCO CO*TA • By By 57tq (Title) a rnan, Board of Supervisors ATTEST: W. T. P SCH, CLERK Attest: B _ . �•C_- Assistant Secretary Deputy er , Board of Supervisors 3 -4- No ' L c,criphon WIC by /I Rev. Regard Vent Req_ 10-67 P. IU. 2 Rearrangement of form 12-67 P IU. ca 10 S n j �, - - o re _ C3. - n d - o _ �v A ? A C7 t0 n 01 f'— A N iL Atb .-• n en C.i O N !! 1t] O '+ — 1.J O O. cap m to C-3 y = n n _ M 3 n nu 1 ? S oma, A o d cm n co cn - C� c- OL N A •' - m o �•r to o — 7 O — — A C7 to A w O ••+ A N an n N{n to c 3 an n = - to — o 3 1o - - s 'n a rn mo v - v ,.. of •r -• to n - O A 3 t1 to CT .-. O t7 !W7 A O Co to J — •J O !, N A Acm t'7 C .-► A O N > .-. Vf Q O to O Q ce r+ to C-3 Vf d A � O = A O in to O C7 4A A = n = s v o to ! t. o A w CO2 n of l* 2 2 o CL N 0 0 0 cl r A N y O Vf ' no O IN. a Or ut can i r a " �, , o �•� Cr <:is sivs V• � M!!� NI.IpN/.�c T 4 1 / p T }- - imp hi N YN AteA• A' � •� � � s � 3o y�� A •: I :; � O r t o N y 3�i � p j r � ' � 4 ; bya L r ' =1ML m"', 'EX xx M2% 7:q - 'Z a 4% Ilk Z. _40, �;=��- -1!,L . I %-- ::�ir- -t , t�. t _c' L'A es 6 A 1 C3, IL Z 0 a St CL_,o a xv Z. jot Cb ,e IL CL Z Q vp I 16-VA- s 0-lor q%� PM ck CL ck lk� .at ?Ak 7Z a, ^ A-r CIA 0. ► 56-Ch, a - - D CL- C, - S a. --c3L Z, M W C, _V IME :j 7Z It n 4Z ft ck�l to Ob zw 06 0 Cb cx:4 ft = R� - % =S; 40 ra &-C. Cb C3, C. u M Off fln. -06-Zlo Q6-06 a Na-!Mx t fts -1mm- - MA. I _u kV. tit CLW?. sb In %, Io- Cb.,o I. ft - % MA In 0 ftm. ',Ol I, 4ILA a ca 7Z 7j am,Qi S. III, Ck I CA% cbo Na p ca-.v O-1 CA% In 0 Cb "J, q 1.1 In ft Ck In :5i 4% ft dcx ch,I& CL ch . In ft.0 Z "r 06 tNK .06 me = Is. 1% lktv In Z6Q .0 CN bym 31. -Alp C's C.-A 06 '00 0 -4 0 1. T" IA 0 Im x if I C) Ir Ul p a PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY DEPUTY PUBLIC WORKS DIRECTORS PUBLIC WORKS DIRECTOR R. D. BROATGH 6TH FLOOR. ADMINISTRATION BUILDING F. R.BROWN VERNON L.CLINE CHIEF DEPUTY PUBLIC WORKS DIRECTOR MARTINEZ. CALIFORNIA 94333 TELEPHONE 226.3000 R.M. RYGH (RM. 113 COURT HOUSE) September 28, 1972 HP - Subdivision 11.227 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 4227 in Supervisorial District V in the Danville area. Accompanying this map and pertaining thereto are the following documents : 1. Subdivision Agreement. Expiration date of one year time limit for completion is October 3, 1973- 2. 973-2. Performance Bond in the amount of $800 This Bond, together with a $500 cash deposit (Auditor's Receipt No. 102139 dated September 14, 1972), is to guarantee completion of road and street improvements as required by the County Ordinance Code. 3. Labor and Materials Bond in the amount of $1,300- 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1972-73 ta_x, which became a lien on the first Monday of March, 1972 is estimated to be $4,200. 5. Tax Bond in the amount of $4,200 guaranteeing payment of estimated tax. The map is submitted for filing by Transamerica Title Insurance Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTOR W. SAUER Pub ' c Ilorks Director BJK:ed cc: Transamerica Title Insurance Paul E. Kilkenny Assistant Public Works Dir ctor Planning Department Highway Planning Construction Division EDWARD W. LEAL ALFRED P.LOMELI COUNTY TREASURER-TAX COLLECTOR Assistant C.-=Iy Tmsarwr•Tax Cousetar PHONE 228-3000 EXT. 2?85 TAX COLLECTOR'S OFFICE FIST MSALL"tNT OfDU[TAND PATABLETA [f CONTRA COSTA COUNTY rltltT INaTA LLrl wT 01 TAt[S D90%QutM1T oN THE rIP{T oA. or Nov{r{[P MARTINEZ. CALIFORNIA ON TN[ TrwTN OAT of O[c[rga STCOND INSTALLY[NT OF TAX[{ {{CONO INffallr[NT OF Tat,t DUT AND PAIIASL[ (] ON TN[VISIT oar or F[MUAwT August 7., 1972 QILINOurhTON "a T[NTN OaT OP APNIL IF THIS TRACT IS NOT FILED BY OCTOBER 31, 19 73 THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: TRACT N C. 4227 and have determined from the official tax records that there are no unpaid Cawty taxes heretofore levied an the property included in the map. The current 1971-72 tax lien has been paid in full. Our estimate of the 1972—„ tax lien, which became a lieu on the first day of March, 1972_. is $4.200_ E13WARD W. LEAL Redemption Office By: dl t STATE OF CALIFORNIA ) SS. COUNTY OF CONTRA COSTA) OnSeptember 19, 1972 before me, the undersigned, a Notary Public in and for said State, personally appeared John V. Moore known to me to be the duly authorized agent of all of the partners of the partnership that executed the within instru- ment, and acknowledged to me that he executed the same for and on behalf of said partnership and that such partnership executed the same. WITNESS my hand and official seal. SIGNATURE NOTAU PU.1LIC CONTRA COSTA COUNTY VIVIAN A. ItQ62 *1COMMissiDuFspites Mr.21,1976 KAISER ETNA FORM 0� INSURANCE COMPANY OF NORTH AMERICA PHILADELPHIA Bond No. M 77 58 12 Premium: $32.00 BOND FOR PAYMENT OF TAXES IN SUBDIVISION OF LAND 'KNOW ALL MEN BY THESE PRESENTS : That we, KAISER AETNA, A Partnership as Principal, and THE INSURANCE COMPANY OF NORTH AMERICA as Surety, are held and firmly bound Unto COUNTY OF CONTRA COSTA hereinafter called obligee in the penal sum of FOUR THOUSAND Two HUNDRED AND NO/100THS----------- DOLLARS ($4,200.00------------) for the payment of which sum, well and truly to be made, we bind ourselves , our heirs, executors , successors and assigns, jointly and severally, by these presents : THE CONDITION OF THE ABOVE OBLIGATION is such that whereas, the said KAISER AETNA, A Partnership the owner of a tract of land representing a certain subdivision of real estate, to-wit: Subdivision 4227, Danville, Contra Costa County for the Taxes for the Fiscal Year 1972. AND WHEREAS, the provisions of the State law require that this bond be filed with the Board of Supervisors of said County. NOW THEREFORE, if the said principal shall pay, or cause to be paid, when due, all taxes, and all special assessments collected like taxes , which at the time of filing said map, are a lien against such �- subdivision, or any part thereof, but not yet payable, then this obligation shall cease and be void, otherwise it shall remain in full force and effect. If legal action is required to recover under this bond, the protection afforded by it shall cover the payment of reason- able attorney's fees. The provisions of section 2845 of the civil cede are not a condition precedent to the surety's obligation hereunder and are hereby waived by the surety, SUBJECT FURTHER, HOWEVER TO THE TERMS OF EXHIBIT A ATTACHED HERETO AND MADE A PART HEREOF. IN WITNESS WHEREOF, said Principal and said Surety have hereunder set their hands and seals this 15th of September , 1972 KA ER AE A , .00 to ship 1k By; ;t INSURANC COMPANY OF NORTH AMERICA •r• BY Larry C. Gerrman Attorney-in-Fact STATE OF CA LIFORNIA SS. COUNTY OF San_Francisco On this___1_5th dad•of September in the Year 1972 BAREARA before mea Abiary Pttblic in and for the TV. STATE OF CALIFORNIA personallt• appeared Larry C. Gerrman known to me to be the person whose name is subscribed to the within instru- ment as the Attorner-in-Fact of the L 'SURANCE COMPANY OF.NORTH - AMERICA, and atInowledged to me that he stibscribed the nalne of the INSURANCE C0,11PANY OF NORTH Ait1ERIC'A thereto as surety and his •,,r;! ;riti}it riuifti ,rney-in-Fact. 1974 Notary Public in and for the State of caGfornia sa•iaie,•,Ret��aa,iM�us:°i1:' w• ,: . E EX it PIT „r..,, In consideration of the benefits accruing hereunder, the County .:of.'Contra ,Costa'': - ,a municipal norporation, and all successors and assigns, covenant and agree that, in the event of any actual or alleged failure, breach or default hereunder by Kaiser Aetna: 1. (a) the sole and exclusive remedy shall be against the partnership Kaiser Aetna and its partnership assets; -(b) no partner of Kaiser Aetna shall be sued or named 'as a party in any suit or action (except as may be necessary to secure jurisdiction of the ?wiser Aetna partnership) ; (c) no service of process shall be made against any partner of Kaiser Aetna (except as may be necessary to secure jurisdiction . of the Kaiser Aetna pa'rtnership) ; (d) no partner of'Kaiser Aetna shall be required to answer or otherwise'plead to any service of process; (e) no judgment will be taken against any partner of Kaiser Aetna; (f) any judgment taken against -any partner' of Kaiser Aetna may be vacated and S.et aside at any time nunc pro tune; (g) no writ of execution will ever be levied against the assets of any partner of Kaiser Aetna; (h) these covenants and agreements are enforceable both by Kaiser Aetna and also by any partner of kaiser Aetna 2. The Surety hereby states that its liabili-v as afforded by the attached bond is in no way limited by the acceptance of any of the foregoing provisions by the obligee. KA6IISER _WftAj.A Partnership C.e. 'P ". Z CMIPP`.`i� OF NOR' II A"12RUC?�By _ Larry C. Gerrman, Attorney-in-Fact A„ SUBDIVISION AGREEMENT (§1) Subdivision: 4227 (B. & P. Code §§ZZ6ZZ-12) (§1) Subdivider: KAISER AETNA 1 Effective Date : October 3, 1572 (Contra Costa County (§1) Completion Period: One ear Standard Form; 8-67) (§4) Deposits : A. (cash) 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ 800.00 2. (labor,materials)$ 1,300.00 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete _ road and street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement , Subdivider shall, pursuant to Bus. 8 Profs. Code §116122 deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . B. Bonds, etc. : (Z - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount , which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors , and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section 2 ; and if, at any time before the County's resolution of completion for the subdivision, the improvement plan proves to be inadequate in any respect, Subdivi- der shall make changes necessary to accomplish the work as promised. -1- 6. No Waiver bzv County. Inspection of the work and/or materials, or approvai of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards, commissions, officers, agents and employees; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceedings) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 6. Costs. Subdivider shall pay when due all the costs of the work, inclu�zng inspections thereof and relocating existing utilities re- quired thereby. 9, Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. 12. Record trap. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances. -2- COUNTY OF CONTRA COSTA SUBDIVIDW (sea nota below) By 41ZAKAI - Chairman, Board of Supervisors 0 �De_aignate e �reii en & General Manager for AT_ST: W. T. PAASCH, County Clark official capacity in the A ex officio Clark of the Board business) Westward Builders By � ic.0 Mots to Subdividers (1) Execute Deputy acknowledgment form below: and (2) If a corporation, attach a certified'eopy of (a) the bylaw FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board County Counsel of Directors, authorizing execution of this contract and of the bonds required By hereby. Deputy State of California ) as. (Acknowledgment by Corporation, County of Contra Costa ) Partnership or Individual) On September 18, 1972 , the person(@) whose nome(a) is/are signed above for Subdivider and who is known to me to be the individual and officer or partnsr as stated above who signed this instrument, and acknowledged to w that he executed it and that the corporation or partnership named above executed it. SEAL — /��i�l�--�� • '� . ROSE C� R- am CALIFORNIAA COUNTYs Yu.21.1ns VIVIAN A. ROSE Notary Public for said County and State (Subdiv. Agrmt. CCC Std. Form) (HP-9: Rev. 9-69: 200) -3- i John V. Moore Subject: Delegation of Authority Pursuant to Sections 6.5.6 and 6.6 of the Kaiser Aetna Partnership Agreement dated July 9, 1969, as amended, and 'the Initial Delegation made pursuant thereto, I hereby delegate to you the following power and authority, subject only to the limitations expressly set forth hereinafter: 1 - To enter into and execute contracts on behalf of Kaiser Aetna for the purchase or sale of any or all goods or ser- vices of whatever kind and for whatever purpose other than the purchase or sale of real property, employment contracts, and contracts for consulting services up to an amount not to exceed Fifty Thousand Dollars; 2 - To enter into and execute on behalf of Kaiser Aetna leases of real or personal property to or from others for an annual rental of up to Fifteen Thousand Dollars and for a term of up to five years; 3 - To prepare and execute applications to appropriate govern- mental bodies for such licenses, permits, and approvals as may be necessary or appropriate in connection with the affairs of Kaiser Aetna's Northern California Shelter Group; to grant easements and licenses to governmental bodies having the power of eminent domain; to make application to city and county authorities for zoning, zoning variations and changes in zoning; to make application for preliminary parcel and/or • subdivision maps to city, county or state authorities; r 4 - To enter into and execute contracts and purchase orders with contractors, subcontractors and material suppliers up to an amount not to exceed Two Hundred Fifty Thousand Dollars,. provided that all such contracts and purchase orders be in a form previously approved by the Kaiser Aetna Legal Department, with no alterations or deletions therefrom, and also provided that all such contracts and purchase orders be entered into pursuant to a previously approved Kaiser Aetna development: The authority contained in this paragraph may be redelegated, provided, however, that a copy of any such redelegation shall be furnished the Kaiser Aetna Legal Department prior to the effective date of said redelegation; .5 - To enter into and execute contracts on behalf of Kaiser Aetna for the purchase of real property up to an amount not to exceed Five Hundred Thousand Dollars, and for the sale of real property consisting of individual townhouses, condominium units, and single family residences, up to an amount not to exceed Fifty Thousand Dollars each. KAI/tN GtNTEN: 800 LAKtOIOt OAOYt.OAKLAND. CALIIOANIA 0400• Y Provided that the foregoing authority shall be executed only in connection with Kaiser Aetna' s Northern California Shelter Group and the activities pertaining thereto. Provided further that all contracts in excess of $5,000 and not on Kaiser Aetna forms shall have prior approval of counsel. This delegation supersedes and cancels all prior delegations of authority previously issued to you. Date: July 19, 1971 7 Fred W. Greenlaw President & Chief Executive Officer FWG:lt cc: W. H. Lindeman Roger G. Galloway STATE OF CALIFORNIA ) ` ) SS. COUNTY OF CONTRA COSTA) On August 24, 1972 before me, the undersigned, a Notary Public in and for said State, personally appeared John V. Moore i known to me to be the duly authorized agent of all of the partners of the partnership that executed the within instru- ment, and acknowledged to me that he executed the same for and on behalf of said partnership and that such partnership - executed the same. WITNESS my hand and official seal. SIGNATURE OFFICIAL SERI, VMAN A. ROSE l✓ • ��— �/ -a rt4Tn sY FUJLiC CALIFOMMA CONTRA COSTA COUNTY VIVIAN 7�TNA"FORM rrwma+s:to,E�pins uu.Zt.tlTi KAISER i C 'BOND Na.' M 70 78 '85 PREMIUM: $10.00 • ' -� �r•;;n,,�:,�Ri.1111n SEC1;»>:`rY i3OND (fiaii%h uZ Perforr;an;c.-: & main:'c;6'ric-nce., fill) Labor rP taterials) (Calif. Bus . 5 Prof. Ccdo Ci7)i ,tr�z Co:319a COuritlf Standard Form) 1. OBLYCATIO?;. (PrivnaZ) KALSER AFTNA- "RTNERSHIP as Principal , and (Suretrn) Insurance Company of North America a corporation orr;anized and existinp- under the 12w.s of the State of Pennsylvania and authorized to ;transact surety 'business in Californft 2., as Surety, hereby jointly and severally bind ourselves , our heirs, executors , administratovs , successors and assigns to the County of Contra Costa, California, to pay it : (A - Faithful Performance , F, Maintenance) Eight Hundred and no/100 - - - - - - Dollars ($800.00 ) for itself or any Cita-assir-nee under the below-cited subdivision contract , plus (B - Labor & Materials) Dollars ($1,300.00 ) for the benefit of persons protected under Cal. Bus. & Prof. Code §11632. 2. RECITALS. The Principal contracted vith the County to install and nay for street , drainer:-e , and other improvements in Subdivision No. 4227 as vee• rran now being filed with the County's P,ecorder, and to complete said work within one year(s) from the effective date of said Contract , all* in accordance with State and local lairs , rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faith-Fully performs all things required of him according to the terms and conditions of said contract and improve- ment plan and improvements agreed on b:t rim and the County, then this obligation as to Section 1-(A) above s::all become null and void, except that the guarantee of maintenance continues for the one-year period; and if he fully pays the contractors , subcontractors , and persons renting equipment or fi:rnishing labor or materials to them for said work and improvement , and protects the preniscs from claims of -_uch liens , then this obligation as to Section 1-(3) above shall become nail and void; otherwiHOWEVERe this TO THE TERMSaOFDEXHIBITns in full A ATTACHEDrHERETO AND(MADE •ASPlIRTC�'EjV8;HER, No alteration of said contract or any plans or specifications Aof said work agreed to by the Princinal and the County shall relieve any Surety from liability on this bond ; and consent is hereby Liven to make such alterations W4 thout further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code 52919 , and holds itself bound without refrard to and independently of any action a!7ainst principal whenever taken, and arrees that if County sues on this bond Surety will pay reasonable attorney fees fixed by court to be taxed as costs and included in the ,judgment . SIGNED AND SEALED on August 24, 1972 PHIAL CInAL SIIRETY KAISER• T , Igtartners1lip Insurance Company of North (America By V/44vsc� y : SFr $nhQn €•, 441#cgl - for Westward Builders Attorney-in-Fact STATE OF CALIFORNIA 15S ! COUNTYOF San Francisco On this 24th day of August in the rear 19 7 2 before me , a Notary Public in and for the STATE OF CALIFORNIA personalli, appeared Anthony F. Angelicola known to pre to be the person it-hose name is subscribed to the within instru- nient as the Attorney-irr-Fact of the INSURANCE COMPANY OF NORTH AMERICA, and acknowledged to me that he subscribed the name of theme' INSURANCE COMPANY OF NORTH AAIERICA thereto as surety and hi own nameasAttoryey-irr-Fact. f c ` �i i Y - Notary Public in and for the StaiC of Califorrda _ ^56,1,25rV Q. 1:1,1" " i Printed in,U-S.A. . `" l POW= OF ATTO OW INSURANCE COMPANY OF NORTH AMERICA I'll I LA IDELI'll It. IIA. Ruclu all men by tbest prestntis: That the INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution, which was adopted by the Board of Directors of the said Company on June 9, 1953, to wit: "RESOLVED, pursuant to Articles :3.6 and 5.1 of the By-Laws, that the following Rules shall govern the execution for the Company of bonds, undertakings. recognizances, contracts and other writings in the nature thereof: (1) "Such writings shall be signed by the President, a Vice President, an Assistant Vice President, a Resident Vice President or an Attorney-in-Fact. (2) "Unless signed by an Attorney-in-Fact, such writings shall have the seal of the Company affixed thereto, duly attested by the Secretary, an Assistant Secretary or a Resident Assistant Secretary. When such writings are signed by an Attorney-in-Fact, he shall either affix an impression of the Company's seal or use some other generally accepted method of indicating use of a seal (us by writing the word "Seal" or the letters "L.S." after his signature). (3) "Resident Vice Presidents, Resident Assistant Secretaries and Attoruets-in-Fact may be appointed by the President or any Vice President, with such limits on their authority to bind the Company as the appointing officer may see fit to impose. (4) "Such Resident Officers and Attorneys-in-Fact shall have authority to act as aforesaid, whether or not the President, the Secretary, or both, be absent or incapacitated; and shall also have authority to certify or verify copies of this Resolu- tion, the By-Laws-of the Company, and any affidavit or record of the Company necessary to the discharge of their duties. (5) "Any such writing executed in accordance with these Rules shall be as binding upon the Company in any case as though signed by the President and attested by the Secretary." does hereby nominate, constitute and appoint ANTHONY F. ANCELICOLA, of the City of San Francisco, State of California its true and lawful agent and attorney -in-fact,to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings in its business of guaranteeing the fidelity of persons holding places of public or private trust, and in the performance of contracts other than insurance policies, and executing and guaranteeing bonds or other undertakings, required or permitted in all actions or proceedings or by law required or permitted. All such bonds and undertakings as aforesaid to be signed for the Company and the Seal of the Company attached thereto by the said Anthony F. Angelicola, individually. And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Philadelphia, Com- monwealth of Pennsylvania, in their own proper persons. IN WITNESS WHEREOF, the said_.............._. ....__HUGH.-N.....S.INCI.AIR.. _.................. Vice-President, has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this.................22nd ...day of.......-....._January_...................._--. 19.71._. INSURANC M N3LOF NO ADi• ISA ' (SEAL) by..._.._... _ __ _ _.-_._.__......... _..__.._..____. - _ Vice-P-Prresident STATE OF PENNSYLVANIA ss. COUNTY OF PHILADELPHIA On this-..-..................22nd_1_______._._.—day of------- A.D. 19_7.1,before the subscriber,a Notary Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia,duly commissioned and qualified,came HUGH__M._-.SINCLAIR-- _._...._.._ _, Vice-President of the INSURAN(E . COMPANY OF NORTH AMERICA to me personally known to be the individual and officer described in,and who executed the preceding instrument, and he acknowledged the execution of the same,and,being by me duly sworn,deposeth and saith, that he is the officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the corporate seal of • said Company, and the said corporate seal and his signature as officer were duly affixed and subscribed to the said instru- ment by the authority and direction of the said corporation,and that Resolution,adopted by the Board of Directors of said Company, referred to in the preceding instrument,is now in force. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal at the City of Philadelphia, the day and year first above written. otary Public. OF 4, o t e )fres May 22nd, 1972 v $ n d, Assistant Secretary of INSURANCE COMPANY OF NOf�'18 Alf1ERICA,do hereby certify that TTORNEY,of which the foregoing is a full, true and correct copy, is in full force and effect. f, I hav hereunto subscribed my name as Assistant Secretary, and affixed rporate seal of ___._day of ..—_AUGUST-_- .-_..__ _. . _29_ ( -------- t See ry * f r SB-IB PRINTED IN U'A EXHIBIT "A" In consideration of the benefits accruing hereunder, the Contra Costa County ,a municipal corporation, and all successors and assigns, covenant and agree that, in the event of any actual or alleged failure, breach or default hereunder by Kaiser Aetna: (a) the sole and exclusive remedy shall be against the partnership Kaiser Aetna and its partnership assets; (b) no partner of Kaiser Aetna shall be sued or named as a party in any suit or action (except as may be necessary to secure jurisdiction of the Kaiser Aetna partnership) ; (c) no service of process shall be made against any partner of Kaiser Aetna (except as may be necessary to secure jurisdiction of the Kaiser Aetna partnership) ; (d) no partner of Kaiser Aetna shall be required to answer or otherwise plead to any service of process; (e) no judgment will be taken against any partner of Kaiser Aetna; (f) any judgment taken against any partner of Kaiser Aetna may be vacated and set aside at any time nunc pro tune; (g) no writ of execution will ever be levied against the assets of any partner of Kaiser Aetna; (h) these covenants and agreements are enforceable both by Kaiser Aetna and also by any partner of Kaiser Aetna IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA January 21 , 1975 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4233, Pleasant Hill ) Area. ) Deposit: $500 ) Auditor's Permit No. 99219 ) Dated May 12, 1972 ) Refund to: Morgan Development, Inc. ) 2540 North Main Street ) Walnut Creek, California ) 94596 On October 23, 1974 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 21 s day of January , 19�5 cc: Public Works (2) J. R. OLSSON, CLERK Subdivider /j BY Nancy $. Orteg� Deputy Clerk • � f b�+ Clerk,,- Board of Supervisors 9DOtf 71)7T(L 755 Room 103, Administration Bldg. 104091 Martinez RECORDED AT REQUEST OF OCT 2` 1973 �0i5JT�A GGHA GOUi�11 � OCT2g1 AT NCLOCK M. CONiRl1 COSTA COUNTY Iftm // IN THE BOARD OF SUPERVISORS W. T. PAASCH OF CONTRA COSTA COUNTY., STATE OF CALIFORNIA COUNTY RECORDER FEE _ In the Matter of Completion ) FT of improvements and declaring ) certain road_ as County ) RESOLUTION NO. 73/812 roam_,' Subdivision'4233, ) Pleasant Dill Area. , - ) WHEREAS the Public Works Director having notified this Board that oonstruction of improvements have been completed in Subdivision 4233, Pleasant Dill area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the fo3lowing subdivision have been completed for the purpose of e�ablishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 4233. Pleasant Dill Area My 16, 1972 (no Diressn's land Insurance Oesauw - Dead Re. 6247170) BE IT FURTHER RESOLVED that the $500 ca h dep sit as surety (Auditor's Receipt No. 99219 dated MY do IL972 be RETAINED for one year pursuant to the requirements of Section Ahme of the Ordinance Code as amended. '4—I . BE IT FURTHER RESOLVED that the hereinafter described roads , having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be _ County road_ of Contra Costa County: Opt OAK ODM (32/50/0-136) DIAWA TIM ROD (18/28/0.044) as shorn and dedicated for public use m the sap of MWvisien 4233 filed Mss 17. 1.972 in Debk 116 of Maps at rase 30, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 23rd day of Octeber , 1973 , by the following vote of the Board: _ AYES: Supervisors J. Z. Moriarty. W. N. Dasseas, Z. A. Linscheidg A. M. Dias. NOES: Dene. EO CERTIFIED COPY ABSENT: Dsperoisep J. P. I cry that this is a full, true & correct copy of the original document w,Ach Is on file in my office, and that it wras passed & aclortu;l :,y t:ie Eaara of Supervisors of contra costa county. califoru(a, on the date shoML ATT'LST: W. T. F'.+.ASCFI, county / RESOLUTION NO. 73/812 -ler,c&ex-offido cleric of said FAmrd of supervisor, e0 i lteoeider�/ Dy deputy cleriL r Patilie Works subdivider END OF DOCUMENT IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 42331 Pleasant Hill ) RESOLUTION N0, 72/322 Area. ) PlejVW4fPAA map entitled Tract 4233 property located in the a , having been presented to this Board for approval, said map awing been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the aurreot 1971-1972 tax lied has been paid in full, :and the 1972-1973 tax lion, which became a lion on the first day of March, 1972, is estimated to be $1x40O; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 8, of the County Ordinance Code; 9utrety Bonds issued by The Fireman's Fund Insurance Company with Morgan Dewlopasnt CompaY as principal, as follows: Bond No. 6247170 in the an OUut of $339100 for Faithful Performance, and $33,100 for Labor and Naterials; Tax Bond So. 6247171 in the =W=t of $1,400 guaranteeing payaent of 1972-1973 tax lion (estisated), Cash Deposit (Auditor's Deposit Pernit Yo. 99219 dated May 12, 1972) in the amount of $500; Subdivision agreement betweerMorgan subdivider and the County of Contra Costa, wherein saidsu e- ider agrees to complete road and street improvements, etc., in said subdivision within 1 year from the date of said agreement; RESOLUTION NO.72/322 Form #23; 70-4-500 NOW, THEREFORE, 9E IT RESOLVED that said bonds and de osits and the amounts thereof be and the same are ere y 0 BE IT FTRTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreem�. BE IT FURTHER RESOLVED that said riap be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public MW of the streets, roads, ave"se or ase is sb@= thereon as dedieated to the public. PASSED AND ADOPTED thisday of 19_12_, by the following vote of the Bo AYES: Supervisors J. P. Kew, J. E. Moriarty, W. N. Boggess, B. A. Unseheld. NOES: Noone. ABSENT: Supervisor A. M. Dias. cos ftbUo Yorks (2) Flaming subdivider Morgan Development Corp. 254.0 D. Main street Walnut Crook, Califormi SOLU5T9I0N No, 72/322 Form #23, 70-4-500 CERTIFMD COPY I certify that thir, Is a ft:17, true & correct copy of a.�td that tl dacutn_::t ori :2� i.� :iy uiric •. Supeni ors o: Ccrtra Cuu:at;;, fj4liro aia, :n he date s.wtvn. siiii;`. :. Cfi, aunty clerk S:e�Xdeputy 'Ierk. clerk of said Board of Super visors, by deputy cleric. r_ SUBDIVISION AGREEMENT (§1) Subdivision: No. 0233 (§1) Subdivider: (D. 6 P. Code §§ZZ6ZZ-Z2) CORPORATIOa a corporation- 1 Effective Date : (Contra Costa County (§1) Completion Period: one ear - Standard Form; 8-67) (§4) Deposits : A. (cash) 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ 33 100.00 2. (labor,materials) 33,100.00 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs , fire hydrants , and all improvements as required by the County Ordinance Code, especially Division 4 of Title '8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner; in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance - Code, the stricter requirements shall govern. 3. Guarantee 4 Maintenance. Subdivider -guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance- Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . B. Bonds , etc. : (t - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount , which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors, and to persons renting eouipment or furnishing labor or materials to thea or to the Subdivider. S. Warrartu. Subdivider warrants that said improvement Alan is ade- quate to accomplish this work as promised . in Section 2 ; and if, at any time before t':e Countly' s resolution of ccnnl )tion for the subdivision, the improver^ent olan -,roves to be inadeouate in any respect, Subdivi- der shall make changes necessar-i tc acco�nlish the work as prorised. F 11LIE D -2- VV. T. OAASCH CLERK OWD OF SUPERVISORS r OKTRA C STA COUNT 13Y1 y ��. ' Deputy 6. No Waiver bre Countit. Inspection of the work and/or materials, or approva o work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement , or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions , officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the. matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specifications) in con- nection with this work or subdivision, 'or has insurance or other in- demnification covering any of these matters. 8. Costs. Subdivider shall pay when due all the costs of the work, incluuc rng inspections thereof and relocating existing utilities re- quired thereby- 0. hereby.8. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this. agreement, or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements, the subdivision is annexed to a city, the County may assign to that city the County's rights under this a-reement and/or any deposit or bond securing them. 12. Record Mar. In consideration hereof, County shall allow S-ubdivider to file and record said subdivision map, and recognizes this subdivision as one complying with State laws and County ordinances . -2- i TO 449 G (Corporation) ' STATE OF CALIFORNIA COUNTY OFA--yN%rC.c+ �dS i� SS. 72 Onfie �5 Ue me, the undersigned.a Notary Public in and for said State, person l�!y appeared m known to me to be the Pre.ident. and o: m known to me to be Secretary of der cnrlKrcatinn that executed the within Instrument. = known to me to he the persons who executed the within W J Instrument on behalf of the corporation therein narned. and t acknowledged to tier That such corporation exrruted the within instrument pursuant to its by-laws or a resolution of its board WITNESS my hand an officio eat. sttmtilntutttunntl()F!F!IGIALtSL'r\L[u[nun - `� WILLIAM 1. O'CONNELL Signature c. cl tiUiAKi i'tIRLIC C'AIItUi1NIA _ ALAMEDA COUNTY _ '' M� YS 18.1975 Mt commission E�llires l Name (Typed or Printed) uuututttttttlttt[►ptttttttttsutuunttttnutuwi (This area for oAeial notarial seat) LINTY OFCONTR44MSTA., SUBDIVIDER: (Ne note below) By Oq 0 r MORGAN DZY LOPM N? CORPORATION- Chairman, ORPORA? 0 -Chairman, Board of Supervisors a corpor tion By ATS: W. T. PA1ASC4, .County Clerk Designat capacity in the A ex officio Clerk of the Board buss By /dQtzAbte to Subdivider: (1) Execute Deputy acknowledgment fore below: and (2) If a corporation, attach a certified copy of (a) the bylaw FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board County Counsel of Directors, authorizing execution of this contract and of the bonds required By .. hereby. Putt' State of California 1 ss. (Acknowledgment by Corporation, . County of ) Partnership or Individual) On , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. J Notary public for said County and State (Subdiv. Agrmt• CCC Std. Fore) [HP-9: Rev. 9-69: 200) -3- RESOLUTION RESOLVED, Thomas F. Morgan is hereby authorized and empowered on behalf of the corporation to sign all documents and do all manner of things necessary in connection with going forward with subdivision 42-33, Glen Oaks, in the unincorporated portion of the County of Contra Costa, State of California, on behalf of MORGAN DEVELOPMENT, INC. This is to certify: That I am the duly elected, qualified and acting secretary of MORGAN DEVELOPMENT, INC. and that the above and foregoing resolution was adopted by the corporation on April 22, 1972. IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of May, 1972. J SNELL, Secret y • PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY PUBLIC•NORKS CIRECTORS PUBLIC WORKS DIRECTOR F. R.BROWN 6TH FLOOR. ADMINISTRATION BUILDING R. D. BROATCH CHIEF DEPUTY PUBLIC WORKS DIRECTOR MARTINEZ. CALIFORNIA 94553 VERNON L. CLINE TELEPHONE 220-3000 R.M. RYGH (RM. 115 COURT HOUSE) May 15, 1972 HP - Subdivision 4233 Honorable Board of Supervisors Administration Building Martinez, CA Gentlemen: There is submitted for your approval the map of Subdivision 4233 in Super- visorial District IV in the Pleasant Hill area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one-year time limit for comple- tion is May 9, 1973. 2. Performance Bond, in the amount of $33,100. This bond, together with a $500 cash deposit (Auditor's Receipt No. 99219 dated May 12, 1972) is to guarantee completion of road and street improvements as required by the County Ordinance Code. 3. Labor and Materials Bond, in the amount of $33,100. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1972-73 tax, which became a lien on the first Monday of March, 1972 is estimated to be $1,400. S. Tax Bond, in the amount of $1,400 guaranteeing payment of estimated tax. The map is submitted for filing by Title Insurance $ Trust Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. R�i, Very truly yours, .E%Xd � VICTOR W. SAUER Pub licks Director W. T. FAASCH By(CLERK BOARD OF SUPERVISORS r� ca. Paul E. Kilkenny -ffrA Deputy Assistant Public Works Dir for BJK:fa Highway Planning cc: Title Insurance $ Trust Co. Planning Dept. Construction Division ALFRED P.LOMELI EDWARD W. LEAL Assistant COUNTY TREASURER-TAX COLLECTOR CO•snty Trvas,urer_Tar C=!1*„ar PHONE Z28-3000 EXT. ,a5 TAX COLL.ECTOR'f OFFICE E{.ST INSTALLMENT OR TAtEw CONTRA COSTA CO►UNW .IwfT INSTALLI.E NT O. TME. out AND I.aTAwLE bfltNaUE^.T ON TME VI.ST DA. or MOvErwtw MARTINEZ. CALIFORNIA Ow t»E TENT.. p.T O. orcEr.sw SECrINb INSTALLMENT OF TAXIS 99CONO INSTAL -Ir-Y O. TAI1Es OUT AND•AVAwIE OEL—Our.T OM TME FIRST DAT OF TE.wu.wV March 29j, 1972 ON TME TENTH OAT OK AVOIL IF THIS TRACT IS NOT FILED BY OCTOBER 31, 19 j, THIS LETTER IS VOID This will certify that I have exar ned the map of the proposed subdivision entitled: TRACT NO. 1.233 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included In the map. The current 1971-72 7172 tax lien has been paid in Hill. Our estimate of the 197&:,!Q ,,- tax liens Which became a lien can the first day of Marchy, . is $l,,400-OO EDWARD W. LEAL Redemption Officer By F I LED dl /61/�7--- W. T. PAASCH CLER9 B4An cF supr ism ,CONTRA COSTA COUNTY By D Bond Number 6247170 ILE Premium $497.00 W. T. PAASCH INPROVE', ,`-,T SECURITY BOND CLERK BOARD OF SUPERVISORS By �TR STA [xTY i P mau'•rnce Mair_tera�_ce,' AND Labor & Materials) nu`s. —377rof. Code §7-Z6Z2; Contra Costa County Standard Form) Z. OBLIG:1 7I0 (Pr,"7.C i?a Z) MORGAN DEVELOPMENT COMPANY, a ' corporation; as Principal, and urea; ' STATE 4F alif orni.a IL COUNTY of Contra Costa ' On this 8 th day of_._. May __4,in the year 19..-lZ before me, Georgette Gaha�tn a NOTARY PuBuc in and for said County and State,personally appeared Peter W. Pelletier known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-fact of the FIREMAN'S FUND INSURANCE COMPANY,and acknowl- edged to me that he subscribed the name of the FIREMAN'S FUND INSURANCE COM- PANY thereto as principal,and his own name as Attourney-in-fact. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my o$cial seal,at my office, in said.County and State, the day and year in this certificate first above written. OFFICIAL SEAL Notwi^bl:c In and for sajo0county and 8 Georgette Gahagan / �S" , y commission expires �xtt.:s..}:3tni:ttnst:ttt:t::azats:c:tu.tu:.sd�.:' 360207 - 5-66 Bond Number 6247171 F. 1 LE Premium $14.00 , r � /Z 11. T. PAASCH CLERK BOARD CF WPERVISNS R CpN.JIRA^C'9STA CO't'tij'� '`'0-iJ �'Csi�Ii�ST -Tn{ES Cy KNOW ALL iW?r' B THE PRESENTS : THAT MORGAN DEVELOPMF.RT CORPORATION as principal and The Fireman' s Fund Insurance Coed as sureties are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum o One thousand four hundred --------------------------------------- Dollars ( =1,400.00 ) to be paid to the said County of Contra Costa, for the payment of which we and each of us bind ourselves , our heirs , executors , adminis- trators , and successors , jointly and severally, firmly by these presents . SEALED with our seals and dated this8th day of Mav 19 72 The conditions of the above obligations are such that WHEREAS, the above bounded principal is about to file a Map entitled "Subdivision 4233, Glen Oaks , Contra Costa County, California" and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for tares and special assessments collected as taxes , against the said Tract of land covered by said Map, which taxes and special assessments collected as taxes , are not as yet due or payable. Nov, therefore , if the said MORGAR DEVELOPMEIT COHPOBa2I0a shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said Map at the time of the filing of said Map of said Tract , then this obligation shall be void and of no effect. Otherwise , it shall remain in full force and effect. MORGA YELO ENT CORPORATION The F'reman's and nsuranCe Com 7: P6-ter Pelletier Su ety By: Attorney-In-Fact Surety STATE OF CALy_ORNIr ) ss. COUNTY OF COI.-TRA COSTA) and Sureties named in the foreZoinG- bond, being duly sworn, each for himself says : That he is a freeholder and resident within said State and is worth the said sum of Dollars , over and above all his debts and liabilities , exclusive of property exempt from execution. Surety Subscribed and sworn to before me Surety this day of 19 Notary Public IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA June 3 197 5 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4239, Danville Area ) Deposit: $500 ) Auditor's Permit No. 101480 ) Dated August 16, 1972 Refund to: ) Ditz-Crane ) 2295 De La Cruz Boulevard ) Santa Clara, California 95050 ) On March 12. 1971 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. PASSED by the Board on June 3, 1975- I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this, r�_day of Jae , 197- J. R. OLSSON, CLERK cc : Public Works (2) Subdivider By� , a Il' Deputy Clerk Constance JV. Davies In the Board of Supervisors of Contra Costa County, State of California June . 19 7,5. In the Matter of Refund of Cash Deposit, Subdivision 4239, Danville Area. The Board on March 12, 1974 having accepted as complete with the exception of minor deficiencies (for which $500 cash was deposited to insure correction) construction of improvements in Subdivision 4239, Danville area; and The Public Works Director having reported that the repairs have now been completed; and IT IS BY THE BOARD ORDERED that the Public Works Director is AUTHORIZED to refund to Mr. John Elliott, 295 Guebradas, Alamo, California 94507 the $500 cash as evidenced by Auditor's Deposit Detail Number 115127 dated March 1, 1974 . PASSED by the Board on June 3, 1975. I hereby certify that the foregoing is o true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Mr. John Elliott Supervisors Public Works Director affixed this 3rd day of June 19 75 J. R. OLSSON, Clerk By.;" /-If lAd� Deputy Clerk H 24 12174 - 15-nn L Mildred 0. Ballard 22938 MAR 2 1974 Return to Clerk Board of Supervisors �ry ;r• Administration Building BOOT; 1 �3 747 IN THE BOARD OF SUPERVISORS OF ti/CONTRA COSTA COUNTY, STATE OF CALIFORNIA J In the Matter of Completion of ) Improvements and Accepting a ) RESOLUTION NO. 74/244 Certain Road for Maintenance, ) Subdivision 4239 , Danville Area. ) WHEREAS the Public Works Director has notified this Board that, with the exception of minor deficiencies for which a $500 cash bond (Auditor' s Deposit Permit Detail No. 115127 dated March 1, 1974) has been deposited to insure correction, the construction of improve- ments has been satisfactorily completed in Subdivision 4239, Danville area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 4239 , Danville area September 5 , 1972 (Federal Insurance Company - Bond Pio. 8053-51-41) BE IT FURTHER RESOLVED that the $500 cash bond surety (Auditor's Deposit Permit Detail No. 101480 dated August 16, 1972) be RETAINED for one year in accordance with Section 94-4.406 of the Ordinance Code. BE IT FURTHER RESOLVED that SAM RAMON VALLEY BOULEVARD - WIDEN±NG-�be ACCEPTED for maintenance. PASSED AND ADOPTED this 12th day of March, 1974 by the following vote of the Board: AYES: Supervisors J. P. Kenny , A. M. Dias , E. A. Linscheid, W. N. Boggess . NOES : None. S�q/ ABSENT: Supervisor J. E. Moriarty. CERTIF[ED COPY I certify that this is a full, true & correct cony of Recorder the original document which is on file in my office, and that it vsas passed C adopted by the Board of cc: Public .Works Director supervisors of Contra Costa County. California. on Director of Planning the date shown. ATT0zT: J. R. OLSSON. County Clerk&ex-officio Clerk of said Board of Supervisors, Subdivider by Deputy Clerk. RECORDED AT REQUESTOF `��a`.G G� �;l1t.�.•�- � �,'�.L/di/��f✓ (;a . `` MAR AT T O'CLOCK M.- CONTRA COSTA COUNTY aCOs?ESJLUTIOid s.0. 74/244 RDS I R. OLSSON COUNTY RECORDER ENO OF DOCUMENT FEE = In the Board of Supervisors of Contra Costa County, State of California February 25 19 -LA In the Matter of Authorizing Completion of Improvements in Subdivision 4239, Danville Area. The Board on September 5, 1972 having approved a Subdivi- sion Agreement with Ditz-Crane Company, 2295 De La Cruz Boulevard, Santa Clara, California 95050 for the installation and completion of certain improvements required in connection with approval of the map of Subdivision 4239, Danville area; and The Public Works Director having noted that the time limit for completion of said improvements has expired; and The Public Works Director having reported that the developer was requested to complete the work as required by the agreement but that no further work has been accomplished since said request; and On motion of Supervisor A. M. Dias, seconded by Supervisor W. N. Boggess, IT IS BY THE BOARD ORDERED that the Public Works Director is AUTHORIZED to perform the corrective work by contract or purchase order and to use the $500 cash bond as needed to defray the County's cost of doing the work (presently estimated to be $750 plus the cost of preparing plans, specifications, solicitation of bids, and any cost involved in recovering .monies from the surety) . IT IS FURTHER ORDERED that County Counsel is AUTHORIZED to recover any cost in excess of $500 from the developer and/or Federal Insurance Company, the bonding company which issued the surety bond (Number 8053-51-41) in the amount of $14,800. The foregoing order was passed by the following vote: AYES: Supervisors J. P. Kenny, A. M. Dias, W. N. Boggess, E. A. Linscheid, J. E. Moriarty. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc• Public Works Witness my hand and the Seal of the Board of Auditor Supervisors Subdivider affixed this 2 th day of February . 19 T& JAMES R. OLSSON, County Clerk By G %J� Deputy Clerk Helen C. Marshall H 24 5/73-15M Y CONTRA COSTA COUNT* 'PUBLIC 1ROi PS DEFT. ` 86) JAN 1 f 1973 -90 wH�K� ��CU�OED mPl TO rtmtrc jo s 300 6844 PAcE512 hlGuVAY PLM*NTNG DI ,NO TAX V} , rL cORDs SECTION °ada. ; -3oi D �, f J C 0 H S f E) f- R A T! 0 FOR VALUABLEDERRA`� ,3� z-Crane, a corporation, hereby grants r to the lCounty of Contra Costa, a political subdivision of the State of California, Grantee , and its governmental successor or successors , the future "development rights" , as defined herein below, in that real property known as Westfield Woods , situated in the County of Contra Costa, State of California, and more particularly described as follows : Parcel _A, map of Subdivision 4239 , filed Sept. 7, 1972 Map Book 150 , p age 27 , Cont ra Costa County records. "Development rights" are defined to mean and refer to the right to approve or disapprove of any proposed construction, development or improvement other than one or more recreation buildings, one or more swimming pools , patios , walkways , picnic areas, play areas , boat and trailer storage areas , drive and parking areas , reasonable and necessary lighting standards , courtyard areas, such other facilities as may be deemed desirable exclusively for the recreation and leisure of the residents of Westfield Woods , and any and all planning, design and landscaping incident thereto. The "development rights" are and shall f be a form of negative easement over all of said property , which shall run with the said property and shall bind the current owner and any future owner or owners of all or any portion of said property. In the event of a disapproval of proposed construction by the Grantee or its successor said proposed construction shall not be performed. Grantee or its successor may condition its approval of any proposed construction ' upon the prior or subsequent performance of such conditions as Grantee may deem appropriate. Any owner or owners of all or any portion of said property desiring to develop any improvement requiring the approval of Grantee or its successor herein shall submit to such entity a written proposal describing the nature , extent and location of such improvement. Grantee or its successor shall have thirty ( 30) days from receipt of such proposal in i -1- �► 6�4 PA413 which to grant its approval or disapproval. Failure by Grantee or its successor to respond within said time period shall be equivalent to the approval of such proposal. Dated: 3 ,197 Z.. 9•'x,1,}, • �G By- tic u Grantor sT.4TB OF CALIFORNIA Santa Clara runty of County in which ocknowtedgement is taken On AuQtlst 23, 1972 before me. Beverly J. Simmons a Notary Public,in and for said'• Santa Clara Write or type norma of notary County and stare.personally appeared Robert L. Crane and Helen Chance known to me to be. vice—President and Assistant Secretary of the corporation that execgted the within insrWff~-- S it-ho executed it on behalf of such corporation and acknowledged to me that such corporation •xe�t^! the 1%,411is 01TIYt�rtLptW rar(teo by-lakys or to resolution of its hoard of directors 4 BEVERLY J. S1MIONS w _ NOIAP.y pUBtJC — CItU(O:.NIA r \.y_ P,C::PAL MFK 1�ddition to signature type or print name of notary **If notary is commissioned in another County= - Ctw`Yrr Of SANTA CLARA • ,Votary Public strike''said"and name Cotner'• My Com»;ssion Ezp:res December 8, 197 JI (Corporation Grantor CE( yL IC1Tl: t:k'.1Ce.a'T:_:CF: ay t:UhSC TY F THIS IS TO CERTIFY tlaa use interest in rtal prof ty eouyzyed t,), tut—a i--ed ur grunt t dated IALJ(7•7Z iron LIZ the Grantors natned Uu:rein. to Conray E, C m tees Grata, a txt;i ti subd. •n of the it t of California. is hereby uccepted by ert:cr o: U:. Lye^rd of :.1:' r- .- ^.._l and Use Grantee consents to rtycta.al;v s tax::Oct by;--dust'ut t::o;: :d t,t.;cer. Dated t? IV. T. PA%SCIi-t: VNrY CLERi: t By Deputy - UW %S M COSTA CO YIY OF .................... t'�N�17 1973 JAN 1i 19 AT i / OY. = M. SIT CMA COM V We T. PAAXM -2- MD OF DOCUM MP IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 4239, Danville Area. ) RESOLUTION NO. 72/568 ) WHEREAS a map entitled Tract 4239 , property located in the Danville area having been presented to this Board for approval, said map awing been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map and that the current 1971-1972 tax lien has been paid in full, and the 1972-1973 tax lien, which became a lien on the first day of March, 1972 is estimated to be $3,900; Letter from the Public !forks Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 8, of the County Ordinance Code; Surety bond (No. 8053-51-41) issued by Federal Insurance Company, with Ditz-Crane, a corporation, as orincipal, in the amount of $14,300 for Faithful Performance, and $14,800 for Labor and Materials; Cash deposit (Auditor's Deposit Permit No. 101480 dated August 16, 1972) in the amount of $500; Tax Bond (No. 8053-51-54) in the amount of $3,900, guaranteeing payment of estimated 1972-1973 tax; Subdivision agreement between Ditz-Crane subdivider and the County of Contra Costa, w ere n said su v- ider agrees to complete road and street improvements, etc. , in said subdivision within 1 year from the date of said agreement; RESOLUTION NO. 72/568 Form #23; 70-4-500 NOW, THEREFORE, BE IT RESOLVED that said bonds and dAnglAS and the amounts thereof be and the same are hereby BE IT FURTHM 'RFSOL«D that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLED that said reap be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements shorn thereon as dedicated to the public. PASSED AND ADOPTED this_Std: day of SeRti ftgr by the following vote of the Bo AYES : Supervisors J. P. Kenny, A. M. Dias, W. N. Boggess, E. A. Linscheid. NOES: None. ABSENT: Supervisor J. E. Moriarty. cc: Public Works (2) C: il'irll C;VYY Planning I certify tient this is a full, true & correct copy py of the original document which is on file in my office. Dit z-Crane Co. and that it was passed & adopted Uy the E;oard of 2295 De La Cruz Boulevard SupervLors of Contra Co:;ta Cuunty, Califoraia, on Santa Clara, California 95050 the date shown. ATTL;ST: W. T. pAASCH, county clerk&ex-officio clerk of said Board of Supervisors, by de ty Jerk. on y RESOLUTION NO. 72/568 Form #23; TO-4-540 •a�aansaa�a�ar STATE OF CALIFORNIA, Santa Clara }ss - County of 77 Z a °.` Un this. 11 dat of August in the year one thousand nine _ °' seventy-two BeverlyJ. Slr=ons _ co - hind red and _ Y ,before me, "+.. a = a Notary Public,State of California,duly commissioned and scorn,personally appeared.._-. Robert_ L._Crane t" o known to»:c to be the—.- a Vice-President _ of the corporation described in and that executed the within instrument,and also known to me to be w ._._o the person--who executed the within instrument on behalf of the corporation therein named,and > i.;L v W - C L. 1.), c Z acknxeledged to me.that Tech corporation executed the same F IA' 11'1TA'ESS MWEREOF 1 have hertunto set my hand and a pied my official seal in the _ . Co,tnt Santa Clara y a f__...... _.—.._._ 1----- .the day and year in this certificate first abort^+niten. '- r juun:;:resatnm� � $ever J Summons Notary Public,State of California. • Co�cder}•'s Fount No.2S—(Acknowledgment—Corporation). (C.C.secs.1190.1190.1) (Printed 1.30.66)6I-0417 ■ My Commission F-cpires........._ ri (Executed in Triplicate) Bond #8053-51-41 • Premium: $74.00 1 ?.�T?F� ti r,i.r,♦ ,r„ c[ (+Tinjrr}y RMIP (l aith f.tZ Perfar-mance A?n-.ntenancr-, 411,111) Tubor e- i:Qtc YiCZSi Bus . ,C Prof. Code 51161::; Contra Costa County Standard Form) 1. OTT.I6.4TIO '. (Prir.cirraZ) DITZ-CRANE as Principal, and (Suretu) FEDERAL INSURANCE COMPANY a corporation organized and existing-, under the l.a:;s of the State of NEW JERSEY and' authorized to transact surety business in California, as Surety, hereby ,jointly and severally bind ourselves our heirs , executors , administrators ,, successors and assigns to the County of Contra Costa, California, to pay it : (A - Faithful Performance , & Maintenance) FOURTEEN THOUSAND THREE HUNDRED Alm NO/100THS.------- Dollars 14,300.00 ) for itself or any City-assir;nee under the below-cited subdivision contract , plus (?3 - Labor & Materials) FOURTEEN THOUSAND EIGHT HUNDRED AND NO/100THS------- Dollars ($ 14,800.00 ) for the benefit of persons protected under Cal. Bus. & Prof. Code ,>11 12. 2. RECITALS. The Principal contracted with the County to install and pay for street , drai.nai-e , and other improvements in Subdivision No. 4239 , as Per man now being, filed with the County 's Recorder, and to complete said work within one year(s) from the effective date of said Contract , all- in accordance vith State and local laws, rulings thereunder and the subdivision contract . 3. - CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improve- ment plan and imnrovementn agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guarantee of maintenance continues for the one-,year period; and if he fully pays the contractors, subcontractors , and persons renting equipment or furnishing, labor or materials to them for said work and improvement , and protects the rrentses from c7a.ims of :such liens , then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby riven to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code 52819 , and holds itself bound without reF;ard to and independently of any action a7ainst principal whenever taken , and agrees that if County rues on this bond Surety will pay reasonable attorney fees fixed by court to be taxed as costs and included in the Sud-Iment. SIGiVIED AND SF^L :A) Ciel PRINCIPAL � SURETY t DITZ- f FEDERAL INSURANCE COMPANY Vf 'Titot�ter, ittiorrn * *I fact " State of California ) City &Coanty or San Francisco ) ss. (ACKY011.1LEDGIfENT BY SURETY) On the person6r,) i%hose name{) is/�/ cf :�i pried abovefor Suvety ;end ho Is 'Kno*.-n to me to be the Attorney V.1 -In•-Pact for thisCorporate c.urety. ner:-mall • anpeared before me and acknot.ledt-ed to T-10 that he/tjj-/,, s. r-r,ea the or the Corr,ora.tion as Sure?:y and h'!.:,/ trf 11P of w n name( /) a; ; is r.ttonc-y in-7act . JACQUELINE DESPR41EAux 4 WARY Pl ai Ji•C.�.!`.EQ3iJJA --- °`"�? CITY AND GOON Y OF SAN FkANCJSGO _� _ My Commission Expires Nov.29, 1975 I•i o 1: ry Public for said County :tad .`.;t Fi';E Twp. .,cc:. ,onci, c, 'u: rg1 SUBDIVISION AGREEMENT (§1) Subdivision:_ 239 (§1) Subdivider: Ditz Crane (B. & P. Code §§116ZZ-12) 1 Effective Date: September S. 1972 (Contra Costa County (§1) Completion Period: one Year Standard Form; 8-67) (§4) Deposits : A. (cash 500. B. (bonds , etc. ) 1. (faithful perf. & maintenance) $ 4 2. (labor,materials) 1 ,800.00 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants , and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements- (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (I - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory oerformance ; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost , securing payment to the contractor, to his subcontractors , and to persons rentin; equipment or furnishing labor or materials to them or to the Subdivider. 5. Warrantz.. Subdivider warrants that said improvement plan is ade- quate to accomplish this work 'as prorised in Section 2 . and if, at any time before t'ie County' s resolution of ccnn1!t-on for the subdivision, the improvement plan ^roves to be inadecuate in any respect, Subdivi- der shall make chances necessar7 to accomplish the work as promised. -1- 6. No Waiver by County. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement , or acceptance of the whole or any part of said work and/or materials , or payments therefor, or any combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from-bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 6. Costs. Subdivider shall pay when due all the costs of the work, inclu- n— inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall nay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. - ZZ. Assignment. If before County accepts these improvements , the subdivision is annexed to a city, the County may assiPn to that city the County's rights under this agreement and/or any deposit or bond securing them. ZZ. Record Mar. In consideration hereof, County shall allow Subdivider to file and rEcord said subdivision map , and recognizes this subdivision as one complying with State laws and County ordinances . r2- FILED . T. PAASCH CLERK BOAl1Dq}OFF SUPERVISORS tOWL c,vuty COUNTY OF CONTR OSTA� SUBD_ IVIDER= (see note. belor) By DITZ CR Chairman, Board of Supervisors ATTEST: W. T. PAASCH, County ClarkD. . gna • official capacity in the & ex officio Clark of the oard siness) gyJ, Note to Subdivider: (1) Execute Deputy acknowledgment form below: and (2) If a corporation, attach a certified copy of (a) the bylaws FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board County Co nsel cf Directors, authorizing execution of this contract and of the bonds required By hereby. Deputy State of California ) ss. (Acknowledgment by Corporation, County of Santa Clara ) Partnership or Individual) On August 11, 1972 , the person(*) whose nama(40 isf*W signed above for Subdivider and Who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named ob4�e executed it. 81447 :4:i1at111:::344StSi:lltlti t:C4/SSQt7 t BE:/E !Y !. S!lhr,�NS tw `ti?5 HOT'Ry r_:lc Cr._I:ORNIA P"•;'J—= L O:rI:E IN THE - f CCUNTY Of SANTA CLARA BeriV. Simmons • My Commission Exp;res December S, 1972 �uuuuutusswuustsululllsstllwuuuuuuuM Notary public for said County and State (Subdiv. Agrmt• CCC Std. Form) (HP-9; Rev. 9-69; 200) -3- ACTION OF THE BOARD OF DIRECTORS OF DITZ-CRANE The following action of the Board of Directors of Ditz- Crane, a California corporation, is taken by means of the written consent of all the Directors of said corporation pursuant to Article II, Section 5 of its By-Laws: RESOLVED: That Robert L. Crane, Vice President of this corporation be, and he hereby is, authorized to enter into on behalf of this corporation, a sub- division agreement with the County of Contra Costa covering Subdivision 4239 and to execute a performance bond, labor and materials bond and tax bond in connection therewith, together with such other documents and instruments as may be incident thereto. The undersigned Directors of Ditz-Crane consent to the foregoing action. DATE: August 10, 1972 s/ George Ditz, Jr. s/ Robert L. Crane s/ John Boyce-Smith s/ Richard E. Armstrong s/ John A. Ditz CERTIFICATE OF SECRETARY I, Richard E. Armstrong, Secretary of Ditz-Crane, a corporation, do hereby certify and declare that the foregoing is a full, true and correct copy of a resolution adopted by action taken by unanimous written consent of the board of directors without a meeting, dated August 10, 1972, and that the By-Laws of this corporation authorized the directors to so act; and that said resolution is now in full force and effect. In testimony whereof, I have hereunto set my hand and affixed the corporate seal of said corporation this 11th day of August, 1972. S c etary f STATE OF CALIFORNIA, } Santa Clara }ss. County of J j wV1 N Z x W t a On this 21 day o f September in the year one thousand nine O oXg seventy-two Beverly J. Simmons hundred and ,before me, v M fa a Vota y Public,Stats of California,duly commissioned and morn,Personally apPeered Robert L. Crane u`p� known to me to be the vice-President of the corporation described in and that executed lite:rilhin instrument,and also known to me to be the person-_--who executed the within instrument on behalf of the corporation therein named,and - U.? acknowledged to me that such corporation executed the sante GCL" 0CA e IA' IVITYESS WHEREOF I hx..•e hereunto set my hand and afxed my official seal in the _ Santa Clara County of __ }he day and year in this certificate first cbot a urittCIL 1? Bev y . Simmons Notary Public,State of California. Condery's 1�on;t No,28—(11cl:nomlcdgcne:;t—Co:lwratiosz), (C.C.secs.1190.1190.1) (Printed 1.30.66)61.0417 My Commission Expires .. V1-351382 (E:ecut*A in Triplicate) goad # 8053-51-54 BOND AGAINST TAXES Premium: $19.50 KNOW ALL MEN BY THESE PRESENTS: THAT DITZ-CRAPlE,,a corporation , as principal and (Surety) FEDERAL INSURAMM COMPANY a corporation ' organized and existing under the laws of the State of Ila+ Jersey and authorized to transact surety business in California as surety are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of TNRF.r. ►rNntisAnn NINE HUNDRED and no/10Q-- Dollars ($ 3.gon -nn ), to be paid ._ to the said County of Contra Costa, for the payment of which well and truly to be made, we and each of us bind ourselves, our heirs, executors, administrators and successors, jointly and severally- , firmly by these presents. Sealed -with our seals and dated this 14th day of August 19 72 . The conditions of the above obligation is such that WHEREAS, the above bounded principal is about to file a map entitled Subdivision 4239 and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said Tract of land covered by said map, which-taxes and special assessments collected as taxes, are not as yet due or payable. NOW, THEREFORE, if the said Principal _ shall pay all of the taxes and special assessments collecEed as taxes which are a lien against said tract of land covered by said map, at the time of the filing of said map of said Tract, then this obligation shall be void and of no effect. 0th rwise s1 re- main in full f a a effect. DIT7.E r,R E, co t on/ AILED f7 principal FEW RAL INSUMCR-CMPAri W. T. PAASCH re y CLERK BOARD CF SUPERVISORS ..O T A T �Y ---- ACKNOWLEDGEMENT "b BY (BY SURETY) g C F. W. Trotter, Attorney-in-fact CIt 6 batntF ranciscofornia ) Y County of ) County in which ac nowa gemen s en. On --8/14/72 , before me,Jacqu ine Desosaeaus, a Notary Public, in an or saidCounty and State, persona y appeared F. W. Trotte known to me to be orae - n- act of the corporation that exec7uted the within ns rumen an a so nown to me to be the person who executed it on behalf of such corporation and acknowledged to me that such corporation executed the within instrument pursuant to its by-1 ws or a resolution of its board of directors. lACQtjELINE DESORh1EAllX t name of notary Not�l�v Puauc ca�.iFO,�N;a NOTARY PUBLIC CI i Y AND COUN I Y OF y SAN hiAN;;sat.'U MY Commission Expimts Nov.29. 1975 ij W-351382 •. Bond # 8053.-51-54 WND AGAI,':ST `AXES Premium: $1x9.50 KNOW ATZ IMNI BY TH-ESE PRESENTS: THAT DITZ CRANE, a corporation , as principal and (Surety) FEDERAL INSURANCE COMPANY a corporation organized and exiJying under the lav's of the State of NEW JERSEY and authorized to transact surety business in Ca 14 as surety are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of. THREE THOUSAND NINE HUNDRED AND No/loo-------- Dollars ($,,•,900.00 ), to be Maid to the said County of Contra Costa, for the payment of which well and truly to be made, we and each of us bind ourselves, our hei»s, executors, administrators and successors, jointly and severally, firmly by these presents, Sealed •t•:1th our seals and dated this 14th day of August la 72 The conditions of the above obligation is such that WIMREAS, the above bounded principal is about to =ile a crap entitled _ Subdivision 4239 and COVE'Z'iP_ a Si1UdiV'_sion of a `rac`v of 'Land In ^uaid County of Contra Costa, and there are certain 'Liens for :.ares and special assezzments collected as tares, af:aa nst t::e said Tract of land covered by said map, which-taxes and special assessments collected as taxes, are not as yet due or payable. NOW, T'r!E.F-ORE, if the said principaLl ^ , shall pay all of the taxies and special assesses,?nzsi col!ecteL , taxes which, are a lien against said tract of land covered by said map, at the time of the filing of said map of said Tract, then this obligation. shall be void and o- no effect. Otherraise it shall re- main in full -orce and effect. DITZ CRANE, a corporation Principal urety B AactACRN01M DGE1_.NT4-Col , n (BY SURETY) _ State of California ) City & County of Saa Francisco County in w icn IS taEen On 8/14/72 , before rae,Jacqueliae Desormeaua, a :rotary Public, in and mor said County and State, pers�31:L ' apptaared F. W. Trotter known to me to be time or:ley- n- ac o: the corporation that exec:zut r:he witAiin ns ru-nen and al:;o :cno:ri; to me to be t,.,-.e person. who executed -t or. behalf of such corporation and ackno:•:led-ed to me that Slash corporation executed the :,ithi^ .lrst ;:^tint purivant to Its law:; or :: resolution IF rd of directors. JACQUELINE DESQRMEAUx , name of notaz.J NOTARY PU6!IC CP?.;F(1RP:IA �. NQ l'iM PUBLIC � t CICY A.NU CUUNiY OF A: SAN FRANLISCU �( My Cwn I Asim Ezpres Nov.a. 1975 • FRE64.L.OMEL I EDWARD W. CEA4 Assistant . COUNTY TREASURER-TAX COLLECTOR County Troasuror-To:COLLector PHONE 228.3000 TAK 03LUECTOWS QFFICwL EXT. 385 CONTRA ■y�■/�'♦` VINST INSTALLMENT Or TAXES ( ( N ■ A cogr COUNTY VMt�7.INtTA4LMthr'OA TA;q DUE AND•AVA*LC �/�I/�'tYi ��i/�M• 1/ D;LINOU OF Oh THE 7;NOr 7w DAY 6tt11MK� ON Twt.r.tnT 04V 00,NOV604014R 61PATIML CALIFORNIA ttcowp-1-N-sTALLVt NT Of n;tff SECONU INSTALLMENT OF TAttf oftmour" Dur ANO♦AVA*Lt vme g' 1972 ON TUC 79NTw DAT Or.AMIL ON rut floor DAY Or Ft*mYAMY IF TUS TRACT IS NOT FILED BY OCTOBER 312 1972 i TRIS IWM IS 01D This gill certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 4239 and have determined from the official tax racor& that there are DO 'uthe map. The ,wrent 1�2 npaid Caonty taxes heretofore 10TW cm the prej* in+aluded in tax lion has been Paid in fun. Our estimate of the tau limy 1Wd ch beasts a an m the first day of March is 3�' 0*4►� ].ic MWAM W. I= Redepnption Offids By= dl PUBLIC WORKS DEPARTMENT VICTOR SAUER CONTRA COSTA COUNTY DEPUTY PUBLIC WORKS DIRECTORS PUBLIC WORKS DIRECTOR 6TH FLOOR. ADMINISTRATION BUILDING R. O. BROATCH F. R.BROWN CHIEF DEPUTY PUBLIC WORKS DIRECTOR MARTINEZ. CALIFORNIA 94553 VERNON L, CLINE TELEPHONE 218. 000 R.M. RYGH (RM. 115 COURT HOUSE) September 5, 1972 HP - Subdivision 4239 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 4239 in Supervisorial District V in the Danville area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one year time limit for completion is September 5, 1973. 2. Performance Bond in the amount of $14,300. This Bond, together with a $500 cash deposit (Auditor's Receipt No. 101480 dated August 16, 1972) , is to guarantee completion of road and street improve- ments as required by the County Ordinance Code. 3. Labor and Materials Bond in the amount of $14,800. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1972-73 tax, which became a lien on the first Monday of March, 1972 is estimated to be $3,900. S. Tax Bond in the amount of $3,900 guaranteeing payment of estimated tax. The map is submitted for filing by Western Title $ Guaranty Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdiv �� of the County. REGVery truly yours, SEP S 1972 VICTOR W. SAUER W. T. PAASCH Pufbld:c- or Director CLERK BOARD OF SU,PERViSONS DeVUtY �� r By BJK:ed �, Paul E. Kilkenny cc: Western Title 4 Guaranty Co. Assistant Public Works Director Planning Department Highway Planning Construction Division In the Boo rd of Supervisors �soa of ` ' tw Costa County, Stats of CalifoMio November 12 _,.0 19 75„ in the Ak~of Completion of Private Improvements in Subdivision 1 +3, Danville Area. The Acting County Building Inspector having notified this Board of the completion of private improvements in Subdivision 4243, Danville area, as provided in the agreement with Landpac Enterprises, 114 Walnut Street, San Francisco, California, approved by this Board on August 14, 1973; IT IS BY THIS BOARD ORDERED that the private improvements in said subdivision are hereby ACCEPTED as complete. IT IS BY THE BOARD FURTHER ORDERED that the Building Inspection Department is AUTHORIZED to exonerate the $25,000 Surety Bond issued by Safeco Insurance Companies, Bond No. 2210987, as security for the above agreement. PASSED by the Board on November 12, 1975. I hereby that the foregoing is a true and cared aspic of aur ordrr o WWW on *9 nminutm of sad Board of Supervisors an the data afonrwid. cc: Applicant Wihress my hoed and Nre Sed of the&wd of Building Inspection 12th orf November , 19 VWWwn Grading Engineer ----doy. J. R. OLSWN, Owk A`� -- Y OWL Rv bye L Herr P M 24 8/75 _14M CONTRA-COSTA COUNTY BUILDING INSPECTION DEPARTMENT Inter - Office Memo TO: Board of Supervisors ! DATE: October 31, 1975 FROM: R. W. Giese, Acting County Building Inspe r By: J. A. Searfus, Grading Engineer' SUBJECT: SUBDIVISION 4213. APPROVAL OF PRIVATE ROTS. 1 Area: Danville Subdivider: Landpac Enterprises 1.11 Walnut Street San Francisco, California The private improvements required to be constructed tinder the above agreement, executed by the Board of Supervisors on August 14, 1973, have been satisfactorily completed. It is recommended that the improvements be acce ed as complete and the Surety Bond (Safeco Insurance Companies, No. 2210987, in the amount of 125,000) submitted as faithful performance of the agreement be exonerated. JAS:dm r EIVED 7OCT311975 J. R SON 1n �a .OF 1l�lq� 1 L i... .� In the Board of Supervisors of Contra Costa County, State of California , . August ltd . 73 19 In the Matter of Approval of _Agreement for Prigate Improvements in Subdivision 4243, Danville Area. t r Z1H EAS en agreement with Landpac terpifises, ll4:Walnut Street, San Francisco, California for the iastsllat on, an compls- tion QQf, private improvements in Subdivision !;?1�3, `Danville area, has been presented to this Board; and WHEREAS said agreement is accompanied 'by:a- $25 00O X0 surety bond (No. 2210967) issued by Safeco Insurance C' J*nios .Cas- security for the Pull amount of the costs for cmgetibd of she improvements required by the Board of Adjustment in Approvalaf said subdivision; N%19 TH REF4RE, on the recommendation of the Countl Building Inspector, and on motion oP Supervisor 'S. -A, Unscheid, seconded by Supervisor J. P. Kenny, IT IS BY THS BOARD ORDWBa :thst said agreement and the accompanying surety bond ars hereby AYPROI IT IS FURTIM ORD20,ED that Supervisor A. M. Dian, Chairman of this Board, is AUTHORIZED to execute said, agreesent is behalf : ` of the Counts. k ` . The foregoing order was passed by the following,vote: AYES: Supervisors J. P. Kenny, W. V. Boggess.''. S. A. Linscheid, A. M. Dias. 71023: None. ASSENT: Supervisor J. B. Moriarty hereby certify that the foregoing is a true and correct COPY of on order spi gyred an fire n*wNs of said Board of Supervisors on the date aforesaid. cc: Owner/Applicant Witness my hand and the Seal of the Booed of Building Inspector Supervisors Grading3ngineer affixed this 14thdaY of August , 19 73 W. T. PAASCH, CkA By can un Dy Clic -H 24 1V69 10M RECORDING INOtfESTED NV AND WHEN RECORDED MAIL TO SPACE AtI+ONE TIM=LINE Pop IIECOtIDE"%W • SAFECO INSURANCE COMPANIES SAFECO 1116U11ANCE CMPANV OF gatRICA 011414AL IN6tINWIM COMANV OF 1*60CA FIRST NATIONAL IIIBUPOA E COM►ANV OF AME111CA NOW O"KE &UP a"ft#.'N AVf.N.E.•SEATTLE.wASMNGTON 90105 SUBDIVISION IMPROVEMENT BOND now IS& 2210967 FAITHFUL PERFORMANCE (CALIFORNIA) NINia1 f�aWlin W S 3 5.00 - KNOWALLMENBYTHESEPiRESENTS,That JOHNSON—)ALL E> MVlI 3U An1.M PAC• I11Cq as hincipd and the SAFECO INSMANCE COMPANY OF AMERICA,a Corporation organized and existing under the laws of the State of Washington and authorized to transact surety business in the State of California,as Sully,are hand and Heady bawd unto CM0111 OF CONTRA COSTA .a!Otriigte, in the sum of TWEM—FIVE THOUSAND AND 110 100tha---------Dollan(Z 25,000.00 ). for the payment whereof,well and truly to be made,said Principal and Surety bind the*mlves,their heirs,�dwillirttalosa. succesion and assigns,jointly and severally,firmly by these presents. ar F 31st ]7/E WNDiLTT/O1V OF THIS OBLIGATION/S SUCH, That WHEREAS.the principal �1 _ Ta _.._._'.,.,�� :. _.,.....«..... �► I`�w��.of "Ath.tnr tlldiarr rlfleeEin.tlll.PtlMC .ate INDIVIOUAL ACKNOWLEDGMENTt (T•Be Usd 4 Persons Who Slew As an tdlddsd,l: STATE OF. Cali foreia i °r COUNTY OF_ Orange O.this 31st dsy of_ July 19IL W Personally she' Stanley E. Bell and Albert C. Johnson to Me known and known to me to be the individnai(s) described in and who executed the foregoing agreement and acknowledged fiat I hr purposes. 1 k- executed the wane for the r mea considerations and awes therein set forth as t b e 1 r (�gall Trslasgry act and dre.i. IN RITf� �AMAlII1M.aMtaA6 ��Ir' d and affixed sly OFFICIAL SEAL , first abase Written,Um IL 4 '� MfaTAR► P{IN,K •CAUFO: • -c t1►PICt; fN a r , • O MMEtMComfy attcw �L�c•.Lw. • Notary Public residing at Newport Beach, California ,1 Lr�l to. ��.� (Commission expires April 13- 106 1 FaestafiD van". CA 92700 Addeasa ACKNOWLEDGMENT BY SURETY STATE OF CAUFORNIA ` County of Orange ss. ` On this 31st dav of July 1973 . bcf(w me. Soft? L. Swdtrix a notary public in and for the State of California with principal office in the Gnurty of �aafN residing therein,duly commissioned and sworn,personally appeared Terri A. 1e&U known to me to be the ettorney4rn-fart of Safeco Insurance Company of America, dle cmporwtion 81160.executed dw within instrument,and aeknou*daed to me that such corporation executed the same f IN W1 TNI-.% WHEREOF, t have hercanto set my hared and eJfixed my off cirf sen/,at my of lm ke the doweamid County. the day and yew in t111s ceff#iwe fist eb~written, •' Notary !'lnblic ". 2160 10112 �-a • G/ DEC — 1973 Ii 3619 aEcOavm��T l 1'� 386 OF recorded at the Request of: —`v�J, CONTRA COSTA COUNTY .. Return to: PROG. PLAN. & SPEC. PRO1. DEC PUBLIC WORKS DEPT. AT J/,5D O'Cl;C X13COW" CWA CotSM *CONS >N. RECORDS SECTION J. it 0IMN IN THE BOARD OF SUPERVISORS COUNTY RECOWN OF CONTRA COSTA COUNTY, STATE OF CALIFO1 0FFfI. In the Matter of Authorizing ) Acceptance of Instruments for ) Road Purposes. ) November 13, 1973 ) On motion of Supervisor E. A. Linscheid, seconded by Super- visor J. P. Kenny, IT IS BY TIM BOARD ORDERED that the following instruments are ACCEPTED for road purposes: Instrument Date Grantor Reference Grant Deed July 30, 1973 Landpac Enterprises Sub. 4243r4low Grant Deed August 17, 1973 Ditz-Crane Sub. 4406 Grant Deed July 27, 1973 Raymond A. Sub- 4438 Feichtmeir Grant Deed May 31, 1973 Sasha Maloff Sub. 4386 Grant Deed August 7, 1973 Cal-Test Communi- Sub. 4269 ties, Inc. _ . Grant of Develop- August 17, 1973 The Rahlves Sub.. 4504 . ment Rights Organization (The above instruments are for future development rights. ) Grant Deed October 1, 1973 Rasmus L. Jensen M.S. 126-?3 Grant Deed September 28, Lawrence Okun M.S. 164-72 1973 et al. Relinquishment of September 28, Lawrence Okun M.S. 164-72 Abutters Rights 1973 et al. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, J. E. Moriarty, E. A. Linscheid, A. M. Dias. NOES: None. ABSLNT: Supervisor W. N. Boggess. CERTIFIED COPY cc: Public Works Administrator t entey that this is a full, tune& ecereet eopy of the original document w►hieh is on file in my office, and that it was gamed & adopted by the Board of Supervisors of Contra Costa County, California, on the date shown. ATTEST: W. T. PAASCH, county • clerk&ex-officio clerk of said Board of supwila % by deputy ekrie L 23 /J .4,ew B90"'7104 11387 GRANT DEED FOR-VALUABLE CONSIDERATION, vLANDPAC ENTERPRISES, a California General. Partnership, hereby grants to THE 'COUNTY TO CONTRA COSTA, a Political Subdivision for the State of California, Grantee, and its governmental successor or successors, the future "development rights" , as defined herein below, in that real property known as Sycamore Townhouses Unit No. 2 , situated in the County of Contra Costa, State of California, and more particularly described as follows: PARCEL A, TRACT 4243, filed in the Office of the Recorder of the County of Contra Costa, State of California, on the ?4.T" day of SEPT. , 1973, in Book I(p) of Maps at Page 31 • "Development rights" are defined to mean and refer to the right to approve or disapprove of any proposed construction, development or improvement other than patios, walkways, picnic areas, play areas, drive and parking areas, reasonable and necessary lighting standards, courtyard areas, such other facilities as may be deemed desirable exclusively for the recreation and leisure of the residents of Sycamore, and any and all planning, design and landscaping incident thereto . The "development rights" are, and shall be a form of negative easement over all of said property, which shall run with the said property and shall bind the current owner and any future owner or owners of all or any portion of said property. In the event of a disapproval of proposed construction by the Grantee or its successor, said proposed construction shall not be performed. Grantee or its successor may condition its approval of any proposed construction upon the prior or subsequent performance of such conditions as Grantee may deem appropriate. '`f ,_ ! • gno�:7104 IC 388 Any owner or owners of all or any portion of said property desiring to develop any improvement requiring the approval of Grantee or its successor herein shall submit to such entitya written proposal describing the nature,extent and location such improvement. Grantee or its successor shall have thirty (30) days from receipt of such proposal in which to grant its approval or disapproval. Failure by Grantee or its successor to respond within said time period shall be equivalent to the approval of such proposal. DATED this 30 day of July , 1973. LANDPAC ENTERPRISES, A CALIFORNIA GENERAL PARTNERSHIP, By: Johnson-Bell Enterprises, a partnership - General Partner By: Albert C. Johnso I c. Partner By: �� 01AA Albert C. J nson, resident / By; S. E. nc. , Partner gorl By: anley Bell, esiden By: LA C NLIRKE WMIX'-' By: S anley Ka at , Secre��V.4 State of California ) SS IFFY County of Contra Costa ) 45 On this 3 0-r-L day of , in the year 1973, before me, and state, personally apoeare Stanley A. Karatz, known to me to be the secretary-treasurer of Lan pac, Inc. , the corporation that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be one of the partners of LAndpac Enterprises, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as at such partnershipex cuted //the ' e. ' a r OFFICIAL -,--AL Earlin-� A. N-^-'.`ono NOTARY P'IBLIC . CA.'!i:'^'IIA NOTARY PUBLIC� IN ND Ff�R THE PRINCIPAL TA COfC- .1 COUNTY OF (�,iV7iPA C�0.57,0 CONTRA COSTA CO'Ir;1V - My Commission Expires February 15. 1975 STATE OF CALIFORNIA State of California ) SS County of Contra Costa) On July 30, 1973 , before me, the undersigned, a notary public in and for said county and state, personally appeared Alb ert C. Johnson known to me to be the president of Albert C. Johnson, Inc. , ParTner the first named corporation that executed the within unstrument and known to me to be the person who executed the within instrument on behalf of said first named corporation; and personally appeared Stanley E. Bell , known to me to be the president of S.E.B. , Inc. , , Partner Bgv7104 f by 389 ... . . . .. . . the second named corporation that executed the within instrument and known to me to be the persons who executed the within instru- ment on behalf of said second named corporation, said corporations being known to me to be both of the partners of Johnson-Bell Enterprises a general partnership, the general partnership that executed the within instrument, and said partnership being known. to me to be one of the general partners of Landpac Enterprises , a general partnership, the general partnership that executed the within instrument, and they acknowledged to me that said corporation executed the same as said partners and the said partners and the said partnership executed the same as said general partner, and that said general partnership executed the same. CONSTANCE J. GORD • NOTARY PUBLIC• ON • Notary Public in and for said • Principrip;ttceinContpALIFUt{NIA • Cos a County County and State �N.♦♦•♦��on"n" +:Aires Sept.16 197 .......••..: END OF DOCUMCMt IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval of Subdivision Map of Tract 4243 (a re—subdivision of lot #50 RESOLUTION NO. 73/640 of Subdivision 3714), Danville Area. 11HEREAS a map entitled Tract 4243 (a re—subdivision of lot #50 of Subdivision 3714) , property located in the Danville area, having been presented to this Board for approval; and The Public Works Director having advised the Board that said subdivision fronts on existing County roads and no additional public improvements are required, and aforesaid map having been certified by the proper officials and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the 1972-1973 tax lien has been paid in full, and the 1973-1974 tax lien, which became a lien on the first day of March, 1973 is estimated to be $4,800; Tax Bond (No. 2210988 issued by Safeco Insurance Company of America) in the amount of 54000, guaranteeing payment of the estimated 1973-1974 tax lien; NOW9 THEREFORE, BE IT RESOLVED that said bond and the amount thereof be and the same is hereby APPROVED. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any easements shown thereon as dedicated to public use. PASSED AND ADOPTED this 21st day of August, 1973 by the following vote of the Board: AYES: Supervisors J. P. Kenny, W. N. Boggess, E. A. Linscheid, A. M. Dias. NOES: None. ABSENT: Supervisor J. E. Moriarty. cc: Public Works Director (2) CERTIFIED COPY Director of Planning I certify that this is a full, true & correct copy of Landpac inc. the original document witicii oa Pile in my office, 114 Walnut Street and that it was passed a :• a:te:l 4y the Board of San Francisco, California Supervisors of Contra Cj;ta County, California, on the date saown• A W. T. YAASCK county clerk&"-officio cie,k of slid Doard of SupervisoM by deputy clerk. on RESOLUTION NO. 73/640 ■ PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY DEPUTY PUBLIC WORKS DIRECTORS ' PUBLIC WORKS DIRECTOR 6TH FLOOR. ADMINISTRATION BUILDING R. D. BROATGH F. R. BROWN CHIEF DEPUTY PUBLIC WORKS DIRECTOR MARTINEZ. CALIFORNIA 94553 VERNON L. CLINE TELEPHONE 220-3000 R.M. RYGH (RM. 115 COURT HOUSE) August 21, 1973 HP - Subdivision 4243 Honorable Board of Supervisors Administration Building Martinez, CA Gentlemen: There is submitted for your approval the map ,of Subdivision 4243 in Super- visorial District V in the Danville area. Accompanying this map and pertaining thereto are the following documents: 1. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1973-,74 tax, which became a lien on the first Monday of March, 1973, is estimated to be $4,800. 2, Tax Bond, in the amount of $4,800, guaranteeing payment of estimated tax. The map is submitted for filing by Security Title Insurance Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. Very truly yours, ---�+ aD VICTOR W. SAUER R—ECEI_ Public Works Director AUv 210 1973 W. T. PAASCH B � CG � CLERK BOARD OF SUPERVISORS aul E. Kilkenny TRA COS,T:1 CO. DYems.%_&Z ILI Deputy Assistant Public Works Dir for Highway Planning CPB:fa cc: Security Title Insurance Company Planning Department Construction Division EDWARD W.LEAL ALFRED P.LOMELI County Treasurer-Tax Collector Assistant County Trras_rtt• ._ Tax Collector TAX COLLECTOR'S OFFICE First Installment of Taxes CONTRA COSTA COUNTY First Installment of Taxes Due and Payable Delinquent on the First Day of November on the Tenth Day of December ------------- MARTINEZ.CALIFORNIA ------------- Second Installment of T E 0 n n EOUe 228-3000.E:t.2385 Second Installment of Taxes Due and Payable D tl•JJr Delinquent on the Fitat Doy of Fe U1\* 31, 1973 on the Tenth Day of April AU C 1 1973 PUBLIC WORKS DEPARTMENT Y,/ —Z ¢3 IF THIS TRACT IS NOT FILED BY OCTOBER 31, 1973 , THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 4243 and have determined from the official tax records that there are no unpaid County taxes he too 731evied on the property included in the map. The current tax lien has been paid in full. Our estimate of the 19U-74 tax lien, which became a lien on the first day of March, 1973 is $4,800.00 . EWARD W. LEAL Tax Collector By: dl F I L E D V11. T. PAASCH CLERK BOARD CF SUPERVISCIRS O.yTRA COS-A CO N Ey iA 1 w INDIVIDUAL ACKNOWLEDGMENT: (To Be Used by Persons Who Sign As an Individual.) STATE OF California COUNTY OF OrangQ On this 31 S t day of July 1973 , before me personally appeared Stanley E. Bell to me known and known to me to be the individual(-) described in and who executed the foregoing agreement and acknowledged that he executed the same for the purposes,considerations and uses therein set forth as h i¢ free and voluntary act and deed. IN JIJT J`i4VJV4V�Fr�I Y� �e�� .y hand and affixed my OFFICIAL SEAL, the day and y ar first above written. MARY R. HOLCfl:lB • s NOTARY PUBLIC - CALIFORNIA a �• PRINCIPAL OFFICE IN Mary R. Com ` (SEAWAMGE COUNTYNotary Public, residing at Newport Beach, California MtSEAI Mr Co�ewisrioe 6Virss Aeril 13.1976 �" (Commission expires April 13, 1 q71 o RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO NAME r STREET ADDRESS CITY STATE ZIP L J SPACE ABOVE THIS LINE FOR RECORDER'S USE A�&o SAFECO INSURANCE COMPANIES r 4 L E D uU" Z/ 1973 SAFECO INSURANCE COMPANY OF AMERICA W. T. PAASCH GENERAL INSURANCE COMPANY OF AMERICA CLERK BOARD OF SUPERVISORS FIRST NATIONAL INSURANCE COMPANY OF AMERICA U RA COSTA CO. HOME OFFICE 4,147 BROOKLYN AVE.N.E..SEATTIJ.R'ASHINGTON F3105 B Dtputy Y Bond No. 2210988 BOND FOR PAYMENT OF TAXES IN SUBDIVISION OF LAND KNOWALLMENBYTHESE PRESENT.S, That we, JOHNSON—BELL ENTEItPRISES AND LAND PAC. INC. as Principal , and SAFECO INSURANCE COMPANY OF AMERICA as Surety, are held and firmly bound unto the County of CONTRA COSTA , State of California,in the penal sum of FM THOUSAND EIGHT TTtMRFn AND NQ/100ths------- --- --------- Dollars(S 4,W0.00 ) for payment of which sum, well and truly to be made,we bind ourselves, our heirs,executors,successors and assigns, jointly and severally,by these presents: THE CONDITION OF THE ABO YE OBLIGATION IS SUCH, That WHEREAS, the said JOIIIIISON—AFT.T. FNTFWPRTSFS AND LAND PAC, INC, the owner of a tract of land representing a certain subdivision of real estate,to-wit: Tract No. 4243 , intend_ to file a map thereof with the County Recorder of Contra Costa County. AND WHEREAS, the provisions of the State law require that this bond be filed with the Board of Supervisors of said County. NOW THEREFORZ if the said Principal shall pay, or cause to be paid, when due, all taxes, and all special assessments collected like taxes, which at the time of filing said map,are a lien against such subdivision,or any part thereof,but not yet payable,then this obligation shall cease and be void,otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, said Principal and said Surety have hereunto set their hands and seals this list day of July 119 73 . Premium $49.00 J0HNS0N—BELL ENTE1tP1!<ISES AND LAND PACv , INC. Principal NOTE: All signatures,both Principal and Surety, By must be acknowledged before a notary public. SAFECO IN LANCE COMPANY OF AMERICA By Terry A. Beals Attorney-in-Fact ACKNOWLEDGEMENT BY SURETY STATE OF CALIFORNIA County of Orange On this 31st day of July ,1973 ,before me, NanaZ.L. Hendrix a notary public in and for the State of California with principal office in the County of Orange residing therein,duty commissioned and sworn,personally appeared Terry A. Beals known to me to be the Attorney-in Fact of SAFECO INSURANCE COMPANY OF AMERICA, the corporation that executed the within instrument,and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my!rand and affixed my official seal,at my office in the aforesaid County, the day and year in this certificate fust above written. Nancy Hendrix Notary Public t C l ! 5-1082R110/72 !•1-6 "+1•«+e1-k14, .a t+••••1♦ PRINTED IN U.S.A. IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA September 10 , 1975 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4245, Danville Area ) Deposit: $500 ) Auditor's Permit No. 102486 ) Dated September 28, 1972 ) } Refund to: ) DiGiorgio Development Corporation P. 0. Box 3574 San Francisco, California 94119 On August 26, 1974 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. PASSED by the Board on September 10, 1975. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 10th day of September , 1975 J. R. OLSSON, CLERK cc : Public Works (2) Subdivider By Deputy Clerk Ma Cra When recorded return • gJ0�7313 f G F57 Board of Supervisors, SE? -t� 1974 Room 103, Administration Bldg. -on or UUG /J sEP - 3E%2MMIN W IN THE BOARD OF SUPERVISORS A aaM. aW*1►aa+. �ONTRA COSTA COUNTY,OFSTATE OF CALIFORNIA I R. OLSSON COUNTY RECORDER In the Matter of Completion ) Opp of improvements and declaring ) certain road_ as _ County ) RESOLUTION NO. 74/750 road .`Subdivision 4245, Danviiie Area. ) WHEREAS the Public Works Director having notified this Board that construction of improvements have been completed in Subdivision 42459 Danville area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 4245. Danville area October 3. 