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RESOLUTIONS - 01012005 - 2005-669
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 18, 2005,by the following vote: AYES: Gioia,Piepho,DeSaulnier,Mover and Uilkerna NOES: None ABSENT: None ABSTAIN: None OlUT1�ON 1w0 SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision '02-08687, being developed by Spanish Trails Associates,LLC,El Sobrante area. (District 1) The following documents were presented for Board approval'this date: 1. Map The final map`of Subdivision 02-08687, property located in the El Sobrante area,, Supervisorial District I, said map having been certified by the proper officials., II. Subdivision Agreement A subdivision agreement with Spanish Trails Associates, LLC, 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: Originator:Public Works(ES) I-hereby certify that this isa true and correct copy of an action Contact: S.Gospodchikov(313-2316) taken and entered on the minutes of the Board of Supervisors AH:mt on the date shown. G:\GrpData\EngSvc\BO\2005\10-18\SD 02-08687 B0-21.doc cc: Public Works—T.Bell,Construction Current Planning,Community Development T--August 18,2005 Spanish Trails Associates,LLC ATTESTED: (V44 all a no,CA 90507 Road Alamo, JOHN SWEETEN,Clerk of the Board of Supervisors and Al Developers Surety and Indemnity Co. County Administrator 2999 Oad Road,Suite 420 Walnut Creek CA 94597 By � r ,Deputy RESOLUTION NO.2005/ SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 02-08687, being developed by Spanish Trails Associates, LLC, E1 Sobrante area. (District 1) DATE: October 18,2005 PAGE: 2' A. Cash Bond Performance amount: $5,525.00 Auditor's Deposit Permit No. 451201 Date: September 15, 2005' Submitted by: Spanish Trails Associates Tax ID Number: 20-1766801 B. Surety Bond Bond Company: Developers Surety and Indemnity Co. Bond Number: 7201875 hate: August 9, 2005 Performance Amount: $552,500.00 Labor& Materials Amount: $276,250.00 Principal: Spanish Trails Associates, LLC 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 $21,200.00, with security guaranteeing payment of said tax lien as;follows; • Tax Surety Bond Company: Developers Surety and Indemnity Co. Bond Number: 7201885 Bate: August 9, 2005 Amount: $21,200.00 Principal: Spanish Trails;Associates, LLC 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.' That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. i ! f} \ W r ( 13'! Itnixt [WJ ia OOi 0.tit L}rW ZW_"' 27 riW6.2 .+E' ��,.I}9+y� W.. y yildWi 71� 4 R'l 6'.Cif 4Q^yP{:. 1t � �•:[} '.� ��G��_ � C3 : �+�IC {�15� �p�'� i eQ�s '(c- 1 2 rWu��+k7 2 {� - vlf�Nri3Wf. j f r �. At SII a ❑ Y;, '7! sk. S y:(3.C W j=>y Y Z Vz z; a E� Mf r. i �Q `�Y�a is sis ti 'SIrl1pT {* JF--r-4 ` rc z M■i r.+ ' rs� � W � i � }.� 1 .ti„�'x �-: �v'""i�yUi s. 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SPANISH TRAILS ASSOCIATES, LLC Completion Period: 2 years - August 2006 THESE SIGNATURES ATTESTTOTHE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER Maunce M.Shi ,Public Works Director SPANISH TRAI S AS GATES,; LLC By: Print Name $ ; AeAfAu4tin Group, LLC RECOMMENOE OR ROVAL: Print Title Wi F. Schrader J aria in Member By: Print Name c--' Engineering Servllm Print Titie FORM APPROVED: Silvan E.Marchesi,County Counsel N(_O E:Altsk�natur s must be acknowledge .If Sutxlivider is incorporated,the contract -- must be signed by o officers,The first signature must be that;of the chairman of the board,president. rvice-president;the second signature must be that Of the secretary, assistant secretary,chief financial officer,orassistant treasurer.(Civ.Code, 1190 and Corps.Code,§313.) CERTIFICATE OF ACKNOWLEDGMENT State of California )- SEE ATTACHED NOTARY ACKNOWLEDGMENT County of )' On the date written below,betore me,the undersigned Notary Public personally appeared the n(s)signing above for personally known to me(or p€oved to me on the basis of satisfactory evidenr )to be fhe pemson(s) name(s)istam subscribers to the within instrument and acknowiedg ed to me That helshelthey,' executed the same in his1herltheirauthorized capacity(ies),and that by bis/he€l gnature(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. Dated: Notary Public (NotarySeal) 1. PARTIES&OATE.Effective or€the above date,the County of Contra Costa,California,(hereinafter"County')and the above-mentioned Subdivider mutually promise and agree' as followsconcerning this Subdivisioru 2. IMPROVEMENTS.'Sdbdivideragrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fl-re 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 CdnEra Costa County Public Waft Department,as required by the Conditions of Approval for this Subdivision,and in conformance with the Contra Costa County Clydfnance Code,including future amendments thereto (hereinafter'Ordktancs Code').' Subdivider shalt complete said improvements(herainafter'Work')within the above completion period from irate hereof,as required bythe California Subdivision leap Act(Gov.' Code,§§66416 at seq.)