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MINUTES - 08132002 - C28
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNT'', CALIFORNIA Adopted this Resolution on August 6,2002 by the following vote: AYES: SUPERVISORS GERBER, UILIMM, DESAULNIER, GLOVER, AVD GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/ 464 SUBJECT: Approval of the Final Map,Subdivision Agreement,Acquisition ofOff-SiteRight- of-Way Agreement, Off--Site Frontage Improvement Agreement and Drainage Improvement Agreement for Subdivision 6844, in the Lafayette area. (District II) The following documents were presented for Board approval this date: I. Map The Final Map of Subdivision 6844,property located in the Lafayette area,said map having been certified by the proper officials; II. Subdivision Agreement A subdivision agreement with The California pacific Bank,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: I hereby certify that this is a true and correct copy of an action DI:RL:Iaplcw taken and entered on the minutes of the Board of Supervisors on Cr:\GtpData\EngSvc\BO\2002\8-06-02\Sub 6844 BO.doc the date shown. Originator:Public Works(ES) Contact: Rich Lierly(313-2348) AUGUST ATTESTER:_ t 2002 cc: Public Works-g, orntn pity Development JOHN SWEETEN,Clerk of the Board of Supervisors and County Current Planning,Consmunity Development T—6-06-03 Administrator California Pacific Bank 601 Montgomery Street San Francisco,CA 94111 t Travelers Casualty and Surety Company By < s y_.A^^ Deputy of America ' 580 California Street,#1300 San Francisco,CA 94104 RESOLUTION NO. 2002/_46A_ SUBJECT: Approval of the Final map and Subdivision Agreement for Subdivision 6844,in the Lafayette area. DATE: August 6, 2002 PAGE: -2- A. Cash Bond Deposit amount: $8,000.00 Deposit made by: California Pacific Bank Auditor's Deposit Permit No. and Date: DP 358488; October 31, 2000 B. Surety Bond Bond Company: Travelers Casualty and Surety Company of America Bond Number and Date: 005SB103321539BCM, December 6, 2000 Performance Amount: $793,000.00 Labor&Materials Amount: $400,500.00 Principal: California Pacific Bank 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 2000-2001 tax lien has been paid in full and the 2001-2002 tax lien,which became a lien on the first day of January 2002, is$39,200.00, with security guaranteeing payment of said tax lien as follows: +� Tax Surety Bond Company: Travelers Casualty& Surety Company of America Bond Number and Date: 005SB103321587BCM; January 30, 2002 Amount: $39,200.00 Principal: California Pacific Bank 1V. Acquisition of Off--Site Right-of-Way Agreement A acquisition of off-site right-of-way agreement with the California Pacific Bank,subdivider, whereby said subdivider agrees to compensate the County for all costs associated with acquiring all necessary easements,right-of-ways and/or permits to enter associated with the construction of improvements involving Subdivision 6844. Accompanying said acquisition of off-site right-of-way agreement is security-guaranteeing compensation as follows: RESOLUTION NO. 2002/464 SUBJECT: Approval of the Final map and Subdivision Agreement for Subdivision 6844,in the Lafayette area. DATE: August 6, 2002 PAGE: -3- A. Cash Deposit Deposit amount: $15,000 (Section 8) Deposit made by: California Pacific Bank Auditor's Deposit Permit No. and Date: DP 361130, December 27, 2000 Deposit amount: $60,000 (Section 9) Deposit made by: California Pacific Bank Auditor's Deposit Permit No. and Date: DP 311014,March 24, 1998 ,DP 361130, December 27, 2000 and DP 389975,July 17, 2002. Surety Bond Bond Company: Traveler's Casualty and Surety Company of America Bond Number and Date: 005SB103321542BCM, January 5, 2001 Performance and Guarantee amount: $60,000.00 Principal: California Pacific Bank V. Off--Site Frontage Improvement Agreement An off-site frontage improvement agreement with California Pacific Bank, subdivider, whereby said subdivider agrees to pay to the County the cost of off-site frontage improvement for Reliez Valley Road to satisfy Condition of Approval 26A.1.b. ($145,322.00). A. Letter of Credit Financial Institution: California Pacific Bank Letter of Credit Number and Date: S-54374,February 20, 2001 Amount: $145,322.00 Principal: California Pacific Bank VI. Off--Site Erosion Control Improvements An off--site flood control improvement agreement with California Pacific Bank,subdivider, whereby said subdivider agree to satisfy Condition of Approval 26F. A, Cash Band Deposit Amount: $50,000.00 Deposit Made By: California Pacific Bank Auditor's Deposit Number and Date: 362473 January 25, 2001 RESOLUTION NO. 2002/464 SUBJECT. Approval of the Final map and Subdivision Agreement for Subdivision 6844, in the Lafayette area. DATE: February 6, 2001 PAGE: -4- NOW THEREFORE BE IT RESOLVED that said subdivision,together with the provisions for its design and improvement, is DETERMINED to be consistent with the County's general and specific plans, BE IT FURTHER RESOLVED that said Final Map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. All deposit permits are on file with the Public Works Department. BE IT FURTHER RESOLVED that said subdivision agreement acquisition of off-site right- of-way agreement,off-site frontage improvement agreement and of-site flood control improvement agreement is also APPROVED. 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O SU13DIVISION AGREEMENT (Government Code 566462 and 566463) Subdivision: #6844 Subdivider: California Pacific Barak Effective Date: -' Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: a CONTRA COSTA COUNTY "aLM2 VIDER Maurice Shiu, Public works Di"C- y By: t"`� (sit) AL (resat ran"&title) M V Michae Johnson, Executive Vice—President By: Istel ` 'Ie rvim Division (matammatide) Pe er Sun, Secretary LFamr Victor,I.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"(ye>�tr ty",and the above-mentioned SubdivitiLer,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. 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(Govermnent 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. 04PBQYE ENT 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 trfot:rtrance and Guarantee: S cash,plus additional security,in the amount of S 793.000 which together total one hundred percent(100%)of the est mated cost of the work. Such additional security is presented in the form of. Cash,certified check or cashiers check. _X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year alter its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of S 400 j,500• which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of.- Cash, fCash,certified check,or cashier's check o _ 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 these 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 594-4.406 and S94-4.408 of the Ordinance Code. !. (-AJARANTEE AND WARRANTY OF WORK. Subdivider guarantccs that said work shall be free from defects m material or workmanship and shall perform satisfactorily for a period of one(I)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.0,"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 iystcrn. S. PI,,ANT ESTABLISHMENT WORK. 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. G. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Subdivider 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 indemnitie benefitted and protected by this promise are the County,and its special district,elective and appointive boards, commissions,officers,agents,and employees. B. The Iia ilities 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. NonCo ditions: 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: Subdivider shall pay when due,ail the costs of the work, including inspections thereof and relocating existing utilities required thereby. 14. SURNEYS. 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. NON-PERFQ NCE AND CMTS: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. INCORPORATION/ANNEXATION, 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 cite.except as provided in this paragraph,the County's rights under this agreement and/or any depos=.t, bund,or loner of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of third party benctician against Subdivider.who shall ruilill all the teens of this agreement as though Subdivider had contracted with the city originally. The provisions oT paragraph 3(lndemenity)shall continue to apply in ta,.or of the indemnities listed in paragraph SA upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof.County shall alluev Subditi ider to file and record the Final iVtap or Parcel Nlap for said Subdivision. RL mw n,. G 3GryoantiGn�Src�f.Nrr,s\Rti WpRMA6 Sox-,k,; RCV pccCmbcr"1,i�,N State of � ` ro a } f County of ........ z 4 On_ � � � c� � � before me, GATE ,. NAYE,19 E CSF oFrices-E.a..-.