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HomeMy WebLinkAboutMINUTES - 08132002 - C27 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 13, 2002,by the following vote: AYES: SUPERVISORS GERBER, UILI.EIXA., DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/ 491 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8456,being developed by Pacific/Bowie-Tracy H,Byron area. (District HI) The following documents were presented for Board approval this date: 1. Map The final map of Subdivision 8456,property located in the Byron area,Supervisorial District III, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement ,with Pacific/Bowie-Tracy II, 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 taken and entered on the minutes of the Board of Supervisors on CL:cw G:1C,rpDatalEngSvc1}.3012002\8-I3-02\St�B 8456 BO-21.doc the date shown. Originator:Public Works(ES) Contact: Chris Lau(313-2293) ATTESTED: AUGUST 13, 2002 cc: Public Works-T.Bell,Construction JOHN SWEETEN,Clerk of the Board of Supervisors and County Current Planning,Community Development Administrator T—6-13-03 Pacific/Bowie-Tracy Il One Corporate Plaza,2nd Floor s Newport Beach,CA 92660 ATT:David Powell By .. ,Deputy American Motorists Insurance Company 7470 N. Figueroa Los Angeles,CA 90041 ATT:Patricia White RESOLUTION NO.2002/ 491 SUBJECT. Approval of the Final Map and Subdivision Agreement for Subdivision 8456, being developed by Pacific/Bowie-Tracy II, Byron area. (District III) DATE: August 13, 2002 PAGE 2 A. Cash Bond Performance amount: $9,200.00 Auditor's Deposit Permit No. 387224 Date: May 30, 2002 Submitted by: Pacific/Bowie-Tracy II Tax. ID Number: 33-0739602 B. Surety Bond Bond Company: American Motorists Insurance Company bond Number: 3SM04670400 Date: May 22, 2002 Performance Amount $910,503.00 Labor&Materials Amount: $459,850.00 Principal: Pacific/Bowie-Tracy II Ill. 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 fall and the 2002-2003 tax lien,which became a lien on the first day of January, 2002, is estimated to be $39,200.00, with security guaranteeing payment of said tax lien as follows: * Tax Surety Bond Company: American Motorists Insurance Company Bond Number. '3SM04654100 Date: May 9, 2002 Amount: $39,200.00 Principal: Pacific/Bowie-Tracy II 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. 2002/491 SUBDIVISION AGREEMENT (GovetmnentCode§66462 and§65463) Subdivision: 5456 Principal: Pacific/Bogie--Tracy II Effective Bates Completion Period: 1 year THESE SIGNATURES ATTEST TO TIME PARTIES'AGREEMENT HERETO: ==mm maffy ERDLC2AL Pa►cifie/Bowia—Tracy Il Maurice M.Shiu,Public Works Director By. tsiari trot_ r% f M (Print tuum&title) } RECOM UNDO I+�3�ME l� �lttJvt�w.iidt..J 4 Qir'Ikt�'s' w { ngineering Serve ivist n (Print mm&two) DORM Al'PRt3VEL) Victor J.`iiVestm an,county counsel (NOTE- All signatures to be acknowledged. If Principal is incorporated, signatures must conftmn with the designated representative groups pursuant to Corporations Code§313.) 1. EA=S&DA` . Effective on the above date,the County ofContra Costa,California,hereinafter called"minty'and the above-mentioned ale"mutually promise and agree as follows concerning this subdivision: 2. R=QYJ( MEM. 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 Contra 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 ofthe County Ordinance Code and rulings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Cone,the stricter requirements shall govern. 3. RQ-)TA- t Upon executing this agreement,Principal shall, pursuant to Governrnetzt Code§66499 and the County Ordinance:Code,provide as security to the County: A. W pgdQMMCC MW =arartt .. S 9,200.00 cash,plus additional security,in the amount$ 9_10-.30-3-00-- 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. Par Pg ent: Security in the amount:$ 459,850.00 which is fifty percent(50°l0)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 band. Acceptable irrevocable letter of credit. With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor 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§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE NE ND WARRANTY dlx L'VC3 ti'. 