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HomeMy WebLinkAboutMINUTES - 09262000 - C4-C8 e. 41 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNT', CALIFORNIA Adopted this Order on September 26, 2000 by the following vote: AWES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILLA AND GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE SUBJECT: Accept Completion of Warranty Period and Release of Cash Deposit for Faithful Performance, Subdivision 6927, Oakley area. On October 14, 1997, this Board resolved that the improvements in Subdivision 6927 were completed as provided in the Subdivision Agreement with Western Pacific Housing, Inc. formerly Oak Crest—Oakley, L.P., a California Limited Partnership, and now on the recommendation of the Public Works Director; The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for the period following completion and acceptance. Therefore, IT IS BY THE BOARD ORDERED that the Public Works Director is AUTHORIZED to refund the$1,000.00 cash deposit (Auditor's Deposit Permit No. 0249165, dated August 30, 1994) plus interest to Western Pacific Housing, Inc., formerly Oak Crest—Oakley L.P., in accordance with Government Code Section 53079 and Ordinance Code Section 94-4.406. NOW THEREFORE BE IT RESOLVED that the warranty period has been completed and the Subdivision Agreement and surety bond are exonerated. 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. JC;gpp ATTESTED: SEPTEMBER 26, 2000 1\PWS4ISHARDATA\GrpData\EngSvc\130\2000\130 9-26-OO.doc PHIL BATCHELOR,Clerk of the Board of Supervisors and Originator: Public Works(ES) County Administrator Contact: Rich Lierly(313-2348) cc: Public Works -Accounting,Tax I.D.95-469 2688 J.Florin,M&T Lab $y ,Deputy R.Bruno,Construction Current Planning,Community Development Western Pacific Housing,Inc.,1210 Central Blvd,Brentwood,CA 94513 American Motorists Insurance,7470 N.Figueroa Street,Los Angeles,CA 90041 THE BOARD OF SUPERVISORS-OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 26, 2000 by the following vote: AYES: SUPERVISORS GIOIA, CANCIAMILLA AND GERBER NOES: SUPERVISOR UILKEMA ABSENT: :SUPERVISOR DESAULNIER ABSTAIN: NONE 2000/460 RESOLUTION NO.: SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 50-91, Walnut Creek area. The following documents were presented for Board approval this date: I. Map The Parcel Map of Subdivision MS 50-91,property located in the Walnut Creek area, said map having been certified by the proper officials; IL Subdivision Agreement A subdivision agreement with Trilogy Homes, Inc., subdivider, whereby said subdivider agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: A. Cash Deposit Deposit amount: $1,000.00 Deposit made by: Trilogy Homes, Inc. Tax ID number: 680430072 Auditor's Deposit Permit No. and Date: 356137 September 14, 2000 B. Surety Bond/Letter of Credit Bond Company: Developers Insurance Company Bond Number and Date: 8660845 August 30, 2000 Performance Amount: $70,400.00 Labor&Materials Amount: $35,200.00 Principal: Trilogy Homes, Inc. RESOLUTION NO. : 2000/460 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 50-91 Walnut Creek Area. DA'T'E: September 26, 2000 PACE -2- 1.11. 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 $8,600.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: Developers Insurance Company Bond Number and Date: 8660955 September 7, 2000 Amount. $8,600.00 Principal: Trilogy Fomes, Inc. NOW THEREFORE BE IT RESOLVED that said subdivision,together with the provisions for its design and improvement, is DETERMINED to be consistent with the County's general and specific plans; BE IT FURTHER RESOLVED that said Parcel Map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets,paths, or easements shown thereon as dedicated to public use. All deposit permits are on file with the Public Works Department. BE IT FURTHER RESOLVED that said subdivision agreement is also APPROVED. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. JH:gpp o:\GtpData\Engsvc\BC112000\BO9-26.00.doc ATTESTED: SEFITZSER 26, 20001 Originator:Public Works(ES) :PHIL BATCHELOR., Clerk of the Board of Supervisors and Contact: Rich Licrly(313-2348) County Administrator cc: Public Works-R.Bruno,Construction Current Planning,Community Development T—July 26,2000 Trilogy Homes,10 valley Drive,Orinda,CA 94563 By Deputy Developers Insurance,Co.,17780 Fitch,Ste 200,Irvine,CA 92614 ' SUBDIVISION AGREEMENT (Government Code 566462 and 566463) Subdivisions tP t of Q " Subdivider: r Effective Date; `"i 12.6/00 _ __ Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES`AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER J.Michael Walford,Public Works Director By: ��• ^/1 y (signature) (Mnt name&tilde) MENDEDRECOM PP OV By: (signature) En seting Services Divis' n (Print name&due) FOE APPROVED: 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.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"County',and the above-mentioned Subdivide r,mutually promise and agree as follows concerning this subdivision: 2. JM_ER aMENTS. 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. IMPR VEMENT SECURITY. 