}ANE NOT �tl personally appeared1. NAME(S)OF SIGNERS) 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 �• SUSAN CALVERT signature(s) on the instrument the person(s), COMM. 1147356 �} WARY PUBLIC-CA WOMA �i or the entity upon behalf of which the CONTRA COSTA COUNTY -+ OMycot,w.Eg4mJulr4Q„za01 It person(s) acted, executed the instrument. WITNESS any hand and official seal. t r. f �. /A, SIONATUJRS OF NOTARY OPTIONAL. Though the data below is not required by law, it may prove valuable to persons relying an the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL ❑ CORPORATE OFFICER ; TITLE OR TYPE OF DOCUMENT T (S) PARTNER(S) '_ ; LIMITED GENERAL ATTORNEY-IN-FACT NUMBER OF WAGES ❑ TRUSTEE(S) ❑ GUARIDIAN/CONSERVATOP a r7ESIGNER ENTiI�G:4 W0Es) SIGNER(S)OTHER THAN NAMED ABOVE 80-1133 3/94 01993 NATIONAL NOTARY ASSOCIATION•8236 Rammet Ave..P.C.Box 7184•Canoga Pari(:CA 91309.7184 CALIFORNIA ALL-P1R :A K OVILlDGME -T" State of , Ll - County of ._ 0n �. . OC before me; DATE NAME,TrrL€OF oFFtmA• .G.;'JAN@ OM,mwWry PusLc- personally appearedt'�f cif 3 NAME(S)OF SIGNER(S) personally known to me w 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 SUSAN GAL�I # Y i signature(s) on the instrument the person(s), w &My COMM. 1147358 or the entity upon behalf of which the NOTARYPOLIC-CALWORNIA person(s) acted, executed the instrument. CONTRA COSTA COUNTY Gomm.Expirn 4*1 id,2001 a WITNESS my hand and official seal. SIGNATURE OF NOTARY 7(f 4 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and couid prevent fraudulent reattachment of this farm. f CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT Tr1L1<{$) PARTNER(S) L-1 LIMITER 3 GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES TRUST {S} C t >= )"',.*CONSERVATOR OTHER. SIGNER IS REPRESENTING.- NAW OF F1918U M 08 e4rTYVS8) - SIGNER(S)OTHER THAN NAMED ABOVE SD-1133 3134 01993 NATIONAL NOTARY ASSOCIATION•8238 Remmet Ave.,P.O.Box 7184•Canoga Park,GA 91309.7184 COUNTY OF CONTRA COSTA DEPOSIT PERMIT /Olk OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM C J Contra Costa County Public Works 4500 � t� t om ) ORGANIZATION NUMBER 255 Glacier Dr. ���0 Martinez CA 945.5s �t���e��1 y (For Cash Collection Procedures see County Adm,n DESCRIPTION FUND/t7RG. ACS TASK OPTION ACTIVITY AMO r Sales Tax 0300 0637 $ €x„: 85 Sub 6844 Vtontmient Ck 000651 9660 REV 6LO81.D 1,440.1' 00 Sub 6844 Base 11004529 9931 6JO025 550.100 Sub 6844 CDD003520 9660 , 5B06OC 11000.100 ov Rent 007862 9191 5,000.1' 00 Encroach 000651 9105 RE's' 6L082E 928.1150 ro cn ,, , � 6LO81G 238.; 28 Salk 6l< Prints '307362,907354 004530 9931 6AO026 52.,' 70 Prem Bill- 000651 9105 6L085C 1,424. 00 Sale of Prints 907361 P10512 004530 9931 6A0026 5.; 50 CR1854�CR1857 01717651 X3660 6L088D 40.1 OO Storm Drain 8/00 907334 000330 9895 6W9C07 1,114.178 niVjt Mater 950403 007498 979760.100 A' rt ProcessFees 004841 9895 8,448.1 32 Trust Fttnd 819800 07800 8,000.1 00 t Fund 831000 0800 52,415.1 00 EXPLANATION: TOTAL $ i DEPOSITD i Eng Svcs 1041001-1041005 No Voids Deposit consists of the following items 0f COIN and CURRENCY $ Encroac.�mnt Invoices: (6L082E) 907326190717091907328,9068961 CHE6 ,_M.a,Et.� $ 30,721.93 BANK DEPOSITS $ Encroachment Invoices: _(GLO81G) 907009,907328,906896 FOR AUDITOR-CONTROLLER USE ONLY n DEPOSIT .. Prem Bill Invoices: (6L085C) 907372,907301,907379,9073061 PERMIT907 1A0-qQ717A 9072 24 =. , 31 pola P ` 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 into the County Treasury. acknowledged. ...ct" " rifle: 'Cleri 3-2344 Signed: Signed:_ C" < t XT. DO y A"t+ County Treasurer D-34REV.(7-93) Eng S Jeff Anile (2) 14arPeggy 6- Trust Fund 831000-0800 Total $52,415.00 G#1041005 $500.00 Record of Survey Map Check Fee Deposit, RS2516, Joan A. Parodi / Mike L. Parodi, 91 Chan Via, Alamo, CA 94507 G#1039948 $2,000.00 City of Richmond's DR00--21 APN 408-021 & 022 Writing MIA's for Goodrich Ave & Parr Blvd., Robert F. Linscott, Jr., Bruce Linscott, 397 Smith Ranch Road, San Rafael, CA 94903 G#1039949 $75090.00 MS99-0004 Inspection Deposit, De Nova Homes Inc., 1849 Clayton Rd., Concord, CA 94520- 2.513 G#1039950 $39,545.00 Sub 6844 Inspection Fee and $3,280.00 Sub 6844 Improvement Plan Check., California Pacific Bank, 601 Montogmery St., San Francisco, CA 94111 Trust Fund 81.9800--0800 G#1039950 $8,000.00 Sub 6844 Cash Bond, California Pacific Bank, 601 Montogomery St., San Francisco, CA 94111 Subdivision: 6844 Bond No.: 005581033 I53913CM Premium: $1.4,895,00 FOR S1.tBDMSION AGREEMENT (Performance,Guarantee,and Payment) (California Government Code§§ 66499- 66499.10) 1. R=TALser S gait vt igV-s t MELgT. The Principal has executed an agreement with the County to install and pay for street,drainage,and other improvements in Subdivision 6844 . as specified in the Subdivision Agreement, and to completer 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. ATM—. California Pacific Bank as Principal,and Travelers Casualt and Surety, Company of Amen a=potation organized existing under the laws of the State of Connecti ggtand authorized to transact suety business in Californ* as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successom and assigns to the County of Contra Costa,California to pay it. A. Performance and Gnarant": Seven Hundred Ninety Three Thousand ($793,000..00 `l for itself or any city assignee 'under the above County Subdivision Agreement,plus Four Hundred Thousand Five HundredDollars( ; R. Payment-. S► 500 il0 ) to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division M of the Civil Code of the State of California. 3. Ctxmm9h A. The Condition of this obligation as to Section 2.(A)above is such that if the above boned.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 inde mrdfy 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 retrain in full force and affect. As part of the obligation secured hereby and in addition to the face amount specified thereforer,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. - Bond #: 005SB103321539 B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersignedas corporate surety are hold firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,matetial men and other persona employed in the performance of the aforesaid agreemenA and refezred to in the aforesaid Civil Cade for materials faxanished or labor thereon of any lid,or for amounts date under the;Unemployment Insurance Act with respect to sueb 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 bons!, will pay, in addition to the: fact amount thereof, coasts 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 aVecd that this bond shall inure to the benefit of any and all persons,companim and corporations entitled to,file claims under Title 13(conking,with Section 3082)of Part 4 ofDivision 3 of the Civil Code,so as to give a right of action to diem 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 fall force and effect. C. No alteration of said subdivision agreement or any plan or specification of said await agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consetat is hereby givers 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 Molds itself bound without regard to and,independently of any action against]Principal whenever taken. :cam ' MALED on l}I: El h31 FS .i3„ '2000 p CIPA.: California Pacific Bank SUp.ETy. Travelers Casualt and Surety oompan veraca Address 501 Mont omcmeery Street dress: 580 a i ornia Stream,-#L3 City; San F a_sc 94111 _ +CiCy Samar dip 94104 -- -- Y print Name: Michael Johnson print Name: Ri chard L. Mil 'nor Title: Executive Vice President Title;: Attorney-ire-Fact , ws, �araers»o�r�wo .tx.ax 23.mcc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of ; , County of ! O n . 'f; before me, (bud, DATE AME,TITLE OF OFFICER-E.G.,"JANE DOE, ,0 ARY PUBLIC" personally appeared MCA ` 1� bi , NAME(S)OF SIGNER(S) personally known to me - OR - 0 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 SUSAN CALVERT It capacity(ies), and that by his/her/their COMM. 1147356 NOTARY PUBLIC-CALtPOMA signature(s) on the instrument the person(s), CONTRA COSTA COUIM .� myCOMM.6 Ju3200111 or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. k I NATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL ORPORATE OFFICERIftme , rr : prat p ` ✓ tZ !� � TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) I�J LIMITED GENERAL + 0 ATTORNEY-IN-FACT NUMBER OF PAGES F71 TRUSTEE(S) 01 GUARDIAN/CONSERVATOR El OTHER. �C� c2_0 Q DATE OF DOCUMENT SIGNER IS REPRESENTING: NA i EPERSON S)OR ENTITY(IES) 616hard k' s �a - dLV_' I SIGNER(S)OTHER THAN NAMED ABOVE 80-1133 3/94 01993 NATIONAL NOTARY ASSOCIATION+8236 Remmet Ave.,P.O.Box 7184•Canoga Perk,CA 91309-7184 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06383-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Dartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint, Glenn E. Gilman,Richard L. Milsner,of Walnut Creek,California,their true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred to sign,execute and acknowledge, at any place within the United States,or,if the following line be filled in,within the area there designated the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking and any and all consents incident thereto and to bind the Companies,thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies,and all the acts of said Attoey(s)-in-Fact,pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice president,any Second Vice President,the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary,any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached, (8-97) p jg t � uOS '/� ejeloes Jue4S!SStj uosumior m tjom 'WOO �rt b 'MDcv� �. Z 8 5 I A r 'Gu0iiHvH 11 Ag6 ONY A, '000Z` b3&303a ,Io Sep H19 slid Pa1e(l 'In0110auuOD J0 a1e1s `PIOJ:�eH jo f41xo agl ui `,iuzdusoo oql j0 xgO auxoH aq1 lL'PaleaS Pur PauSYS •0010i ul mou aze:41101pny Jo 01mmlxaD am ul quoi las se `sxoloazzdo spxeog ag10 suollnlosa}I Rulpu�l5 all lull `az0uuag1an3 Puy `paonaa uaaq lou seq put, aOaol I[ ul sulzxax �uogjn,V jo al�oupjaD pue Sau1011V Io lamed pagoene put; 2ulo2ax0J ag1 IelI A I aD AgUR ClO `1n0lj0auu0-,la ave aT jo suollexod100 fools `AmVdwoj AL"TVfISV3NOLOmTIr1I2IVd Pur AxVdb1I0j 2Lt"Ils qNV AI.'IVflsVi smaiaAVIdZ `Vjlaa AIV d0 ANVd o:) A.LMgS QNV U TVIISV3 52Ta'IaAVHj 3o SjrlaaaaS jurrslssV `pau�lsxaPun all `I 31neaJlol•�aiaeW oilgnd AJuION LOOZ 'OE 0unr sejtdxa uoiss;wwoo AN 1^ )w Zll Iaaaagl suopnl0sag SuTpuelS aql xapun 0090 xaq{srq zo.