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 atter 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 ESTABLISHMENT 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. W_ ROVEM- ENT PLANAMAM. 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 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,Principal shall make whatever changes necessary to the plans to accomplish the work as promised. ?. NO WAIyER,BY Cd=. Inspection of the work and/or materials,or approval ofwork and/or materials or statement byany 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 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. IND MNITY: 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 1' b'itiprotected 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 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 Principal,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. COSTS: Principal shall pay when due,all the costs of the work,including inspections thereof and relocation of existing utilities required thereby. 10. SVRVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NQF-PERFORMANCE AND COSTS: If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay alt 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 County and 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 attorneys fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work. 12. INCORPORATIONIANNEXA'1 ION. 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 parry 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 (Indernenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RM RD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. RGJD:kd GAftDatalEngSvelPonWAG wORD1AG30.doc Rev. October 25,2001 ....................... _............................................................-.. _..._.............._........_.................................-......................................---...- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT h State of California ss. County of Orange r.� On May 23 , 2002 , before me, Julie Ann: Edmiston , 3y Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Arn K Youngman � d� Name(s)of Signers) Lk personally known to me ❑ 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 JULIE ANN EDMiST'CYN acknowledged to me that he/she/they executed Commission 01247016 the same in his/her/their authorized Notary Public-C81ftrnia r Orange County capaci#y(ies): and that by his/her/their d� MyComm.E DOC25,2Ct13 signature(s)on the instrument the persons), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, if may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. r al Description of Attached Document Title or Type of Document: Subdivision Agreement Document Date: Number of Pages: Signer(s) Other Than Named Above: NSA Capacity(ies) Claimed by Signer Signer's Name: Arn K. Youngman Individual Top of thumb here ❑' Corporate Officer—Title(s): X Partner—❑ Limited X General ❑ Attorney in Fact ❑ Trustee r) ❑ Guardian or Conservator ❑ Other: Signer Is Representing: r� ®1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 www.natlonanotary.crg Prod.No.6907 Reorder:Calf Toll-Free 1-800-078-8827 COUNTY OF CONTRA COSTA DEPOSIT PERMIT +OFFICE OF COUNTY AUDITOR-CONTROLLER < L TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER t - I DR' (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORd. SUK ACCTTASK OPTION ACTIVITY AMOUNT _. $Poll t v' /f 4 4 7 t'�; l A ✓` Lam . t F' �I �y ...' `"! - !'I'�lr',,.';g t�" 1;� ' ,.., ';: i r, „31 t° d1,�' 1 -0✓ 10 "'A !'E -T-" P /�i�f :,./L� f ()J/ }'' !V d✓ 7 f (�A k �1 �,''p t.V AJ{ E✓t G >,.f-S t J. W }'j% V I IL I I 1 -1 1 A-1 -1 L- L, A tr,.✓!C f 14.` x` i.+'F ?'.,/t: *✓j }4.f 3 I I 3 J EXPLANATION: ,:, TOTAL $ I ; / ", 'v% �? r DEPOSIT t� � 3+ ' >l- r A}t Deposit consists of the following it ms Fil Svc {'% �,� t� i 61t � r � � COIN and CURRENCY $ ., CHECKS,M.O.,ETC. $ ' r `1 BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY f sa 1�o a 'r {l 3 '(_1101�9 V oma}�r DEPOSIT ^'1 r.'," C' PERMIT d NUMBER "#224 31 X02 DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit mtothe County T3ury acknowledged. Signe 44L— -k I Signed " Signed* ° Tide 1! ; EXT. i- r. Depufy County Au I Deputy County Treasurer D-34 REV.(7-03) 6,51 zTCiI An,/ f D/)R-5fik1` , �f l �✓�� 2r t 3 --t �•..-ti. t d�st I"""' 000649-9665 ! 