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 Pe,rfoEnance and Guarantee: S cash,plus additional security,in the amount of S O 0 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. 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. ForPayment: Security in the amount of$ which is fifty percent(SO°1o)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider, the amount securities may be reduced in accordance with 5944.406 and 5944.408 of the Ordinance Code. 4. G. RS_ NTY A ANTFE AND WAOF WORK. Subdivider guarantees that said 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 his expense,any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. S. PLANT EaTABLISHhdFNT WOEX. Subdivider 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(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRAN„T'. 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 shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A, The jDe }ibex benefitted and protected by this promise are the County,and its special district,elective and appointive boards, commissions,officers,agents,and employees. B. The liabilitiI5 protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. (OSIS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. S,,,1 M.UYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NQN-PPEHE RMANCE AND COSTS:If Subdivider fails to complete the work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCt)&EQR6TIQ&6 EXATJQN. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. MCORD M . In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. RL:mw o:u baU\FA8SvC\F0,nMGWORMAG-30doc Rev. ebnwy 4,1449 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION County,of CAPACITY CLAIMED BY SIGNER On before me, /1� L' ri%/!� � Though statute does not require the Notary to fill ATE NAME,TITLE OF OFFICER E.G.,-JANE DOE,NOTARY PUBLIC' in the data below,doing so may prove invaluable personally appeared 1 ` Mid✓/ rto persons relying on the document. NAME(S)OF SIGNER(s) �C INDIVIDUAL ❑ personally known to me-OR rovided to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICERS) be the person(s)whose name(s)is/are TITLE(s) subscribed to the within instrument and acknowledged to me that he/she/they executed ❑ PARTNER(S) ❑ LIMITED the same in his/her/their authorized ❑ GENERAL Capacity(ies),and that by his/her/their 0 ATTORNEY-IN-FACT THERRE signature(s)on the instrument the person(s)or t" Gomm.41185504 the entity upon behalf of which the person(s) (S) N;CONSERVATOR !! NOTARY P'UKIC•CALlfORNiA acted,executed t i irument. ❑ C,U0 TRUSTEE (S) ca,tt,cwt:eae,firr "" 11 OTHER: ,my Cam Esku Wy 31 2002 WITN m ria and o ci seal, SIGNER IS REPRESENTI.NG: I NAME OF PERSON(S)OR ENTITY(IES)I SIONATURE OF NOTARY acknowledged tome that such corporation executed the within instrument pursuant to 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. 1. FOR AL4 SIGNATURES--The name and interest of the signer should be typed or printed BENE61H the signature. The name must be signed exactiy as it is typed or printed. IL SIGNATURES FOR II+ IVII)IJALS-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 for and binde partnership. IV. Documents should a signed by two 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 2. a The Secretary An Assistant Secretary The Chief Financial Officer cr 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 df Rev.January 13.2000 -Ee1x -wee 02 :49 PH Z- J. L9WjS P- 02 04I1�I19' 9 07,39 7072559710 G.C. VANCLI PAGE 81 Z*iC�I�{"1'ItRCiI'�' or DXRXCTOR ho the Tueorporator of TRILOGY E3OMZS, INC. , a Caligornia corporation, I hereby appoint BRADLEY J. LlSW'IS an the •caro Director of TRTtoaY Ronan, ZVC. I hereby resign as the ineorporatar Of TRIZAM BOOS# Inc. Cate April 14, 1999 . ^s • LI r r FEB-01—2k3ta0 02 .50 Pm H. .J'. LEW I S 04/14/1999 7135 7072555710 UO.- V"46A-1 644 P. 03 COMFORAT2 RZOOLUTION VNILOGY Ott E$, INC. 04rald C. Vancli having resigned as the incorporator and appointed his successor as the soli Director t a'WLEY J. LEE. As the sale Director, Mr. Lewis has designated himself as President and Graceann Anderson as Secretary of this corporation, effective April 14, 1999. U IT HIMBY RISOLVSDt That BRAMSY J. LEWIS,, as President of Trilogy Roma, Inc. is hereby authorized to sign alr lean documents and contracts on behalf of this vorporation. I -- —4 J, ,/0' Dated: April 14, 1999 BRADLEYWNS Preside d Sole Director of TRILOGY HO S', TNC. Z, GRACaANN ANDERSON, the Secretary of Trilogy Rome* Inc. , hereby certify that this resolution was paused by the hoard of Directors of Trilogy Haan, Inc. on April 14, 1999. Dated; April 15, 1999 GRACEANN WOMSM, Secretary 'i i Subdivision: M5 50-91 Bond No.: 8660845 Premium: $1,690.00 Premium Term 2 Years Subject to Renewal. IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL (,) SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to install and pay for street,drainage, and other improvements in Subdivision MS 50-91 , 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: Trilogy Homes, Inc. as Principal,and Developers Insurance Company ,a corporation organized existing under the laws of the State of California , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance and Guarantee: seventy thousand four hundred & N0/100** ($70,400.00** *****************) for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment: Thirty-five thousand two hundred and NO/100************** DollarstkXUX $35,200.00**************1 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 pa rt + the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County (or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors, subcontractors, laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration 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. SIGNED AND SEALED on A izust 30, 2000. PRINCIPAL: _Trilogy Homes, Inc. SURETY: Developers Insurance Company Address: 10 Valley Drive Address: 17750 Fitch Suite 200 City: Orindm Zip: 94563 City: Irvine ip: 92614 By: By: '. . Print Name.�9- Print Nam o M. Prib 1 Title: - - Title: torney-in-Fact MW GAGrpDaulEnSsvc\Fomis\BN WOPD\BN-12.doc Rev.June 17.1959 State of Q(ifomia County of Contra-Costa SS. On August 30 2000 , before me, M A urmnt PERSONALLY APPEARED Gregigry M Prlbyl Personally known to me (or proved to me on the basis of satisfactory evidence)to be the persons) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the M.A. CURRENT - entity upon behalf of which the person(s) acted, executed the uw COMM. 1247205 instrument. NOTARY PUBLIC•CALIFORNIA r CONTRA COSTA COUNTY -+ My Comm.Expires Dec.28.20431 WITNESS my hand and official seal. (�_i i i,iiii iil-I ii. i1i, i1iiii,1 11 il Ili i ilill This area for Official Notarial Seal M. A. Current, Notary Public OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual Corporate Officer Contra Costa County Subdivision Improvement Bond No. 8660845 Title(s) Title of Type of Document ❑ Partners L3 Limited 1 (double sided) ❑ General Number of Pages Attorney-in-Fact Trustee{s} August 30, 2000 ElGuardian/Conservator Date of Document ❑ Other Signeri Other Than Named Above SIGNER I5 REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Developers Insurance Company ALL-PURPOSE ACKNOWLEDGEMENT " POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA AND DEVELOPERS INSURANCE COMPANY N° 1 0 5 2 0 3 P0,BOX 19725,IRVINE,CA 92623•(949)263-3300 NOTICE: 1. AC!power and authority herein granted shall in any event terminate on the 31st day of March,2002, 2. This Power of Attorney is void if altered or if any portion is erased. 9. This Power of Attorney is void unless the sea!is readable,the text is in brown ink,the signatures are in blue ink and this notice is in blue ink. 4. This Power of Attorney should not be returned to the Attorneys)-in-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally, but not jointly,hereby make,constitute and appoint *** Michael J. Brown, Dan P. Wolf, Gregory M. Pribyl, Melissa Current, jointly or severally* the true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts of suretyship In an amount not exceeding Ten Million Dollars($10,000,000)in any single undertaking;giving and granting unto said Attorneys)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporations be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations 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,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 3rd day of December,1999. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By B r Crowell y PAN), Crowell resident _kc o paR isident \p1SURA4 ' ` ATTEST OCT.s o� c�z � � AR.27 wo 1967 r 7 1978 ae� "F0 3 W 0,r{lF0��4' By * ByL # Walter Crowe IA Walter Crowell Secretary Secretary STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE } On December 3, 1999,before me,Caroline A.Hrycyk,personally appeared Harry Crowell and Walter Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the Person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/shetthey executed the same in his/her/their authorized capacityiies),and that by hisfher/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. Signature 1 CAROLINE A.NRYCYK O COMM.#1237813 " g4Notary Public - Califorrila Z ORANGE COUNTY My Comm.Expires OCT 12,2003 CERTIFICATE The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA.and senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains In full force and has not been revoked:and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this-&—*ay of INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY pxPANY p OCT,5 a By William T.Sherer o 1967 William 1 Sharer MAR,27 $7 Vi Senear Vice President 2' c�UFOa��Y a` Senior Vice President y� t 'rtiFat+�` I0-314(REV.12/99) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of �� d OPTIONAL SECTION County of f i L C' � �? CAPACITY CLAIMED BY SIGNER On mal before me / �% `+ Though statute does not require the Notary to fill AT NAME,TITLE F OFFICER E4,"JANE DOE,NOTARY PUBLIC" in the data below,doing so may prove Invaluable to persons relying on the document. personally appeared�, Jit- i` �✓'� NAME(S)OF SIGNER(S) INDIVIDUAL 2 personally known to me-OR -1-1 ovided to me on the basis of satisfactory evidence to © CORPORATE OFFICER(S) be the person(s)whose name(s)1s/are TITLES) subscribed to the within instrument and acknowledged to me that he/she/they executed ❑ PARTNER(S) G LIMITED the same in his/her/their authorized ❑ GENERAL capacity(ies),and that by his/her/their ❑ ATTORNEY-IN-FACT KRISTIN THERRE signature(s)on the instrument the person(s)or G TRUSTEE(S) `� COti1I11.11185504 ttrhy the entity upon behalf of which the person(s) p GUARDIAN/CONSERVATOR NOTARY PUBLIC.CALIFORNIA Ui acted,executed the i trument. ❑ OTHER: Cams CWA County Cham. e1 Niy�1,2002 WI m nd eal, SIGNER IS REPRESENTING: y.i.,,... 'yy (NAME OF PERSON(S)OR ENTITY(IES)) SIGNATURE F NOTARY ❑ acknowledged to me that such corporation executed the within instrument pursuant to 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 INSTR QTIONS 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. FORAL , SIGN'AJIMEES -The name and interest of the signer should be typed or printed BENEATIi the signature. The name must be signed exactas it is typed or printed. II. SIGN TURES FOR INDIYIDI JAS The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNS -Signing party must be either a general partner or be authorized in writing to have the authority to sign or an in a partnership. IV. SIGNAL gQ4 CORPORATIQ_N5 Documents should a signed y two officers,one from each of the following two groups: GROUP 1. {a}The Chair of the Board (b The President e Any Vice-President GROUP 2. al The Secretary b An 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:m"f Rev.January 13.2900 F 7:t-0I-2Gaa tda! 4 49 FM is LZWI,. 707 *; 4^4 0777 P- 02 04/14!1995 07.35 7072559710 a.C. VAt+OLI PAGE 01 11lli'O��!''�'l�i�lt'1' C! bZR1CRfl1� ho tha Incorporator of TRILOGY HOMES# INC. , s Cslitornia corporation, 1 hereby appoint SRADLSY J. LZWZ® as the Sala 0tre for of TRILOGY HOWis, zWC. I hereby resign as the incorporator Of TRILOW HOES, INc. Dates April 14, 1999 LI FES-01-2000 02 :50 PM D. J. LEWIS 0di14/1V95 07:38 7072555710 iso.. V+�Y��..s ��� 644 ���� P. 0Z CORFORATZ AsbOLUTION TRILOGY ROStM ZVC- aorald C. Vanaii having rasignsd as the incorporator and appointed his successor a• the sale Director' EJWLRY a. LEWIS. As the solo Director, Mr. Lrwis has designated hiMsalf as President and +Graceann Anderson as ftoratory of this corporation, effective April 14, 1999.' as IT H1 XZ3Y RBSOLVIO t That BRADLEY" J. LEWIS# as President of Trilmm Hems, Inc. is hereby authorized to sign alloan documents and contracts on behalf of this MOrporation. Dated: April. 14, 1999 WLRY XAMS ProsidenUd bolo Director at TRILCMtC HO S, INC. I, GAWRAlNN ANDERSON, the secretary of Trilogy Ros e# Inc. , hereby certify that this resolution was passed by the Board of Directors of Trilogy Roma, Inc. an April 14, 1999. Dated: -April 15, 1999 GRACEAM Aft 8 , Secretary Tax Collector's Office William J.Poliscek 625 Coutt StreetCounty Treasurer-Tax Collector Finance Building, Room 100 ���� P.0. Box 631 (�'`````//�� Joseph L.Martinez Martinez,California 94553- Costa Assistant Tax Collector 0063 (925)6464122 County Joslyn Mitchell (925)646-4135 FAX "1 Tax Operations Supervisor ✓ is d Date. 9/6/2000 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. 91-50 WALNUT CREEK 98002 Parcel#: 178-120-013-8 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 $8,600.00 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. WIL J. POLLACEK, T ur r-T 9 By: insc ICO SUBDIVISION TAX BOND C [E ®9ED BOND NO.: 8660955 PREMIUM: $ 172.00 KNOW ALL MEN BY THESE PRESENTS: THAT we, _ Trilogy Homes, Inc. as Principal, and DEVELOPERS INSURANCE COMPANY,a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety. are held and firmly bound unto The County of Contra Costa Ei thousand six hundred and NOI100*`""'" ""°""`"""**"*'*`*'"*'""•"""""°" •"*""'.x..." as Obligee,in the sum of 9ht Y.*Mrk♦**k##*kk#*R►f****tilltit#rp YrXt♦4xR*i•Ir•#4i##t##YwR*xtef*f iittRf#elft*+ew*4lYe1r1 t4+f*+##*kiFfb9r%t•Nik Ye#-kfi*• ($ 8,600.00 ) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors,jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above bounden Principal is the owner of that tract of land situated in Contra Costa County, California, and described as follows: TractlMS#91-50, Walnut Creek, T.R.A. 98002, Parcel#: 175-12D�,ia:8 — . -'�4,/�0 BOND REV_TLWED AND APPROVEi,, CONTRA COSTA COUNTY T OLLECTOR NOW THEREFORE,if the said Principal shall pay, or cause to be paid,when due, all taxes,and all special assessments collected like taxes, for the year 2000-2001 , which at the time of filing said map, are a lien against such subdivision, or any part thereof,but not yet payable, then this obligation shall cease and be void,otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at Walnut Creek California,this 7th day of September 2000 YEAR Trilpgy Ho es, Inc. DEVELOPERS IN N EC" PANY pa! + BY: Gregory Atornc. m•;va�� 17780 Fitch Irvine,CA 92614 (949)263-3300 FORM DI-122(REV.12199) e-, State of —California County of Contra Costa SS. On _�:nte r 7. 2000 , before me, M. A. Current PERSONALLY APPEARED Grew M. Pdbyl Personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the , s; M,A. CURRENT � Instrument. COMM. 1247205 d� NOTARY PUBLIC CALlf0RNIA { f CONTRA COSTA COUI I - 11 WITNESS my hand and official seal. My Comm.Expires aec.as,zoos This area for Official Notarial Seal M. A. Current, Notary Public 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 C] Individual L] Corporate Officer Subdivision Tax Bond No. 8660955 Title of Type of Document Title(s) © Partners One Ll Limited Number of Pages L] General ney-in-f=act September 7, 2000 tee(s) Date of Document 0 Guardian/Conservator O Other Signer(S) Other Than Named Above SIGNER IS REPRESENTING: NAME OF PERSON(5)OR ENTITY(IES) Developers Insurance Company ALL-PURPOSE ACKNOWLEDGEMENT ` POWER OF ATTORNEY OF INDEMNITY COMPANY OF CALIFORNIA 1 e AND DEVELOPERS INSURANCE COMPANY No 105210 P.O.BOX 19725,IRVINE,CA 92623•(949)2633300 NOTICE: 1. All power and authority herein granted shad in any event terminate on the 31 at day of March,2002. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue ink and this notice Is in blue ink. 4. This Power of Attorney should not be returned to the Attorney(s)-in-Fact,but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally, but not jointly,hereby make,constitute and appoint *** Michael J. Brown, Dan P. 'golf, Gregory M. Pribyl, Melissa Current, jointly or severally* the true and lawful Attorneys)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts of suretyship in an amount not exceeding Tan Million Dollars($10,000,000)in any single undertaking;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 each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation;and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Hoard of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporations be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations 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,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective Presidents and attested by their respective Secretaries this 3rd day of December,1999. INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY By By Arly CrowellCrowell pQ resident �MPANy ofi sident 1H�URgh ,fq��� �2SQa�o�,t�fi OCT.S �4 ® ATTEST 6 gGfw1AR.27t� w 1967 y 1979v LIFOR� d ..�_ W� t+� LIFQK By * By 1,4w # Walter Crow 1 Walter Crowell Secretary Secretary STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On December 3,1999,before me,Caroline A.Hrycyk,personally appeared Harry Crowell and Walter Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose names)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the'instrument. WITNESS my hand nd official seal. r J CAROLINE A.HRYCYK Signature tom"^` _ L� COMM.N 1237813 Notary Public - California ORANGE COUNTY My Comm,Expires OCT 12,2003 CERTIFICATE The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,this i LtLday of k INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY �apr PAM y 0 � \N5U RAN ` �r'QP�QAi`���r �tieoo¢pQgy���,o Y —24t�– 2 OCT 5 B a B William T Sherer 1967 0 2) Y William T.Sharer `� 1979 7 Senior Vice President �� �r41FOP, S� Senior Vice President y� c'rtIFQa''`� # s ID-314(REV.12!99) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT r , State of OPTIONAL SECTION County of�+ / / /�,%)/ CAPACITY CLAIMED BY SIGNER On ' before me, ' / /Y �ll i l Though statute does not require the Notary to fill ATE / ��II �/ NAME,TITLE OFF OFFICE E G,"JANE DOE,NOTARY PUBLIC" In the data below,doing so may prove invaluable personally appeared �.e"4z; (-7 t/ L �l r to persons retying on the document. NAME(S)OFSIGNER(S) RIVIDUAL personally known to me-OR-/V_Provided to me on the basis of satisfactory evidence to W CORPORATE OFFICER{S} be the person(s)whose name(s)islare TITLE(S) subscribed to the within instrument and acknowledged to me that he/she/they executed PARTNER(S) = LIMITER the same in his/her/their authorized = GENERAL capacity(ics),and that by his/her/their ATTORNEY-IN'-FACT .. KRISTIN THERRE signature(s)on the instrument the person(s)or TRUSTEE(S) y� Comm,s��185504 the entity upon be of which the persan(s) � GUARDIAN/CONSERVATOR acted,execute t e instrument. IMOTAg1'PUBLIC-CALIFORNIA � � � OTHER: Contra Ctat1 County "'NES S m 3 and o seal, May 31,2002 , SIGNER IS REPRESENTING: '� l y. 1 I NAME OF PERSON(S)OR ENTITY(IES)l SIGNATURE OF N TARY 0 acknowledged to me that such cotporatioexecuted the within instrument pursuant to its Board of Directors. OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHER Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data is not required by taw,it may prove valuable Rate of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form ItSTRUCTIM TO h!O TARY 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. EOR 4LL ST N -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. SIGNATUR S 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 PART S-Signing party must be either a general partner or be authorized in writing to have the authority to sign or and bin a partnership. IV. 5IGNAI=S ZOR Documents should a signed by two 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 2. aThe Secretary b An Assistant Secretary c The Chief Financial Officer Id 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 df Rcv January 13,2000 Recorded at the request of. Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Carder on September 26, 2000 by the following vote: AYES: SUPERVISORS CIOIA, GMER, AND CANCIAMILLAo NOES: SUPERVISOR UILKEMA ABSENT: SUPERVISOR DESAULNIER ABSTAIN: NONE RESOLUTION NO.: 20000461 SUBJECT: Approving Deferred Improvement Agreement along Oakvale Road for Subdivision MS 50-91 (APN 175-120-013), Walnut Creek area. The Public Works Director has recommended that he be authorized to execute a Deferred Improvement Agreement with Trilogy Homes, a corporation, as required by the Conditions of Approval for Subdivision MS 50-91. This agreement would permit the deferment of construction of permanent improvements along Oakvale Road which is located in the Walnut Creek area. IT IS BY THE BOARD ORDERED that the recommendation of the Public Works Director is APPROVED. 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. :\Gr ATTESTED: G:\GrpData\EngSvc\BO\2000\BO 9-26-40.doc SEPTEMBER 26, 2000 Rey,May 26,1999 PHIL BATCHELOR, Clerk of the Board of Supervisors and Originator:Public Works(ES) County Administrator Contact: Rich Lierly(3133-23 8 cc: Recorder(via T d then PW Records Trilogy Homes,10 Valley Drive,Orinda,CA 94563 By Deputy RESOLU'T'ION NO;. : 2000/461 ! f � Jr Recorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division Records Section Area: Walnut Creek Road: Oakvale Road Co.Road No:3755A Project: MS 50-41 APN: 175-120-013 DEFERRED IMP ROVEMENT AGREEMENT (Project: MS 50-91) THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: CONTRA COSTA COUNTY OWNER,: (See note below) Maurice M. Shiu, Public Works Director Trilogy Homes, a corporation By: C3ijnuure) Bradley J. is, President RECOMMENDED FOR APPROVAL: By: Engi Bring Services Division 1 ,FORM APPROVED: Victor J. Westman,County Counsel (NOTE: This document is to be acknowledged with signatures as they appear on deed of title. If Owner is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) (see attached notary) 1. ARS' S. Effective on SE ER 26, 2000 ,the County of Contra Cosu,hereinafter referred to as "County"and Trilogy Homes,a corporation,hereinafter referred to as"Owner"mutually agree and promise as follows: 1 PURPOSE. Owner desires to develop the property described in Exhibit"A"attached hereto and wishes to defer construction of permanent improvements,and County agrees to such deferment if Owner constructs improvements as herein promised. 3. AGREEMENT BINDING ON SUCCESSORS IN INTEREST. This agreement is an instrument affecting the title or possession of the real property described in Exhibit"A." All the terms,covenants and conditions herein imposed are for the benefit of County and the real property or interest therein which constitutes the County road and highway system and shall be binding upon and inure to the benefit of the land described in Exhibit"A" and the successors in interest of Owner. Upon sale or division of the property described in Exhibit"A",the terms of this agreement shall apply separately to each parcel,and the owner of each parcel shall succeed to the obligations imposed on Owner by this agreement. Upon annexation to any city,Owner, 'hose who succeed him as owner of the property described in Exhibit"A,"shall fulfill all the terms of this agreement upon demand by such city as igh Owner had contract with such city originally. Any annexing city shall have all rights of a third party beneficiary. Minor Subdivision 50-91 EXHIBIT "A" All that real property situated in the County of Contra Costa, State of California, described as follows: All of Parcels A, B, and C as shown on the parcel map of Subdivision MS 5091 on file at the County Recorder's Office as follows: Date: Book: Page: JAFi:kvr G:1GrpDau\EngSveUorge'.2000L4iarch,M s509I AG 12.doc U-v"Augutt 90,1999 (ir� CALIFORNIA ALL-PURPOSE ACIOh'OWLEDOEMEN T State of Cn w;S OPTIONAL SECTION Counry of CAPACITY CLAIMED BY SIGNER On L' before me,6 t t, A,--,p N=S `t Though statute does not require the Notary to illi ATE NANO TtTttS t}F OFFICER E 0,-JANE DOE.NOTARY PUBLIC- personally UBLIC let the data below,doing SO may prove invaluable � i —�- to persons relying on the document. personally appeared ....,_.�,�-^;�� Aitets)OF SIONER(S) C INDIVIDUAL IX personally known to tree-OR-C provided to me on the bas's of satisfactory evidence to , ' CORPORATE OFFIER(S} be the person(s)whose name(s)is/are — �'rt TITLE(h) subscribed to the within instrument and OVAC ANN AND acknowledged to me that he/she/they executed PARTNER(S) G LIMITED C.c fwnkd 'f 6 11916M the same in his/her/their authorized C GENERAL RftiilG- eapacity(ies),and that by his/lter/their ❑ ATTORNEY-IN-FACT on the instrument the person(s)or sakre CW* the entity upon behalf of which the person(s) Z TRUSTEE(S) MyCotrtm. ,tealut�Jl,2t acted,executed the it. GUARDIAN/CONSERVATOR OTHER: 14WIT14ESS my,hand#lhd oi'cial seal, SIGNER IS REPRESENTING: f i NASM OF PERSON(S)OR ENrrt f(IES)1 NOTARY �...� 0 acknowledged to me that such corporation executed the within instrument pursuant to its Board of Directors. •1 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 Signers)Other Than Named Above re-attachment of this form INSTRUCTION'S TQ NOT RAY 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. 