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RESOLUTIONS - 01012005 - 2005-569
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 13, 2005,by the following vote: APES: Gioia,Piephu,DeSauluier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None O .UTI� N Nc . SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 03-08755, being developed by KB Home South Bay Inc.,North Richmond area. (District I) The followingdocuments were presented for Board approval this dater I. Map The final map of Subdivision 03-08755, property located in the North Richmond area, Supervisorial District I,said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with KB Home South Bay Inc., principal, whereby said principal agrees to complete all improvements as, required in said subdivision agreement within two years from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. Originator:Public Works(ES) Conta :rm Cf: S.Gospoach>'3cov(313-231b) LS:rm _ ATTESTED: riG>�.6,G.r ee'• _LS G:NGrpData\Engsvc\BO\2005w9-13\SD 03-08755 neo-2l.aoc JOHN SWEETS , Clerk of the Board of Supervisors and cc: Public Works-T.Eels,Construction Current Planning,Community Development County Administrator T-July 13,2007 First American Title Company 1355 Willow Way,#101 Concord,CA 94520 Attn:Barbara Pinto,(925)356.7023 By -''' !�c'�' t,. Deputy KB Home South Bay,Inc: 6700 Kull Center Pkwy,Ste 200 Pleasanton,CA 94566 Atm:Geoff Bradley RESOLUTION NO.2005/ SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 03-08755, being developed by KB Home South Bay Inc.,North Richmond area. (District I) DATE: September 13, 2005 PAGE: 2' A. Cash Bond Performance amount: $34,343.00 Auditor's Deposit Permit No. 448149 Date: July 18, 2005 Submitted by: KB Home South Bay Inc. Tax ID Number 95-3992523 B. Surety Bond Bond Company: Fidelity and Deposit Company of Maryland Bond Number: 08816744 Date: June 23, 2005 Performance Amount: $3,399,957.00 Labor&MaterialsAmount: $1,717,150.00 Principal: KB Home South Bay Inc. 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 2004-2005 tax lien has been paid in full and the 2005-2006 tax lien,which became a lien on the first day of January 2005, is estimated to be $158,600.00, with security guaranteeing payment of said tax lien as follows: •' Tax Surety Bond Company: Hartford Fire Insurance Company Bond Number: 72BSBD8976 Date July 12, 2005 Amount: $158,600.00 Principal: KB Home South Bay Inc., a California Corporation NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. 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. 2. That said final 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. 3. 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SUBDIVISION AGREEMENT 8'75-r (Gov.Code,§§66462 and 66463) Subdivision: S DO 3 D 75-r Effective pate: ✓ /''''1�,� Subdivider. lZis +�8 m e-- sc-UTH ekY IN(-, Completion Period: 2 'ytat rS THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTYSUBDIVIDER Maurice M iu, By' Print Name R CO ENDER FOR APPROVAL: Print Title r t [ ✓ a, ,z By: jtl/ Print Name Engineering Seryrces rvision Print Title VP FORM APPROVED: Sllvano B.Marchest,County Counsel NOTE:All signatures must be acknowledged.if Subdivider is incorporated,the contract must be signed by two officers.The first signature must be that of the chairman of the board,president,or vice-president;the second signature must'be that of the secretary, assistant secretary,chief funancialofficer,or assistant treasurer.(Civ.Code,§1190 and Com,Code,§313,) CERTIFICATE OF ACKNOWLEDGMENT State'of California ) } ss. County of ) On the date written below,before me,the undersigned Notary Public,personally appeared the persons)signing above for personally known to me(or proved to moon the basis of satisfactory evidence)to be the persons)whose name(s)Were subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisiher/their authorized capaciiy(ies),and that by histherAheir signature(s)on the instrument the person(s),or the entity upon behalf ofwhich the persons)acted, executed the instrument WITNESS my hand and official seal. Dated: Notary ubi� (Notary Seal) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,(herainafter'County')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 tights,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 Costs County Pubic Works Department,as required by the Conditions of Approval for this Subdivision,and in conformance with the Contra Costa County Ordinance Code,including future amendments thereto (hereinafter'Ordinance Coda'). Subdivider shall complete said Improvements(hereinafter'Work")within the above completion period from data hereof,as required by the California Subdivision Map Act(Gov. Code,§§664)0 at seq.)In a,good workmanlike manner,in accordance with accepted construction practices and in a mannerequal or superior to the requirements of the Ordinance Code and rulings made thereunder,and where there is a conflict among the improvement plans,the Conditions of Approval and the Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENTS SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Gov.Code§66499 and the County Ordinance Code,provide as security to the County A. For'Performance and Guarantee:$ 3!f,3.