�IIO 1ne f,q suollezodxoo ag1 jo jIegaq uo luouinnsul ples aql polnoaxa ags/ag wql pue `.spas alsxodxoo Bons on luaumAsul plus agl of poxgu spas aqj jell 'suopluodxoo plus Jo slues aql smom ags/aq jell `.juauuuisul aAoge aq1 poinoaxa golq?a pue rY paglmsap suollex0daoo all `ANViNOD A.L'IVflsva NOIDNIIA vd Pur AwcllIOO Al3wils QNV A.L'IV11sVj S2Ig'TaAv-ai `vDiaawv AO AAt�e' RO3 A1,3Il1S (INV AL'IVIISVO S2Ia'IaAV2LL 30 luapcsa.xd 031A.101u3S sl Ols/al Wql :Sus pue asod0 PYP `u Oms dlnp ow Sq gulaq `ognti `momE aux o1 MOSdnTO]q.L 'M aO2IOa0 sumo dlleuosiad aux aaojoq OOQZ `Svw 3o Sep tPS I sYqj UO IUOPISOJd 931A MUGS P'Q uosdwoLjj. .M 961000 0� arro0 b Ag Z 8 61 y r 'amodl 010 (TdOj.L2i` H JO1L'.NIMO A1+1VdNOJ AL'IVaSVD KOIONTII/ZHVJ pS0JIMH'SS A.tiVdWOD A.LMlS(KV AL'TVfISVD SXH'I'NAVRI VDIHdViv go ANVd OD AlURnS alit'AllYfISV:)SHU'I'aAVUI InOLT09NNOD JO H.LVIS QQOZ`fie Io�eP g1SI sYgj paxWu olonq oq of slues alrsodxao zlagl pue `lxxaplsa xd aaYA xoluaS xragl iq pawls oq o1 luaumxlsul slgl Pasneo aAel ANWHOD ;LI IVfISVJ NOIDNIT'MVJ Pur A&VdW03 AlaHAS (INV AL'IVIISVD SUa IaAV2II, `v3rH3IAIV ,IO A&VdNO3 A.LaHfIS CIKV A.L'IVIISV, SHa'IaAvujL `Aoauaiam ssam IM 'kil -- ............._.............................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................................................................................ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of � '° County of . On kbf k before me, \ LfWAL"V_tf� DATENAME,TITLE OF OFFICER-E.G.,"JANE DOE,NO ARY PUBLIC- e-,,: h-xwl�� personally appeared �.. �� , NAME(S)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 ISUSAN CALVERT the same in his/her/their authorized " com . 1147356 capacity(ies), and that by his/her/their �+ r' NOTARY PUBLIC CALWORIM CONTRA COSTA COUNTY .. signature(s) on the instrument the person(s), M COMM.it mi ill.2WI or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. A� SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL ❑ CORPORATE oFI=ICEDti TITLE OR TYPE OF DOCUM NT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES —_`1TRUSTEE S El GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: r -•----- NAME OF PERSON(S)OR NTTY(IES) dk1d SIGNER(S)OTHER THAN NAMED ABOVE , igi BD-1133 3194 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 Tax Collector's office William J.Poilacek 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 (825)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor Date: 7/17/2002 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 1 MS# city T.R.A. 6844 LAFAYETTE 73004 Parcel#: 166-010-015-6 166-010-026-2 166-010-031-2 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 $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 Collor By: :?f syc Ap r TITLE COMPANY 13i11tE'1'Y Travelers Casualty and Califorria Pacific dank First American T tle _ ri Ca 31,00 oak Road, #320 1355willot� wY coq 350 California St. . #2020 Walnut Creek, CA CuTu:urda 4. 5n___.r.acjs_ro, 4.L+_._a410 ° Atrencion: Michael Johnson Attention: Sharon Jones Attu: Bill eal Y PHONE: 287-1713 - PHONE PxOMIZ415-273-5215 _ Bond #: 005SB103321587BCM Premium: $784. BOND AGAINST TAXrS KNOW ALL MEN By 'riiEsr. PRESENTS: mHh- California Pacific Bank as principal and (Surety) rave erS , -asdi e corporation or- ganized and existing under the laws of the State oE ' onnertj cut ,nd arrhhorized to transact surety business itr, California as surety are held and firmly bound unto the County of contra costa, State of California, S,n tine perral sum of Thirty Nine Thousand Tvo Jitrnsitatl. And�6L0lant-,•• _pollar,s ($ 39,200.00-_----� _ __} , to be paid to said County of contra Costa, for the pSiyznent of4which will and truly be made, we and each o.F us bind ourselves, our heirs, executors, admi.nistractors and successors, jointly and sever;,11y, firmly by these presents. Seal d wii.h our .Seals and dated this 30th day of January 211W The ccndit.ions of ;she above obligation is such that WHEREAS, the above boun0e,l principal #.s about to file a mala entitled Traci: _ and hovering a subdivision of a tract of land in said County of Contra Costa, and tbert: are certain liens .for taxes and special assessments col-. .lected as taxes, against the said tract_ of land covered by said mala, which taxes and special assessments collected as taxes, are not as yet due or payebla. NOW, '."HEREFORE, if the said Principal shall pay all of the taxes and special asseAmmnnL; collected as taxes which are a lien against. said tract of land covered by said map, at the time of the filing or sa.1d neap of said tract, then this obligation shall be void and of no effect, otliarwisfi it shall rem, in full force and effect. California Pacific Bank (Approval Stamp) �j BOND REVI: : D AND APPROVED tori ipal — CONTRA COSTA 0OUNTy TRE U , �R i c" hael R.Johnson, xecu i ve BST: � � Travelers Casualty and Surety Company of America s�t,y Richard L. Milsne.r, Attorney-in-Fact (Attach Acknowledgement by principal) (Attach ;acknowledgement 3AB']:, by Surety) . BOND REVIEWED AND APPROVED CONTRA COUWry AO LLZCTOR BY 0ALI j"NIA ALL-PURPOSE ACKNOWLEDGMENT State of County of Can beforeme, 6tW&.aLL&Y4- �d DATE NAME,TITLE OF OFFICER•E.G.,"JANE DOE. OTARY PUBLIC" personally appeared L e- , NAME(S)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 . SUSAN C1LVERT the same in his/her/their authorized COMM. 1310625 capacity(ies), and that by his/her/their NOTARY PUBLIC•CALIFORNIA signature(s) on the instrument the person(s), CONTRA COSTA COUNTY .. L My09mm'Expires July 19,2006 it or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal. IGNATURE 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 'FiINDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE C#TYPE OF DOCUMENT PARTNER(s) ❑ LIMITED GENERAL 'X-ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) 17 GUARDIAN/CONSERVATOR OTHER: �� DATE OF DOCUMENT SIGNER IS REPRESENTING: - -� NA OF PER (S)OIC EN7 7ES) SIGNER(S)OTHER THAN NAMED ABOVE x BD-1133 9/94 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 CAL,W�-,-.)RNIIA ALL-PURPOSE ACKNOWLEDGMENT I! � State of County of a �Can �� ";��. before me, TE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTAR PUBLIC' personally appeared , s NAME(S)OF SIGNER(3) )d personally known to me - OR - Cl 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 SUSAN CALVERT It the same in his/her/their authorized COMM. 1310625 capacity(ies), and that by his/her/their 9 NWARYPUOLIC-C,AEIFtNIA signature(s) on the instrument the person(s), CC�9 CONTRA COSTA COU14TY -. I MyCornm.ExpirssJwy19,2005� or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL IONAL Though the data below is not requires!by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. T t CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER M(dQ=iiU6 Vice,.kw&xhE— ! TITLE(S) TITLE O TYPE OF DOCUMENT D PARTNER(S) LIMITED Lam_ GENERAL ATTORNEY-€N-FACT NUMBER OF PAGES TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: JMW4�1a D E OF DOCUMENT NAMESIGNER 1S N(REPRESENTING: NAME PERSON( OR ENTITY(IES) 6dao- SIGNERS)OTHER THAN NAMED ABOVE BD-11333/94 01993 NATIONAL NOTARY ASSOCIATION+8236 Remmet Ave.,P.O.Sox 7184•Canoga park,CA 91-409-7184 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06153-9062 POWER OF ATTORNEY ANI'? CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal ofEces in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents ma.1ce, constitute and appoint:Tenn E. Gilman,Richard L. Milsner, of Walnut Creek,California,their true and lawful Attorneys)-in-Pact,with full power and authority hereby conferred to sign,execute and acknowledge, at any place within the United States,the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance,or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the sante extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys)-in-Fact,pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is.made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in ,N riting and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY ANIS SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and. FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. 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MARTINEZ,CALIFORNIA RECEIVEWOM ORGANIZATION NUMBS -- (oryarufa+an) (For Cash Collection Procedures s un,140i 'trator s Buiietari,h QI, DESCRIPTION FUND/ORG. SUB' t TASK C)PTIok +, ' O�JNT ACCT. [{ 1JY Aa'M f, $ ��f-t�.-�.+/'` ,�,. y. .7 �..."�CJ�� �.,� ��G�" `��� ,gib:d✓I ;'"� '•r t g y I I�. I ! I I t I t I t ! 4 i I t I I I I EXPL NATION:, TOTAL $ e o o K/ ,. r:. fcl =f;'ci' _ i5' DEPOSIT / t Deposit consists of the following items a COIN and CURRENCY CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT 7 d cvf t r C } PERMIT ©P '•7'`• � G'f; r°�". ,d- ,:z C r�:`,'�- NUMBER DATE t F _ ASSRAi `..�' i The amount of money described above is for. Treasurer's receipt of above amount is approved. Receipt of above ompunt is hereby dep�g f into the County ury e acknowled end.'`t - a Signed: ti. Signed. Title: f C�� EXT ✓' - !7 Deputy County Auditor /Deputy Co my Tre s D-34 REV.(7-93) } ... -0, _r TO THE tREASSER: RECEIM FROM .... S ,. ." •:> `�'+�+''' (J'y!