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal 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 shag 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: $ cash,plus additionat security,in the amount of$' 5 5:2,5 00 which together total one hundred percent{1Bff°la)of the estimated)cost of the Work. Soh additional securtty;is presented in the form of: Cash,cemtified check'or cashier's check. XX Acceptable corporate surety bond. Acceptable irrevocable letter of cred it. With this security,Subdivider guarantees performance underthis Ag reement anci maintenance of the Work fru one yea rafterits completion and acceptance against any detective workmanship or materials or any unsatisfactory performance. B. For Payment Security in the amount:$ 2 7 6,25 0 which is fifty percent(5i}"/o)of the estimated cost of the Work.Such security is presented in the form of: Cash,certified check,or cashier's check XX Acceptable corporals surety bond. Form Approved by County Counsei' Acceptable irrevocable letter of credit (Rev.9t031 Page i 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 944.408 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 ESTABLISHMENT WORK.Subdivideregrees to perform plant establishment work for landscaping installed under this Agreement: Said plant establishmentwork 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 an sure 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 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 plans prove to be inadequate in any respect,Subdivider shag make whatever changes are necessary to accomplish the Work'as promised. 7. NO WAIVER BY COUNTY. Inspection of the Work andlor materials,or approval of the Work andlor materials or statement by any officer,agent or employee of the County indicating thsWork or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said Work andlor materials,or payments therefor,or any combination or 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 failure to comply with any of the terms and conditions hereof. 8. INDEMNITY. Subdivider shall defend,hold harmless and indemnify the indemnitees from the liabilities 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. B. The liabilities protected against are any liability or daim 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 County reviewed said improvement plans oraccepted 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 ad 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-Conditions.The promise and agreementin this section are not conditioned or dependent on whether ornot any indemnitee has prepared,supplied,or approved any piam(s)orspecification(s)in connection with this Work or Subdivision,or has insurance or other indemnification covering any of these matters,orthatthe alleged damage resulted partly from any negligent or willful misconduct of any indemnitee. 9. COSTS.Subdivider shag 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 the Work,and priorto acceptance of the Work as complete or expiration of any applicabtewarranty periods, whichever is later. 10. SURVEYS. Subdivider shag set and establish survey monuments in accordance with the Flied map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of the Work as complete by the Hoard of Supervisors. 11. NON-PERFORMANCE AND COSTS. If Subdivider fags to complete the Work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the Work,County may proceed to complete andlor 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 action is 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 underthis Agreementorto recover costs incurred in completing or maintaining the Work,Subdivider agrees to pay all attorney's fees, staff costs and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the Work. 12. INCORPORATION/ANNEXATION. 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 andlor any deposit,bond,or lette€of'creditsecuring said rights shall be transferred tothe 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)shall continue to apply in favor of the indemnitees listed in paragraph B.