831000: 61093372, Pacific/Bowie-Tracy II, PO Box 3060, Newport Beach, CA 92658 $23,643.00, SUB 8456 Improvement Inspection $ 7,400.00, SUB 8456 Pian Check 2,000.00,k SUB 3456 Map Check _ X1093370, 200.00, SUB 8456 Performance Cash Bond, Pacif i'c/Bowii-Tracy II, PO Box 3060, Newport Beach, CA 92658 Subdivision:SANDY.-.COVE,<SHOPPINC .,CENTEt Bond No.: 3 SMp 4 6 7 0 4 0 0 PREMIUM $13,658. 00 FIRST TERM FULLY EARNED IMPROVEWNT SECURITY BOND FOR SUBDMSION AGREEMENT (Performance,Guarantee and Payment) (California Government Code §§ 66499-66499.10) I• R, WEAL RE SUDDIYISION ,.GREEMM: The developer(principal)has executed a subdivision agreement with the County of Contra to ' stall and pay for street, drainage and other improvements in Subdivision Sandy Cove* ed in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. *Shopping Center 2. GK `t 1WN: PACIFIC/BOWIE-TRACY II as principal and RICAN 90TORISTS INSURANCE COMPANY a corporation organized and existing under the laws of the State of ILLINOIS and authorized to transact surety business_in California„ as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assign to the County of Contra.Costa, California to pay as follows: A. Performance and Guarantee: & NO Dollars($ 910,503. 00 - - I for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: FOUR HUNDRED FIFTY NINE THOUSAND EIGHT HUNDRED FIFTY Ion s NU ($ 459, 85U:65- - - -- - -- 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. COM- A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal, or principal's hens,executers,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 maiimer 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 shalt 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. B. The condition not 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 ahem or their assigns in any suit brought upon this bond. Should the work under conditions of this bond be fully performed,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee)shall relieve the surety from liability on this bond;and consent is hereby given to make such alteration without further notice to or consent by the surety;and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. _ IGNED AND SI,�ALED on MAY 22, 2002 PRINCIPAL: PACIFIC/BOWIE-TRACY II SURETY.AMERICAN MOTORISTS INSURANCE Address: ONE CORPORATE PLAZA 2nd. FL Address: 7 4 7 0 N. Figueroa City Newport Beach, CAS 92660 Ci' Los Angeles, CA dip. 90041 By. �- By: Print Name: ' �- y44 Print Name.PATRICIA M. WHITE, Title. ! , Title: Attorney-in-Fact JD:MWA&P GAGrpDat&\En&Svc\Fornu\8N WORMBN-12.doc Rev.November28.2000 ..................................._... .....................................................................................................................__....... _ _ ......................................................................................................................................................... _ _..................................................................... . .................................................................................................................. __ _ .................... ... ... ..... .. ....._...... . .._...... . STATE OF CALIFORNIA SS, COUNTY OF ORANGE On MAY 22,2002 before me, DOLORES MUIR,NOTARY PUBLIC PERSONALLY APPEARED PATRICIA M.WHITE personally known to me .evil)to be the person(e whose nomek"islame subscribed to the within instrument and acknowledged to me that lsheltl*ey executed the same it?kit herltheirauthvrized capacity(iee),and that by4k1her1*6r signature( on the instrument the person(,}, or the entity upon behalf �- DOI-ORES MUYi� of which the person(rrj acted, executed the instrument. ,} G0MM1WSJoN#012 4g4;jwt�t ry Pu 'C- all, l' ' y - n' sn�'xplros #c WITNESS my hand and official seal. i'AY s,Zoo cmClatpol, -v Signature This area for Official Notarial Seal 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 BOND TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER{S) ❑ LIMITED ❑ GENERAL. -1- ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) GUARD[AN/CONSERVATOR ❑ OTHER: MAY 22,2002 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON{S}OR ENTITY{IES} AMERICAN MOTORISTS INSURANCE COMPANY N/A SIGNER S)OTHER THAN NAMED ABOVE ID-1232(REV.5101) ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY Know All Mer,By 'These presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the"Company") do hereby appoint Paul C. Hughes , Patricia M. White and Kenneth D. Buller of IRVINE, CA (EACH) xxxxxxxxxxxxx their true and lawful agent(s) and Attorneys)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect. "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of ,the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." FK 09 75 (Ed. 09 01) Page 1 of 2 Printed In U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this October12, 2001. Attested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual insurance Company I A Ln rill 8 caAvoAx�e uueois vrm crulm H � �coAooAuwA oh K. Conway, Corpor e Secretary Gary J. ly, nior Vice Pres' t STATE OF ILLINOIS SS COUNTY OF LAKE SS 1, Maria 1. Omori, a Notary Public, do hereby certify that Gary J. Tully and John K. Conway personally known to me to be the same persons whose names are respectively as Senior Vice President and Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. 'OFFICIAL" �C1J�.Lt�C•,,�. �r�'77G?.i NIAALA 1.OMORI NOTARY PUBLIC,STATE 4F ILUNo1S r co�arslssoNEXPIRS9. zoos Maria 1. Omori, Notary Public My commission expires 9-17-03 CERTIFICATION 1, J. K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated Octoberl2, 2001 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said Gary J. Tully, who executed the Power of Attorney as Senior Vice President, was on the date of execution of the attached Power of Attorney the duly elected Senior Vice President of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, IN TESTIMONY WHEREOF, I have hereunto subscribed-my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, the American Manufacturers Mutual Insurance Company on this 22nd day of MAY 20 �yNy�t y Mu,•tqq �.,s inch �n nn CflA' vaaA \ xn aLUAo U MJ $E A L cnAPOF►noA ate` `""" `° °°'• John K. nway, Corporate cretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Long Grove, IL 00049 FK 09 75 (Ed. 09 01) Page 2 of 2 Printed in U.S.A. .... ........... ... ...... ............................... . . ..... ......... ......... ......... ...........__. ...................................................................................................................................................................................................................................................................... .......................... 11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of P"'a 1 i i' irm i a, OPTIONAL SECTION County of 0,r a n- CAPACITY CLAIMED BY SIGNER on D5 L2 3j 0 2,before me, Tz7 l i @ A 11_x' i Call Though statute does not require the Notary to fill in DATE NAME,TITLE OF OFFICHR E.G.,`SANE i7OE„NOTARY PUBLIC” the data below,doing so may prove Invaluable to 3 K personally appeared ArYpersons relying on the document. n. �.uncrma NAME(Sj taF SIGNERS) ❑ INDIVIDUAL X personally known to me-OR-❑ proved to me on the basis of satisfactory evidence to Q CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLE(S) subscribed to the within instrument and JULtE ANN EoMfSTt)N acknowledged to me that he/she/they executed � PARTNER(S) 0 LIMITED Co"nittslcn#1247016 the same in his/her/their authorized ❑ GENERAL capacity(ies),and that by his/her/their ❑ ATTORNEY-IN-FACT Ceorttts signature(s)on the instrument the person(s)or Orar4e County the entity upon behalf of which the person(s) L GUARDIAN/ MyCctFrrrt.�Dec25,20M acted,executed the instrument. G OTHER:ANICONSERVATOR ❑ OTHER: L% WITNESS my hand and Pfficial seal, SIGNER IS REPRESENTING: .WE OF PERSONS)OR EIMTY(MS)) SINY OPTIONAL,SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document Bond TO THE DOCUMENT AT RIGHT. Number of Pages 1 - Though the data below is not required by law,it may prove valuable Date of Document__Q_a .2 21a2_ to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above.__N, re-attachment of this form - - i INSTRUCTIONS TO NOTARY The following information is prodded in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. 11. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have th e authority to sign or and in the partnership. IV. SIGNATURES FOR CORPORATIONS Documents shou e signed y two o iters,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 lbAn Assistant Secretary c The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized, will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." 