Loading...
HomeMy WebLinkAboutRESOLUTIONS - 01312003 - 99-415 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 17, 1999 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, DESAULNIER, AND CANCLAMILLA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.: 99/415 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Minor Subdivision 2-98, Alamo area. The following documents were presented for Board approval this date: I. Map The Parcel Map of Minor Subdivision 2-98,property located in the Alamo area, said map having been certified by the proper officials; II. Subdivision Agreement A subdivision agreement with Branagh Development, subdivider, whereby said subdivider agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: A. Cash Deposit Deposit amount: $1,000.00 Deposit made by: Branagh Development Auditor's Deposit Permit No. and Date: DP#335128, July 19, 1999 B. Surety Bond Bond Company: Frontier Pacific Insurance Co. Bond Number and Date: SD00034389, July 6, 1999 Performance Amount: $50,400.00 Labor&Materials Amount: $25,700.00 Principal: Branagh Development, Inc. RESOLUTION NO. : 99/415 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Minor Subdivision 2-98, Alamo area. DATE: August 17, 1999 PAGE -2- III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 1998-1999 tax lien has been paid in full and the 1999-2000 tax lien,which became a lien on the first day of January 1999, is estimated to be $9,600.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: Frontier Pacific Insurance Co. Bond Number and Date: SDO0034392, July 20, 1999 Amount: $9,600.00 Principal: Branagh Development, Inc. NOW THEREFORE BE IT RESOLVED that said subdivision, together with the provisions for its design and improvement, is DETERMINED to be consistent with the County's general and specific plans; BE IT FURTHER RESOLVED that said Parcel Map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets,paths, or easements shown thereon as dedicated to public use. All deposit permits are on file with the Public Works Department. BE IT FURTHER RESOLVED that said subdivision agreement is also APPROVED. I hereby certify that this is a true and correct copy of an RL:DI:df action taken and entered on the minutes of the Board of G:\GrpData\EngSvc\BO\19991BO 8-17-99.doc Supervisors on the date shown. Originator:Public Works(ES) Contact: Rich Lierly(313-2348) cc: Public Works-R.Bruno,Construction A �,��,�, 1 Current Planning,Community Development ATTESTED: , 1999 B- 17-2e00 PHIL BATCHELOR Branagh Development,Inc. r Clerk Of the Board Of Supervisors 3201 Danville Blvd,Suite 170,Alamo,CA 94507 and County Administrator Frontier Pacific Insurance Company 4250 Executive Square,Suite 200,La Jolla,CA 92037 By , Deputy Subdivision: MS98-0002 ~ Bond No.: s 0(7Q1t,�Rq PREMIUM: $403.00 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee, and Payment) (California Government Code SS66499 - 66499.10) 1. RECITAL OF SUBDIyiSIoN AGREEMENT: The Principal has executed an agreement with the County to install and pay for street, drainage, and other improvements in Subdivision MS98-0002 , as specified in the Subdivision Agreement, and to complete said work within the time specified for completion in the Subdivision Agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION: BRANAGH DEVELOPMENT, INC. , as Principal, and FRONTIER PACIFIC INSURANCE CQMPAh , a corporation organized 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. Performance and Guarantee: FIFTY THOUSAND FOUR HUNDRED .AND NO/100th ----------------------- - Dollars (S 50,400.00 ----------------- ) for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: TWENTY FIVE THOUSAND SEVEN HUNDRED AND NO/100ths ---------- ------------------------ Dollars (S25,700.00 --------- ----- ) to secure the claims to which reference is made in Title kV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. CONDITION• A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa(or city assignee), its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County (or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation-as to Section 2.(B) above is such that said Principal . and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid agreement and referred to in the iforesaid Civil Code for materials furnished or Iabor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County (or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration with further notice to or consent by Surety; and the Surety hereby waives the provisions of California Civil Code Section 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on JULY 6, 1999 PRINCIP'AL-BRANAGH DEVELOPMENT, INC. SURETY:FRONTIER PACIFIC INSURANCE COMPANY Address: +2201 Danville Rd. .Ste. 170 Address: 4250 Executive Square, Ste. 200 City: AlMo, CA_ Zip- 24507 City: By: c By: Print Name: tRc h-m w *e 4 Print Name: Title: Ou4i, -- Title: ATTORNEY--IN—FACT :mw G:\GrpD&m\EngsvcVomu\BN WORD\BN-12.doc Rev.August 5, 1998 CALIFORNIA AL.