1972 (Employers Commercial Union Insurance Company — Bond No. 12-7103142) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 102486 dated September 28, 1972) be RETAINED for one year pursuant to the requirements of Sectionn6of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described road , having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same 1s accepted and declared to be _ a County road of Contra Costa County: P,1P.% HILI, ROAD (40/60/0.04) as shown and dedicated for public use on the map of Subdivision 4245 filed October 5, 1972 in Book 152 of Mapu at Page 5, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 26th day of August 1974 , by the following vote of the Board: — AYES: Supervisors J. P. Kenny, A. T . ?iia::, N. Boggess, E. A. Linseheid, J. E. : oriarty. S NOES: None. 1�'9lq� ABSENT: None. CERTIFIED COPY I certify that this is a full. true & correct eopy of the original document which is on file in my office. and that It was passed K adopted by the Board of Superrisors of Contra Coxta County. California, on the date shown. ATTEST: J. R. of gSON. County RESOLUTION NO. 74/750 Clerk a ex-officio Clerk of said Board of Supervisors, by Deputy Clerk. cc: Subdivider 1�C � Recorder f/ oa1� Public ,Forks Director 7— END n97 nOCOAMU In the Board of Supervisors of Contra Costa County, State of California March 12 1974 In the Matter of Approval of Subdivision Agreement Extension for Tract 4245, Danville Area. On the recommendation of the Public Works Director and on motion of Supervisor E. A. Linscheid, seconded by Supervisor A. M. Dias, IT IS BY THE BOARD ORDERED that the Subdivision Agreement Extension for Tract 4245 , Danville area, between DiGiorgio Develop- ment Corporation, subdivider (Employers Commercial Union Insurance Company, bondsman) and the County of Contra Costa for an additional period to and including August 31, 1974, is APPROVED. IT IS BY THE BOARD FURTHER ORDERED that Supervisor W. N. Boggess, Vice Chairman, is AUTHORIZED to execute said Subdivision Agreement Extension on behalf of the County. The foregoing order was passed by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, E. A. Linscheid, W. N. Boggess. NOES: None. ABSENT: Supervisor J. E. Moriarty. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Subdivider Witness my hand and the Seat of the Board of Public Works Director Supervisors Planning Director affixed this 12th day of March , 19 74 JAMES R. OLSSON, County Clerk _ By �' Deputy Clerk Mildred 0. Ballard H 24 5173-15M a -9)2)s P!Rs lo}pue Ul 311gnd IJOJON t 'leas lg3W0 pue puey Sw SS3NflM lat7lita: 'lI7 'it:; ali.:J;itil±y! slol3alrp;0 pleoq Sji jo uagolosa! e n sMe{-Aq sl! of luenslnd juawnllsul u.)y;!M ayl papom uailelodloo 43ns ;ey; aw ol pospalmouy3e pue'paweu utalay uotleiod)03 841 10#(eyaq uo'Juawnilsul Ul I!M aqj palmaxa " u►`�� Itlw3:ner.:".uzot� ; ;;,;;; otpn suoslad ay) aq of oui oa uxoul '}uaumilsul ujgjjm aql paanom ;eqj uogelod)CO aqi ili!iittaittttiitititltitltlitlittitltgNtif i UR{Riot: �o kelal3a5— aqi aq of aw o} uMoul ' ue'�uap�sald SSI aq of aw of Umoul pajeadde Alleuoslad 'ajujS pies ayl !o pue ui atlRnd oN paulslapun ay; `aw alo;aqNo Rl 1; ViN8 Ilm Jo 31VIS i ,SUBDIVISIONACFt"E.I•MIT EXMISIC@: i - r Cor_tr? Co 5t :. Subdivisicii Number 1245 } Subdivid::r Miorgio Developie t Corporation �t (O,iyina1) October 3 ?2 is Date 9 f 4; D ret-y Name _ lwlayers Cobwercial Union Insurance Co. . tz Bond No. EF - 7103142 �. Anount :$ 7,900.00 Date October 3., ,19 72 Extension New Termination Date August 31, 19 ?4 t This Dabdivider and his Surety desire that this subdirision agreement be extended through the above date; and Contra Costa County and the Surety hereby agree thereto and a6mowledge same. } _ f Dated: 2j2A.j^14 Subdivider + C01-SE CR ,IAL UNION INSURANCE COMPANY Ctz-.irmin, Bond of L1^z•:ri-ors Surety BY 07?S Ai'PROE �Q ': P. CiA�JSi~:! D.C. NANCE, ATTORNEY-IN-FACT QI�1)cptlt;f � i / a I� 'ATE-1': 3 C-ninty Cle_'_t 1 t l e- -:,f t.iC Ec`:!i d 4 v 4 f?t �� T r�yT�,�::r t t. .rr 1 t. L Ty''' �stTr'•, r� {+ ll IC ISUBDl. i:.D !._ .5. S :1_....h "T-!'S il� 1!t's ISI)—lb 11/7-IN s STATE OF CALL RNIA ' } SS. COUNTY OF ti JJ On � before me, the undersigned a Notary Public in and for said ea State, personally app AA �. luotra fA t/le to be the person whose name &17 subscribed to the within instrument and acknowledged that executed the same. WITNESS my hand and official seal. �pIg11HH111111HIHM/Nln0tt0H11H1BIH0IH/H� � � s 0MCIAL SEAL • Signature ��-�i ALVENA L DONT -; NOTARY PUBLIC CALIFORNIA • ALVAM L R ' CONTRA COSTA COUNTY ZO Name (Typed or Printed) rlCensissieafs/ites S/pt.5,1175 �� /HII/IIIIItIH/I�IIHIIIII/1/IHH/1/HHHIHIII/1/1. r«.m -General A { NOTARIAL ACKNOWLEDGMENT STATE OF California t CITY & COUNTY OF SAN FRANCISCO ss. On this 4th day FEBRUARY in the year one thousand nine hundred and 74 before me, REIEN BOURDON , a Notary Public in and for said County and State, personally appeared D.C. NANCE known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-fact of the AMERICAN EMPLOYERS' INSURANCE COMPANY and acknowledged to me that he subscribed the name of the AMERICAN EMPLOYERS' INSURANCE COMPANY thereto as principal, and his own name as Attorney-in-fact. �tl1ll(111(1IfI:lII(lftif11ll(i([(11l1(!(II((NilIIIIIII(Ir.', HELEN BOURDON = es« C �x°i NOTARY PUBLIC-C::�1r02N1A= Notary Public in and for soid County and State '+;+� Commission expires: �7��r Pl:I::C:P:.L OFFI;;E I1 CIiY 6 COUNTY OF SA,j F AXCISCO MY COMMISSION EXPIRES MARCH G, 1975 �IIIIIIIIIIII(11111(1(111(tllll1111(11I111Lf11Ill!!llll(1�. A60815-Calif. 11-69 IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 4245, Danville Area. ) RESOLUTION NO. 72/646 WHEREAS a map entitled Tract 4245 , property located in the Danville area , having been presented t-o this Board for approve , sai map aving been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map and that the current 1971-1972 tax lien has been paid in full, and that the 1972-1973 tax lien, which became a lien on the first day of March, 1972, is estimated to be $1,000; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4. Title 8, of the County Ordinance Code; Surety bond (fdo. EIS'-7103142) issued by Employers Coum;er- cial Union Insurance Cowpany with Di Giorgio Development Corporation as principal, in the amount of $7,400 for Faithful Performance, and $7,900 for Labor and Materials; A $500 cash deposit (Auditor's Deposit Permit No. 102486 dated Septez;ber 26, 1972) ; Tax bond (iro. LEF-7103144) in the amount of $1,000 guaran- teeing payment of estimated 1972-1973 tax; Subdivision agreement between Di Giorgio Development Corporation subdivider and the County of Contra Costa, wherein sad su v- ider agrees to complete road and street improvements, etc. , in said subdivision within 1 year from the date of said agreement; RESOLUTION NO. 72/646 Form #23; 70-4-500 NOW, THEREFORE, HE IT RESOLVED that said bonds and deposit and the amounts thereof be and the same are ere y f BE IT FURTHM RRSOLtTED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTR':R RFSOLIFED that said Map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements shown thereon as dedicated to the public. PASSED AND ADOPTED this 3rd of October , 19.1'2s by the following vote of the Beard: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, B. A. Linscheid. NOES: None. ABSENT: None. cc: Public Forks (2) Planning Subdivider: Di Giorgio Devel. Corp. P. 0. Box 67 .Danville, California 94526 RESOLUTION NO, 72/646 Form #233 70-4-500 CERT�`JED COPY I certify that this is a full.true 8, correct copy 01 U.1 file in MY officer the original documc:t �v.iic.i is Li.o Hoard at ,,d that it v:aa 1 -.4J ;•e:i ul ;it.; C:uiforrta, an rv:..0=s ;�i t,t nt:,a c•_M= L ,u Y tSCti, county ay deputy uerk7 aJ i 0. PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY DEPUTY PUBLIC WORKS DIRECTORS PUBLIC WORKS DIRECTOR F. R.BROWN 6TH FLOOR. ADMINISTRATION BUILDING R. D. BROATCH CHIEF DEPUTY PUBLIC WORKS DIRECTOR MARTINEZ. CALIFORNIA 94553 VERNON L. CLINE TELEPHONE 226.3000 R.M. RYGH (RM. Ifs COURT HOUSE) September 28, 1972 HP - Subdivision 4245 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 4245 in Supervisorial District a in the Danville area. Accompanying this map and pertaining thereto are the following documents : 1. Subdivision Agreement. Expiration date of one year time limit for completion is October 3, 1973- 2. Performance Bond in the amount of $7,400 This Bond, together with a $500 cash deposit (Auditor's Receipt Pio. 102486 dated September 28, 1972) , is to guarantee completion of road and street improvenents as required by the County Ordinance Code. 3. Labor and Materials Bond in the amount of $7,900. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1972-73 tax., which became a lien on the first Monday of March, 1972 is estimated to be $1,000. 5. Tax Bond in the amount of $1,000 guaranteeing payment of estimated tax. The map is submitted for filing by Financial Title Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision A reement on behalf of the County. RECEI Y ED Very truly yours, VICTOR W. S AUER Ic t 3 1372 Pu Torks Direct r W. T. PAASCH cif CLERK BOARD OF SUPERVISORS / BJK:e d oy Nt ` r . 4 ' Deputy 'Faul E, Kilkenny cc: Financial Title Company Assistant Public Works rector Planning Department Highway Planning Construction Division STATE OF CAUFORMA nTv of Contra CostaCOUlj OR Septrber 27, 1972 reface me.ere umdm iwmA a Natar= lttkiie is asd is.aid sak. h apparel Joan M. Blessen ksaws to.e to he for vice Pieaidest. Emmm of etre esapratiss eras a mow ere witris Isa�srwt. ksaws to ate to be the I moss who esecated do witme' - lsatrsasest an b" of the dation therein sassed. asd aekaswledped to ate eras seer ewporatwn executed the within _ immummat parsaast to its by4awa or a resolution of its hoard ��«r of dkeetem V1TNFSS my has+ asd &Wd awL t 455 Mt.darts Owd..W~C1mk.CA,"S". . Viola M. Olsen Name (Tnmd w Prited) s.�.ar Ctrpradas- t.; Bond No. EF-7143142 Premium: $40.00 , IMPROVEMENT SECURITY BOND (Faithful Performance & Maintenance, AND Labor 8 Materials) (Calif. Bus. S Prof. Code §ZZ612; Contra Costa County Standard Form) Z. OBLIGATION. (Princ?Pa DI GIORGIO DEVELOPMENT CORPORATION as Principal, and rSuretyj EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY a corporation organized and existing under the laws of the State of Massachusetts and authorized to transact surety business in Californ a, as Surety, here y jointly and severally bind ourselves, our heirs , executors , administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, _& Maintenance) HUNDRED-SEVEN TH USAND FOUR A R No 0 HS- - Dollars ($ 7 400 00----- ) or itself or any City-assignee un er the below-cited subdivis on con rac , plus (B - Labor & Materials) -SEVEN THOUSAND NINE HUNDRED AND NO/100THS- - - - - - - - - Dollars ($ 7,900.00---- ) for the benefit of persons protected under Cal. Bus. &Prof.Code §11612. 2. RECITALS. The Principal contracted with the County on September 27, 1972 to install and pay for street , drainage, and other improvements in Subdivi- sion No. 4245 , as per map now being filed with the County's Recorder, and to complete said work within from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according' to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives • the provisions of Calif. Civil Code 52819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. $IGNED AND SEALED on September 27, 1972 PRINCIPAL SURETY • DI GIORGIO DEVEWPNENT CORPORATION EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY By D. C. Nance, Attorney-in-Fact ' State of alifornia ) ss. County of ) (ACKNOWLEDGMENT BY SURETY) On the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorneys)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Surety and his/their own name(s) as its Attorneys)-in-Fact. Notary Public for said County and State (Imp. Sec.Bond,CCC Std.torn:) (AP-Z5;Rev. 8-67; 200) s NOTARIAL ACKNOWLEDGMENT STATE OF California City & COUNTY OF ,ala FFariC1SC0 ss. On this 27th day September in the year one thousand nine hundred and seventy-two before me, _He_jQn Bourdon a Notary Public in and for said County and State, personally appeared Di Ct Nanceknown to me to be the person whose name is subscribed to the within instrument as the Attorney-in-fact of the EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY and acknowledged to me that he subscribed the name of the EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY thereto as principal, and his own name as Attorney-in-fact. :111l1{EIlEfit11111(11II11I1f1111111EIfr11fII1111{IIllltll; HELEN BOURDON NOTARY PUBLIC -CALIFORNIA� — - � Notary Public in and for said County and State t r PRINCIPAL OFFICE Irr CS7Y 6 COUr13Y Of SAN VRANCISCO Commission expires: MY CGM&%jSSIOM EXPIRES MARCH G. 1475 _ — iifill{IN{Itil{{1{It{111111fill III III l{1111lIII1f{i1111111: E60815-1-Calif. 3-71 EDWARD W. LEAL ALFRED P.LOMELI COUNTY TREASURER-TAX COLLECTOR Assistant County Treasurer-Ta:ColIttor PHONE 228-3000 I EXT. 2185 TAX COLLECTOR'S OFFICE r1A5T INSTALLMENT L TAXES CONTRA COSTA COUNTY FIRST iN:tALLC OF TAXES [ OuAND PAYA§LC O[LINOUOu[NT ON THE rIPST OAY Or NOV[Mete - - MARTINEZ. CALIFORNIA DN T»[ T[«r» o.. a. D[caMeEe SrrOND INSTALLMENT OF TAXES SECOND INSTALLUrNT Or TAS[S Dur AND PAYABLE (] O[L,NourAT ON TMC r1.ST DAY OF F[MYART September 25, 197�7 2 ON THE TENT» OAY OF AMIL IF THIS TRACT IS NOT FILED BY OCTOBER 31, 19729 THIS LETTER IS VOID This v-!U certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 4245 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1971-72 tax lien has been paid in full. Our estimate of the tax lien which became a lien on the first day of March, 1972 j is $190= EDWARD W. LEAL Redemption Of r Bye Depu dl SUBDIVISION AGREEMENT (§1) Subdivision: 4245 Sycamore Unit VII (§1) Subdivider: (B. & P. Code §§1Z6ZZ-Z2) Di Giorgio Development Corporation MIT—Effective Date:_ nctob��,, 97 (Contra Costa County (§l) Completion Period: e tember 27. 1973 Standard Form; 8-67) (§4) Deposits : A. (cash) $500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $7,400.00 2. (labor,materials) 7, 900.00 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants , and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security : Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (I - FaithfuZ Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section 2; and if, at any time before the County's resolution of completion for the subdivision, the improvement plan proves to be inadequate in any respect, Subdivi- der shall make changes necessary to accomplish the work as promised. -1- 6. No Waiver by County. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any Dart 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 contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards, commissions, officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s ) or other proceedings) concerning these ; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 8. Costs. Subdivider shall Day when due all the costs of the work, inclu-3'ing inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. 10. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. 12. Record Nap. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying; with State laws and County ordinances . -2- FILED W. T. PMSCH ((CLERK eaM of suPMISOas Bp7��LTC�iUNTY GpLty LINTY OF CONTRA SUBDIVIDERS (see note below) By MDi or io Development Corporation 0��Che rman, Board of Supervisors J hn M.�Ble�ssen, Vice President ATTESTS W. T. PAASCH, County Clerk Cbss1gnsts official capacity in the I ex officio Clark of the Board business) By A I a eiz , e X' Note to Subdivider: (1) Execute Deputy acknowledgment form below; and (2) If a corporation, attach a certified copy of (a) the bylaw FORM APPRO UEDs JOHN B. CLAUSEN or (b) the resolution of the Board County Co u el of Directors, authorizing execution of this contract and of the bonds required By hereby. Deputy • ♦ a • a • a • a • a a a ♦ • a • ♦ • a a • • • • • • • • • • • • • • • • • • • • • • • • • State of California ) as. (Acknowledgment by Corporation, County of Contra Costa ) Partnership or Individual) On September 27, 1972 , the person(*) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to as that he executed it and that the corporation or partnership named above executed it. _ won Omni KiiwaftL:,R Viola M_ Olsen ISRS Mt.DIWO eNQ,W81 W1 CA eases Notary Public for said County and State (Subdiv. Agrmt. CCC Std. Form) (HP-9; Rev. 9-69; 200) -3- :� _ l.:a:�_•.�:.;'! lii' D. J..i-v�•.:',a.A. Cv\tea:�.�:�•_Q1, � l L� �Jt'�1..`t.l� Ciii_'V:'�:P_tl :, MLY 20, 1972. fne laGmors-r g nC%/ 1-MMT BXW T, Assistant Secretary of Di Giorgio Developm%_nt Corporat .o., A California Corpora;:ian, door hereb'k, cartify that at a snecial Moeting of :1-'a ward Gf Directors of said corporation duly and held at its o_fice in . Danville, California, on July 20, 1972, at whieh acting there was at all tines present a quorum of members of said Board, the following Resolution was duly adopted: "+'h3t the Board agroed to authorize t%a execution} of the following documents with respect to Tract 4245, SycZfiore Unit V=i: 1. Final suDdivis_on .wp. 2. Subdivision a. reemant and all necessary bonds supnor tiny sa mo. -3.' Any other bon ds ne-cessary to fulfill County requirements for map filing. 4. Sta%.e of California, Division of Real 2s'Cate Subdivision Questionnaire and Application for Public Report." : - = ....ie Resolution has rc.. been am:.rc..d, raodi�_e.. or _ezcirce:: and is now in full force and eff::ct and on record in the :.mute book of said corporation. Iii -WITL.LSS ;I T2RE T, i n • ..��..A. , have ..reunto ..et ray hand and t .e :Real of said corporation this 20th day of July, 1972. D1 �io.r�o Davcicp :on.. Corpo_... i on t NOTARIAL ACKNOWLEDGMENT + STATE OF California City & COUNTY OF San Francisco ss. On this 2_7tj1 _.day S_�tember , in the year one thousand nine hundred and seventy–tido before me, ___Helen, Bourdon Notary Public in and for said County and State, personally appeared __—_—____known to me to be the person whose name is subscribed to the within instrument as the Attorney-in-fact of the EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY and acknowledged to me that he subscribed the name of the EMPLOYERS COMMERCIAL UNION INSURANCE COMPANY thereto as principal, and his own name as Attorney-in-fact. :!lilltl{iltt[i::lftftlltflfltlfRR[!IlRRlitttlllllllfll� NOTARY PUiLIC• CALIFORNIA = Notary ublic in and4fofoid-Caur�ty and State .� OTr, :.> i.%• PRCNJiPAL OItICC M = Commission expires: -0{ CITY R CJLIriIY OF SAN i l:Ar:--;SCO =_ MY COMMISSION E?:FIRES LARCH o, 1575 :iillltllliltitilllftl!l:tt111:i1I1lIII:11If1fi21i2ltlffltl. E60815-1-Calif. 3-71 tf ' STATE OF CALIFORNIA cOUN y pFContta Costa I} SS` Olk SaDtr�lr 27, 1972 before�.the onierripei.a Nwry Publie i ani Gr nodi State, p.... y app..d John M. Hlessen kumm to m to be the Vice President. of the corporatim tbat es WOW the widti. hrt..wt, known to ae to be the petaoes who executed the within Instrument on behaH of the corporation therein named, and ackwowb -ed to we tbat such corporation executed the within instrument pursuant to its by-laws or a resolution of its board GPNCmL �� of lite AOM WITNESS ani oieial oeaL � r 7 like,d��rai Fss •-r,Put DWOO a".WO MR CMWk CAL 94M Viola M. Olsen Natae (Typed sr Priced) ssos dation' AILED W. T. Bond No. EF-7103144 PpgSCH CLERK BOARD CF SUPERVISORS Premium: $10.00 ONT CO T COUNTY Deputy BOND AGAINST TAXES FTC 78966 I=W ALL MEN BY THESE PRESENTS: THAT DI GIORGIO DMWPME�DIT CORPORATION, a�Calsforansi prlonr paraion EMPLOYERS COMMERCIAL UNION and INSURANCE COMPANY and as sureties are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of ONE THOU-SAD AND NO--------------------------------------- DOLLARS ($1,000.00 to be paid to the said County of Contra Costa, for the payment of which we and each of us bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. Sealed with our seals and dated this 27th day of SEPTEMBER 19 72 . The conditions of the above obligation are such that WHEREAS, the above bounded principal is about to file a Map entitled SUBDIVISION 4245 and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said Tract of land covered by said Map, which taxes and special assessments collected as taxes, are not as yet due or payable. Now, therefore, if the said DI GIORGIO DEVELOPMF.IZT CORPORATION shall pay all of the taxes and special assessments- collected as taxes which are a lien against said tract of land covered by said Map at the time of the filing of said Map of said Tract,. thea this obligation shall be void and of no effect. Otherwise it shall- re- main in full force and effect. DI qIeRGI0 DBVSLOPN= CORPORATION1 ,T Pri ipal EMPLOYER COMMERCIAL UNION INSURANCE COMPANY Surety D. C. Nance Surety Attorney-in-Fact Acknowledgment IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA June 19 197L In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4285, Rheem Area ) Deposit: $500 ) Auditor's Permit No. 100393 ) Dated June 28, 1972 ) Refund to: ) Ascot Highlands ) 5758 Broadway ) Oakland, California 94618 ) On July 5, 1973 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. The foregoing order was passed by a unanimous vote of the Board. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 19th day of June , 1973 W. T. PAASCH, CLERK cc: Public Works (2) Subdivider WtL ��.0=f' By , Deputy Clerk Helen. C. Marshall IN THE HOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 4285,. Rheem Area. } RESOLUTION NO. 72/443 WHEREAS a map entitled Tracth285 property located in the Rheem area having been presented to this Board for approval, said map aving been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property ` included in the map, and that the current 1971-72 tax lien has been paid in full, and the 1972-1973 tax lien, which became a lien on the first day of March, 1972, is estimated to be .$9,500; Letter from the Public Works Director• stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- . Sion 4, Title 8, of the County Ordinance Code; Surety Bonds issued by Fireman' s Fund Insurance Company with Ascot Highlands as principal, as follows: Bond No. SC 6247072 in the- amount- of $5,000 for Faithful Performance, and $2,500 for Labor and Materials; Tax Bond No. 6217801 in the amount of $9,500 issued by Firemans Fund Insurance Company, guaranteeing payment of . estimated 1972-1973 tax; Cash deposit (Auditor's Deposit Permit No. 100393 dated June 28, 1972) in the amount of $500; Subdivision agreement between Ascot Highlands subdivider and the County of Contra Costa, wherein said subdiv- ider agrees to complete road and street improvements, etc. , in said subdivision within 1 year from the date of said agreement; RESOLUTION. NO. 72/443 .Form #23; 70-4-500 NOW, THEREFORE, BE IT RESOLVED that said bonds and deposit and the amounts thereof be and the same are hereby BE IT FURTHIM RP-SOLVED that said subdivision agreement be and the same is hereby APPROVED and the Vice Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED. -4 for zxBazxdxdoLazxaoLkxaaz tpAxm=2lt$F kxRnxkgh§13& aExrbo[x�lta PASSED AND ADOPTED this th day of , .— .Tu3 v ; 19-7�2 , by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, J. E. Moriarty, W. N. Boggess, E. A. Linscheid. NOES: None. ABSENT: Supervisor E. A. Linscheid. CC: Public Works (2) Planning Subdivider Ascot Highlands c/o Gordon French RESOLUTION N0. 72/443 5758 Broadway. Oakland, California Form #23; - 70-4-500 CERTIFIED COPY.- I certify that this is a full, true & correct copy of the original document which is on file in my office and that it was gassed & adopted by the Board o; Supervisors of Contra C:tsta County California, or the date shown. ATTEST_ W. T. PAASCH, county clerk$ex-officio clerk of said Board of Supervisors, by deputy clerk. T FILEDI s if7. CLERK "ft M SUPERVISORS CONTRI.'CCA��X`((I(� SUBDIVISION AGREEMENT (§1) Subdivision: 4285Q (§1) Subdivider: Ascot Highlands (B. & P. Code §§ZZ6Z1-Z2) a partnership 1 Effective Date: J�5, 1972 (Contra Costa Countu (§1) Completion Period: Standard Form; 8-67) (§4) Deposits : A. (cash) 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ 5 000 2. (labor,materials) 10500 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants , and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments , and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus . & Profs . Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . B. Bonds, etc. : (I - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section 2; and if, at any time before the County' s resolution of completion for the subdivision, the improvement plan proves to be inadequate in any respect, Subdivi- der shall make changes necessary to accomplish the work as promised. -1- 6. No Waiver by County. Inspection of the work and/or materials , or approva of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the reauirements 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 contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards, commissions, officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal inJury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceedings) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters . S. Costs. Subdivider shall pay when due all the costs of the work, inclu-3ing inspections thereof and relocating existing utilities re- quired thereby. 9. Surveys. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor. Z0. Nonperformance and Costs. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. ZZ. Assignment. If before County accepts these improvements, the subdivision is annexed to a city, the County may assign to that city the County' s rights under this agreement and/or any deposit or bond securing them. 12. Record Map. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, and recognizes this subdivision as one complying; with State laws and County ordinances . -2- CERTIFIED COPY OF RESOLUTION OF BOARD OF DIRECTORS OF GORDON FRENCH CONSTRUCTION I , Dorothy Painter, Secretary of Gordon French ti ` Construction, do hereby certify that at a special meeting of the Board of Directors of said Corporation, held at the offices thereof on June 13 , 1972, the following resolution was adopted. Be It Resolved: That Gordon E. French, President of this Corporation, is hereby authorized to execute a subdivision agreement for improvements in subdivision 4285, Contra Costa County, and the bonds required in connection therewith. Dated: June 14, 1972 _ Secretary CERTIFIED COPY OF RESOLUTION OF BOARD OF DIRECTORS OF McGUIRE INVESTMENT COMPANY Asst. I, tLorraine F. Harding ,/Sectetary of McGuire Investment Company, do hereby certify that at a special meeting of the Board of Directors of said Corporation, held at the offices thereof on June 13 , 1972, the following resolution was adopted. Be It Resolved: That William McGuire, President of this Corporation, is hereby authorized to execute a subdivision agreement for improvements in subdivision 4285, Contra Costa County, and the bonds required in connection therewith. Dated: June 14, 1972 Asst. SecrVftrF STATE OF CALIFOPUNTA COUNTY OF CONTRA. COST OLT; 0 On June 14, 1972 before me, the undersigned, a Notary Public in and for said County, and, State personally appeared Gordon E. French, kn own to me to be the President of Gordon E. French Construction , and 1,1illiam J 1 ;circ Investment Co. , J. McGuirc*, known to me to be President, or Mc( the corporations that executed the within instrument and known to mc to be the persons who executed the within instrument on behalf of said corporations , said ccrporations A L.L being known to me to be the partners of Ascot Ili-IiI.-inds , the partnership that executed the within instrument, and accnowled _cd to me that such cornorations executed the same as ,,jich nartners and that such partnership executed the same. CHERYL A. CURREY NOTAVY PURIAC ,,ze CONTRA CQ-4" CZY"GIV My Cemmizion Erphres Feb. 2f-, 1974 ASCOT HIGHLANDS, A PARTNERSHIP, consisting of GORDON FRENCH CONSTRUCTION,_ A CORPORATION_ and MCGUIRE INVESDIENT CO. ; A CORPORATION. q",-. Al�o By: Gordon Frene:h Construction, a Corporation ` Gordon E. French, President By• /f// McGuire Inve ent Co. a Corps. _ ion William J. Vurie, President 'COUNTY N SUBD_IVI_s (see note below) By SEE ABOVE ` e r f Super ors By ATTESTS W. T. PAASCH, County Clerk Designate official capacity in the & ex officio Clark of the Board business) ByNati to Subdividers (1) Execute Deputy acknowledgment fors below; and (2) If a corporation, attach a certified copy of (a) the bylaws FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board County Counsel of Directors, authorizing execution of C' this contract and of the bonds required By hereby. Deputy a a • • • a a • • • • a a • • w • • a a a • • • • • • • • • • • • • • w • • • • • • • • w • State of California ) as. (Acknowledgment by Corporation, County of ) Partnership or Individual) On , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. Notary Public for said County and State (Subdiv. Agrmt. CCC Std. Form) (HP-9; Rev. 9-69; 200) -3- A PUBLIC WORKS DEPARTMENT VICTOR W. SAUER PUBLIC WORKS DIRECTOR CONTRA COSTA COUNTY DEPUTY PUBLIC WORKS DIRECTORS F. R. BROWN 6TH FLOOR. ADMINISTRATION BUILDING R. D. BROATCH CHIEF DEPUTY PUBLIC WORKS DIRECTOR MARTINEZ. CALIFORNIA 93553 VERNON L. CLINE TELEPHONE 228.3000 R.M. RYGH (RM. 115 COURT HOUSE) July S, 1972 HP - Subdivision 4285 Honorable Board of Supervisors Administration Building Martinez, CA Gentlemen: There is submitted for your approval the map of Subdivision 4285 in Supervisorial District III in the Rheem area. Accompanying this map and pertaining thereto are the following docu- ments: 1. Subdivision Agreement. Expiration date of one-year time limit for com- pletion is July 5, 1973. 2. Performance Bopd in the amount of $5,000. This Bond, together with a $S00 cash deposit (Auditor's Receipt No. 100393 dated June 28, 1972) is to guarantee completion of road and street improvements as required by the County Ordinance Code. 3. Labor and Materials Bond, in the amount of $2,500. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1972-73 tax, which became a lien on the first Monday of March, 1972 is estimated to be $9,500. S. Tax Bond, in the amount of $9,500 guaranteeing payment of estimated tax. The map is submitted for filing by Stewart Title Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sig nt on behalf of the County. RECEIVD Very truly yours, ��{{ $� 1972 VICTOR W. SAUER rP2icl rks Director W. T. PAASCH CLERK BOARD OF SUPERVISORS CONT!COSTA CID. sy Deputy Paul E. Kilkenny PEK•fa Assistant Public Works D ector cc: � Stewart Title Co. Highway Planning Planning Dept. Construction Division 1 ..................................................................................... STATE OF CALIFORNIA COUNTY OF CO\TILN COSTA' On June i4 . 1972 before me, the undersigned, a Notary Public in and for said County—and State personally appeared Gordon F. French, known to rye to be the President of Gordon E. Frencl, Construction , and 11illiam J. NcGuirc, known to :e to be t ze 'Presi dent of. .., Guire Investment Co. , the —corporations that executed the within instrument and known to me to be the persons :rho executed the within instrument on behalf of said corporations , said corporations being known to me to be the partners of • Ascot Ili^}elands , the partnership that executed the within instrument, and acknowledged to me that such corporations executed the same as such nartners and that 'such partnership executed the same. ati��_ CHERYL A. CURftEY ! u nc frul.1HY PUBLIC • CAl1FURMA PRMCIPAL i mCE IN ery . Currey y+ COM119A GU::'IA COUNTY My c=miWoa-Expires Feb. 29. 1976 saw No. sc 6247072 IMPROVENENT SECURITY BOND (Faithful Performance & Maintenance, AND Labor 4 Materials) (Calif. Bus. & Prof. Code §ZZ6Z421; Contra Costa County Standard Form) 1. OBLIGATION. (Principal) ASCOT HIGHLANDS as Principal, and (Surety) Fireman's Fund Insuircince Company a corporation organized and existing under the laws of the State of California -b- and authorized to transact surety business in California, as Surety, here y jointly and severally bind ourselves, our heirs , executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintenance) Five Thousand and MAW - - - - - - - - - - - - - - - - - -- - - Dollars ($ 5,000.00 for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials) Two Thousand Five Hundred and no/100 - - - - - - - - - - - - - - -Dollars ($ 2,500.00 for the benefit of persons protected under Cal. Bus. &Prof.Code §11612., 2. RECITALS. The Principal contracted with the County on Julys 1972 to ins tafl-7-and pay for street, drainage, and other improvements in Subdivi- sion No. 4285 , as per map now being filed with the County's Recorder, and to complete said work within one year - from said date, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then thi's obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect . No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND SEALED on June 14, 1972 PRINCIPAL ::scot highlands SURETY Cons a Corp. By G �Fe r,Qh Firemn's Fund Inswance Company MCG ' e invest nt Co L;f1K-CorP. _ .By By State of ralifo*pia ss. Count y o f., (ACKNOWLEDGMENT BY SURETY) On, June 14, 1972 the person(s) whose name(s) is/are signed above for Surety land who is known to me to be the Attorneys )-in-Fact for this Corporate Surety , personally appeared before me and ac,.no,.,,led1ged to ..-le that he/they siCned the name of the Corporation as Surety and his/their own name(s ) as its Attorney(s)-in-Fact. V I I;I I.-.I I It I 16 11$A 11 11 It 1.4 1 itsm at tit Stl It F1 FICIAL S F A L - Z AGNEEIS A. VAN BCTSCHOTIEN NOTAR�,PUBLIC - CALIFCRNIA 6/-, V,1Z". .., CU ,Ty OF ALAMEDA My Notary uh I said and State it FNP. See. BondCCC Std.Form) (RP-Z5;Rev. 8-67; 200) + Y EDWARD W. LEAL ALFRED P.LOMELI COUNTY TREASURER-TAX COLLECTOR Assistant County Treasurer-Tax Collector PHONE 228-3000 EXT. ?385 TAX COLLECTOR'! OFFICE IIIST INSTALLMENT SL[TARES DUE AND IA VAeICONTRA COSTA COUNTY IIefT IhSTALLr[hT OI TAsfs ON THE MIST DAA OI NOVfre[I O[LI%*UC%T MARTINEZ CALIFORNIA ON Tw[TENT.a&T oI O[C[rNe SrroND INSTALL09NT OF TAXES fluT AND IA VATIC ffCOIO INSTALLrCNT OI Tssfs June 15 1972 O[u ON THE FIKT DAV Of ICNYAe1 ON THE T[hT. Day DAT OF 1MIL IF THIS TRACT IS NOT FILED BY OCTOBER 31, 19 729 TED`S LETTER IS VOID r �- tIN r 13 I.1 F. LLIr '"'ns will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 4285 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1971-72 tax lien has been paid in Hill. Our estimate of the 1972-73 tax lien, Which becaale a lien on the first day of March, 1972 , is $ 9,500.00 S, EDWARD W. LEAL Redemption Of 08 By:— Deputf dl k Te51III.11 1-iiiii I iiiiii -lillip &tic aaa state. oa Goat:ri 1Ot saiW a Yablic'ti emoted tlotacY g11 vitro eX ote rLe.a Fa== the Person %he Same bet ^abetb F,• W"o to be exe„tea of SS. area �'' v^ E a"'0 %%to c4°tau°tt to above ,,,,tend al P`ptd \Q72 �onallY a4� \NSnsuu'TLent.me that such cettibca Cao 'ire ZO 1 a Swot,. t)O'IS `vtote9oin9 �gea ILO t Staten to an \\L anW ckno a� a Yea tnntissjOt'ea the w;th a he Will the aaY an ca % a all 1 �h Teio.a�lv eY-lnFact'bat eXec°tpotadon.a' owt�al Seal. / buc mn to be A�tbna in ana the sata ca a atl,%ea 4tl �otatY kn°ter to cat`O� asst to 1Dehal� at t�'Y as e the oOtp° nsttumen eteuttto s t:,o' �y e Saial. lyaveh t r,iJFNtP th ��$RE�F• ,"tt',ttt�t't• ^F � �e��` �� .[�^;>;t t��-j ,�11E5S �t\ ,_-• PRY fiY U4' ��.^”' .:il%'it Expire. t i yr 4�t►:.. l Go�RiisSion �C: L'�t•i�te.��t;t t� d6 "ems- :r._ . STATE OF CALIFORNIA COUNTY OF CONTRA COSTA On June 20 , 1972 before me, the undersigned, a votary Public in and for said County and State personally appeared Gordon E. French, known to me to be the President of Gorden E. French Construction, and William J. McGuire , known to me to be t e President of tic uire nvestment Co. , the corporations that executed the within instrument and known' to me to be the persons who executed the within instrument on behalf of said corporations , and corporations being known to me to be the partners of Ascot Highlands , the partnership that executed the within instrument, and acknowledged to me that such corporations executed the same as such partners and that such partnership executed the same. ' 0FI-!rZ SEAL CHERYL A. CURREY NOIANv MMUC • CAUFOwNIA y� PNCIPAL OFFICE IN Cheryl urrey CONTRA COSM COUNTY My Come iWn Expiry Feb. 29, 1976 Bond No. 6247801 TAX BOND KNOWN ALL MEN BY THESE PRESENTS: That we, ASCOT HIGHLANDS as principal, and FIREMANS FUND INSURANCE COMPANY a corporation organized and existing under the laws of the State of Califomia as surety, are held and firmly bound unto the County of Cointra Mta, State oF California (Martinez, California) State of California, in the sum of Nine Thousand, Five Hundred and no/100 - - - - - Dollars ($ 9,500.00 ), lawful money of the United States o€America, for the payment of which sum well and truly to be :Wade to said Obligee , we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents., SEALED with our seals and dated this 20th day of June 19 72 The condition of the above obligation is such that whereas the above bounden principal is about to file a map entitled. Tract No. 4285 , which shall be a subdivision of a "tract of land in said Contra Costa County , and there are certain liens for taxes and special assessments collected as taxes against the tract of land covered by said' map. The taxes and special assessments collected as taxes are not as yet due or payable. Now, therefore, if the said principal shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said inap at the time of the filing o: said map„ then this obligation shall be void and of no effect. Otherwise ►t shall remain in full force and effect. P RINCII'ASURETY: Ascot ig L hands, a Partnership Gordon French Construction (Partner) a C ora ion FIREMANS FUND INSURANCE COMPANY 17 McGuire v (Partner) Eliza th E. Farrell, Attomey-in-Fact. a Corp President STATE OF CALIFORNIA D ss. COUNTY OF Alameda ) being the Surety named in the foregoing bond, being duly sworn, says: That is a freeholder and resident within said State and is worth more than said sum of Dollars. over and above all F debts and liabilities, exclusive of property exempt from execution. Subscribed and sworn to before me this day of 19 A Notary Public for said County and State IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA September 10 197--5- In 97.EIn the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4349, San Ramon Area ) Deposit: $500 ) Auditor's Permit No. 105171 ) Dated January 23, 1973 Refund to: ) Tecton Enterprises Company ) 706 Sansome Street ) San Francisco, California 94111 ) On August 26, 1974 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. PASSED by the Board on September 10, 1975. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered o% the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 0th day of September , 197- J. R. OLSSON, XXXI X CLERK cc : Public Works (2) Subdivider By Deputy Clerk Mary raig 711, 656 :,'hen Recorded,.' return to Board of Supervisors Ste° _ 1974WHO wT O Room 103, Administration ..,�,�., .- Building f Utltt:) "'�' SEP •3181.3 1. R. OISSON IN THE BOARD OF SUPERVISORS COUNTY RECORDER // OF PF A /''CONTRA COSTA COUNTY, STATE OF CALIFORNIA CJ'�f`� • In the Matter of Completion ) of improvements and declaring ) certain roads as Count �. ) RESOLUTION NO. 74/749 road s, subdivision 4349,' San 'Ramon Area. ) WHEREAS the Public Works Director having notified this Board that construction of improvements have been completed in Subdivision 43499 SAM mason area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 43 .9, San Ramon area January 23, 1973 (Argonaut Insurance Company — Bond No. 143574) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 105171 dated January 23, 1973 ) be RETAINED for one year pursuant to the requirements of Section wr=Effi2n-4. hof the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described road s, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be _ County roads of Contra Costa County: TWIN CREEKS DRIVE (32/52/0.16) SHAW-* MOUNTAIN DRIVE (36/56/0.12) as shown and dedicated for public use on the sap of Subdivision 4349 filed February 2, 1973 in Book 154 of Maps at Page 3, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 26th day of August , 197 3, by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, N. Boggess, E. A. Linseheid, J. E. Moriarty. s NOES: None. X41 ,qA CERTIFIED COPY ley ABSENT• None. I certify that this is a full, true t corree r the erional document which i9 on file in my otflee. and that it was passed K adopted by the Board of Supervisors of Contra Costa County. California, on the date .ho-n.ATTEST: J. R. OUSON. County Clerk E ex-officio Clerk of said Board of 8upervhiors, ?4/749 by Deputy Clerk. cc: Subdivider RESOLUTION N0. Recorder ✓ Public Works END OF non,RAW 5 U13 5 -. 23982 8001i ffiffi AGORDED AT R-QUES-1 Or, L r MAR 15 1973 !GONTRA COSTA COUNTY AT _,2 Cam" W: T. PAASCH ?-COUNTY RECORDER IN THE BOARD OF SUPERVISORS 0 OF L CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval of Subdivision Map Of RESOLUTION NO. 73/47 Tract 4349, San Ramon Area. WHEREAS a map entitled Tract4349 property located in the San Ramon area, having beenpresentedto this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1972-1973 tax lien has been paid in full; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 8, of the County Ordinance Code; Surety Bonds issued by Argonaut Insurance Company with Tecton Enterprises Company as principal as follows: Bond No. 143574 in the amount of $59,800 for Faithful Performance, and $60,300 for :Labor and Materials; Cash deposit (Auditor' s Deposit Permit No. 105171 dated January 23, 1973) in the amount of $500; Subdivision agreement between Tbp TentnR ny subdivider and the County of Contra Costa, wherein said sub: ider agrees to complete road and street improvements, etc., in said subdivision within 1 year frog, the date of said agreement; RESOLUTION NO. 73/47 #23; 70-4-500 � �� Ore.. , 1`00 800 FAGESUI NOW, THER FORE, BE IT RESOLVED that said bonds and deposit and the amounts thereof be and the same are hereby APPROVED. BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the sane is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the drives, roads or easements shown thereon as dedicated to the public. BE IT FURTHER RESOLVED that an instrument- entitled "Conveyance of Future Davelopment Rights". dated January 22, 1973 from The Tecton Enterprises Company, is accepted. BE IT FURTHER RESOLVED that the following instruments are accepted for recording only: 1. Drainage Release dated December 15, 1972 from Western Electric Company; and 2. Drainage Release dated September 29, 1972 from James C. Kilpatrick. PASSED AND ADOPTED this 23rd day of January, 1973 by the following vote of the Board: AYES: Supervisors J. P. ?fenny, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, A. M. Dias. NOES: None. ABSENT: None. Ilk CERTIFIED COPY I certify that this is a full, true S correct copy of the original document which is on file in my office. and that i; was r:�: ecl • ado-, teci by the Board of SuF.crt:sors cf Con- C;�ata Count;- California, or the date sijown. A i�FS:': JJ,*. ;'. F'_�A SC'rF, couIIty by deputy clerk, clerk G:ex-officio clerk-of said Board of Supervisors, RESOLUTIO;i N0. 