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MINUTES - 09122000 - C9-C13
tr�f THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 12, 2000,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER AND CANCIAMILLA NOES: NONE ABSENT: SUPERVISOR GERBER ABSTAIN: NONE RESOLUTION NO.: 2QQQLj 9 j SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8167, Byron area. The following documents were presented for Board approval this date: I. Map The Final Map of Subdivision 8167, property located in the Byron area, said map having been certified by the proper officials; II. Subdivision Agreement A subdivision agreement with Hofmann Land Development Company, Inc., P.O. Box 758, Concord, CA 94522, subdivider, whereby said subdivider agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: A. Cash Bond Bond amount: $10,500.00 Deposit made by: Hofmann Land Development Company, Inc. Federal Tax ID: 68-0419482 State Tax ID: 2118258 Auditor's Deposit Permit No. and Date: DP353350, July 17, 2000 B. Surety Bond Bond Company: The American Insurance Company Bond Number and Date: 11119463880/31 July 00 Performance Amount: $1,036,000.00 Labor&Materials Amount: $523,250.00 Principal: The American Insurance Company RESOLUTION NO. : 2000/415 SUBJECT: Approval of Final Map&Subdivision Agreement for Subdivision 8167,Byron area DATE: September 12,2000 PAGE -2- III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 1999/2000 tax lien has been paid in full and the 2000/2001 tax lien, which became a lien on the first day of January 2000, is estimated to be $22,600.00 with security guaranteeing payment of said tax lien as follows: + Tax Surety Financial Institution/Bond Company: The American Insurance Company Bond Number and Date: hider to bond No. 11119463500, dated July 7, 2000 Amount: (Not Specified) Principal: Talismann Realty Group, Inc., dba Hofmann Land Development NOW THEREFORE BE IT RESOLVED that said subdivision, together with the provisions for its design and improvement, is DETERMINED to be consistent with the County's general and specific plans; BE IT FURTHER RESOLVED that said 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. BE IT FURTHER RESOLVED that said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. I hereby certify that this is a true and correct copy of an action taken ID:gpp and entered on the minutes of the Board of Supervisors on the date G:\CnpData\EngSvc\\BO\2000\BO 9-12-00.doc shown. Originator:Public Works(ES) Contact: Rich Lierly(313-2348) cc: Public Works-R.Bruno,Construction ATTESTED: SEPTEMBER 12, 2000 Current Planning,Community Development PHIL BATCHELOR,Clerk of the Board of Supervisors and T-7/11/01 County Administrator Hofmann Land Development Co.Inc. P.O.Box 758,Concord,CA 94522 The American Insurance Company One Market Plaza,Spear St.Tower San Francisco,CA 94111 ByQM2�—,2Deputy . yv SUBDIVISION AGREEMENT (Government Code S66462 and 566463) , Subdivision: 816 DBW, VILLAGE 1—UNIT 4) Subdivider: HOF'MANN LAND DEVELOPMENT COMPANY, INC. Effective Date: > C-PCompletion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA C tJNTY SUBDIVIDER J.Michael Watford,Public Works Director HOFMANN LAND DEVELOPMENT COMPANY, INC. By: 4A.6160.1-4jq4l (signature) (Print nam'title)A.T. SHAW, PRESIDENT RECO EN_ EDFOR.APPROVAL By: (Signature) n In ervices Division (Print none&title) FORM AP _UjD: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged. If Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code 5313.) I. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called" oun ",and the above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision: 2. IMS' OYEMENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code SS66410 and following),in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. ZEROVEMENT SECURITX. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code 566499,and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $-..10,,-500,OGash,plus additional security,in the amount of$1 .036,OQQ.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For ayrnent: Security in the amount of$ 523.250.00 which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider, the amount securities may be reduced in accordance with S944.406 and S94-4.408 of the Ordinance Code. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of l , On before me, C I 1 ,1 `1Y� Date 14firne and Title of Officer(e.g.,"Jane Doe,Nota blic") personally appeared >� ,5 't t V Names)of Signer(s) personally known to me h55 proved to me on the basis of satisfactory evidence - - - ------ -- - -- ----- --- -- ELIZABETH A. STAGNER COMM. 1166827 to be the person(s) whose name(s) is/are *,My NOTARYPUBLIC-CALIFORNIA subscribed to the within instrument andCONTAACOSTACOUNTY -• acknowledged to me that he/she/they executed Comm.Expires Jan.23,2002 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, ?� �Nmt J 1�e Place Notary Seal Above Signature of Notary Public j 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: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: + Individuals Top of thumb here Corpor Officer— :Partner atg® LimitedT11 General v I r C Attorney in Fact C Trustee ❑ Guardian or Conservator C7ther: r T g p r Signer Is Representing: 01997 National Notary Association+9350 De Soto Ave.,P.O.Box 2402+Chatsworth,CA 91313.2402 Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 Subdivision: 8167 _ DBW VILLAGE 1, UNIT 4 Bond No.: 1111946388 Premium: $9,324.00 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to install and pay for street, drainage, and other improvements in Subdivision 8167 , as specified in the Subdivision Agreement, and to complete said work within the time specified for completion in the Subdivision Agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION: HOFMANN LAND DEVELOPMENT COMPANY, INC. as Principal,and THE AMERICAN INSURANCE COMPANY ,acorporation organized existing under the laws of the State of oMaWsM Nebraskkid authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance and Guarantee: ONE MILLION THIRTYi-SIX THOUSAND ($ 1,036,000.00 ) for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: FIVE HUNDRED TWENTY-THREE THOUSAND TWO HUNDRED_FIFTY Dollars ($ $523,250.00 ) 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. 3. CONDITION- A. The Condition of this obligation as to Section 2.