3O:mw \\PWS4\SHARDATA1GrppDUa\B gSvc\FoffrutWORDFO MSIALLPURPOSENOTARY.doc tt lWe'1 i`100 06/.'1.9/02 FATCO $42 8456 Tax C61 lector's®Bice Nllllam J.Pollacek 625 Court Street Contra county Treasurer-Tax Collector Finance Building,Room 100 P.O. Box 631 `' Joseph L.Martinez Martinez,California 94553- Costa Assistant Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor Date: 6/1912002 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 1 have examined the map of the proposed subdivision entitled: Tract/MS# city T.R.A. 8456 BYRON 60047 Parcel#: 011-220-034-8 01>1-220-031-6 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 Nen, which became a lien on the first day of January, 2002 is $39,200.00 This tract is not subject to a 1915 Act Bond. if subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasurer-Tax Collector By: �,� g. li'iC;Zp�IL 3 'L1 CflM '71NY SURETY _ AMERICAN MOTORISTS Pacific/Aowie-Tracy 11, First American Title INSURANCE COMPANY o nia-Genepal FgrBership One Corporate Plaza, Second Floor 1.355 `billow Way !#100 7470 N. FIGUEROA ST. Newport Beach, CA 92660 Concord, CA 94520 LOS ANGELES, CA 90041 Attn: Stephen Bowie Attention:- Sbaron Jones Attention: Mike Cundiff PHONE: (949)760-8591 PHONE (925)356-7025 pjjoNE_323-341-5472 File 718568 BOND #'3SM 046 541 O'0BOND AGAINST TAXES PREMIUM $392. 00 KNOW ALL MEN .BY THESE PRESENTS: THAT Pacific/Bowie-Tracy II, a California General Pa.rtnersh,ipas principal ,and (Surety) AMERICAN MOTORISTS- N URAN C M ` • ' ' ' , a corporation or- ganized and existing under the laws of the State of Lt.jNoTs and autbori zed to transact surety business in California. as surety are held and firmly bound unto the County of Contra Costa, State of California, in t1le penal sum of Thirty Nine Thousand, Two Hundred 00100-------------------Dollars . ($ 39,2010.00-------------- -_----) , to be paid to said County of Contra costa, for the payment: of which will and truly be made, we and each of us bind ourselves, our heirs, executors, administractors and successors, jointly and severally, firmly by these p+rresenta. Sealed with our Seals and dated this 9th day of MAY 20 02 . The conditions ofis he above obligation 3s such that WHEREAS, the above bounded princip al about to file a mala entitled Subdivision 8456 Parcel >�# 011- 207--030-8 011-220-031-6 <B ron, T'.R..A '650047 ----- arid covering a subdivision of a tract of ' .andin said 'Coun'ty of Contra Costa, and there are certain Liens for taxes and special assessments col- lected as taxes, against- the said tract of land covered by said map, which taxers and special assessments collected as taxes, are not as yet due or payable. NOW, THEREFORE, if the said Principal shall pay all of the taxes and special assessmentscollected as taxes which are a lien against. said tract: of land covered by said map, at the time of the filing of said map of said tract, then this obligation shall be void and of no effect., otherwise it shall remain in full farce and effect. Pacific/Bowie-Tracy 11, a California' (Approval. Stamp) General Partnership ° F s Pr pcal s 1ATE 0OND REVIEWED AND.APPROVED ,{ CONTRA CSA C€3Ut+`i'TY TREA9tI1�I3 ,_T� LEC'}"OR AMERICAN -MOTORISTS. INSURANCE COMPANY urety PATRICIA "t. r11111TE, ATTOP iEY 1N ACT' (Attach Acknowledgement by principal) (Attach Acknowledgement by surety) . STATE OE CALIFORNIA SS. COUNTY OP ORANGE On MAY 9,2002 before me, TIMOTHY D. FRANK, NOTARY PUBLIC PERSONALLY APPEARED PATRICIA M.WHIT` personally known to me eeF�)to be the person4e')whose name(y)islare-subscribed to the within instrument and acknowledged to me that hrlshelti4ey executed the same in hiAerlAevrttuthorized captadry(iet),and that by hdslherlthrir signature( on the instrument the person(e,or the entity upon behalf of which the person(s3 acted, executed the instrument. £ WITNESS my hand and official seal. ,'' toli �i+ �uw't C mnga County *CC" ,5#%Uct29L2?3 Signature jz�eAa tA. this area for CJctal Notarial Seal 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 I INDIVIDUAL CORPORATE OFFICER BOND TITLE OF TYPE OF DOCUMENT TITLE(s) ❑ PARTNER(S) 0 LIMITED