-PURPOSE ACKNOWLEDGEMENT Stat'off OPTIONAL SECTION County Of t-L� L 771CAPACITY CLAIMED BY SIGNER 9 Though statute does not require the Notary- Cn before me, / j + to fill in the data below,doing so may prove �F--w:ER 5.Zi :AN TA Y.0 L.--- _.._ Invaluable to persons relying on the personally ap^eared + /�{ document. CI INDIVIDUAL personally mown to me-OR- r7l provided to me on the basis of satisfactory 1d CORPORATE OFFICER(S) evidence to be the person*whose nameW isl,A subscribed to the within instrument and acknowledged to me that ❑PARTNER(S) 0 LIMITED heisi��executed the same in O GENERAL hisihefl authorized capacity(4M, 0 ATTORNEY-IN-FACT and that by his/her/their signature(try ©TRUSTEES) 1'Q on the instrument the person( or the C GUARDIAN/CONSERVATOR �3J7✓F entity upon behalf of which the per- []OTHER: � son(j9j acted, executed the instrument. WITNESS my hand qnd official seal SIGNER IS REPRESENTING: �'j y+ JI►os�j, �Xt'/X�/jry '"� i,/�ryr�r± (�r�"4!y(�o,�Cr ,��/�t`G"'LC__,,,,�J r�we�esoncat as rI/ntiEs�,, OPTIONAL SECTION T-IS DER7FICATE M',,;S7 BE A TACHiED TG-:-E DOC',VEN T A7 RIGH-j TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES C- DATE OF DOCUMENT SiGNE;R(S)OTHER THAN NAMED ABOVE `r,e„=n int aa: tsaw roroura av a- a mw aro.r wa:uaay a ma.aew rwnrq on.n. OOG:^WM lfq fi.u31 6n�n,iIMW:+F: INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures recused on documents must comply with the following to be acceptable to Contra Costa County. 1. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The Fame ;nest be signed exactly as it is typed or printed. II. SIGNA7U_RES FOR INDIVIC)UALS - The name must be signed exactly as it is printed or typed. The signer's interest in the prcoerty must be stated. Ill. SI NA-URES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the au:ncrity to sign tor and bine the partnership. IV. SIGN."-,TURES FOR CORPORATQN_S 0ocurrents snouid be signed by two otticers, one from each of the following two groups: GROUO 1. 'a The Chair of the Board b The President c Any Vice-President GROUP 2. a The Secretary b An Assistant Secretary c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute Instruments of the type in question is required. A currently valid power of attorney, notarized, will suffice. Notarization or only one corporate signature or signatures from only one roup, must contain the following phrase: "...and acknov,ledged to me that suc.h corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Direc-ors". :mow ENGSVC'.FCRM5',N-TARY.WPO .i�. CALWORN1A ALL-PURPOS XCKNOWLEDGMENT No.5907 State of CALIFORNIA County of CONTRA COSTA On July 6. 1995 before me, M. A. ATWATER -- NOTARY PUBLIC r DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC' personally appeared _ r�RFCrQRY M. PRTRY . r NAME(S)OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. NO'_y PLb'c-Ccliforn'M Co•-tra cc`o county Ay0-cl10,ZM SIGNATURE OF NOTARY OPTIONAL Thouch the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudL ent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL ❑ CORPORATE OFFICER IMPROVEMENT SECURITY BOND NO. SDO0034389 FOR SUBDIVISION AGREEMENT T1nE(s) TITLE OR TYPE OF DOCUMENT El PARTNER(s) 0 LIMITED El GENERAL 1 2—sided bond ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEES) C� GUARDIAN/CONSERVATOR OTHER: 7/6/99 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME Oh PERSCN(S)OR ENTt TY(IES) FRQNTjER_PACIFIC INSURANCE COMPANY SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-6236 Remmet Ave..P.O.Box 7184-Canoga Park,CA 91309.7184 DMTIER PACIFIC INSURANCE COMPANY (a California Company) 4250 Executive Square,Suite 200,La Jolla,California 92037 POWER OF ATTORNEY 9tlotb cACC Ven Ty Vf esc �Irc5cnts: That FRONTIER PACIFIC INSURANCE COMPANY,a California Corporation,having its principal office in La Jolla,California,pursuant to the following resolution,adopted by the Board of Directors of the Corporation on the 15th day of November,1991. "RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attomeys-in- Fact to represent and act for and on behalf of the Company to execute bonds,undertakings,rec'ognizanoes and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of Its surety business; 'RESOLVED,that the signatures and attestations of such officers and the seal of the Company may be affixed to any such rower of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of indemnity or writing obligatory in the nature thereof; "RESOLVED,that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attomey-in-Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE,CONSTITUTE AND APPOINT: GREGORY M. PRIBYL FRANK R.OLSSON Walnut Creek California of ,in the State of its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred in Its name,place and stead to sign,execute,acknowledge and deliver in Its behalf,and as Its act and deed,without power of redelegation,as follows: Bonds guaranteeing the fidelity of persons holding places 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; IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY THOUSAND($850,000.00)DOLLARS;and to bind FRONTIER PACIFIC INSUR- ANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY,and all the acts of said Attomey(s)-in•Fact pursuant to the authority herein given are hereby ratified and confirmed. 