(A)above is such that if the above bonded Principal, his or its heirs, executors, administrators, successors or assigns,shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee), its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County (or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On July 31, 2000 before me, Bernice Elizabeth ONeal, Notary Public, personally appeared Kathleen Bryant, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed her instrument. Witness my hand and official seal o,My BERNICE ELIZABETH ONEA COMM 1189793 NOTARY PUBLIC•CALIFORNIACONTRA COSTA COUNTY Comm.Expires June 11,2002 errrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr a rrrrrrrrrrrrrrrrrr OPTIONAL ■■rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr a rrrrrrrrrrrrr� Though the data below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment to this form. CAPACITY CLAIMED BY SIGNER: Attorney-in-Fact SIGNER IS REPRESENTING: THE AMERICAN INSURANCE COMPANY ' t EMAN'S FUND INSURANCE COMPAN Nt.TIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OFATTORNEY KNOW ALL MEN BY THESE PRESENTS:That FIREMAN'S FUND INSURANCE COMPANY a California corporation,NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY a Missouri corporation, (herein collectively called "the Companies')does each hereby appoint JAMES C. JENKINS, KATHLEEN BRYANT, CONCORD CA their true and lawful Attorneys)-in-Fad,with full power of authority hereby conferred in their name,place and stead,to execute,seal,acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof .___._,_...r—_,.._....,...—_—......—...—_r,_ and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,staled with the corporate seals of the Companies and duly guested by the Companies'Secretary,hereby ratifying and confirming all that the said Altomey(s)-in-Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By-laws of FIREMAN'S FUND INSURANCE COMPANY,NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY which provisions are now in full force and effect. This power of attorney is signed and seated under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION.THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held,or by written consent,on the 19th day of March, 1495,and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies,and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN WITNESS WHEREOF, the Companies have caused these presents to be signed by their Viee-President, and their corporate.seals to be hereunto affixed this. 25th day of qpp Mh p.rgR tart►, 1�AM'3 E IL,:w,No FIREMAN'S FUND INSURANCE COMPANY 4+' c .� .•»�• �t Wig` *,� ,o► -.� t'' NATIONAL SURETY CORPORATION <` •Ir•,•.`. �. ° a .'—•--' THEAMERICAN INSURANCE COMPANY e A L ra ASSOCIATED INDEMNITY'CORPORATION m. as vro � � � �' 'ti .. � AMERICAN AUTOMOBILE INSURANCE COMPANY ••...... 'r"rca cel` ¢'�MCE`C6Y ttt By STATE OF CALIFORNIA ` COUNTY OF MARIN Oa this 25tb _day of Sth;he' er .before me personally came M.A. Mallonee to me known,who,being by me duly awoM pose and aay the a a ra- resr3ent of company,deseart nand which exosu the t tnsuument; the kit the seals of the said . Companies;that the seals affixed to the said Ituatument are such company scats;that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITMM WHEREOF,I have hereunto set my hand sail affixed my offwW seal,the day and year herein first above written. L OCAMPO Commission#6 1163726 ■; Notcu y Pubk-C:c�fifcxNa. 1'l 'V Marin County wCamm.Exams NOV28,71701 Nou"Public CEEITMCATE STATE OF CALIFORNIA ss. COUNTY OF MARIN I,the undesshgaed,Resident Assistant Secretary of eachy,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has ad been revoked;and firth ernwre that Article VIBy-laws of each company,and the Resolution of the Board of Directors;set forth in the Power of Attorney, are now is forme. Slued and seated at the County of Maria.Dated the 1st day of July 20 d `'44 r`e..ti tvi w•" IG- *"'{�♦ajo .Mate .s;` S a O �i •.d a W t k4G 1CAL jj,,�, rte` • ,� �' `rtj'�,1y, kiWat Asixirt SeCat7' 360789-I1-9g CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California } ) SS. County of Contra Costa ) On 7/13/00, Elizabeth A. Stagner, a Notary Public in and for the State of California, personally appeared, A.T. Shaw, personally know to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person(s), or the entity on behalf of which the persons(s) acted, executed the instrument. ELIZABETH A. STAGNER It WITNESS my hand and official seal - .•` `"" COMM. 1166827 Mo m NOTARY PUBLIC•CALIFORNIA 'p e CONTRA COSTA COUNTY My Comm.Expires Jan.23,2002 wwww- Signature rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr Name of Document: Improvement Security Bond for Subdivision Agreement DBW Village 1, Unit 4 —Tract#8167 Date: 7/31/00 Tax Collector's Office William J.pollacek � 1 625 Goart Street Contra County Treasurer-Tax Collector Finance Building,Room 100 ' } R O.Box 631 �"' ¢- Joseph L.Martinez Martinez,California 94553- Costa Assistant Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor i Date: 7/7/00 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. 8167 BYRON 6005 Parcel#: 011-220-023-3 011-220-024.1 011-220-025-8 011-220-026-6 011-220-027-4 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map, The 1999-2000 tax lien has been paid in full. Our estimate of the 2000-2001 tax lien, which became a lien on the first day of January, 2000 is $22,600.00 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 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Tre s er Co c r � rd Ale AdWA FIREMAN'S FUND AMERICAN INSURANCE COMPANIES RMER To be attached to and form part of Bond No. 11.119463500 TALISMAN REALTY GROUP, INC. DBA HOFMANN LAND DEVELOPMENT in favor of COUNTY OF CONTRA COSTA It is agreed that: BOND BE AMENDED to ADD: TRACT 8167 PROVIDED, however, that the liability of the Underwriter under the attached bond and under the attached bond as changed by this rider shall not be cumulative. Z. This rider Is effective as of noon on JULY 7, 2000 SIGNED AND SEALED ON July 17, 2000 THE AMER.ICANJYSUUNCE CO ANY BY: I ��, IL uthortsed gent' KATHLEEN BRYANT, ATTORNEY—IN ACT ACCEPTED BY: OBLIGEL': COUNTY OF CONTRA COSTA BY: p J NAME & TITLE: DATE:111d/It/' BOND REVIEWED AND APPROV19D DATE: CONTRA COSTA COUNTY T UR i�0"WTOR ]BY: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On July 17, 2000 before me, Bernice Elizabeth ONeal, Votary Public, personally appeared Kathleen Bryant, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed her instrument. ++ .�:� _, Witness my hand and official seal r BERNICE ELIZABETH�E 1 ?1 V- d ' COMM. 1188793 ` NOTAW PUBLIC-CA CONTRA COSTAACOUN i�R ,, MY Comm.Expires June 11,2002 rrrrrrrrrrsrrssrsrrsrrrsrsrrrrrrrrrrsrrrrsrrrrrrrrrsrrrrrrsrsrrrrrrrssrr� OPTIONAL ■■srrrsrssrrrrrsrrrrrrsrrrrrsssrrsrrrsrrrsrssrrsrrsrsrrssrrrrrssrrsrsrrr� Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment to this form.. CAPACITY CLAIMED BY SIGNER: Attorney-in-Fact SIGNER IS REPRESENTING: THE AMERICAN INSURANCE COMPANY FIREMAN'S FUND INSURANCE COMPANY M NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That FIREMAN'S FUND INSURANCE COMPANY,a California corporation,NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the Companies")does each hereby appoint JAMES C. JENKINS, KATHLEEN BRYANT, CONCORD CA their true and lawful Atiorney(x)-in-Fact,with full power of authority hereby conferred in their name,place and stead,to execute,seal,acknowledge and deliver any and all bond,undertakings,recognizance,or other written obligations in the nature thereof---_-----__...,._..