El GENERAL ATTORNEY-IN-FACT NUMBER OF PACES C TRUSTEE(S) GUARDIAN/CONSERVATOR ® OTHER: MAY 9,2002 GATE OF DOCUMENT SIGNER IS REPRESENTING: NAVE OF PERSON(S)OR ENTTY(IES) AMERICAN MOTORISTS INSURANCE COMPANY N/A SIGNERS OTHER THAN NAMED ABOE ID-1232(REv.5/01) ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the "Company") do hereby appoint Paul C. Hughes , Patricia M. White and Kenneth D. Butter of IRVINE, CA (EACH) their true and lawful agent(s) and Attorneys)-in-Pact, to mace, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings ECCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such band within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-m-fact, and to authorize them to execute on behalf of the Company, and attach the seat of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of ,the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." FK 09 75 (Ed. 09 01) Wage 1 of 2 Printed In U.S.A. in Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this Octoberl2, 2001. Attested and Certified, Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual insurance Company ��° �' '� &Exl ` Y pCRRtlRA7R7ri .1YiU VU oh K. Conway, Corpor e Secretary Gary J. Ty ly, &n1or Vice Pres t STATE OF ILLINOIS SS COUNTY OF LAKE SS 1, Maria 1, Omori, a Notary Public, do hereby certify that Gary J. Tully and .John K. Conway personally known to me to be the same persons whose names are respectively as Senior Vice President and Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. "i?�3lClAL SEAL" C'u MARIA#.�3iu OF;L N07ARY Pl SI_SrAIE QF iLl1A1o�S > tcoP�rIsssflu�xPes9�7t zs Maria i. Omori, Notary Public My commission expires 9-17-03 CERTIFICATION 1, J. K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated Octoberl2, 2001 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate, and I do further certify that the said Gary J. Fully, who executed the Power of Attorney as Senior Vice President, was on the date of execution of the attached Power of Attorney the duly elected Senior Vice President of the Lumbermens Mutual Casualty Company, the American Motorists insurance Company, and the American Manufacturers Mutual Insurance Company, IN TESTiMOIIY WHEREOF, I have hereunto subscribed-my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company on this 9th day of MAY - 20 02 r` k tCRPQSx',F ��+ 0 3iuri0ti ' K1 SBxtpROpRATfpR John K. onw ay, Corporate Mcretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extant herein stated. Nome Office: Long Grove, IL 60049 FK 09 75 (Ed. 09 01) 'Page 2 of 2 Printed in U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT a I State of California ss. County of Orange I� 6 �I i� On Mai 23 , 2002 , before me, Julie Ann Edmiston Date Name and Title of Officer(e.g.,"Iane Doe,Notary Public") personally appeared Arn K. Youngman Name(s)of Signer(s) 2 personally known to me 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/the JULIE AAi#!IW[N�N15T0l+1 g Y executed Commission#1247016 the same in his/her/their authorized Notary Public-CaE ata capacity(ies), and that by his/her/their t? Orange County signature(s)on the instrument the person(s), or lady Con".ESilgs#3ec 25,2WJ the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. L int � Place Notary Seal Above Signature of Notary Public OPTIONAL �I Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bond i Document Date: May 9, 2002 Number of Pages: 1 Signer(s)Other Than Named Above: N/A i Capacity(ies) Claimed by Signer Signer's Name: Arn K. Ybungman _ ❑ Individual Top of thumb here El Officer—Title(s): t Partner--�El Limited X General El Attorney in t=act ❑ Trustee ❑ Guardian or Conservator [-] .Other: 4 i Signer Is Representing: l i 01999 National Notary Association-9350 Do Soto Ave.,PA.Sox 2402 Chatsworth,CA 91313-2402 www.nationalnotary.org Prod.No.5907 Roorder:Call Toil-arae 1.800-876.6827 a+ranvrcroal:�a1�'Ylsarrneel�H W Lam CZJ LLJ Z d to N In LU iE Ll F5 S ¢ z _ ¢a _ t,m mood �_ Cjcai w c4<sysIx x � w o -> W [� _I t �� z z� zWw c7wJ� , o118, o 00 LAJ -- G �` ? `� m a"' �c cn w � can es -i fit `� m [� (!� _ to CLW " O Ems+ '�"�` tn Lo �'; `'-J o �`.n' � l'-§F= IIUU" " orzi r� tn fit [� d lcf p `' W0m �yR *y ting m d Inn<.rca� w 0 �s w ' CL Ix ....... 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