3n 'Zitness 0ereo f, FRONTIER PACIFIC INSURANCE COMPANY of Le Jolla,California,has caused this Power of Attorney to be signed by its Vice President and its Corporate seal to be affixed this 13th day of May '19 96 ' FRONTIER PACIFIC INSURANCE COMPANY }JULY i3� ? t's r LLL BY: STATE OF CALIFORNIA) ,.,,. DAVID E.CAMPBELL,Vice President COUNTY OF SAN DIEGO) On May 13, 1996 before me,Trove;Kensler,Nota Public,personally Notary ps ly appeared David E.Campbell,personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the Instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. Witness my hand and official seal TREVA KENSLER Commission• 1045661 Z Z Notary Public -- California 'Z San Diego County fir'" My Comm.Expires Nov.26. 1995 Signature of Notary Corporation Acknowledgement I,the undersigned,Joseph R Loughlin,Secretary of FRONTIER PACIFIC INSURANCE COMPANY,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 Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the Corporation this 6th day of July '19 99 a • �«i e �, n? 'b �.„ne F � `-.t `'�'rw+` r' Joseph P.Loughlin,Secretary FM 19.5002A•FP(11/97) SUBDIVISION AGREEMENT (Government Code 566462 and S66463) Subdivision: 'tits _2- Qq Subdivider: Bran ag_�k -In-(:-. Effective Date: , y 1, 7 Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER J.Michael Waltord,Public Works Director By. 04—) (hint twne!ride) �' Peter W. Branagh t By: (se) i S tees Division (Pft tom t title) fiORM APPRG : Victor J.Weestmatt,County Counsel (NOTE: All signatures to be acknowledged. If Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code 5313.) 1. PARTIES_&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"QjMY,and the above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Departrnmt and in conformarice with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code SS66410 and following),in a good workmanlike manner,in accordance with accepted COX on praztices and in a mariner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. Ordinance M EME T security to the ponnnty� �g this t,the Subdivider shall,pursuant to Government Cale 566499,and the County A. For Performance and Gtraranta. S�1Ot 0 0 cash,plus additional security,in the amount of S 1 which together#otal one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in The form of: Cash,certified check or cashiers chock. X_ Acceptable corporate surety bond. Acceptable irrevocable letter of credit With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of S 25..700 which is fifty percent(500%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materia,s to them or to the Subdivider.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider, the amount secs rities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 4. GUARANTEE A D WAR>?ANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmansl,ip and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 964.6,"Acceptance,"of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. S. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishtpent work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Subdivider wan-ants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Subdivider shall make whatever changes are 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 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 agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. MgBb4 T : Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards, commissions,officers,agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any 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,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COS : Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey trwnuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PEMr'M a NCE'M COSTS:If Subdivider fails to complete the work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel perfomtance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,ever if'Subdivider subsequently proceeds to complete the work. 12. WCO PORAT ON/A EMnON. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. RL.MW va\EAvc%F& \AG WOKMAG-3M.4w R". i y i,iS ............ ................................................................................. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California X CONTRA COSTA ss County of r� On before 3, 1999 before me, TREVA HARMON, NOTARY PUBLIC Date Name and T;tle of Off.cer;e.g.'Jane Doe.Nota'�PJD[i'C r' PETER W. BRANAGH personally appeared � Name;s,of Signerisl ' Z` > X_ personally known to me �< proved to me on the basis of satisfactory evidence ? r ' to be the personA whose name( is/04'e subscribed to the within instrument and acknowledged to me that he/ ? executed the same in his/W/ter authorized capacity(ot�, and that by his/t e/tt;i6 TREVA FtARIVION signature(sl on the instrument the person(e), or Common 010773V the entity upon behalf of which the person4) -si Notary Public—CaAlrxnia Contra Costa CCU* acted, executed the instrument. ? My Comm.Expires Nov 121999 WITNESS my hand an official seal. rte- ? Place Notary Sea'.ADDve Signature of Notary Puelic n OPTIONAL Though the information below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: SUBDIVISION AGREEMENT h r Document Date: AUGUST 17, 1999 Number of Pages: 1-2 SIDED y r Signer(s) Other Than Named Above: r r Capacity(les) Claimed by Signer Signer's Name: PETER W. BRANAGH 1131,11 Individual Top of mrc here r ?� X= Corporate Officer—Title(s): PRE,S1D.ENT Partner—s Limited —_ General c Attorney in Fact Trustee Guardian or Conservator Other: n ?� Signer Is Representing: BRANAGH DEVELOPMENT, INC. 3 h rt, r 1997 Nat oral Notary Association•9350 De Soto Ave PO.Box 2402•Chatsworth.CA 91313-2402 Prod No 5907 Reorder Ca''Toil-Free ?uG-6'6-Ec 7 Tax Collector's Offlc- William J. Pollacek Contra 4 County Treasure-Tax Collectc 625 Court Street Costa Joseph L.Martinez Finance Building. Room 100 Costa F ce BuiAss start Tax C61iec±Gr P Baa 631 County t."enmez Ca'��forni2 54553-1260 Nancy L.Webster (925) 646-4122 Tax Coliecticns Stats Manage, (925) 646-4135 FAX Joslyn Mitchell Property Tax Supervisor Date: July 14, 1999 IF THIS TRACT IS NOT FILE© PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R & T CODE 26018) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract I MS # CITY T.R.A. 98-2 ALAMO 88052 Parcel #: 194-110-018 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 1998-1999 tax lien has been paid in full, Our estimate of the 1999-2000 tax lien, which became a lien on the first day of January,1999 is $ 9 X800.00 This tract i1V is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, TreasTax C U star P 'mium: $100 (Minimum) SUBDtVISTON TAX BOND ri .u00034392 L\$C't TLiD rtiRSUANI r'U FtF;t}tllitF:MF:N'r FOW SECAlki-I'V t1m)ERTttti C.'ALtF`OWNIA LaW RELAY'I`Vti IV SUNDrVLXit}"VY Know All Men by'I'hese Presents: c wt I3rana i7 Development. Inv., A California Corporation, as principal, And FRCiNT1?g PACIFIC IIv''URANCE COMPANY , a corporation. duly orgtnirc€l and Joing buxincss under and by virtue of the laws of the Stsste or Caliromia, and duly lics:nsvd ror clic purpose or making, guaraeetos:ing or becoming sole surety upon bonds or undvruaking:s roquired or authari:avd by thw laws of the State of California, as surety,are hold and rirrnly bound unto the Couinty of Contra Costa in the sunt of Nina Thousand Six Ilundrod Dollars ($9,600.00) lawful money of the United -States of Amwrivn, far chi: payrnont whereof well and truly to bit made. wry bind Oursolves, our hairs, executor, succous,ortt tams wyiiiUns,jointly and severally, r1rnn#y by tho*c prViounla, THE CONDITION Or- TI IL FORE iUING OBLIGATION IS SUC'I I `l'I IAT, WHC'RC2AS, The owner(s) of a division or land rcprc4enting a certain subdivision or rvrtl estate, To wit: Parcel Map No, MS 48.2, intend (s) to file u map thvrcot'with the Recorder or Contra C0,4aa County; wid WHEREAS, There are no liens against the sulxrivision or any part thereof for unpaid stat,, county, municipal or uthar local taxes or assessmen#.s cwlloctcd as taxes except taxes or aascssrnetnt not yet payablc;and WHI=RTAS. Tlw provisions of the Govammcnt Code of the State or Calirornis require that this brand b+: riid with the Clerk of the Hoard orSupvrvixors of Contra Costa Cuuniy prior to recordation or tine tracL/pars:ul rnap; 'NOW, 'I'i lbRFOKE, Ir the allove-bounden principal shall pay when duo all taxCt and wiscssments. which at the time or filing said snap, are a lion against the subdivision, or any part thorcof, bot nest yet payable then this obligation -,hall he null and void; othvrwiso to remain in full rorvc and e rrec:L. The obligation of the surety hcreuridcr shill arise immediatariy upon dho fltilure of tate above- bounoun priiic:ipal to pay when due to the County of Cootra Costa the aforesaid tax`* and tusiccxxntesnts and shall remain in full lore, and effect until said taxes and asx*xt+nents, including any supplwninrtl assc:ysrrscint:t, are paid in full including any penalties incurrod. In reepect to auch obligation that suri:ty waivc the benefit of the provisiows of Section 2845 of the C:#oil Csytic c'sf Calitort'sia. It'legal action is required to reenver under this brand, the protection afforded by it shall cover the paymcm cit'reasonable atiorncy rcc.s. Signed and scat,d-rhis bond.t-he prute,tiun afrorded by it shall cover the payment of reasonable attorney fees. Signed and sealed this .