{7Q1ssh,plus additional security,in the amount of$ 3, !IAF gwhich together total one hundred percent(100%)of the estimated cost of the Work.Such additianai security is presented in the form of Cash,certified check or cashiers check. 3c' Acceptable corporate surety bond. Acceptable irrevocable letter of credit With this security,Subdivider•guarantees performance underthis Agreement and maintenance of the Work for one yearafter is completion and acceptance against any defective workmanship or materials or any unsatisfactory performance: tt B. For Payment: Security in the amount:$ € 717, (,-Q.00 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. Form Approved by County Counsel Acceptable irrevocable letter of credit: (Rev.9/031 Page 1 of 2 With this security,Subdivider guarantees payment to the contractor,to its 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 Subdivider,the amounts held as security may be,reduced in accordance with Sections 94-4.406 and 94-4.408 of the Ordinance Code: 4, GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that the Work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,'Acceptance,'of the Ordinance Code, Subdivider agrees to correct,repair,or replace,at Subdivider's expense,any defects in said Work: The guarantee period does not apply to road improvements for private roads that are not to be accepted into the County road system;' 5. PLANT ESTABLISHME NT WORK,Subdivider agrees to perform plant establishment work for landscaping installed under this Agreement Said plant establishment work shall consist of adequately watering plants,replacing unsuitab(e plants,doing weed,rodent and other pest control and other work determfhedby the Public Works Department to be necessary to en sure establishment of plants. Said plant establishment work shall be performed fora period of one(1)year from and after the Board of Supervisors accepts the Work as complete. 6. IMPROVEMENT PLAN WARRANTY.Subdivider warrants the improvement plans for the Work are adequate to accomplish the Work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. if,at any time before the Board of Supervisors accepts the Work as complete or during the one year guarantee period;said improvement pians 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 andtor materials,or approval of the 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 combinationor all of these acts,shall not relieve the Subdivider of Its obligation to fulfill this Agreement as prescribed;nor shall the County be thereby stopped from bringing any action for damages arising from the fallure to comply with any of the terms and conditions hereof. 8: INDEMNITY. Subdivider shall defend,hold harmless and indemnify the Indemnitees from the liabftities as defined in this section, A. The Indemnitees benefitted and protected by this promise are the County and its special districts,elective and appointive boards,commissions,officers,agents and employees. S. 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 arty combination of these,and regardless of whether or notsuch liability,claim ordamage was unforeseeable at any time before County reviewed said Improvement plans or accepted the Work as complete,and including the defense of any sult(s),action(s),or other proceeding(s)concerning said liabilities and claims. C The actions causing liability are any ark or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them. D. Non-Condltlons.The promise and agreementin this section are not conditioned or dependent on whetherornot any indemnitee has prepared,supplied,or approved i any pistils)orspecification(s)in connection with this Work or Subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly from any negrgent or willful misconduct of any indemnitee. 9. COSTS. Subdivider shall pay,when due,all the costs of the Work,including but not limited to the costs of relocations of existing utilities required thereby;inspections;material checks and tests;and other costs incurred by County staff arising from or related to theWork,and priorto acceptance of the Workas completaorexpiration of any applicable warranty periods, whichever is later. 10: SURVEYS.Subdivider shall set and establish survey monuments in accordance with the filed neap and to the satisfaction of the County Road Commissioner-Surveyor before' acceptance of the Work as complete by the Board of Supervisors. 