✓'/�fj /'1 (/ �r�'�,,�yl J,�y/ tM.wNMi�n+�iM - 10KO e / 7 `"""G (For Cwh Coffedion h7oce&m EOE CountyAdOi 1T Gf f ttl'1{�J'. DESCRIPTION FUND/ORC3 �� TASK OPTION ACTIVITY AA�Jl3NT ACCT 104f: »?� i rte' ✓r'e -�%' ,�`� clr• " .'+„` ' dd�1.Si' '` '$ 4 d i RIF i I 5g I I I j I A �1-- I I I I t: EXPLANATION: 6s k--. +i'` .+` �f g. MTAL ezl�yIl gy V,4fr> ses- a $4sr ., rY'L�' ' DEPOSI y��.�`�/� t✓� �lsx y/ y'��'Y��'" ;,,�'�a� ��. -�,�'ri�. ,�-�i'�.S'" r�•d Deposit cos#x 4of 1#x� CCXN and CURRENCY,, r� CHECKS.AW.ETC BANK DEPOSITS /". a cy r.�/ �.0/ FOR AUDEPOSIT N7R i1 1 Y PERMIT [fir T r'// <�?, +�+ r;L S �! � ' ( f , r C+ '• c r s�' *c NUMBER . j x�r,( �+" - ,�• : DATE The amount of»x3r>ey desmbed above is for Trena urar` 1pt of above auto �speovrtti a deposit into#F>e T�eaxur�c �� 3 a�. b�5a r! 11t1@� a' t -; .L"iJl�w .�"�_ .;.•.. :.�..r: }... A4.y f v :. •:' 5 r D-34 REV.(7-93) v .t: ���R: > +,�t r°:'N,�.�k+C�,sr .y s,;.. `{:y;:�•t:n}t f, s k•.,, HE IR y. �.;�t,f �qh,: - : _, ��1�if��f���� }r�Ck r� fV'r;•#•"fes' r ray Ili EASVRER ,x t} �;••"� :.'MEW FROM �!i�.t` f, *+�` es7 `3 "3"" ► (From CAKrm Prows s Cac"ty AAwfi hi�w"s SA 1054 SUIL DESCRIPTION l�UtiJt7Ri� . TASK ACftY1TY ,MDUNT. 1 147 t - i t ' I I I t E Ii •t r' ECPLANA1'tt:N: f 1AL DSII E' Be it consists of the:fbfio mg idems COIN crud CURRENCY 3 CHECKS,Mia,ETC., BANGD OSITS, 3+ FM AW90R-CONTROLLER USE ONLY DEPOW PERMIT t7P NUWER The ucnaunt of rrscxaey d�scritd abo�+a is far Troasutsr's rmcipt of�x#scwe� xatmt is tdeposiinto the County 1 r1ry >ct f s J Daw 4 / �r -uuN t T ur%.V114 i KA f-Ub 1A DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM l ) ORGANIZATION NUMBER � zj C (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. ACCT TASK OPTION ACTIVITY AMOUNT Y l tr9,P, C C JX330) t 1 _ 1111111 Jill o 3E I )ZI I t t -A 11!!!�l L_ L L I I I I I L.._L_j I I i I 1 1 1. EXPLANATION: TOTAL $ w 4 DEPOSIT 1 r" 1 Deposit consists of the following terns O "" ' � � 6/1 j� COIN and CURRENCY $ 0, �d fI L ` CHECKS,MO,ETC. $ r `' BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT 71 r� ,/ _ ( � C.� �' ` _ PERMIT V V 016 E,S 11 `�C j NUMBER :ISP .. DATE �`��� � J ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby dep9sit inVhe County asury. acknowledged. rll Signed. , G ��-C`�{J r� Date' Signed: ' "Vt� 1 Signed: Title:r �( T. } � ;'' ly EXT. t�r; / Y Y Deputy County Treasurer Deput /C unt Audito D-34 REV.(7-93) 819800-0800: 61093474, J350.00, SUB 6844 Cash Bond for Right of Way Acquisition Agreement, California Pacific Bank, 601 Montgomery Street, San Francisco, CA 94111 000649-9665 / 831000: 61093461, Hofmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 143.708.00, SUB 8570 Major Sub Plan Review $19.928.00, SUB 8571 Major Sub Plan Review 000649-9665 / 831000: G1093462, 1500.00, PS 2681 Record of Survey Map Check Fee Deposit, MR. FIX-IT Co., 3024 Clayton Road, Concord, CA 94519 000649-9665 / 831000: 61093463, $500,00, RS 2682 Record of Survey Map Check Fee Deposit, Bud Laverne Simmons, 3859 Joan Avenue, Concord, CA 94521 000649-9665 / 831000: G1093464, $500.00, RS 2683 Record of Survey Map Check Fee Deposit, Thomas W. Thompson, 520 Garrigan Court, Danville, CA 94506 000649-9665 / 831000: 61093465, $500.00, PS 2684 Record of Survey Map Check Fee Deposit, B &P Construction Co., 1647 Willow Pass Rd. #116, Concord,CA 94520 000649-9665 / 831000: 61093466, Hofmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 x+65,588.00, SUB 8572 Major Sub Plan Review $ _3,775.00, SUB 8572 Major Sub Final Map Check 000649-9665 / 831000: 61093467, 1,400.00, FC Permit #621-02 Application Deposit, Standard Pacific of Northern California, 3825 Hopyard Rd., Suite 195, Pleasanton, CA 94588 000649-9665 / 831000: G1093469, $4,350.00, SUB 8153 Landscape Plan Check Fee, Windemere BLC Land Co., LLC, 3130 Crow Canyon Pl. #310, San Ramon, CA 94583 000649-9665 / 831000: G1093470, $3,506.00, SUB 8155 Landscape Plan Check Fee, Windemere BLC Land Co., LLC, 3130 Crow Canyon Pl. #31©, Son Ramon,CA 94583 000649-9665 / 831000: 61093471, $2,508.00, SUB 8151 Landscape Pian Check Fee, Windemere BLC Land Co., LLC, 3130 Crow Canyon Pl.#310, San Ramon, CA 94583 000649-9665 / 831000: 61093472, $3,436.00, SUB 8156 Landscape Plan Check Fee, Windemere BLC Land Co., LLC, 3130 Crow Canyon Pl. #310, San Ramon, CA 94583 000649-9665 / 831000: 61093473, California Pacific Bank, 601 Montgomery Street, San Francisco, CA 94111 $ 6,259.30, SUB 6844 Improvement Plan Check Deposit $12,192.67, SUB 6844 Final Map Check Deposit Subdivision- 6844 (Seclusion Valley) Bond No.. 005SB103321542Bf. Premium: $1200.00 SECURITY BOND Folk ACQUISITION OF €FF SITE RIGHT-OF-WAY F-WA'Y A R EEM NT (1'crformance,Guarantee,and Payment) (Calif.Government Code§§ 66499-66499.10) 1. I C:IT&C)P SUBDIVISIC)N AGLREEl�r1M,The Principal has executed an agreement with the County to acquire off-site right of way for the construction of drainage improvements for Subdivision 6844 as specified in the Acquisition of Off-Site Right-of-'Way Agreement, and to complete said work within the time specified for completion in the Acquisition of Off-Site Right-of-Way Agreement,all in accordance with State and 'local imus and rulings thereunder in order to satisfy conditions for Ming of the Final Map or Parcel Mag for said Subdivision. 2. OBLIGATION' California Pacific Bank as Principal,and Travelers Casualty & Sure, Co. of Amer ta corporation organized existing under the Imus of the State of_ Connecticut ,and authorized to bract surety business in California,as Surety,hereby jointly and severally bind ourselves,our heirs,executors,administrator's, successors,and assigns to the County of Contra Costa, California, to pay it: A. Perfonnance&Guarantee Sixty Thousand {$60,000.00,) _ Dollars ($) far itself or any city-assignee under the above County Acquisition of Off Site ht-of-Way Agreement. 3. CONI M' ON.11iis obligation is subject to the condition set forth on the reverse side hereof. A, The Condition of this obligation, as to Section 2,(A) above is such Haat if the above bounded Imncipal,his or its heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and W*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 maraner therein specified,and in all respects according to their true intent and mearsing,and shall indemnify and save harmless the County of Contra Costa (or city assignee), its officers, agents and employees,as therein stipulated,tlien this obligation shall become null and void;otherwise it shall be and. Temain in gull force and effect. .As a part of the obligations secured hereby wW in addition to the face amount specified therefor,there shall be included costs and reasonable expenses acrd few,including;reasonable attmr►e y's fees,incurred by County(or city assignee)in successfislly enforcing such obligation,all to be taxed as costs and included in any judgement rendered. B. The condition of this obligations as to " tion 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 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 land,os,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 boned,with pay,in addition, to the fact amount thereof,casts and feasonable:expenses and fees,including reasonable:attorney's fees,incurred by County (or city assign )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(corrsrnerscing with Section 3082) of Part 4 of Division 3 of the Civil Carie,so as to gyve a right of action to than or their assigns in any suit brought Mata this baruL Bond #005SB103321542BCM Should the condition of this bond be fully performed then tl-ds obligation shall become null and void, otherwise it shall be and remain in full force and effect C. No alteration of said Acquisition of Off-Site Right-of-Way Agreement agreed to by the Principal and the County shall relieve any Surety front liability on this head,•and consent is hereby given to make such alterations without further notice to or consent by Surety, and the Surety hereby waives the provisions of California Civil Code§§ 2819,and holds itself bound without regard to and independently of any actior, against Principal whenever taken. SiGNI-D AlM SEALED on January 5, 2001 Travelers Casualty and Surety California Pacific Bank Company of America Principal Surety 601 Montgomery Street 580 California Street, #1300 Address Address San Francisco, CA 94111 San Francisco, CA 94104 City,State and Zip, �ro City,Stage and Zip g 494949.........--- _- Michael R. Johnson Richard L. Milsner Print Name Print Name Executive Vice President Attorney-in-Fact Title Title (this area for official notary flags.All signatures must be properly notarized in accordance with Civil Code Section 1180, The names and titles of the people signing the doemnents must be listed on the notary flag.) :mw �1ErW5115iihfiDhTh�rt}�i�m'�n�.5�tFusn�SBN�YCt 'I�.11�N�13.s1x T4e+*:�`�itsc 2Q�1t� _............................................................................................................................_... _ _ _ ............................................................................................................................................ .........-- _............._. __ _ _ _............................................................. ._._.._..