__....20th. day of jUly _ 1099 BOND NUMBEK. SDO0034392 Br*na$h Devely bMe . tate. - A California Corrsoratfon pri ,,yrC�a""�M+ -I This utast be acknowledged �e teT � ,.... Bram r h P- i rl -+- r P �._ eli br`orC :: Notary Public rt Danville Blvd. , #17+x , Alamo 701 743-95001 Ttlephono No. FRONTIER PACIFIC_INSURANCE COMPANY Suraty La 425Jo ecu v are, Suite 200 Address ofSurcty BOND REVIEWED AND APPROVED �y Y �P , tto - y-in-lac c CONTRA Cyglofi'I' COUNTY ftVOMLAA -' CC)LZi$CTO I°tile _. r' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of CONTE ^, COSTA ss' A 7 R, On JULY 20, 1995 before me, TREVA HARMON, NOTARY PUBLIC Date Name ano Title o'officer ie g.. Jane Doe,Notary Public, personally appeared ?ETER W. BRANAGH Names)of S,gnerns ? r personally known to me r ? proved to me on the basis of satisfactory s evidence r,� r r to be the person whose name(,q) is/ subscribed to the within instrument and acknowledged to me that he/ `/t�ey`executed the same in his1W1th0'r authorized capacity(ip-9), and that by his/�d'r/tl;i,6`ir TR€VA HARMON signatureX on the instrument the personA. or z CommiWon A077sd7 the entity upon behalf of which the person(e •i Notory public—Calftmia acted, executed the instrument. Contro CCOO cowdy My Comm.Expires NOV 12.1999 WITNESS my hand and official seal. Place Noiar,Seat Above Signature of Notary Public A OPTIONAL r Though the information below is not required by law. it.may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: SUBDIVISION TAX BOND Document Date: JUL`,' -0, 1555 Number of Pages: 1 r - Signer(s) Other Than Named Above: Ca acit ies CIVE" r p Y{' ? ti J���tANAGH < Signer's Name: Individual Tor o`,r m� .e,c X_ Corporate Officer—Title(s). PRESIDENT h = Partner—__ Limited - General r' Attorney in Fact z� = Trustee Guardian or conservator ' Other: BF` `,'1`,%GH DEVELOPMENT, INC. r Signer Is Representing: t99, Nat onal Notary Assoc at,on•935C De Soto Ave P O Box 2462•Chatswortn.CA 91313.2462 Proc No,5907 Reorder Call Toll-Free t-&GG-676-6627 CALwORNYA ALL-PURPOSE KNOWLEDGMENT No.5907 State Of CALTF RtiIA County of CONTRA COSTA On JULY 20, 1999 before me, C. MOLINO — NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E.G.,'JANE OCE,NOTARY PUBLIC' personally appeared GREGORY M. PRIBYL NAME(S)OF SIGNER(S) ❑1 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ct,m ,sson# 1 ,7675, � WITNESS my hand and official seal. o; Yo r. NO*OrY PUO"C C f nic s * Contra CoSIC�xp�reApr County 2Vy Coy � '� r r SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TIT E(S) PARTNER(S) ❑ LIMITED GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER. ' DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) FRONTIER PACIFIC INSURANCE COMPANY SIGNER(Sj OTHER THAN NAMED ABOVE 951993 NATIONAL NOTARY ASSOCIATION•8238 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7164 RI INSURANCE COMPANY (a California Company) 4250 Executive Square,Suite 200,La Jolla,California 92037 POWER OF ATTORNEY Rttow e l f 4nen'Bg V�ese Tresents: That FRONTIER PACIFIC INSURANCE COMPANY,a California Corporation,having its principal office in La Jolla,California,pursuant to the following resolution,adopted by the Board of Directors of the Corporation on the 15th day of November,1991. "RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby Is,authorized to appointAttomeya-in- Fact to represent and act for and on behalf of the Company to execute bonds,undertakings,rocognizances and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; `RESOLVED,that the signatures and attestations of such officers and the goal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attomey or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company wham so affixed with respect to any bond,undertaking,recognizance or other contract of indemnity or writing obligatory In the nature thereof; 'RESOLVED,that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be In effect may insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attomey-ln-Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE,CONSTITUTE AND APPOINT. GREGORY M.PRIBYL FRANK R.OLSSON Walnut Creek California of ,in the State of its true and lawful Attomay(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowiedge and deliver In its behalf,and as Its act and dead,without power of redelegation,as follows: Bonds guaranteeing the fidelity of persons holding places 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; IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY THOUSAND($650,000.00)DOLLARS;and to bind FRONTIER PACIFIC INSUR- ANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of FRONTIER PACIFIC INSURANCE COMPANY,and all the acts of said Attomey(s)-in-Fact pursuant to the authority heroin given are hereby ratified and confirmed. 