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 rig hts and upon which any portion of the Work is to be installed pursuant to the improvement plans,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 andlor maintenance of the Work. Form Approved by County Counsel [Rev.9103] H:1F inaAPW1LW-SubAg mt.9.03.wpd Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On_..- S gtembgr 1'2. 20Q5 before me, Catty A. Shapard i Notary Public Data Name and'rrtla of Of loon(e.g„"Jane Doe,Notary;Pubftc"} personally appeared William F. Schrader, Jr. � Namara)of Stgw(a) 0 personally known to me proved to me on the basis of satisfactory evidence to be the person whose nameA is/ara. subscribed to the within instrument and acknowledged to me that he/sheAkily executed the same in his/thaw authorized ' capacity(„}, and that by his/lso;404r "`r`uatiiair'' signaturel, on the instrument the person or �A.t 'AR13 i the entity upon behalf of which the person ComriOalon#1456123 [ acted, executed the instrument. Notary NMO-CGI11111000 Csantres Coda,County WITNABS my hand and o i 1 eal. 141yCcxn.�f3ec 14, Signature of N ary 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 form to another document Description of Attached Document Title or Type of Document: Subdivision Agreement Document Date:_.,, Au&ust 8. 2005 Number of Pages:J_Djaub7 e i S 'ded Signer(s)Other Than Named Above: N/A Capacity(ies)Claimed by Signer Signer's Name: William F. Schrader Jr 1 t 0 Individual Top of thumb hero :1 Corporate Officer—Title(s): 0 Partner—0 Limited 0 General 0 Attorney-in-Fact Trustee * Guardian or Conservator X Other: Manaai 2 Member Signer Is Representing: Spanish Trails Associates, LLC '.0 1994 Natotiat Notary AESWAUott•9350 Da Soto Ave.,P.0,Box 2402•Chatewotth,CA 81313.2402 W www.nabonalnotary org Prod No:5907 Reorder Cali Toll-Free t W.876-6827 '... CALIFORNIA ALLY-PURPOSE ACKNOWLEDGEMENT State off i f# `' ' '� OPTIONAL SECTION LI Cou of - CAPACITY CLAIMED BY SIGNER Onix ore me, ; Lkjfr Though totute does not require the Notary to fill in 1 DATE E,TITLE OF FFT E.G.,"JANE E,NOTARY'PtJBLIC" the data IONS,doing so may prove i nvaina C to H #, persons r ng on the document. personally appeared 4 NAME(s)'OF StGNEtt(S) INDIVIE7U proved to me on the basis of satisfactory evidene CORPORATE FFICER(S) AIL be the person*whose name "is! Ftrl B{s) LISA A. DALZIEL subscribed to the within meat and ComrnlsSlon# 1377)1n acknowled e ,to me tha he li executed PARTNER(S) ` 'I ITT the same i his rftl it onzed ERAL ip Notary I�UbIIG _ California a capacity( nd at b ht }}�Jtir ATTORNEY-IN-FACT ` Contra Costa CotJnty signature( on the instru�ftlieperson¢�or My Comm.Expires Sep 2$,2(7(Xi_ the entity upo half of wZheper so TRUSTE-E(S) i acted',executed instrumGUARDIAN/CONS VATOR� OTHER: wITTtE55 my an a t SIGNER IS REP ENTING. }NAME OF PERSON{ OR ENTITY(IES)l N O NTA OPTIONAL SECTION THIS CERTIFICATE MUST HE ATTACHED Title orJW—ofDcument TO THE DOCUMENT AT RIGHT. Number of Peges Though the data below is not required by law,it may prove valuable; Date of Document to persons relying on the document and could prevent fraudilfent 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 trust 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 name must be signed exactly as it is typed or printed. H. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property mast be stated. III. SIGNATURES FOR PA TNFRSHIPS - Signing party must be either a general partner or be authorized in writing to have e authority to sign for and bindthe partnership, IV. SIGNATURES FOR CORPORATIONS Documents should e signed y two officers,one from each of the following two groups: GROUP l; (a)The Chair of the Board {b}The President {c Any Vice-President GROUP 2. jaThe Secretary b An Assistant Secretary c The Chief Pinancial',Off-icer 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 su#f"Ice. Notarization of only one corporate signature or signatures from only one group,mUStL contain the following phrase: "—arid acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." Jc,>, Cr l `Uatl\BOSSwAFornlglWORD POR34 NALL PURPOSE NOTARY.doe vvw"�r ii Vi y,.Vf'"lIKJ4.VVi'NM iWSrr PERMIT OFFICE OF COUNTY ALIMOR-CON ROLLER MARTINEZ,CALIFOR 1A TO Tt 'R�Ekl � r ocumfRom OWANIZATION NUVM h 5 " t,' � }to, (Cxx Ca sh Cir+Procedums sae County,elrnfr istrraetor"s Wwritt 105.) SM TASK AG'fVfrY AMOUW DESCRIPTION ACCT r f i T-,- hit ll, iiaLl t It {..i lam,�.:�' t / t ✓, ' d Q, A- Ifo rs t t PlANATKN: TOTAL $DEPOSIT Ufiouts of iltDt{C ing i" ` C004 cmd CURRENCY 3 :• CHECKS"Mtn.EM Xr r XI BADEPC?SITS 5 NK - j( F134AXJIDOM�`T��.C�C)NTROUERUSE ONLY f t f l { •� Y '.f tf� �i I t i+ t •••}+` L,1tpoSri pa"T DP- RSR DAll 45 � � � I45:'�1�D rhe omount of�r tbov+e is for Treasurer's receipt of above ar�tount is apptwed. atnovnt is heathy deposit into the County1mosury. r Iv , Ext q {- Do"County A yea Tretu�rer 34RE'Y.(7 43y, os" S F LJ ���r iii M POWIt Vt 4rr.V1r'filA/'11rV+i1M► � � OFRCE OF COUNTY Al� OR-C �i�ty yiC?h4t�iOLLElt �..._, OWWAZAM NUMBER � ' (For Cash+44action Procedumwe County',AdMirktrtaro sbulletin 1015.) DESCRIPTON ACCCCT TASK Ac3tvlTtr A MOUNT { Jill { ! 1I t I I I I III I t I I' I I I I t it- I I I I I i t I z aLK j 1 3R.. 4 i f 1 1 " PLANATION: TOTAL S i DEPOSIT t Depo*mvs6ts cf the Qov4ng item:; CONN and CURRENCY $ CHECKS,MDQ,ETC. $ BANK RTE S WS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PSWIT DP - N"ER Dns�fa Fe amount of mow descrihe3 above is for Tr**ax is nsce pt of above amount is approved. fteEaipt of oboes omrwnt is har sby deposit into the ca m*y 7 oasur} a�knaNvleclged I Deft s� (� t Jloa t` V En 4 tlaputy County Auditor Deputy County Treasurer 4 REV.(7' Z) DEPOSIT PIRAW OFFICE OF COUNTY AU0rIM.C—Ot4TROU.ER' MART EZ,CAUFORW ORCMN1ZATION NLS (FearCash cosedion Pmcedu es see County Ahitmfces Bullerin 905.) DESCRVTK)N FUN tlo SUIL TASK' ACTiV€T'Y AMOUNT 1 t' all 4: hhhh JJ 7 1 ! tt t i i z 1 ' 1 C f 91 q II - 1, r. fti t G� ! r. 1' i "I 1 rI t l 1 t EXPLANAnm- TOTAL _ DEPOSIT Deposit consists of the fiolcw iterns COINand CURRENCY $ CHECKS,MO.ETC. $ SAW WOWS $ FUR AUDfTOR-CONTROUERrUSE UNLY DEPOSIT mwr [) + ` NUMAERDATE J ^ ASSIGNED 71ae rnraurxat of mw ey described oba,*is for, Treasurer's receipt of abore crnount is tmgw a hweipt of above onesvnt is hereby depeui#into the County Tftosury. o&nwMedged If't Dote 1s? r t"""lr J 17 +` "i.J\ .+^ 'i ! Signed Deputy County T um D-34 REV(7-93 ... :, j 819800-0800• G1189666, $552 , SD 02-8687, Cash Bond, Spanish Trails Associates, 164 flab Rd., Alamo, CA 94507 819800-0900-. G2189672, $2.400.W, RA 04-011931 Cash Bond, Shapell Homes, A Division of Shapell Industries, 130 North Milpitas Blvd., Milpitas, CA 95035 819800-0800• 62189676, $45.4 , SD 05-8900, Cash Bond,' Shea Homes, 2580 Shea Center Dr., Livermore, CA 94550 0414 _/_ 21200• . 6 ._$2 .1f2�,25 C} ,�8b87 Drainage Mitigation, , Spanish Trails Associates, 264 flak Rd., Alamo, CA 94507 0548-91.4o / 112200: 01189446, $4.449.44, 'BW €SEC DA 30C, City o Brentwood, 708 Third St., Brentwood, CA 94513 0649-9665 / 112300. 61189666, SD 02-8687, Spanish Trails Associates, 164 Oak Rd., Alamo, CA 94507 $1.300.00, Deposit Processing $28,362.50 Inspection Deposit 0649.9665 / 1.22300. G1189668, $2&N. }, MS 80-128, Inspection Deposit, Affinito Building Account, 2211 Railroad Ave.', Pittsburg, CA 94565' 0649.9665 / 112300: G2169670, $1Z 8W00, ' RA 05-01197, Road Acceptance Review, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd., Suite 500, Son Raman, CA 94583 0649F-9665 / 21.2300• G1189672, $7,450.00, Sub 99-8306, Final Map Check Fee, Shapell Homes, A division of Shapell Industries, 100 North Milpitas Blvd!., Milpitas, CA 95035 0649-9665 / 1123170• &1189673 $14.340.001 RA 04-01193, Road Acceptance Inspection Fee, Shapell Homes, A Division of Shapell Industries, 100 North Milpitas Blvd., Milpitas, CA 95035 Subdivision: 8687 Bond No.• 720187S Premium•~ $9,945.00 WPROVEWNT SECURITY BOND FOR Summsio AGREEm[ENT (Performance, Guarantee and Payment) (California. Government Code §§ 66499 - 66499.10) 1. RECITAL dF SUpWVISION AGREEMTdThe 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 .8687 , 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 a final!map or parcel map for said subdivision. ? 0BL1g TTbN: Spanish Trails associates LLC, as principal and Developers 'Surety and Lidemnity Companya corporation organized and existing under the laws of the State of Iowa 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 Cotta, California to pay as follows. A. Performance and Guarantee': Five hundred fifty two thousand five hundred and N0I100 Dollars($152,500.00 ) for Contra.Costa.County or any city assignee under the above County Subdivision Agreement. B. Payment: Two hundred seventy ;,six thousand two hundred fly and NO/loo Dollars ($ 276,250.00 l 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. 3. CONDITION' 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 perform 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 therein specified and in all respects'according to their tate 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 farce and 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, incuiTed by the County of Contra Costa.