73/47 RECORD RT IWE IZE&JE-TbF CONTRA COSTA COUNTY ' • r� i� c @ � �►z: PuxLrC WORKS DEPT. Z11-`�11AY PLANNING DISUNVEYANCE OF FUTURE DEVELOPMENT RIGHTS qECORDS SECTION r� TheOTecton Enterprises Company, a California corporation, reby grants and conveys to the lCounty of Contra Costa, a politi- o C3 subdivision of the State of California, and its governmental _ Recessors, the future development rights in and to the fallowing described property situated in the County of Contra Costa, State of California, described as follows: PARCEL A & B of Subdivision 43+9, Meadow Glen, filed Z Fe6.73 , in Book /S.lof Maps, Page 3 Official Records, Contra Costa County. RESERVING to the Grantor, its Grantees and assigns the right and power to take any and all actions with respect to said real property as set forth in the Meadow Glen (Subdivision 4349) Declaration of Restrictions, dated 2 FED -7 3 and recorded , in Book t5 4 at Page 3 , Official Records, Contra Costa County, adopted in accordance with the provisions thereof; and without limiting the foregoing, to own, operate, and maintain said property for recreational uses in furtherance of the purposes of the Meadow Glen Association, and to construct, reconstruct, repair and demolish such buildings, structures, equipment and facilities as Grantors, its successors and assigns deem necessary or desirable for recreational uses, to encumber said property for the purpose of financing capital improvements thereon, and to take any and all actions incidental to the powers herein reserved. Nothing herein contained shall be deemed to give unto the County of Contra Costa or its governmental successors, the right of immediate TO 339 C O (Corporation) STATE OF CALIFORNIA SS_ COUNTY OF Contra Costa On January 220 197 before me, the undersigned.a Notary Public in and for said State, personally appeared W l�yy xp yam} ,xXXXXxXXXx xxxxk .xxaa�3 Betsy Warren C W known to me to be Secretary of the corporation that executed the within Instrument. = known to me to be the person: who executed the within Instrument un behalf of the corporation therein named, and acknowledged to me that such corporation executed the within instrument pursuant to it by-laws or a resolution of its board of directors. WITNESS my hand and official seal. --- �'a OFFICIAL SEAL ' EULALIE SPINA SignatureG NQTP.RY PUBLIC CALIFORNIA Pnncapzt O:fce in Contra Costa County Eulalie Spina My Commission Expiresluly28,1916 Name (Typed or Printed) 'END OF DOCUMIEW (This area for o/eial notarial seal) possession to said property; nor shall such right of possession accrue to the County of Contra Costa until such time as the Grantor, its grantees and assigns cease to use the subject property for recreational purposes in the manner so designated by the Declaration of Restrictions above referred to. DATED: THE TECTON ENTERPRISES COMPANY, a California corporation BY: �Be sy Warr , ecre ary q, x IN THE BOARD 'OF SUPERVISORS -OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 43499 San Ramon Area. ) RESOLUTION NO.. 73/47 WHEREAS a map entitled Tracth349 , property located in the San Ramon area, having been presented to this Board, for approval, said map hiving been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1972-1973 -tax-lion has been paid in full; Letter from the Public Works Director stating that said map, is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 8, of the County Ordinance Code; Surety Bonds issued 'by Argonaut Insurance Company with Tecton Enterprises Company as principal as follows: Bond No. 143574 in the amount of $59,800 for Faithful - Performance, aithful -Performance, and $60,300 for Labor and Materials; Cash deposit (Auditor' s Deposit Permit No. 105171 dated January 23, 1973) in the amount of $500; Subdivision agreement betweenn7 subdivider and the County of Contra Costa, wherein -said su v- ider agrees to complete road and street improvements, etc., :in said subdivision within 1 year from the date of said agreement; RESOLUTION N0. ?3/47 Form #23; 70-4-500 NOW, THEREFORE, BE IT RESOLVED that said bonds and deposit and the amounts thereof be and the asme are hereby APPROYBD. BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said map be and the same is hereby APPROVED and this Board does not accept or "Jest on behalf of the public any of the drives, roads or easements shown thereon as dedicated to the public. BE IT FURTHER RESOLVED that an instrument entitled "Conveyance of Future Development Rights" dated January 22, 1973 from The Tecton Enterprises Cowpany is accepted. BE IT FORTIRER RESOLVED that the following instruments are accepted for recording only: 1. Drainage Release dated December 15, 1972 from Western Electric Company; and 2. Drainage Release dated September 29, 1972 from James C. Kilpatrick. PASSED AND ADOPTED this 23rd day of Januar,, 1973 by the following vote of the Board: AYES: Supervisors J. P. Kenny, J. E. Moriarty, W. N. Boggess, R. A. Linecheid, A'. M. Dias.' NOES: None. ABSENT: None. cc: Public Works Planning Subdivider The Tecton Enterprises Co. 706 Sansome Street San Francisco, California CEIMP•IF;D CUPY ' t certify thAt this iA a full, true correct rat the arlginal document which is on file in my office, rind that it was vas-, d P- adopted by the Board of 3uPervisors of Contra Costa County, California, on t he date Shown. ATTIJSt: N. T. PAASCH, county clerk it exggririo clerk of said Board of Superv,@ON4 by deputy clerk. RESOLUTION NO. 73/47 I s I L 23 W. T. PAASCH CLi.P.K 60ARC CF SUPEFn $_ t ANTRA COSTA COUNTY f SI1131)Tt1TSTnN Ar-RF.FMPNT (Sl C31hrli vi Sion - 349 - Meadow Glen {§1) Subdivider: The Tecton Enterprises (B. & P. . Code ��G'G6LG-Gzj company 1) Effective Date : 23 January 19 (Contra Costa County (§1) Completion Period: _,One Year Standard Form; 8-67) 04) Deposits: A. (cash 500. B. (bonds, etc. ) 1. (faithful pert. & maintenance) $ 59,800.00 2. (labor,materials) 0,300.00 . 1. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs , fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including, future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "wort:" within the above completion period from date hereof as required by the Calif. Subdivision !.'lap Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Gua2°antea & Maintenance. Subdivider guarantees that the work is and will be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security Deposit. & Bond&. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . B. Bonds , etc. : (I - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier' s check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one ,year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance ; olus (2 - Labor & %faterials) another such additional security* in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors , and to persons renting equipment or furnishing labor or materials to there or to the Subdivider. S. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this wort: as promised Jn Section 2 ; and if, at any time before the County' s resolution of ; •impletion for the subdivision, the improvement tan proirps to b,-- inar,p4;_ate in any respect, Subdivi- der shall make changes necessary to accomplish the work as promised. -1- V. Wy Wu-' yuy Do CL,urt Lyvlvtt ,V.L t.tac IPIVi'A Q1111/-Vi' -ilia tiCi'1filb, nr awe»r,.t►�l of i.rr^,.� .' ai_r7/nr mwfra»i 4'i c �ncvontnd Vii. �tof-nmcr.4- l�sr a.+sr ._ , VKL .UlbrV uJ u..y officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts , shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for da:iages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers, agents and employees ; 8 - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination_ of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this wore, or subdivision, or has insurance or other in- demnification covering any of these matters . 8. APPLICATION OF ENVIRONMENTAL IM•tPACT REQUIREMENTS. By approving and executing this Agreement, Contra Costa County does not certify that the subject Subdivision is in compliance with the recent decision of the California Supreme Court in the case of "Friends of Mammoth vs. County of Mono". By executing this agreement, Sub- divider agrees to save- and hold harmless the County from any and all legal action that may be brought because of the aforementioned decision and agrees to defend any such action brought against the County. Subdivider further recognizes that he may be required, during the tenure of this a agreement, to comply with all rules and regulations which may be promulgated to implement the aforementioned decision. 9. COSTS. Subdivider shall pay when due all the costs of the work, including inr spections 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 :)f the County Road Commissioner-Surveyor. 11. NONPERFORMANCE AND COSTS. If Subdivider fails to complete the work and improve- ments within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges therefor immediately upon demand. If County sues to compel per- formance of this agreement or recover the cost of completing the improvements, Sub- divider shall hay all reasonable attorneys' fees, costs of suit, and all other �-x- penses of litigation incurred by County in connection therewith. 12. ASSIGNM•ML•N7. if before County accepts these irprovements, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. -2- r 13. RECORD MP. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, COLIrs N OF CON SUBD�IVIOERs (see note below) By TNF TRCTON ENTERPRISES COMPANY Cha an, Board o ,. rvisi By ATTEST= W- T. PAASCH, County Clerk Designate a ficial capacity in the _ & ex officio Clerk of the Board business) SECRETARY By /li.dG�G� — [Vote to Subdividers (1) Execute r Deputy acknowledgment form below; enc (2) If a corporation, attac -a certified copy of (a) the byiecs FORM APPROVED: JOHN B. .CLAUSEN or (b) the resolution of tha* Board--. County Counsel of Directors, authorizing execution of this contract and of the bonds required By hereby. Deputy � • w � � � * � * � � � * +r f * +r s ,� + +r +r s a a ♦ s r a s s : ♦ • � s • • s s s • • • f w State of Cal' rnia ) ss. (Acknowledgment by Corporation, County of ��„ L''?�'.�.�C2 s ) Partnership or Individual) On 9 j2,4 ,c &Z3 , the person(s) whose name(s) is/are signed above for Subdivider and who i known to ma to be the individual and officer or partner as stated above who signed thi instrument, and acknowledged to me that he executed it and that the corporation or partnership named ebove executed it. Notary Public forsaki County and State (Subdiv. Ag--mt. CCC Std. Form) (HP-9; Rev. 9-69; 200) I - -OFFICIAL-SEAL rc :, EULALIE SPINA P�BI.IC-CALIFORNIA 1 in Centra Crsta CCU r, ; —3— rt;y Cc.ncuiss cn�xpiresl z:y23.I476 i C ORP ORATE RESOLUTION At a meeting held on 21 January 1973 the Burd of Directors of The Tecton Enterprises Company did hereby resolve as follows: THAT, the corporation by its officers are hereby authorized and empowered to execute various agreements and other forms and instruments which are necessary to file the final sub- division map for Meadow Glen, Subdivision No. 43+9. I hereby certify that the above resolution was adapted at a meeting of the Board of Directors on 21 January 1973- Betsy 973.Be sy Warre , Secretary i PUBLIC WORKS DEPARTMENT . VICTOR SAUER CONTRA COSTA COUNTY DEPUTY PUBLIC WORKS DIRECTORS PUBLIC WORKS DIRECTOR F.R.BROWN 6TN FLOOR. ADMINISTRATION BUILDING R. D. BROATCH CHIEF DEPUTY PUBLIC WORKS DIRECTOR MARTINEZ, CALIFORNIA 94553 VERNON L.CLINE TELEPHONE 2ee-3000 R.M. RYGH (RM. 115 COURT HOUSE) January 23, 1973 HP - Subdivision 4349 Honorable Board of Supervisors Administration Building Martinez, CA Gentlemen: There is submitted for your approval the map of Subdivision 4349 in Supervisorial District V in the San Ramon area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one-year time limit for com- pletion is January 23, 1974. 2 Performance Bond, in the amount of $59,800. This bond, together with $500 cash deposit, is to guarantee completion of road and street im- provements as required by the County Ordinance Code. 3. Labor and Materials Bond, in the amount of $60,300. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property. The map is submitted for filing by Title Insurance Company under the pro- visions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. D T��T�� Very truly yours, j� VICTO SAUER Pub CWo-rs Director W. T. PAASOH C4IKRMt 90"0 00'BUPEFIVIQORa B ar ® r �` �� ul E. Kilkenny _ �auw Assistant Public Works Director BJK:fa Highway Planning cc: Title Insurance Co. Planning Dept. Construction Division ' BONDpiomium ir7 �s b.Rd is S 405.00 PERFORMANCE BOND per 6le in aeleo od subject to dlus"Faw at - Co Wd msllrsl roles. Z�ZlI��ZI�I!/�ILIZC+� L�GG MENLO PARK, CALIFORNIAHOME OFFICE _ I �� KNOW ALL MEN BY THESE PRESENTS: That we, TECTON ENTERPRISES CO. as Principal, and ARGONAUT INSURANCE COMPANY, a corporation organised wader the laws of the State of California and duly authorised under the laws of the State of CALIFURNIA to become sole surety on bonds and undertakings, as Surety, are hold and firmly bound unto COUNTY OF CONTRA CONSTA as Obligee in the full and just sum of FIFTY NINE THOUSAND EIGHT HUNDRED & 00/100thS Dollars, ($ 59,800.00 ), lawful money of the United States of America, to be paid to the said Obligee, successors or assigns; for which payment, well and truly to be made, we bind ourselves, our heirs,executers, successors, administrators sad assigns, jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that; whereas the above bounden Principal has entered into a contract,dated ' 19 , with the Obligee to do and perform the following work, to-wit: CONSTRUCTION OF STREET', SIDEWALKS, CURBS, GUTTERS, STORA DRAINAGE IN MEADOW LIEN SUBDIVISION, TRACT 4349 as is more specifically set forth in said contract, to which contract reference is hereby made; Now therefore, if the said Principal shall well and truly do the said work, and fulfill each and every of the cow. . 3ecificatioas, thea State of CafifMim County of ss: er time the Oblive On this 22nd day of January , 19 7_, before me personally appeared J. M. Lalonde , 19 73 - known to no to be on Attorney-in-Fact of Argonaut In rancCompon he corporation described in the within instrument, and he acknowledged to no that he exec ed t e within ins ume as t a f the said Argona Insurance Company in accordance with authority duly onfe ed upon im by s Com r NOTARY PUBLIC F. S7ANS0E4;Y CAI&FORMA s.�COUNTY E COMPANY Rnr.0 t97� .Pt`.•.:� ria :.. ,,.,. .,.:SCi: 'c1,:'.:i:S.A7 16. Commission Expires Flo-est Anw my iwAso - -- --- -" --" FID-1016-113 f LABOR AND MATERIAL BOND PUBLIC WORK—CALIFORNIA BOND N0. 143574 The premium for this bond is included in the premium for the bond guaranteeing perform- ance of the contract covered thereunder. QHOME OFFICE - MENLO PARK. CALIFORNIA F-1 VT. AA6CH D 1� If>3 W KNOW ALL MEN BY THESE PRESENTS: CLERK Soot) of SUPERVISORS CONTRA COSTA QO QY .`. 004'.' That we, TECTON EN'T'ERPRISES CO. as Principal, and Argonaut Insurance Company, incorporated under the laws of the State of California and authorized to execute bonds and undertakings as sole surety, as Surety, are held and firmly bound unto any and all persons named in California Civil Code Section 3181 whose claim has not been paid by the contractor, company or corporation, in the aggregate total of SIXTY THOUSAND THREE HUNDRED & 00/100ths Dollars, ($ 60,300.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The Condition of the foregoing obligation is such that; whereas the above bounden Principal has entered into a contract, dated ' 19 , with the COUNTY OF CON'T'RA CONSTA to do the following work, to-wit: CONSTRUCTION OF STMT SIDE14ALKS, CURL'S, GU`1TERS, SMRM DRAINAGE IN MEADOtd GLEN SUBDIVISION, TRACT 43419 Now, Therefore, if the above bounden Principal, contractor, person, company or corporation, or his or its sub-contractor, fails to pay any claimant named in Section 3181 of the Civil Code of the State of California, or amounts due under the Unemployment Insurance Code, with respect to work or labor performed by any such claimant, that, the Surety on this bond will pay the same, in an amount not exceeding the aggregate sum specified in this bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee, which shall be awarded by the court to the prevailing party in said suit, said attorney's fee to be taxed as costs in said suit. This bond shall inure to the benefit of any person named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assignees in any suit brought upon this bond. This bond is executed and filed to comply with the provisions of the act of Legislature of the State of California as designated in Civil Code, Sections 3247-3252 inclusive, and all amendments thereto. Signed and Seated this 22nd day* of January 119 73 . Str Co. TECTON IIN.i'FT +SI'RISES QQ. On ' Principal per, kno,... BY' 0 ra�� instr (nse• ARGONAUT INSURANCE COMPANY Surety By J. M.61.-donde — attorney-in-fact FID-i FID-1017 R-2 (1-72) i Y Califomio i }ss: Of 22nd day of January i g_ Before me _1!y appeared S• M. Lalonde oto no to be an Attorney-in-Foci of Argonaut lnsur ce C?mpony, the corporation des din the within anent, and he acknowledged to me that he execute the within instr t as t a act of a said Argonaut ince Company in accordance with authority duly co erred pon him b s d Co ny. .«-�".qg,F"+►'y''J►'t►'7►'1►7►`�ICaC�'X�'��►``!`Y`t:�l:�• Al NANCY STANS9ERRY /110 F. NOTRY APUIRLIC HOTAVY PU6UC-CAL'F 241A SAN fRANCtSCO Co NTT ! MY COMMISSiOw Ex?7RES t1At 16.1974 # My Commission Expires t s EDWARD W• ZEAL - 'Af.FREDP.LOMELI Assnt COUNTY TREASURER-TAX COLLECTOR - Count T County Tnosurer-TO1T Collector PHONE 228-3000 EXT. .1185 TAX CO41ECTOR'9 OFFICE FIRST DUE AND PA INSTALLMENT CONTRA COSTA COUNTY .,R.T IN o«-.QUI o. T.,.. ON THC- MARTINEZ. CALIFORNIA rIFST DAV Or NOVEM.E. ON T.2 YEN?. DAT Or orcEM.EM - Srco-do INSTALLMENT OF TALE. SECOND INSTALLMENT Or TAMES DUE AND IPAYA.LE T'„ nn �n/wT OELtNOUrHT ON TME FIRST DAY OF FEMNARV January 22, 973 ON TML TENT-DAY OF APRIL IF THIS TRACT IS NOT FILED BY FEBRUARf 28, 19139 THIS LETTER IS VOID This win certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 4349 and have determined from the Official tax records that there are no =paid county taxes heretofore levied on the property included in the map. The current 1972-?3 tax lien has been paid in EDWARD W. LEAL Redemption Offi By: J /De pa dl %Ilk In the Board of Supervisors of Contra Costa County, State of California November 6 _, 19 74 In the Matter of Completion of Private Improve- ments in Subdivision 4363, Orinda Area. The County Building Inspector having notified this Board of the completion of private improvements in Subdivision 4363, Orinda area, as provided in the agreement with Orindawoods, P . 0. Box 291, Orinda, California 94563 approved by this Board on November 26, 1973; NO'-IT., THEREFORE, on motion of Supervisor '-T. N. Boggess, seconded by Supervisor J. P . Kenny, IT IS BY THE BOARD ORDERED that the private improvements in said subdivision are hereby ACCEPTED as complete. IT IS BY THE BOARD FURTHER ORDERED that the surety bond in the amount of *54,797 (Number 090720) issued by the Argonaut Insurance Company guaranteeing faithful performance, be and the same is hereby EXONERATED. The foregoing order was passed by the following vote: AYES: Supervisors J. P . Kenny, ' . N. Boggess, J. E. Moriarty. NOES: None. ABSENT: Supervisors A . M. Dias, E. A. Linscheid. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. c c• Applicant Witness my hand and the Seal of the Board of Building Inspector. Supervisors Grading Engineer affixed this 6th day of November, 19 74 J. R. OL&%N, Clerk By i' Deputy Clerk H 24 5/73 -12,500 Mar P ennin Ori *CONTRA COSTA COUNTY 0 BUILDING INSPECTION DEPARTMENT Inter - Office Memo TO: Board of Supervisors DATE: October 28, 1974 IN FROM: R. J. Kraintzq County Building Inspector' By: James A. Searfus, Grading &�gineer SUBJECT: SUBDIVISION 4363 — AGREAWT FOR INS ION OF "VWMWS. Area: Orinda Owner/Applicant: Orindawoods, P. 0. Box 291,1 Orindav CA 94563 < The private improvements required to be constructed under the above Subdivision Agreement, executed by the Board of Supervisors on November 26, 1973, have been satisfactorily completed. It is recommended that the improvements be accepted as complete and the Surety Bond (Argonaut Insurance Co., #090720, $54,797) submitted as faithful performance of the Agreement be exonerated. RECEIVED OCT 3 01974 J. R. OLSSON R BOARD OF SUPERVISORS ONTP-A COSTA CO: B JAS:ads In the Board of Supervisors of Contra Costa County, State of California November 26 , 197 In the Matter of Approval of Agreement for Private Improvements in Subdivision 4363, Orinda Area. WHEREAS an agreement with Orindawoods, P. 0. Box 291 , Orinda, California 94563 for the installation and completion of private improvements in Subdivision 4363, Orinda area, has been presented to this Board; and WHEREAS said agreement is accompanied by a $54,797.00 surety bond (No. 090720) issued by the Argonaut Insurance Company, as security for the full amount of the costs for completion of the improvements required by the Board of Adjustment in approval of said subdivision; � NOW, THEREFORE, on the recommendation of the County Building Inspector, and on motion of Supervisor J. E. Moriarty, seconded by Supervisor E. A. Linscheid, IT IS BY THE BOARD ORDERED that said agreement and the accompanying surety bond are hereby APPROVED. IT IS FURTHER ORDERED that Supervisor A. M. Dias, Chairman of this Board, is AUTHORIZED to execute said agreement in behalf of the County. The foregoing order was passed by the following vote : AYES: Supervisors J. P. Kenny, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, A. M. Dias. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Applicant/Owner Supervisors Building Inspector affixed this 26th day of November , 19 73 Grading Engineer ?� W. T. PAASCH, Clerk By Deputy Clerk Vera Nelson H 24 5/73-15M CONTRA COSTA COUNTY 11 BUILDING INSPECTION DEPARTMENT Inter - Office Memo TO: Board of Supervisors DATE: November 1 1973 FROM: R. J. Braintz, County Building Inspector By: James A. Searfus, Grading Engineer / SUBJECT: SMIVISION 4363 - AST FOR INSTALLAT ON OF PRIVATE ID�PB S. Area: Orinda 'J Owner/Applicant: Orindawoods, P. 0. Box 291, Orinda, CA 94563 Attached is the Subdivision Agreement which has been secured by a surety bond ($54,797.009 Argonaut Insurance Co., Bond No. 090720) for the full amount of the costs for completion of the improvements required by the Board of Adjustment in approval of the above Subdivision. The agreement form has been approved by the County Counsel's Office and the estimates have been approved by this office. It is recommended the agreement be approved and executed. RECEIVED NOV/5 1973 CLE PAASCH OF SUPERVISOgg JAS:ads By N sTd °eo°'y attachments J� SUBDIVISION AGREEMENT (§1) '� Subdivision: 4363 (§1) Subdivider: Orindawoods, (Private Improvements) Post Office Box 291, ormda, Calit. 94563 Effective e: 11-5-73 (Contra Costa County §1 Completion Period: one Zear Standard Form; 8-67) §3 Deposit: (faithfulper. )$_5_4,727,_90` 1. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above-named Subdivider, mutually promise and agree as o lows concerning this sub- vision:- 2 . Improvements . Subdivider shall construct, install and complete private road and street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordi- nance Code, especially Chapter 5 (Sections 8490 et seq. ) of Division 4 of Title 8 and including future amendments, and all improvements required in the approved � map improvement plan of this subdivi- sion on file in the County 's Building Inspection Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by Section 8495(d) of the County Ordinance Code, in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a con- flict between the improvement plan and the County Ordinance Code, the stricter requirements shall govern. 3. Improvement Security. (3 - Faithful Performance) Upon executing this Agreement, Subd1_vTaer shall, in accordance with Section 8494.10(b) (3) of the County Ordinance Code, deposit as security with the County at least the above-specified amount, which is the total estimated cost of the work, in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faith- ful performance of this agreement. 4. Indemnity. Subdivider shall hold harmless and indemnify the indem- nitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts, elective and appointive boards, commissions, officers, agents and employees; B - The liabilities protected against are any liability or claim for damage a any t n allegedly suffered, incurred or threatened be- cause 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 unfore- seeable at any time before the County approved the parcel map improve- ment plan or accepted the improvements as completed, and including the defense of any suit(s), action(s) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission (negli- gent li- gent or non- eg gen n connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions: The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other indem- nification covering any of these matters. 5. Costs . Subdivider shall pay when due all the costs of the work, inclu-d Tng inspections thereof and relocating existing utilities re- quired thereby. -1- o. Non erformance and Costs. If Subdivider fails to complete the work and improvements wit n the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges there- for immediately upon demand. If County sues to compel performance of this agreement or recover the cost of completing the improvements, Subdivider shall pay all reasonable attorneys ' fees, costs of suit, and all other expenses of litigation incurred by County in connection therewith. 7. Assignment. If before these improvements are completed this minor subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. 8. Record Map. In consideration hereof, County shall allow Subdi- vider to file and record said � map, and recognizes this subdi- vision as one complying with State laws and County ordinances, and the conditions of approval of the minor subdivision. COUN TRA--,COSTA SUBDIVIDER: (see note below) ORINDAWOODS, a joint venture of Great B 64 Western Savings and Loan Association and Pa o pervisors o. sole Ge al Partner, ATTEST: W. T. PAASCH, County Clerk By Donald L. Do ce Pres. & ex officio Clerk of the Board Designate o cia capac ty in the business) By Note to Subdivider: (1) Execute Deputy acknowledgment Form below; and (2) If a corporation, attacEa certified copy of (a) the by-laws or (b) the resolution of the bard of Directors, authorizing execution of this contract and of the bonds required hereby. State of California ss. (Acknowledgment by Corporation, County of Contra Costa ; Partnership or Individual) On November 5, 1973 , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. OFFICIAL SEAL CAROLINE A. RINKEL E0 NOTARY PUBLIC CALIFORNIA CONTRA COSTA COUNTY Caroline A. Rinkel My Commission Expires play 21,1977 Notary Public for said County and Sta e Fore JOHN B. CLAU_:Elr, Ccc„y Counsel —2— ft oepaty�-�:-C.f, —2— rya State of California County of Contra Costa On November 13, 1973, before me, the undersigned, a Notary Public in and for said county and state, personally appeared Donald L. Doughty, known to me to be the Vice President of the R. T. Nahas Company, a corporation, that executed the within instrument and known to me to be the person who executed the within instrument on behalf of said corporation, said corporation being known to me to be the General Partner of Orinda Properties, a limited partnership, the partnership that executed the within instrument and also known to me to be one of the joint venturers who executed it on behalf of the partnership and acknowledged to me that such corporation executed the same as such partners and that such partnership executed the same as a partnership and as joint venturers of said joint venture and that said joint venture also executed the same. CARO 01KEL ' CCI' Notary Public • �„, hlyCem:nsa�Ersttay:l,l41 3 EXECUTED IN TRIPLICA BOND N0. 090720 PREMIUM: $274.00 This bond effective: 11/14/73 IMPROVEMENT SECURITY BOND , (Faithful Performance & Maintenance, AND Labor & Materials) (Calif. Bus. & Prof. Code 11612; Contra Costa County Standard Form) 1. OBLIGATION. Orindawoods, A Joint Venture between Great Western (Principal) Savings and Loan Association and Orinda Properties, a Limited as Principal, and (Surety) ARGONAUT INSURANCE COMPANY Partnership a corporation organized and existing under the laws of the State of California and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful Performance, & Maintenance) Fifty four thousand seven hundred ninety seven & no/100--- Dollars ($ 54,797.00 ) for itself or any City-assignee under the below-cited subdivision contract, plus (B - Labor & Materials) Fifty four thousand seven hundred ninety seven & no/100--- Dollars ($ 54,797.00 ) for the benefit of persons protected under Cal. Bus. & Prof. Code 11612. 2. RECITALS. The Principal contracted with the County to install and pay for street, drainage, and other improvements in Subdivision No. 4363 , as per map now being filed with the County's Recorder, and to complete said work within one (1) year(s) from the effective date of said Contract, all in accordance with State and local laws, rulings thereunder and the subdivision contract. 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and improve- ments agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guarantee -of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attorney fees fixed by court to be taxed as costs and included in the judgement. This bond is effective: 11/14/73. SIGNED AND SEALED on November 9th, 1973 PRINCIPAL SURETY GREAT WJMTJRN SAVINGS AND LOAN ASSOCIATION ARGONAUT S Lao, NSURANCE COMPANY J I RE B By T By ( PRINCIPAL JeL. Witter, Attorney-in-Fact ORINDA PROPERTIES, A LIMITED PARTNERSHIP JOINT VENTURE BY R.T. NAHAS CO.., INC. GENERAL PARTNER By Donald L. Doughty, Vice Presiden€) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * State of California ) County of Los Angeles ) (ACKNOWLEDGEMENT BY SURETY) On November 9th, 1973 the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorneys)-in-Fact for this Corporate Surety, personally appeared before me and acknowledged to me that he/they signed the name of the Corporation as Surety and his/their own name(s) as its Attorneys)-in-Fact. _ OFFICIAL SEAL (Imp.Sec: t�h�►�urc�� i��tarnce ��rz�iuyz� HOME OFFICE • MENLO PARK. CALIFORNIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That ARGONAUT INSURANCE COMPANY, a corporation organized and existing under the laws of the State of California,and having its principal office in Menlo Park,California,does hereby constitute and appoint FRANK D. NICHOLL, JR. , YIESLEY R. D019NEY, JEAN L. 1•IITTER, EDITH P. PEARUTAN, CARLA R. HOLT, WILLIAM J. PROBETTS and KAREN FIZZOLIO, individually of Los Angeles, California its true and lawful Attorney(s)-in-fart to sign, execute, seal, acknowledge and deliver for, and on its behalf, and as its act and deed, any and all bonds,recognizances,under- takings,contracts of indemnity or other writings obligatory in the nature thereof,as follows: 1.1ith penalty not to exceed Five Hundred Thousand Dollars ($500,000.00) And said Company hereby ratifies and confirms all and whatsoever said Attorncy(s)-in-fact may lawfully do in the premises by virtue of these presents. This appointment is made under and by authority of the following Resolution passed by the Board of Directors of said Company at a meeting held at the principal office of said Company, a quorum bring present and voting,on the seventh day of July, 1959,which resolution is still in effect: "RESOLVED,that the President or any Vice President,in conjunction with the Secretary or any Assistant Secretary,be and they are hereby authorized and empowered to appoint Attomeys-in-fact of the Company,in its name and as its acts. to execute and acknowledge for and on its behalf any and all bonds,recognizances,under- takings,contracts of indemnity or other wntings obligatory in the nature thereof,with power to attach thereto the seal of the Company.Any such writings so executed by such Attomeys-in-fact shall be as binding upon the Company as if they had been duly executed and acknowledged by the regularly elected Officers of the Company in their own proper persons." 1N WITNESS WHEREOF, ARGONAUT INSURANCE COMPANY has caused these presents to be sealed with its corpo- rate seal,duh•attested by its Vice President and its Assistant Secretary,this 7th day of December 19 72 ARGONAUT INSURANCE COMPANY 00, (Seal) Vice P►eskimt Assimat Seereary THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO ss. On this 7th day of December 1972 before me came the above named Vice President and Assistant Secretary of Argonaut Insurance Company,to me personally known to be the individuals and officers described herein, and acknowledged that the seal affixed to the preceding instrument is the corporate seal of Argonaut Insurance Company and that the said corporate seal and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporation. Q:.- (Seal) twTanv VWft6CrausOtrtrta am/RaMCMCO COUMT V r corrrWON aawaea teat u.1913 Novy JWbMc 1, the undersigned Secretary of Argonaut Insurance Company, hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Company,and do hereby further certify that the said Power of Attorney is still in force and effect. And 1 do hereby further certify that the Certification of this Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolution adopted by the Board of Directors of the Argonaut Insurance Company at a meeting duly called and held on the 19th day of January, 1972 and that said resolution has not been amended or repealed: "RESOLVED,that the signature of the Secretary or any Assistant Secretary of this Corporation.and the seal of this Corporation,may be affixed or printed by facsimile to any certification of a Power of Attorucy of this Corpo- ration,and that such printed facsimile signature and seal shall be valid and binding upon this Corporation." GIVEN under my hand and the seal of said Company,at Menlo Park,California,this 901 day of November 1973 socrspry Flo-1105 R-10 ra Laze ��e��c' •��tn Q- �2�r1r-cue LIFE&CASUALTY ° The /Etna Casualty and Surely Company ❑ The Standard Fire Insurance Company Hartford, Connecticut Building Inspection Department To CONTRA COSTA COUNTY Daft 11/5/73 Pine and Escobar Streets Martinez, Ca. - 94553 Attn: Mr. Searfus Gentlemen:This is to certify that insurance policies, subject to their terms,conditions and exclusions, are at present in force in the Company indicated above by ©, as follows: Name of Insured ORINDAWOODS, A JOINT VENTURE BY AND BETWEEN GREAT WESTERN SAVINGS AND LOAN ASSOCIATION, A CORP. , AND ORINDA PROPERTIES, Covering Improving rivate roads for Subdivision #4363, Contra Costa County. KIND OF INSURANCE LIMITS OF LIABILITY POLICY NO. EFFECTIVE EXPIRATION Each Person Each Occurrence Workmen's Compensation 28C800480 9/15/73 9/15/74 Manufacturers' S Contractors' Bodily Injury Liability .000 Property Damage Liability S .000 $ ,000 Owners' or Contractors' Protective Bodily Injury Liability .0()0 Property Damage Liability $ ,000 $ .000 Comprehensive Automobile 28AB 80048 Bodily Injury Liability $ 500000 $ 1,000 000 Property Damage Liability $ 500 .000 r� rr rr Comprehensive General Bodily Injury Liability $ 1200Q $ 1,000 n n n Property Damage Liability $ 500 000 $ 500 ,000 EXCESS IND M ITY Sina imi Bodily Injury Liability $ 000 $ 21000 000 $2,000 000 28XS 80048 P`Aft8aTftftt& TO IWWDE: S .0W $ ,ow Th? County and i s special istrict, elective an appointive oar ® , oisions, o ,County hgents red employe1s In event of cancellation, 10 days — n written notioe will be given to the party to whom this oertificate is addressed. By Authorized Representative t (CC5194) 1-73 CAT. 273562 PRINTED IN U.S.A. TO 449 C (Corporation) \11J STATE OF CALIFORNIA COUNTY OF ALAMEDA ,\ I On November 6, 1973 before me, the undersigned,a Notary Public in and fur said ' State, personally appeared R. T. Nahas ¢ known to me to be the President, and Eva C. Nahas tr known to me to lie Secretary of tile, corporation that executed the within instrument. = known to me to be the persons who executed the within I instrument on behalf of the corporation therein named, and tt acknowledged to me that such corporation executed the within w instrument pursuant to its bylaws or a resolution of its board 11/It/It/tll//11111/1/pltflRttfffll///ttllfl//Iq/Illt� of directors. WITNESS my hand and official seal. 01 FICIAL SEAL _ .>''�' HELEN P. MURPHY tl `*' 'C CALIFORNIA Signator �"G� y`r� ALA"ALL.A C;;UNTY Helen P. Murphy a+uta/w/uuuu++ei wm:iuw ui�w uu /iiniNi Name (Typed or Printed) Mis arse for af&ial notarial seal) ACTION OF THE BOARD OF DIRECTORS OF THE R. T. NAHAS COMPANY, A CORPORATION, TAKEN WITHOUT A MEETING The undersigned being all the directors of the R. T. Nahas Company, a Corporation, do hereby unanimously consent to the adoption of the following resolution: RESOLVED: That Donald L. Doughty, Vice President of this Corporation be, and he hereby is, authorized to enter into on behalf of this Corporation a Subdivision Agreement with the County of Contra Costa covering Subdivision 4363 and to execute a performance bond, labor and materials bond and tax bond in connection therewith, together with such other documents and instruments as may be incident thereto. DATE: CERTIFICATE OF SECRETARY I. y _ /� Secretary of R. T. Nahas Company, a corporation, do hereby certify and delcare that the foregoing is a full, true and correct copy of a resolution adopted by action taken by unanimously written consent of the Board of Directors without a meeting, dated '11-6 - Z3 , and that the by-laws of this corporation authorize the directors to so act; and that said resolution is now in full force and effect. In testimony whereof, I have hereunto set my han&Lland affix the Corporate Seal of this said Corporation this ,C� day of �� (Corporate Seal must be affixed) Secretary IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 4363, Orinda Area. ) RESOLUTION NO. 73/876 WHEREAS a map entitled Tract 4363, property located in the Orinda area, having been presented to this Board for approval, said map having been certified by the proper officials, and being accom- panied by: Letter from the Redemption Officer stating that there are no unpaid County Taxes heretofore levied on the property included in the map, and that the current 1973-1974 tax lien has been paid in full; and _ Letter from the Public Works Director stating that said map is submitted for filing under the provisions of the County Ordinance Code and all fees have been paid; and WHEREAS the Public Works Director having reported that Sub- division 4363 is a resubdivision of Lots 85 and 86 of Subdivision 3833 and all public improvements have been constructed; and. WHEREAS it having been noted that there are no public street or drainage improvements, a subdivision agreement and improvement bonds are not required; NOW, THEREFORE, BE IT RESOLVED that said map is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements shown thereon as dedicated to public use. PASSED AND ADOPTED this 20th day of November, 1973 by the following vote of the Board: AYES: Supervisors .J. P. Kenny, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, A. M. Dias. NOES: None. ABSENT: None. CER.TH IED COPY I certify that this Is a full, true & correct copy of t-be o e"i.'zd document waic7 Is on file in my office, ».d that it -as s py scd s ad:),Aed by the Board of c c: Public Works Pcrvl_=o_ of Contr—a costa county, California, on Planning date &l:cwn A' EST: W. T. PAASCH, county Subdivider "'rk&ex-uffi:lo clerk of said Board of'superviscre, Orinda Woods ydeputy cicrl;. P.O. Box 291 < C Zl� b` .moi 9 Orinda, California 94563 3 RESOLUTION NO. 73/876 VICTOR W. SAUER PUBLIC WORKS DEPARTMENT R. M. RYGH PUBLIC WORKS DIRECTOR DEPUTY.BUILDINGS AND GROUNDS VERNON L. CLINE CONTRA COSTA COUNTY ROOM IIS, COURTHOUSE CHIEF DEPUTY PUBLIC WORKS DIRECTOR J. E. TAYLOR 6TH FLOOR, ADMINISTRATION BUILDING DEPUTY-FLOOD CONTROL DEPUTY-BUSINESS ANDDSERVICES MARTINEZ. CALIFORNIA 94333 R. O. A 255 GLACIER DRIVE S - MARK L. KERMIT TELEPHONE 229.7000 DEPUTY-ROADS Nover.ber° 19, 197 LD - Subdivision 4363 Honorable Board of Supervisors Adl-ninistration Building Martinez, CA 94553 Gentlemen: - There is submibred for your approval the map of Subdivision 4363 in Supervisorial District 2 in the Orinda area- Accompanying this map and bertaining thereto is the following document: - 1. Letter from Tax Collector' s Office statin; that there are no unpaid County Va-es on the property,. Thema-n is submitted for filing by Western 'T'itle & Guarantee Company under the provisions of the County Ordinance Code and all required deposits and fees have been raid. It is requested Ghat the board of Sunervisors authorize its Chairman x sign the Subdivision Ar-reement on behalf of the County. Very truly yours, Victor W. Sauer P ub1ic or1.cs Di c or B J . :r h a e t'o- Assist-an . Public ?:'o r tis Director Land Develox;ment jR11w/1 Enclosures jV 1tli .r ECEI V lD cc: Western Title & Gua-an "•se Co_r_na.ny Eei Pl nninSr Departtnen, Construction Division ;,i;,•• -:, W. T. PAAS—,H law CLERIC GOARD OF$1UPERVr,0M 1 I OONTRA COSTA ALFRED P.LOMELI EDWARD W. LEAL Assistant COUNTY TREASURER-TAX COLLECTOR County Triwasurar-Tax Colloctor PHONE 228-3000 E XT. :385 //+�/�i [�T�IA�X C`OLL�/E+�CT�/O�R�'As O/F'FICE F■�.�'� FIR-,;T INSDUETALLUrNT Of AND•ATA.L£TAR[S C �/�t ■ R /� ■ ■ �1"1 A ■ OUN i i /HIST IN Q`L yOYEN 0/ Tom[[• ON TM£ rISST DAT O► NOVEYsEA /jam j iMAYRaTINNCL MS LCALIFORNIA ON TM[ TE«T". Ds, o. D£c[Me[R SrrnNO INSTALLrENT OF TARES [[MONO INSTALLMfNf of TARES DUE AND MYASLEj'tovt's t.�iC:' ) 7 M_.NOufwf ON THE FIRST DAY OF F£eRYAny ON TM[ TENT- DAY OF AwNtL IF THIS TRACT IS NOT FILED BY FEBRUARY 28, 197,6 THIS LETTER IS VOID This win certify that I have examined the map Of the proposed subdivision entitled: MACT 1.10. 4363 and have determined from the Official tax records that there are no unpaid COUnty taxes heretofore levied on the property inch-sided in the map. The current 1973-7,: tax lien has been paid in fulls EWARD W. MAL Redemption Offs r. 1' BY: dz F I L D � /11 70 7 3 W. T. PAASCH CLM 90AV of "MISM CONTRA f ACO !VT"/ " IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA November 12 , 1975 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4367, Alamo Area. ) Deposit: $500 ) ) Auditor's Permit No. 107990 ) Dated May 14, 1973 ) Refund to: Mr. Henry Hoffman, ) 2920 Miranda Avenue, ) Alamo, California 94507 ) ) On May 21, 1974 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. PASSED by the Board on November 12, 1975. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 12th day of November 1975 cc: Public Works (2) CLERK Subdivider By 0Nq__, Deputy Clerk N. Ing ham l � In the Board of Supervisors of Contra Costa County, State of California Jsnu 3rd 14 1975 In the Matter of Authorizing Pacific Gas and Electric Company to Energize Street Lights In Subdivision 43.67, County Service Area L-45, Alamo Area. On motion of Supervisor J. P. Kenny, seconded by Super- visor A.. M. Lias, IT IS BY THE BOARD ORDERED that the Pacific Gas and Electric Company is AUTHORIZED to energize three ( 3) 7,500 lumen, mercury vapor street lights in Subdivision 4.367, Alamo area, on the west side of Likely Drive, one pole south of Roundhill Road, one vole south of Likely Court, and at the east end of Likely Court, two poles east of Likely Drive; and IT IS FURTHER ORDERED that said lights having been installed by the developer under previous agreements are now to be billed to County Service Area L-lis. The foregoing order was passed by the following vote: AYES: Supervisors J. P . Kenny, A. M. Dias, J. E. Moriarty, E. A. Linscheid, W. N. Boggess. NOES: None. ABSENT: None. I hereby certify thet the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. c c: P .G.& E. , Concord Witness my hand and the Seal of the Board of Supervisors Public Works Director Supery '' January , 1975 County Auditor-Contaffixed Auditor-Controller axed this 1:tih� dayof County Administrator T J. R. OLSSON, Clerk By '�(�G��t�G 1C1-tC ,r:✓ Deputy Clerk tIan-y S. Orteg_ H 2. 5/74 -12.500 V w t- Return to: Q ��-''7 A4GE7?4 Clerk of the Board 46197 Administration Bldg. , Room 103 CORDED AT REQUEST OF Martinez MAY 30 1974 MAY 3 01974 IN THE BOARD 0= SUPERVISORS 1 Ar oo0iaOCK , AL OF ooh► �ICONTRA COSTA COUNTY, STATE OF CALIFORNIA I & OISSON COUNTY "CORDER L HE'; �fL� In the Matter of Completion ) of improvements and declaring ) certain roads as _ County ) RESOLUTION NO. 74/449 roads , (Subdivision 4367,,1: Alamo Area. WHEREAS the Public Works Director having notified this Board that construction of improvements have been completed in Subdivision 4367, Alamo . area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case -of _. action under said Subdivision A-eement: Subdivision Date of Agreement 4367, Alamo area Play 22, 1973 (The Ohio Casualty Insurance Company - Bond No. 1-303-446) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 107990 dated May 14. 1973 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roach, having been heretofore dedicated- to public use by the filing of— map f map in the office of the County Recorder, be and the same are accepted and declared to be _ County road sof Contra Costa County: LIKELY DRIVE (32/52/0.11) LIKELY COURT (32/52/0.06) as shown and dedicated for public use on the map of Subdivision 4367 filed May 24 , 1973 in Book 157 of Maps at page 36, Official Records of Contra Costa County, Stag of California. PASSED AND ADOPTED this 21st day of May , 1974 , by the following vote of the Bc=_rd: AYES: - Supervisors J. P. Kenny, A. M. Dias, 4PI, W. N. Boggess, E. A. Linscheid, 19L> - CERTIFIED E. Moriarty. CERTIFIED COPY NOES: None. i c-rtify not ihi� i< n fuii, tete F correct copy o� th^ o:!^•':1''• dc".1ment - �( , is on file in my office. nn,i tlt^t cas -,i f� doPt°d by the Board Of ABSENT: `10;1e �, , . cf tc:ltrn Cn::t:t County. California. on _• , t`o �- • r!.nvm. ATTT'ST: 3. R. OLS-.O`. County cleric of said Board of supervisors, by Deputy Clerk. `�, cc: Recorder �� of)A�g7y Public Works Director Subdivider R ESOLUTIO�: 74/449 END OF DOCUMENT A IN THE BOARD OF SUPERVISORS OF ' CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the matter of Completion ) of improvements and declaring ) certain roads_ as _ County RESOLUTION NO. 74/449 roads , Subdivision 4367, ) Alamo Area. i WHEREAS the Public Works Director having notified this Board that construction of improvements have been completed in Subdivision 4367 , Alamo . area, as provided in the agree-me^tll heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOU/ED that the improvements in the following subdivision have been --ompleted for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 4367 , Alamo area May 22, 1973 (The Ohio Casualty Insurance Company - Bond No. 1-303-446) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 107990 dated t-lav 14. 