__. CALIP"O NIA ALL-PURPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION County of j a CAPACITY CLAIMED BY SIGNER y t. , n.! On 6e fore me,' � + °a Though statute does not require the Notary to fill DATE NAME.TITLE OF OFFICER E.G.. JANE WE NOTARY PUBLIC' in the data below,doing so may prove invaluable to persons relying on the document. personally appeared ��t(� �„� NAME(s)OFSI ER(s) C INDIVIDUAL personally known to me-OR-C provided to me on the basis of satisfactory evidence to C CORPORATE OFFICER(S) be the person(s)whose name(s)islare TITLE(s) � TkN ,�` �� subscribed to the within instrument and e„ acknowledged to me thathe/she/they executed C PARTNER(S) C LIMITED COMM, 1147356 the same in histher/their authorized C GENERAL h#TARY PUBL1G CALiFf34iN4A capacity(ies),and that by his/her/their CONTRA COSTA COUNTY •+ signature(s)on the instrument the person(s)or C ATTORNEY-IN-FACT My Comm.Expires duly 10,2001 the entity upon behalf of which the person(s) C TRUSTEE(S) acted,executed the instrument. C G OTHER: GUAR R: WITNESS n a and £ficial seal, SIGNER IS REPRESENTING: 3t N TTLME OF NOTARY (NAME OF PERSON(s)OR ENTITY(IES)1 C acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data is not required by law,it rray 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 INfiM>;MONS 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. AOR ALL_SIGNAES_-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. SICNATUI �FOR I 7IVMUALS -'The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNAIL=S FQR PARTN HIPS-Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bindthe partnership. IV. SIGNATURES"FOR C RPORATIONS l)ocuments should be signed y 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 Secretarryy c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized, will suffice. Notarization of only one corporate signature or signatures from only one group, must contain the following phrase: r "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolutiorr of its Board o� Directors." 3C.kw Rev.May 3.:999 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State ofoo County of ' On .0 before me, D E NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARYPUBLIC' � t personally appeared , _ r ME(S) NAMES}OF SIGNER(S) Personally known to me - OR - El 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 SUSAN CALM 6 capacity(ies), and that by his/her/their COMM. 1147356 .. 1ARYPiaLtC-CALiFOANIA signature(s) on the instrument the person(s), COMMA COSTA C"Ty • co�un. �,�u�ri�,2on, or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE ATURE OF NCTAAY OP'T'IONAL 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 TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) ❑ LIMITED GENERAL CQ ATTORNEY-IN-FACT NUMBER OF PAGES El TRUSTEE(S) El GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONA OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE oom BO-1133 3/94 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmat Ave„P.O.Box 7184-Canoga Park,CA 91309-7184 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY ANIS SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized >ander the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut,(hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Glenn E. Gilman,Richard L. Milsner,of Walnut Creek,California,their true and lawful Attorneys)-in-Fact,with full power and authority hereby conferred to sign,execute and acknowledge, at any place within the United States,or,if the following line be filled in,within the area there designated the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies,thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(&)-in-Fact,pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant'Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President,any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. is-g'� puoig °tiejejoes 4U84SISSd uosueyo{•-W !JON �r D� �°� NNWO r� , t$6 T Y 't }CJ�iMYN 400Z jo sup S sial P24LICI •lnotloouuoO jo alulS `pxoJIzuH jo f4to agl ut`SuudwoD atll,lo aoc9JO auxoH atll to pall as put:pau-SIS •aozo,I ur nnou are `Alizoglny Jo aluoUtlzaO ogl ut 141103 Jos su `szoloaxi(l o sprzog agl o suotlnlosaZl utpuulS 0111 lt:gl `azouuuglznj puu `.pa)lonaz uaaq lou seg puu aozoi lid ut suteuzat Il.ixot�ltry jo aluoruluaD Put Sauzoliy,Io nmol pagot;liu puu 2u1020x0l atp l4l h-EjxgD .Agg:2taH Oct `Inotloauu00 jo olulS agi 3o suotluzodxoo Tools`AN�dIAIOO AL'Iyf SV011IO.LONjWU A Pur ANVaWoj XiZaInS Q_�1�,.,�lVf1SVJ Sda'IaAVNI. `VaR awv 30 ANVJWOD AAHIIS qKV A,L'IVIISVO sual3AV�.L 3o Axulasaas lurlsis"V `pau is apirrt atll linea.tlal`�a�zuy� o(Ignd fGeION I OOZ 't}£aunt saaldxa uoissiwwoo AVS oaxagl suotlulosa-1 2utp=S agl xopun ooglo xag/slg}o�lizoglnu Xq suotiuxodzw atp jo jlegaq uo luatuntlsui ptus otp palnoaxa ags/ag lugl puu `.sleas aluxodzoo dans oxu luaurnnsut Pius aql of paxl p slugs alpluul `.suotluzoduoo pros jo slugs agl smou,3l ags/ag lutil `.Iuoutnzlsut anoqu ail palnooxo golgm puu ut paquosap suosluxodzo^ am `2kxv WOD A IvRSvj .&Ujf)i�ITAit vl Pur �.t�i` dT+ 03 AlluIIS Q�'�'� hL' �I1S � S2T 'I 4 L `� TII �'� go XNrC'dWoa X.L3?IaS aXV AI.'IVaSVO S2I3Z3AV-al Jo IMPisaaa aatA xoYuaS st aqs/ag lugs :Xrs pue asodop pip`uzonns Slnp oux Sq 2utaq `o-qm. `u&oux aur of MOSdROR, 'hA af)HoaO ourro Slluuosxod atu azojaq 0002 SzW jo Svp ulSI slip uO 4UOP1SGJd 931A JOIUOS b uosdwoy.L `M 961090 �� t to 'NNW Ym All � t$6 i � `{]a0�t#�A 2 RN�dI�tUJ rIL'IVf1SV�AIOS�3�4�Itl3 Pz031-19H'SS� AKVdIAtOD AlaRaS(LTV AJIV.rISVa S*dTIIAVIU VjM3WV jO AgyjW03 A.Lj�LrIS G.KV Aj'rVnsV3 SUTMAYU1 MOD 00 AO 91VIS .000z '-u73wjo,(rP qlSI sigl paxt�u olaxog aq of slugs alurodroo xtagl puu `lu;vsatd aaiA.raruaS ztagl Sq paugis aq of luauznxlsut stuff pasiten aAuq AN'F�d of A L'TVIISV0 K01-90MVJ Pur AN�'dW03 A.,I MWIS QNV AI'IV'ISVD suuaaAVHI `VOI?I3IAtV :30 A-KVJN03 A13HIS (INV Al'IVIlSVD SH3'I3AV2IL `3032I3IiM SS3htIIM Na ............................................................... _ _ ... _ ................................ AGREEMENT (Acquisition of Off-Site Right-of-Way) 1. PARTIES. Effective on Z., 2002, the County of Contra Costa, referred to as the"County," and California Pacific Efank referred to as the"Subdivider," agree as follows: 2. PURPOSE. The Subdivider is subdividing certain real property located within the County designated as Subdivision 6844 (Seclusion Valley)and, as a condition of approval of such subdivision, the Subdivider is required to construct or install certain off-site improvements, consisting of a portion of the storm drainage and road improvements for the subdivision. The construction and/or installation of these off-site improvements requires the acquisition of title to,or an interest in,certain land(referred to as the"Right-of-Way")located within the unincorporated area of the County, in which land neither the Subdivider nor the County presently has sufficient title or interest to permit the improvements to be made. The purpose of this Agreement is to provide for acquisition of the Right-of-Way and for payment by the Subdivider of all costs and expenses of acquiring the Right-of-Way and construction of the improvements described herein. 3. ACQUISITION OF RIGHT-OF-WAY. The County agrees to consider the institution of condemnation proceedings to acquire the Right-of-Way(the precise dimensions of which may be subsequently adjusted by the County),so as to enable the construction or installation of the off-site improvements described in Section 2 above and in the conditions of approval for the Subdivider's subdivision.Should the County elecfto institute condemnation proceedings,the County shall determine, in its sole discretion,whether to acquire the Right-of-Way in fee,by easement or otherwise, and whether to acquire title by deed, offer of dedication or other document. Title to the Right-of-Way shall be acquired in the name of the County or such other public entity as the County shall determine. The Right-of-Way is generally described or depicted in Exhibit A(for the off-site road improvements) and Exhibit B (for the off-site storm drainage improvements), which are attached to and made a part of this Agreement. 4. PAYMENT OF ACQUISITION COSTS. The Subdivider shall pay all costs and expenses of acquiring the Right-of-Way, including,but not limited to: a. The deposit necessary to obtain immediate possession of the Right-of-Way. b. The purchase price or compensation for the Right-of-Way, whether determined through settlement,judgment or otherwise. C. Relocation benefits,if any,payable to the owner(s)or tenant(s)of the Right- of-Way. -1- d. Compensation for loss ofgoodwill,if any,payable to the owner(s)ortenant(s) of the Right-of-Way. C. Attorney's fees, costs of suit, appraisal fees and other litigation expenses incurred by the County,whether prior to trial, at trial or on appeal. f. The cost of preparing environmental documents and of performing environmental review necessary to comply with the provisions of the California Environmental Quality Act. g. Fees and costs payable upon abandonment of the condemnation proceedings. h. Fees and costs awarded upon a finding of no or insufficient public use or necessity. i. The cost of negotiation,relocation assistance or other services performed by the County. The Subdivider"s obligation to pay all costs and expenses of acquiring the Right-of- Way shall exist whether the County elects to institute condemnation proceedings or not. The Subdivider is further obligated under all circumstances to pay for the costs and expenses of construction of all off-site and on-site public and private improvements for the subdivision. 