(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 subdivision agreement and refer-red 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 fact 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 aright of action to them or their assigns in any suit brought upon this bond. Should the work under conditions 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 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 further 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 SEALED on August 9, 2005 PRINCIPAL: Spanish T ils Associates, LLC SURETY: Developers Surety and Indemnity Co pan) Address: 164 Oak Rod i Address: 2999 Oak Road, Suite 420 City: Alamo4-4, Zip: 94507 City: Walnut Cgee* njil.: 94597 — I - By: - The AustV G o LLC By: Print Name: Print Name: John F. Arents Will'am' . Schrader, Jr. M Title: Mana in ember Title: Attorney-in-Fact 3D:mWA3P GAGrpDa%a%EngSvc\Fomvs\BN WORMBN-12.doc Rev.November 28,2000 ......... .......................... ..... ...... ...... PYMMM:M":RP-MI-MR; MRM."!P;0;P0 ............ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT C s State of California i ss County of Contra Costa On Au&ust 9. 2005 before me, Cathy A. Shapard, 'Rotary Publ%c � Dale Name and Title of Officer(e.g.,"Sane Doe.Notary Pubhc'y �. personally appeared John F. .Arents Names)of signe"a) { Xpersonaily known tome ❑ proved to me on the basis of satisfactory evidence to be the person(, whose name(A Ware- subscribed to the within- instrument and acknowledged to me that he/sem executed the same ` in hisllhefAholit authorized 7' capacity(OC, and that by his/hoO Leif AL signature*on the instrument the person(Kor � CATHY ` APARD L the entity upon behalf of which the person(X Commission# 1456123 1 acted,executed the instrument. Notary Public-California Contra Costa County WITNESS my hand and official seal. My Comm.Explres Dec 14,2007 1 atura of Nota fsiie OPTIONAL 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,documenf, Description of Attached 'Document Title or Type of Document: Improvement Security Bond Document Date: August 9, 2005 Number of Pages: 1 Double Signer(s)Other Than Named Above: Spanish 'Trails Associates, LLC Sided Capacity(ies)Claimed by Signer Signer's Name John, F. Arents Wag } ❑ Individual Top of thumb here ❑ Corporate Officer--Title(s): ❑ Partner—'❑Limited ❑General' 11 Attomey-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Developers Surety and Indemnity Company 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Boz 2402•Chatsworth,CA 91313.2402..www naaorminatory.org prod.No.5907 Reorder:Call Toll-Frau 1-WO-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Contra Costa On August 9, 2005 beforeme, Cathy A. Shapard Notary Public Date Name and Title of 0i icer(e.g.,"Jam Doe,Notary Publlcj personally appeared William F. Schrader, Jr. Name(s)of Signeris ,!-personally known to me ❑ proved to me on the basis of satisfactory evidence to be the 'person#,whose named.is/afe- subscribed` to the within instrument and acknowledged to me that he/she"executed the same in his/hw4#te+r authorized capacity44), and that by his/Mr-Ah s'r CAiHYA.SNAPAR© signature*on the instrument the person*,or Commission#1456123 the entity upon behalf of which the person(( Notary Public-California acted, executed the,instrument; ' Contra Costa County My Comm.Expires Doe 14,2007 W ITN SS my hand and official seal: 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 farm to another document. Description of Attached Document Title or Type of Document: Subdivision Bond Document Date: August 9, 2005 Nurnber of Pages: l; Double Sided Signer(s)Other Than Named Above: Developers Surety and Indemnity Company Capacity(es) Claimed by Signer Signer's Name: William F. Schrader, Jr.' ❑ Individual Top of thumb dere ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ISl Other: Managing Member Signer is Representing: Spanish Trails Associates, LLC C 1999 National Notary Associaubn+5350 De Soto Ave.P:C.Box 2402 Chatsworth,CA 91313-2402•www.nationalmoiaryorg Prod.No.5907 Reorder Call Toll-Fres 1-800.876-8827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of ! OPTIONAL SECTION Gaunt f i r CAPACITY I CLAIMED BY SIGNER On ore me'; 't ( f Though tube does not require the Notary to fill in fDAT e NAME TM&OF Rfi G.."JANE 1)OE,NOTARY PUBLFC" the data b ow.doing so may prove invaluable to persons rel `ng on the document. personally appeared` t 1 ; NAMES}OF SIGNER(s) INDNIDU proved to me on the basis of satisfactory