11, NON-PERFORMANCE-AND COSTS. If Subdivider fails to completa the Work within the time specified in this Agreement and subsequent extensions,or fails to maintain the Work,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 County(including,but not limited to,engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Once actionis taken by County to complete or maintain the Work,Subdivider,agrees to pay,all costs incurred by County,even if Subdivider subsequently completes the Work. Should County sue to compel performance under this Agreementorto mccvercosts incurred In completing or maintaining the Work,Subdivider agrees to pay all attorney's fees, staff costs and all other expenses of li#igation,incurred by County in connection therewith,even 9 Subdivider subsequently,proceeds to complete the Work. 12. INCORPORATIONIANNEXATION. if,before the Board of Supervisors accepts the Work as complete,the Subdivision Is included in territory incorporated as a city oris annexed to an existing city,except as provided in this paragraph,County's rights under this Agreement and/or any deposk 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.The provisions of paragraph 8(Indemnity)shat continue to apply in favor of the indemnitees listed in paragraph 8.A.upon any such Incorporation or annexation, 13. RECORD MAP. in consideration hereof,County shall allow Subdivider to file and record the final map or parcel map for said Subdivision. 14, RIGHT OF ENTRY. Subdivider hereby consents to entry onto the Subdivision property,and onto any other property over which Subdivider has land rights and upon which any portion of the Work is to be installed pursuant to the improvernentplans,by County and its forces,Including contractors,for the purpose of inspection,and,in the event of non-performance of this Agreement by Subdivider,completion and/or maintenance of the Work. Form Approved by County Counsel (Rev.9/03) H:1Finar PMLW-S ubAgmt9.03.wpd Page 2 of 2 .. fi IMI:3::.133hpFx fl:z,a3 E;`Ei'.M?£:e?E e F ::E' ... :°i'�0,11 � 333 Ifl�.... M... :3a"e:x •• •.•3x:3:3 I p?:::zx I EVe::x:3 v:x-:a::ahY.f:ee�:: ................»............�:.........W.I....1.1....8 .....qA...3N3q:x:;:3pi 3•...lE.....3l.....3........:....-3 vro::a3 r..zx, xzzz z..:..:x.::z::»rr::::»:::.:..:.::r:::�.:.:...:: _... ...... __. ...-,. .... .... .... N� ..,r .IF. 3. 13 3,ry '3l ne..3l,l.. 33E.,a 3 •331 3p3' -E�3�F1 a33fi i$l.z: 3333 333zzzzzla iE z33i !if r331lEp WK 1py:;r f1N 35mrrm! CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT` State of California /arn ' County of Ss, . On t, .crY. . > before me, iy R. /"G t eel lrf' f i Date Name and Title of Officer(e.g.,`Jane Doe,Notary Public") personally appeared sleoriP Alek"Ili Name(s)of Signer(s) C/personally known to me ❑ proved to:me on the basis of satisfactory evidence jI to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that CalW1rnirdon#1646M he/she/they executed the same in his/her/their NolkW'rum.cawomb authorized capacity(ies), and that by his/her/their Akam Cow* signature(s) on the instrument the person(s), or the M1fCiaMAn.81go6 22i=4entity; upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above ( �til� •yl . 4 , Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment Of this formtoanother document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name`. Signer's Name: ❑' Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Tibe(s): Q Partner—C Limited ❑General RON ❑ Partner—❑Limited ❑General ,D Attorney in Fact Top of thumb Here ❑ Attorney in Fact ' Top of thumb.here ED Trustee ❑ Trustee Guardian or Conservator ❑ Guardian or Conservator C Other: ❑ Other: Signer Is Representing: Signer Is Representing: 0 2004 National Notary Association,•9350 DeSoto Ave,,P.O.Box 2402•Chatsworth,CA 91313.2402 Item'No.5907' Reorder:Call Toll-Free 1-800.676-6627 CALIFORNIA A ALL-PURPOSE ACKNOWLEDGMENT State of California County of On ��1?L�7, ,�DlJ� before me 6.11147* cZ R. Date �. Name and Title of Officer(e.g.,"Jane race,Notary Publie) personally appeared hrf s ec r ,,�y A. Name(o of signar{s} SOS. t r V.,�St /personally known to me D proved to me on the bads of satisfactory evidence to be the person(s) whose name(s) is/are subscribed eta IA R'.IAIRb a, to the within instrument and acknowledged to me that CommWion# 15W94 he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their AkxrWdo C'011go signature(s),on the instrument the person(s), or the MVC b0wja►a2 entity upon"behalf,', of which the person(s) acted, executed the instrument. WITNESS my hand and official seal.r ��(()). Place Notary Seat Above 4�`T •�: 4elt w Signature of Notary Public Oar 7 J1rMf. Though the information below is not required by taw,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: Document Bate: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer(s) Signer's Name Signer's Name: D Individual D Individual 1 Corporate Officer--Title(s): D Corporate Officer—Title(s): D Partner—D Limited J General D 'Partner—D Limited [I General =' . D Attorney in Fact Top of thumb here` D Attorney in Fact Top of thumbhere El Trustee © Trustee ' El Guardian or Conservator ❑`Guardian or Conservator D Other: D Other: Signer Is Representing Signer Is Representing: C 2004 National Notary Association•9350 Do Soto Ave.,RO.Box 2402•Chatsworth,CA 91313-2402 item No.5907 Reorder:Call Tali-Free 1.800.876.5827 OFFICE OF COUNTY AUDITOR CONTROLLER `� � 'f' t MART Z,CALIFORNIA 110 TME 7R1=A5tlRER: RECEIVED MOM ORGANIZATION NUMSER 'T`-,; (For Cash Collection ProCedu ft we County AdrrinnhctWs Suktin 105.) DESCRIPTION FIM/oRa � TASK ' TION ACTTYITY AMJL�tT t " C" I f ff ` K�/ r ,rye 1 L f > SA PLANATICttV: l y, TOTAL $ i DEPOSIT 17/t(`16. i 7 ..