5. ADDITIONAL DOCUMENTS. No later than 10 days after the filing of the final map pursuant to Government Code Section 66457,the Subdivider shall provide the County with all information necessary to obtain a Resolution of Necessity including the following documents and information in writing. a. The name and address of the owner(s)of the property,and any tenants(s)on the property,the legal description(metes and bounds)and plat maps(drawn to scale)of the property to be condemned. b. Evidence of compliance with the California Environmental Quality Act of 1970 (Pub. Resources Code Section 7260 et seq.). C. A statement ofall offers made to obtain the property by negotiation and copies of all correspondence indicating offers and responses,including evidence of an offer,which satisfies the requirements of Government Code Section 7267.2. d. A current title report and appraisal of the property to be condemned. 6. LEGAL SERVICES. Upon election by the County to institute condemnation proceedings,the Office of County Counsel shall have supervision of the said condemnation action -2- but the Subdivider's attorney shall perform all legal services required for said condemnation action, such as: (a) commencing proceedings pursuant to Title 7 (commencing with Section 1230.0x0)of Part 3 of the Code of Civil Procedure to acquire an interest in the land which will permit the improvements to be made, including proceedings for immediate possession of the property under Article 3 (commencing with Section 1255.410) of Chapter 6 of such title, (b) all required legal appearances, (c) conducting the trial of said matter, and (d) handling any required post-trial proceedings, including appeals. Any attorney retained by the Subdivider shall be associated as special counsel for the County,but the County shall not be responsible for payment of the fees or expenses charged by such attorney. The Subdivider agrees that any attorney retained by the Subdivider shall conduct the legal proceedings without delay and in such a manner as to acquire the Right-of-Way as soon as practicable,but in no event shall the eminent domain action be filed later than 10 days after a Resolution of Necessity has been adopted by the Board of Supervisors.Title to the property(whether by fee,easement or otherwise)shall be acquired no later than 18 months after filing the eminent domain action. The Subdivider's attorney shall notify the Office of County Counsel in writing of the following events immediately upon their occurrence: the date eminent domain proceedings are commenced, the date possession of the property is obtained, and the date title to the property is obtained. Notwithstanding the Subdivider's use of a private attorney, the County retains the right, in its sole discretion, at any time, to require that the Office of County Counsel resume exclusive handling ofthe legal proceedings until the Right-of-Way has been finally acquired,whether through settlement,judgment or otherwise. All services rendered by attorneys in the Office of County Counsel will be charged to the Subdivider at the rate of$120.00 per hour, as adjusted from time to time. Casts of suit,deposition fees, appraisal fees, telephone tolls, mileage, fax charges, delivery or mailing services and other expenses are additional and will be charged to the Subdivider at actual cost. 7. OTHER SERVICES. The County may perform such other services as the County, in its sole discretion, deems necessary for acquisition of the Right-of-Way. These may include, without limitation, negotiation and relocation assistance service provided by the Public Works Department(Real Property Division)and environmental review service provided by the Community Development Department.Such other services will be charged to the Subdivider at the County's fully burdened salary rate. 8. DEPOSIT OF PRELIMINARY COSTS AND EXPENSES. At the time of or prior to executing this Agreement, the Subdivider shall deposit with the County the sum of$15,000 in cash, certified check or cashier's check, which sum shall cover the estimated initial costs and expenses described in Sections 4, 5,6 and 7 above. To comply with this section of the Agreement, said deposit of$15,000 has already been provided by the Subdivider to the County. If, at any time, the deposit just described is exhausted, or is insufficient to cover costs or expenses incurred by the County, then the County shall promptly notify the Subdivider in writing. -3- 10. SECURITY FUR.SUBDIM—PER'S OBLIGATIONS. At the time ofexecuting this Agreement, the Subdivider shall, in addition to the deposits described above in Sections 8 and 9, submit to the County a corporate surety bond,letter of credit or other security in the sum of$60,000, which sum shall cover the estimated costs and expenses to be incurred by the County between the time immediate possession of the Right-of-Way is obtained and the time the eminent domain proceeding is finally concluded, as well as any potential additional compensation, benefits and attorney's fees that may be awarded to the owner(s) of the Right-of-Way in the eminent domain proceeding. The security submitted by the Subdivider shall be in a form acceptable to the Office of County Counsel,shall list the County as beneficiary or payee, and shall guarantee the payment and performance of all obligations of the Subdivider under this Agreement. Should the County file suit to collect the security submitted by the Subdivider,the Subdivider and the issuer of the security shall pay all costs, attorney's fees, investigation and expert fees, and other expenses incurred by the County. This section shall in no way limit the Subdivider's responsibility for payment of all costs and expenses described in Sections 4, 5, 6 and 7. 11. RECORDS. The County shall maintain accurate records of all services performed by the County and all costs or expenses incurred by the County. 12. ACO UI5ITION TIME. For purposes of this Agreement,"filing„of the final map shall be the date of approval of the final map by the Board of Supervisors. The Subdivider acknowledges and agrees that,upon the County's approval of the final map,the 120-day time limit in Government Code Section 66462.5(imposed on cities and counties to acquire land by negotiation or commence condemnation proceedings), which otherwise may have applied, is waived by the Subdivider and will not apply to acquisition of the Right-of-Way. By this Agreement, the Subdivider assumes the obligation to acquire title to the Right-of- Way ight-ofWay by negotiation or commence condemnation proceedings, in accordance with Section 6, and shall do so within 120 days of the date of the filing of the final map,however, in no event shall the eminent domain action be filed later than 10 days after a Resolution of Necessity has been adopted by the Board of Supervisors. Ifpossession ofthe Right-of-Way has not been acquired within 60 days of the date the final map was filed,Subdivider shall notify the County Public Works Department and the County Counsel's Office of this fact, in writing, no later than 65 days after the final map was filed. Subdivider shall acquire and dedicate to the County title to the property (whether by fee, easement or otherwise) no later than 18 months after the commencement of an eminent domain action. If, for any reason, the 120-day limit of Government Code Section 66462.5 is construed to apply to acquisition of the Right-of-Way, the obligation to meet that limit has been assigned to Subdivider by this Agreement. Subdivider shall make all payments, and perforin all obligations, required of Subdivider under this Agreement in a prompt manner, so as to meet the schedule imposed by Government Code Section 66462.5,to the extent applicable. Any time delay caused by or resulting from delay in payment or a delay in the performance of or failure to perform any act required by or related to this Agreement,for whatever reason,on the part of Subdivider,Subdivider's -5- attorney or their agents or employees,or any time expended in complying with the requirements of the California Environmental Quality Act shall not apply against the 120-day time limit and shall not relieve Subdivider of the obligation to complete off-site improvements. Subdivider agrees that the 120-day time limit shall be tolled for the period of the delay. Subdivider further agrees that, if the 120-day time limit is exceeded as the result of any act of Subdivider, Subdivider's attorney or their agents or employees,Subdivider shall not be relieved of its obligation to construct or install the offsite improvements described herein. 