evidence GORPCsRAT OFFICER(S) be the person whose na }'iso TFTs s) subscribed to the' within mt of m t and LISA A;DALZIEE acknowled to me tha TP executed PARTNER(S) IMITED commission# 13771 lt} the same in (a;; tom rite GENERAL. z capacity(F ,and that b hi ltir ATTOR Notary Public - California a s' , to on theinstru nttheperson s TRUSTEES} Contra Costa County t e i ntit upon babel of which the person s7 GUARDIAN/ LASER TOR M Comm.Expires Sep 28 a tell;executed the in mens: � Y i !i OTHER: IVES ylia( anof ,s1„ f e I SIGNER REPRESENTING: i NAME OF PERSONS)OR ENTFTY(FES): ATURE bFNOTARY' t OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT �Number Though the data below'is not required by law,i ,.pmve va u _.r .`DateofDocument to persons relying on the document and�uld prevent fraudulent Signers)Other Than X me nM1C 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 following 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 naive 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 be stated. III,: SIGNATURES FOR PARTNERSHIPS- Signing party must be either a general partner or be authorized in writing to have the authority to sign tor and bindthe partnership: IV. SIGNALURES FOR CORPORATIONS Documents should be signed bytwo officers,one from each of the following two groups: GROUP 1. (a))The'Chair of the Board (b)The President c Any Vice-President GROUP Z. aThe'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 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 G:\GtpData\En8Svc\Foam\WORD rORMS\ALL PURPOSE NOTARY.doc ti?' Ydi#i POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO BOX 19725,IRVINE,CA 92623 049)263.3300 wwwAnscoDico:eonn KNONV ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make, constitute and appoint: ***John F. Arent5** as its true and lawful Attorncy(s)-in-Fact,to make,execute.deliver and acknowledge,for and on behalf of said corporation as surety,bonds;undertakings and. contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as the corporation could do,but reserving to the corporation frill power of substitution and revocation,and all of the acts°ofsaid Attorncy(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed byfacsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY effective as ot'November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the Attorr ey(s)-in-Fact named in the Powers of Attorney to execute,on behalf of the corporation,bonds.undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be.and each of them hereby is,authorized to attest the execution of any such Power of Attorney, RESOLVED.FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive Vice President and attested by its Secretary this I st day of February,2005: \ - 4 +ip+ti++e++++t++++ - �tt�ti�K AND J,r• P tjlyr 0 David H.Rhodes,Executive Vice-President ' e OC7 >> S 1'936 4;, ! By: ...... t Wit. Walter A.Crowell.Secretary `t ttttt+�t�uii+u+a+Nt STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE On February 1,2005,before me.Nita G.Hifftneyer,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument. WITNESS my hand and official seal NITfA G.HIFFMEYER CU�+#M.#'!643451 ,�� NOfARS`PUBLiG CAlIFflRNfA Signature C?FANtEtX3t1NTY attttm. ttgs Jen.1Q,201191 CERTIFICATE The undersigned;as Executive Vice.-President,of DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolution of the respective Boards of Directors of said corporation ser forth in the Power of Attorney,is in force as of the date of this Certificate: This Certificate is executed in the City of Irvine,California,the 9th day of__. AU9USt 200 �r By David L.Kerrigan,Executive Vicc-President' ID-1438(DS 1)(Rev.2105) in DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three--year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism.. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond'. Under this program, the FederalGovernment will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed$5,006,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of$100 billion for which the Federal Government or an;insurer can be responsible. Participation in the program is mandatory for specified'lines of property and casualty, insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bored, or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch,Suite 200 Irvine,CA 92614 (949)263 3300 www.lns000ioo.com I0-1498(Rev.5/03) 7122105 OLD REPX42 8687 Tax Collector's Office William J.Poliacelk 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.0.Box 631 Russell V.Watts Martinez,California 94553- Cosh