1973 ) be RETAINED for one year pursuant to the requirements of Section $429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roach, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be _ County road sof Contra Costa County: LIKELY DRIVE (32/52/0.11) LIKELY COURT (32/52/0.06) as shown and dedicated for public use on the map of Subdivision 4367 filed May 24, 1973 in Book 157 of Maps at page 36, Official Records of Contra Costa County, Stag of California. PASSED AND ADOPTED this 21st day of May , 1974 by the following vote of the Bc z--rd: AYES: - Supervisors J. P. Kenny, A. M. Dias, W. N. Boggess, E. A. Linscheid, J. E. Moriarty. CERTIFIED COPY I certify that this is a full. true & correct copy or NOES: None. the or!rin.^.i do�ur;nnt we!t is on file In mY office. and ;`::;t it t; ra",;e.! . :eonitnd by the Board of of cwitra Co.t:f county. California, on ABSENT: None sli n:•n. ATTEST: 1, R. OI.SSON. County C'^71; r'"r+n Cicrk of Bald Board of Supervisors, by Depu:}• Clerk cc: Recorder on Ad Public Works Director Subdivider RESOLUTION ;•i . 74/449 In the Board of Supervisors of Contra Costa County, State of California May 14 . 19.7 . In the Matter of Exoneration of Surety Tax Bond for Tract Number 4367, Alamo Area. The Office of the County Tax Collector (Redemption Department) having advised that the county taxes for the fiscal year 1973-1974 on property included in Tract Number 4367, Alamo area, have been paid in full and that surety bond on said tract may now be exonerated; NOW, THEREFORE, on motion of Supervisor A. K. Dias, seconded by Supervisor J. P. Kenny, IT IS BY THE BOARD ORDERED that Surety Tax Bond Number 1 684 797-5 issued by The Ohio Casualty luxurance Company is hereby EXONERATED. The foregoing order was passed by the following vote: AYES: Supervisors J. P. Benny, A. K. Dias, W. N. Boggess, E. A. Linscheid, J. E. Noriarty. NOES: None. ABSENT: None. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Bonding Company Supervisors Tax Collector affixed this 14th day of May , 1974 Redemption Officer J.R.OLSSON, Clerk Byte .z = Deputy Clerk Arline Patten H 24 7/72-15M :(D The Ohio Casualty Group of Insurance Companies SAN FRANCISCO BRANCH OFFICE_ 350 Sansome Street. San Francisco, California 94104 Telephone: 415/392.6386 RONALD C. HART. Manager May 1, 1974 RECEIVED MAY 3 - 1974 J. R. 01-CMv CLERK SPARD O. SUKRVISORS RA COSTA t0. Board of Supervisors County of Contra Costa State of California Martinez,California Gentlemen: Re: Bond #1 684 797-5 - Henry Hoffman and Leona Hoffman On May 11, 1973 we issued this Tax bond in the amount of $99000.00 for these owners of a tract of land representing a certain subdivision of real estate - Tract 4367, guarante- eing payment of taxes and special assessments. We have been informed by our agent that this bond is no longer needed and we would appreciate your confirmation of this. Thank you. Very truly yours, THE OHIO CASUALTY INSURANCE COMPANY M.Ploense Bond Department mp The Ohio Casualty insurance Company • West American Insurance Company • American Fire 8 Casualty Company The Ohio Life Insurance Company- Ohio Security Insurance Company . Ocasco Budget. Inc IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 4367, Alamo Arra. j RESOLUTION NO.73/356 WHEREAS a map entitled Tract4367 property located in the Alamo area , having been presented to this Board for approve , said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1972-1973 tax lien has been paid in lull, and the 1973-1974 tax lien, wMah became a lien on the first day or March, 1973, is estimated to be $90000; Letter from the Public !forks Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 8, of the County Ordinance Code; Surety bonds issued by The Ohio Casualty Insurance Company with Sema► and Leona Norrman as principals as rollare s Bond Do. 1-303-446 in the amount of =35,800 ror faithful torromanaes and $36000 ror Labor and Materials; Tax Sond No. 1 684 797-5 leaned by The Ohio Casualt Insurance Company in the amount or $99000 euareutee_MM payment of estimated 1973-1974 tax: Cash deposit (Auditor's Deposit !exult 1o. 107"0 dated May los 1973) in the amount or #500; Subdivision agreement between gena and Loons Rerftan subdivider and the County of Contra Costa, wherein sa suuaiv- ider agrees to complete road and street improvements, etc. , in said subdivision within 1 year from the date of said agreement; RESOLUTION NO. 73/356 Form #23; 70-4-500 1-TOW, THEREFORE, BE IT a�S OJ1 -JD that said bonds and deoosi and the amount s thereof be and the same are h. reb;- PPROtr , BE IT j"TRT.jam -?7 SnLVr,;D that said subdivision agreement be ar_d the sai^:a is APPROVED and the Chairman of this Bo ars? is authorized to execute said agreemnent. CS IT F'UR•TH-3R R ESOLt%ED that said is-iap be and the sante is hereby I'PROUED and this Board does not accept or reject on behalf a2' tYIE public any of the stree—,s, roads, a:;er_ues or easements sho:•tr_ thereon_ as dedicatad to the ou;;f ic. PASSED -IiND ADOPTED this 22nd day of 19- 73- by 9 7?by the fol?owing vote of the Board : S : Super-r?cors j. P. Kenny, ?•i. N. 3oggess, 3. A. Linschsid, A. •I. Dias. NOES: none_ ABSENT: Super*ri so.r J. E 1,11ori artly. _'moi l iC Wo--"s Dares mor :nI^i nc- Di:'--ctor >u r3:a3 der R. & L. 17'offnan RESOLUTION 110., 73/35 2920 -Miranda 3-anue Alamo, Ca_, or d... 0,4507 70-4-500 CERTIFIED COPY I certify that this is a full, true °& correct copy of the original document t::ictj ns on file in my office, and that it WaS J;U-3�d Ly the l;oard of aaperv:ao+•s of Contra Cz). a Couuty, C;i:ifomJ. on t.le flute shOVIA. ATT i:;T: W. 'r. 111111SM county ..lurk&cx-officio clerk of said Board of Supervisors. oy deputy clerk. S118D C T.RTm Af:RF F�:IF.;�T (fi7 1 -Q»�t3i tri ci nn• 4367" Ni. & 2'. . bode §§1'16!Z-Z2) (§1) Subdivider:Hoffman, Henry & Leona - -- 1 Effective Date: May 22 ,-1973 (Contra Costa County (§1) Completion Period: I year Standard Form; 8-67) (§4) Deposits : A. (cash) 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ 35,800.00 2. (labor,materials)Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above- named Subdivider, mutually promise and agree as follows concerning- this subdivision: 2. improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants , and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future arend.^ents, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision :'ap Act (Business & Professions Code §§11500 and fol-low:ir_g) , in a good worlmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and :a s be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs. Code §116129 deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . : . . . . . B. Bonds, etc. : (Z - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defee tive wor'•:nanship or materials or any unsatisfactory performance ; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing paymient to the contractor, to his subcontractors, and to persons renting cauipment or furnishing labor or materials to them or to the Subdivider. 5. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this :•:ork as promised in Section 2 ; and if, at any time before the County's resolution of :ompletion for the subdivision, the improvement plan proms to be inad-quate in any respect, Subdivi- der shall make changes necessary to accomplish the wort: as promised. - -1- • r • - - uy 'p• ZTV ATZ"L'VLZ' TJu LV'C[TL"LU• -�•wrr��.viVti Vl liliG '17Vt•!L 'QSSU/V1' -11S.�Lt+CY.LQ1.7� or a�t1T'_t?? of. ^`'r µrfi fir rn atro»ialS incontci7 n» ci-of-or"=_+' 'k— .2-T/ officer, agent or emp'c-.ee of the County indicating the work or any part thereof co:-plies with the requirements of this agreement, or acceptance of the whole or any part of said Mork and/or materials, or payments therefor, cr any combination or all of these acts, shall not relieve the Subdivider of his obligation_ to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for dan- ages arising from the failure to comply with any of the terms and conditions hereof. 7• Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The irdennitees benefited and protected by this promise are the Ccun-ty, and its special districts, elective and appointive boards, co-missions, o_"ficers, 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 t•:as unforeseeable at any tire before the County approved the i �provement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causing liabili tv are any act or omission. (negli- cent or non-ne_ligent) in connection with the matters covered by this ag^ ement and attributable to the Subdivider, contractor, subcontrac- tor, or an,, officer, agent or employee of one or more o� them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Inde_-mnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this :work or subdivision, or has insurance or other in- demnification covering any of these matters. 8. APPLICATION OF E VIROKMEtiTAL IMPACT REQUIREME:vTS. By approving and executing this Agreement, Contra Costa County does not certify that the subject Subdivision is in compliance with the recent decision of the California Supreme Court in the case of "Friends of Mammoth vs. County of Mono". By executing this agreement, Sub- divider agrees to save- and hold harmless the County from any and all legal action that nay be brought because of the aforementioned decision and agrees to defend any such action brought against the County. Subdivider further recognizes that he may be required, during the tenure of this a agreement, to comply with all rules and regulations which may be promulgated to implement the aforementioned decision. 9. COSTS. Subdivider shall pay when due all the costs of the work, including in- spections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the riled map and to the satisfaction of the County Road Commissioner-Surveyor. 11. �'O\PERFO!ZMNCE MI'D COSTS. If Subdivider fails to complete the work and improve- r..ents udthin the time specified in this agreement _or extensions granted, County may proceed to complete then by contract or othen,ise, and Subdivider shall pay the costs and charges therefor ir-mediately upon demand. If County sues to compel per- formance of this agreement or recover the cost of completing the improvements, Sub- divider shall pay all reasonable attorneys' fees, costs of suit, and all other ex- penses of litigation incurred by County in connection therewith. 12. ASSIGNMIENT. If before County accepts these improvements, the subdivision is annexed to city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. -2- - C 13. RECORD :LIP. In consideration hereof, County shall allow Subdivider to file and record said subdivision nap, COU14TY CONTR SUBDIVIDERs (sea note or) By Cha'r«an 8 ' Supsrvisor He Hoffman. Leona fft By ti ATTEST: W. T. PAASCH, County Clark (Designate official capacity in the & ex officio Clerk of the Board business) BLbtb to Subdividor: (1) Execute Deputy acknowledgment form below; and (2) if a corporation, attach a certified copy of (a) the bylaws FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board County Counsel of Directors, authorizing execution of this contract and of the bonds required By hereby. Deputy r w r r r r • • r r r r r r r r r • r • • • • • r r • • • s • • • • • • • • • • • • • • • State of California ) ss. (Acknowledgment by Corporation; County of Contra Costa ) Partnership or Individual) On May 11, 1973 , the person(s) whose name(s) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, end acknowledged to me that he executed it and that the corporation or partnership named above executed it. wMwwwNwwNM�OFF[�C SEAL JULIE J. FREITAS NOTARY PUBLIC-CALIFORNIA COUNTY OF CONTRA COSTA rF CoTml I En,lm F.btnM 12-1277 Ju l i e J. Freitas MMM�N Ub tary Public for said County and State (Subdiv. Agrmt. CCC Std. Form) (HP-9; Rev. 9-69; 200) -3- BOND NO. 1-303-W SECURTT�Y_ BOND (Faithful FBrformance :*1D Labor a Materials) (Cal-'f. nus. & Prof. Code yZZ612; Contra Costa County Standard Form) 1. OHLIGe",T_ (Pr ircLpa7) HENRY AND LEONA HOFFlrMN as Principal, and IS u r e*z;;,•i THE OHIO CASUALTY INSURANCE MAW a corporation organized and existing under the la'::S of the State of OHIO and authorized to transact surety business in California, as Surety, hereoy jointly and severally bind ourselves, our heirs, executors , administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A -- Faithful Perform. _ince, tic !V.a_ii�enance) THIRTY-FIVE THOUSAND EIGHT HUNDRED AND NO1100- - - - - Dollars ($359800.00 � for itself or any City-assignee under the below-cited subdivision contract, olus (B - Labor & Materials) THIRTY-SIX THOUSAND THREE HUNDRED AND NO1100 - - - - - - - Dollars ($ 36000,00 } for the benefit of persons protected under Cal. Bus. &Pro f.Code 311612» 2. ?EC Y%4 LS. The Principal contracted with the County a Irl !IBM W9W to install and pay for street., drainage, and other improvements in Subdivi- sion No. 4367 as per map now being filed with the County's Recorder, and to complete said work within ,UE YE" from said date, all in accordance with State and local lags, rulings thereunder and the subdivision contract. ' i 3. C0177DITION. if the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improvement plan and imn"ovements agreed on by him and the County, then this obligation as to Section 1-(A) above sha?l become null and void, except that the guar- antee of maintenance continues for the one-year period; and if he fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them .for said work and improvement, and protects the premises from claims of such liens, then this obligation as to Section I-(B) above shah become null and void; otherwise this obligation remains in full force and effect. ' I i No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from lia- bility on this bond; and consent fs hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the nrov;sions of Calif. Civ-1 -1 Code §2819, and 'holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the ,judgment. SIGNED AND SEALED on M&Y 109 1973 PRINCIPAL SURE.L i HENRY AND LEONA HOFFMAN THE OHIO SUALTY INSURANCE COMPANY t s State of California ) ss County of Contra Costa } (ACa,70,1LEDG-,EdT B:: SURETY) On r.Tav the persons) ::hose name(s) is/are signed above f o- Surety anrd :•: 10 is .::v::'fl to me to be the Attorney(s)-in-Fact for this ^LG2 )J2ate Si_ t y, personally appeared JcfOre ;e 2- d acknowledged t0 Te that s .En ed the name of the Corpo :tion as Surety and his/their own narme(S) _ _iA �^ Nancv G. :x: 1ev Notary Public for said County and State (Imp. Scc. 73ord, CCC. Std.Forw) (HP-Z5;Rev. 8-67; 200) PUBLIC WORKS DEPARTMENT VICTOR $AUER CONTRA COSTA COUNTY DEPUTY PUBLIC WORKS DIRECTORS PUBLIC WORKS DIRECTOR . F. R.BROWN 6TH FLOOR, ADMINISTRATION BUILDING R. D. BROATCH CHIEF DEPUTY PUBLIC WORKS DIRECTOR MARTINEZ, CALIFORNIA 94553 VERNON L. CLINE TELEPHONE 228.3000 R.M. RYGH (RM. 115 COURT HOUSE) May 22, 1973 HP - Subdivision 4362 Honorable Board of Supervisors Administration Building Martinez, CA Gentlemen: There is submitted for your approval the map of Subdivision 4367 in Super- visorial District V in the Alamo area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one-year time limit for com- pletion is May 22, 1974. 2. Performance Bond, in the amount of $35,800. This Bond, together with a $500 cash deposit (Auditor's Receipt No, 107990, dated May 14, 1973, is to guarantee completion of road and street improvements as required by the the County Ordinance Code. 3. Labor and Materials Bond, in the amount of $36,300. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1973-74 tax, which became a lien on the first Monday of March, 1973 is estimated to be $9,000. S. Tax Bond, in the amount of $9,000, guaranteeing payment of estimated tax. The map is submitted for filing by Henry and Leona Hoffman under the pro- visions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. R�`C IVED Very truly yours, 3�1:I A f VICTOR iP SAUER Public i4or s Director l W. T. PAASCN / + CLERK BOARD OF SUPERVISORS ! CO"T F CO—c-A CO. y By oaaucr aul E. Kilkenny Assistant Public Works Di 94 A;®r CPB:fa Highway Planning cc: Henry and Leona Hoffman Planning Department Construction Division EDWARD W. LEAL ALFRED P.LONELI COUNTY TREASURER-TAX COLLECTOR Assistant County Treasurer-Tax Collector PHONE 228-3000 EXT. '185 TAX COLLECTOR'S OFFICE FIRST INSTALLUFNT P YAeLET,TAXES DUECONTRA COSTA COUNTY IIwf7 INSTILLMENT 01 Taste ON TME r1w77 D•♦ Or NOVtNeEw DELINQUENT - ' MARTINEZ. CALIFORNIA ON THE TENT. o^Y or orcowns SECpNO INSTALLrENT OF TAXIS DUF. ANO►ATASLE e[CONO INST.LLrr.T OF rants ril 10 An °"' ON i.[ FIRST O.T OF F[.eUlII1T L" 1 1973 ON T.[TENT. DAY p.Y OF •MIL IF THIS TRACT IS NOT FILED BY OCTOBER 31, lW3s THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: TPACT NO. 4367 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1972-73 tax lien has been paid in fulle Our estimate of the = tax liens which became a lien on the first day of March., 1973 is $ 9,0_ FDdARD We LEAL Redemption Offi7/ , } By: F I LED dl S- 3 :)-73 W. T. PAASCH CLERK BOARD OF SUPERVISM N 17 RA COSTA COUNTY By -C Depwy AFFIDAVIT OF ATTORNEY-IN-FACT FOR SURETY STATE OF ................................... SS. COUNTY OF ...Fanc•f.seo. ..................... On this....13-th...day of....................'Ing...................................................... before me personally appeared.............. ........................................ .. Attosoey-itt-faek of The Ohio Casualty Insurance Company. with whom I am personally acquainted. who beim by me duly sworn. did depose and say. that he resides in.........San„R$bion...........................;that he is the Attorney-in-fact of The Ohio Casualty Insurance Company, the corporation named in and which execut- ed the within instrument; that he knows the corporate seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that he signed and executed the said instrument as Attorney-in-fact of said cor- poration by like order. My Commission .................. ........ ........... Form S-170 Hotarr P..ublk c E; Casualty Insurance Company LE y '7j'h DwwaTON, OMO BOND NO. 1 68 9 4 7 75 ?Bz-1IU14:$135,00 W. T. PAASCH TAX BOND CLERK 8000 CF SUPERYISMS j CQTRA�1C,OSTA COtJ Tr _t {i.,'`'7 .Y�_ meaty 1 dy ' : KNOW ALL MEN BY THESE PRESENTS: That we, HENRY HOF-w-W AND LEONA HOFFMAN as Principals, and THE OHIO CASUALTY INSURANCE C014PANY as Surety, are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of NINE THOUSAND AND YO/100($9,000.00) DOLIARS for the payment of which sum will and truly to be made, we bind ourselves, our heirs, our executors and assigns, jointly and severally, by these presents : THE CONDITION of the above obligation is such that whereas, HENRY HOMTAN AND LEONA HOFYMAN , the Owner(s) of a tract of land representing a certain subdivision of real estate, to-wit: TRACT W6 intend to file a map thereof with the Recorder of the County of Contra Costa and WHEREAS, the provisions of the State Iaw requires that this bond be filed with the Board of Supervisors of said County. NOW THEREFORE, if the said Principals shall pay, or cause to be paid, when due, all taxes and special assessments collected like taxes which at the fime of filing said Map, are a lien against such subdivi- sion, or any part thereof, but not yet payable (for the tax year: 1973- 1974), then this obligation shall cease and be void, otherwise shall re- main in full force and effect. IN 1rlITNESS WHEREOF, said Principal and said Surety have hereunto set their hand and seal this llt, thh + day of MAY 1973. HENRY HOFAL N AND LEONA HOFF14AN THE OHIO CASUALTY INSURANCE COMPANY r nc pa Surety YieLR—ert D. Mvidge, A torney a et. By -7' by ,l f� i' 4 CERTIFIED COPY OF POWER OF ATTORNEY THE OSLO CASUALTY INSUFtANCE COMPANY HOME OFFICE, HAMILTON, WHO No. 9116 ]Kt1QW AU Mtn bg 94ta f rrortd&- That THE OHIO CASUALTY INSURANCE COMPANY, in pursuance of authority granted by Article VI, Section 7 of the By-Laws of said Company, does hereby nominate, constitute and appoint: Herbert D. Elvidge -------------------------------- of San Francisco, California its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed Any and all bonds, recognizances, stipulations or undertakings excluding, however, any bonds or undertakings guaranteeing payment of loans, notes or the interest thereon. -------- _-_-_-____�________ And the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon mid Company, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in Hamilton. Ohio, in their own proper persons. '��\�l ir;r44 In WITNESS WHEREOF, the undersigned. Vice-President of the mid The Ohio Casualty y 1, Insurance Company has hereunto subscribed his name and affixed the Corporate Seal of the SEAL I- said The Ohio Casualty Insurance Company this 15th day of July 19 66 t .s (Signed) `;; o �b►R W. W. Ber er .........................................g................................................. Vice-President STATE OF OHIO, COUNTY OF BUTLER } ' On this 15th day of July A. D. 19 66 before the subscriber, a Notary Public of the State of Ohio, in and for the County of Butler, duly commissioned and qualified, came W. W. Berger . Vice-President of THE OHIO CASUALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in. and who executed the preceding instrument, and he acknow- ledged the execution of the same, and being by me duly sworn deposeth and saith, that he is the officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company,and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. ` ana 1N TESTIMONY WHEREOF, 1 have hereunto set my hand and affixed my Official do`,e St,, Seal at the City of Hamilton.State of Ohio. the day and year first above written. _* (Signed) Thomas W. Hildebrand �� Notary P b is in........... .. .......... .... , u I and for County of Butler. State of Ohio My Commission expires February 2� •1�7C............. This power of attorney in granted under and by authority of Article VI,Section 7 of the By-Laws of the Company.adopted by its directors on April 2. 1954, extracts from which read: "ARTICLE VI "Section 7. Appointment of Attorney-in-Fact, etc. The chairman of the board, the president, any vice-president, the secretary or any assistant secretary shall be and is hereby vested with full power and authority to appoint attorneys-in-fact for the purpose of signing the name of the Company as surety to, and to execute, attach the corporate seal, acknowledge and deliver any and all bonds, recognizance•, stipulations, undertakings or other instruments of suretyship and policies of insurance to be given in favor of any individual, firm, corporation, or the official representative thereof, or to any county or state, or any official board or boards of county or state, or the United States of America, or to any other political sub- division." This instrument is signed and sealed by facsimile as authorized by the following Resolution adopted by the directors of the Company on May 27, 1970: "RESOLVED that the signature of any officer of the Company authorized by Article VI Section 7 of the by-laws to appoint attorneys in fact, the signature of the Secretary or any Assistant Secretary certifying to the correctness of any copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued on behalf of the Company. Such signatures and seal are hereby adopted by the Company as original signatures and seal. to be valid and binding upon the Company with the same force and effect as though manually affixed." CERTIFICATE 1, the undersigned Assistant Secretary of The Ohio Casualty Insurance Company. do hereby certify that the foregoing power of attorney, Article VI Section 7 of the by-laws of the Company and the above Resolution of its Board of Directors are true and correct copies and are in full force and effect on this date. IN WITNESS WHEREOF, f have hereunto set my hand and the seal of the Company thi,s1itbday of May A. D., 19 73 SEAL r+,s as111tV Assistant Secretary 5-4295-C • i 3�oK71Q� �� •3�% Recaraed at Use �u�of: 3113622 CONTRA COSTA COUNTY Return to: PROD. PlAi+1. E SPEC. PRO). RECORDED AT REQUEST Of PUBLIC WOW DEPT. DEC -,, 1973 RECORDS AT ', O'CiOCK X97 A- IN THE BOARD OF SUPERVISORS COWU °°bra COUNM OF I R. OLM CONTRA COSTA COUNTY, STATE OF CALIFORNIA COUNTY OFF In the Matter of Authorizing ) Acceptance of Instruments for ) Road Purposes. ) November 13, 1973 On motion of Supervisor E. A. Linscheid, seconded by Super- . visor J. P. Kenny, IT IS BY THE BOARD ORDERED that the following instruments are ACCEPTED for road purposes: Instrument Date Grantor Reference Grant Dead July 30, 1973 Landpac Enterprises Sub. 4243 Grant Deed August 17, 1973 Ditz-Crane Sub. 4406 Grant Deed July 27, 1973 Raymond A. Sub- 4438 Feichtmeir Grant Deed May 31, 1973 Sasha Maloff ,, Sub. 4386 Grant Deed August 7, 1973 Cal-West Communis Sub. 4269 ties, Inc. Grant of Develop- August 17, 1973 The Rahlves Sub. 4504 ment Rights Organization (The above instruments are for future development rights. ) Grant Deed October 1, 1973 Rasmus L. Jensen M.S. 126-?3 Grant Deed September 28, Lawrence Okun M.S. 164-72 1973 et al. Relinquishment of September 28, Lawrence Okun M.S. 164-72 Abutters Rights 1973 et al. The foregoing order was passed by the following vote of the Board: - AYES:' Supervisors J. P. Kenny, J. E. Moriarty, E. A. Linscheid, A. M. Dias. NOES: None. _ T ABSENT: Supervisor W. N. Boggess. CERTIFIED'COPY cc: Public Works f that tLis� _ spy of Administrator ewt �. trae�i eorrect the original document which is on file in my office. and that it was gamed g adopted by the Board of Supervisors of Contra Costa County. California, on the date shown. ATTEST: W. T. PAASCH, county r clerk A ex-officio clerk of said Berard of Supwvi3or; by deputy clerk. f A# �l-� w L Gy�1 �1C urlj •3 3 1 7104 [P GRANT DEED / '_" "4 FOR VALUABLE CONSIDERATION, SASHA MALOFF, an unmarried man, DBA�CONTINENTAL DEVELOPMENT COMPANY, hereby grants to the rCOUNTY OF CONTRA COSTA, a Political Subdivision of the State of California, Grantee, and its governmental successor or success- ors, the future "development rights", as defined herein below, in that real property known as Ascot Court, situated in the County of Contra Costa, State of California, and more particu- larly described as follows: PARCEL A, SUBDIVISION 4386, filed in the Office of the Recorder of the County of Contra Costa, State of California, on the 3o day of Aub 1973, in Book I iD L of Maps at page 44 . "Development rights are defined to mean and refer to the right to approve or disapprove of any proposed construction, development or improvement other than patios, walkways, picnic areas, play areas, drive and parking areas, reasonable and necessary lighting standards, courtyard areas, such other facili- ties as may be deemed desirable exclusively for the recreation and leisure of the residents of Ascot Court, and any and all planning, design and landscaping incident thereto. The "develop- ment rights" are, and shall be a form of negative easement over all of said property, which shall run with the said property and shall bind the current owner and any future owner or owners of all or any portion of said property. In the event of a dis- approval of proposed construction by the Grantee or its suc- cessor, said proposed construction shall not be performed. Grantee or its successor may condition its approval of any pro- posed construction upon the prior or subsequent performance of such conditions as Grantee may deem appropriate. STATE OF CAL IORNU COUNTY Og Contra Costa �' Ott �3ily 3.1a� 1923 lance ate, tb aaieivd, a Nwy PAW is and fw aii Suite, gmmw Sasha Malnff Iwewa tr taa to be the Ieeeea ethos atase----iA_n4kgrg" to the rridtin imm and aetianriei/ed thtu je eseaued the re. LV 1955 rMt DWbb Md.Wtemp Coo*,G.%596 now (IWW t P w.tw -General 'T 399 Any owner or owners of all or any portion of said property desiring to develop any improvement requiring the approval of Grantee or its successor herein shall submit to such entity a written proposal describing the nature, extent and location of such improvement. Grantee or its successor shall have thirty (30) days from receipt of such proposal in which to grant its approval or disapproval. Failure by Grantee or its successor to respond within said time period shall be equivalent to the approval of such proposal. DATED this 31st day of May, 1973 SASHA MALOFF, an unmarried man, DBA CONTINENTAL DEVELOPMENT COMPANY SASHA MALOFF END OF DOCUMENT A In the Board of Supervisors of Contra Costa County, State of California December 18 , 1973 In the Matter of Completion of Private Improve— ments in Subdivision 4386, Rheem Valley Area. The County Building Inspector having notified this Board of the completion of private improvements in Subdivision 43869 Rheem Valley area, as provided in the agreement with Sasha Maloff, 1531 Mt. Diablo Boulevard, Walnut Creek, California, approved by this Board on August 27, 1973 ; NOW, THEREFORE, on motion of Supervisor E. A. Linscheid, seconded by Supervisor W. N. Boggess, IT IS BY THE BOARD ORDERED that the private improvements in said subdivision are hereby ACCEPTED AS COMPLETED. IT IS FURTHER ORDERED that the surety bond in the amount of $3,400 (No. 305078) issued by Summit Insurance Company of New York guaranteeing faithful performance, be and the same is hereby exonerated. The foregoing order was passed by the following vote: AYES: Supervisors J. P. Kenny, W. N. Boggess, E. A. Linscheid, A. M. Dias. NOES: None. ABSENT: Supervisor J. E. Moriarty. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the dote aforesaid. cc: Applicant/Owner Witness my hand and the Seal of the Board of Building Inspection Supervisors Grading Engineer affixed this 18th day of December , 19 22 JAMES R. OLSSON, County Clerl By f Deputy Clerk Dorothy zz ni H 24 5/73-15M CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT Inter - Office Memo TO: Board of Supervisors DATE: D$CROM 7, 1973 FROM: R. J. graintz, County Building Inspec r By: James A. Seamus, Grading Engineer SUBJECT: WMIVISION 4386. AGRS®[M POR IP IOP OP P8I9 0WHIMS. Area: Rheem Valley Omer/Applicant: Sasha Naloff, 1531 Ht. Diablo Blvd., Walnut Creek, CA. The private improvements required to be constructed under the above Subdivision Agreeaent, executed by the Board of Supervisors on August 14, 1973, have been satisfactorily completed. It is recommended that the improvements be accepted as complete and the surety bond ($3,400.00 — Bond No. 305078 — Suauit Insurance Company of New York) submitted as faithful performance of the Agreement be exonerated. LECEIt� D � DECOF SUMVMM 7 $973 JAS:ads WAV ouao�r In the Board of Supervisors of Contra Costa County, State of California August 27 19 73 M the Matter of Approval of Agreement for Private Improvements in Subdivision 4386, Rheem Valley Area. WHEREAS an agreement with Sasha Maloff, 1531 Mt. Diablo Boulevard, Walnut Creek, California for the installation and completion of private improvements in Subdivision 4386 "Ascot Court", Rheem Valley area, has been presented to this Board; and WHEREAS said agreement is accompanied by Performance Bond (No. 305078) issued by Summit Insurance Company of New York in the amount of $3,400 as security for the full amount of the costs for completion of the improvements required by the Board of Adjustment in approval of said subdivision; NOW, THEREFORE, on the recommendation of the County Building Inspector, and on motion of Supervisor J. P. Kenny, seconded by Supervisor W. N. Boggess, IT IS BY THE BOARD ORDERED that said agreement and the accompanying surety bond are hereby APPROVED; IT IS FURTHER ORDERED that Supervisor Alfred M. Dias, Chairman of this Board, is AUTHORIZED to execute the agreement on behalf of the county. The foregoing order was passed by the following vote: AYES: Supervisors J. P. Kenny, W. N. Boggess, E. A. Linscheid, A. M. Dias. NOES: None. ABSENT: Supervisor J. E. Moriarty. I hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Owner/Applicant Witness my hand and the Seal of the Board of Building Inspector Supervisors Grading Engineer affixed this 27th day of August , 19 73 W. T. PAASCH, Clerk By /lG� Deputy Clerk Nanci Ing aham H 24 5/73-15M A CONTRA COSTA COUNTY BUILDING INSPECTION DEPARTMENT Inter - Office Memo TO: Board of Supervisors DATE: August 14, 1973 FROM: R. J. Kraintz, County Building Insper By: James A. Searfus, Grading Engineer-'--- Zt SUBJECT; SUBDIVISION 4386. AGREEKST FOR INS IOF OF IMOVJ TS. Area: Rheem Valley Owner/Applicant: Sasha Yaloff, 1531 Nt. Diablo Blvd., Walnut Creek, Ca. Attached is the Subdivision Agreement which has been secured by a Surety Bond (=3,400.00 - Bond No. 305078 - Sumwit Insurance Company of Now York) for the full amount of the costs for completion of the improvements required by the Board of Adjustment in approval of the above subdivision. The agreement form has been approved by the County Counsel's Office and the estimates have been approved by this office. It is recommended the agreement be approved and executed. 4 E ETVED Af3P7 2x1973 W. T. PAASCH CLERIC COARD OF SUPERVISORS COQ' RA COSTA CO. Cy __._ _ Deputy JAS:ads attachments tNt3 _St;iIDI'1ISI^'! -i�P.£Ef�7E;R (ri.) Subdivision: 4386 "Ascot Court" (F-1 ) Subdivider: Sasha Maa of (0. « P. Code E513611-12) (91) Effective D�11-5: August 7, 1973 MUU11V 'lm�l vvo...w.o.+ f"1 N ';^^ Vnri n.'1- One Year (54) Dcocsits: A. (cash) 5511101.(Highway Planning, (Contra Costa County B. (bonds, ctc. ) Standard For<<p; 8-67r) 1. (faithful parf. & maintenanco) 3,400.00 2. (labor, materials) • 3,400.00 1. PARTIES AND DATE. Effective on the above dare, the County of Contra Costa, California, hereinafter called "Cotinf .�" and the above-permed Subdivider, mutually promise and agree as follows concerning this minor subdivision: 2. 110.PR0VEMEN''T5. Subdividar shall construct, install and complete read end street im- provements, tract drainz::::, street ::ions, firs hydrants, and all improvements as required by the County Grdinancti Code, especially Division 4 of Title 8 (Sections 0400 and following) and including fU,L;ro acsnC ents, and all i.mprova:::crnts required in the approved parcel :crap improvement plan Of this ^diner subdivision on file in the County's Public Works Department. Subdivider shall coip_jete this work and improvements (hereinafter called "work"), within the above cc .cl^ticn period from date hereof as required by County Ordinance Code Sections 0490 end follovirn_, in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Coda and rulings made thereunder; and where there is a conflict between the improvement plan and the County Ordinance Code, the stricter requirements shall govarn. 3. IMPROVEMEK Sr_CLIP ITY: DEPOSIT AND BPNDS. Upon executing this Agreement, Subd vidar shall, pursudn'L to County Orr'inanca Corte Section 8494.10, doposit as security with tha County: B. Bondn, e' c.: (1 -- F"31Wh{'ltl Performance) additional security for at least the abovo-specified_ 3mo:tnt, which is t:Ie total estimated cost of the cork less $500, in the fore of a cash c';.pos-t, a ccrtifin-) or cashier's check, or an accootable corporate surety bond, qucrantceing his faithful paiformancs of this arrueniort; plus (2 •- Labor and f•;aterials) mother such additional oecurity in at least the ebova--specified amount, which is tho full araourt of said esti-:ated :os t, securing payment to the contractor, to his subcontractors, and to e`arsons rerit_ny equipnorit or furnishing labor or Materials to thum or to the Sucdividcr. 4. WARR,1FrY. Subdivid3r warrants that said parcel neap improvement plan is adequate to accomplish 'Lh5r, r;ork prcmiised in 33ction 2; and if, at any tioa before the County':: resolu=tion of co^plt-tion for tt.t• minor subdivision, the parcel crap improt:carom plan proves to b3 ir,::;'-�qu�.te in any rosp_.t, Subdivider shall m--ke changes necessary to acco=mplish the t---ort: z s prcmi-scud. 5. NO WAIVER B:' rnj,,°:Ty. Inspect-zon of t.i.3 work r-nd/or materials, or npprcval of work and/or ntaterir.l: or statcrient b. any officer, agent or omployee of tho County i ndicati r;t; th rl or tiny part thor•:if complies with the requirements of this agreenunt, or a:coptcnc% OF the whole or any Dart of said c.-ort: and/or r:interials, or payments thorefor, or an; comabination or all % f these acts, shall not relieve the Subdivider of h'.s obliq«t.i-on to fulfill this :•ntroct as prep-cribad; nor stall the County be theroby ontopr,eti from bringing any Guinn fcr &m.-ogus arising from the failure to comply with cn1 ni, thu terms and conditions . ernof. - 1 - 6. INDEMNITY. Subdivider sliall hold harmless and indemnify the indemnitees from the 1i alii l i.ti es as defined in this section: A. The inder1ruitees benefited and protected by this promise are the County, and its special districts, 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 comdemnation, or any; combination of these, and regardless of ullether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and including the defense of any suit(s), action(s) or other proceeding(s) concerning these; C. The actions causing liability are any act or omission (negligent or non- negligent) . iii connection with the natters covered by this agreement and attribu- table to the Subdivider, contractor, subcontractor, or any officer, agent or em- ployee of one or more of them; D. Non-Conditions: The promise and agreement in this section is not conditioned or dependent on �;i:etIier or not any Indemnitee has prepared, supplied, or approved any plan(s) or specification(s) in connection with this work or subdivision, or has insurance or other indemnification covering any of these matters. 7. APPLICATION 01" ENVIRONMENTALIMPACT REQUIRE. ?;TS. By approving and executing this Agreement, Contra Costa County does not certify that the subject Minor Subdivision is ill compliance with the recent decision of the California Supreme Court in the case of "Friends of M=oth vs. County of Mono". By executing this agreement, Subdivider agrees to save and hold harmless County from any and all legal action that ray be brought because of the aforementioned decision and agrees to defend any such action brought against the County. Subdivider further recognizes that he may be required, during the tenure of this agreement, to comply with all rules and regulations which may be promulgated to implement the aforementioned decision. S. COSTS. Subdivider shall pay when due all the costs of the work, including inspection thereof and relocating existing utilities required thereby. 9. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed parcel map and to the satisfaction of the County Road Commissioner- Surveyor. 10. NONPERF01:'1!_NCE AND COSTS. If Subdivider fails to complete the work and improvements within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or othe mise, and Subdivider shall pay the costs and charges therefor immediately upon demand. If County sues to compel performi,! ice of this agreement or recover the cost of: completing the improv.ments, Subdivider shall pay all reasonable attorneys' fees, costs of suit, and all other expcnscc of litigation incurred by County in connection therewith. 11. ASSIGNAP,E`:T. if before County accepts these improvements, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement an(Vor any deposit or bond securing them. 12. RECORD ,•til'. In consideration hereof, County shall allow Subdivider to file and record said p:=reel map. 2 - STATE OF CALIFORNIA COUNTY OF Contra Costa SS. On _ Aucrust. 7, 1973 before me. the undersigned, a Notary Public in and for said State. personally appeared Sasha Maloff known to me to he the person whose name is subscribed to the within instrument and acknowledged that he esatrzaunursssssarssusrusssanssansosaianu,� OFFICIAL SEAL. executed the same. wy. VIOLA M. OLSEIV WITNESS m d ` o>)Ycial 1. R'l^ NOTAPY PUB'.IC-C4L!FORNIA CCL':7TY OF CO%T,1A COSTA i/ 1 ` '� S7/C:�nUs:an frpNq DtctrtSir 23,7475 Signature_ •� natt5urarruntiss>ratu:tttnarau+utsru«r••:rase s Viola M. Olsen Name (Typed or Printed) at -General 4W tY i J , CO UN' OF DNTP SUBDTVIDERt (soe note below) C irm , of Super ' ors Sasha Maloff Owner ATTESTt 1+1. T. PAASCH, County Clerk. Dosigrmto official capacity in thn & tax officio Clark of the Board businoss) By Note to Eubdivider: (1) Execute Dsputy acknouledg,aant: form below; und (2) If a corporations attach a ccrtii°i_cd copy of (a) the byln,s or (b) th3 resolution o'r FORM APPROVED.' JOHN B. CLAUSEN the Board of Directors, authorizing exacutio;, County Counsel of this contract and of the bonds required hereby. By Deputy � C i} # it fi• � # # # '� {p it # ii i• # fir Si• iF 1F # # it # # # ! # i� i'i �i # # ti St �F 1} # * fL {F 1F 4 '# :, State of California ) es. (Acicn;:u;lo;'gman - by Corp:--ration, Count), 04' ) Partnorship or Individual) On , the pornon(_) uhoso ns:ia(c) is/are sfgnad abnvo for Subdividor end ::ho is known to mm to be the isidividual and officar or pnrtnor us statod abovo v;ho signed this instrument, and rckno-Acdnod to mg that ho oxccutcd it and that the corporation or partner:9hip nsmed above executed it. Notury Public for anid County and ;hate (Rinor Subdiv. Agrmt. CCC Std. Form) (HP-34A 9- 69; 2.00) FOR1T APPS OX,—,.D ON B. CLAUSEN, Coun� .y CtllltlS01 E STATE OF CALIFORNIA SS. COUNTY OF Contra Costa On August 7 t 1973 before me. the undersigned. a Notary public in and for said State, personally appeared Sasha M known to me to Ise the person whose name subscribed to mut:»n!t»uu/uuuununuuluofuna tuufrit to the within instrument and acknowledged that he C}FFIC!AL SU.M. executed the same. �rIOL A M. OLSEN WITNESS tRy and ind ot>ficialysil. �.4a NOTARY PUBLIC-CALIFOR IIIA COUNTY OF CONTRA COSTA Z" Yy Commission E-01,es Otctmttr:I,1415 SignatLLr {Sttifrtlftrf/tgi//fittgltl/ftipAtil//IN/OOl/tiri//'1 Viola M. Olsen Name (Typed or Printed) twmrsi -General e Bond Number 305078 . . IVII'110'11-14 NT !,*FrUR7TY 1100 (Fait:lzful P::rformancc X Mainfrrance, A.71) Labor ' MaterialS) (Calif. Bus . C Prof. Code Contra Co::to County Standard Form) 1. ORT.T*r;:'TTOr'r, (Princinal) SASHA MALOFF as Principal, and Summit Insurance Company of New York a Corporation organized and existinr under the laws or the State of New York and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves , our heirs , executors , administrators , successors and assirrns to the County of Contra Costa, California, to pay it : (A - Faithful perVormance , & Maintenance) THREE THOUSAND FOUR HUNDRED AND NO----------- Dollars ($3,400.00 ) for itself or any City-as sir;nze under the below-cited subdivision contract , plus (B - Labor & Materials) THREE THOUSAND FOUR HUNDRED AND NO------------ Dollars ($3,400.00 ) for the benefit of persons protected under Cal. Bus. & Prof. Code 511612. 2. RECITALS. The Principal contracted with the County to install and pay for street , drainarre , and other improvements in Subdivision No. 4386 , as per man noir being; filed with the County's Recorder, and to complete said work within ONE year(s) from the effective date of said Contract, all- in accordance with State and local laws , rulinr;s thereunder and the subdivision contract. 3. - C011DI!IOR. If the Principal faithfully performs all things required of him accordinr; to the terms and conditions of said contract and improve- ment plan and improvements agreed on by him and the County, then this oblir-ation as to Section 1-(A) above shall become null and void, except that the guarantee of maintenance continues for the one-year period; and if he full; pays the contractors , subcontractors , and persons renting equipment or .furnishinrr labor or materials to them for said work and improvement , and protects the premises from claims of such liens , then this obligation as to Section 1-(B) above shall become null and void; otherwise this oblir;at-ion remains in full force and effect. No alteration of said contract: or any plans or specifications of said work agreed to by the Principal and the Count) shall relieve any Surety from liability on this bond; and consent is hereby given to make such alterations without further notice to or consent- by Surety ; and the Surety hereby waives the provisions of Calif. Civil Code W519 , and hold-, itself bound without regard to and independently of any action amainst Principal whenever taken, and artrees that if County sues on this bond Surety will pay reasonable attorney fees fitted by court to be taxed as costs and included in the iudQment . SIGNED A11D SEALED on PRINCIPAL SiIRE`PY Summit Insurance Company of New York . Sas a Ma off, Owner By B. ?c .. r' �: �• .. ;•; ;.c 1. } };. ac X Y .. x :Y :; i' ?: fir. ?