3tt Witness #)crco f FRONTIER PACIFIC INSURANCE COMPANY of La Jolla,California,has caused this Power of Attorney to be signed by Its Vice President and its Corporate seal to be affixed this 13th day of May 19 98 . FRONTIER PACIFIC INSURANCE COMPANY 00,0 W �i �ppp q JULY T{a iTliei '} DAVID E.CAMPBELL,Vice President STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) On May 13, 1998 before me,Trove Kenslar,Notary Public,personally appeared David E.Campbell,personally known to me to be the person whose name Is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. Witness my hand and official seal TPEVA KENSLEP Commission# 1045661 Z ZNotary Public— California Z Z San Diego County " My Comm,Expires Nov.26, 1998 Signature of Notary Corporation Acknowledgement 1,the undersigned,Joseph P.Loughlin,Secretary of FRONTIER PACIFIC INSURANCE COMPANY,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 Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the Corporation this 20th day of JulY 19 99 yt ®rroa,. yipp+-: € JULY ri e i aJoseph P.Loughlin,secretary a� FM 19.5002A-FP(11/97) 4. GUAMME AND WARRANTY Qf WOLK. Subdivider guarantees that said work shall be free from defects in material or workmansLip and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 964.6,"Acceptance,"of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 3. PLANT"ESTADLtS HM NT Wim, Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishr7rent work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMEba PLAN WARZ't.ANI'Y. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section Z and as required by the Conditions of Approval for the Subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Subdivider shall make whatever changes are 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 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 agreement as prescribed,nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. MEITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The ind=Dities benefirted and protected by this promise are the County,and its special district,elective and appointive boards, commissions,officers,agents,and employees. B. The H&i1ititI protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions, 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. Nonnditions: The promise and agreement in this section are not conditioned 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 subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. Com: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. to. SURMEY.S. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. it. NO"-,EUORANCE AND :If Subdivider fails to complete the work within the time specified in this Agent,and subsequent extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover casts incurred in completing qr maintaining the work,Subdivider agrees to pay all attorneys fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. IINQRPORAnQNtA/ NNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,the County`s rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RE(;ORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. ALWW o r tsveu:«vnMG WORr?AO.30Am Rai. *rmy 4,19" ti SUBDIVISION AGREEMENT (Government Code 566462 and 566463) Subdivision: V_q 2- R Subdivider: Bran air Inc . Effective Data C3� (�. 7 Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER 1.Michael Walford,Public Works Director By. .-� (him name At title) • RECOMMEN12 OVALpeter W Branagh By: (sem) 4Ejjlijr,�;�S ees Division (h;m,�ne t title) FORM Ar J.Westrruan,County Counsel (NOTE: All signatures to be acknowledged. If Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code S313.) I. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"fit ,ly",and the above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code SS66410 and following),in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordumce Code and rulings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. ME CNEMa SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Govemmart Code S66499,and the County Ordinance Codi,,provide as security to the County: A. For Perf gl=ce and ararrt S$I r d 0 Q cash,plus additional security,in the amount of s NQ which together total one hundred percent(IGO%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. _X— Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. _ B. For Payment: Security in the amount of S-2-5,70L which is fifty percent(50°!o)of the estimated cost of the work. Such security is presented in the form of. Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider, the amount sect:rities may be reduced in accordance with S94-4.406 and S944.408 of the Ordinance Code. CALIFORNIA AL--PURPOSE ACKNOWLEDGEMENT Sta+�`ofOPTIONAL SECTION Courty of 777 CAPACITY CLAIMED BY SIGNER Cn {� ry ��� Though statute does not require the Notary- c& befcre me, to fill in the data below,doing so may prove CA'E M .L :F='CER E.J..%AN c N .A -WUL,;;_ invaluable to persons relying on the personally appeared 2 documenL - ® INDIVIDUAL personally mown to me-SSR- © provided to me on the basis of satisfactory JZ CORPORATE OFFICER(S) evidence tof); ,(li be the person*whose nameW is/A MUM subscribed to fhe within instrument and acknowledged to me that I:PARTNER(S) ❑LIMITED he/ executed the same in 0 GENERAL his/t e% authorized capacity(iet), ®ATTORNEY-IN-FACT � and that by his/her/their signature(o ®TRUSTEE(S) on the instrument the person(o)or the C GUARDIAN/CONSERVATOR yS/6"/, � J entity upon behalf of which the per- 0 OTHER: -� son( 'acted, executed the instrument. WITNESS my hand ind official seal SIGNER IS REPRESENTING: of"Ase"")elkiNflMIr's 2 j OPTIONAL SECTION THIS MUST BE A-7�ACHED TC OOCL%IiEN,AT RIC-7r"7 TITLE OR TYPE OF DOCUMENT NUMBER CF PAGES C-7DATE ©F DOCUMENT SiGNER(S)OTHER THAN NAMED ABOVE Thp„pn err=a�a`a»a re+wur`e a.u. a m.xe.s.rurn .o orao+u rwvuy on:rr` tlOL:TFM Sfl{{C-0.+r:yp�nfPiW WfN Iii11KRTfl15'5 :B:M INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures recurred on documents must comply with the following to be acceptable to Contra Costa County. 1. FQR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signer exactly as it is typed or printed. 11. SIGNFTURES FOR INQUID-IALS-The name must be signed exactly as it is printed or typed. The signer's interest in the prcoerty must be states. Iii. i Ni-"ORES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the au-noray to sign tor and wnc the partnership. IV. 5IGN,"7URES FOR C RPORATiQN� Docurrents shouts be signed ay two otticers, one from each of the following two groups: GROU= 1. (a The Chair of the Board b The President Ic Any Vice-President GROUP 2. a The Secretary b An Assistant Secreta c The Chief Financial ®Icer d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copyof a resolution of the Board of Directors authorizing the person signing the instrument to execute Instruments of the type in question is required. A currently valid power of attomey, notarized, will suffice. Notarization of only one corporate signature or signatures from only one roup, must contain the following phrase: "...and acknov.!edged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Direcors'. :mw 1 ENGSVC%F07 MS%W:7ARY.WP: r — :4. .:1- CALIFORNIA ALL-PURPOS XCKNOWLE©GMEN-T No.s 07 State of CALIFORNIA County of CONTRA COSTA On -July 6._L9_99 before me, M. A. A.TWATER — NOTARY PUBLIC GATE NAME,TITLE OF OFFICER•E.G.. JANE OOE.NOTARY PUBLIC- personally appeared _ GREGORY M PRTRv> NAME(S)OF SIGNER(S) personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. a.A :o: = WITNESS my hand and official seal. No'-y Pub c-Califorr IC Cor:'ra Cc:�a County SIGNATURE OF NOTARY OPTIONAL Thouch the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudu ent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER IMPROVEMENT SECURITY BOND NO. SDO0034389 FOR SUBDIVISION AGREEMENT Tm.E(s) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(5) ❑ LIMITED ❑ GENERAL I 2—sided bond I ATTORNEY-IN-PACT NUMBER OF PAGES ❑ TROSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: 7/6/99 DATE OF DOCUMENT SIGNS R IS REPRESENTING: NAME OI-PERSCV(S)OR 6NTtTY(IES) aQNTIER PACIFIC INSURANCE COMPANY SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Boz 7164-Canoga Park,CA 51309.7184 ZROOM"TIER PACIFIC INSURANCE COMPANY (a California Company) 4250 Executive Square,Suite 200,Lo Jolla,California 92037 POWER OF ATTORNEY RnOtb Aff TICn Ty Vf csc Vt'esent8: That FRONTIER PACIFIC INSURANCE COMPANY,a California Corporation,having its principal office in La Jolla,California,pursuant to the following resolution,adopted by the Board of Directors of the Corporation on the 15th day of November,1991. "RESOLVED,that the Chairman of the Board,the President,or any Vice President be,and hereby is,authorized to appoint Attomeys-in- Fact to represent and act for and on behalf of the Company to execute bonds,undertakings,recognizance&and other contracts of indemnity and writings obligatory in the nature thereof, and to attach thereto the corporate seal of the