Chief deputy Treasurer-Tax Collector 0063 ("" (925)646-4122 County Joslyn Mitchell (925)646-4135 FAx Tax OperationsSupervisor Date: 7/22/2005 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/MS# city. T.R.A. 8587 EL SOB'RANTE 85002 Parcel#: 433-160-022-3 433-160-030-6 433-160-059-5 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 oftthe 2005-2006 tax lien, which' became a lien on the first day of January, 2005 is $21',,200.00 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 brand must be presented to the County Tax Collector for review and approval of adeauacvof security prior to Mina with the Clerk of the Board of Supervisors. WILLIAM J. POLL.ACEK, Treasurer-Tax Collector BY _ Band iso.:: 7201885 Prem-tum: $382.00 PRINCIPAL TITLE COME—ANY SURETY Spanish Trails Assoc. LIQ Old Republic Title Compan 1 Developers Surety and Zndern tY Ca%3anY 164 Oak Road 3000 Clayton Road 2999 Oak Rd.,, Ste. 420 Street Address Street Address Street Address Alamo, CA 94507 Concord CA 94519: Walnut :Creek, CA 94597 City, State, Zip City, State, Zip City, State, Zip Wiliam F. Schrader, Jr. Dawn Cabral - Greg Pribyl Contact Person Contact Person Contact Person (925)' 743-8836 (925)687-7880 (925) 295-3190 Phone Number Phone' Number Phone Number BOND AGAINST TAXES KNOW ALL MEN BY THESE PRESENTS: THAT Spanish, Trails Associates, LLC - _, as Principal and Developers surety and Indemnity C� an7.'. , as Surety, a corporation organized and existing under the laws of the State of Iowa and authorized to transact`:surety business in California are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of TWENTY ONE THOUSAND TWO HUNDRED DOLLARS,($21,200.00), to be paid to the 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. Seated with our seals and dated this 9th' day of August 2005. The conditions of the above'obligation is such that WHEREAS, the above bound Principal is about to file map(s)entitled SUBDIVISION 8687 covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes'and special assessments collected as taxes, against said tract of land covered by said map(s),which taxes and special assessments collected as taxes, are not as yet due or payable. NOW THEREFORE, if 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 !t timite of the filing of said map, then this obligation shall be void and of no effect. Otherw' a shall remain in full force and effects PRINCIPiiiat a'' ish Trails Associates, LIC SURETY:Developers Surety and ludemnity Company By:Thn Grou` ingYienber John F. Arents t rney--in--Fact BI _ JL1 ALL SIGN MIR S MUST BE NC>TARIZED) William F. 'ehrader, Jr. ATE: f "ls0�-'�_.... Managin Me er D RE IEWXD AND APPROVED '(INTRA CO6 A O tNTY r°�;x R L1..FCTbR CALIFORNIA ALL-PURPOSE!ACKNOWir EDGMENT i` i State of California i ss. County of Contra Costa On August 9. 2005 before me, Cathy A. Shapard, Notary Public Date.,.. Name and Tula of Officer ta.g."Jena Doe,NotaryPubBc) ..' personally appeared John F. Arents .Name(s)of Signer(s) X personally known to me 7 CI proved to me on the basis of satisfactory evidence to be the person(* whose name) is/are � subscribed to the within instrument and acknowledged to me that he/st aAbs c.executed' the same in his/hsr, r authorized capacity(irav4� and that by his/heW#laeif } CATHY A.SHAPARD signature(O,on the instrument the person(Kor Commission#1456123 the entity upon behalf of which the person(,9(( � -, Notolry Public-California acted, executed the instrument. Contra Costa County MyComrYt,Expinsa leo 14,200 71 WITNESS my hand and official seal. l'- eiura of Notary Pubic OPTIONAL Though the information below is not required by law,if may prove valuable to persons relying on the document and could prevent: fraudulentremoval and reattachment of this form to another'document. Description of Attached Document Title or Type of Document: 'Tax Bond Document bate: August '9, 2005 Number of Pages: l Signer(s)Other Than Named Above: Spanish Trails Associates, LLC Capacity(ies)Claimed by,Signer Signer's Name:' John F. Arents C Individual Top of thumb here 0 Corporate Officer—Title(s): Cl Partner—C3 Limited' 0 General (9 Attorney-in-Fact 0 Trustee C Guardian or Conservator 0 Other: Signer is Representing: Developers Surety and Indemnity Company 01999 National Notary AsaWatu,n=93517 De Soto Ave.,P.OBox 2402•Chatsworth,CA 91313.2402•w .nationafnotary.org Prod.No;5907 Reorder:Call Toil-Free 1.-800-876.6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of Contra Costa On. August 9, 2005 before;me, Cathy A. Shepard., Notary Public' S Date "Nares and T11119 of Officer(e.g.,"Jane 008..Notary Public} personally appeared WilliamF. Schrader, Jr. Neree(a)of Signer(s),° t;.