� -�. iE 7: � 3: is 7C :f Y: 'r' 3: State of California ) Count• of San Diego ) (A CZ It'0%'LEDG1•lF:119' BY SURETY) On August 79 1973 , the person(X) whose name(X) J.r,/,M sis*ned above f•or Surety and is 1:not•!n to mo to be the Attorney( -in-Fact f'or ti-,.Ls Corpor•zite Surety , ner:;onal.ly apocare'd before me and Flet:nc�!ledt;etl to me that. hc,6LXW the name or the Cori ration a:�- Surety and his/ t�Yl�[Rx a�!n n:im� (X) a:: itn •Att:or•nr.�,l (B)-Ln-FZct: . .. OFFICI7_Aug. LINDA NOTARY PUBLORNIA PRINCIPALIN SAN DIEGTYn�_�Q My Commission Expires1976 flat:rr y Publle S'or nald Country. furca T'oi•^!) y' �I± LW k SUMMIT INSUR�CE COMPANY OF NEW4T ORK 11 3 0 50178 ! POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the SUMMIT INSURANCE COMPANY OF NEW YORK,a corporation of the State of New York,having sts principal offices in the City of Houston,Texas,does make,constitute and appoint: JAMES C McMICHAEL and JOSEPH 13, ZUMELLQ _ __. its true and lawful Attorney(s)-in4act,to make,execute,seal and deliver for and on its behalf,as surety,and as its act and deed,any and all bonds,undertakings and contracts to suretyship,iri behalf of: SASHA XUOFF as Principal and COUNTY OF CONTRA COSTA as Obligee provided that no bond or under- taking or contract of suretyship executed under this authority shall exceed the amount of. not to exceed !2M am m This Power of Attorney is granted and is signed and sealed by facsimile under and by the following Resolution adopted by the Board of Directors of SUMMIT INSURANCE COMPANY OF NEW YORK at a meeting duly called and held on the 8th day of August,1972: "RESOLVED,all bonds of the corporation shall be executed in the corporate name of the company by the President or Vice president,or by such other officers as the Board of Directors may authorize. The president or any vice president,secretary or any assistant secretary may appoint attorneys-in-tact or agents who shalt have authority to issue bonds in the name of the company.The corporate seal is not necessary for the validity of any bonds of the corporation," IN WITNESS WHEREOF,the SUMMIT INSURANCE COMPANY OF NEW YORK has caused these presents to be signed by its officer undersigned and its cor- porate seal to be hereto affixed duly attested by its secretary this 12th day of September,1972. SUMMIT INSURANCE COMPANY OF NEW YORK a �� RUYY r °. ;� Attest: �, 3hh��. � ,�L'.� By Secretary Pr ident STATE OF TEXAS ) ( ss: COUNTY OF HARRIS) On the 12th day of September, 1972,before me personally came Kenneth F. Cooke,to me known,who being by me duly sworn,did depose and say:that he resides in the County of Harris,State of Texas;that he is the President of SUMMIT INSURANCE COMPANY OF NEW YORK,the corporation described and which executed the above instrument;that he knows the seal of said corporation,that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. 4twl � � Notary Public BARBARA ANNETTE BYRD Notary Public in and for Harris County,Texas STAT TEXAS ) My Comrrnssion Expires June 1, 1973 ( ss` HARRIS) CERTIFICATE 'fined,duly elected to the office stated below,now the incumbent in SUMMIT INSURANCE COMPANY OF NEW YORK,a New York Corporation, ke this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked;and he Resolution of the Board of Directors,set forth in the Power of Attorney is now in force. 't the City of Houston,Texas.Dated August 6s 1973 71 �) Secretary !N IN TH7,,- BOARD OF SUPERVISORS OF CONTRA'COSTA COMITY, S+'AT✓ OF C ALIEURIIIA In the Matter of Approval ) of Subdivision Hap of ) Tract !386, Rheem Area. ) RESOLUTION NO. ?3/667 ttRWZ-,A5- a map entitled Tract 4386, property located in the t`hi' eem area, having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer statin- that there are no unpaid County taxes heretofore levied on the property included in the nap and that the current 1972-1973 tae lien has been paid in full, and the 1973- 1974 tax lien, which became a lien on the first day of I•iarch, 1973., is estimated to be .P11,000; Tax Bond No. 305093 issued by Summit Insurance Company of New York in the amount of S11,000, guaraatee- ing pant of estimated 1973-1974 tax; Cash Deposit (Auditor's Deposit Permit No. 110353 - dated August 14s 1973) in the amount of $500; Letter from the Public Norks Director stating that said asp is submitted for filing under the provisions of the County Ordinance Code and all required deposits and faes have baen paid; and ?•rHMt»AS it having been noted that tha improvements in this toimhouse subdivision are covered by bonded encroachment permit (Bond No. 305079 issued by Summit Insurance Company :dth Sasha 'Haloff as principal, in the amounts of $1,100 for Faithful Performance, and $1,600 for Labor and 1Waterials) as required by Condition 4 of the J. tentative map approval, therefore a subdivision agreement is not required; NOW T ^ MFO S Br IT RESOLU0 that, said map is hereby APPR0VED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements showa thereon as dedicated to public use. PASSM AND ADOPMEM this 27th day of August, 1973 by the following vote of the Board: AYES: Supervisors J. P. Kenny, W. N. Boggess, E. A. Linscheid, A. 1. Dias. 11GES: None. ABSENT: Supervisor J. 3. 14oriarty. cc: Public Works Planning (CERLTIFIED CUYY Subdivider 1,,, •I certify that this is a full. true & correct[ copy oz iii". Sasha Halofi the original document«aich is on the i.1 my office, 45 John Glenn Drive and ULA it was passel &- +c!uptecl by tate Coard of r Concord, California 9.1720 Supeni�vprs o: Conicu Guti County, C;aliioruia, on U,e date s:,o:« ATTEST: %V. T. PAASCri, county cleric&es-officio clerk of said Board of Supe^cors, by deputy clerk. ' RESOLLTl'IO`T 10 . 73/607 C sG[ �(J s2 PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY DEPUTY PUBLIC WORKS DIRECTORS PUBLIC WORKS DIRECTOR 6TH FLOOR. ADMINISTRATION BUILDING R. D. BROATCH F. R. BROWN CHIEF DEPUTY PUBLIC WORKS DIRECTOR MARTINEZ. CALIFORNIA 94333 VERNON L. CLINE TELEPHONE 220.3000 R.M. RYGH (RM. 113 COURT HOUSE) August 23, 1973 HP - Subdivision 4386 Honorable Board of Supervisors Administration Building Martinez, CA 94553 Gentlemen: There is submitted for your approval the map of Subdivision 4386 in Supervisorial District III in the Rheem area. Accompanying this map and pertaining thereto are the following documents: 1. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1973-74 tax, which became a lien on the first Monday of March 1973, is estimated to be $11,000. 2. Tax Bond in the amount of $11,000 guaranteeing payment of estimated tax. The map is submitted for filing by Financial Title Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, '� VICTOR W. SAUER Public Works Director By CO i co Pa E. Kilkenny Assistant Public Works Di ctor CPB/bhp Highway Planning cc: First American Title Co. Planning Department Construction Division EDWARD W.LEAL ALFRED P.LOMELI County Treasurer-Ta:Collector Assistant County Treasurer- TAX COLLECTOR'S OFFICE Ta:Collector Due and gble of Taxes CONTRA COSTA COUNTY First Installment of Tares Due and Payable Delinquent on the First Day of November MARTINEZ.CALIFORNIA on the Tenth Day of December _____________ Second Installment of Taxes Phone 228-3000.Est.2385 Second Installment of Taxes Due and Payable Delinquent on the Fust Day of February August 15, 1973 on the Tenth Day of April IF THIS TRACT IS NOT FILED BY OCTOBER 31, 1973 , THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 4386 and have detemined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1972-73 tax lien has been paid in full. Our estimate of the 1973-74 tax lien, Which became a lien on the. first day of March, 1973 is $ 11,000.00. EWARD W. LEAL Tax Collector By: C11 F I LED W. T. PAASCH CLUN SCA.RD Cr SU 17-MtS 1 �O ITRA COSTA U-4T I 6yl DeDwy� t'r' STATE OF CALIFORNIA SS, COUNTY OF Contra Costa On A ust 17 pasha Maloff , the undersigned' a Notary Public in and for said State, personally appeared known to the is subscribed to he the person whose name__._.------ he to the within instrument and acknowledged that_______ OFFI(AA1. SEAL.�11tif1utu=uutuuunuuticauleluuuululnusin executed the same. r VIOLA M. OLSEN WITNESS my. hai+d and offici al. �n NOTARY I>U©L1C•CALtFORtIIA COUNTY OF CONTRA COSTA l %j Lr 1G.4"",r � ti%''� Y�C�'^m�sucn C�pi:es tl�ttm0er 2!,t975 � Signature �itQlltlQ!lltNlllaaiilltiUilt UitlllllUtllllitH! Viola M. Olsen Name (Typed or Printed) c+ General # k r� a: r a u� Y Acknowledgment–Attorney in Fact Q STATE OF CALIFORNIA SS. IL COUNTY OF SAN DIEGO 0 On August 15, , 1973, before me, Linda. Moore V a Notary Public in and for the said County and State,personally appeared_,)�N1ES C_MchAlCy � Jknown to me to be the person whose name is subscribed to the V r within instrument,as the Attorney-in-Fact of _SUMMIT INSURANCE COMPANY OF NEWYRK --and acknowledged tome that_he subscribed the name of Q SUl49fII_I^iS�I;t�s ,�.C��t1triY_OF_��EV Y.QjK ______ thereto as Z principal and h j:S _own name as Attorney-in-Fact. 0 IN-WITNESS WHEREOF,1 have hereunto set my hand and affixed my official seal the day and year in this Notary Seal — Qcertificate first above written. OFFICIAL SEAL 'U LINDA MOORE f NOTARY PUBLIC-CALIFORNIA �� PRINCIPAL OFFICE IN • SAN DIEGO COUNTY • U. My Commission Expires Aug. 7, 1976 Notary Public in and for said County and State – r-zs r2; Bond # -305093 , FSC 479146 BOND AGAINST TAXES 10M ALL MEN BY THESE PRESENTS s TEAT SASE�A MALOFF as principal and Summit Insurance Company of New York and as sureties are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of ELEVEN THOUSAND AND NO------------------------------------ DOLLARS ($11,000.00 ) to be paid to the said County of Contra Costa, for the payment of which we and each of us bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. Sealed with our seals and dated this Fifteenth day ofAugust_ 19 73 . The conditions of the above obligation are such that WHEREAS, the above bounded principal is about to file a Map entitled Siad? 43x6. ASCOT COURT and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against the said Tract of land covered by said Map, which taxes and special assessments collected as taxes, are not as yet due or payable. Now, therefore, if the said SASHA MALOFF shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said Nap at the time of the filing of said Map of said Tract, then this : obligation shall be void and of no effect. Otherwise it shall re- min in full force and effect. Sa Mao principal Su-it Insurance Company of New York Surety James C. McMi ael, AtCHMIf Yin Fact . Acknowledgment "-F D ! 8 L-7-73 IV. T. PAASCH ! CLERK BOARD CF SUPERVISORS I E / C, Ir4g,fj� 71/ i f ry _I�l,.t Qev i r . SUMMIT� � 3d5 93 INSURANCE COMPANY OF NEW YORK . POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the SUMMIT INSURANCE COMPANY OF NEW YORK,a corporation of the State of New York,having its principal offices in the City of Houston,Texas,does make,constitute and appoint: JAMES C. MCMICHAEL and JOSEPH S. ZVMEUO__ . its true and lawful Attorneys)-in-fact,to make,execute,seal and deliver for and on its behalf,as surety,and as;,s act and deed,any and all bonds,undertakings and contracts to suretyship,in behalf of: SASHA MALOFF as Principal and COUNTY OF CONTRA COSTA as Obligee provided that no x*c _-n,^lar- taking or contract of suretyship executed under this authority shall exceed the amount of: not to exceed — $=.ON — This Power of Attorney is granted and is signed and sealed by facsimile under and by the following Resolution adopted by the Board of Directors of SUMMIT INSURANCE COMPANY OF NEW YORK at a meeting duly called and held on the 8th day of August.1972: "RESOLVED,all bonds of the corporation shall be executed in the corporate name of the company by the President or Vice president,or by such other officers as the Board of Directors may authorize. The president or any vice president,secretary or any assistant secretary may appoint attorneys•in-fact or agents who shall have authority to issue bonds in the name of the company.The corporate seal is not necessary for the validity of any bonds of the corporation." IN WITNESS WHEREOF,the SUMMIT INSURANCE COMPANY OF NEW YORK has caused these presents to be signed by its officer undersigned and its cor- porate seal to be hereto affixed duly attested by its secretary this 12th day of September,1972. SUMMIT INSURANCE COMPANY OF NEW YORK �0_11L" Attest: (?��Yr ).-.��,� By _? Secretary Pr ident STATE OF TEXAS 1 ( ss: COUNTY Of:HARRIS) On the 12th day of September, 1972,before me personally came Kenneth F. Cooke,to me known,who being by me duly sworn,did depose and say:that he resides in the County of Harris.State of Texas;that he is the President of SUMMIT INSURANCE COMPANY OF NEW YORK,the corporation described and which executed the above instrument;that he knows the seal of said corporation,that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. Notary Public BARBARA ANNETTE BYRD Notary Public in and for Harris County,Texas STATE OF TEXAS 1 My Commission Expires June 1,1973 a: CERTIFICATE CO:INTY OF HARRIS)1 ,,the wdersigned,duly elected to the office stated below,now the incumbent in SUMMIT INSURANCE COMPANY OF NEW YORK,a N^v York Corporation, Authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked; and ftn-thermore,that the Resolution of the Board of Directors.set forth in the Power of Attorney is now in force. Signed and sealed at the City of Houston,Texas.Dated August 15, 1973 r Secretary IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA December 29 , 197 5 - In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4375, Alamo Area ) Deposit: $500 ) Auditor's Permit No. 104931 ) Dated January 12, 1973 ) Refund to: ) Dame' Construction Company- ) P. 0. Box 100 ) San Ramon, California 94583 ) On October 22, 1974 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing' liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and 94-4.x.06 - Pursuant to Ordinance Code Section ZXMUXand the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. PASSED by. the Board on December 29, 1975. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 29th day of December , 197 5 I R. OLSSON ]@CXH�CXX' H, CLERK cc: Public Works (2) • Subdivider BY Deputy Clerk In aham i • 7353 4694399 d = T OCT 2 5 1971 OF Return to Clerk of the Board _ Administration Building, Martinez, California _ OCT Cn WqJ Ata• o�aoac y4tr;. CMA QDIWy Ifam IN THE BOARD OF SUPERVISORS �. R. QLSSON OF . Qomy @GO M '/CONTRA COSTA COUNTY, STATE OF CALIFORNIA : In the Matter of Completion ) :✓' r of improvements and declaring certai oads as — County 'a ) RESOLUTION NO. 74/911 roads, Subdivision 4376) Pr ) San Ramon Area. ) WHEREAS the Public Works Director having notified this Board that construction of improvements have been completed in Subdivision 4376, San Ramon area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 4376 , San Ramon area January 16 , 1973 (United Pacific Insurance Company - Bond No. U 74 92 93) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 104931 dated January 12 , 1973 ) be RETAINED for one year pursuant to the requirements of Section R*XJtki) of the Ordinance Code as amended. 94-4.406 BE IT FURTHER RESOLVED that the hereinafter described roads, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be _ County roads of Contra Costa County: MEGAN COURT (32/52/ .14) VARIABLE PAVEMENT WIDENING AND 101 RIGHT OF WAY WIDENING ON MIRANDA AVENUE as shown and dedicated for public use on the map of subdivision 4376 filed January 18 , 1973 in Book 153 of Maps at page 40 , Official Records. of Contra Costa County, State of California. PASSED AND ADOPTED this day of October , 1974 , by the following vote of the Boar AYES: Supervisors J.P. Kenny, A. 1.1. Dias, Iku ,,_ E. A. Linscheid, W. N. Boggess. f/, NOES: None. ABSENT: Supervisor J. E. Mori-arty. CERTIFIED COPY I certify that this is a full, true & correct copy of the orlp!nni danuntent tvtticl+ is on file in my office, and tha! it v-aq rosvFd 1; adopted Ly the Board of RESOLti"_'i O?i N0. 74/912nKt3 t'ocrty. C=llfornia. on a the a ,e r n rn. ATT E"T: J. It. OLSSON. County cc: Recorder Clerk.&es-offfcfo Clerk of said Board of supervisors, Subdivider by Deputy Clerk. Public Works EIQ OF D"tj iILNT on&(a4_17� rr IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract4376, San Ramon Area. ) RESOLUTION NO. 73/21 ) WHEREAS a map entitled Tract h376 , property located in the San Ramon area , having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1972-1973 tax-lion has been paid in full; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 8, of the County Ordinance Code; Surety Bonds issued by United Pacific Insurance Company with Dame'-Stewart Development Company as principal, an follows: Bond No. U 74 92 93 in the amount of $42,200 for Faithful Performance, and $42,700 for Labor and Materials; Cash deposit (Auditor's Deposit Permit No. 104931 dated January 12, 1973) in the amount of $500; Subdivision agreement between r_ subdivider and the County of Contra Costa, wherein sa subdiv- ider u v-ider agrees to complete road and street improvements, etc. , in said subdivision within 1 year from the date of said agreement; RESOLUTION NO- 73/21 Form #23; 70-4-500 t said d a and M. THEREFORE, BE IT RES hereof bs and thensa�40�7 deposit__,__.., and the amounts PR0 D. agreemention be BE IT Ft7RTNt4 �ESOLZ' D that said subdiviChairman of this and the same is hereby AppROvED and the resms ent Board is authorized to execute said ag ma be and the same is BE IT I�URTRrsR RESOL`tED that said P reject on behalf hereby APPR O�iED and this Boar e s not roads rccePt rtfW1e o! gasemots sb0M of the public any of the 8trsetar Or thereon as dedicated to the public- - lbth day of by the following PASSED �DvotepofDthe iBoao rid'. p. Kenny, J• E• Moriartyr AYES: Supervisors J. E, A, yinscheidr A. N• Dias: W. N. $oReeas, NOES: Hone. ABSENT: None* cc: Public Works Planning Subdivider ment Co., Inc. Dame'-Stewart Develop pe 0. Box 100 San Ramon, California 945B3 RESOLUTION NO. 73/21 Farm #23; 70-4-50a L UC'IrIFlED COPY L certify that this iq a frill, trite & correct copy of the original document. which is on file in my office and that, it. tr;ts passed k. ndut,tvd ht• the. Pont-1 u. �tupert is�trs tC C,r+tetra.t nst.a C"snintti', Califorttta, tit tl:i date sho«•n. A`t"I't:::r: W. 'l'. I'A ASCH, count) Aerk& ex-officin clerk cif:take board of Sultcrvistors, by deltuty clerk. 14 CZC�G �G� on�a�r�/�,! k� FILED : r 73 W. T. PAASCH CLERK BOARD CF SUPERVIS^RE CY 4cL.1ItdC � •,�,; SUBD IVISION AGREEMENT (§1) Subdivision: SUBDIVISION 4376 (§1) Subdivider: DAME•-STEWART fB. & P. Code §§ZZ6ZZ-Z21 DEVELOPMENT C 'on 1 Effective Date": Jar_ua,-y 1 , 1'973 (Contra Costa County (§1) Completion Period: one year Standard Form; 8-67) 04 ) Deposits : A. (cash) 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $ 42,200.00 2. (labor,materials) 2,700.00 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants , and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public [,forks Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and w _l be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; toPether with . . . . . . . . . . . . . . . . . . . . . B. Bonds, etc. : (Z - FaithfuZ Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $5003 in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory nerformance ; plus (2 - Labor & Vater4:als) another such additional security in at least the above-specified amount , which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors , and to persons renting eouipment or furnishing; labor or materials to them or to the Subdivider. 5. h'arrant' Subdivider warrants tlia� said irrrpVP?-erit plan iS ade- quate to accomplish t'i, ' .,o-k as Ori+--_3Pd -;n Section 2 : and if, at any time before "'-.e County ' s reso_ution �)f _ � cn for the subdivision, the improvement plan troves to be Inadequate ;n any respect, F. vi- der shall make chane-res neces:-__ .i „c ac _1=1. zh -the -,:!--%-k as pro--;sec. -1- v V. tIV tYU'(.tlG'z' lJt} VVtlttVt}. +-►��-v�i.via vi �. iG in'�JL'ii 'Clot/V1"-lllcitrCl'.LCIl.�, nr a»»tnva n t.Tr, V anti/.n V. mai-g r al c i nenoni-n/7 .,�+ c+ o?-omc_v,t }..+ a-- :-1:,- - ,-- ri- - ..1 ... _ ...n—, ..� ..........� .�....�.. �... _ vv...., vi •�vtw.vim.aiw.+v uJ a AJ officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , 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 conderination, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceedings) concerning these; C - The actions causing- liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 8. APPLICATION OF ENVIRONMEWAL IMPACT REQUIREMENTS. By approving and executing this Agreement, Contra Costa County does not certify that the subject Subdivision is in compliance with the recent decision of the California Supreme Court in the case of "Friends of Mammoth vs. County of Mono". By executing this agreement, Sub- divider agrees to save and hold harmless the County from any and all legal action that may be brought because of the aforementioned decision and agrees to defend any such action brought against the County. Subdivider further recognizes that he may be required, during the tenure of this a agreement, to comply with all rules and regulations which may be promulgated to implement the aforementioned decision. 9. COSTS. Subdivider shall pay when due all the costs of the work, including in- spections 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 County Road Commissioner-Surveyor. 11. NONPERFORAIANCE AND COSTS. If Subdivider fails to complete the work and improve- ments within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or othert.ise, and Subdivider shall pay the 'costs mid charges therefor immediately upon de:eand. If County sues to compel per- formance of this agreement or recover the cost of completing the improvements, Sub- divider shall pay all reasonable ;attorneys' fees, costs of suit, and all other ex- penses of litigation incurred by County in connc -tion therewith. 12. ASSIGNMENT. If before County accepts these improvements, the subdivision is annexed to-a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. -2- 13. RECORD MAP. In consideration hereof, County shall allot, Subdivider record sa-d subdivision man. COUNTY R SUBDIVIDER: (see note below) By DAME' - STEWART DEVELOPMENT COMPANY,. .9 . Cha an, Boa of Supe . ors a i ornia o oraticra 01 By ATTEST: W. T. PAASCH, County Clerk Designate official capacity in the & ex officio Clerk of the Board business) PRESIDENT By .E-CLGt C �t�,ta ( Note to Subdividers (1) Execute Deputy acknowledgment form below; and (2) If a corporation, attach a certified copy of (a) the bylaws FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board Cou`y Co nsel - of Directors, authorizing execution of Ole this contract and of the bonds required By hereby. 6.11 Deputy State of California ) ss. (Acknowledgment by Corporation, County of CONTRA COSTA ) Partnership or Individual) On January 11, 1973 , the person(s) whose name(s) is/are signed above for Subdivider and Who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnershio named above executed it. OFFICIAL SEAL P3CHARD 1-V. jT_.N.S"— NOTARY PUBLIC - CAL1;70RfI!A l= CONTRA COSTA COU'4 r Y 11c C, wan Ft r:a[S fiov M. 1071 *�L^�"..��-�.�.� ,.,; 10�11 C Hs�,e� 1�1/, ►,TANS / Principal Office in Contra Caste County Notary Public for said County and State (Subdiv. Agrmt. CCC Std. Form) (4P-9; Rev. 9-69; 200) -3- ACTION OF THE BOARD OF DIRECTORS OF Dame'-Stewart Development Company , TAKEN WITHOUT A MEETING The undersigned being all of the Directors of Dame'-Stewart Development Company , a corporation, do hereby unanimously consent to the adoption of the following resolution: RESOLVED: That Carl D. Dame' , President of this corporation be, and he hereby is, authorized to enter into on behalf of this corporation, the necessary documents covering Subdivision 4.3% and to execute a performance bond, labor and materials bond, tax bond and State of California Questionnaire An connection therewith, together with such other documents and instruments as may be incident thereto. DATED: /O , 1973. DIRECT y CERTIFICATE OF SECRETARY I e� �` /!'��i✓t Secretary of Pa-.4) •. a .corporation, do hereby certify and eclare hat the fdregoiffig is a full, true and correct copy of a resolu- tion adopted by action taken by unanimous written consent of the board of directors without a meeting, dated � oj , and that the By-Laws of this corporation authaVized the directors to so act; and that said resolution is now in full force and effect. In testimony whereof, I have hereunto set my hand and affixed the corporate seal of said corporation this /a day of �Cl Secretary (Affix corporate seal) PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY DEPUTY PUBLIC WORKS DIRECTORS PUBLIC WORKS DIRECTOR R. O. BROATGH STH FLOOR. ADMINISTRATION BUILDING F. R.BROWN CHIEF DEPUTY PUBLIC WORKS DIRECTOR MARTINEZ. CALIFORNIA 94553 VERNON L. CLINE TELEPHONE 228.3000 R.M. RYGH IRM. 115 COURT HOUSE) J anuary 15, 1973 HP - Subdivision 11,376 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 4376 in 0"upervisorial District V in the Saniamor_ area. Accompanying this map and pertaining there to are the following documents : 1. Subdivision Agreement. E.oiration date of one year time limit for temple Lion is January 16, 1C74• 2. Perfornance Bond in the amount of ;1 2,200.00 This Bond, together with a x:,500 cash deposit (Auditor I s Receipt No. 104931 dated January 12, 1973), is to guarantee completion of road and street improver.?ents as required by the County Ordinance Codd. 3. Labor and l_a I.erials Bond in, she amount- of '142,700-00 LL. Tetter from Tax Collector 's Office statin; that there are no unpaid. County taxes on the property. The map is submitted for filing bir Founders Title Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTO? W. SAUER Publ4 - v.,o ks Director 7J _ssiz�anL -Split Works Director cc: iso _ e Co. ?ii hway Planning Pl a_nning Dei:art*ient Construction Division • ALFRED P.L:ouELr EDWARD W. LEAL Assistant - COUNTY.TREASURER-TAX COLLECTOR County Treasurer-Tax Collector PHONE 228-3000 EXT. :185 'T" COLLCTTOR-8 OFFICE rtR57 INSTALLMENT Or TAtts �MtTNST T OI TA190 Out AND rarNLt ONi� VV1A VUNi 09 0"QUENT ON TMC rIPST DAY Or NOVEM61tA MARTINEZ. CALIFORNIA ON TNf TENT. Oar or ptcf"agn SECOND TNSTALLrf NT Or TAX96 69COND INSTALL-ENT Or TAtfS OUE ANO PAVASLC OtL,%ourNT ON TUC VMST OAT Or F18UUAR1 T.nmry 1 1, 1973 ON TNt UNTN par Or aonjL IF THIS TRACT IS NOT FILED BY FEBRUARY 28, 1973, THIS LETTER IS VOID This wIn certify that I have examined the map of the proposed subdivision, entitled- TRACT NO. 4376 and have determined from the official tax records that there are no unpaid c mty taxes heretofore levied On the property included in the map. The current I972-73 tax lien has been paid in flil't.. E�r1ARD W. Aedempt fficer 7 ` t By: dl „ U 74 92 93 It"PROlrEJ01 iT SJ CUnT`LY B,_)ND Premium: $641..00 (.'nithfu.'. Performance r Maintenance A:zD Labor G AatcrialsJ (Calif". Bus . fi Prof. Code §11612; Contra Costa Cour?ty Standard Form) 1. 0BT,IGATI0J. (Princi.naI) DAW-gTERAIRT DEyFTpPu mT rn as Principal, and (Suret, 1ACIFTCmrSTRAMP rMMANv _ a corporation organized and existing under the laws of the State of WASHINGTON and authorized to transact surety, business in California., as Surety, hereby ;jointly and sever^lly bin=d ourselves , our heirs , executors , administrators, successors and assigns to the County of Contra Costa, California, to pay it : (A - Faithful performance , & Maintenance) FORTY TWO THOUSAND TWO HUNDRED AND NO/100--------- Dollars ($ 42,200.00 ) for itself' or any City-assignee under the below-cited subdivision contract , plus (B - Labor & Materials) FORTY TWO THOUSAND SEVEN HUNDRED AND NO/100- --- _ Dollars ($ 42.70O .� ) for the benefit of persons protected under Cal. Bus. & Prof. Code �llbl2. 2. RECITALS. The Principal contracted with the County to install and pay for street , drainage , and other innrovements in Subdivision No. 4376 , as Per man now being .filed with the County's Recorder, and to complete said wort: within one year year(s) from the effective date of said Contract , all: in accordance with State and local laws , rulings thereunder and the subdivision contract . 3. - CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improve- ment plan and improvements ar,reed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guarantee of maintenance continues for the one-,year period; and if he fully pays the contractors , subcontractors , and persons renting equipment or furnishing labcr or materials to them for said work and improvement , and protects the premises from claims of such liens , then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby riven to make such alterations without further notice to or consent by Surety ; and the Surety hereby waives the provisions of Calif. Civil Code )2819 , and holds itself bound without regard to and independently of any action against Principal wherever taken, and arrrees that if County sues on this bond Surety will pay reasonable attorney fees fixed by court to be taxed as costs and included in the judgment. SIGNED AND- SEALED on Jauuary 11 1P.71 PRINCIPAL SURETY DAMEI-STEWART D CO. UNITED PACIFIC INSURAM39--roMPANY By .. ' . B y sAW ;- ar State of California County of ) s''s . (ACK?JOWLEDCMENT BY ;�INr On the nernon(s) whoSe namc(s) is/are ::i,,;ned above for Surety and who .j known to me to be the Attorneys)-in-Fact for this, Corporatc Surety , nersor.ally anneared before me and acknoviled Fred to me that he/tiler; sir-ned the name of the Corporation as Surety and hi'_:/ their oi•:n names) as its Attorne (s)-in-Fact . Notary F'ubllc for naio County and .,tat,e (Irrp. :'ec. Rond, rCr .Std, Peru.,) State of California ) ss: County of Contra Costa On January 11 19 , before me, the undersigned, a Notary Public in and for said County, personally appeared George H. Krueger known to me to be the person whose name is subscribed to the within instrument as Attorney-in-Fact of UNITED PACIFIC INSURANCE COMPANY,and acknowledged to me that he subscribed the name of UNITED PACIFIC INSURANCE COMPANY.,.as Sur e�ty�and h is own name as Attorney-in-Fact. c,"� ' '"•i. Sr,•.i, ELIZABETH J. SAVANO i :) T� _ ST �OU;JTY My Commission expires October 31 19 74 Notary Public in aqqAr said-County BDU-1818 ED.3172(CALIF.) s: In the Board of Supervisors of *%*Contra Costa County, State of California June 17 , 19 75 In the Matter of Assignment of Subdivision Agreement for Subdivision 4465, Concord Area. The Public Works Director having reported that Subdivision 4465 was annexed to the City of Concord on February 24, 1975 ; that the map for said development has been recorded; that construction of improvements required by the Subdivision Agreement is complete; and that said agreement provided that the County may assign its rights thereunder to the City of Concord. NOW, THEREFORE, IT IS BY THE BOARD ORDERED that construction of improvements is accepted as complete . IT IS FURTHER ORDERED that the assignment to the City of Concord of all County rights and interests covered by the Subdivision Agreement for Subdivision 4465, is APPROVED. IT IS FURTHER ORDERED that the Public Works Director is AUTHORIZED to transfer to the City of Concord the refundable $500 cash deposit as surety under the Subdivision Agreement, as evi- denced by Deposit Permit Detail No. 109437 dated July 6, 1973 . IT IS FURTHER ORDERED that the City of Concord be advised that the following named streets , which are shown and dedicated for public use on the map of Subdivision 4465, filed July 18, 1973 in Book 171 of Maps at page 47, have been constructed in accordance with approved plans and County Ordinances and should be accepted as city streets: JONNAR DRIVE (32/52/0.30) PHILLIP PLACE (32/52/0 .03) YVONNE DRIVE (32/52/0 .08) ELLARD WAY (32/52/0.04) LAUREL DRIVE WIDENING CONCORD BOULEVARD WIDENING YVONNE DRIVE WIDENING PASSED by the Board on June 17, 1975 . 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervison on the date aforesaid. Witness my hand and the Seal of the Board of (via P.W.) Public Works Director affixed this 1 th day of June 1975 County Administrator J. R. OLSSON, Clerk BY t.(_ -41- J . Deputy Clerk H 24 12n4 - 15-M Mildred 0. Ballard In the Board of Supervisors of Contra Costa County, State of California AAril 28 1975 In the Matter of Transfer of Funds, Subdivision 4465, Concord Area. The Public Works Director having reported that the area encompassing Subdivision 4465 was annexed to the City of Concord .on -February 24, 1975; and On motion of Supervisor E. A. Linscheid, seconded by Supervisor J. P. Kenny, IT IS BY THE BOARD ORDERED that the County Auditor-Controller is AUTHORIZED to transfer to the City of Concord, the lighting fees which were collected in the amount of $697.42 as evidenced by Deposit Permit Detail No. 109437 dated July 6, 1973. The foregoing order was passed by the following vote: AYES: Supervisors J. P. Kenny, A. M. Dias, E. A. Linscheid, W. N. Boggess. NOES: None . ABSENT: Supervisor J. E. Moriarty. 1 hereby certify that the foregoing is a true and correct copy of an order enNred on the minutes of said Board of Supervisors on the date aforesaid. cc: City of Concord (via P.'vl. ) 1Ndnness my hand and the Seal of the Board of Public Works Director Supervisors County Auditor-Controller Fixed this 28thday of April 19 75 County Administrator J. R. OLSSON. Clerk 8yt Deputy Clerk H 24 12174 - 15•M Nancy S Ortega IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 44651, Concord Area. RESOLUTION N0. 73/528 WAEREAS a map entitled Tracth4b5 property located in the ConO lid a , having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1972-1973 taz lien has bean paid in loll, and the 1973-1974 tax lisp, wldeh become a lien en the rirst day or March, 19739 is estimated to be *6,000; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4, Title 8, of the County Ordinance Code; surety sonde issued by 3aleco bum ase Ca"M of America with Albert D. steno Coostrootion Cspaay as principal, as lollowst Bond so. 847969 in the momt of 4172, !or Faiths terlom once, and $172,600 !or Labor and Materials; Tax Dond to. 847966 in the amount or #69000 suarentool" paYnsnt of estimated 1973-1974 tax; Cash deposit (Auditor's DOPWIt ?erdt so. 109437 dated July 69 1973) in the amount or 500; Subdivision agreement between Albert D. Sema C astr. Co. subdivider and the County of Contra Costa, wherein sa su •iv- ider agrees to complete road and street improvements, etc., in said subdivision within 1 year from the date of said agreement; RESOLUTION NO. 73/528 Form #23; 70-4-500 f NOW, THEREFORE, HE IT RESOLVED that said bond 409"It and the amounts thereof be and the same are ere y A BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said Map be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public a� O! the streetsa reads, ares s ear eass� to she= ea theroas dodisatod to the publis. PASSED AND ADOPTED this_ day of . ..�._ ._.. , 19-73—Sby the following vote of the Bo AYES : Severvisors J. !. Menwe M. T. moss, E. A. Unsehoids A. No Dias. NOES: Teas. ABSENT: Sttporwisor J. Z. Moriarty* as$ loblie Nerhs Director &=sluff Albert D• SeMle Qea/tratlea CompaaW 3ft0 Rallread Ar+ e Pittsburg, aallr.raia 94565 RESOLUTION NO. 73/528 Form #23; 7O-4-540 CERTIFIED COPY l certify that this is a full, true & correct copy of the original document which is on file in my office. and that it was passed g adopted by the Board of Supervisors of Contra Costa County. California_ on the date shown. ATTEST: W. T. PAAZICH, county clerk&ex-officio clerk of said Board of Supervisors„ by deputy clerk. rt SUBDIVISION AGREEMENT (§1) Subdivision: LAUREL Whv D � 440.0 0.0 (B. & P. Code §§1Z61Z-Z2) (§1) Subdivider: ALIfQt fE�10 Ntt (.v' 1Effective Date : 1 11173 (Contra Costa County (§1) Completion Period: 0!-3e r- Standard Form; 8-67) (§4) Deposits: A. (cashj$500.- B. 5 0.B. (bonds, etc. ) 1. (faithful pert. & maintenance) $ 172 600 2. (labor,materials) 17Z, boo •O Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County". and the above- named Subdivider, mutually promise and agree as o ows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments , and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code §§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and Zli be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs. Code $11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . B. Bonds, etc. : (Z - FaithfuZ Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory performance; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment zo the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warranty. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promised in Section 2 ; and if, at any time before the County's resolution of completion for the subdivision, the improvement plan proves to be inadequate in any respect, Subdivi- der shall make changes necessary to accomplish the work as promised. A -1- 6. No waiver by Countg. Inspection of the work and/or materials, or approval of work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies wiLh the requirements of this agreement, or acceptance of the whole cr 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 contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnitu. Subdivider shall 'hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The inderunitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards, commissions , officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceedings) concerning these ; C - The actions causing liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 8. APPLICATION OF ENVIRONMENTAL IMPACT REQUIREMENTS. By approving and executing this Agreement, Contra Costa County does not certify that the subject Subdivision is in compliance with the recent decision of the California Supreme Court in the case of "Friends of Mammoth vs. County of Mono". By executing this agreement, Sub- divider agrees to save and hold harmless the County from any and all legal action that may be brought because of the aforementioned decision and agrees to defend any such action brought against the County. Subdivider further recognizes that he may be required, during the tenure of this a agreement, to comply with all rules and regulations which may be promulgated to implement the aforementioned decision. 9. COSTS. Subdivider shall pay when due all the costs of the work, including in- spections 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 County Road Commissioner-Surveyor. 11. NONPERFORMANCE AND COSTS. If Subdivider fails to complete the work and improve- ments within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the costs and charges therefor immediately upon demand. If County sues to compel per- formance of this agreement or recover the cost of completing the improvements, Sub- divider shall pay all reasonable attorneys' fees, costs of suit, and all other ex- penses of litigation incurred by County in connection therewith. 12. ASSIGNMENT. If before County accepts these improvements, the subdivision is annexed to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. —2— 13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record said subdivision nap, Sv.�'Di✓iDE�2 ALBERT D. SEENO CONSTRUCTION CO. a limited partnerxh v W.- ALBERT D.SEENO CONSTRUCTION Co.. IIYC, a corp. and general partner LINTY -OTDA 14110 VIDER3 (see note below) !! By Thai B ATTT,ESTs W. T. PAASCH, County Clerk Designate official capacity in the ex officio Clerk of the Board business) By C- Nott to Subdividers (1) Execute Deputy acknowledgment form belowf and (2) If a corporation, attach a certified copy of (a) the bylaws FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board County Counsel of Directors, authorizing execution of this contract and of the bonds required By hereby. Deputy State of C��fo nis ) ss. (Acknowledgment by Corporation, County of +Mrft cyj i6or ) Partnership or Individual) On VL1r .3. �cj7j , the person(*) whose name(-w) is/are signed above for Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. � r c,ni IFA L NOTARY FUbu,C VyComn.issior.Expi.esFeb.26,1976 Notary Public for said County and State (Subdiv. Agrmt. CCC Std. Form) (HP-9; Rev. 1/73) -3- SPECIAL MEETING OF THE BOARD OF DIRECTORS OF _ ALM-RT 1). SLEIJU C01I'TRUCT ION CO. , I IIC. ti At a special meeting of the Board of Directors of ALBERT D. SEENO CONSTRUCTION CO. , INC., duly called and held at Pittsburg, California, on the Ist day of December, 1972, a quorum being present, the following resolution was adopted: RESOLVED, that THOMAS A. SEENO and ALBERT D. SLENO, JR., each and individually,are hereby authorized to sign and endorse checks, drafts, - receipts and all other documents of every kind necessary and incidental to the conduct of the company's business and that no counter signature 1 is required. I , PATRICIA JEAN BROOKSHIRE, Secretary of ALBERT D. SEENO CONSTRUCTION CO. , INC. have compared the foregoing resolution with the original thereof, as it appears on the records of the meetings of the Board of Directors of said corporation, and do certify that the same is a correct and true transcript therefrom and of the whole of said original resolution. Given under my hand and seal of the corporation in the City of Pittsburg, State of California, this Ist day of December 1972. - esti PATRICIA JEAN BROOKSHIRE, Secretary 5 PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY DEPUTY PUBLIC WORKS DIRECTORS PUBLIC WORKS DIRECTOR R. D. BROATGH 6TH FLOOR. ADMINISTRATION BUILDING F. R.BROWN CHIEF DEPUTY PUBLIC WORKS DIRECTOR MARTINEZ. CALIFORNIA 94553 VERNON L. CLINE TELEPHONE 220.3000 R.M. RYGH (RM. 115 COURT HOUSE) July 6, 1973 HP - Subdivision 4465 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 4465 in Super- visorial District IV in the Concord area. Accompanying this map and pertaining thereto are the following documents. : 1. Subdivision Agreement. Expiration date of one-year time limit for com- pletion is July 10, 1974. 2. Performance bond, in the amount of $172,600. This bond, together with a $500 cash deposit (Auditor's Receipt No. 109437 dated July 6, 1973) is to guarantee completion of road and street improvements as required by the County Ordinance Code. 3. Labor and Materials Bond, in the amount of $172,600. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1973-74 tax, which became a lien on the first Monday of March, 1973, is estimated to be $6,000.00. S. Tax bond, in the amount of $6;000, guaranteeing payment of estimated tax. The map is submitted for filing by Western Title Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. RECEIVEDVery truly yours, VICTOR W. SAUER JUL /;� 119733 Public Works Director W. T. PAASCH CItRK BOARD O� TA CO VISORS By 1!L4Xot r;. � Dom, Paul E. Kilkcfnny (/ Assistant Public Works it for CPB:fa Highway Planning cc: Western Title Co. Planning Department Construction Division STATE OF CAL I F ORN I A ) SS COUNTY OF C-DN T?a COSTA ) i On this -pbM— _a- of JjjTy_ I973_, before Me, SLE ROCHELLE a Notary in and for said county and state, personally aDpeared ALBERT D. SEENO, JP,., known To -_ _e the Vice-President of the rorporati on that e_•;c::u ted the within instrument , on behalf of cai : cor-Donation, said cor:),aration being_ known to me to be one of the partners of ALBERT __ _ COINSTRUCTION CO., the 'nersh i p that e::ecu-ed ;he within instrument and acknoh k-_-4 to .re that such cornorati on <ec uteri the samie as such partner and that such partnersh i ea cecu i-a J3 the S%itr?. .,;,RCIAL SEAL SU ROCHELLE NOTARY 1'U13LIGCALIFORNfA CONTRA COSTA COUNTY MYComreltsionExpiresFeb.26,1976 Notary Public SUE ROCHELLE �4 t I ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA County of San Francisco ' On this 2nd day of July 1973,before me, >tit_W gg-nnin > a notary public in and for the State of California with principal office in the County of , t residing therein,duly commissioned and sworn,personally appeared Carl H. Kuhn known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the Safeco Insurance Company of America the corporation named as Surety in said instrument,and acknowledged to me that he subscribed the name of said corporation thereto as Surety,and his own name as attorney-in-fact. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal,at my office in the aforesaid County, the day and year in this certificate first above written. ' iliillllllil111illtttttl11/{iliNuunnrlrl+nunlnlN!!► M.W. BENNING r. N3T-,'jr P LIC• MMIRNIA Notary Pubiic '��'� CI Sell�i Cui:nr 0► G SAN FRAct4-tSC9 S-11575/70 MV COMMISSION EXPIRES ►'Apctl ;•7, 197! tf{1111111111i11�1l1i1!IiU1/11111M11i1Mt111pfi11`i{NM1� SII tl✓IJNMSECURITY �� 7 t � IMPROVEMENT SECU IT. BOND '4'� � j� t )(FaithFul Performance & Maintenance AND Labor & erials (Calif. Bus . & Prof. Code 511612; Contra Costa County Standard Form) 1. OBLIGATION (Principal) Q /y Q . Principal, and (Surety) % F a corporation organized and existing under the laws of the State of Wi�SN/ Ta Nl and authorized to transact surety business in California, as Surety, hereby Jointly and severally bind ourselves , our heirs , executors , administrators , successors and assigns to the County of Contra Costa, California, to pay it : (A - Faithful performance , & Maintenance) Cox Aurj 0 FO t Y-7w Pub JkN Dollars ($AM &400 ) for itself or any Citv-ass gnee under the below-cited subdivis on contract , plus (B - Labor & Materials) "an F✓1NriTwa 1I�1IN2 •X &4 %Dollars ($ /72 600 ~ ) for the benefit of persons protected under Cal. Bus. & Prof. Code 511612. 