__o—_......_.—__„.—,.,,.,_,,,_—s,,,,_,__,_i--- and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By-taws of FIREMAN'S FUND INSURANCE COMPANY,NATIONAL SURELY CORPORATION, THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION,THE AMERICAN INSURANCE COMPANY,ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies,and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies.” IN WITNESS WHEREOF, the Companies have caused these presents to be signed by their Vice-President, and their corporate.seals to be hereunto affixed this 25th day of Sept mbp,�r �, 1998 y,AFr•s,GF;c�fr�{ N4 FIREMAN'S FUND INSURANCE COMPANY ♦�it�r,r�e+ tl ,".11 ya e NATIONAL SURETY CORPORAnON GS4 � THEAMERICAN INSURANCE COMPANY =ce E t.} ASSOCIATED INDEMN[TY'CORPORATTON AMERICAN AUTOMOBILE INSURANCE COMPANY �`•• 4xwCE�0'1'� L"�4MCE C$V� '�t0Ui5•`►� .,1111.{Y By STATE OF CALIFORNIA ss. J COUNTY OF MARIN On this 25tb day of 1 e ,before me personalty came M.A.Mallonee to me known,who,being by me duly awRF4 and say:that s a Vta�eot of�pany,described n and which execu e ZWc instrument;that he knows the seats of the said Companies;that the seals affixed to the aid inururnent are such company sesta;that they were so affixed by order of the Board of Directors of said companies and that he signed his tame thereto by like order. IN VMWIESS WHEREOF,I have hereunto set my harm and affixed my official seal,•the day and year herein first above written. 1.11.®rr.�w�s LOCAMPO Ctay Pu l k cIliforrl - fo 6 • N++<Stt�tyMatin caMIyfa MyCiSfr n NoV2I% 001 Nancy Mite CERTE KATE STATE OF CALIFORNIA COUNTY OF MARIN 1,the undersigned,Resident Assistant SaaWry of each company,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;cad furthermore that Article VII of the By-laws of each company,and the Resolution of the Bond of Dbutors;set forth in the Power of Attorney, are now In force, signed cad Sealed at the County of Mui,.Dated the 17th day of July ,2000 ��taarrr «�1,AN'a RG E10 �\JNA :360789-11-98 Ilii III III I III II 11 illl ll II Illll�III l ILII I ill III II -- COCN�Ty(RAA COSTA Co Recorder Office Recorded at the request of: STEPHEN L. WEIR Clerk-Recorder Contra Costa County 1 Public Works Department DOC— 2t�+O0-0199175--00 Engineering Services Division Return to: T, SEP 14, 2000 13:48:25 Public Works DepartmentFR8 $0 00 Tt 1 Pd Engineering Services Division $0.00 Nbr-0000102807 Ira/149/1-2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 12, 2000 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER AND CANCIAMILLA NOES: NONE ABSENT: SUPERVISOR GERBER ABSTAIN:NONE RESOLUTION NO.: 2000/416 SUBJECT: Accept Completion of Improvements for Subdivision Agreement (Right of Way Landscaping), Subdivisions 7796, 7979, 7980 and 7981, Dougherty Valley area. The Public Works Director has notified this Board that the Right of Way Landscaping improvements in Subdivisions 7796, 7979, 7980, and 7981 have been completed as provided in the Subdivision Agreement (Right of Way Landscaping) with Shapell Industries of Northern California heretofore approved by this Board in conjunction with the filing of the Subdivision Map. NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of August 18, 2000, thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY September 15, 1998 American Casualty Company of Reading, PA BE IT FURTHER RESOLVED the payment (labor and materials) surety for $1,032,194.79, Bond No.159326144 issued by the above surety be RETAINED for the six month lien guarantee period until February 18, 2001, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. RESOLUTION NO. : 2000/416 ell SUBJECT: Accept Completion of Improvements for Subdivision Agreement (Right of Way Landscaping), Subdivisions 7796, 7979,7980,and 7981,Dougherty Valley area DATE: September 12,2000 PAGE -2- BE IT FURTHER RESOLVED that the Right of Way Landscaping improvements in Subdivisions 7796, 7979, 7980 and 7981 are ACCEPTED as complete. BE IT FURTHER RESOLVED that the beginning of the warranty and maintenance period is hereby established, and the $20,852.42 cash deposit (Auditor's Deposit Permit No. 318190, dated August 11, 1998) made by Shapell Industries of Northern California and the performance/maintenance surety bond rider for $291,900,00, Bond No. 159326144 issued by American Casualty Company of Reading, PA. be RETAINED pursuant to the requirements of Section 944.406 of the Ordinance Code until release by this Board. JC:gpp G:NGrpData1EngSvc1,B02000\B0 9.12-OO,doc Originator: Public Works(ES) Contact: Teri Ric(313-2363) cc: Public Works Tax I.D.95.2578030,Accounting R.Bruno,Construction Tickle file-9-12-2001 Recorder(via Clerk),then PWEngineering GServices erecertify s a true ancorrect Chris Truebridge,Sam Worden&Jim Goold I hereby �that thisid copy of an action taken Cio Shapell Industries ofNorthem California and entered on the minutes of the Board of Supervisors on the date P.O.Boa 361169,Milpitas,CA 95035 shown. Casualty Company of Reading,PA 21650 Oxnard Street,Suite 760,Woodland Hills,CA 91367 Joye Fukuda.City of San Ramon Current Planing,Community Development ATTESTED: SEPTEMBER 12, 2000 PHIL BATCHELOR, Clerk of the Board of supervisors and County Administrator By Deputy CNAURE` y Executed in Duplicate Increase -Decrease Rider TO BE ATTACHED TO and form part of Bond Number ._. 159 326 144 _ _ .- issued by the American Casualty Company of Reading, PA as Surety, on behalf of Shapell Industries of Northern California, a Division of Shapell Industries, Inc. ..... ..... . 0f Milpitas, CA hereinafter referred to as the Principal, and in favor of County of Contra Costa of. ....Contra Costa County, CA--. ..... . .. ... .. .. ___.. ..... . , _... ., ... �. ._. . .. hereinafter referred to as the Obilgee,effective the 6th , day of. _ Au$ust_ 19gs. IN CONSIDERATION of the premium charged for the attached bond and other good and valuable consideration it Is understood and agreed that effective the`a--18th day of . Au ust,2000 ,and subject to all the terms, conditions and limitations of the attached bond,the penal sum thereof shall be and the same Is hereby decreased from the sum of Two Million Sixty Four Thousand Three Hundred Eighty Nine and 581100 ** __.__....