�rY t '(' / � -; � y f Deposit consixts of tie foRawing items CCNNIandUR CRENCY pC�H��EryryCKS,M.O.ETC. $ Fcw Awrrca-coN.TROLLER Lm ONLY DEPOSIT 4)"950, PERMIT pp NUMBER DATE 448149 ASSIGNED The amount of money described atom a for Tt is m sipt of above on"int is+op wined keceipt of atsoNe nrmount is depasit into the County Trepsm.s N"�y r. � r- CN:IcI'3CFJ��./� ( . / EXT. �(.�d �. ��Aduitor Deputy County Treaww E<aielE�vss s s°"i�41r1ase v � ... OFFICE OF��C♦♦C�L�IWY�TOR�y-CQM�TROLLF2 17f THE l i.�l'�SURER» I�RTlWZ,CALIFORNIA I r, RECENED FROM ✓ x Y. ORGANIZAN)N NUMBER mat v' (For Cosh C &dm Procedures see County Administrator`s Bulletin 105) ) am DESCRPTION FUND/0M TASKACTIYrrY' AMOUNT f t { L p(i j } I 3A L "I ' S } p ! 4 I 1 [ i ! ! ! ! ! ! S EXPLANATION- TOTAL' $ � DEPOSIT ! Deposit consists of the following ihm CC?IN ondCURRENCd $ CHECKS,M X ETC. $ BANK DEPOSITS $ FOR AUD"M-CONTROLLER USE ONLY DEPOSIT P DP NUMBER AS5IGNE! The amouitt of maswsy described above is for Treasurer's receipt of above omaunt is approved. Receipt of above amount is hereby - deposit inht the County Treasury1 ftp tM ! Ery EXT 11 Sgned. DeputyCounty,AuclUor Deputy County Treasurer D-34 REV.(7-43} 0682-9752 / 139200: G1161362, $126.613.51, Sb03-8755, CDA 68 KB Home South Say Inc., 6700 Koll Center Pkwy, Suite 200, Pleasanton, CA 94566 819800-0800: *. 61161362, $34.348.00, Sb03-8755, Cash Bond, KB Home South Bay Inc,, 6700 Koll Center Pkwy, Suite 200, Pleasanton, CA 94566 0649-9665 / 112300, $1,500.00, 5003-8755, Landscape Plan ck Dep, KB Horne South Bay Inc., 6700 Koll CenterPkwy, Surto. 200, Pleasanton, CA 94566 Tract $755 Subdivision: Alella Flora} ' Bond No.: 08816744: Premium: IMPRovEMENT SECuRrrY BoND FOR SUBDngSTON AGREEMENT (Performance, Guarantee and Payment) (California Government Code §'§ 66499- 66499.10) 1. REcITAL;OF SUBDIVISION AGREEMENT: The developer(principal);has executed a subdivision agreement with. the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision. Bella Flora 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'ndings thereunder in order to satisfy conditions for filing of a final map or parcel reap for said subdivision. 2. OBLIGATI t3N: KB HCS`-South Bay Inc. as principal and Fidelity and Deposit Company of Maryland a corporation organized and existing under the laws of the State of Maryland 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 as follows: A. Performance and Guarantee: Three Million Three hundred Ninety Nine Thousand � Dollars($3,399,951.00 )for Contra.Costa County or any city assignee under the above County Subdivision Agreement. * Nine hundred Fifty Seven and 'N01000 B. Payment: One Million Seven Hundred Seventeen Thousand One Hundred *—Dollars ( -1,717,150.00 }to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. # Fifty and N01000 3. CONS: A. The Condition of this obligation as to Section(2.A.) above is such that if the above bonded principal, or principal's heirs, executors, administrators, successors or assigns; shall in all things stand to and abide by and well and truly keep and perforin the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein;provided, on it or its part, to be kept and performed at the time and in the manner thereinspecified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Centra Costa (or city aasgnee)its officers,agents and employees, as therein stipulated, then this obligation shall become null and void, otherwise it shall be and remain in fullforceand effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees, including reasonable attorney's fees,incurred I ey the County of Contra Costa(or city assignee)in successfully enforcing such obligation, all to be taxed as casts and included in any judgement rendered. $ 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 subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of,any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also, incase suit is brought upon this bond, will pay,in addition to the tact amount thereof,reasonable costs, expenses and fees,including reasonable attorney's fees, incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, all 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 work under conditions of this bond be frilly performed,thea this obligation shall become null