2. RECITALS. The Principal contracted with the County to instal ani pay for street , drainage , and other improvements in Subdivision No. , as per man now being filed with the County's F.ecorder, and to complete said work within 6 NE year(s) from the effective date of said Contract , all in accordance with State and local laws , rulings thereunder and the subdivision contract . 3. CONDITION. If the Principal faithfully performs all things required of him according to the terms and conditions of said contract and improve- ment plan and improvements agreed on by him and the County, then this obligation as to Section 1-(A) above shall become null and void, except that the guarantee of maintenance continues for the one-year period; and if he fully pays the contractors , subcontractors , and persons renting eauipment or furnishing labor or materials to them for said work and improvement , and protects the premises from claims of such liens , then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full Force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code §2819 , and holds itself bound without regard to and indeuendently of any action against principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attorney fees fixed by court to be taxed as costs and included in the Judgment . ' SIGNED AND SEALED on IJIL-4 Z, 117 ALBERT D. SEENO CONSTRUCTIGI\ Co. SURETY ' P R I N C I P A L a limited partnership ALPERT D.SEENO CONSTRUCTION C.D.. INC. /� a COM- and general partnrr 00 )VQN`f.;`r By. ar' y �L.? State of California ) County of ) ss ' (ACRNOT'LEDGMENT BY SURETY) On the person(s) whose name(s) is/are signed above for Surety and who is known to me to be the Attorney(s)-in-Fact for this Corporate Surety , personally appeared before me and acknowledged to me that he/they signed the Name or the Corporation as Surety and his/ their own name(s) as its Attorney(s)-in-Fact . Notary Public for said County and State (Imp. Sec. Bond, CCS .Sf,7. Form) (HP-I5;Rev. 5- 72;1 1110) SAFECO INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA HOMEOFFICE: 4347 BROOKLYN AVE. N.E., SEATTLE, WASHINGTON 98105 POWER OF ATTORNEY No. 1124 KNOW ALL MEN BY THESE PRESENTS: That General Insurance Company of America and Safeco Insurance Company of America, each a Washington corporation,does each hereby appoint ---------------------CARL H. KUHN, San Francisco, California------------------------ its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, General Insurance Company of America and Safeco Insurance Company of America have each executed and attested these presents this 8th day of August , 19 72 W.O.HAMMEFISL A•SECRETARY GORDONH.SWEANY.PRESIDENT CERTIFICATE Extract from Article VI,Section 12,of the By-Laws of General Insurance Company of America and of SAFECO Insurance Company of America: "Article VI, Section 12,.— FIDELITY AND SURETY BONDS . ..the President,any Vice President,and the Secretary shall each have authority to appoint individuals as attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business . - . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of General Insurance Company of America and of SAFECO Insurance Company of America adopted July 28, 1970: "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i)The provisions of Article VI,Section 12 of the By-Laws,and (ii)A copy of the power-of-attornev appointment,executed pursuant thereto,and (iii)Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." 1, Wm. Hammersla, Vice President and Secretary of General Insurance Company of America and of SAFECO Insurance Company of America, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power-of-Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power-of-Attorney are still in full force and effect. IN WITNESS WHEREOF,1 have hereunto set my hand and affixed the facsimile seal of each corporation this 0040ow'*-day of_ . 19 s!l�cE 60p�'♦ �S'1 Po ��o�, W SEAL A a SEALab a� W O MAVVERyA,:FCNE TRAY 192 a� J> 1953 fill E OF WASN�� 5-974 R3 4/72 PRINTED IN U.S.A. EDWARD W.LEAL ALFRED P.LOWELI County Treasurer-Tax Collector Assistant County Treasurer- ' TAX COLLECTOR'S OFFICE Tax Collector First Installment of Taxes CONTRA COSTA COUNTY First Installment of Taxes Do Due and Payable Delinquent on the First Day of November MARTINEZ. CALIFORNIA on the Tenth Day of December ------------- _____________ Second Installment of Taxes Phone 228-3000.Ext.2385 Second Installment of Taxes Due and Payable Delinquent on the First Day of February Jul;' 5, 1973 on the Tenth Day of April IF THIS TRACT IS NOT FILED BY OCTOBER 31, 19 73 , THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: TRACT 1110. 4465 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1972-73 tax lien has been paid in full. Our estimate of the 197, 3-7,L tax lien, which became a lien on the first day of March, 1973 is $ 6,000• . EWARD W. LEAL Tax Collector BY. dl FILED �- /7- 7 3 W. T. PAASCH MEW 80M CF WKRVISORS RA TA COUN y evUty STATE OF CAL I FORD I A } } S5 UNT`.' ^ CONTRA COSTA } uthis ---2ND }ay of ,]itT.Y 19 _y3_, before me. SUE ROCHELLE a_ 'otary,I Public in and for said counts y and state, ner-,anally -. peared ALSERT D. SEENIO, J=:., .Aoun To me to be the Vice-?resi•sant of the torpor'T ion that e:;ecuted the within i nstrumen on behalf of said corporation, said corporation beinq known to me lro be one of the partners cf ALBERT D. SEENO CONSTRUCT IC': CO., the aartnership that executed she within instrument and acknowledged to me t>)3; torpor.-:~-iron eyeruted the sane as such partner and that such irl-ni)rsh i p execu:`ed `n- 0MCIALSEAL SUE ROyHCLLE .;, NOTARY PUBLIC-CALIFORNIA! CONTrA COSTA COUNTY } +-'-- MyCommissionExpiresreb.26,2976 I Notary 'ub I i c ----" SUE ROCHELLE Ea11 ACKNOWLEDGMENT BY SURETY STATE OF CALIFORNIA 1 ss. County of San Francisco 1 On this 2nd day of July 1973 ,before me, M.W. Benning , a notary public in and for the State of California with principal office in the County of residing therein,duly commissioned and sworn,personally appeared Carl H. Kuhn known to me to be the person whose name is subscribed to the within instrument as the attorney-in-fact of the Safeco Insurance Company of America , the corporation named as Surety in said instrument,and acknowledged to me that he subscribed the name of said corporation thereto as Surety,and his own name as attorney-in-fact. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal,at my office in the aforesaid County, the day and l!,,ear in this certificate first above written. ? If fill 1111111tttltIL M.V. BENN'ItiG = Pllr31_1C • C41.1FORNIA Notary Public CITY(/� ow,TY OF _ MY Comlo!SSIO>t CKPIHF:s S•AR"'A -?. 1577 S-1157 si�auttttttutmtssrttrrusuunuttterttrtutust`tetnoiit u RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO NAME r STREET ADDRESS CITY STATE ZIP L J SPACE ABOVE THIS LINE FOR RECORDER'S USE F1 L id ® SAFECO INSURANCE COMPANIES � �-17- -7:3 SAFECO INSURANCE COMPANY OF AMERICA CLERK DOARD CF SUPERVISORS GENERAL INSURANCE COMPANY OF AMERICA CONTRA COSTA OUN v FIRST NATIONAL INSURANCE COMPANY OF AMERICA £y (t HONIE OFFICE 4337 BROOKLYN AVE.N E..SEATTLE.I.ASHINGTO`:981(', ...•`- J�F^��% Bond NO. BOND FOR PAYMENT OF TAXES IN SUBDIVISION OF LAND lW WALL MENBY THESE PRESENTS, That we, as Principal , and SAFEUb IN RANCE COMPANY OF AMERICA as Surety, are held and f y,bound unto the County of State of California,in the penal sum of Dollars($ ) for payment of which sum, well an Me, we Gina ourse ves,our heirs,executors,successors and ass' jointly and severally,by these presents: T CONDITION F Tff6yA&Q9E URI SUCH, That WHEREAS, the said AQ. the owner of a tract of land representing a certain sub4lvisiontf real estate,to- t Trap No. , intend_ to file a map thereof with the County Recorder of ra, County. AND WHEREAS, the provisions of the State law require that this bond be filed with the Board of Supervisors of said County. NOW THEREFORE, if the said Principal shall pay, or cause to be paid, when due, all taxes,and all special assessments collected like taxes, which at the time of filing said map,are a lien against such subdivision,or any part thereof,but not yet payable,then this obligation shall cease and be void,otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, sai Princip and said Surety "B1RTe6 i(SEW0 t SI T( �als this Z~"� day of 193 8 limited partnersh•p �` BY. ALURT D.SEENO CONSTRUCTION C-J.. I,-.0 Premiua CP- and general partner m '��> Prin pal NOTE: All signatures,both Principal and Surety, By M must be acknowledged before a notary public. SAFECO CE COMPANY OF AMERICA By Attorney-in-Fact ACKNOWLEDGEMENT BY SURETY STATE OF CALIFORNIA County of ss. On this day of ,before me, , a notary public in and for the State of Califomia with principal office in the County of residing therein,duly commissioned and sworn,personally appeared la:own to me to be the Artomey-in Fact of SAFECO IA'SUR NCE COMPANY OF AMERICA, the corporation that executed the within instrument,and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,1 have hereunto set my hand and affixed my official seal at my office in the aforesaid County, the day and year in this certificate first above written. Notary Public S-1082 RI 10/72 PRINTED IN U.S.A. SAFECO.INSURANCE COMPANY OF AMERICA GENERAL INSURANCE COMPANY OF AMERICA , HOME'OFFICE: 4347 BROOKLYN AVE, N,E., SEATTLE, WASHINGTON 98105 POWER OF ATTORNEY No. 1124 KNOW ALL MEN BY THESE PRESENTS: That General Insurance Company of America and Safeco Insurance Company of America, each a Washington corporation,does each hereby appoint ---------------------CARL H. KUHN, San Francisco, California------------------------ its true and lawful attorneys)-in-fact,with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business,and to bind the respective company thereby. IN WITNESS WHEREOF, General Insurance Company of America and Safeco Insurance Company of America have each executed and attested these presents this Rrh day of August , 19 72 . W.O.NAMMERSEA,SECRETARY WgpON N.SXEANY,PRESIDENT CERTIFICATE Extract from Article VI,Section 12,of the By-Laws of General Insurance Company of America and of SAFECO insurance Company of America: "Article VI,Section 12,— FIDELITY AND SURETY BONDS ...the President,any Vice President,and the Secretary shall each have authority to appoint individuals as attotneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business . . . On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;provided,however,that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract fru;n a Resolution of the Board of Directors of General insurance Company of America and of SAFECO Insurance Company of America adopted July 28, 1970: "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i)The provisions of Article VI,Section 12 of the By-Laws,and (ii)A copy of the power-of-attorney appointment,executed pursuant thereto,and (iii)Certifying that said power-of-attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile,and the seal of the Company may be a facsimile thereof." 1, Wm. Hammersla, Vice President and Secretary of General Insurance Company of America and of SAFECO Insurance Company of America, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations, and of a Power-of-Attorney issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power-of-Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of each corporation this it �t--riay of l9 ti MUTE f� W SEAL a. SEAL S W.D NAMwEAsEA,SECAE rARY 192 ad> 1953 f(wFOF WASN��G 5-974 R3 4/72 PRINTED IN U.S.A. F IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA January 27 , 1975 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4497, Alamo Area ) Deposit: $500 j Auditor's Permit No. 109972 ) Dated July 30, 1073 j Refund to: ) Linton, Palia and Mein,Developers) 897 MacArthur Boulevard ) San Leandro, California 94577 ) On December 26, 1973 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. The foregoing order was passed by a unanimous vote of the Board. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 27th day of January , 1975 CLERK cc : Public Works (2) J . R. OLSSON, Subdivider By Q,i , Deputy Clerk Nancy S Ortega In the Board of Supervisors of Contra Costa County, State of California January 22 19 7 In the Matter of Approving Cash Refund in Connection with Subdivision 4497, Alamo Area. The Board on December 26, 1973 having accepted as complete the construction of improvements in Subdivision 4497, Alamo area, with the exception of minor deficiencies, for which a $50 cash bond was deposited; and The Public Works Director having reported that said deficiencies have been corrected; On motion of Supervisor A. M. Dias, seconded by Supervisor J. P. Kenny, IT IS BY THE BOARD ORDERED that the Public Works Director is AUTHORIZED to refund to Linton, Palia, Mein Developers the $50 cash deposit as evidenced by Deposit Permit Detail Number 113425 dated December 19, 1973. The foregoing order was passed by the following vote: AYES: Supervisors J. P. Kenny, A. M. Dias, W. N. Boggess, E. A. Linscheid, J. E. Moriarty. NOES: None. ABSENT: None. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the mkwW of said Board of Supervisors on the date aforesaid. c c: Auditor Witness my hand and the Seal of the Board of Public Works Supervisors Subdivider affixed this 22nd day of January , 19 -714. JAMES R. OLSSON, County Clerk By 1"--, ) c_ //z1z-tU--'j-/' Deputy Clerk Helen C. Marshall H 24 5/73-15M A Clerk,. Board of Supoisors • gpp�;71 Room 103, Administration Bldg . � 1Qj� RECORDED A Martinez DEC 31 1973 AT :3,D 0, cK EC �M• COWNA Cog#,cow+n RECO" 1. R. OLSSON COUWn RecoaoER IN THE BOARD OF SUPERVISORS IFEE OF iCONTRA COSTA COUNTY, STATE OF CALIFORNIA J In the Matter of Completion of ) Improvements and Declaring } Certain Roads as County Roads, ) RESOLUTION NO . 73/IOOS Subdivision 4497; Alamo Area. ) 'y?HERF.AS the Public Works Director having notified this Board that, with the exception of minor deficiencies (for which a $50 cash bond - Deposit Permit Detail No. 113425 dated December 19, 1973 - has been deposited to insure correction of said deficiencies) construction of imnrove:nents have been completed in Subdivision hL497, Alamo area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of estab- lishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Ar✓reement 4497, Alamo area August 7, 1973 (United Pacific Insurance Company - Bond No . U 76 03 13) BE IT FURTHER RESOLVED that the X500 cash deposit as surety (Deposit Permit Detail No . 109972 dated July 30, 1973) be RETAINED for one year pursuant to the requirements of Section 94-4-406 of the Ordinance Code as an, BE IT FURTHER RESOLVED that the hereinafter described roads, having been heretofore dedicated to public use by the filing of man in the office of the County Recorder, be and the sarae are accepted and declared to be County roads of Contra Costa County: DANIEL DRIVE - (321/52/0.16) C AXILLi. AVE1 UE- WIDE?dING as shown and dedicated for public use on the map of Subdivision 4497 filed August 9, 1973 in Boob 161 of Haps at Page 24;, Official Records of Contra Costa County, State of C -lifornia. PASSED AND ADOPTED this 26th day of December, 1973 by the following vote of the Board: AYES: Supervisors J. F. Kenny, .1. 11. Boggess, ,q�f E. A. Linscheid, A. 1.1. Dias. NOES: done. ABS=;T: Supervisor J. B. Moriarty. \. cnrret t coio� G' •'s' . ,r ,.� '; i; en ii,e jr. m efflc-,". cc: Recorder , ado;--,t:' b� Board of Public Works of Co' r'ot:^t.. :: :;nrnia, on ci. nlra 3,�,... C Subdivider Vv^C, 7. Shown. ATTEST: VLSSt7::. County RESOLUTIOi: im . 73, � Clerk of<ald Board of$uperi ors. r ENO OF DOCUMENT IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Natter of Completion of ) Improvements and Declaring ) Certain Roads as County Roads, } RESOLUTION •NO . 73/1005 Subdivision 4497, Alamo Area. ) ) WHEREAS the Public 1-forks Director having notified this Board that, with the exception_ of minor deficiencies (for which a $50 cash bond - Deposit Permit Detail No. 113425 dated December 19, 1973 - has been deposited to insure correction of said deficiencies) ` construction of improvements have been completed in Subdivision 107, Alamo area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map: J NOT, THEREFORE, BE IT RESOLVED that the improvements in the followinc subdivision have been completed for the purpose of estab- lishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement i 4497, Alamo area August 7, 1973 Gv t (United Pacific Insurance Company - Bone No. U 76 03 13) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Deposit Permit Detail No. 1.09972 dated July 30, 1973)1 be RETAINED for one year pursuant to the requirements of Section 94-4.406 of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be County roads of Contra Costa County: DANIEL DRIVE - (32/52/0.16) C.41,ILLS AVEITU E '•,'IDENING as shoim and dedicated for public use on the map of Subdivision 4497 filed August a, 1973 in Boo's 161 of daps at Page 24, Official Records of Contra Costa County, Stutz of Cplifornia. PASSED AND ADOPTED this 26th day of December, 1973 by the following vote of the Board: AYE'S: Supervisors J. P. Kenny, * 1T. Boggess, E. A. Linscheid, A. ii. Dias. NOES: None. ` ABSMTT. Supervisor J. E. i"oriarty. -110 ti:.. a1. ... : uo• ,. tr. ,t-C^.T�¢t rrllc u•` ill Mr office i. _ n;+,t•d .l a:In,r,,;i r•. rile Board cc: Recorder :apera r...='of (.'f,r,;.. r`: ra t . t,•. California,Cifoz: Public .'forks t,.a.: .'!;ua:n `+ Ej. . .i, it. UI,c50.':. Counfv Subdivider n` 73/1 Oo5 i RESOLUTION iIO . � � •� ct'i�"k4L:��1..K� ... ' y IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 4497, Alamo Area. ) RESOLUTION N0. ?3/599 ) ) WHEREAS a map entitled Tract 4L97 , property located in the Alamo area , having been presented to this Board for approval'Isaid maphaving been certified by the proper officials, • and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the current 1972-1973 tax lien has been paid in Hill, and the 1973-1974 tax lien, which became a lien on the first day of March, 1973, is estimated to be $4,600; Letter fro^ '[-,ha ?ubiic jor :s Director stating "hat said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required-,by Divi- sion 4, Title 8, of the County Ordinance Code; Surety Bonds issued by United Pacific Insurance Company • with Tam Linton, Al Palia and Edward 14ein as principal, as foilows: Bond No. U 76 03 12 in the amount of $24,400 for Faithful Performance, and $24,900 for Labor and Xaterial3; Tax Bond No-- U 76 03 13 in the amount of $4,600 guarantee- ing payment of estiaated 1973-1974 tax; Cash deposit (Auditor's Deposit Permit No- 109972 dated July 30, 1973) in the amount of $500; Toa Linton, Al Palia and Subdivision agreement between Edward Mein subdivider and the County of Contra Costa, wherein said subdiv- ider agrees to complete road and street improvements, etc. , in said subdivision within-- -I 3�ear from the date- of said agreement; _ o .r .t RESOLUT11i0. 73/599 Form rr23; 70-4-500 WOWS' THERE ORE, BE IT RES OLV ED that said bonds and deposit and the amounts thereof be and the saws are hereTy APPROVED. BE IT FURTHiM RFSOL«D that said subdivision agreement be and . the sama is hereby APPROVED and the _Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said reap be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements sbown thereon as dedicated to the public. ` PASSED AND ADOPTED this-?th —day of Auault 19�, by the following vote of the Board: AYES: Supervisgrs J. P. Kenny, W. H. Boggess, E. A. Linscheid, A. K. Dias. a s ' None-. ABSENT: Supervisor Z. E. Moriarty. cc: Public Works Planning - Subdivider T. Linton, A. Palia, E: Mein 897 MacArthur Boulevard, Suite 102 San Leandro, California , a - - MOLDTION NO, 73/599 a . Form W23; 70-4=50 CEATIFIKU COPY I certify that tt:is is a full, true do correct copy of - • We orizzinal document which is on file in my office. and that :L'tvas passed & adopted 1:6rt-`te Hoard-of Supenti1;ors of Contra Costa County. California, a, a we elate sho vm ATTEST: W. T. FAASCK County ..jerk do ex-officlo clerk of said Board of supaMsave Dy deputy clerk.. . r PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY DEPUTY PUBLIC WORKS DIRECTORS PUBLIC WORKS DIRECTOR 6TH FLOOR. ADMINISTRATION BUILDING R. D. BROATCH F. R. BROWN CHIEF DEPUTY PUBLIC WORKS DIRECTOR MARTINEZ. CALIFORNIA 44553 VERNON L. CLINE TELEPHONE 228.3000 R.M. RYGH (RM. 115 COURT HOUSE) August 7, 1973 HP - Subdivision 4497 Honorable Board of Supervisors Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 4497 in Supervisorial District V in the Alamo area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one-year time limit for com- pletion is August 7, 1974. 2. Performance Bond, in the amount of $24,400. This Bond, together with a $500 cash deposit (Auditor's Receipt No. 109972 dated July 30, 1973) is to guarantee completion of road'and street improvements as required by the County Ordinance Code. 3. Labor and Materials Bond, in the amount of $24,900. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1973-74 tax, which became a lien on the first Monday of March, 1973, is estimated to be $4,600. S. Tax Bond, in the amount of $4,600, guaranteeing payment of estimated tax. The map is submitted for filing by Title Insurance & Trust Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. Very truly yours, VICTO S_A Pu is Wor s irector )ea� ��yy��t��.v'�,�1yy's(r,� rP'A��7 E. Kilkenny iw ' =*1X Assistant Public Works Director CPB:fa Highway Planning cc: Title Insurance & Trust Co. Planning Dept. Construction Division CA°rte, sa afie%5 and {c ,pose 1 Q o\\c`e Peer acKno'K a�`e as 1 ss- Notac q to be to N� and oar r P o e,s`g ed r toPXA6 COQ and n Lne,the 1G .as S' o{ca��{o<r`a GZ,$� beto�e 1��OPp.NG�GpMeA ,,,,,,,eF N9 / act 0.uN`NSVF�P County°k 0 Pttrtre �Q gPC��`c S�yY 3 c�r`ert a�,e o{UN � ca nc4 u st a jot �d . Or ra1�y aPPoe pe��ctlbed to he 5� =%t NotacV sib oe that r F act. , VAtto�rey'` ;s 1ti� � N9 �f 9-1 COV �7r'r • ....._ ?5765'.iT.`r.'3?� ... - .. ... .., -... _ Bond No: U 76 03 12 Premium $374.00 SE CURIT v BOND (Fai t.7.'J,U Pa»,"o r.;:ar_ca c ::aintenance, A:ID Labor & Materials) (CcZi.". Bus. & Prof. Co--7e §ZZ6Z2; Cortrw Costa County Standard Form) Z. 0B L I G A_IO:,. (Pri.ncipaZ)T0K LINTON, AL PALIA, AND EDWARD-MEIN as Principal, and &uraLy UNITED PACIFIC INSURANCE COMPANY a corporation organized and existing under the 1`:rs of the State of WASHINGTON and authorized to transact Surety business in California, as Surety, hereEy jointly and severally bird ourselves, our heirs , executors , administrators, successors and assigns to the County of Contra Costa, California, to pay it: (A - Faithful PeY'fc=-- !cilce & Ila ntenance) TWENTY FOUR THOUSAND FOUR HUNDRED AND N0/10OTHS ----------- Dollars ($ 24,400.00 ) for itself or any City-assignee under the below-citep subdivision contract, plus (B - Labor Materials) TWENTY FOUR THOUSAND NINE HUNDRED AND NO/100THS --------------Dollars ($ 24,900.00 ) for the benefit of persons protected under Cal. Bus . &Prof.Code §11 12. 2. RECI!4LS. The Principal contracted with the County on to install .grod pay for street, drainage, and other improvements in Subdivi- sion No. 4777 , as per *yap no,.., being filed with the County's Recorder, and to complete said workwithin ONE from said date, all in accordance with State and local laws , rulings thereunder and the subdivision contract. 3. C0:IDI^I0I7. if the Principal faithfully performs all things required of him according to the terns and conditions o= said contract and improvement plan and imorovem:,ents agreed on by him and the County, - then this obligation as to Section 1-(A) above shall becomie null and void, except that the guar- antee of maintenance continues for the one-year period; and if he, fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to thein for said work and improvement, and protects the premises from claim^ms of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect . No alterat—ion of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve'any Surety from lia- bility on. this bond; and consent is hereby given to ;Hake such alterations without further notice to or consent by Surety; and the Surety hereby *naives the provisions of Calif. Civil Code §2$15, and 'holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond Surety will pay reasonable attor- ney fees fixed by court to be taxed as costs and included in the judgment. SIGNEI'D AND SEALED on JULY 30 1973 � a PINCIPA SURETY UNITED PACIFIC INSURANCE COMPANY ByQ, EDWAU MEIN R.L. ZIELIN , I KY-TN- ACT N. ? :r is i' : » x .. is 4. ,State of Ca fornia ) ss. County of ) (ACK.70;,1LEDG.!EiV2" B; SURETY) 0:1 � 1 l-t� ! , the persons) whose name(s) is/are signed above fo Su2'_ „d `..`lo ±s kno—.-,n ,;o me to be the Attorneys)-in-Fact for this Ccri)orate c l:'cty Lersor-lly appeared e ore me and :.ckno471ed-ed to mile that he/they sinned ^2 e of the CorJO^GtiOn as Surety and iris/their own name(s) as its iItzor ne-y(s)-in-'act. IvOt3ms►u1N�i1131+�d+lRlOt]tl:t3+8tLQlllijmllttiLy and State (Imp. Sec. Bona, CCC Std. Form) = OFFICIAL SIi,1L (un-ZS • ?6v. 6-67 • 2CC) _ ��' RUTH J. HOLDER ' t- '40i:.i{r 1,110 C-0. 11111ItlIUI(t/tam:at::aail'ilN t/11 Uittuull....11 t11 EDWARD W. LEAL • ALFRED-P.LOMELI COUNTY TREASURER-TAX COLLECTOR Assistant County Tr/assn@r-Tax Collector PHONE 228-3000 EXT, 1485 TAX COLLECTOR'S OFFICE FiMSTUE AND IATA/LALLrENT GLE TAI[{ DUE01 CONTRA COSTA COUNTY rtnfT tNSTAttr[wT Or TA[[/ ON'TN( FIRST DAY Or NOV[r/[/ D(LINaU(NT - - S[rDNU INSTALLMENT OF TAE[S MARTINEZ. CALIFORNIA ON THE TINT« DAF OF DEc[r/EN nUF AND IFATASLE SECOND tNSTALLwr•.r OF TA/[S ON THE FIRST OAT OF F(/IIUAIIT May 1973 D(LtNaurkr JJ ON TME TENTH DAT OF APQIL IF THIS TRACT IS NOT FILED BY OCTOBER 31, 1973s THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: TRACT NO. 4497 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1972-73 tax lien has been paid in full* Our estimate of the lg` tax lien, which became a lien on the first day of March, 1 Q7,i , is $4,600.00 ELWARD W. LEAL, Redemption Office By: / dl LFI LED F-�-73 . T. PAASCH BOARD CFSl1PEpViSORS RA COSTA C�7tt✓r r state Of OaJ C°cnt ifornja Yof On S to /ry a , �' Oxs� 1 pear 9tto�e that tp the ea neY it �n'pa he S46�n'nstr �rC 1 ct drib Uwe ?3 MenaIq rnae of tto nez $re r)7,ONiTF n paOf ot kI the un 4�1 6 My Cp�rh f�ion pqCi CFn�r �Vo a oU t$t e jr Uqq CfFfC n t Lark p 8 ,s :` NCEC iNsOMp4O ° me pblrp . gN=.F tO be the ally f as OIDL'rsbmid tJretk, Nq, 17 ar'Q'h nda p se na Fy \ kno&vr '�e is Okun na eCl9ed as prdrYpVb/'c'�� d forAV sa C0 ntY Bond NO. U 76 03 13 Premium $46.00 BOND AGAINST' TAXES KNOW ALL MEN BY THESE PRESEir T S : THAT TOM LINTON, AL PALIA and EDWARD MEIN as principal and UNITED PACIFIC INSURANCE COMPANY 1 as Surety are held and firmly bound unto the County of -Contra Costa, '� , i, ,� s • FOUR THOUSAND, SIX HUNDRED State of California, in -the penal Lai of --------------------------------- Dollars 4,600.00 ) to be paid to the said County of Contra Costa, for the payment of which we and each of us bind ourselves , our heirs , executors , adminis- trators , and successors, Jointly and severally, firmly by these presents . SEALED with our seals and dated this 30TH day of JULY 19 73 The conditions of the above obligations are such that WHEREAS, the above bounded principal is about to file a Map entitled SUBDIVISION 4497, CONTRA COSTA COUNTY, CALIFORNIA and -covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes , against the said Tract. of land covered by said Map, which taxes and special assessments collected as taxes , are not as yet due or payable. Now, therefore , if the said TOM LINTON, AL PALIA and EDWARD MEIN shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said ;-fap at the time of the filing of said M.ap of said Tract , then this obligation shall be void a a of no effect. " Otherwise , it shall remain in full for d effe 1 UNITED PACIFIC INSURANCE COMPANY B BX. ZIELINS , Surety ATTORNEY-IN-FACT STATE OF CALIFOR? :IA ) ss. COUNTY OF CONTRA COSTA) Surety named in the foregoing bond, being duly sworn, each for himself says : That he is a freeholder and resident within said State and is worth the said sura of Dollars , over and above all his debts and liabilities , exclusive of property exempt from execution. F I LF D Surety . `"g• T. FAA Subscri" ed and sworn to before re UrERVI CLEF.K BOARD CF SU�ERwSCIS th' s day of 1 gVTRA :)S--% (JOt1�iTV 19 �_ C 6��iy enuuulnnnitauuuuanuunnunnuunnnun OFFICIAL SL AL RUTH J. HOLDER - • - j + N AWr ttic::t LAttrjRNtA Notary Public Y�:> n:.�.:..__ . ..c ur:1r - ":. Qt:t.12.1375 -_ Iltll/11111(llll:ii:;iflt:tii1fi71flf1lt li ll/Itltllltllitlt SrrRn-ryTSrnr,j A(:RFRmRmT ICI ) c»hrii iri.ci nn • 4497 F . Tam T,_,,I.L. __ &7 r. J- r ( .1) Subdivider: ,j-,-' Fal tv. & 2'. . Code S§G-G6GG-G2) I � ;1 Effective Date: August , 1973 (Contra Costa County (§l) Completion Period: Standard Form; 8-67) (§4 ) Deposits: A. (cash) 500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $24,400.00 2- (labor,materials)$Z4,9UU.UU . Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County", and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs, fire hydrants , and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved imorovemert plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements (hereinafter called "work" within the above completion _period from date hereof as required by the Calif. Subdivision lap Act (Business & Professions Code H11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Cuarantee & Pfaintenance. Subdivider guarantees that the work is and will be free from defects and :.ill perform satisfactorily in accor- dance with County Ordinance Code §8429; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Improvement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs. Code §11612, deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . : . . . . . B. Bonds, etc. : (I - Faithful Performance) additional security for at least the above-specified ammount, which is the total estimated cost of the work less $500, in the form of a cash deposit, a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec tive workmanship or ;materials or any unsatisfactory performance ; plus (2 - Labor & I:aterials) another such additional security in at least the above-specified amount, t:hich is the full amount of said estimated cost , securing payment to the contractor, to his subcontractors , and to pe ons renting equipment or furnishing labor or materials to them or to he Subdivider. 5. Varrantu. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as promiced in Section 2 ; and if, at any time before the County's resolution of :ompletion for the subdivision, the improvement plan proves to be inad�-4jate in any respect, Subdivi- der shall make changes necessary to accomplish the wort: as promised. -1- 'U. 'ITV OLL'6"VCZ' 7J t� L•J I:Tt L.V, +.+au va.. .vl.vtz vl t+ttC '17 V1•�l. G114.t/Vt' -1f1�LC L=CL 1.5, or at)prot:a l of *•,ori. a-�r'r /cr at='i al c i»cr+n ni-n�7 n» of oj-orrc ra4 T�tr on:• .rte prov. .... ....�.. ..... r ..� ...........� r......0 .... .,..v v....., v. uvv.v .♦.:�asv uJ ua.J .. officer, agent or emn_o; ee of the County indicating the work or any part thereof complies with the recTu_rements 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 de�� of his obligation_ to fulfill this contract as prescribed; nor shall the County be thereby estopped from bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall :Hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards, com-missions , officers, agents and employees ; B - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , actions) or other proceeding(s) concerning these; C - The actions causing liability are any act or omission. (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s ) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters. 8. APPLICATION OF ENVIRO`MENTAL IMPACT REQUIREMEWS. By approving and executing this Agreement, Contra Costa County does not certify that the subject Subdivision is in compliance with the recent decision of the California Supreme Court in the case of "Friends of Mammoth vs. County of Mono". By executing this agreement, Sub- divider agrees to save- and hold harmless the County from any and all legal action that may be brought because of the aforementioned decision and agrees to defend any such action brought against the County. Subdivider further recognizes that he may be required, during the tenure of this a agreement, to comply with all rules and regulations which may be promulgated to implement the aforementioned decision. 9. COSTS. Subdivider shall pay when due all the costs of the work, including i4r spections 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 County Road Commissioner-Surveyor. 11. INONFERFOR,Nl:INCE jW COSTS. If Subdivider fails to complete .the work and improve- ments within the time specified in this agreement -or extensions granted, County may proceed to complete thea by contract or otherwise, and Subdivider shall pay the costs and charges therefor immediately upon demand. If County sues to compel per- formance of this agreement or recover the cost of completing the improvements. Sub- divider shall pay all reasonable attorneys' fees, costs of suit, and all other ex- penses of litigation incurred by County in connect;on therewith. 12. ASSIG`:`.ENT- If before County accepts these improvem-pts, the subdivision is anncx�d to a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. -?.- - r t t 13. RECORD IMP. In consideration hereof, County shall allow Subd'vi er Lo f1'�e and record said subdivision. map, „ Subdivision 4497, Contra Costa GOun ye, California Subdivider: vJ —TOR LINTON (owner) L/ XL FALTA owner -EDWARD MEIN owner COUNTY 0 CO NT ,c SUBDIVIDER: (see note below) By Chai and o crs By ATTEST: W. T. PAASCH, County Clerk Designate official capacity in the & ex officio Clerk of the Board business) 8y 1 � C � trate to SQbdivi.dor: (1) Execute Deputy ackno.to lodgment form beloal; and (2) If a corporation, attach a certified copy of (a) the bylaws FORM APPROVED: JOHN B. CLAUSEN or (b) the resolution of the Board County Counsel of Directors, authorizing execution of this contract and of the bonds required By maw- hereby. Deputy +r • w f •� � ews �► sa +► f • w • ,r • � • afsf • • a � • � • s * • • • • ♦ • moi • • ; State of California �` ) ss. (Acknowledgment by Corporation; County of SArArA A ) Partnership or Individual) On Ju 7 arrA , the person(s) whose name(s) is/are signed above for Subdivider land who)-is known .to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed it. V. Louise Vigil Notary Public for uaid County and State (Subdiv. Agrmt. CCC Std. Form) (HP-9; Rev. 9-69; 200) OFFICIAL SEl1L' _ V. LOUISE VIGIL NOTARY PUKIC.CALIFORNIA V ALAMEDA COUNTY 87 Cwml22iw ExPrIS Aug.31.1l73 In the Board of Supervisors of Contra Costa County, State of California Julv 2 1973 In the Matter of Approving Recommendations of County Government Operations Committee on Appeal of Linton, Palia, Mein, Developers with Respect to Subdivision 4497 , Alamo Area. The Board on June 25, 1973 having referred to its County Government Operations Committee (Supervisors E. A. Linscheid and J. P. Kenny) the appeal of Mr. Tom Linton, Linton, Palia, Mein, Developers, from administrative determination of the Public Works Department with respect to requirements for drainage of storm waters originating within Subdivision 4497 , Alamo area; and Supervisor Linscheid, Chairman of the Committee, having submitted a report dated June 26 , 1973 recommending that the developer install drainage facilities as shown on the improvement plan for Tract 4497; that the developer deposit with the county his share of the cost of a future area drainage facility, said share to be in an amount to be determined by the Public Works Director of not less than $3 ,500 or more than $4,500; and that the Board grant a specific one-time exception to the provisions of Paragraph IV (a) of Board Resolution 5539 dated September 20, 1966; On motion of Supervisor Linscheid, seconded by Supervisor Kenny, IT IS BY THE BOARD ORDERED that the recommendations of its County Government Operations Committee are APPROVED. The foregoing order was passed by the following vote: AYES: Supervisors J. P. Kenny, J. E. Moriarty, W. N. Boggess, E. A. Linscheid, A. M. Dias. NOES: None. ABSENT: None. 1 hereby certify that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of cc: Mr. Linton Supervisors Public Works Director affixed this 2nd day of Julv , 19 73 Planning Director W. T. PAASCH, Clerk Countv Counsel County Administrator By'4Deputy Clerk orot v A. Harkness H 24 7/72-15M PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY DATE: June 26, 1973 TO: County Government Operations Committee (Supervisor Edmund k. Linscheid, Chairman (Supervisor James P. Kenny) FROM: Victor W. Sauer, Public Works Director SUBJECT: Subdivision 4497 Following up direction from the Board of Supervisors at the meeting of June 25, 1973 vie have continued our discussion with Mr. Linton and his associates. We have agreed that it would now be appropriate for your Committee to consider the following recommendation for Board approval at the meeting cheduled or , , A! cw .L, a2 au 9, 1. The developer to install drainage facilities as shown on the improvement plan for Tract 4497• 2. The developer to deposit with the County his share of the cost of a future area drainage facility. This share is agreed to be not less than $3,500 or more than $4,500. The Public Works Director to be author— ized to agree to a final amount between these limits after further study. 3. The Board of Supervisors to grant a specific one time exception to the provisions of paragraph IV (a) of Board Resolution 5539, dated September 20, 1966. VTtiS:cal ��EIVED cc County Counsel PlanningDepartment W A " H P CLQ O OF SUPER ISORS Highway Planning Division O AcOST OY - Deputy July 2, 1973 Items 1 , 2 and 3 constitute the recommendations of the County G=rnmendt0u.',erations Commi ee on this matter. P t;IA AAA_ upervisoeE. A. Linscheid Su`pervis ny ie (� I ill• - _. _... ......_. _.... /.: r PUBLIC WORKS DEPARTMENT CONTRA COSTA COUNTY DATE: June 26, 1973 TO: County Government Operations Committee (Supervisor Edmund k. Linscheid, Chairman) (Supervisor James P. Kenny) FROM: Victor 11. Sauer, Public Works Director SUBJECT: Subdivision 4497 Following up direction from the Board of Supervisors at the meeting of Jure 25, 1973 we have continued our discussion with Mr. Linton and his associates. We have agreed that it would now be appropriate for your Committee to consider the following recommendation for Board approval at the 6Qacji1 meeting scheduled for T tine 29, 1. The developer to install drainage facilities as shown on the improvement plan for Tract 4497• 2. The developer to deposit frith the County his share of the cost of a future area drainage facility. This share is agreed to be not less than 33,500 or more than $4, 500. The Public Works Director to be author— ized to agree to a final amount between these limits after further study. 3. The Board of Supervisors to grant a specific one time exception to the provisions of paragraph IV (a) of Board Resolution 5539, dated September 20, 1966. V;3S:cal j� J R _ cc County Counsel ECED` Planning; Department High,.-.,ay Planning Division Jai; f;�51 V Clerk of the Board W. PAASCH �I CLERK 60 4r 5UY�RVISOR3 By C ^T ..0 Deputy w i In the Board of Supervisors of Contra Costa County, State of California June 2 5 19 73 In the Matter of Hearing on Appeal of Linton, Palia, Mein, Developers with Respect to Subdivision 4497, Alamo Area. This being the time fixed for a hearing on the appeal of Mr. Tom Linton, Linton, Palia, Mein, Developers, San Leandro from administrative determination of the Public Works Department with respect to requirements for drainage of storm waters originating within Subdivision 4497 , Alamo area; and Mr. Linton having appeared and explained that a storm drainage requirement had been deleted by the Planning Commission from a list of 21 conditions recommended by county staff as necessary for approval of aforesaid subdivision; and Mr. Linton having advised that regardless of the Planning Commission action, the Public Works Department has refused to issue an encroachment permit which would allow installation of drainage facilities; and Mr. V. W. Sauer, Public Works Director, having pointed out that the refusal by the Department was based on Board Resolution No. 5539 dated September 20, 1966 approving policy applicable to county drainage installations but that he believed further meetings with the developers would produce a satisfactory compromise; On motion of Supervisor E. A. Linscheid , seconded by Supervisor J. E. Moriarty, IT IS BY THE BOARD ORDERED that the matter is referred to the County Government Operations Committee (Supervisors E. A. Linscheid and J. P. Kenny) for report to the Board at the earliest practicable date. The foregoing order was passed by the following vote: AYES: Supervisors J. P. Kenny, J. E. Moriarty, E. A. Linscheid, A. M. Dias. NOES: None. ABSENT: Supervisor W. N. Boggess. I hereby certify that the foregoing is a true and correct copy of cn order entered on the minutes of said Board of Supervisors on the date aforesaid. cc: Board Committee Witness my hand and the Seal of the Board of Public Works Director Supervisors Planning Director affixed this 25th day of June , 1973 County Counsel W. L PAASCH, Clerk Countv Administrator By Deputy Clerk Dorothj A. Harkness H24 7/72-ISM BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA AFFIDAVIT OF MAILING In the Matter of Notice of ) F ' E D hearing on administrative ) appeal with respect to Public ) /91973 Works Department determination ) on storm drain extension for ) W. T. PAASCH Subdivision 4497, Alamo area. ) CLERK TRO OF SUPERVISORS By TA co. pucy I declare under penalty of perjury that I am now, and at all times herein mentioned have been, a citizen of the United States, over age 21; and that today I deposited in the United States Post Office in Martinez,- Calif ornia, postage fully prepaid, a aaAt tiad copy of the above-named document to the following: Mr. Tom Linton LINTON, PALIA, MEIN, DEVELOPERS 897 MacArthur Boulevard, Suite 102 San Leandro, California 94577 (5 day notice requirement pursuant to Ordinance Code Sec. 14-4.002` et seq. ) I declare under penalty of perjury that the foregoing is true and correct. Dated: June 19, 1973 , at Martinez, Calif ornia. Lourette Kincaid, eputy er 4-71-500 R F30,ARD OF SUPERVISORS COITTRA COSTA COUNTY BATE: June 19, 1973 TO: Mr. Tom Linton LINTON, PALIA, MEIN, DEVELOPERS 897 MacArthur Boulevard, Suite 10 2 San Leandro, California 94577 FROP4: Wv T. PAASCH, C,?era of B:and SUBJECT: Administrative appeal with respect to Public Works Department determination on storm drain extension for Subdivision 4497, Alamo area. Your matter has been listed n the Board calendar for and will be taken up at approximately S?: This memorandum constitutes compliance with CoUnty Ordinance Code Se .ti D,n 1 b_4_QQP Pt cP o_ whi Ch requires that the appellant be given at least 5 days ' written notice of the hearing date. r:e9G'LGG�G JL K.t Cd`'O�� Lourette Kincaid r f Cars cc: County Cc,--n-c-31 � Administrator �-�- ' Board Public Works pt4.'e? Planning 71-1-500 Form 25.2 June 14, 1973 MP - Subdivision 4497 Linton, Pali& 8 Mein F 897 MacArthur Boulevard J L IN, 1 ca 10-73 Suite 102 r W. T. P A A S C H CLCRK C•'JA4O OF SIJ?FRV:SO1i3 San Leandro, CA 94577 CONTRA COSTA CO. CY . Deputy Gentlemen: This is to acknowledge receipt of your hand-delivered letter dated June S, 1973, subsequent office visits, and discussion concerning the storm drainage discharge problem slang Danville Boulevard. The Public works Department is firm in its position that discharge of runoff from the subdivision cannot be made into the roadside ditch on Danville Boulevard. The necessity to camp the storm flaw to a point of acceptable discharge other them the roadside ditch must be met. Because this requirement is a part of the Board of Supervisors' drainage policy (copy previously sent), and because strenuous and continuing efforts have bow made in the Danville area to direct storm drainage into improved systems or to a natural point of discharge, the staff cannot acknowledge your request to be relieved of the necessity to direct the flow either to La Serana Creek or to San Rash Creek, nor can the County accept your offer of participation In a future system. The Public Works Department is of the opinion that the most expeditious meats of discharging the drainage would be a system extending easterly to San Ramon Creek. We are available to work with you and, if absolutely necessary, assist in easement acquisition if cooperation of owners along the route is not available. If the above route is to be pursued, the Department would be glad to also rue oamehI County participation in the crossing of Danville Boulevard in keeping with our storm drainage policy. As we have indicated to you in conversation, if you wish to a cal thi ad>ainistrative decision, we surrest that you make the appeal for relief, in writing. to e o up tors. In the meantime, this is to acknowledge delivery of your Improvement plans and Final Nap for initial checking. We will process these plans insofar as they can be chocked in the usual fashion, with the understand- . rag that the drainage outfall is still to be resolved. Linton, Palia G Mein - 2 - June 14, 1973 If you have any questions, do not hesitate to contact us. We will be glad to discuss the situation with you. Yewy truly yours, VICTOR M. SAUER Public Works Director By Paul E. Kilkenny Assistant Public Morks Director Highway Plamming PEK:fa cc: Bissell & Karn, Inc. T. Burlingame, Flood Control R. Agnew, Flood Control x Planning Department June 1, 1973 .N T. p A g g C E! LTR rUPLF1V1CC1MS • 'ui:iKA O�iA CO. EY ep�tY HP - Subdivision 4497 Linton, Palia 4 Hein 897 MacArthur Boulevard Suite- 102 San Leandro, CA 94S77 Gentlemen: The hearing by the Flaming Commission for Subdivision 4497 resulted in the deletion by the Commission if Its 16, "Storm water originating within the subdivision shall be collected and conveyed in an adequate closed conduit storm drain to La Serana Creek or to San Ramon Creek". Condition No. 17 requires that the developer obtain an encroachment permit from the County for installation of drainage facilities in Danville Boulevard or any other County read or street. This letter is to inform you that the Public Works Department will be looking to the developer of the subdivision for the disposition of water so that there will be no discharge of subdivision storm flow into the County roadside ditch within the County right-of-way on Danville Boulevard. Enclosed is a copy of Resolution No. SS39 which outlines the Board of Super- visors' policy applicable to storm drainage installation. Your specific attention is called to Section IV, paragraph (a), et seq. Will you please make an immediate determination of the quantity of runoff being concentrated at the northeast corner of the subdivision, and work with the Flood Control office to select and provide an adequate discharge not in conflict with the Board's policy. By copy of this letter, we are asking our Flood Control office to keep us in- formed of the determination of the discharge quantities, the route selected, and the facilities to be installed to provide for the disposition of the storm drainage. If you have any questions, do not hesitate to contact us. We will be glad to review the County policy with you. Very truly yours, VICTOR N. SAUER Public Works Director By Paul- E. Kilkenny Assistant Public Works Director PEK:fa Highway Planning Enclosure cc: T. Burlingame 6 R. Agnew, Flood Control cc: Bissell & Karn, Inc. Planning Dept. • a � A RECEIVED ,SUN f!