13. ALTERNATIVE IMPROVEMENTS. The Subdivider agrees that,ifnegotiations with the parties who have an interest in the property designated as the Right-of-Way are unsuccessful,such that the Subdivider is unable to acquire the Right-of-Way necessary to construct the above-described offsite improvements, and the Board of Supervisors determines not to adopt a Resolution of Necessity, the Subdivider shall be obligated to design and construct alternative improvements to the above described offsite improvements acceptable to the County. In such event,the Subdivider shall submit to the County any revised plans or agreements as required,including but not limited to revised grading and improvement plans and related subdivision agreements and security,so as to allow the Subdivider,at its sole cost and expense,to(1)construct the necessary subdivision drainage improvements on real property located entirely within Subdivision 6844 and/or other public right of way; and(2) construct a private subdivision access road, either on real property located entirely within Subdivision 6844 or on real property currently used as a private road,partially off-site and in substantially the same location as indicated on Exhibit A of this Agreement(provided the necessary private easements are obtained by the Subdivider for that purpose). Any required documentation must be submitted to allow for review and approval by the County within one(1)year of the date of approval of the final map by the Board of Supervisors. The Subdivider further agrees that, until the Right-of-Way is acquired or the revised documentation is approved by the County,(1)no grading permits shall be issued for the subdivision; (2)no building permits shall be issued for any residences within the subdivision;(3)no construction at the subdivision of any kind may be commenced; and (4) no lots shall be separately sold by the Subdivider (i.e., only the entire property may be conveyed). Until the above-referenced offsite improvements or alternative improvements are constructed,no grading permits or building permits for the balance of the subdivision shall be issued, and no other construction at the subdivision may be commenced. Security to cover the costs and expenses of construction,consistent with any such revised improvement plans,shall be provided immediately upon request by the County,pursuant to terms to be set forth in a separate and subsequent agreement with the Subdivider. Construction in accordance with any revised improvement plans shall be at the sole cost and expense of the Subdivider. 14. HOLD HARMLESS. The Subdivider agrees to defend, indemnify, save and hold harmless the County, its boards, officers, employees and agents from and against any and all costs, expenses or liability incurred by the County or the Subdivider in connection with the Subdivider's -6- acts, errors, or omissions pursuant to this Agreement, or otherwise related directly or indirectly to the acquisition of the Right-of-Way or the project to be constructed by the Subdivider. 15. SEVERABILITY. Should any provision of this Agreement be held to be invalid or unenforceable by a court of competent jurisdiction, such holding shall not affect the remaining provisions of this Agreement. 16. SUCCESSORS. This Agreement shall bind and inure to the benefit of any successors of Subdivider in legal title to the real property designated as Subdivision 6844. COUNTY SUBDIVIDER County of Contra Costa California Pacific, , A Califorma,Cb By ti By_ ChalriMard of Supervisors ichael R. Johns, i, °. President ATTEST: John Sweeten, County Administrator and. Clerk of the Board of Supervisors {' A By A 41 By - V` Peter Sun, Executive Vice President RECOMMENDED FOR.APPROVAL: Maurice M. Shiu,Public Works Director By —�A� Heather ellen r,A 'stant rublic Works Director FORM AP OVER: Silvano B ar ayi unsel I.:in a ,DWounty Counsel seelusionValleyROWA$reementl.wpd -7- STATE OF CALIFORNIA ) ss COUNTY �7 �ry ) COUNT 1 OF Onbefore me, - , , � ' -farms Jf..,allotary Public, State of California, duly commissioned and sworn, personally appeared 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 this instrument. WITNESS my hand and official seal. P MINH HANG NGItYEN Notary P ic, State o lrn Cali ia Comm.#1306053 1 NOTARY PUBLIC•CALIFORNIA City anal Comy of San Franeiaco My Ceram.Exgiras May 27,20:05 r8 STATE OF CALIFORNIA ) ss COUNTY On �.� ' - € , before me, , ��. r r %� , : at,e allotary Public, State of California, duly commissioned and sworn, personally appeared Lr�i4/-���� ,"`';z,,oh, , 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 this instrument. WITNESS my hand and official seal. Notary Plublic. State of Calilottia MINH HANG NGUYEN Comm.#1306053 ��hh NOTARY PUBLIC-CALIFORNIA UJ Cit}and County of San Francisco" MY Comm.Expires May2l,2005 AGREEMENT (Payment for (off--Site Frontage Improvements) 1. PARTIES. Effective February° 2001, California Pacific Bank, referred to as the "Subdivider" agrees to the following with the County of Contra Costa, referred to as the "County." 2. PURPOSE. The Subdivider is responsible to make frontage improvements along Reliez Valley Road, all as more fully described in Condition of Approval No. 26.A.Lb., attached to the Contra Costa County Community Development Department Approved Permit for Subdivision No. 6844 and dated February 12, 1991. The purpose of this Agreement is to reconfirm that the Subdivider has provided sufficient security to cover the costs of off-site frontage improvements along the frontage of Lot 14, Subdivision 6844, described above and by this Agreement authorizes the County to utilize that security at a time and in an amount determined by the Public Works Department. 3. RELIEZ VALLEY ROAD FRONTAGE IMPROVEMENTS. T h e Subdivider has provided the County with a letter of credit in the amount of$145,322 as security to construct the Reliez Valley Road frontage improvements described in Condition of Approval No. 26.A.Lb. By this Agreement,the Subdivider agrees that on written request from the Public Works Department, said letter of credit shall be promptly replaced by a cash payment to the Public Works Department in the amount requested in said written notification. The cash payment shall be made by a cashier's check. The Public Works FACLMLA129766�Agrmnt(Off-Site Frontage Improve-02090I).wpd -1' Department shall use this cash payment to satisfy the off-site R.eliez Valley Road frontage improvement requirements as described in Condition of Approval No. 26.A.Lb This cash payment shall be used for said frontage improvements or for such other improvements to the subdivision access as the Public Works Department deems appropriate. 4. HOLD HARMLESS. The Subdivider agrees to defend,indemnify, save and hold harmless the County, its boards, officers, employees and agents from and against any and all costs, expenses or liability incurred by the County or the Subdivider in. connection with the Subdivider's acts, errors or omissions pursuant to this Agreement. 5. SUCCESSORS. This Agreement shall bind and inure to the benefit of any successors of Subdivider who may hold title of the real property designated as Subdivision 6844. SUBDIVIDER CALIFORNIA PACIFIC BANK, A California Corporation Bye Richard Chi President sem,- airy Nakamura Chief Financial Officer F:ICLMLAl29766tAgrmnt(0ff--Site Frontage Improve-02{7901).wpd -2- STATE OF CALIFORNIA } } ss COUNTY OF On February,f: ;, 21101, before me, �" ��: � � , _�% , a Notary Public, State of California, duly commissioned and sworn, personally appeared RICHARD CHI, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed this instrument. WITNESS my hand and official seal. w BELINDA L CHL CHIN NOTARY PUDUCtALIFORNIA C"&COWY a#Sas Froadsca 4 r F EXP.FEB.20,x z Notary Public, State of CalifO is F:ICLMLAl297WAgnnnt(0ff Site Frontage improve-020902).wpd -3- STATE OF CALIFORNIA } ss COUNTY OF C HC-GS-TA ) 4 <:-d ',Z4 On February,,•-✓', 2001, before me, aa Notary Public, State of California, duly commissioned and sworn,personally appeared LARRY NAKAMURA, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed this instrument. WITNESS my hand and official seal. C 01174M &3 i 0011411 of8sn CiFEK 20.2W2ne as� NotaryPublic, v u iv c£, t_ State OT Ca 1 ornia FACLMLA1297661A rmnt(off--site Frontage Improve=02090I).wpd -4- CALIFORNIA PACIRC BANK. February 20, 2001 Board of Supervisors Centra Costa County Administration Building Martinez, CA 94553 RF: Instrument of Credit delivered as Improvement Security: Combined Performance and Labor&Materials Security(Contra Costa Ordinance Cade Sections 94-4.406 and 94-4.408). (L/C Number, s-54374) Dear Board: California Pacific Bank, a financial institution, subject to regulation by the State of California or the Federal Government of the united States of America, delivers to Contra Costa. County this instrument of credit as security for payment for certain improvements required to partially satisfy Condition of Approval No.26.A.Lb for Subdivision 6844(hereinafter referred to as the"Road Improvement Condition. I. We pledge that we hold and will hold to deposit the sum of$145,322.00 as trust funds guaranteed for payment to Contra Costa County (or successor city) to secure California Pacific Bank's (hereinafter referred to as " Owner") payment for improvements required by the Road Improvement Condition. We will so hold this sum until the Board of Supervisors requests payment of $145,322.00(in lieu of construction of off-site improvements). Once the sum of $143,322.00 has been paid to Contra Costa County for purposes of funding the improvements required by the Road Improvement Condition, the Board of Supervisors agrees to release this letter of credit. 2. No alteration of any plans of specifications of work required under the Road Improvements Condition, agreed to by Contra Costa County and Owner, shall relieve us from liability on this letter of credit. We hereby give consent for any such alterations to be made without further notice to or consent by us. We hereby hold ourselves bound without regard to and independently of any action against Owner whenever taken. We further agree that if Contra Costa county sues on this letter of credit, we will pay, in addition to the face value of this letter, all its reason costs, expenses and attorney fees incurred by it in successfully enforcing such obligation, to be awarded and fixed bye the court, and to be taxed as cost and to be included in the judgement therein rendered. 