Loading...
HomeMy WebLinkAboutMINUTES - 07082003 - C5-C10 TME BOARD OF SUPERVISORS4F CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 8, 2003,by the following vote: A'C'ES: SUPERVISORS CI01A, UILKEM, AND GLOVER_. NOES: NODE ABSENT: SUPERVISOR MARK DESAULNIER ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO.20(131 434 SUBJECT: Approve the Drainage Improvement Agreement (DA 0013) for Subdivision 8508, being developed by Windernere BLC Land' Company, L.L.C., San Ramon (Dougherty Valley)area. (District III) The following document was presented for Board approval this date for Subdivision 8508,drainage improvement agreement file DA 0013,property located in the San Ramon.(Dougherty Valley)area, Supervisorial District M. A drainage improvement agreement with Windemere BLC Land Company,L.L.C.,principal, whereby said principal agrees to complete all improvements, as required in said drainage improvement agreement,within one year from the date of said agreement.Improvements generally consist of creek restoration improvements. Said document was accompanied by security to guarantee the completion of drainage improvements, as required by Title 9 of the County Ordinance Code, as follows: OriginaI hereby certify that this is a true and correct copy of an action Contact:ct (`313-3b3) taken and entered on the minutes of the Board of Supervisors on LTirro G:1GipAata\En Sva1HG1 00316-10-oauyn 19 110-20.&c the date shown. cc: Pubic Works- T.Bell;Construction T-May 10,2004 Windemere BLC Lana Company,L.L.0 Brian olin ATTESTED` JULY 08, 2003 San°CrowRamon,CA 94583 #310 JOHN SWEETEN, Clerk of the Board of Supervisors and Fidelity and Deposit Company of Maryland Patricia K B3ebner County Administrator 225 S.Lake Avenue,Suite 300 Pasadena,CA 92101 By Deputy RESOLUTION NO.2003/ 4 34 SUBJECT': Approve the Drainage Improvement Agreement (DA 0019) for Subdivision 8508, being developed by Windemere BLC Land Company, L.L.C., San Ramon (Dougherty Valley)area. (District DATE': July 8, 2003 PAGE': 2 1. Cash Bond Performance Amount: $4,670.00 Auditor's Deposit Permit No.DP405704 Date: May 22,2003 Submitted by: Windemere BLC Land Company,L.L.C. Taxpayer identification number: 94-329-15-16 II. Surety Bond Bond Company: Fidelity and Deposit Company of Maryland Bond Number and Date: 0864 1806 '`1VIay 14,2003 Performance Amount: $461,950.00 Labor&Materials Amount: $233,310.00 Principal: Windemere BLC Land Company,L.L.C. NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLMON NO 2003/434 DRAINAGE IMPROVEMENT AGREEMENT Subdivision. DA 0019 across-reference Subdivision 850$1 Effective Yate: Developer: Windemeiere RLC Land Comfy,L.L.C. Completion Period: I year WINDEMERE BLC LAND COMPANY LLC, THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California litnited liability Company By:LEN-OBS Windetnere,LLC, CONTRA COSTA COUNTY DEV PER A Delaware limited liability company Managing Member Maurice M.Shiu,Public Works Director BY:Lennar Homes of California,Inc., Managing Member 4(signature} RECOMMENDED FORA FROVAL (print name&Title) Don Larson,Vi President By: (signature' Engineeri S f9 ce ivision (print name&'ritle) Lyfin 7ochim,Asst.Secretary FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged.If Developer is incorporated,signatures must conform withdfie designated representative groups pursuant to Corporations CodeS313.) I. PARTIES&LATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Cou ,"and the above-named Developer,mutually promise and agree as follows concerning this acceptance: 2. IMPROVEMENTS.Developer agrees to install certain tiff-tract drainage improvements 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). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY.Upon executing this Agreement,the Developer shall provide as security to the County: A. For Perfo once and Guarantee: $4.670.00 cash,plus additional security,in the amount of$461,950.#1(3 together total one hundred percent(1 QQ%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check,or cashier's check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$233,310.00,which is fifty percent(50%)of the estimated cost of the work.Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer, the amount of the securities may be reduced in accordance with S94-4.406 and S94-4.40$of the Ordinance Code. .................................................................... ........................................................ .............................................. ..................... 4. GUARANTEE AND WARRANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. 5. IMPROVEMENT PLAN WARRANTY. Developer 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 development. If,at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the work as promised. 6. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement or acceptance of the whole or any part of said work and/or materials,or payments therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof, 7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are the County and its special district,elective and appointive boards, commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s)or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Developer,contractor,subcontractor or any officer,agent or employee of one or more of them. D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any indemnity has prepared,supplied,or reviewed 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 from any negligent or willful misconduct of any Indeninity. E. 1. Windemere BLC Land Company LLC("BLC")shall indemnify,defend and protect Contra Costa County("County')and the Contra Costa County Flood Control and Water Conservation District(collectively,"District")against,and hold County and District harmless from,any and all claims,costs,losses,liabilities,damages or other expenses(including attorneys fees and expenses),to the fullest extent not prohibited by applicable law,arising out of or alleged to arise out of BLC's activities under Section 5(c)of that certain"Supplement to Cooperation Agreement"dated June,2000, by and between BLC and Shapell Industries,Inc.("Shapell")including,without limitation,any claim, cost,loss,liability,damage or other expense arising out of any action or other proceeding brought by Shapell against County or District in connection with any act,approval or other requirement of County or District in connection with BLC's activities under the aforementioned Supplement to Cooperation Agreement. 