�1973 W. T. FAASCH SRK RiWPIERVigOR9 T By °e1p°ri June 18, 1973 Honorable Board of Supervisors Contra Costa County Administration Building Re: Subdivision 4497 Martinez, CA 94553 Gentlemen: On May 15, 1973, the Planning Commission for Contra Costa County conditionally approved the Tentative Map for the above noted subdivision to be located in Alamo, north of Camille Avenue between Danville Boulevard and the Southern Pacific railroad tracks. On previous occasions, proposals by others for development of the same property had been not favorably considered largely due to objections by neighbors and hone owner groups in the locale. Those objections principally concentrated on excessive density proposed requiring revisions to the existing zoning for the property. The current proposal is carefully based on maintaining the existing R-20 zoning and meeting the minimum 20,000 sq. ft. lot area requirement for that zoning. Subdivision 4497 proposes only 17 lots with a pian that has gained the support of all the homeowner groups and neighbors who have indicated any interest. That number of lots, however, is, at best, marginal when considering the land cost established by the Catholic Church, the current owners. In its approval , the Planning Commission considered a list of 21 conditions for approval as recommended by the staff. Some of those conditions were rejected by the Commission, most, however, were accepted and approved. One item rejected by the Commission was No. 16 - "Storm water originating within the subdivision shall be collected and conveyed in an adequate closed conduit storm drain to La Serena Creek or to San Ramon Creek." The rejection by the Commission was based on the following facts presented to the Commission. 1 . Storm drainage from the property is collected in an existing small roadside channel extending along the west side of Danville Boulevard northerly, approximately 1800 feet to La Serena Creek. Historically, this channel has carried a substantial area of drainage several times the size of area now carried. Drainage from the channel is deposited into La Serena Creek. Honorable Board of Supervisors June 18, 1973 Page 2 2. The channel extends almost exclusively along the frontages of other properties which are either undeveloped or only partially developed and all of which bear some responsibility to an ultimate storm drainage closed conduit. 3. Based on current zoning and on the Flood Control District criteria for calculating storm drainage runoff, Subdivision 4497, as a result of its develop- ment contributes only an additional 1 .5 cu. ft. per second to the flow within the channel . 4. The staff requirement, as rejected by the Commission, would constitute a very excessive storm drainage extension of 1800 feet, more or less, off-site to La Serena Creek or, as an alternate, 1000feet, more or less, to San Ramon Creek across Danville Boulevard and within property requiring time consuming condemnation and/or acquisition procedure. This represents an excessive cost factor in view of the marginal nature of the development of only 17 lots. The staff emphasized its position on the matter to the Commission. The Commission carefully listened to the staff and then specifically rejected the condition with which we are now concerned. At this time, improvement plans for the project are pre- pared and being reviewed. The staff, in its review, is insisting on the excessive storm drain extension in spite of the Planning Commission action. In letters dated June 1 , 1973, and June 14, 1973, Mr, Paul Kilkenny has insisted on the storm drain extension. An attempt at compromise was attempted but rejected by Mr. Kilkenny's latest letter. We, the developers for Subdivision 4497, respectfully request your consideration of this matter and your affirmation of the Planning Commission action on this item. Very truly yours, LINTON, PALIA, MEIN, DEVELOPERS By, Tom-Linton 897 MacArthur Blvd. , Suite 102 San Leandro, CA 94577 sm W. T. p A S C_ H ., CLERK BOARD OF SUPERVt ORS ONTRA C. Td CO. BEFORE THE PLANNING COMMISSION OF THE COUNTY "U,y STATE OF CALIFORNIA In the Matter of the Application for Approval of the Tentative Map of Subdivision Number 4497/ RECOMMENDATION WHEREAS, on the 6th day of April, 1973, the tentative subdivision map i was filed with the Planning Department and assigned Number 4497, and on that da an indefinite extension of time was consented to by the subdivider, Bissell & Karn, and; IMEREAS, the developer is requesting variances to have 16 lots less that 120 feet in average width, and; WHEREAS, a preliminary conference was held on the said map in the Plan- ning Department on the 3rd day of May, 1973, and; UMERFAS, the recommendations of the staff to the Commission are the fallowing: 1. The variances as requested to have 16 lots less than 120 foot width (115') is granted. All lots will contain 20,000 sq. ft. 2. The developers shall submit a landscape plan for the portion of the subdivision backing up to Danville Boulevard. The plan shall be prepared by a landscape architect and shall illustrate how the back-up lots along, Danville Blvd. may be enhanced without the use of the conventional fences and/or walls. The use of landscape mounds and material plantings is suggested. 3. A landscape easement over Lots 1-8 may be necessary to allow the implementation of Condition 1#2 and shall be shown on the Final Map and included in the restrictions filed with the final Subdivision Map. ublic Works Department May 3 1973 4. The subdivision shall conform to the provisions'in Section 8/00-8600 of the County Ordinance Code. Any variances therefrom must be specifically applied for and will not be allowed unless they are liested on the Planning Cow-mission's conditional approval statement. l 5. in accordance %lith the provisions in Ordinance No. 71-19, the oiar-er$ of all existin;; easements within ureas to be dedicated or deeded to Contra Costo County for read purpo.:es shall consent to the dedication/deeding of the right-t;' way, and shall suk>ordi^ate their rights to the right of the public in the dedicated/deeded area. 6. All utility distribution facilities shall be installed underground. 7. The minimun grade for curbs on all new streets shall be 11. A hardship must be demonstrated before grades less than l will be approved. 8. Traffic control vigns, stop signs, centerline striping on and pave- went markings at all stoi signs will be required. These details Shall be shown on the improve-meet plans. "Cite subdivider's en-inner will be .advised by tf:e f Public Works D-partment of the various signs, striping -nd pavement warkiugs !� required, when the improvement plans are submitted for review. Danville Boule- vard median shall be delineated with paint and reflective pnvem,-nt starkers. } 9. Street lights :;tall be installed on Danville Boulevard and Camille Avenue .and L're r4^on—_.endcd for Daniel Drive and the entire subdivision shall ba' I annexed to a County Service Area for the naintcnance and operation of the stree T 1 ights. i A Subdivision Number 4497 Page 2 10. Four-foot six-inch sidewalks shall be constructed on Camille Avenue and half way around the Daniel Drive returns. 11. Danville Boulevard right-of-way is 60 feet wide along this frontage with an additional local 20-foot widening on the side opposite this subdivision. Additional 8-foot widening is required at the subdivision frontage immediately northerly of Camille Avenue to provide for a turning lane and tapered transitio (See County Road Pian No. 533, Sheet 3). Curb, six-foot six-inch sidewalk and pavement widening shall be constructed on Danville Boulevard to provide half of a 40-foot roadway and the above intersection widening with curb face 10 feet from right-of-way line. Add a typical section to the tentative map. 12. Curb returns at intersections shall have 20-foot radius. The property line return may have 10-foot or 20 foot radius. 13. New homes and driveways shall not front on Danville Boulevard and a 75-foot setback shall be observed from the centerline of Danville Boulevard to preserve a scenic corridor. 14. All defective trees, unsuitable street trees, or trees of question- able health within the right-of-way, all as determined by a competent authority, shall be removed prior to County acceptance. The developer shall provide a certification by said competent authority to indicate which trees are satisfac- tory to remain. 15. Although the storm drainage system is shown in considerable detail, comment on the system will not be made until the improvement plans are submitted for review. Flood Control District April 30, 1973 16. Storm water originating within the subdivision shall be collected and conveyed in an adequate closed conduit storm drain to La Serena Creek or to San Ramon Creek. 17. An encroachment permit from the County will be required for the installation of drainage facilities in Danville Boulevard or any other County road or streets. 18. Offers of dedication of drainage easements will be required for off-tract work on private property. Said offer of dedication shall be recorded prior to the filing of the Final flap. Health Department - April 23, 1973 , 19. Sewage disposal serving this subdivision shall be provided by the. Central Contra Costa Sanitary District. Each individual living unit shall be served by a separate sewer connection. The sewers located within the boundarie of this Subdivision shall become an integral part of the Central Contra Costa Sanitary District's sewerage collection system. 20. Water supply shall be by the East Bay Municipal Utility District. Each individual living unit shall be served by a separate water connection. Such water distribution system located within the boundaries of this subdivisio shall become an integral part of the East Bay Municipal Utility District's overall water distribution system. 21. Any deviations or changes effecting, the concept of the subdivision (Planned unit, condominium, etc.) on file with the Health Depart=nt and dated Parch 29, 1973 shall be resubmitted for review before requirements for the sub- division can be considered acceptable to the Health Officer, A r � - Subdivision Number 4497 WHEREAS, due notice thereof first having been given, the matter of Page 3 action by the Planning Commission on the tentative map of Subdivision Number 5-21-73 4497 was heard by the Planning Con-mission on the 15th day of May, 1973, and the (lsw) following persons having appeared before the Planning Commission to wit: t D. M. Bissell, engineer representing owner, , Eric Hasseltine, Danville Blvd, preservation committee. Gayle Christensen, Alamo Improvement Assn, Bernard Gordon, San Ramon Valley Planning Committee, WHEREAS, the Planning Commission having considered the same and being advised in the premises, NOW THEREFORE, IT IS RECOMIENDED, that the tentative map of Subdivision Number 4497 be CONDITI0NULY APPROVED subject to the hereinafter stated condi- tions, only as to lot design and layout, street alignment and widths, and tenta- tive design of the subdivision. The foregoing conditional approval expressly does not include the matters required to be approved in the Improvement Plans, The conditions hereinbefore stated for conditional approval are the following: COMMONS NIMMERS 1, 2, 3, 4, 5 - same as hereinbefore stated. 6 - Amended to read as follows: 6. All newly installed utility distribution facilities shall be installed underground. 7, 8 - same as hereinbefore stated. 9, 10, 11 - Omit. 12 - same as hereinbefore stated. 13 - Amended to read as follows: 13. New homes and driveways shall not front on Danville Boulevard. 14, 15 - same as hereinbefore stated, 16 - Omit. 17, 18, 19, 20, 21 same as hereinbefore stated. With the addition of Condition #22, which was added by the Planning Commission as follows: 22. Provide a 10-foot pedestrian path between Lots 9 and 10 to the Southern Pacific Railroad right-of-way for access to the Southern Pacific Rail- road right-of-way and the existing pathway along the west side of the Southern Pacific P.ailroad right-o£-way. The foregoing recommendation was wde in the motion of Commissioner Young, seconded by Co". issioner Shelton, and adopted at the Planning Commission meeting of May 15, 1973, by the following; vote: Subdivision Number 4497 Page 4 AYES: Commissioners Young, Shelton, Jeha, Compaglia, Milano. NOES: Commissioners Hildebrand and Krueger. ABSENT: ' None. ATTEST: Anthony A. Dehaesus Director of Planning Norman L. Halverson Planner IV Current Planning Division NLH:lsw cc - Bishop of Oakland Bissell & Karn, Inc. Public Works Department w/map Building Inspection w/map Flood Control District Health Department Danville Fire District Federal Housing Administration Division of Real Estate Clerk of the Board of Supervisors r . f z - i t IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA October 7 1975 In the Matter of Releasing ) Subdivision Deposit ) Subdivision: 4504 , Clayton Area ) Deposit: $500 ) Auditor's Permit No. 110353 ) Dated August 14, 1973. ) Refu d to The Rahlves Organization,) ga ��rrre�r,i• dress• ) �yQsnn on Blvd. ) C;oneord, Ca i�For�,� 94511 ) On June 24, .1974 this Board resolved that the improvements in the above-named Subdivision were completed for the purpose of establishing a beginning date for filing liens in case of action under the Subdivision Agreement; and now on the recommendation of the Public Works Director: The Board finds that the improvements have been main- tained (for one year after completion and acceptance) against defective work and/or labor done or defective materials furnished in performing the Subdivision Agreement, and that all deficiencies (if any) developing during this period have been corrected; and Pursuant to Ordinance Code Section 8429(b) and the Sub- division Agreement, the Director is authorized to refund the deposit as indicated above. I HEREBY CERTIFY that the foregoing is a true and correct copy of an order entered on the minutes of said Board of Supervisors on the date aforesaid. Witness my hand and the Seal of the Board of Supervisors affixed this 7th day of October , 1975 J. R. OLSSON, � CLERK CC . Public Works (2) Subdivider By Deputy Clerk Bonnie Boaz eonx7261 P-,*i 857 Return to: Clerk of the Board ' 1974 RECORDED AT REQUEST OF Room 103, Administration Bldg. 59277' P ' JUL —5 1974 UL 51974 }_..._ ArO'CLOCK I M. IN THE BOARD OF SUPERVISORS cosrA couNTY itEcOWS OF I R. OLSSON -/ CONTRA COSTA COUNTY, STATE OF CALIFORNIA COUNTY RECORDER FER $ In the Matter of Completion ) OF FYL of improvements and declaring ) certain roads as County ) RESOLUTION NO. 74/552) roads, Subdivision 4504s) ) Clayton Area. ) WHEREAS the Public Works Director having notified this Board that the construction of improvements have been completed in Subdivision 4504, Clayton area, as provided in the agreement heretofore executed by this Board in conjunction with the filing of the subdivision map; NOW, THEREFORE, BE IT RESOLVED that the improvements in the following subdivision have been completed for the purpose of establishing a terminal period for filing of liens in case of action under said Subdivision Agreement: Subdivision Date of Agreement 4504, Clayton area August 21, 1973 (United Pacific Insurance Company - Bond No. U 75 29 25) BE IT FURTHER RESOLVED that the $500 cash deposit as surety (Auditor's Receipt No. 110353 dated August 14, 1973 ) be RETAINED for one year pursuant to the requirements of Section 8429(b) of the Ordinance Code as amended. BE IT FURTHER RESOLVED that the hereinafter described roads, having been heretofore dedicated to public use by the filing of map in the office of the County Recorder, be and the same are accepted and declared to be County roads of Contra Costa County: MT. ETNA DRIVE (36/56/.23) MT. DELL DRIVE (36/56/.27) MT. WASHINGTON WAY (36/56/.01) as shown and dedicated for public use on the map of Subdivision 4504 filed July 19, 1973 in Book 162 of Maps at page 21, Official Records of Contra Costa County, State of California. PASSED AND ADOPTED this 24th day of June 1974 , by the following vote of the Board: AYES: Supervisors J. P. Kenny, A. M. Dias, ..,; W. N. Boggess, E. A. Linscheid, J. E. Moriarty. CERTIFIED COPY NOES: None. I certify that this is a full, true ! correct copy of the original document wlhich is on file in my office, ABSENT: None. and that It was passed t'- adopted by the Board of Supervisors or Contra Co4a County, California, on the date shown. ATTEST: J. R. OLSSON, County Clerk 8:ea-offlclo Clerk of said Board of supervisors, cc: Recorder by Deputy Clerk. Public Works Director a� __ onG� iy�y Subdivider RESOLUTION 110. 74/552 Eft OF IN MMFNT' • an(!;71Q'I (U." 404 DEC —3 1973 RECORDED AT REQUEST Of Recorded at the Request of: CONTRA COSTA COUNTY CONTRA COSTA COUNTr 1 2C -3 191 Return to: PROG. PLAN. & SPEC. PRO]. 113624 X73 3 3 PUBLIC WORKS DEPT. .Aji CC6TA fides RECORDS SECTION IN TIM BOARD OF SUPERVISORS J. R. OLSSON OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA GOUNIY a{ORDER OFFL In the Batter of Authorizing ) Acceptance of Instruments for ) Road Purposes. ) November 13, 1973 On motion of Supervisor E. A. Linscheid, seconded by Super- visor J. P. Kenny, IT IS BY TIM BOARD ORDERED that the following instruments are ACCEPTED for road purposes: InstriLment Date Grantor Reference Grant Deed July 30, 1973 Landpac Enterprises Sub. 4243 Grant Deed August 17, 1973 Ditz-Crane Sub. 44.06 Grant Deed July 27, 1973 Raymond A. -Sub. 4438 Feichtmeir Grant Deed May 31, 1973 Sasha Maloff Sub. 4386 - Grant Deed August 7, 1973 Cal-West Communis Sub. 4269 ties, Inc. Grant of Devblop- August 17, 1973 The Rahlves Sub. 4504 . r y ment Rights Organization (The above instruments are for future development rights.) - Grant Deed . ., October 1, 1973 Rasmus L. Jensen M.S. 126-?3 Grant Deed '," September 28, Lawrence Okun M.S. 164-72 1973 et al. Relinquishment of September 28, Lawrence Okun M.S. 164-72 Abutters Rights 1973 et al. The foregoing order was passed by the following vote of the Board: - AXES: Supervisors J. P. Kenny, J. E. Moriarty., E. A. Linscheid, A. M. Dias. NOBS: None. ABSENT: Supervisor W. N. Boggess. AFf� cc: Public WorksT _COPi' Administrator t aeetfly►twat this a a MI. trice h eolrget copy of the orWaal document which is on file in my office. and that it was passed d. adopted by the Board o1 Supervisors of Contra Costa County. California. on- the date shown. a^."I'EST: W. T. PAASC'd, county .r clark it ex-officio clerk of said Based of Suparvisortk j by deputy clerk. - Boo--7104 1"' 405 GRANT OF DEVELOPI•ENT RIGHTS FOR VALUABLE CONSIDERATION, Thev/Rahlves Organization, a corp- oration, hereby grants to the /county of Contra Costa, a political subdivision of the State of California, Grantee, and its governmental successor or successors , the future "development rights" , as defined herein below in that real property known as Dana Ridge, situated in the County of Contra Costa, State of California, and more particularly described as follows : The Parcels A. B and C shown on the map of Subdivision 4504, filed August 7-;S , 19 73, in Map Book uo L , page 11 , Contra Costa County records. "Development rights" are defined to mean and refer to the right to approve or disapprove of any proposed construction, development or improvement other than one or more recreation buildings , one or more swimming pools , patios , walkways , picnic areas, play areas , balconies and patios for private use , boat and trailer storage areas , drive and parking areas, reasonable and necessary lighting standards , courtyard areas , such other facilities as may be deemed desirable exclusively for the recreation and leisure of the residents of Dana Ridge and any and all planning, design and landscaping incident thereto. The "development rifts" are and shall be a form of negative easement over all of said property, which shall run with the said property and shall bind the current owner and any future owner or owners of all or any portion of said property. In the event of a disapproval of proposed construction by the Grantee or its successor said proposed construction shall not be performed. Grantee or its successor may condition its approval of any proposed construction upon the prior or subsequent performance of such conditions as Grantee may deem appropriate. -1- STATE OF CALIFORNIA 1 COttnty tJf�'_n N 'R A ss. County in which ocFnowledgement i.tolr.n _ ,/ OI 3 . before me. I t= t'/�� r-S�" ti Notary Public.in and for said" Write or type name of novo County and State,personally appeared �D—"^/ Al IS /' /` #/— known to me tet be �� a/d��7— of the corporation that execated the within instrutnent and also known to me to be the person—.ho executed it on behalf of such corporation and acknowledged to Jne that such Icor to►l ration tunttnenf t scant ro its by-lases or a resolution of its hoard of directors PATRICIA H. WILLIAMS IS COI9-TA ' UBLIC-CALIFORNIA '•I f notary is S I! litn'Fto addition to tignpturs t pe or print name of notary strike"said"and na CONTFYA COSTA COUNTY Notary Public My Comtaiuiol7 Ettpaes Oct. 22.1971 } Door,7104 N 406 successor herein shall submit to such entity a written proposal describing the nature , extent and location of such improvement. Grantee or its successor shall have thirty ( 30) days from receipt of such proposal in which to grant its approval or disapproval. Failure by Grantee or its successor to respond within said time period shall be equivalent to the approval of such proposal. IN cW�ITNESS whereof, Grantor hereunto has set his hand and seal this 1 1 day of v , 1973. THE RAHLVES ORGANIZATION By END OF DOCUMENT —2— IN THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, STATE OF CALIFORNIA In the Matter of Approval ) of Subdivision Map of ) Tract 4504, Clayton Area. j RESOLUTION N0. 73/642 AREAS a map entitled Tract LSOL , property located in the ClQX&on area , having been presented to this Board for approval, said map having been certified by the proper officials, and being accompanied by: Letter from the Redemption Officer stating that there are no unpaid County taxes heretofore levied on the property included in the map, and that the 1972-1973 tax lien has been paid in full, and the 1973-1974 tax lien, which became a lien on the first day of March, 1973, is estimated to be $9,000; Letter from the Public Works Director stating that said map is accompanied by deposits and bonds to guarantee the com- pletion of road and street improvements as required by Divi- sion 4. Title 8, of the County Ordinance Code; Improvement Security Bond (No. U 75 29 25) issued by United Pacific Insurance Compang with The Rahlves Organization as principal, in the amount of 1110,600 for Faithful Performance and $111,100 for Labor and Materials; Cash deposit (Auditor's Deposit Permit No. 110353 dated August 149 1973) in the amount of $500; Tax Bond (No. U 75 29 25) issued by United Pacific Insurance Company in the amount of $9,000 guaranteeing payment of the estimated 1973-1974 tax lien; Subdivision agreement between gra gggnnj7Qt-jnV subdivider and the County of Contra Costa, wherein sa su v- ider agrees to complete road and street improvements, etc. , in said subdivision within l _year from the date of said agreement; RESOLUTION N0. 73/642 Form #23; 70-4-500 i NOW, THEREFORE, BE IT RESOLVED that said bonds and de osit and the amounts thereof be and the same are ere y APPROIM. BE IT FURTHER RESOLVED that said subdivision agreement be and the same is hereby APPROVED and the Chairman of this Board is authorized to execute said agreement. BE IT FURTHER RESOLVED that said reap be and the same is hereby APPROVED and this Board does not accept or reject on behalf of the public any of the streets, roads, avenues or easements shmm thereon as dedicated to the public. PASSED AND ADOPTED this 21st day of August 19 73_, by the following vote of the Bo= � AYES: Supervisors J. P. Kenny, :1.1. N. Boggess, E. A. Linscheid, A. M. Dias. NOES: None. ABSENT: Supervisor J. E. Moriarty. cc: Public Works Director (2) Director of Planning CERTII,'IED :;JPY The Rahlves Organization Post Office BOX 592 s certify that this is a ftil, t.--,:eP-- correct copy of the original document %:..,.. a . nw in my office, Concord, California and that it was pa,:,_.. .._ 1. . ..y the Board of Supervisors u. C:ur.:r_ ..._:y, California, on the date show.i. AT ill _. ... . :AAASCH, county clerk&.es-officio cic-.: :: .< ..o--rd of Supervisor4 by deputy cler �- on - 93 17 RESOLUTION NO. 73/642 Form #23; 70-4-500 SUBDIVISION AGREEMENT (§1) Subdivision: 4504 (§1) Subdivider: The R ves rganza ion, (B. s P. Code §§ZZ6ZZ-12) a corporation T§71--Effective Date: August 21. 1973 (Contra Costa County (§1) Completion Period: One Trear Standard Form; 8-67) (§4) Deposits : A. (cashr$500. B. (bonds, etc. ) 1. (faithful perf. & maintenance) $u� 2. (labor,materials)$11 .100,00 Z. Parties & Date. Effective on the above date, the County of Contra Costa, California, hereinafter called "County" , and the above- named Subdivider, mutually promise and agree as follows concerning this subdivision: 2. Improvements. Subdivider shall construct, install and complete road and street improvements, tract drainage, street signs , fire hydrants, and all improvements as required by the County Ordinance Code, especially Division 4 of Title 8 (Sections 8400 and following) and including future amendments, and all improvements required in the approved improvement plan of this subdivision on file in the County's Public Works Department. Subdivider shall complete this work and improvements- (hereinafter called "work" within the above completion period from date hereof as required by the Calif. Subdivision Map Act (Business & Professions Code 5§11500 and following) , in a good workmanlike manner, in accor- dance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder; and where there is a conflict between the improve- ment plan and the County Ordinance Code, the stricter requirements shall govern. 3. Guarantee & Maintenance. Subdivider guarantees that the work is and w-111 be free from defects and will perform satisfactorily in accor- dance with County Ordinance Code §8429 ; and he shall maintain it for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 4. Im rovement Security: Deposit & Bonds. Upon executing this Agreement, Subdivider shall, pursuant to Bus. & Profs. Code §116122 deposit as security with the County: A. Cash: $500 cash; together with . . . . . . . . . . . . . . . . . . . . B. Vis, etc. : (Z - Faithful Performance) additional security for at least the above-specified amount, which is the total estimated cost of the work less $500, in the form of a cash deposit , a certified or cashier's check, or an acceptable corporate surety bond, guaranteeing his faithful performance of this agreement and maintenance of the work for one year after completion and acceptance thereof against any defec- tive workmanship or materials or any unsatisfactory Derformance; plus (2 - Labor & Materials) another such additional security in at least the above-specified amount, which is the full amount of said estimated cost, securing payment to the contractor, to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. 5. Warrantu. Subdivider warrants that said improvement plan is ade- quate to accomplish this work as pror•ised in Section 2 ; and if, at any time before t'ie County' s resolution of ccmrl !t°on for the subdivision, the improverent plan proves to be inadeeuate in any respect , Subdivi- der shall make changes necessar7 tc accomnlish the work as promised. -1- 6. so Waiver by Count4. Inspection of the work and/or materials, or approval or work and/or materials inspected, or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this agreement, or acceptance of the whole or any part of said work and/or materials, or payments therefor, or any combination or all of these acts, shall not relieve the Subdivider of his obligation to fulfill this contract as prescribed; nor shall the County be thereby estopped from-bring- ing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 7. Indemnity. Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section : A - The indemnitees benefited and protected by this promise are the County, and its special districts , elective and appointive boards, commissions , officers , agents and employees ; H - The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, and including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the County approved the improvement plan or accepted the improvements as completed, and in- cluding the defense of any suit(s) , action(s) or other proceeding(s) concerning these; C - The actions causina liability are any act or omission (negli- gent or non-negligent) in connection with the matters covered by this agreement and attributable to the Subdivider, contractor, subcontrac- tor, or any officer, agent or employee of one or more of them; D - Non-Conditions : The promise and agreement in this section is not conditioned or dependent on whether or not any Indemnitee has pre- pared, supplied, or approved any plan(s) or specification(s) in con- nection with this work or subdivision, or has insurance or other in- demnification covering any of these matters . 8. APPLICATION OF ENVIRONMENTAL IMPACT REQUIREMENTS. By approving and executing this Agreement, Contra Costa County does not certify that the subject Subdivision is in compliance with the recent decision of the California Supreme Court in the case of "Friends of Mammoth vs. County of Mono". By executing this agreement, Sub- divider agrees to save and hold harmless the County from any and all legal action that may be brought because of the aforementioned decision and agrees to defend any such action brought against the County. Subdivider further recognizes that he may be required, during the tenure of this a agreement, to comply with all rules and regulations which may be promulgated to implement the aforementioned decision. 9. COSTS. Subdivider shall pay when due all the costs of the work, including in- spections 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 County Road Commissioner-Surveyor. 11. NONPERFORMANCE AND COSTS. If Subdivider fails to complete the work and improve- ments within the time specified in this agreement or extensions granted, County may proceed to complete them by contract or otherwise, and Subdivider shall pay the .costs and charges therefor immediately upon demand. If County sues to compel per- formance of this agreement or recover the cost of completing the improvements, Sub- divider shall pay all reasonable attorneys' fees, costs of suit, and all other ex- penses of litigation incurred by County in conne-tion therewith. 12. ASSIGNMENT. If before County accepts these improvements, the subdivision is annexe tcT- o a city, the County may assign to that city the County's rights under this agreement and/or any deposit or bond securing them. —2— 13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record said subdivision map, NTY0 NT SUBDI_V_IDER: (see note below) THE VES ORGANIZATION, By oration Chair f Supe sora AT.TEST_: W. T. PAASCH, County Clerk esign a of icia capes ty in the do ex officio Clerk of the Board business Louis G. Rahlves; President THE R4HL�� ORGANIZATION By 4 ` ` Note to Subdivider: (1) Execute r Deputy acknowledgment for-+ below; and (2) If a corporation, attach a certified copy of (e) the bylaws FORM APPROVED+ JOHN B. CLAUSEN or (b) the resolution of the Board County Counsel of Directors, authorizing execution of this contract and of the bonds required By hereby. Deputy • • • w • • ♦ w w • w • • • * w * • • • * a * • • • • w • w w • • �► w • • • • • • • • a • State of California' ) as. (Acknowledgment by Corporation, County of Contra Costa ) Partnership or Individual) On August 10. 1973 , the person(s) whose name(s) is/are signed above for _ Subdivider and who is known to me to be the individual and officer or partner as stated above who signed this instrument, and acknowledged to me that he executed it and that the corporation or partnership named above executed Notary Public for said County and State (Subdiv. Agrmt.- CCC Std. Form) (HP-9; Rev. 9-69; 200) HCONTRA ATRICIA H. WILLO OTARY PUBLIC-CALIFORNIA ,� COSTA COUNTY C07 EmOm OM s2.1974 1272 REDLANDS WAY POST OFFICE BOX 592 CAL922 IWE RAHL"S ORG7.AMMON T E LCE P H•0 N E!F O RNIA 665-5432 RESOLUTION The following resolution was duly adopted by the Board of Directors of THE RAHLVES ORGANIZATION at a meeting of said Board of Directors duly held at 1272 Redlands Way in the City of Concord, County of Contra Costa, State of California on Thursday, August 9, 1973: NUEREAS, it is necessary to file a Subdivision Agreement, Tax Bond and Performance Bond for the County of Contra Costa before Final Map is recorded on Tract 4504 DANA RIDGE. NOW, THEREFORE, BE IT RESOLVED, that the president and/or vice-president of this corporation be, and they are hereby, authorized to execute any all all documents required by the County of Contra Costa and to submit to the County of Contra Costa such documents as may be necessary in order to ob- tain a Final Map Tract 4504. I hereby certify that the foregoing is a true and correct copy of the Resolution adopted by the Board of Directors of THE RAHLVES ORGANIZATION an Aug 1973. l :1 Louis G, ahlves, Presidet of TELE RAHLVES ORGANIZATION PUBLIC WORKS DEPARTMENT VICTOR W. SAUER CONTRA COSTA COUNTY DEPUTY PUBLIC WORKS DIRECTORS PUBLIC WORKS DIRECTOR R. D. BROATCH 6TH FLOOR. ADMINISTRATION BUILDING F. R.BROWN VERNON L. CLINE CHIEF DEPUTY PUBLIC WORKS DIRECTOR MARTINEZ, CALIFORNIA 94553 TELEPHONE 2:11.3000 R.M. RYGH (RM. 113 COURT HOUSE) August 21, 1973 Honorable Board of Supervisors HP - Subdivision 4504 Administration Building Martinez, California Gentlemen: There is submitted for your approval the map of Subdivision 4504 in Super- visorial District V in the Clayton area. Accompanying this map and pertaining thereto are the following documents: 1. Subdivision Agreement. Expiration date of one-year time limit for com- pletion is August 21, 1974. 2, Performance Bond, in the amount of $110,600. This bond, together with a $500 cash deposit (Auditor's Receipt leo. 110353 dated August 14, 1973) is to guarantee completion of road and street improvements as required by the County Ordinance Code. 3. Labor and Materials Bond, in the amount of $111,100. 4. Letter from Tax Collector's Office stating that there are no unpaid County taxes on the property, and that the 1973-74 tax, which became a lien on the first Monday of March, 1973, is estimated to be $9,000. 5. Tax Bond, in the amount of $9,000, guaranteeing payment of estimated tax. The map is submitted for filing by Western Title Guaranty Company under the provisions of the County Ordinance Code and all required deposits and fees have been paid. It is requested that the Board of Supervisors authorize its Chairman to sign the Subdivision Agreement on behalf of the County. - Very truly yours, RECE71 2 V�D VICTOR W. SAUER Public Narks Director AUG 2/ 1973 W. T. PAASCH - CLERK BOARD OF SUPERVISORS Paul E. Kilkenny j RA COSTA Co. By Deputy Assistant Public Works D" ector Highway Planning CPB:fa cc: Western Title Guaranty Co. Planning Dept. Construction Division 0 T a TMPROVEP'ENT. SFCURTTY BOND Bond U'75 29- 25 Premium: $1,666 (Faithful Performance A Maintenanee, AND Labor A Materials') (Calif. Bus . & Prof. Code §11612; Contra Costa County Standard Form) 1. OBLIGATION. (PrincinaZ) The Rah Ives Organization . a corporation as Principal, and (Surety)_ _ UNITED PAr.TETr TN TSAATLTL r_nNpAwTv a corporation organized and existing under the lays of the State of and authorized to transact surety business in California, as Surety, hereby Jointly and severally bind ourselves , our heirs, executors, administrators, successors and assions to the County of Contra Costa, California, to pay it : (A - raithful Performance , & Maintenance) ONE HUNDRED TEN THOUSAND SIX HUNDRED AND N0/100----Dollars ($ 110 ,600.00---) � for itself or any City-assignee under the below-cited subdivis on`contract , plus (B - Labor & Materials) ONE HUNDRED ELEVEN THOUSAND ONE HUNDRED AND NO/100-Dollars ($ 1114100.00--) or the Benefit of persons protected under Cal. Bus. & Prof. Code 511612. 2. RECITALS. The Principal contracted with the County to install and nay for street , drainage , and other improvements in Subdivision No. 4904 , as per man now being filed with the County's Pecorder, and to comp ete said work within one year vear(s) from the effective date of said Contract , all- in accordance with State and local laws , rulings thereunder and the subdivision contract. 3. • CONDITION. If the Principal faithfully performs all things required of him according, to the terms and conditions of said contract and improve- ment plan and improvements agreed on by him and the County, then this obliPation as to Section 1-(A) above shall become null and void, except that the guarantee of maintenance continues for the one-year period; and if he fully pays the contractors , subcontractors , and persons renting equipment or furnishinm labor or materials to them for said work and improvement , and protects the. premises from claims of such liens, then this obligation as to Section 1-(B) above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby Riven to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provisions of Calif. Civil Code 52819 , and holds itself bound without regard to and independently of any action ar*ainst Principal whenever taken, and agrees that if County sues on this bolid Surety will 12ay easonable attorney fees fixed by court to be taxed spf jnE!nj)fd d in the judgment. SIGNED AND SEALED on q A!!r,;al 1973 PRINCIPAL SURET "-�RiW.T. pAASCH a RvtsoRs C RA COSTA CO. P! e R ve ion a corporation By _ By ete - — * • AF 1F State of California ) �f County Of Contra Costa ) ss • �.'__ ..�rJ'.�."7CF,E'IT RY SURF.iY) - On August 14, 1973 the ^ersen(s) whose names) is/are signed above for Surety and i-:ho is known tc; me to ne the A;torney(s)-in-Fact for this Corporate Surety , personally appeared before me and acknowledr.ed to me that he/they sir*ned the name of the Corporation as Surety and his/ their own name(s) as its Attorneys)-in-Fact . ELIZABETH J- SAVANO NOTARY PUB1_.7:-CALIF0Pr-'. �^ CONTRA CCI T.`•. COUNTY � =_ :.11Comru .on£xpresQct.31.19i1.. JC g0 E.r Rog Grn CLW. 94563 Notary pubs a for rid County and State (Imp. .Sn.e.Rond, CCr Elizabeth J. Savano EDWARD N.LEAL ALFRED P.LOMELI County Treasurer-Tax Collectoi Assistant County Treasurer ' Tax Collector TAX COLLECTOR'S OFFICE First and Payable of Taxes CONTRA COSTA COUNTY First Installment of Taxes Due and Payabie Delinquent on the First Day of November on the Tenth Day of December MARTINEZ.CALIFORNIA _____________ Second Installment of Taxes Phone 228-3000.E=t.2385 Second Installment of Taxes Due and Payable Delinquent on the First Day of February AL-ust 8, 1973 an the Tenth Day of April IF THIS TRACT IS NOT FILED BY OCTOBER 31, 19 73, THIS LETTER IS VOID This Will certify- that I have examined the map of the proposed subdivision entitled: TRACT NO. 4504 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 1972-73 tax lien has been paid in full. Our estimate of the 1973-'?1i-tax lien, which became a lien on the first day of March, 1973 is $9,000.00 . EWARD W. LEAL Tax cpF By. dl FIL , V1. T. PAASCH Cy —W�e%atyJ E BO::D AGAINST TAXES Bond U 75 29 25 KNOW 'ALL KEN BY THESE PRESE:JTS: Premium: $1,666 THAT THE RAHLVES ORGANIZATIOTJ= a corporation, as principal and (Surety) UNITED PACIFIC INSURANCE CO. , a corporation organized and Pxlstina »ndPr the laws of the State of and authorized to transact surety business in California as surety are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of NINE THOUSAND Dollars ($ 99000.00 ), to be paid to the said County of Contra Costa, for the payment of which well and truly to be made, we and each of us bind ourselves, our heirs, executors, administrators and successors, jcintly and severally , firmly by these presents. Sealed with our seals and dated this 14th day of August , 19 73 The conditions of the above obligation is such that WHEREAS, the above bounded principal is about to file a map entitled �1ib r3i 3d ci nn 45Q4 and covering a subdivision of a tract of land in said County of Contra Costa, and. there are certain liens for taxes and special assessments collected as taxes, against the said Tract of. land covered by said map, which.-taxes and special assessments collected as taxes, are not as yet due or payable. NOW, THEREFORE, if the said principal _ shall pay all of the taxes and special assessments colle,-ted.-as _ taxes .which are a lien against said tract of land covered by said, I map, at the time of the filing of said map of said Trac, then -this - obligation hen -thisobligation shall be void and of no effect, herwise it- shall re= main in full force and effect. TH RAH RGANI$ATION; r ion F FILED Frlm-dlpa 1 !; V, 1973 UNITED PACIFIC INSURANCE COMPANY W. T. PAASCH y CLERK OARD OF SUPERVISORS rl fYTRA COSTA CO. B ACKNOWLEDGEMENT By _ Deputy (BY SURETY) State of California County of Contra Costa County in which ac nowieugement is taken On August 11+ 1973 , before me, Elizabeth J. Savano , a Notary Public, in an7a for said County and State, personally appeared George H. Krugger known to me to be attorney in fact of Ehe corporation that executed the within ns rumen and a so known to me to be the person who executed it on behalf of such corporation and acknowledged to me that such corporation executed the' within instrument pursuant its by-laws or a. resolution of its board of directors. --d M .✓ signat irype 6T vprint -1 " OrtctaL .,:. _ nae of not r ELIZABETH J.^SAVAP:�3 . 0^r. 'Y v J?? � :� NOTARY GUBt cs IFC•r, Elizabeth J. Savano CONTRA COST. COt1NT't 'dpCo:nmissier�Expire,k1a.31,1y;a 'c A