501 Montgomery Street 45587 Mission Blvd. 3100 Oak Road,Suite 320 San Francisca,California 94111 Fremont,California 94539 Walnut Creek,California 94595 (415)3998000 (510)252-9200 (925)287-1713 CALIFORNIA PACIFIC BANK 3� This instrument of credit is irrevocable and has no expiration elate, This Letter of Credit can only be released by the Contra Costa County Beard of Supervisors, Financial Institution Subdivider/Owner California Pacific Bank The undersigned hereby agrees to all the terms and conditions set forth and releases I swear under penalty of perjury that I have the financial institution executing this letter authority to bind the above-named financial of credit from all liability except as herein institution to the terms of this letter of specifically set forth. credit Executed at_ San Francisco Executed at Walnut Creek Califorr. a., on California. on By: Michael R. Johnson BY: Peter Syr. Executive Vice President Fxec�ti- Vice President ,.M,,,_ Signature Sid ature 601 Montgomery Street 46687 Mission Blvd. 3100 Oak Road,Suite 320 San Francisco,California 94111 Fremont,California 94539 Walnut Creek,California 94596 (415)3948000 (510)252-9200 (925)287-1713 } STATE OF California }ss. COUNTY OF San Francisco } On 646(44W ", :20?,Z before me, to C if i/ - L✓iaP ty� /f' YZY° � _. personally appeared pefzel --k-n wr-te- (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names),t!Vare subscribed to the within instrument and acknowledged to me that-he'fs+te/they executed the same in' Aie-64heir authorized capacity(ies), and that by N,,q/�ltheir 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. .. eeLINaA L.cHMN ( COMM.#1414M NOTART PUBLIC-CALWORNIA D tBy&CoMtY of San Francisca(� f COMK IEXP.FEB.20,2W2 Signature . ✓ - t (this area for oMcW nota W seal) t j�f tl cV C C'ey e / x F es:r 1 C�, tk 1 ? u 2 eye( Yy F��C s R 1•. Title of Document:," ��` Date of Document: (ev-, '3t y, tC. :4 roc% No. of Pages:< Other signatures not acknowledged: A) AGREEMENT (Payment for Off-Site Erosion Control Improvements) 1. PARTIES. Effective February X 2001,California Pacific flank,referred to as the "Subdivider"agrees to the following with the County of Contra Costa,referred to as the"County." 2. PURPOSE. The Subdivider is responsible to construct and pay for off-site erosion control improvements that may be required by the Flood Control District, as generally described in Condition of Approval No. 26.F., attached to the Contra Costa Community Development Department Approved Permit for Subdivision No.6844 and dated February 12, 1991. The purpose of this Agreement is to confirm that the Subdivider has provided an initial cash deposit to cover any County costs to review the scope of any such off-site erosion control improvements and that said amount may also be used as initial security to construct any approved off-site erosion control improvements. 3. EROSION CONTROL, IMPROVEMENTS. The Public Works Department has determined that in order to sufficiently comply with Condition of Approval No. 26.F. prior to approval of the final map for Subdivision 6844, the Subdivider shall make a cash deposit to the County in the amount of$50,000. Said cash deposit has been provided to the Public Works Department by the Subdivider. The scope of erosion control improvements, if any, that may be desired has yet to be determined by the Flood Control District. Said determination shall be made prior to issuance of any grading permit for Subdivision 6844. The scope of such off-site erosion control improvements, if any, to be constructed by the Subdivider, pursuant to Condition of Approval No. 26.F., shall be subject to review and approval by the Flood Control District. The Subdivider shall be obligated to pay all costs and expenses of the County in reviewing and approving such improvements and in inspecting their construction. The Subdivider is further F:\CLMLA129766\Agrmnt(Off-SiteErosionControilmprove-020901).wpd -1' obligated under all circumstances to pay for the costs and expenses of construction of all such approved erosion control improvements. 4. DEPOSIT OF ADDITIONAL SECURITY. Following approval by the Flood Control District of the erosion control improvements as described above, the Subdivider shall deposit with the County security in a form acceptable to the County for the estimated cost of the construction of the approved erosion control improvements. Said estimate and the form of security shall be subject to review and approval by the County prior to issuance of a grading permit for Subdivision 6844. With the submittal of such satisfactory security for the construction of any such erosion control improvements, any remaining balance of the cash deposit described above shall be returned to the Subdivider. 5. HOLD HARMLESS. The Subdivider agrees to defend,indemnify,save and hold harmless the County, its boards, officers,employees and agents from and against any and all costs, expenses or liability incurred by the County or the Subdivider in connection with the Subdivider's acts, errors or omissions pursuant to this Agreement. 6. SUCCESSORS. This Agreement shall bind and inure to the benefit of any successors of Subdivider who may hold title of the real property designated as Subdivision 6844. SUBDIVIDER CALIFORNIA PACIFIC BANK, A California Corporation Richard Chi President By. �. " h Nakamura .� 'Chief Financial Officer F:\CLMLA\29766\Agrmnt(Off-SiteErosionContro]Improve-020901).wpd -2- STATE OF CALIFORNIA } ss COUNTY OFNTR- T-A ) On February,.24:x, 2001, before me, a Notary Public, State of California,duly commissioned and sworn,personally appeared RICHARD CHI,personally known to me {or proved to me on the basis of satisfactory evidence} to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted, executed this instrument. WITNESS my hand and official seal. LeBELINDA L.CHI ' �+ NOTARY PUBLI"ALIFORN#A k} j 4 CRY&CaturtF of Ram FransJ%to — cowu .FEB.20,M2 N otary Public, State of CaI 1 ornla F:\CLMLA\29766\Agrmnt(off-SiteErosionControllmprove-020901).wpd -3- STATE OF CALIFORNIA ) ss COUNTY OFCNTRA;C-OST—) �L On February.., , 2001, before me, ;kyr , ' , a Notary Public, State of California,duly commissioned and sworn,personally appeared LARRY NAKAMURA,personally known to me (or proved to me on the basis of satisfactory evidence)to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity,and that by his signature on the instrument the person,or the entity upon behalf of which the person acted, executed this instrument. WITNESS my hand and official seal. 0 NOTARY PUBLIC-CAUFCROltk #Y t C�¢ptI Ot San Fraee»aa� XP.FM,20,zdoa Notary Public, tate oCalifornia F:\CLMLA\29766\Agrmnt(off-SiteErosionControlImprove-020901).wpd -4- t,: UN I Y 01'CLINTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER �' -1�r�'� l~`r� TO THE TREASURER: MARTINEZ,CALIFORNIA r RECEIVED FROM JAI j Contra Costa Count Public Corks 4 � `���� ORGANIZATION NUMBER ` 255 Glacier Dr. � 1 (For Cash Collection Procedures see County Administrator's Wlefin 105.) DESCRIPTION FUNE3/©RG. SIR ACCT 'TASK OPTION ACTIVITY AMOUNT Sale of Prints 000676 9931 REV 6P1086 $ 30x75 f 004530 6GO085 69,126 Sale Of Flans & Specs 004500 6AO196 18y04 f Sales Tax 100300 0637 9.'34 f CDD Comp Ck 003520 9660 REV 5BO60C 500 iW Escrow Cray, Moder%ck 004660 9191. 6X4287 671;58 f Escrow Pina, Pamela 671.158 f Escrow V , Alberto 670188 CRI962-C 1965 000651 9660 6LO88D 404'00 Lill f 0134 993 . 93=25 7s1C?0 �IS7-99 Light Fee 007394 9895 204,118 L,S7--99 DA13 007552 91.40 r HS7•-99 'dap Ck Fee 000651 9660 REV 6L0069 11005100 lr us t Fund, 819800 0800 3$2 �00 . ,. . 'S st Fut f 1 f EXPLANATION: TOTAL $ f 6—n&,Svcs. 1041541-1041547 No Voids DEPOSIT 66,589. 6 Records 10341794-11.041807 No Voids coruts flowing items Acct. 1041424-1041437 No Voids COIN and CURRENC $ 83.86 C1�CK5,M o $ 55 5.70 lff DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATIR A55,g473 JAN 25'01 The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above nt is hereby deposit into the County Treasury. ) acknowledged. Signed:�rL r+r,.._, "v n n i �..i pati` �5 1 t Acct C1e 3-) Signed La•. t Signed: Title: EXT. pe'' County 'for puty C T sorer D-34 RfV.(7-43) Eng Svcs Jeff Debra CDD Donna Azile (2) Frank Cindy Trust Fund 831000-0800 Total $ 8,100.00 G#1041547 $6,100.00 IVIS 18-98 Improvement Plan Check (Review) Ecumenical Assoc. For Housing BBA, Martin Mackey Development, 2169 E. Francisco Blvd., Ste. B, San Rafael, CA 94901 G#1041541 $2,000.00 Cash. Deposit, :Drainage Permit 412-00, (West America Bank) Contra Costa Water District, Attn: Manu Ankhad, PO Box H2O, Concord, CA 94524 Trust Fund 819800-0800 Total $53,204.00 G#1041545 $1,000.00 MS7-99 Cash Band, Pickett Development Co., 2703 Ridgeview Lane, Walnut Creek, CA 94598 G#1041546 $50,000.00 Sub 6844 Guarantee of Creek Improvement for Grayson Creek, California Pacific Bank, 601 Montgomery St., San Francisco, CA 94111 G#1041437602.00 Escrow Security Deposit Gary Roderick, 175 Frontage Rd., Unit 25, Pittsburg, CA 94565 and $602.00 Security Deposit Pamela Pina, .175 Frontage Rd., Unit 33, Pittsburg, CA 94565. Check From: Placer Title Co., 1981 N. Broadway, Ste. 302, Walnut Creek, CA 94596 G#1041435 $1,000.00 Escrow Security Deposit Alberto and Haydee Vanegas 2103 Gaff Street, Pittsburg, CA 94565 Check From: Placer Title Co., 1981 N. Broadway, Ste. 302, Walnut Creek., CA 94596