(personally known to me 0 proved to me on the basis of satisfactory evidence to be the person(4 whose name$ is/ara subscribed, to the within instrument and acknowledged to me that heist executed the same in hisiha lf.tw4r `authorized capacity(iso), and that by hisitefA4&r C,47HY ,AR � signatureJ,,�on the instrument the person(3t`j., or A.Cammtsslan `t456t23 the entity upon behalf of which the personal, ., Notary Public-C0111tomi0 acted,executed the instrument. Contra Costa County my Comm.Expires Doc 14.2007r WITNfSS my hand and official seat. 61naturs of Notary:Public OPTIONAi! Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent traudirlent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Tax Bond Document Date: August 9, 2005 Number of Pages: 1 Signer(s)Other Than Named Above: Developers Surety and Indemnity Company Capacity(ies) Claimed'by Signer Signer's Name: William F. Schrader,` Jr. ❑ individual Toa of thumb here l ❑ Corporate Officer—Title(s): ❑ Partner ❑Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ® Other: Managing Member Signer is Representing: Spanish Trails Associates, LLC 0 1999 National Notary Association 9350 De:Soto Ave_P.O.Box 2402•.Chatsv+otlh;:CA 91313.2402 v .nabonalnotaryorg Prod.No,5907. Reorder:Cal Toll-Free 1.800.87"827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO BOX 19725,IRVINE,CA 92623 (949)263-3300 www.nscoDico.coin KNOW ALL MEN BY THESE PRESENTS,that except as expressly lirnited,DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make, constitute and appoint: ***John F.Arents*** as its true and lawfulAttorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on bchali'of said corporation as surety,bonds,undertakings and contracts of Suretyship giving and ?ranting unto Said Attomey(s)-in.^Fact toll power and authority to do and to perform every:act necessary,requisite or proper to be done in connection therewith as the corporation could{ICF,but reserving to the corporation full power ol'substitution and revocation.,and all of the acts of said: Attomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This PowerofAttorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY.COMPANY effective as of Novcmbcr 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to: execute Powers of Attorney,qualifying the Attorney(s)-in-Fact named in the Powers of Attorney"to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each:of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED.FURTHER,that the signatures of such officers may be affixed to any such Power of Attomcv or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY ANIS INDEMNITY COMPANY has caused these presents to be signed by its respective Executive Vice President and attested by its Secretary this I st day of February,2005. '40141.1104rrAANt y: aRoey��iM. David H.Rhodes,Executive Vice-President� V 3:a 10 rr? _.. ?M0j3 1936 rte: ..Iowa Waltcr A.Crowell,Secretary gr'rrtmarmntl**'r STATE OF CALIFORNIA r } )SS, COUNTY OF ORANGE ) On February 1,2005,before me.Nita G.Hiffrricycr,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument. WITNESS my hated and official seal tlr1.lu FtItA Q,WFMEYER comm.*1543481 IVUlAR4'PUBCfC CAUFORMA Signature oRANGE cotJNTY tJly cnmm.e�trea,tan.10,2t10�' CERTIFICATE The undersigned,as Executive Vice-President;of DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby certify that the foregoing flower of Attorney remains in full force and has not been revoked.and furthermore,that the provisions of the resolution of the respective Boards of Directors of said corporation set forth in the Power of Attorney,is in force as of the date of this Certificate: This Certificate is executed in the City of Irvine,California,the 9th day of August 2005 By David L.Kerrigan,Executive Vice-President ID-1438(DSI)(Rei:.2105) DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the. Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if ariy, the Act will have on the premium charged'for this bond. Under this program, the Federal Government will cover 90% of the amount of covered' losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a; cap of$100 billion for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified'lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does'it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Company Indemnity Compeny of California: 17780 Fitch,Suite 200 Ervine,CA 92614 (94E3)263 MO www.inscoDico.com ED-1498 (Rev.5/03)