Company, in the transaction of its surety business; `RESOLVED,that the signatures and attestations of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seat shall be valid and binding upon the Company when so affixed with respect to any bond,undertaking,recognizance or other contract of Indemnity or writing obligatory in the nature thereof; "RESOLVED,that any such Attomey-in-Fact delivering a secretarial certification that the foregoing resolutions still be in effect may Insert in such certification the date thereof,said date to be not later than the date of delivery thereof by such Attomey-in-Fact." This Power of Attorney is signed and sealed in facsimile under and by the authority of the above Resolution. DOES HEREBY MAKE,CONSTITUTE AND APPOINT: GREGORY M. PRIBYL FRANK R.OLSSON Walnut Creek California of ,In the State of Its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred in its name,place and stead to sign,execute,acknowledge and deliver In its behalf,and as its act and deed,without power of redelegation,as follows: Bonds guaranteeing the fidelity of persons holding places 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; IN AN AMOUNT NOT TO EXCEED SIX HUNDRED FIFTY THOUSAND($550,000.80)DOLLARS;and to bind FRONTIER PACIFIC INSUR- ANCE COMPANY thereby as fully and to the same extent as if such bond or undertaking was signed by the duty authorized officers of FRONTIER PACIFIC INSURANCE COMPANY,and all the acts of said Attorneys)-in-Fact pursuant to the authority herein given are hereby ratified and confirmed, 311 Zitness 10ereo f FRONTIER PACIFIC INSURANCE COMPANY of La Jolla,California,has caused this Power of Attorney to be signed by its Vice President and its Corporate seal to be affixed this 13th day of May 19 98 FRONTIER PACIFIC INSURANCE COMPANY 10 mra t o 10 BY: STATE OF CALIFORNIA) " ,..,,,',,,,,, DAVID E.CAMPBELL,Vice President COUNTY OF SAN DIEGO) On May 13, 1998 before me,Trove Kensler,Notary Public,personally appeared David E.Campbell,personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person(s),or the entity upon behalf of which the pereon(s)acted,executed the instrument. Witness my hand and official seal TREVA KENSLER Commission x 1045661 Z , Z Notary Public — California Z � Son Dego County �,' My Comm.Expires Nov.26, 1998 Signature of Notary Corporation Acknowledgement 1,the undersigned,Joseph P.Loughlin,Secretary of FRONTIER PACIFIC INSURANCE COMPANY,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 Joseph P. Loughlin, Secretary, and affixed the Corporate Seal of the Corporation this 6th day of July 19 99 r y a Joseph P.Loughlin,Secretary FM 19.5002A•FP(11197) ••"'f B. The condition of this obligation-as to Section 2.(13) above is such that said Principal ,and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County (or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration with further notice to or consent by Surety; and the Surety hereby waives the provisions of California Civil Code Section 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on DULY 6, 1999 pRINCIPA-L:BRANAGH DEVELOPMENT, INC. SURETY:FRONTIER PACIFIC INSURANCE COMPANY Address: 3201 Da yiile Rd. .Ste. 170 Address: 4250 Executive Square, Ste. 200 City: A1amg, CA Zip- 94507 City: By: .. ,s By: Print Name: Zn.^-,,^t Print Name: Title: _t'J�rai."L Title: ATTORNEY—IN—FACT :mw G:kGrpData\Engsvc\Fom7s1BN WORMBN-12.doc Rev.August 5, 1998 Subdivision.: MS98-0002 Bond No.: SDQ0Q143 9 PREMIUM: $403.00 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee, and Payment) (California Government Code SS66499 - 66499.10) Y. RECITAL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to install and pay for street, drainage, and other improvements in Subdivision MS98-0002 , as specified in the Subdivision Agreement, and to complete said work within the time specified for completion in the Subdivision Agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION: BRANAGH DEVELOPMENT, INC. , as Principal, and FRONTIER PACIFIC INSURANCE COMPANY a corporation organized 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. Performance and Guarantee: FIFTY THOUSAND FOUR HUNDRED AND NQ/100ths ----------------------- Dollars (S 50,400.00 ----------------- ) for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: TWENTY FIVE THOUSANTD SEVEN HUNDRED AND NO/100ths ---------- ------------------------ Dollars ($25,700.00 ------------------ ) to secure the claims to which reference is made in Title XV (commencing with Section 3052) of Part 4 of Division III of the Civil Code of the State of California. �. CONDITION: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa(or city assignee), its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County (or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered.