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HomeMy WebLinkAboutMINUTES - 08132002 - C22 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 13, 2002, by the fallowing vote: AYES: SUPERVISORS GERBER, UILKEMA, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/486 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision'7410,being developed by Old Oak Land Company, L.L.C.,Pleasant Mill area.(District II) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 7410, property located in the Pleasant Hill area, Supervisorial District II, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Old Oak Land Company, L.L.C.,principal,whereby said principal 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: I hereby certify that this is a true and correct copy of an action JRcW taken and entered on the minutes of the Board of Supervisors on G:�GrpData\EngSvc\BO\2002\8-13-021SI,B 7410 BO-2Ldoc the date shown. Originator:Public Works(ES) Contact: Rich Lierly(313-2348) ATTESTED: AUGUST 13, 2002 cc: Public Works-T.Belt,Construction JOHN SWEETEN,Clerk of the Board of Supervisors and County Current Planning Community Development Administrator T—6-13-03 Oki Oak Land Company,L.L.C. 2717 N.Main Street,Suite#6 Walnut Creek,CA 94597 ATT:Jim Wood By Z6 s Deputy Developers Surety and Indemnity Company :7780 Fitch,Suite#200 Irvine,CA 92623 ATT.Dan P.Wolf Andrew&Agnes Ariey 1991 Relies Valley Road Lafayette,CA 94549 RESOLUTION NO.2002/ 486 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7410, being developed by Old Oak Land Company,L.L.C., Pleasant Hill area. (District 11) DATE: August 13, 2002 PAGE 2 A. Cash Bond Performance amount: $2,921.00 Auditor's Deposit Permit No. 390395 Date: July 25, 2002 Submitted by: R&J Construction,Inc. for Old Oak Land Company,L.Z.C. Tax ID Number: 77-0526347 B. Surety Bond Bond Company: Developers Surety and Indemnity Company Bond Number: 8680975 Date: June 26, 2002 Performance Amount: 289,179.00 Labor&Materials Amount: 146,050.00 Principal Old Oak.Land Company, L.L.C. 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 2001-2002 tax lien has been paid in full and the 2002-2003 tax lien,which became a lien on the first day of January, 2002, is estimated to be $2,500.00, with security guaranteeing payment of said tax lien as follows: + Tax Surety Assessors Deposit Permit Number: 390225 Date: July 23, 2002 Amount: $2,500.00 Submitted by: Old Oak Land Company, L.L.C. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department, RESOLUTION NO. 2002/486 gZ Z(�}dC lip R r cr c r m ns f "mom � �+ r�+ _ g �^ � N A 74 W.{F Y+�e4.�� un Ail > � c mir $ s? � c5��+ het elk Q oft Atl tit j 5}j >� S ' _ -j ill PxS wtlA N 4 OV,; us ' P env ��Air- lima lei � P $ r Ln Pym 1(�w, ZP ,{:sy -s yr^jiy�' 'T Tat ....yyy fir: 4 $ h LZ C"}p m c7 itS,4•',i'1y� Q� 11' tPf ck'53 � !, OIA l t �� ��i n' �tt "� •1 S � ,n ttit 1 x P S w0 C 2'+ ZO Im x ,w rll ,, g; 8ti UA �se Im all An jigi ,J!'A xr +woo TAYLOR to i�g w 40k w t-I fin"" c7 ell? r~ $ ¢¢ h ng � � � C: 'gi} chi r�[(T+yc"S taw 'c3 t Cyt Y3:' $^� y[�n[c G "s { g� •"� "A� i � ��ri� y� 'i+ i � C1�t+�� K� � },'�,��. p5�r"�i � i <R 5 � �' �08?4 �„ t sit AT r! c� I Oil m 1 0.4 r _ �N A Z" ro VS a 5s1 lab tJ t +'e a N11- 9aQ�a '.+�'."���` � 5j` ,°�/' �X� �(`i^ �'�+if`� ✓ Lw es� � � ,..% � � �� r�7 �.a� .�a t? t'tr, � i.n .y r$l�Y� � °y ",� t `�j $`r��`�`\�4 �Z"''�'�,� �' U �`� i t�''✓ s,�.> �`din ^*`•'��iS', t� t l � w t!+•�' Ld+. t�*�?�'t0• A�' t�,(�!<' �'� ��i�' ri x D a N ��'�°�. � �` �•. o� p' / � m �' t�CS T2'/ ?�• g'L, �4 ANO 's f�i a� , ?'h tom„.. 4�ds'A4 ,s '�iay' t?i ;�•y o 4, —� �, 3 1/0 Ix � t y f �' 'Pa"y`` '''•� '+Ex' f \ Lir.... �'°A�`' .' ''' �+�'\ '.� �yF �4�+� �s �i;,� f. fir..; � rte, '� �' •v W m '� C,�a C� � `"0 tQ3•jz I "'Kij,�s '\ �� `�h`�'+n �••J,,,. ��.5.'0"c"'.1'`,f\ `', J •,�•las" ` 6 ( cfw lk �' a �..�� tom:��', U � �► 2 � ��r g„kn� .� ,,, 8 a y� �►.' Ga' � r7 2��t s:�53a cry :rl" AIN w 4 ' ''i^sit rit F 5 Tn u1 � W cri zltl8'38�"M'n,M`Mr�M"'r+'r".� tt �••�.�',��' i r 4AtiLt -t eq a �s 14 � f ! ,dy v �rj f Y► }� _ A N,`? Pik lb 44 rt r A IE �C C /jo I° 1 FV s� OW i,£FF 5� to xb N s cft AS,I Mme ® SSM �7 a y�by1Ts ..e«.��f n:n 1 cmax# t Yv u�7 o µ } •�ic v pAV a7 .'� i JOG* v iz 3v Ny, y S 0 v ��rt �, _� �t�• S � Q7 A, VtltZ cc \ N y� � `j �+gt �p�Q gyp} (�Y't+7 W •A �..'.'�� �4p �j �C �'}��'�� ��' 'M� SUBDMSION AGREEMENT (Government Code§66462 and§66463) Subdivision: 7410 Principal: O tak I aad C"=QanAZ s LLC Effective Date: Completion Periods 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA CO UN I'Y PRINCIPAL Maurice M.Shiu,Public Works Directo �.t,vti s BY= AAAAA, (PrW t w,>C& REC MMENDED FOR.APPROVAL Wood,�1ocx3., i~� irxr--r BY— "~._--fQneering Servt�ese�ision (Print ram&cele) FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged. If Principal is incorporated, signatures must conforms with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Coin and the above-mentioned Principal,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Principal 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 Coma Costa County Ordinance Code (including future amendments thereto). Principal 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§§66410 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 shalt govern. 3. Z4FROVE-N!ENT SECCMTY. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. For Perfom anc_e a�td_Guarantee: S 2921,00 cash,plus additional security,in the amount:S 289,179 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,Principal 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 Pavmenc Security in the amount:$146,050 which is fifty percent(5(r )of the estimated cost ofthe 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,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing Iabor or materials to them or to Principal.Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securities may be reduced in accordance with§944.406 and§94-4.408 of the Ordinance Code. 4. MLTA&ANTEE AND WARRAN"T"Y OF WORK. Principal 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. Principal agrees to correct,repair,or replace,at Principal's 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 ESTABLISHM 47 WORK. Principal 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 WARRANTY, Principal 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 hoard of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes necessary to the plans to accomplish the work as promised. 7. NQ WAfVER 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 Principal of the obligation to fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof: 8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. 'The indemnities benefited and protected by this promise are County and County's special district,elective and appointive boards, commissions,officers,agents and employees. B. The iabil'ti s 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 anytime before 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 I ability are any act or omission(negligent or non-negligent) in connection with the matters covered by this Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of these; 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. COT : Principal shall pay when due,all the costs of the work, including inspections thereof and relocation of existing utilities required thereby. 10. SURVEYS. Principal 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. I I. NON-PERFORMANCE AND COSTS: If Principal fails to complete the work within the time specified in this agreement, andsubsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Principal hereby consents to entry on the subdivision property by Countyand County forces,including contractors,in the event County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work, Principal agrees to pay all costs incurred by County,even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work. 12. INQORPORATION/AN'v`EXATION. 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,except as provided in this paragraph,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 Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8 (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel snap for said subdivision. RLJI IW GAGrpDM&\a1SvcT-om*\AG woRMAG-30.&c Rev octaba 25,-.001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.59-07 State of CALIFORNIA County of CONTRA COSTA On JULY 23,2002 before me, A J BOOTH NUABY kMTC , DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC' personally appeared JIM WOOD NAMES)OF SIGNER(S) personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), A.J. BOOTH or the entity upon behalf of which the coma.0) NOTARY PUBUC-CAUFORw person(s) acted, executed the instrument. CONTRA t:OsrA COU lir�s 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 0 INDIVIDUAL CORPORATE OFFICER SUBDIVISION AGREEMENT TITLE OR TYPE OF DOCUMENT TITLE($) PARTNER(S) d LIMITED a GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)Ofi ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Sox 7184•Canoga Park,CA 91309-7184 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER x3 TO THE TREASURER: MARTINEZ CALIFORNIA RECEIVED FROM ORGANIZATION NUMBERt. ' , ti_r� (Clrganimtian) -- (Far Cosh Collection Procedures see County Adm'inistrator's Bulletin 105.) DESCRIPTION FUNDJORG ACCT. TASK OPTION ACTIVITY AMOUNT g.r ell y. "i' x i K 1' "r"2.`" -."" r "'� .' ff x i r" J s i N 1,3 F �.+ _ of �� # �� ...,.' L Ja y a '-' t,� r tw'':ln�.f r`�. ;S..s�" o t° # (-�...�' }.+ ? i + .�.* �' *' t,i, ..,�./ .'` i' SL',4:�'.,•d �;mob:+."`' -...�`..+" � #"�+„�,/ d # # # I 1 # I # I I E # t # # # al 1 EXPLANATION' TOTAL _ DEPOSIT Deposit Consists of the folloWin�items � COIN and CURRENCY $ / a G 3' cttecKS,M a,ETC. $ s BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBiaty DATE r t ASSIGNED t The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury acknowledged. Ji_ Sinned Date__1 t f� f Signed: , Signed: z y. Ti#Ie.. , u° EXT :s Deputy Cou+#y itar # Deputy County Treasurer 0.34 REV.(7-43) " Subdivision: SD-741.0 Bond No.., '8680975 $5,205.00 premium is for a term of 2 years IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECrrAL OF SUBDIVISION AGREEMENT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision sh-741t} .as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. OBIjgAT'ION: Old utak Land omDgnv LL0 as principal and Developers surety and Indemnity Company . a corporation organized and existing under the laws of the State of Iowa and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. performance and Guarantee: Two Hundred Eighty Nine Th2usand-_ane hundred Sgventy-* Dollars ($ 289,179.00 ) for Centra Costa County or any city assignee under the above County Subdivision Agreement. B. payment: One Hundred Forty Six ThousandFifty and N0110077--------------Dollars ($146,050.00 )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. CO�rDMION: A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal, or principal's heirs,executors,administrators, successors or assigns,shall in all things stand to and abide by and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided, on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their 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 reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. *Nine and N0/100 B. The condition of this obligation, as to Section (2.B.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all contractors,subcontractors, laborers,material men and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also, incase suit is brought upon this bond,will pay, in addition to the fact amount thereof,reasonable costs, expenses and fees, including reasonable attorney's fees, incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section. 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under conditions of this bond be fully performed,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee)shall relieve the surety from liability on this bond,and consent is hereby given to make such alteration without further notice to or consent by the surety; and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against t the principal whenever taken. SIGNED AND SEALED on June 26,2002 PRINCIPAL: Old- Oak Land CoMpany, LLC SURETY: Developers SUIZe ,'y and Indemnity, Company Address: 17 North Main Street. St 6 Address: 17780, Pitch, Suite 200 City: Wal�ut//reek Zip: 94596 City: Irvine Zip: 92623 Print Nadine: 16!!QjPrint Name: Dan P. Wolf Title: r7 ,-4A& 2 Title: Attorney-in-Fact ID:mw:lap GAGrpDat&Wn&Svc\FomulBN WORD\BN-12.doc Rev.November 26,2000 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623•(949)263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each severally,but not jointly,hereby make,constitute and appoint: *** Wesley W. Cowling, Dan P. Wolf, Gregory M. Pribyl, Melissa Current, jointly or severally* as 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 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 Attorneys)-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 DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November I,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby Is,authorized to execute Powers of Attorney,qualifying the attorney(s) 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,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8a°day of November,2000. AND David H.Rhodes,Executive Vice President �.`�J�.a PORgI OCT. c r OC'. 5 n 10s r,c 1936 .o= 1967 By.Walter A.Crowell, Secretary -'.-�Jy'•., l0tryp,..`ty3�,.� �' ��CIf pP�\��` STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On November 8,2000,before me,Diane J.Kawata,personally appeared David H.Rhodes and Waiter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument. WITNESS my hand and official seal. DIANE J.KAWATA COMM.#i 167M � Signature 1 "j COU � A 8 NTY My Comm.Exp.Jan.8,2042 CERTIFICATE The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the 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,the 26 th day of June _ 2002 By David G.Lane,Chief Operating Officer ID-1380(11/00) STATE OF California SS. COUNTY OF Contra Costa On June 26 2002 before me, Daniel David Livsey,Notary Public PERSONALLY APPEARED Dan P.Wolf r personally known to me (or proved to me on the basis of sa sac ory-evt2'l*en�tio the personW whose name( Ware- subscribed to the within instrument and acknowledged to me that he/she, executed the same in his/b&z44yer authorized capacity(ieO, and that by his/her it signature{} on the instrument the person, or the entity Upon behalf of which the person(o)acted, executed the instrument. 4 WITNESS my hand and official seal. 6 , x. ,,, F,0 !f �` 4 2'.O."4•��-•ri'tY-C a5.'n'.a'A"y`"'^g4B^W"p"v!"%.�� Signature This area for Official Notarial Seal Notary public / V 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 8680 7S TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 3 (� ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER:_-- _ —__`— _--_--- June 26,2002 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENrrrY(IES) Developers Surety and Indemnity Company —_—_ SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.9100) ALL-PURPOSE ACKNOWLEDGEMENT 0810.6102 CHICAGO$42 7410 Tax'Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 1017 P.0.Bax 631 ��` Joseph L.Martinez Martinez,California 94553- Costa Assistant Tax Collector 4063 (925)646-4122 Comb/ri lb/ Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor 1 Cate: 816/2002 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VMD. This will certify that I have examined the map of the proposed subdivision entitled: Tract l MS# City T.I .A. 7410 PLEASANT HILL 73032 Parcel#: 167-010-009-6 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 2001-2002 tax lien has been paid in full. Our estimate of the 2002-2003 tax lien, which became a lien on the first day of January, 2002 is $2,500.00 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. POLL.ACEK, Treasu r-Tax CQ'fie Of By: ' `. r ILUUNTY OF CONTRA COSTA (:-) DEPOSIT PERMIT M E OF COUNTY AUDITOR-CONTROLLER 'TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER r . - ycl (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG. SUB, TASK OPTION ACTIVITY AMOUNT ACCT. i i i i i a i t 1 I i 1 1 1 i 1 1 1 I 1 E i i i i i I i 1 { i E 1 EXPLANATION: € TOTAL $ ,, 1 _.. ti.s. a: Rt.- c c t ,m DEPOSIT Deposit consists of the following items COIN and CURRENCY $ i CHECKS,M.O.,ETC. $ QLD OAK LAND COMPANY,LLC BANK DEPOSITS $ ATTN: JIM WOOD FOR AUDITOR-CONTROLLER USE ONLY 2717 N. MAIN ST.#6 DEPOSIT PERMIT DP WALNUT CREEK CA, 94597 DATE ;.� ,�< ). .c A v` ASSIGNED The amount of money descried above is fo' Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury.. acknowledged Signed ' Date f fJr _i _ ~ SignedI Title., EXT. Deputy County Auditor Deputy County Treasurer D-34REV.{7-43) i ll``//'�'tt 1 k (�( �``(( 925-930-6709 Fax r J CONS 1 U I N INC LIC. #539313 GENERAL CONTRACTORS Jorge Hernandez Date July 31, 2002 Contra Costa County Public Works Department 255 Glacier Drive Martinez, CA 94553 - 4825 Re: Subdivision 897410 Mr. Hernandez 1 am writing to clarify the cash bond deposit for subdivision SD-7410. On July 24", 2002 1 submitted to the County a cashiers check in the amount of $2,921 for the cash Performance Bond. This check was drawn from an R & J Construction, Inc. account. R & J Construction, Inc. is a Member of Old Oak Land Company, LLC (Applicant). When the Bond is released, please issue the check to Old Oak Land Company, LLC. I apologize for any inconvenience this has caused. Si er�fy, ood President, R & J Construction Inc. Manager, Old Oak Land Company, LLC 2717 N. MAIN STREET, SUITE 6 WALNUT CREEK,CA 94596 (925) 930-7942" FAX(925) 930-6709