and void-, otherwise it shall be and remain in full farce 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 of Contra'Costa'(or city assignee)shall relieve the surety from liability on this bond; and consent is hereby given to make such alteration'without finder notice to or consent by the 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 the principal whenever taken.' SIGNED AND SL,6Ly on June 23, 2005 ----- Fidelity and Deposit Company PRINCIPAL: KA HOME South Bay Inc. SURETY: of Maryland Address: 6700 Koll Center 'Parkway, Suite 200 Address: 801 N Brand Blvd., Su.ite750 City: Pleasanton Zip: 94566 City Glendale ,Zip: .91.203 By: 'A A .... By: 2& L br Print Name: 0 Print Marne J yee 'Herrin. Title: 'WAA61 K_�Q(SVUIO Title: Attorney-in-Fact Mmwaap G,kGrpData\taSSveT-txma\]3N WORMBN-12.doc Rev.November 26,200 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of t 'l c�t'1 t"!1/LL OPTIONAL SECTION County of M4�QydgCAPACITY CLAIMED BY SIGNER On 4114416.6- before me, 6U171-h1Q ,21rd , //L7)�7r ///� Though statute does not require the Notary to fi[[in DATE NANW,TITLE OF OFFICER E. .,'JANE DOE,N TARY PUBLIC" the data below,doing so may prove invaluable to personally appeared JeYG P "d A&e&o7, VP. ` t iwl a;sl lov persons relying on the document. / NAME(S)OF SIGNERS) --'v�`— - 7 ❑ INDIVIDUAL 11/ ersonslly tenown to me-OR-.E7 roved t m on the basis of satisfactory evidence to ❑ CORPORATE OFF[CER(S) h b " e the person(s)whose name(s)is/are C" JTkIA It.R.BN12E) TITLE(s) CornmbWon#f'1546394 subscribed to the within Instrument and acknowledged to me that he/she/they executed ❑ PARTNER(S) ❑ LIMITED -yam Notary Pikft-Callomia '` the same in his/her/their authorized ❑ GENERAL Attrrnado Ctlurdyr capacity(ies),and that by his/her/their ❑ ATTORNEY-IN-FACT myco Yltrf. J01122.=4signature(s)on the instrument the person{s)or p' TRUSTEE(S) the entity upon behalf of which the person(s) ❑ GUARDIAN/CONSERVATOR acted,executed the Instrument. ❑ OTHER: WITNESS my hand and official seals SIGNER IS REPRESENTING: •(/� I NAME OF PERSON(S)ORENTITY(IES)[.. SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT; Number of Pages Though the data below is not required by taw,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the fallowing to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name;must be signed'exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must rr be stated. III. SIGNATURES FOR PARTNERSHIPS - Siggning party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should e'signed by two o kers,one from each of the following two groups: GROUP 1. (a)The Chair of the Board (b)The President c Any Vice-President GROUP 2. a The Secretary 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 theinstrumentto execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group, must contain the following phrase: ..and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors:" JC.mw '.. \\PwSAtSHARDATASGrpDua\EngSvc\FornisIWORD FORMSIALL PURPOSE NOTARY.doc Rev.August_t,20oL..' R t } 3 Y 8 State of California County of Los Angeles On .lune 23;., 2005 before me, Clarice Lee, Notary Public, personally appeared Joyce Herrin, personally known to me to be the person(s)whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she executed the same in his/her authorized capacity(es), and that by his/her 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 seat. r p C!ARIC:E LEE 1 4,W447 e i LOS,\hiuSL ., uur, v Clar�ce'L qty Gor r,+ L-xpires,lune 11,2008 Power of Aftvrney FIDELITYAND DEPOSIT COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,corporations of the S aryland,by PAUL C. ROGERS,Vice President,and T.E.SMITH,Assistant Secretary,in pursuance of u 13 Article Vl,Section 2, of the By-Lacus of said Companies,which are set forth'on the reverse a red to be in full force and effect on the date hereof,does hereby nominate,consti r� � �ERRIN,both of Los Angeles,California, EACH its true and lawful -n- e,seal and deliver,for;and on its behalf as surety,and as its act and dn s and the execution of such bonds or 0AY1 undertakings in pursuance o and Companies,as fully and amply,to all intents and purposes,as if they ° 1 xec' ged by the regularly elected officers of the Company at its office in Baltimore, The said Assistant s eby certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2 of the By s o said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,this 19th day of May,A.D.2003. ATTEST: FIDELITY AND DEPOSIT'COMPANY OF MARYLAND COLONIAL AMERICAN CASUALTY AND SURETY COMPANY w � aYM1 } Mwa r ByY T E.Smith Assistant Secretary Paul Ct Rogers Vice President State of Maryland ss: City of Baltimore On this 19th day of May, A.D. 2003, before the subscriber, a Notary Public of the -State of Maryland, duly commissioned and qualified, carne PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the :F'IDELIT'Y AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same,and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Companies aforesaid,and that the seals affixed to the preceding instrument is the Corporate Seals of said Companies,and that the said Corporate Seals and their signatures as such officers were drily affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Oficial Seal the day and year first above written 11-3 ku- LAr WWj- Sandra Lynn Mooney Notary Public My Commission Expires: January 1,2004 POA-F 012-32658 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board,or the President,or any Executive Vice-President, or any of the Senior Vice'-Presidents or"Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shallhave power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries,to appoint Resident Vice'Presidents, Assistant;Vice-Presidents and Attorneys-in-Pact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances,stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature ofrnortgages,...and to affix the seal of the Company thereto." EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUALTY AND SURETY COMPANY "Article VI, Section 2.The Chairman of the Board,or the President,or any Executive Vice-President,or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power,by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may 'require or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of ortgages,...and to affix the seal of the Company thereto. CERTIFICATE 1,:the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the respective By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994. RESOLVED: "That the facsimile or mechanically 'reproduced seal of the company and facsimile or mechanically reproducedsignature of any Vice-President, Secretary,or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed.'" IN TESTIMONY''WHEREOF,I have hereunto'subscribed my name and affixed the corporate seals of the said Companies, this 23rd day of June , 2005 Assistant Secretary ZURICH ' P RTA .T DISCLOSURE NOTICE P PA OF �' R BOND Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company,Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002, No action is required on your part. I)bcksnre of Terr�rrlsm.�.���' The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bond is` $_„_waivecl . This amount is reflected in the total premium for this bond: Disclosure of Abllity of Caverage for Terrorism Losses; As requited by.the Terrorism Risk Insurance Act of 2002,we have trade available to you coverage for losses resulting from acts of terrorism(as defined in the Act)with terms,amounts,and limitations that do not differ materially w those for losses arising from events other Ilim acts of terrorism isclusure of Fe-doral Share of Insurance Com ' 'Te oricm es The Terrorists Disk Insurance Act of 2042 establishes a mechanism by which the United Stas government will share In insurance Pop*parry lasses resulting from sots of terrorists(as defined in the Act)aftr a insurance company has paid krssess in excess of an annual aggregate deductible. For 2002,the insurance company deductible is 1%of direct earned pte mLWm.in the prior year;for 2003,70/9 of direct earned premium in the prior year,for 2W, 10 of direct earned promi€um.in the prior year;'snd for 2005, 15°l of direct earned premium'in the prior year. The federal share of an malt ince company's.lasses above its deductible is 305'o.In the event the United States government participates in loses,the Urate States government may direct insurance companies to collect a terrorism surcharge frotn poltq&olders. The Act does not currently provide for insurance industry or United States.government participation in lerrodsm losses that exceed$ 00 billion in any one calendar year. Defini a of Act ofTor roristn The Terrorism Risk Insurance Act defines"sat of terrorism"as any act that Is certified by tate Secretary of Ahe Treasury, . in o onotuTenc a with the Secretary of State and$re Attorney Oweral of the Wt ed States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human W property or infrautruo 3. to have twulted in damage within the ed States,or outside of the United States in the case of an air cairrier (as defined in section 44102 of title 49Unit, Ututted 17 States Code)ora United States flag vessel.(or a vessel based principally in the United States,on which United Std income tat is paid and whose insurance coverage is subject to regulation in the United Stat),or the prennises of a Y 3 altod States mission;and 4. to have been comttxhted by an individual or individuals acftg on behalf of any foreign person or foreign Interest as pan of an effort to coerce the civilian perpu tettion of the Wted States or to influence the policy or affect the conduct of the United States government by caeroton. But,no act shall be certified by the Secretary as an act of terrorism if the act is'committed as part of the course of a war declared by Congress(except for workers''compensation)or property and casualty insurance losses resulting from the act, in the aggregate, do not exceed$5,000,000. These disclosures are informational onl,and do not modify your bond or affect your rights under the bonds Copyright Zurich Atrierican Icrmurance CorrpaW 2003 6/23105 FATCO $42 8755 Tax Collector's Office /'"`` William J.Poilacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 R 0.Box 631 �"` {. Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646.4135 FAx Tax Operations Supervisor Date 6/23/2005 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract 1 MS# City T.R.A. 8755 SAN PABLCt85084 Parcel#: 408-160-038-1 408-160-039-9 408-160-040-7 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 2004-2005 tax lien has been paid in full. Our estimate of the 2005-2006 tax lien, which became alien on the first day of January, 2005 is $158,600.00 This tract 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 45 days from the date of this letter, unless this letter is accompanied with security approved by the Contra Costa County Tax Collector Subdivision bend must be resented to the County-'Tax Collector for review and a royal of adeguacviof security prior to Min_q with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasurer-Tax Collector k By: l �, - PRINCIPAL TITLE COMPANY SURETY KB HOME South Bay Inc. First American Title Co. Hartford Fire Insurance Company 6700 Koll Center Pkwy.,Suite 200 1355 Willow Way,#101 One Pointe Drive,Suite 325 Pleasanton,CA 94566 Concord,CA 94520 Brea,CA.92821-2333 Attn:Kerry Sinnott Attn:Barbara Pinto Attn:Thomas Moore (925)'750-1750 (925)356-7025 (714)674-1291 FATCO#1218562 Bond No.: 72BSBDM8976 Premium: $1,586.00 Tax Year 200512006 BOND AGAINST FAKES KNOW ALL MEN B'Y'THESE PRESENTS: THAT KBHOME South Bay Inc., a California corporation,as principal and (Surety)Hartford Fire Insurance'Company, a corporation organized and existing under the laws-,of the State of Connecticut 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 Hundred Fifty Eight Thousand Six Hundred and No/100 Dollars ($158,600.00),to be paid to said County of Contra Costa, for the payment of which will and truly 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 12th day of July 2005. The conditions of the above obligation is such that WHEREAS,the above bounded principal is about to file a map entitled Tract 8755 Bella Flora,Parcel#408-160-038-1 408-160-039-9 and 408-160-040-7 and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes`and specials assessments collected as taxes, against the said tract of land covered by said map,which taxes and specials 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. (Approval'Stamp) IAB HOME South Bay Inc., Hartford Fire Insurance Company a California.c p ratio By: By: _ #Y06 Herrin,Attorney-in-Fact DATE: BOND REVIEV&1D AND APPROVED' CONTRA COSTA COUNTY TREAS=E - C r C' CSR BY CALIFORNIA ACL.-PURPOSE ACKNOWLEDGMENT State of California County of t ss. On 1fL Z;3 -,W1QQ5, before me, T� > Date r Name IM Title of Officer je.g.,"Jane Doe,Notary public") personally appeared / ! f Name(s)of Signer(s) Yizrsonally known to me ❑ proved to me on the basis of satisfactory evidence i to be the person(s)whose name(s)is/are subscribed COWWOWa ' to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized -capacity(ies), ;and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, Place Notary Seat Above � �w Signature of Notary Public OFRONAc 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 Docum nt 'Title or Type of Document: InSi 7GZ �cx�l�3� mN Document Date: 0—riL10 IA; 6015 Number of Pages: Signer(s)Other Than Named Above: Capacity(fes)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual Cil Corporate Officer—Title(s): ❑ Corporate Officer—Titie(s): Q Partner—❑Limited ❑General ❑ Partner—❑ Limited ❑General O Attorney in Fact Top of thumb here 0 Attorney in Fact • Trustee ❑ TrusteeTop of thumb here ' • Guardian or Conservator ❑ Guardian or Conservator Other: ❑ Other: Signer Is representing:'. Signer Is Representing: 0 2004 National Notary Association•9350 tae Soto Ave.,P,O.Box 2402•Chatsworth,CA 91313-2402 item No.6907 Reorder:Call Toll-Free t-800.876-8877 State of California County of Los Angeles On July 12, 2005 before me, Clarice Lee, Notary Public, personally appeared Joke M. Herrinpersonally 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 acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted,` executed the instrument. WITNESS my hand and official seal. r- CLARICE LEE i � s .. � COMM.