1. FOR 4LL SIQ -The name and interest of the signer should be typed or printed BEaAla the signature. The name must be signed exactly as it is typed or printed. II. -The name must be signed exactly as it is printed or typed, The signer's interest in the property must be Stated. III. SlGX41L=SFORPA4D9RSH S-Signing parry must be either a general partner or be authorized in writing to have the authority to sign for and binde partnership. IV. Documents should signed y two officers,one from each of the following two groups: GROUP 1. The Chair of the Board The President c Any Vice-President GROUP 2. a The Secretary An Assistant Secretarye 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 ill power of attorney,notarized,ws ice. Notarization of only one corporate signature or signatures from only one group,must contain the fallowing 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." 1c:MW df Itev.Jwuwy u,zaoo Minor Subdivision 50-91 EXHEBIT "B" IMPROVEMENTS Improvements required by Contra Costa County Community Development Department and the County Ordinance Code as a condition of approval for the above-referenced development are located along Oakvale Road for Parcels A,B, and C, described in Exhibit"A": I- Construct approximately 148.8 linear meters(±488 linear feet)of curb, face of curb located 4.88 meters (±16 feet) from centerline of the road. 2. Construct approximately 148.8 linear meters(±488 linear feet) of 1.4 meter(4-foot 6-inch) sidewalk, width measured from curb face,built monolithic with the curb. 3. Construct approximately 181.5 square meters (±1952 square feet) of street paving to pave between the existing pavement and the lip of gutter. 4. Construct a half-width cul-de-sac,45 feet in radius, at the end of Oakvale Road. 5. Construct necessary longitudinal and transverse drainage. 6. Construct temporary conforms for paving and drainage as may be necessary at the time of construction. 7. Submit improvement plans to the Public Works Department,Engineering Services Division, for review, and pay the inspection and plan review fees. CONSTRUCTION Any necessary relocation of utility facilities shall be the responsibility of the owner or his agent. The construction of the above-deferred improvements shall begin as outlined in Item 4B of the agreement or when either of the following occurs: 1. Oakvale Road is constructed to its ultimate planned width by the County or by an assessment district. 2. Frontage improvements are constructed adjacent to the subject property. It is the intent at this time that the"pro rata basis" of costs,as specified in Item 4B of the agreement, shall mean that the owners of each parcel shall pay one-third of the costs. JAH:kw 0:�GrpD&ts\EngSveVow\2000\March\MS$09 I AG 12 Aoc FER-02•-2000 02t49 PH $. J. LZWI6 7037 644 ie�77T Ar bl1t7lI9a9 ��i3� 7�t72s5�7I0 G.C. VANCaLI PAGE 01 or D111ICTOR as the tucarporatc►r of TRXLOGY 80935, ZOIC. , a CalitOtn" corporation, X hereby appoint VRADLZY J. LX'18 as the solo X hereby resign as the incorporator of TRIUM HOMES# INC. Cater April. 14, 1999 01 0BULD C. LI FES-131-260& 02 :ze PM D. J. r EWIS 707 644 8777 P � .ft4J14-°,1StjA .�9!"fs 36 70721555710 6 ¢ aa�ero�exss �tsroLvsla�r �r�zaaY rokas, z�ra , Gerald C. vanoli having resigned as the incorporator and appointed his successor as the role Viractar l MMLBY J. LS"WIf. As the rule Director, Mr. Lewis has designated himself as president and Graceann Anderson as Secretary of this corporation, effective April 14, 1999. u IT nuSY X35OLVEDI That SRADLZY J. LEWIS, as president of TrileHermes, Inc. is hereby authorized to sign al loan. documents and contracts an behalf of this corporation. Dated: April 14, 1999 lmj�2 LRY Preside d Sols Director of TRILOGY HO S, TNC. I, OWRANW ANDLRSON, the Secretary of Trilogy Homers Inc. , hereby certify that this resolution was passed by the Board of Directors of Trilogy Nauss, Inc, an April 14, 1999. Dated: -April 15, 1999 GUCRANN ANOMSOIN, Secretary TO': BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, CHIEF ENGINEER DATE: SEPTEMBER 26, 2000 SUBJECT: APPROVE AMENDMENT NUMBER 1 TO THE CONSULTING SERVICES AGREEMENT WITH HARRIS AND ASSOCIATES, INC. FOR THE MARSH CREEK CHANNEL IMPROVEMENTS PROJECT, BRENTWOOD AREA. PROJECT NO. 7590-6D8466-00 peri Ic equest(s)or Recommendation(s)a Bac group us i ica ion 1. Recommended Action: APPROVE and AUTHORIZE the Chief Engineer to execute Amendment Number 1 to the Consulting Services Agreement with Harris and Associates, Inc. for the Marsh Creek Channel Repair Project. II. Financiallmpact: There will be no impact on the County General Fund. The $51,500.00 increase for this contract amendment shall be paid for by a City of Brentwood Loan (100%) to be repaid by drainage fees collected on new development from Drainage Areas 104, 105, 106, 107, and 8. Continued on attachment: X yes SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON: s 2000 APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS X UNANIMOUS (ABSENTNonp ) AYES: _ _ NOES: I hereby certify that this is a true and correct copy of an ABSENT: ABSTAIN: action taken and entered on the minutes of the Board of Supervisors on the date shown. Contact: Mike Carlson, (925)313-2321 Orig. Div.: PW(Constr) ATTESTED: SEEIEMER 26; 2000 cc: County Administrator PHIL BATCHELOR, Clerk of the Board of Supervisors and Auditor-Controller County Administrator Public Works - Accounting, R. Gilchrist - Construction, R. Bruno By , Deputy - Design toe Contractor KJ:kj g:\grpdata\const\bo12000\09-september126-mccr-csa-h&samend 1.doc y Board Date: September 26,2000 Subject: APPROVE Amendment No. 1 to the Consulting Services Agreement with Harris and Associates, Inc. for the Marsh Creek Channel Improvements Project, Project No. 7590-6D6466-00 Page: 2 of 2 111. Reasons for Recommendations and Background: The Board of Supervisors on June 6, 2000 authorized the Chief Engineer to execute a Consulting Services Agreement in the amount of $40,000.00 with Harris & Associates, Inc. to provide construction engineering support for the Marsh Creek Channel Improvements Project. It has been mutually determined that additional support in the estimated amount of$51, 500.00 is required in order to complete the project. This amendment to the original Agreement brings the contract total to $91,500.00. IV. Conseguences of Negative Action: If this Amendment is not approved, another means of completing the construction engineering activities would need to be identified. TO: BOARD OF SUPERVISORS,AS THE GOVERNING BOARD OF CONTRA COSTA COUNTY 'FLOOD CONTROL AND WATER CONSERVATION DISTRICT FROM: MAURICE SHIU, CHIEF ENGINEER DATE: September 26, 2000 SUBJECT: Consulting Services Agreement with Milton Kubicek for engineering services to the Flood Control District,District-Wide SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE and AUTHORIZE the Chief Engineer to execute a Consulting Services Agreement with Milton Kubicek in the amount of$50,000 to provide engineering services for the Flood Control District through June 30, 2001. II. Financiallmpact: There will be no impact to the County General Fund. This consulting services agreement will be paid by various flood control zone and drainage area projects, District-wide. r Continued on Attachment:_2L_ SIGNATURE: RECOMMENDATION OF BOARD COMMITTEE _APPROVE ®OTHER SIGNATURE (S): ACTION OF BOARD ON SIPMER 29, APPROVED AS RECOMMENDED OTHER 2000 I hereby certify that this is a true and correct VIE OF SUPERVISORS Copy of an action taken and entered on the minutes of UNANIMOUS{ABSENT NONE ) the Board of Supervisors on the AYES: NOES: ABSENT: ABSTAIN: date shown. G:\GrpData\F1dCtl\Adrttinistration\Board Orders\BO 1-4 CSA.doe Orig.Div: public works Float Control ATTESTED: SEPTEMBER 26, 2000 Contact: D.Eckerson(3132271) Auditorlon,Ad nin.Guice—E.Knevor PHIL BATCHELOR, Clerk of the Board R.M.Avalon,Adrnin. M Gilchrist,Accounting of Supervisors and County Administrator M.Kubicek ByC�rzt"--' t'Deputy SUBJECT: Consulting Services Agreement with Milton Kubicek for engineering services to the Flood Control District,District-Wide DAVE. September 26, 2000 PAGE 2 III. Reasons for Recommends ions and Background: In April 1999, the Flood Control District entered into a Consulting Services Agreement with Milton Kubicek for engineering services on various projects. Since this time,Mr. Kubicek has provided a unique service to the District under this agreement. His work has included conceptual planning and design of drainage systems, preparation of drawings and engineering reports, providing historical knowledge and background information to staff on District drainage issues, and attending meetings as necessary. Under the direction of flood control planning division head, Mr. Kubicek maintains core hours to facilitate interaction with District staff and submits weekly reports documenting time spent and progress made. His services have been particularly beneficial in coping with the recent staffing shortage in the Public Works Department. As a long time past employee of the County, Mr. Kubicek has excellent experience in the area of flood control planning and design. In addition, he is intimately aware of our policies and procedures and understands the goals and objectives of the Flood Control District. Mr. Kubicek's knowledge and experience allows him to provide a service to the District that no other consultant could provide. In addition,Mr. Kubicek meets the requirements of the County's Small Business Enterprise (SBE)program and is certified through June 30, 2003. A review of Mr. Kubicek's services over the past eighteen months indicates he has provided excellent service to the District. He has independently prepared several drainage studies and engineering reports, and has assisted staff on numerous assignments,helping the District meet its goals and objectives. Mr.Kubicek is currently involved in several critical projects, and his continued work is necessary to meet our deadlines. Based on Mr. Kubicek's excellent services provided to date, and his current involvement on several key projects, the District strongly recommends executing this contract through June 30, 2001. IV. Consequences of Negative Action: If this Board Order is not approved, the current consulting services agreement will expire upon reaching the payment limit next month and various projects will not be completed.