� . Dollars($2,064,389.58 _} to the sum of Two Hundred Ninety One Thousand Nine Hundred and No/100" Dollars( $291,900.00 } IT IS FURTHER UNDERSTOOD and agreed that subject to all the terms, conditions and limitations of the attached bond, the aggregate liability of the Surety for any loss occurring prior to said date shall not exceed the sum of Two Minion Sixty Four Thousand Three Hundred Eighty Nine and 58/100** , or for any loss occurring subsequent to said date shall not exceed the sum of Two Hundred Ninety One Thousand Nine Hundred and No/100" Dollars($221.9Q0,00 In no event, however, shall the aggregate liability of the Surety exceed the larger of the aforementioned sums, It being the Intent hereof to preclude cumulative liability. SIGNED, SEALED AND DATED this 29th day of August , 2000 Accepted By: Shapell Industries of Northern California, County of Contra Costa a Division of Shapell Industries, Inc. (grin Ipal} By: (Seal) Daniel W. Hancoc American 94ualty Company of Reading, PA *(Surety) By: L' (Seal) Sandra V. Hanner Attorney-in-fact 5UR-23169-1) '0� POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT fr' Know All Man By These Presenia,That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA,a Pennsylvania corporation(herein collectively called"the CCC Surety Companies"),are duly organized and existing corporations having their principal offic as in the City of Chicago,and State of Illinois,and that they do by virtue of the signature and seals herein affixed hereby make,constitute and appoint Beverly A. Hall,Sandra V. Hamner, Individually of Sherman Oaks, Califomia their true and lawful Attomey(s)-in-Fact with full poorer and authority hereby conferred to sign,seal and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature -in Unlimited Amounts- and to bind them thereby as fully and to the same extant as if such instruments were signed by a duly authorized officer of their corporations and all the sots of said Attorney,pursuant to the authority hereby!liven are hereby ratified and confirmed. This Poorer of Attorney is made and executed pursuant to and by authority of the By-Laws and Resolutions,printed on the reverse hereof, duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CCC Surety Companies have caused#was presents to be signed by their Group Vice President and their corporate seals to be hereto affixed on this 28th day of October 1998 CONTINENTAL CASUALTY COMPANY co-t'%�4) ar NATIONAL FIRE INSURANCE COMPANY OF HARTFORD ` � AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA A1.001 Marvin J.Cashion Group Vice President State of Illinois, County of Cook,as: On this 28th day of October 1998 ,before me personally came Marvin J. Cashion,to me known,who,being by me duly sworn,did depose and say:that he resides in the City of Chicago,State of Illinois;that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE'INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals,that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. "out My Commission Expires March 6,2000 Mary Jo Abel Notary Public CERTIFICATE I, Mary A. Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify that the Power of Attorney herein above set forth is still In force,and further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the revenge hereof are still in force.In testimony whereof I have hereunto subscribed my name and affixed the awls of the Saeid corporations this 29th day of Aug—us t 2000 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA tL( ter, tiara t0 Mary A. Ribikawekis Assistant Secretary (Rev.1011197) State of CALIFORNIA County of LOS ANGELES On LjSj,§t 299 2000 before me, -- B- HALL NOTAM PIIRLT C Gate NAME, TITLE OF OFFICER., "JANE DOE. NOTARY PUBLIC' personalty appeared SAAIDRA V. HANNER NAME(S)OF SIGNER(S) { ) personalty known to me - OR - (—) proved to me on the basis of satisfactory evidence to be the person(s) whose name{ is/XMbubscribed to the within instrument and acknowledged to me that tip/she/)Mexecuted the same irNWher/1ITIWauthorized capacity{, and that byl*&er K si+gnatureol) on the instrument the person(K), or the entity upon behalf of which the person{i4 acted, executed the instrument. B.HALL WITNESS my hand and official seal. Commission 0 11 S6 � 94 OT Notary Publlc-Copfomla SIGN TURF OF NOTARYices Angeles County MY Comm.bq:ireS Jun 14,2002 OPTIONAL Though the data below is riot required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ( ) INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(S) { ) LIMITED {..�.) GENERAL (,-) ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) {_...) GUARDIAN/CONSERVATOR (..._) OTHER DATE OF DOCUMENT SIGNER tS REPRESENTING: NAME OF PERSON{S} OR ENTITY(IES) _American Casua ty CoM2anv of_Readins;. Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE (3.107436.8 64ILIFORNIA ALL-PURPOSE ACKNOWLEDGMENT a State of California County of Santa Clara September 1, 20i)0 Linda A. Fluken, Notary Public , On before me, Dole Name and This of Of8eer(e.g.,'Jeno Do*,Notary Public) personally appeared Daniel W. Hancock , Name(s)of Signer(s) personally known to me_ to be the person() whose name(&) isMm subscribed to the within instrument and acknowledged to me that heleheAhay executed the .fti++•' +_'"A" same in his mW410i .authorized capacity(ise),and that by ur,o�A.fwtc�+ ' Corr►mjujor+a 15 his#w signatur")on the instrument the person(, Notory"Ic-ctoornIC or the entity upon behalf of which the person(e) acted, sointo dare county �Dt executed the instrument. Ccxnn+. WITNESS my hand and official seal, - Signature of Puolic OPT►CNA 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: Document Date: Number of pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: 71 Individual Ci Individual Corporate Officer ❑ Corporate Officer Title(s): Title(s): CJ Partner—:1 Limited J General ❑ Partner—❑ Limited El General El Attorney-in-Fact 0 Attorney-in-Fact CJ Trustee 0 Trustee 'hh 17 Guardian or Conservator a 0 Guardian or Conservator - C Other: Top of thumb here ❑ Other: Top of thumb here Signer Is Representing: Signer Is Representing: C 1995 National Notary Aeaociatlon•8238 Rommel Ave.,P.O,Box 7184•Canoga Park,CA 9130W7184 Prod.No.5907 Reorder C&H TOO-Fres 1.600.875.6827 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 12, 2000 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, AND CANCIAMILLA NOES: NONE ABSENT: SUPERVISOR GERBER ABSTAIN: NONE RESOLUTION NO.:2000/4177 SUBJECT: Approval of Road Improvement Agreement for San Pablo Dam Road, Road Acceptance 1092, in the E1 Sobrante area. The following document was presented for Board approval this date for, property located in the area. A Road Improvement Agreement with LBL-DUC Richmond, LLC, developer, whereby said developer agrees to complete all improvements as required in said Road Improvement Agreement within one year from the date of said agreement. Improvements generally consist of pavement widening, curb gutter and sidewalk, longitudinal storm drain system and street lights. Said document was accompanied by the following: Security to guarantee the completion of road and drainage improvements as required by Title 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $4,300.00 Deposit made by: LBL-DUC Richmond, LLC Auditor's Deposit Permit No. and Date: DP#341496 dated November 30, 1999 II. Surety Bond Bond Company: American Motorists Insurance Company Bond Number and Date: 3SM959-919 00 dated November 19, 1999 Performance Amount: $421,600.00 Labor&Materials Amount: $212,950.00 Principal: LBL-DUC Richmond, LLC RESOLUTION NO. : 2000/417 SUBJECT: Approval of the Road Improvement Agreement for San Pablo Darn Road,Road Acceptance 1092, in the El Sobrante area. DATE: September 12,2000 PAGE -2- NOW THEREFORE BE IT RESOLVED that said Road Improvement Agreement is APPROVED. All deposit permits are on file with the Public Works Department. DLgpp G:\GrpData\Eng5vc1B0120001B0 9-19-00Aoc Originator: Public Works Contact: Rich Lierly(3113-23-2 348) I hereby certify that this is a true and correct copy of an action taken cc: Pubic Works- R.Bruno,Construction and entered on the minutes of the Board of Supervisors on the date Shown. Current Planning,Community Development T- 8-12-01 LBL-DUC Richmond,LLC 14107-H Winchester Blvd. nnnn Los Gatos,CA 95032 ATTESTED: y �VVV American Motorists Insurance Company - 411 Borel Avenue,Suite 410 PHIL BATCHELOR,Clerk of the Board of Supervisors and San Mateo,CA 94402 County Administrator By ,Deputy /� ROAD IMP�Rvt3VEMENT AGREEMENT Developer: -- L- 1/u T'�t L Effective Date: Development: 01 UCompletion Period: 1 year Road: THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTE COM CQUTN'T Y DEV1 LQPER J. Michael Walford,Public Works Director By: v (signature) (print name&title) RECOM APP VA By: (aigntuure) ineering Services Division (print name&tlde) Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged. IfSubdivider is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code 5313.) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called "County,"and the above-mentioned Developer,mutually promise and agree as follows concerning this development: 2. IMPROVEMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPRQVEMENTE T SRITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: ' "" `" ZZ A A. For Ptrfo anc an Guarantee: S © cash,plus additional security,in the amount of 5 T �J which together total one hundred percent(I(i )of the esti ated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Pavment: Security in the amount of S �" ��_,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable Ietter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in accordance with S94-4.406 and 5944.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY O1:WORD. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 964.6, "Acceptance,"of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. "Che guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Developer warrants the improvement plens for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the development. 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,Developer shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County, and its special district, elective and appointive boards, commissions,officers,agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,`or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. NON-PERFORMANCE ANDCQSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions, or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 11. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the development is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third parry beneficiary against Developer,who shall•fulfill all the terms of this agreement as though Developer had contracted with the city originally. 12. CONSIDERATION. In consideration hereof: (Check applicable section(s)) County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations. County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete. Other(requires County Counsel approval RL:mw GAGrpDatalEngSvc\FormAAG WORMAG-24.doc Rev.February 4,1999 pRjEMIt.m 13.FULt.Y EARNED UPON ISSUANCE Tl Bernd: 3SM 959 919 00 Premium: $4,216.00 IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Principal has executed an agreement with the County to install and pay for street, drainage and other improvements on, or along San Pablo Dam std. Canyon oaks to complete said work within the time specified for completion in the Road Improvement A res A*, 11 84 in accordance with State and local laws and rulings. 2. OBLIGATION: LBL-DUC Richmond, LLC ,as Principal,and American Motorists Insurance Company ,a corporation organized existing under the laws of the State of Illinois , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance` Four hundred twenty one thousand sir hundred and no/100's Dollars ($ 421,600.00. ----------- )for itself or any city assignee under the above County Road Improvement Agreement, plus B. Payment: Two hundred twelve thousand nine hundred fifty and no/100's Dollars ($ 212,950.00--------- _ ) to secure the claims to which reference is made in Title 15 §§ et seq. 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, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee), its officers, agents and employees, as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. . r r B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County (or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by Surety; and the Surety hereby waives the provisions of California Civil Code Section 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. 4. SIGNED AND SEALED: November 19, 1999 The undersigned executed this document on November 19, 1999 PRINCIPAL: LBL-DUG RICHMOND, LLC SURETY: AMERICAN MOTORISTS INSURANCE COMPANY Address: 14107 WINCHESTER BLVD. STE. H Address: 411 BOREL AVE. STF:_ 410 City: LOS GATOS CA 95032 City: SA EO CA 94402 By: z By: Print Name: ''e- c- e— S2 Print Name: CHARLES M. GRISWOLD Title: A 2&'X-1z"- Title: ATTORNEY IN FACT :mw i\PWS1ISHARDATA1GrpData\EngSvc\Forms\BN WORDSN-9.doc Rev.June 17,1999 .:::. .:::. ,:::: _•::.... .re::::... .,.:.... _ .............:::..::::... .............................__ _ - .._............................................. State of California County of San Mateo On NOV 1 9 1999 before me, Sherrie Jones, Notary Public_, NAME,TITLE OF OFFICER personally appeared Charles M. Griswold NAME OF SIGNER ■Personally known to me - OR - d proved to me on the basis of satisfactory evidence to be the person(s) whose name(s).islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), SHERRIE JONES and that by his/her/their signature(s) on the U COMM.#12379S3 instrument the person(s), or the entity upon NOTARY PUBLIC-CALIFORNIA + behalf of which the person(s) acted, executed the SAN MATEO COUNTY Q COMM.EXP.OCT.15,2W3- instrument. WITNESS my hand and official seal. (SIGNATURE OF NOTARY) OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL BOND(S) CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ----------------------------- ❑ PARTNER(S) LIMITED GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT D TRUSTEE(S) C3 GUARDIAN/CONSERVATOR ® OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) AMERICAN MOTORISTS INSURANCE COMPANY SIGNER OTHER THAN NAMED ABOVE Home Office: Long Grove,IL 60049 POWER OF ATTORNEY Know All Men By These Presents: That the Lumbennens Mutual Casualty Company,the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company,corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois,(hereinafter collectively referred to as the"Company`)do hereby appoint Charles M. Griswold of San Mateo,California their true and lawful agent(s)and attorneys)-in-fact,to make,execute,seal,and deliver during the period beginning with the date of issuance of this power and ending on the date specified below,unless sooner revoked for and on Its behalf as surety,and as their act and deed: Any and all bonds and undertakings provided the amount of no one bond or undertaking exceeds TWO MILLION FIVE HUNDRED THOUSAND DOLLARS($2,500,000.00) EXCEPTION: NO AUTHORITY is granted to make, execute,seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes,as If the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. THIS APPOINTMENT SHALL CEASE AND TERMINATE WITHOUT NOTICE AS OF December 31,2001 This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23,1988 at Chicago, Illinois,true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary,or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings, recognizance&, contracts of indemnity and other writings,obligatory in the nature thereof,and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed,sealed and oertified by facsimile under and'by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February,1988: "VOTED,That the signature of the Chairman of the Board,the President,any Vice President,or their appointees designated in writing and filed with the Secretary,and the signature of the Secretary,the seal of the Company,and certifications by the Secretary,may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed,sealed and certified with reaped to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company." In Testimony Whereof,the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this February 25, 1999. Attested and Certified: Lumbermen Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual insurance Company Mut� u.wwrt r stAt Robert P.Hames,Secretary by J.S.Kemper, III,Exec.Vice President ter/ 9 STATE OF ILLINOIS SS COUNTY OF LAKE 1,Irene Klewer,a Notary Public,do hereby certify that J.S.Kemper,III and Robert P.Hames personally known to me to be the same persons whose names are respectively as Exec.Vice President and Secretary of the Lumbermens Mutual Casualty Company,the American Motorists Insurance Company,and the American Manufacturers Mutual Insurance Company,Corporations organized and existing under the laws of the State of Illinois,subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. •►1►►1►►►►►►► SEAL" III. 40 from K1owrr ` , 04 Nourypubllo,btetsofi4lrwls ► .1 eM x amm n,a►n expem JWL a.Woe r► My commission expires 1-26-02 TT'rrTTTTTTTTTT Irene Klewer,Notary Public CERTIFICATION I,JX Conway,Corporate Secretary of the Lumbermens Mutual Casualty Company,the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company,do hereby certify that the attached Power of Attorney dated February 25, 1999 on behalf of the person(s)as listed above is a true and coned copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate;and I do further certify that the said J.S.Kemper,III and Robert P.Hames,who executed the Power of Attorney as Executive Vice President and Secretary respectively were on the date of the execution of the attached Power of Attorney the duly elected Executive Vice President and Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company,and the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company,and the American Manufacturers Mutual Insurance Company on this Now 1999 Z All.riift0lt f M !TIAL ��•�r1 J.K.Conway,Corporate Secretary This Power of Attorney limits the ads of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. FK 0362 6-96 Power of Attorney-Term Printed in U.SA CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara I ss. Can November 22. 1999 ,before me, K, D.Rathermel,Notary Public , Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Patrick J. Geary Name(s)of Signet(s) ■personally known to me 13 proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his K.r�; -,ER u,AL authorized capacity, and that by his 74 ,< ,x ' ommiss`en i 1767 signature on the instrument the person, or . u "c ary r7u rc ca Irarn�o I the entity upon behalf of which the person Santa Cara County moires near t 9,2002 acted,executed the instrument. WITNESS my hand and official seal. ALukj A/AJ�---�_ Place Notary Seal Above gignature 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 form to another document. Description of attached Document Title or Type of Document: Improvement Security Bond for Road Improvement Agreement Document Date: Novembcr 19 1999 Number of Pages: 4 Signer(s)Other Than Named Above: Charles M Griswold Capacity(ies) Claimed By Signer Signer's Name: Patrick J. Geary 1UGHT THUMEPRINr OF SIGNIM 0 Individual Top of thumb here 0 Corporate Officer--Title(s): 0 Partner--0 Limited 0 General ®Attorney in Fact Trustee 0 Guardian or Conservator ■ Other: Authorized Signatory Signer is Representing: LBL-Duc Richmond LLC THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 12, 2000,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER AND CANCIAMILLA NOES: NONE ABSENT: SUPERVISOR GERBER ABSTAIN: NONE RESOLUTION NO.: 2000/418 SUBJECT: Approval of the Parcel Map for Subdivision MS980015, Brentwood area. The following document was presented for Board approval this date: The Parcel Map of Subdivision MS980015 property located in the Brentwood area, said map having been certified by the proper officials; Said documents were accompanied by: I. 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 1999- 2000 tax lien has been paid in full and that the 2000-2001 tax lien, which became a lien on the first day of January 2000, is estimated to be $2,000.00. II. Security to guarantee the payment of taxes as required by Title 9 of the County Ordinance Code, in the form of a surety bond, No. 112055, issued by American Contractors Indemnity Company, 9841 Airport Blvd., Suite 900, Los Angeles, CA 90045, with Carol A. Davis, as principal, in the amount of $2,000.00 guaranteeing the payment of the estimated tax; NOW THEREFORE BE IT RESOLVED that said subdivision, together with the provisions for its design and improvement, is DETERMINED to be consistent with the County's general and specific plans; BE IT FURTHER RESOLVED that said Parcel Map is APPROVED. I hereby certify that this is a true and correct copy of an action taken JD:gpp and entered on the minutes of the Board of Supervisors on the date \\PWS4\SHARDATA\CnpData\EngSvc\BO\2000\BO9-12-00.doc shown. Originator: Public Works(ES) Contact: Rich Lierly(313-2348) cc: Public Works-Transportation ATTESTED: Current Planning,Community Development PHIL BATCHELOR,Clerk of the goard of supervisors and American Contractors Indemnity Company County Administrator 9841 Airport Blvd,Ste 900,Los Angeles,CA 90045 By Deputy RESOLUTION NO. : 2000/4 8 Tax Collector's Office William J.Pollacek 4-112- 625 l625 Court Street Contra County Treasurer-Tax Collector e� Finan„)Building, Froom 100 �'/��cv P.0. Box 631Joseph L.Martinez Martinez,California 94553- Costa Assistant Tax Collector 0063 (925)646-4122 Count/ Joslyn Mitchell (925)646-4136 FAX ") Tax operations Supervisor `Al `t• Date: 811100 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# Clty T.R.A. 98-15 BRENTWOOD 58008 Parcel#: 003-020-033-1 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 1999-2000 tax lien has been paid in full. Our estimate of the 2000-2001 tax lien, which became a lien on the first day of January, 2000 is $2,000.00 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 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treas -Tax o I or By:=. cam'' AAmerican Contractors Indemnity Company The term of this bond is Bond No. 112055 January 1, 2000 through December 31, 2000 Premium: $100.00 Subdivision Tax Bond KNOW ALL MEN BY THESE PRESENTS: THAT WE, Carol A. Davis,as Principal,and American Contractors Indemnity Company,as Surety,are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of Two Thousand and No/100 Dollars($2,000.00)lawful money of the United States of America,to be paid to the County of Contra Costa, State of California, for which payment,well and truly to be made,we bind ourselves,our heirs, executors,administrators, successors and assigns,jointly and severally, firmly by these presents,to assure payment of taxes and assessments which are a lien,but not payable,as provided for in Section 66493 of the Government Code of the State of California. The condition of the above obligation is such that WHEREAS,the above-named Principal is about to file a map entitled"Parcel No. 003-020-033-1", City of Brentwood, County of Contra Costa, and WHEREAS,there are no liens against the subdivision or any part thereof for unpaid state, county,municipal or local taxes or special assessments collected as taxes, except taxes or special assessments not yet payable. NOW THEREFORE, if the said Principal shall pay on or before December 31, 2000,all taxes and assessments which are now a lien against said tract,or any part thereof,but not yet payable at the time of filing of the map of said tract,then this obligation is to be void and of no effect; otherwise to remain in full force and effect. Signed, Sealed and Dated this day of August 11,2000. PRINCIPAL SURETY Carol A. Davis American Contractors Indemnity Company 9841 Airport Blvd., Ste. 900 By k Los 'es,CA. 30045 13OND RZTTLNM AND APPROVZD Nincy .Avallis,Attorney-in'-]�act 00 OOUNTY TI�MOOSTA, I TRXWRXR t-�LLAMst CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California SS. County of Sonoma s On August 11 , 200gbefore me,Pamela D. Puskarich, Notary Public <' Date Name and Title of Officer(e.g.,'Jane Doe,Notary Public") h r personally appeared Nancy L. Wallis Name(s)of Signer(s) personally known to me proved to me on the basis of satisfactory evidence to be the personal whose name(,a')( Ale AMELA D. PUSKARCCH subscribed to the within instrument and '' `• +u COMM. #128012 acknowledged to me that sh executed NOTARY PUBLIC-CALIFORNIA n the same In a their authorized h SONOMA COUNTY -• T t capacity(yesT, and that by M Comm.Expires August 3,2003 My Tsignatureon the instrument the person(};or h the entity upon behalf of which the persons-r acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL h Though the information below is not required by law, it may prove valuable to persons relying on the document t 6 and could prevent fraudulent removal and reattachment of this farm to another document. ' h Description of Attached Document Title or Type of Document: Subdivision Tax Bond 112055 , 1 poa, 1 ack 1 1 Document Date: Number of Pages: T h Signer(s) Other Than Named Above: r Capacity(ies) Claimed by Signer h Signer's Name: 1) E Individual E Corporate Officer—Title(s): Top of thumC here L, Partner—❑ Limited ❑ General r Attorney in Fact El Trustee ?� ❑ Guardian or Conservator O Other: Signer Is Representing: C 1999 Nationai Notary Association+9350 De Soto Ave.,P.C.Box 2402•Chatsworth,CA 91313.2402+www.natlonalnotary.org prod.No.5907 Reorder:Call Toll-Free 1-800.876.6827 American Contractors Indemnity Company Los Angeles, California POWER OF ATTORNEY KN0V1, 'a.I.._ -`.EN 13Y'.'III: E 1":I:SENTS: '„c.i.��if. :Ii. A`' r'C.)`"T iAr"`�rP.S I`:1JEt:t�`I'fY' C'U�iI `; '. a Ctl:ifornia+ 'nr ration. th•'"rt�^:n t:` "}. an:l F.nvin? >ti pCir!-ipa� cft ., ni Lo P,Cgcl 5,t al!f'7r 'ia d:1=ti F;!reby co- ,and appoint: L. wMA..TIS as i:s true a-:d Attc-ney(s)-in-fa.t, ii1 ori;, r.t of it,,tA eCULV,Seal and d.liver for and on its behalf as surety,any ,,nett:.'l bor,::;s and undenakany s,rzcoi niza"ct ,contracts!+`i"ue'lIi!ity;,.rid ot'rje:r -writings obligator]in the nature t1lerCof, which are ar:r.2Y 1: .:llo' 'Ec,require.:(or pc,^j-!,d by law,statti 5,rile,regulation,contract or otherwise,and the execution of such instrument's)in pursuance thtse nresent.s, shall `re a:: Melding uper the said AMEhiCkN CONIRACTORS INL:EM,NITY COMPkNY, as fully and amply,to all intents and purposes,as if the sane had beer.duly executed and acknowledged by its regularly elected officers at its principal off'lcc. Thi;Power of Attorney i;extic:uted.and may be certiNd to and may he revoked,pur%%iart to and h.y authority of resolutions adopted by the Beard o`Ltirc.:t,,rs of.�MI-EF.ICA`ti('0Nt"I'RA:'T(')l6 LNI)EMINIT:-CO NIF'AN Y.at a rneetino called and held on tr.e nth azy c,f December, 1990. ri"at the Chief[.x.e-:.wive.' ',:Icer,`>rC3id.'+ or anl, Vii ..lFresidcnt, Executi,,Vi--,e Pre5iden.,Se(:tetary or Ass'.:tant Secretary, 's'i711 h:iv- pe,-vb.r wid au-hority. a—pottt: -tet^rt'!ev,;s? in fac C sln f t; �uth,:,ri .^t 1';11 toextyc: e or t+etlalf of-h�Company..and 2ttarh the Teal of the Company tor.?s a.n.lt.r:ucrt.:':ir:cs,conuac•ts of'indem.,iiiy wid tither writings obligatory in the mature thereof and, l.'';,rerrove,at any tire, any such A tomey-iri-fai_t ar,3 revoke the au!1%-)City giver! I'IE Sj..Z'rD F".'T<TF EF" tha"tl^e sig:sa:,ir.: of si:•rn cf kers and ti-!r seat of the C,")iY11)aii� r-,.ay, `•e affixed to any such rower of attomey or an, cert a:,rCl i f riS *110re r')1”"ii:.:r;lc ;];tai am St'.^l' t?'•,6 or---f--ttUrni"y' l earirgu b es or fa--simile sea' J 111 facs:Crl!ie 51 na.::r Shall be va!id and binding upoi the Company r..i any suc?1 pi1'.Wer su executed and ;ertifed by facsimile signatures and fdcsimile seal shall b,� ,Aid an ? bind::-,s:; u:>on true Co.0 ea:y in the fuwre with lesuect to any boned or urderralk.ing to which it is attached. 1ti "'Ti:rESE C0NTF(A.c'['r;';RS #,vi:ll-*1,`�t''I ` COMPANY ,".ss caused this imtrunlrrit to be sipied and its :<::'. t;:h_ of".ted b,:iti c.!th+�r,z�ci•�~,i.erthi; _.._.., t=?. _.. da;;of 7.COC J �cACT C AhiL:'RM".h C:O:'�t"7I2.gC"I GrrS L`xi DEN 'ITS' ��;tir^,a2+tY t 1' #K.RPJQ!{I6:J AndyFa" Presid,-nt s'r ,TE.O1- CALUOkNIA C 01.?NTY (:)F LOS ANGELES o njt .PI;IL 5, 2000_. rne, !:sa ; rese per3cnally appeared Andelutit "r.o ally known tome :o b the L-,r;t}r. v,h :;< name is subscribed to ttie w'it^in instru,-.-ient and ackr.ov-1edged tome that he executed tF:e _•.il'1C in his autho'-"-7E-d capa{itti', 5 r; tIat le., i:. 51cn,ttl-rp tori it''in-strt!1ncnt the ;':e:r5on,or the;ntivy uFJt' behalf of which the prrson acterl, _,_,uz, .: th; i . tr.rne^t. 5S re.y hand an i official, seat DEBORAH GEESE LrCirnr^iitign* t?t).S�+Fa7 -� Notory Publ;c—Cclf=i a Less AngeWm County c.ZL f' My Crrx�i.E a+es km t a,� --------t __. -':. . CERTIFB�'AI•I0N i — - - I. tits a;�dersigr.ed olf;ccr of A:! EP. C'A,- CONTRkCTORS TNDI=.MNIT5' COMPANY do hereby cer.ify that I have corn-aced the t , : g-)::',? Ctin„ .' Il1r I3_�u CC 4'; t ret .ur{�:::, am t' f A Jr,:—t aaai that Co p1 f)r he :t.'so!-ution atrc-,:ed h the Board of Directors of saic Company -is ict fonh .n said Pwx-er cf Attorrey. win 1 the ORIGI.N.-U_S ON FILL IN 'i•EiE HC).\IE OF SAID COMPANY,and tnat sarr.e are ere ,t:anF:. iPts there.-of and ol'the t�hi7l<t r,+'the:said ariginaie.--r-d that tt.'.Sa'd Fo-,x2rof tt, orney has no:h.enr.--,-:)ked and i,, n in fill; It:'.-e an Cf2'.'�t. 12,'TESITINI 1` YWH:Ei.REOF'. Ihireh..recn;. setmyhandt��s 11th d%yof --August 2000 James H. Ferguson,Secretary- Recorded at the request of: Contra Costa County Public Works Deparunent Engineering services Division Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on September 12, 2000, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER AND CANCIAMILLA NOES: NONE ABSENT: SUPERVISOR GERBER ABSTAIN: NONE RESOLUTION NO.: 2000/419 SUBJECT: Authorizing Acceptance of Instrument. IT IS BY THE BOARD ORDERED that the following instrument is hereby ACCEPTED: INSTRT TMENT REFERENNCE GRANTOR AREA Grant Deed of Subdivision MS980015 Carol A. Davis, Trustee Brentwood Development Rights of the Davis Family Trust, (Scenic Easement) 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. JD:gpp G:IGrpData\EngSvc\BO\20001BO 9-12-OO.doc Originator: Public Works(ES) ATTESTED:_ Contact: Rich Lierly(313-2348) PHIL BATCHELOR,Clerk of the Board of Supervisors and ccc Recorder(via Title Company)then PW Records County Administrator Current Planning,Community Development By ,Deputy RESOLUTION NO. : 2000/419 Recorded at the request of: Contra Costa County Public Works Department Engineering Services Return to: Public Works Department Records Section Area: Brentwood Subdivision:MS980015 APN:003-020-033 GRANT DEED OF DEVELOPMENT RIGHTS (Scenic Easement) To meet condition of approval number 8 of Subdivision MS980015, I, Carol A. Davis, Trustee of the Davis Family Trust, (Owner) hereby grant to the County of Contra Costa, a political subdivision of the State of California(Grantee) and its governmental successor or successors, the future development rights, as defined herein below over a portion of that real property known as Parcels A and B of Subdivision MS980015, situated in the County of Contra Costa, State of California and more particularly described in Exhibit A. Development rights are defined to mean and refer to the right to disapprove of any proposed construction, development or improvement within the areas marked "restricted development area." The development rights are and shall be a form of covenant,which shall run with the said property and shall bind the current owner and any future owners of all or any portion of said property. In the event of a disapproval of proposed construction by the Grantee or its successor, said proposed construction shall not be performed. Grantee or its successor may condition its approval of any proposed construction upon prier or subsequent performance of such conditions as Grantee may deem appropriate. The undersigned executed this instrument on 71e 5 70 (Date). Carol A. Davis,Trustee of the Davis Family Trust (Signature) 40,6 L�2 / C�� Carol A. Davis (See attached notary) JD:kw April 27,2000 0:\CxpDuaa\EngSvcVOSEPH'�2000\Aprii\Deed MS980015 Scenic Ewement.dac e Iv CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of ' OPTIONAL SECTION County of t 0 L CAPACITY CLAIMED BY SIGNER On before me, t Though statute does not require the Notary to fill DA. E NAME,TITL F OFFICER E.G.,"JANE DOE,NOTARY PUBLIC' in the data below,doing so may prove invaluable to persons relying on the document. personally appeared NAMES)OF SIGNER(S) C INDIVIDUAL C personally known to me-OR-,,2-provided to me on the basis of satisfactory evidence to C CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLE(S) subscribed to the within instrument and a, acknowledged to me that he/she/they executed C PARTNE S C LIMITED 49; C. FLO�JERS 1 the same in his/her/their authorized � ) C GENERAL Comm 11731$1 r;R capaci (les),and that by his/her/their C ATTORNEY-IN_FACT f:07A?Y' °' fC CA iOFN'A Yl si u (s)on the instrument the persons)orStar aus Caun y t entity upon behalf of which the persons) C TRUSTEE{S) „ p hr� cted,a ted the instnlment. C GUARDIAN/CONSERVATOR h Wcmm x-�res Fet tv.:"r. C OTHER: WI S Mynd d 1 ial seal, SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITY(IES)) SIGNATURE NOTARY C acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data is not required by law,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 following to be acceptable to Contra Costa County. I. FOR A i SIGNAD=S -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. SIGNATUMS 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. S-Signing party must be either a general partner or be authorized in writing to have the authority to sign tor and binde partnership. IV, Documents should a signed y two officers,one from each of the following two groups: GROUT' 1. a)The Chair of the Board b The President c Any Vice-President GROUP 2. a The Secretary lbAn Assistant Secretary c The Chief Financial Officer 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:kw Rev.may 5,1999 do IS � MS980015 (Scenic Easement) EXHIBIT "A" All that real property situated in the County of Contra Costa, State of California, described as follows: A portion of Parcels A and B, designated as "Restricted Development Area (Scenic Easement)", as shown on the parcel map of Subdivision MS980015,on file at the County Recorder's Office as follows: Date: Book: Page: 3D:kw G:1GrpDataiEngSvc\)OSEPH�2000\April\Exhibit A-SE MS980015.doc April 27,2000