#14,0447 (C IDxK :. NOTARY PUBLIC;•CALIFORNIA LOS ES a- ' MY COMM,Expires June" 2008 y Clan e Lee ,�" poWEROFATrORNEy THE HAR17FORD FiMTFolW r?l", . Hartford FIre Insurance Company Twin City Fire Insurance Company Hartford Casualty insurance Company Hartford Insurance Company of Illinois Hartford Accident and Indemnify Company Hartford Insurance Company of the Midwest Hartford Underwriters Insurance Company Hartford Insurance Company of the Southeast KNOW ALL PERSONS BY THESE PRESENTS THAT the Harllbrd Fire Insurance Company, Hartford Accident and Indemnity Company and Hartford Undenvrltars Insurance Company,corporations duly organized under the laws of the State of Connecticut; Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois; Haftrd Casualty Insurance Company, Twin City Fire Insurance Company and Hertford Insurance Company of the Midwest, corporations duly organized under the laws of the State of Indiana;aind HanYord Insurance,Company of the Soultisest,a corporation duly organized under the laws of the Stats of Florida; haft their home office in Hartford,Connecticut,(hereinafter collectively referred to as the"Companies")do hereby make;constitute and appoint,tip to the amount of untirnited C.K.Atakamura,'Tracy Aston,Betty Walker;Marine Teple,Edward C.Spector,KeAna Conrad, Clarice Lee, Lisa L Thornton,Made Pena, Joyce Herrin Of L.osAngeles, CA th0ir true and lawful Attorney(s)4n-Fact,each in their separate capacity if more then one Is named above,to sign Its name as suretyQes) only as delineated above'by ®,i and to execute, seal and axkriowledge any and all'bonds,undertakings, contracts and other written Instruments In the-nature thereof,on behalf of the Companies In.their business of guaranteeing the fidellty of persons, guaranteeing the performance of contracts and executing'or guaranteeing bonds and undertakings required or permitted In any actions or proceedings allowed bylaw. Its Witness Whereof,and as authorized by a Resolution of the Board of Directors of the Companies on September 12th,2000, the Cornpandes have caused these presents to be signed by its Assistant Vice President and fis corpora seals to be hereto affixed,duly tdftsted by its Assistant Secretary, Further,pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unsnIbliguously a# rm thaCtliby fits abd will be bound by"mechanically applied signatures applied to this Power of Attorney. , M� �#�►!" � ', ams Paul A.6ergenholtz,Assistant Soomtery Colleen Martstmiannr,Assistant Vias President STATE OF CONN EC71C U Hartford COUNTY OF HAR7FORD 4n this 25s'day of October,2002,before me personally came Colleen Mastrolanni,to me known,who being by me duly swom, did depose and say: that she resides In the County of Hartford, State of Connecticut;that she Is the Assistant 'Mice President of the C-011TIP411111166t the oorpoinations descrlbed In and which executed the above instirmwt that she knows the seals of the said corporations;that the seals affixed to the salol Instrument are such corporate seals;that they were so affixed by authority of the Boards of Directors of said corporations and that she signed her.name thereto by like authority. Soot E Nat�ttyPablio t sir ATE MY Commissim Exp ms Oc ober 31,'2007 I,the undersigned,Assistant Vice President of the Companies,DO HEREBY CERTIFY that the above and foregoing Is a true and correct copy of the Power of Attorney executed by said Companies,which Is stili In full force effective as of July 12, 2005 Signed and seated at the City of Hartford. r r~afN+q"'rtt t 4 + y � l� `tins*e,rtr+f,� # rh 1fl9� 1070 1 #4 Yves Gantin,Assistant Vice President vnA Inns obligee'sllnsured's Name Contra Costa :County Tape Collector's Office obligee'sllnsured's Mailing Address 625 Court Street, Rm. 100 Martinez, CA 94553-0063 BancllPolicy Number 72BSBDM8976 IMPORTANT NOTICE TO OBLIIGEE IPOLICYH L DERS - TERRORISM[ RISK INSURANCE ACT OF 2002 You are hereby notified that, under the Terrorism Risk Insurance Act of 2002,effective November 25, 2002, we must make terrorism coverage available in your band/policy. However, the actual coverage provided by your bond/policy for acts of terrorism, as is true for all coverage's, is limited by the terms, conditions,, exclusions, limits, other provisions of your bond/policy, any endorsements to the bond/pollcy and generally applicable rules of law: Any;terrorism coverage provided by this bond/policy is partially reinsured by the United States of America under a formula established by federal Law. Under this formula, the United States will pay' 90% of covered terrorism losses exceeding a' statutorily-established deductible paid by surefiesfinsurers until such time as insured losses under the program reach $100 billion. 1f that occurs, Congress will determine the procedures for, and the source of, any payments for losses in excess of'$100 billion. 'The premium charge that hes been established for terrorism coverage under-this bond/policy is either shown on this form or elsewhere in the bend/policy. If there is no premium shown for terrorism on this form or elsewhere in the bond/policy,there is no premium for the coverage. Terrorlsrn premium: s Forth B-3333-0 Page 1 of 4 C 2002, The Hartford