2. BLC's obligations under Section I above shall exist regardless of concurrent negligence or willful misconduct on the part of the County or District or any other person;provided, however,that BLC shall not be requited to indemnify, protect,defend or hold County or District harmless to the extent any claims,losses, liabilities,damages or other expenses are attributable to the negligence or willful misconduct of County or District in maintaining or repairing improvements that have been offered for dedication to and accepted by County or District for maintenance. The obligations of BLC contained in the Agreement shall survive termination of the Cooperation Agreement and shall survive the dedication and acceptance of improvements by County or District. 8. COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 9. NON-PERFORMANCE AND COSTS. If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges incurred by the County(including,but not limited to:Engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently proceeds to complete the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 10. ASSIGNMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights,in accordance to the Dougherty Valley SG: GAGrpData\EngSvc\S1ava\Ga1e Ranch\DA 0016-Main Branch\DA 0016 AG-17.doc Rev.April 6,2000 ................ _. _... ....... .... ......... ......... ...._.... ..._..... ......... ...........-__.... ..... ........ .._..... ....... ....... ........ ....._... ........................ .__......_. .... . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ; ss. County of t on i �, li Q(l before me, t '^ Date Name and Tide of Officer(e.g.,"Sane Doel Notary Public") personally'a�peared iC Names)of 819ner(s) ' personally known to me ❑ proved to me on the basis of satisfactory evidence � to be the person(s) whose name(s) .isfare subscribed to the within instrument and T.AUSTIN acknowledged to me that 4e4al a/they executed Comrnisslar)# ?378739 the same in hieA#e�their authorized `°► Notary Public - California > capacity(ies), and that by hisihe/their Contra Costa County signatures) on the instrument the person(s), or MyComm.E)OesOct7,�� the entity upon behalf of which the person(s) acted, executed the instrument. WITNESSF,rny hand and official.seal. T Signature of Notary Pubhc c OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: ❑ Individual Top of thumb here LJ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator Other: Signer is Representing: 0 1999 National Notary Association 9350 De Soto Ave.,P.O.Box 2402-Chatswortn,CA 91313.2402•www.nationalnotary.crg Prod.No.5907 Reorder:Call Toll-Free 1.800-878-6827 . ..... CULiTY CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTRO1LER kv , TO THE TREASURER: MARTINEZ,CALIFORNIA RECEfM FROM ORGANIZATION NUMBER {For Cash Collection Procedures see County Administrator's Bulletin 105.} DESCRIPTION FUNDJORG. SUB. TASK OPTION ACTIVITY AMOUNT ACCT. Ill fill Ill 'A'131 C 0,75 53,1miaI 1 .: S 11111111114111 ' ' liftI i ` ' J J 21,E 1 clil'16 IECI Tl ' 74 4 fir'�1 l/M 1 a{..!/ I 4yJ b. rpyt,o EXPLANA ION: TOTAL $ " DEPOSIT Deposit consists of the following items COIN and CURRENCY $ f f � CHECKS,M.O.,ETC. $— Z=E04 '1 Ci. s ' / / BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY C✓` DEPOSIT PERMIT DP NUMBER 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 C `4 Sivc r to Signed' Sided' Tale: - U, icT. _ Deput wttp Aud' Deputy County Treasurer 0-34 REV.(7-93) f � 1 .✓�,, ' S�. tai A7-IL--- j f?(L 5 1 C4>264- j C7�b �p6 COUNTY OF CONTRA COSTA DEPOSIT PERMITr OFFICE OF COUNTY AUDITOR-CONTROLLE I? TO THE TREASURER: MARTINEZ,CALIFORNIA � C� RECENM FROM ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRfPTION FUND/ORG ACCT. TASK OPTION ACTIVITY AMOUNT $ fit . ..... . .:...... d ll&r75 w W !q ! t s t t i t ! t t i ! t t ! t t t t t t t t t i EXPLANATION. TOTAL $ t DEPOSIT ! Deposit consists of the following items COIN and CURRENCY $ CHECKS,M0.ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP J NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above a is hereby deposit into the County Treasury. acknow1 d0ed Ti Deputy unty Audit Deputy County Treasurer D-34 REV!(7-43) ( / P 39- 64+ 14. 74+ { ' G {!lGq ., , 6= 892 . 00 + X4 c) v(Di As 30s868 - 00+ • /-4 61262 . 00+ to.1L+ 9 . 74+ 11 . 91 + 500 . 00+ 10 - 00+ 5 0 + 2x425 . 00+ 3 2 5 + 35 , 944 . 98 + 1 2 • 9 9 + 5-75+ 28 - 15+##,, . �- `C.�{, • 9 9 + 5- 30+ Cts. 1 1 4 # 8 1 9 ° 3 9 o 8 1 # 2 . 55+ 4 3 3 0 * 52+ C-0.4 50 . 12+ 6 5 0 + . U . 50 . 12* �OLch50. 12- 5 7�3 7 0 • -(oval114819 . 39 5 8 + 6 o 262 • UU+ 1 2 9 9 30v868 - 00+ 2 5 ° 9 9 � 61892 ; OU+ 39 - 64+ 2 5 9 9 + 14 - 74+ �# G°► t� � t3 1 U • 3 8 4- �4 24 . 65+ 0 7 • 7 4 , 670 . 00+ jp3 0 • 31 24 , 500 - 00+ j rrt� 1 0 7 ;° J 7 + 2 * 5U0 • C10+ 5 0 ° 0 0 + 2 4 - 6 5 5 7 13 .. 7 24 . 65+ 6'J • (JJ � 34 . 64+ J JJ 11 - 91 + 10 - 00+ 007 5017 • U0+ 9 • fl 4+ 28 - 15+ t 35p944- 98+ 2x425 . 00+ 34 - 64+ Eli 0J � 0 • 114 , 819 - 39* u,J C� J � P "J;J J ,.3 0 JJ . ,j $yyy 34 . 64+ r. Y 34 - 64+ 2465+ 007 003 24 . 65+ aT`i' '� } ter ° 'FIs= ► 1 : JA ° ; 21500 . 00+ rr4* 500 -00+ € s r r : ._.:?, ... ,�.. 0682-9752 / 819200: 61116252, $1,900.00, Waterbird Way Vacation Apn 159-250-015-9 Applicant UDI-Tetrad Consulting Engineers, Inc. Conco Cement Co., 5151 Port Chicago Highway, Concord, CA 94520-1216 0649-9665 / 831000: 61116627;$6,262.00, Sub 8713 Landscape Plar, Check, Windemere BLC Land Co., LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G1116628 30.868.00, RA1142 Landscape Plan Check (81C), Windemere BLC Land Co., LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 61116629, $6,892.00, Sub 8714 Landscape Plan Check (81C), Windemere BLC Land Co., LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 61116634; $24,500.00, DG 0019 Phase III Main Branch Creek Improvements Drainage Acceptance Civil Inspection Deposit Windemere BLC Land Co., LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G1116635,-$2,500.00, DG 0019 Phase III Main Branch Creek Improvements Drainage Acceptance Plan Review Additional Deposit, Windemere BLC Land Co., LLC, 3130 Crow Canyon P1 #310, San Ramon, CA 94583 0649-9665 / 831000: G1116641,$500.00, Record of Survey deposit, Betty & Adrian Karris, 1166 Dunsyre Drive, Lafayette, CA 94549 0649-9665 / 831000: G1116644, $34.944.98, Sub 7553 Improvement Plan Checking Deposit, Discovery Builders, Inc. 4061 Port Chicago Hwy, Suite # H, Concord, CA 94520 0649-9665 / 831000: 61116645,$2,425.00, Sub 7553 Map Check Deposit, Discovery Builders, Inc. 4061 Port Chicago Hwy, Suite # H, Concord, CA 94520 Executed in Duplicate Development No. D.A 13019{Cross-Ref S'UB 8528) Soad: 0864 1806 Premium: $3, 34. 0 I.Ivli'R.DVEMENT SECLWFY BONI3 FOR DRAINAGE IMPILOVEM NT.AGREEMENT (faithful performance& maintenance,AND labor and materials) I. Q8UGA'Tlr lq. W} derriere BLC I.and Cginoan.X. L. -C- ,as Pdmipal,and Fidelitv and Paposit Company of Maryland , a corporation organized and existing under the laws of the Stag of Maryland and organized and existing tinder the laws of the State of California,as Surety,hereby jointly and severally bind: ourselves, our heirs, ekecaTors, administrators, successors and assigns to the County of Contra Costa, California to pay it, A. Faithful Performance,& Maintouauces Four HW dred Si&ry.SixOwe-ThousLxLd Nine Hundred Fi Dolled 001100 461.25Q00 ) for itself or any city-assignee under the below-cited . Drainage Improvement Agreement,plus B, Labor& Materials. Iwo hundred Thirry'Ilsree o TMre Hun ed Ten o 11ars.and OQ/ QQ (S ?3 '310.00 ?for the benefit of persons protected under Title 15 § et seq. of the California Civil Code. 7 RCffAL OF CONT .+C'T"; The principal con ctecl.with the County to install and pay for drainage and other improvements in (SLJB 8548) DA 0019 , as specified in the Drainage Improvements Agreement,and to complete said work within the time specified in tate Drainage Improvement Agreement for completion, all in accordance with State.and local taws and rulings thereunder in order to satisfy the conditions of approval for SLM 8508i darnre P I 3. CONDITION: If the principal faithfully perforins all things required according to the terms and conditions of said contract and improvement plan and improvements agreed on by tate principal and the County,then this obligation as to Section I-(A) above shall become dull and void, except that the guarantee of mainT.ewmte continues for the one-year period, and if principal fully pays the contraemrs, subcontractors, and persons renting equipment or t rrnishing labor or materials to them for said work and improvement,and protects The premises from claims ofsuch_liens,then this obligation as to Section I-(B)above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plansor specifications of said work agreed to by the principal and the county shall' relieve any surety from liability can this band; and consent is hereby given to make such alterations without f rcher notice to or consent by Surety; and the Surety hereby waives the provision of California Civil Code § 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and:agrees that if County sues on this bond, Surety will pay reasonable attorney fees fixed by court to be taxed'as costs and included in the judgement. l ....................... .............. ..................... ...........................-... ................................. 3. CONDuri A. -fhe Condition of this obligation as to Section 2.(A) above is such that if the above bounded s,administrators, successors or assigns, shalt in all things stand Principal,his or its heirs, executor to and abide by,and well and truly perform' and perform the covenants,conditions and Provisions in the any alteration thereof made as therein provided,on is or its Pan,to be kept and said agreement and performed at the time and in the manner therein specified,and in all respects according to thea tate intent and meaning, and shall indemnify and sive'hamless"the County of Contra Costa (or city assignee), its officers, agents and employees,as therein stipulated,then This obligation shalt become null and void; oxher-vise it shall be and remain in full force and effect. As pan of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable anorney'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. The condition of this obligation as to Section 2(B) above is such thaT said Mncipal and the undersigned as corporate surety are held firmly bound unto the County of Corant Costa and all contractors, subcontractors, laborers, material men and other persons employed in The performance of The aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the UnemPIOYmerlt Insurance Act with respeci to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to The fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County (or city assignee) in successfully enforcing such obligation,to be awarded and fixed by the court, and 10 be taxed as costs and to be included in the judgzmew therein rendered 11 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 ujider Title 15(commencing With Section ^>0&2)of Pan 4 of Division 3 of the Civil Code.so as to give a right of action to them or Their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then This obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the, principal and the County shall.relieve any Surety from liability on this bond; and consent is hereby given To make such,alteration,without further notice to or consent by Surety; and the Surety hereby waives the provisions of California Civil Code Section 2819,and holds 1=*If bound without regard to and independently of any action against,Principal whenever Taken. SIGN D AND SEon ALED an May 14, 2003 wINDEMERE BIC C FIDELITY AND DEPOSIT COMPANY PTUNCIPAILB -. 'Lennar o california, Inc. SURETY ND s na r By T ]3y-- Leawrence Thomps ice Presi Patricia H. Brebner, Attorney-in-Fact 3130 Crow Canyon, suite 300 225 S. Lake Avenue, Suite 700 Address ---QW, xon�A 9 58 �� Address Pasadena, CA 91101 - Low W0RD\1%N-W d& 13,NO ............. ...VVVV�—.............................0 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On May 16, 2003 before me, S. McDonald, Notary Public, personally appeared Lawrence H. Thompson, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. S. Mc DONALD commis an##1##12a 0 is 6" NotiW rc 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 CLAMED BY SIGNER SIGNER IS REPRESENTING: Corporate Officer—Vice'President Lennar Homes of California, Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Improvement Bond No. 0864 1806 Number of Pages: Two 2) Date of Document: May 14, 2003 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On May 14, 2043 before me, Alexis H.Bryan,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE.NOTARY PUBLIC" personally appeared Patricia H.Brebner NAMES)CSF SIGNERS) personally known to me-OR- ® proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. i ALE7t15 H.OBRYAN ���• � Comrnsssion#'13p6., x WITNESS my hand and official seat. Notary Pub4a-California orange County My Comm.Expires Jun 1,2005 NATURE FNOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TrrLE(S) ❑ PARTNER(S) 8 LIMITED 0 ATTORNEY-IN-FACT GENERAL ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-40671GEEF 2188 01993 NATIONAL NOTARY ASSOCIATION-8236 Rammet Ave.,P.O.Box 7184•Canoga Park,CA 91349-7184 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by M. P. HAMMOND, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2,of the By-Laws of said Company,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Patricia H. BRUNER, of Costa Mesa, Ca]ifarn' its true arta lawful agent and Attorney-in-Fact, to make, execute, seal and deliver, for, and on its behalf as surety, is act an o any and all bonds and undertakings and the execution of such bonds or undertakings in pursuant se prese all be as binding upon said Company, as fully and amply,to all intents and purposes, as if they had b y exec d acknowledged by the regularly elected officers of the Company at its office in Baltimore,Md., in t n pro pe r` ns. This power of attorney revokes that issued on behalf of Patricia H.BREBNER,dated March 1, I The said Assistant Secretary does hereby certify a extrac rth on the reverse side hereof is a true copy of Article VI, Section 2,of the By-Laws of said Company,and in force. IN WITNESS WHEREOF, the said V` sidentsistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the sai LITY NfEPOSIT COMPANY OF MARYLAND, this 28th day of September,A.D.2001. ATTEST: ' �j FIDELITY AND DEPOSIT COMPANY OF MARYLAND ��p DEDasy` /� moi' ryl' \V�7 By: T. E.Smith Assistant Secretary M. P. Hammond Vice President State of Maryland County of Baltimore ss' On this 28th day of September, A.D. 2001, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came M. P. HAMMOND, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Jt A NDTAW P1kA1.lC Carol J. Fader Notary Public My Commission Expires: August 1,2004 POA-F 012-5025M EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board,or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI,Section 2,of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 14th day of May 2003 Assistant Secretary CONTRA COSTA Co Recorder Off ice STEPHEN 1, UEIR, Clerk-Recorder THE BOARD Old"SUPERVISORS OF CONTRA COS, DOC- 2003-0 25876-00 Wednesday, JUL 09, 2003 09:03:22 Adopted this Resolution on July 8, 2003 by the following vote FRE $0.00 Tt 1 Pd $0.00 Nbr-9001597744 AYES: SUPERVISORS GIOIA, UILKEMA AND GLOVER 1 r c/R9/1-3 NOES: NONE ABSENT: SUPERVISOR MARK DESAULNIER ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO. 2003/ 435 SUBJECT: Correction of Error of Road Name on Resolution No. 2003/300 (Accepting Completion of Private Improvements for Minor Subdivision 21-98 being developed by Kent D. Randall, Jennifer Randall, Anthony E. Ghisletta and Sara Randall Ghisletta, Martinez area). (District II) The Public Works Director has notified this Board that certain information on the following Board Resolution was incorrect. NOW THEREFORE BE IT RESOLVED that on the recommendation of the Public Works Director the following resolution is hereby CORRECTED: AREA NO. DATE AS ACCEPTED AS CORRECTED Martinez 2003/300 May 13,2003 Fuller Oak Lane Fallen Oak Lane BE IT FURTHER RESOLVED that the improvements for Fallen Oak Lane are private and the road is NOT ACCEPTED NOR DECLARED to be a County road at this time. PE:rm G:\GrpData\EngSvc\Ba2003\7-8-03\MS 21-98 130-50.doc OrtgInator Public Warks(ES) Contact: Rich Lierly(313-2348) CC.* Public Works -SSN 567-33-8856,Accounting I hereby certify that this is a true and correct copy of an -T.Bell,Construction Div. -M.Valdez,M&T Lab action taken and entered on the minutes of the Board of -H.Finch,Maintenance Div. Supervisors on the date Shown. -1.Bergeron,Mapping Div. -P.Edwards,Engineering Services -T—5/13/04 Recorder(via Clerk,then PW Engineering Services Sheriff-Patrol Div.Commander ATTESTED: JULY08, 2003 CHP,c/o Al JOHN SWEETEN, Clerk of the Board of Supervisors CSAR—Cartog Kent D.Randall,Jennifer Randall,Anthony E.Ghisletta and County Administrator and Sara Randall Ghisletta 827 Sage Drive Martinez,CA 94553 Bank of Walnut Creek By ' ,Deputy John Assity 1400 Civic Drive Walnut Creek,CA 94596 RESOLUTION NO.2003/ 435 LIRA COSTA Co Recorder Office UEIR "'Re Recorded at the request of: DOC— 2�1�3-622435?-00 Contra Costa County Board of Supervisors Wodnn*ssday,, MAY 14, 2003 08:28:18 Return to: FRE $0." Public Works Department Tel Pd $#,N N3r-01 19$ Engineering Services Division Records Section 1 s•c lt9/1-2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on May 13, 2003,by the following vote: AYES. SUPERVISORS GIOIA, UIIREMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABS'T`AIN. NONE DISTRICT III SEAT VACANT RESOLUTION NO.20031 300 SUBJECT: Accepting completion of private and public improvements for MinorSubdiv sxon 21- 98,Martinez area. (District TI) The Public Works Director has notified this Board that the private(Fuller Oak Lane) and public (Alhambra Valley Road frontage) improvements in Minor Subdivision 21-98 Have been completed as provided in the Subdivision Agreement with Kent D. Randall, Jennifer Randall, Anthony E. Ghisletta and Sara Randall Ghisletta,heretofore approved by this Board in conjunction with the filing of the Parcel Map. PFJ.-m G:1GrpUata\F�ngSvctl GV00315-13-03\MS 21-98 8045.doc Orlgiasstor: Public Works(ES) Contact. Rich Liddy(313-2348) cc: Public Works -SSN 567-33-8856,Accounting I hereby certify that this is a true and correct copy of an action -T,sell,Construction Div. taken and entered on the minutes of the Board of Supervisors on -M.'Valdez,M&T Lab -H.Finch,Maintenance Div. the dater shown. -1.Bergeron,Mapping Div. -P.Edwards,F.nginecring Services AMSTED: MAY 13, 2003 -T–5/13114 Recorder(via clerk),then PW Engineering Services JOHN SWEE'T'EN,Clerk of the Board of Supervisors and Sheriff-Patrol Div.Commander County Administrator CI1P,c/o Al CSAA--Cwtog Kent D.Randall,Jennifer Randall,Anthony E.Ghisletta and Sara Randall Ghisletta $ .Deputy 827 Sage Drive Martincz,CA 94553 Bank of Walnut Creek John Assity 1400 Civic Drive Walnut Creek,CA 94596 RESOLUTION NO.2003/ 300 SUBJECT: Accepting completion ofprivate and public improvements for Minor Subdivision 21- 98,Martinez area. (District II) DATE: May 13, 2003 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of May 13,2003 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK March 19, 2002 Bank of Walnut Creek BE IT FURTHER RESOLVED the payment(labor and materials) surety for$59,850.00, Letter of Credit No. 100430 issued by the above bank be RETAINED for the six month lien guarantee period until November 13, 2003, at which time the Public Works Director is AUTHORIZED to arrange for the return of the letter ofcredit less the amount of any claims on file. BE IT FURTHER RESOLVED that the private improvements(Fuller Oak Lane)have been COMPLETED and the road is NOT ACCEPTED NOR DECLARED as a County road at this time. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established for the public improvements(Alhambra Valley Road frontage),and the$1,200.00 cash deposit(Auditor's Deposit Permit No.381938,dated Februray 21,2002)made by Kent D.Randall and the performance/maintenance surety for$4,815.00,Letter of Credit No. 100430 issued by Bank of Walnut Creek be RETAINED pursuant to the requirements of Section 944.106 of the Ordinance Code until release by this Board. RESOLUTION NO. 2003/300 c 7 ot THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on July 8, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKRvA, AND GLOVER NOES: NONE ABSENT: SUPERVISOR MARK DESAULNIER ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO. 20031436 SUBJECT: Releasing Letter of Credit,Minor Subdivision 39-87,Alamo area. (District On September 14, 1993,this Board approved the Subdivision Agreement with Peter Ostrosky and Shirley Nelson for Minor Subdivision 39-87. On February 27, 1997 this Board amended said Subdivision Agreement to allow Letter of Credit,dated January 31, 1996,issued by East County Bank with Peter Ostrosky and Shirley Nelson as principal in the amount of$51,000.00 forperformance and$26,004.00 for labor and materials,to be the new bond requirements. On November 5,2002 this Board resolved that the improvements in Minor Subdivision 39- 87 were completed for the purpose of establishing a terminal period for the filing of liens in case of action under said Subdivision Agreement. NOW THEREFORE BE IT RESOLVED that the six-month lien guarantee period has ended. BE IT FURTHER RESOLVED that there is no warranty period and the Public Works Director is AUTHORIZED to arrange for the return of the Letter of Credit and the Subdivision Agreement is EXONERATED. PE:rm o:\crpDatalEngsvc\BO\200317-8-031MS 39-87 BO-60.doc 1 hereby certify that this is a true and correct copy of an originator: Public Works(ES) action taken and entered on the minutes of the Board of Contact: Rich Lierly(313-2348) Supervisors on the date shown. cc: Public Works -Accounting -M.Valdez,M&T Lab -T.Bell,Construction JULY 0$ 2003 -P.Edwards,Engineering Services ATTESTED: Current Planning,Community Development JOAN SWEETEN, Clerk of the Board of Supervisors Peter Ostrosky 17 Sugarloaf Terrace and County Administrator Alamo,CA 94507 Shirley Nelson 103 Lark Court ,. Alamo,CA 94547 f City National Bank By. , Deputy International Department `* 606 Olive Street,Suite 300 Los Angeles,CA 90014 RESOLUTION NO.2003/ 436 CONTRA COSTA Co Recorder Office STEPHEN L. WEIR Clerk-Recorder (, . DOC— 2003-0325875-00 Recorded Cra Costa County t the request o€: CoWednesday, JUL 09, 2003 09:03:19 Con Ret n°QFRE $0.00 Supervisors Tt 1 Pd $0.00 Nbr-0001597737 Public Works Department 1 r C/R S/1—2 Engineering Services Division Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 8, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, AND GLOVER NOES: NONE ABSENT: SUPERVISOR MARK DESAULNIER ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO.2003/437 SUBJECT: Accepting completion of private improvements,Minor Subdivision 97-89,Martinez area. (District Ii) The Public Works Director has notified this Board that the private improvements in Minor Subdivision 97-89, private road, have been completed as provided in the Subdivision Agreement with Mark E. Tompkins and Dorman Johnson, heretofore approved by this Board in conjunction with the fling of the Subdivision Map. PE:rm G:\GrpData\EngSvc\BO\2003\7-8-13\MS 97-89 B0 45.doc Originator: Public Warp(Es) I hereby certify that this is a true and correct copy of an Contact: Rich L545-erly 4-6721,A action taken and entered on the minutes of the Board of cc: Public Works -SSN 545-D4-6721,Accounting T.Bell,Construction Div. Supervisors on the date shown. M.Valdez,M&T Lab P.Edwards,Engineering Services JULY {)$ � � -H.Finch,Maintenance Div. ATTESTED: 1.Bergeron,Mapping Div. JOHN SWEETEN Clerk of the Board of Supervisors and Recorder(via 'lerk),then PW Engineering Services y p Sheriff-Patrol Div.Commander County Administrator CHP,c/o Al CSAA—Cartog Mark E.Tompkins&Norman M.Johnson 2125 Pine Street Martinez,CA 94553 BY , Deputy Gulf Insurance Company .,i 101 West Broadway,Suite 700 San Diego,CA 92101 Denis Davis 1636 Pacheco Blvd. Martinez,CA 94553 RESOLUTION NO.2003/437 SUBJECT: Accepting completion of private improvements,Minor Subdivision 97-89,Martinez area. (District II) DATE• July 8, 2003 PACE: 2 NOW THEREFORE BE IT RESOLVED that the private improvements have been COMPLETED as of July 8,2003 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision.Agreement: DATE OF AGREEMENT NAME OF BA1N /SURETY October 27, 1998 Gulf Insurance Company (Amended July 9, 2002) BE IT FURTHER RESOLVED the payment(labor and materials) surety for$139,500.00, Bond No.BE2626265 issued by the above surety be RETAINED for the six month lien guarantee period until January 8,2004,at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the private improvements have been COMPLETED and the road is NOT ACCEPTED NOR:DECLARED as a County road at this time. BE IT FURTHER RESOLVED that there is no warranty period required, and the Public Works Director is AUTHORIZED to refund the$2,000.00 cash security for performance(Auditor's Deposit Permit No.319488,dated September 8, 1998)plus interest in accordance with Government Code Section 53079, if appropriate, to Mark E. Tompkins pursuant to the requirements of the Ordinance Code. BE IT FURTHER. RESOLVED that there is no warranty period required, and the surety (performance)bond is EXONERATED. RESOLUTION NO. 2003/437 Illl�lllllllt I II I{I Iill if lt�l{�I IIl I f CONTRA 11'R R STEPHENecorderOffice C. C1erk-ReCorder Recorded at the request of: 1)00— )00 ^s00� � Contra Costa County Wedntsd#y, JUL 090325 Board of Supervisors Return to �lRe $0.00 , 2003 09:01:40 Public Works Department Tfl Pd Engineering Services Division $0.00 Nbr-061597712 Records Section I r C THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 8, 2003 by the following vote: AYES SUPERVISORS GIOIA, UILKEMA, AND GLOVER NOES NONE ABSENT: SUPERVISOR MARK DESAULNIER ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO.2003/438 SUBJECT: Acceptance of Instrument for Offer of Dedication for Trail Easement, for Road Acceptance 1136 (Cross-reference SUB 8105), being developed by Shapell Industries of Northern California,A Division of Shapell Industries, Inc., a Delaware Corp., San Ramon(Dougherty Valley) area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT REFERENCE GRANTOR AREA DISTRICT Offer of Dedication RA 1136 (Cross- Shapell Industries of San Ramon III for Trail Easement Reference SUB 8145) Northern California (Dougherty Lilac Ridge Road A Division of Shapell Valley) Trailhead Industries, Inc., a APN 222-010-025 Delaware Corp. LT:rm I hereby certify that this is a true and correct copy of an 0:\GrpData\EngSvc1130\2003\7-8-031,RA 1136 BO-30.doe action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: Teri Ric (313-2363) Supervisors on the date shown. cc: Recorder(via Clerk of the Board)then PW Records Current Planning,Community Development Department Shapell Industries of Northern Califomia Sam Worden ATTESTED: JULY 08, 2003 paiMilpitas Blva.� tJOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By , Deputy .RESOLUTION NO.2003/ 438 Recorded at the request of: Contra Costa County Engineering Services Division Return to: Contra Costa County Public Works Department Records Section Area: San RamQn(Dougherty Valley) Road: Lilac RidE.Road Trailhead Co. Road No.:RA 1135 Development No.: SUB 8105 APN: 222-010-025 OFFER OF DEDICATION-TRAIL EASEMENT Shapell Industries of Northern California,a Division of Shapell Industries,Inc.,a Delaware Corp,, the undersigned, being the present title owner of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication to the public and to Contra Costa County and its successors or assigns,an easement for public use for trail purposes,over the real property situated in the County of Contra Costa, State of California,described in Exhibit"A"(written description)and shown on Exhibit "B" (plat map) attached hereto. It is understood and agreed that Contra Costa County and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offeredparcel of land or any improvements thereon or therein until such offer has been accepted by appropriate action of the Board of Supervisors, or of the local governing body of its successors or assigns. In the event Contra Costa County, or its successors and assigns, on behalf of the public, should determine that the use of said property or any portion thereof is no longer needed, the rights herein given shall terminate as to those portions not needed and revert to the undersigned owner or its successors or assigns. The provisions hereof shall inure to the benefit of and be binding upon heirs,successors,assigns,and personal representatives of the respective parties hereto. The undersigned executed this instrument on_ C77 155— ��J (Date). (sign«ure) -�-�--�, t CXc . V. . (Signnture) (See attached notary) ru !'� Wes+-MYL G:(GrpDutslEngSvcTornul0PWORD\OF-13.doc ("�c�7�• .7t✓`C.-T t Rev.May 22.2003 5-20-2003, F.C.I. SUBDIVISION 8105--LOT 150 EXHIBIT"A" DESCRIPTION TRAIL EASEMENT REAL PROPERTY SITUATE IN THE COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA,BEING OVER AND ACROSS A PORTION OF THAT CERTAIN PARCEL OF LAND KNOWN AS: LOT"950"OF "SUBDIVISION 8105- CEDAR RIDGE AT GALE RANCH"AS FILED ON THE 117TH DAY OF JANUARY, 19991N BOOK 406 OF MAPS,AT PAGES 24 TO 54,INCLUSIVE, CONTRA COSTA COUNTY RECORDS, FOR PURPOSES OF A TRAIL EASEMENT, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHERN BOUNDARY OF AN EXISTING 10.00 FEET"TRAIL EASEMENT" ("TEj INTERSECTING WITH THE WESTERN PROPERTY LINE OF THAT CERTAIN PARCEL OF LAND KNOWN AS: "PARCEL Z'" OF "SUBDIVISION 7984, MONARCH AT GALE RANCH"AS FILED ON THE 28TH DAY OF OCTOBER, 2002 IN BOOK 448 OF MAPS, AT PAGES 29 TO 74, INCLUSIVE, CONTRA COSTA COUNTY RECORDS; THENCE DEPARTING FROM SAID INTERSECTION ENTERING AND TRAVERSING THROUGH SAID LOT"150"THE FOLLOWING THREE(3)COURSES: (1) ALONG THE SOUTHWESTERLY PROLONGATION OF SAID SOUTHERN EASEMENT BOUNDARY SOUTH 50°08'12"WEST 29.37 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE TO THE LEFT; THENCE (2) ALONG SAID CURVE HAVING A RADIUS OF 3.00 FEET, A CENTRAL ANGLE OF 30°07'54", AND AN ARC LENGTH OF 1.58 FEET TO THE BEGINNING POINT OF A TANGENT LINE;THENCE(3)ALONG SAID TANGENT LINE SOUTH 20000'18"WEST 4.95 FEET TO A POINT ON THE SOUTHERN PROPERTY LINE OF SAID LOT"950"(ALSO BEING THE NORTHERN RIGHT-OF-WAY LINE OF "LILAC RIDGE ROAD';THENCE ALONG SAID SOUTHERN PROPERTY LINE(ALSO BEING THE NORTHERN RIGHT-OF-WAY LINE OF"LILAC RIDGE ROAD'S NORTH 69°5942"WEST 10.00 FEET TO A POINT ON A PARALLEL LINE MEASURED 10.00 FEET PERPENDICULARLY INA WESTERLY DIRECTION FROM THE AFORESAID 4.95 FEET LINE;THENCE DEPARTING FROM SAID SOUTHERN PROPERTY LINE RE-ENTERING AND TRAVERSING THROUGH SAID LOT "150"THE FOLLOWING THREE(3)COURSES: (4)ALONG SAID PARALLEL LINE NORTH 20000'18"EAST 4.95 FEET TO A POINT OF CURVATURE OF A TANGENT CURVE TO THE RIGHT, SAID CURVE BEING CONCENTRIC AS MEASURED 10.00 IN A WESTERLY DIRECTION FROM THE AFORESAID 3.00 FEET RADIUS CURVE;THENCE(5)ALONG SAID CONCENTRIC CURVE HAVING A RADIUS OF 13.00 FEET,A CENTRAL ANGLE OF 30007'54", AND AN ARC LENGTH OF 6.84 FEET TO THE BEGINNING POINT OF A TANGENT LINE AND SAID POINT BEING ON THE SOUTHWESTERLY PROLONGATION OF THE NORTHERN EASEMENT BOUNDARY OF SAID "TRAIL EASEMENT"("TEJ;THENCE(6)ALONG SAID TANGENT AND PROLONGATION UNE NORTH 50008'12"EAST 37.72 FEET TO A POINT ON THE EASTERN PROPERTY LI NE OF SAID LOT-150-(ALSO BEING THE WESTERN PROPERTY LINE OF SAID PARCEL'Z"j;THENCE ALONG SAID EASTERN PROPERTY LINE SOUTH 0°00'00" WEST 13.03 FEET TO SAID POINT OF BEGINNING. CONTAINING 427 SQUARE FEET, 0.010 ACRES, MORE OR LESS. [SEE"EXHIBIT'B'"ATTACHED AND BY THIS REFERENCE MADE OF A PART HEREOF1. END OF DESCRIPTION �t0NA PREP ED EXPIRES. 12-31-2004 FRED C. ING ICENSED �°` " .,. DATE PROFESSIONA LAND SURVEYOR No. 5859, LICENSE EXPIRES: 12-31-2004 G:AdminUobs-99t9910841Survey*ail-esmt.doc Ruggeri-Jensen w Azar&Associates 4690 CHAsoF UF21vE,Stint`200,PLEASANTON,CA 94588 PHONE.' (925)227-9100 • FAx: (925)227-9300 PAGE 1 OF 1 EXHIBIT "8" LOT 150 �9 SUBDIVISI0N 8105 405 M 24-51 00V0100" E 13.(33' / 2,009.46(r) A=30*07'54" ,��j, �' S� �old, P.O.B. R=1300' PARCEL Z L=6.84 SUBDIVISI0N 7984 N 20'00'18" W 448 M 89--74 4.95 =30"07'54" N R=3.00 L=1.58' -----2—N 20VO'18" E 1p00 4.95' SUBDIVISI0N 7795 895 M 47 PARC'E'L B SUBDIVISION 7984 448 M 29--74 1 1 0 10 20 30 LEQAM P.O.B. POINT OF BEGINNING I inch 10 ft. TE TRAIL EASEMENT PATH: G.\Goteph2\991084e(\PO TRNL\PtArS–LEGALS\TML—F-ASEMENT.awg PLAT TO ACC0MPANY LEGAL DESCRIPTION +ICTI SHEET 2 OF 2 RA 1136 - GALE RANCH - PHASE 2 ensen TRAILEASEMENT �+cr�e9 � tI. �:�a� .s-r»o • F�rc�o�.sf}o�—fiea"W SCALE. DACE. JOB NO.. CPPV OF SAN RAYON, CONTRA COSTA COUNTY CALIFORNIA 1" - 10' 05-20-03 991084 TRAIL_EASEMENT. txt ---------------------------_------------------------------------------- Parcel name: TRAIL EASEMENT North: 469439 .2822 East : 1587527. 1495 Line Course : S 50-08-12 W Length: 29 .37 North: 469420 .4573 East : 1587504 . 6058 Curve Length: 1 . 58 Radius : 3 .00 Delta: 30-07-54 Tangent: 0 .81 Chord: 1 . 56 Course: S 35-04-15 W Course In: S 39-51-48 E Course Out : N 69-59-42 W RP North: 469418 . 1546 East : 1587506 .5286 End North: 469419 . 1809 East : 1587503 .7097 Line Course: S 20-00-18 W Length: 4 . 95 North: 469414 . 5295 East : 1587502 .0163 Line Course: N 69-59-42 W Length: 10.00 North: 469417 . 9506 East : 1587492 .6196 Line Course: N 20-00-18 E Length: 4 . 95 North: 469422 . 6019 East : 1587494 . 3130 Curve Length: 6 . 84 Radius : 13 . 00 Delta: 30-07-54 Tangent: 3 .50 Chord: 6 . 76 Course: N 35-04-15 E Course In: S 69-59-42 E Course Out : N 39-51-48 W RP North: 469418 . 1546 East : 1587506 . 5286 End North: 469428 . 1331 East : 1587498 . 1962 Line Course: N 50-08-12 E Length: 37 .72 North: 469452 . 3100 East : 1587527 . 1491 Line Course: S 00-00-00 W Length: 13 .03 North: 469439 .2800 East : 1587527 . 1491 Perimeter: 108 .43 Area: 427 sq. ft. 0 . 01 acres Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0 . 0023 Course: S 08-22-46 W Error North: -0 . 00224 East -0. 00033 Precision 1 : 47, 147 . 83 Page 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California �� :County of `;--' ��� ti v '— ss. On before me, 3 Date Name and Title of Officer(egg.,r'Jane Doe,N=291= personally appeared Name(s)or 3fgnegrt) ersonally known to me CD proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) +Gare subscribed to the within instrument and acknowledged to me that I;efahefthey executed JA+NICE T KRUSE the same in �hfsyftei^ftheir authorized _ Co nfrfssfon#13 97 capacity(ies), and that by WeAwfytheir Notwy Public.Callfosignature(s)on the instrument the person(s),or as r"Clam county the entity upon behalf of which the person(s) WCorrrn. tAu#24.2pp5 acted, executed the instrument. ITNESS my hand and of)'cial seal, Signature of Notary Public OPTIONAL Though the information below is not required by taw,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this roan to another document. Description of Attached Document Title or Type of Document: '� r�-^�ij 1 - �E _ E E-m eAT I 51�1 G Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: MEN ,�lDoI,�ndlvidllal l� ,i t� Top of thumb here � Corporate Officer—Title(s): f �� v _ SJT © Partner—0!`united 0 General © Attomeyan•Fact © Trustee © Guardian or Conservator © tither: Signer Is Representing: 01999 Nakonai NotaryAssociation•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313@402•www,naOonatnolary.org prod.No.5907 Roorder.Call Toe•Fraa 1.800.876-6827 ......... ...... . ............. . .......... ......... . ...... ........ .......... .. ...... ......... ......... ......... ......... ._. ff _ ! ( .....#.... I......... ......... ......... ......... CONTRA COSTA Co Recorder Office STEM L, UEIR Clerk-Recorder ,Contra Costa ded ta County.t the request of: C-ant OC— 200 0325874-00 10 Board of Supervisors Wednesday, JUL 09, 2003 09:02:47 Return to, FRE $0.00 T Public Works Department 1 t I Pd $0.00 Nbr-000159712$ Engineering Services Division Records Section Ire/RS/1-13 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on July 8, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKHgAA, AND GLOVER NOES:' NONE ABSENT: SUPERVISOR MARK DESAULNIER ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO.2003/439 SUBJECT: Accepting completion of private and public on-site improvements, Declaring the widening of Stone Valley Road as county road and Approving a Drainage Improvement Agreement for off-site creek improvements,Subdivision 7387,Alamo area. (District III) The Public Works Director having notified this Board that the private(Justin Morgan Drive, Copenhagen Court and private driveway) and public (Stone Valley Road widening) on-site improvements in Subdivision 7387 have been completed as provided in the Subdivision Agreement with Alamo Highlands,LLC,heretofore approved by this Board in conjunction with the filing of the Subdivision Map. The Public Works Director having also notified this Board that the off-site improvements, previously provided in the Subdivision Agreement with Alamo Highlands,LLC,will be constructed as part of the Drainage Improvement Agreement presented for Board approval this date. C:\GrpData\EngSvc\BO\2003\7-8-03\SUB 7387 B0-24.doc CL:PE:nn Originator:' Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Brian Balbas(313-2284) action taken and entered on the minutes of the Board of cc: Public works -Accounting Supervisors on the date shown. -Construction Alamo Highlands,LLC Peter Branagh 3201 Danville Blvd.,#170 ATTESTED: JULY 08, 2003 Alamo, Sand I Developers Surety and Indemnity Company JOHN SWEETEN, Clerk of the Board of Supervisors Frank R.Olsson and County Administrator 3100 Oak Rd.,Ste.260 Walnut Creek,CA 94596 Frontier Pacific Insurance Company By ' f . . , Deputy Gregory M.Pribyl 4250 Executive Square,Ste.200 La Jolla,CA 92037 RESOLUTION NO.2003/ 439 SUBJECT: Accepting completion of private and public on-site improvements, Declaring the widening of Stone Valley Road as county road and Approving a Drainage Improvement Agreement for off-site creek improvements,Subdivision 7387,Alamo area. (District III) DATE: July 8, 2003 PAGE: 2 A Drainage Improvement Agreement with Alamo Highlands,LLC,subdivider,whereby said subdivider agrees to complete all off-site creek improvements as required in said Drainage Improvement Agreement within one year from the date of said agreement. Said document was accompanied by the following: Security to guarantee the drainage improvements as required by Title 9 of the County Ordinance Code, as follows: a. Cash bond (Auditor's Deposit Permit No. 318499, dated August '17, 1998 in the amount of$8,700.00,made by Alamo Highlands,LLC. b. Additional security in the form of a corporate surety bond dated April 30,2003,and issued by Developers Surety and Indemnity Company (Bond No. 868088P) with Alamo Highlands, LLC as principal, in the amount of $58,300.00 for faithful performance and$33,500.00 for labor and materials. All deposit permits are on file with the Public Works Department. NOW THEREFORE BE IT RESOLVED that the private and public on-site improvements have been COMPLETED as of July 8,2003 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANKISURETY September 22, 1998 Frontier Pacific Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials)surety for$435,550,Bond No.SD 00031944 issued bythe above suretybe RETAINED for the six month lien guarantee period until January 8,2004, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the private improvements have been COMPLETED and the roads are NOT ACCEPTED NOR DECLARED as County roads, at this time. BE IT FURTHER RESOLVED that the public improvements,the widening of Stone Valley Road,is ACCEPTED and DECLARED to be County road,as shown and dedicated for public use on the final map of Subdivision 7387 filed October 27, 1998,in Book 404 of maps at page 1,Official Records of Contra Costa County, State of California. RESOLUTION NO. 2003/439 ...........................................................-... ...........I.................................. ............. SUBJECT: Accepting completion of private and public on-site improvements, Declaring the widening of Stone Valley Road as county road and Approving a Drainage Improvement Agreement for off-site creek improvements,Subdivision 7387,Alamo area, (District III) DATE: July 8,2003 PAGE: 3 BE IT FURTHER RESOLVED that the warranty period has been completed and the performance surety bond is EXONERATED. BE IT FURTHER RESOLVED that said Drainage Improvement Agreement is APPROVED. BE IT FURTHER RESOLVED that the $8,700 cash bond submitted for the Subdivision Agreement (Auditor's Deposit Permit No. 318499, dated August 17, 1998) made by Alamo Highlands, LLC be HELD until all off-site creek improvements for the Drainage Improvement Agreement have been completed. RESOLUTION NO. 2003/439 D AWAc:EIMEMY- MENTAGREIMENT Subdivision: 1387_ Effective Date: \_ i �'1 " , C._5._.t_t 7 Developer: Alamo Highlands, LLC Completion Period: I year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO— CONTRA COSTACDEVELOPER Alamo Highlands, LLC a Maurice M.Shiu,Public Works Director California Limited Liability Company By: Branaah Development, Inc. Its �1,� Manager By: (Print Nano and Title) RECQMMEN12E 'V Peter W. Branagh, President By: (sip—) 1 ng Services Division (Pitot Name and Title) FORM APPROVED, victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged If Developer is incorporated,signatures must conform with the designated rept entative groups pursuant to Corporations CodeS313.) 1. T &DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County,"and the alcove-named plyeloM mutually promise and agree as follows concerning this acceptance: 2. IMPROVEMENTS.Developer agrees to install certain off-tract drainage improvements and such other improvements(including appurtenant equipment),es 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). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMP&QVEMENT SECURMY.Upon executing this Agreement,the Developer shall provide as security to the County: A. For Performance and Guarantee: $ ft. 7 0 0- 0 Q cash,plus additional security,in the amount of$.58,P_300.00 together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check,or cashier's check. X_ Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year atter its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of S 330E=Q0 which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer, the amount of the securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 4. GUARANTEE AND WA$RANTY OF WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 464.6,"Acceptance,"of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. S. IMPROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the work as promised. 6. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terns and conditions hereof. 7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County and its special district,elective and appointive boards, commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s)or other proceeding(s)concerning said liabilities and claims. C. The actions causingliabilityare any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Developer,contractor,subcontractor or any officer,agent or employee of one or more of them. D. N28-C ASditions: The promise and agreement in this section are not conditioned or dependent on whetter or not any indemnity has prepared,supplied,or reviewed 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 from any negligent or willful misconduct of any Indemnity. 8. COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 9. NON-PERFORMANCE AND COSTS. If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the work,the County may proceed to complete andfor maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges incurred by the County(including,but not limited to:Engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently proceeds to complete the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 10. ASSIGNMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights. RL.-:kw GAGrpDaUTngSvc\FornmAG wORMAG-17.doc Rcv.April 6,2000 .................................................................................................................................................................................................. ............................................................................................................................................................................................................................................................................................................................ CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF _Contra Costa ) Anne Mc Neill, Notary Public Can Ayri,l, 3(}, 2003 before me, , DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC" personalty appeared, Peter W: .Branagh personalty known to me(or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/ they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)'on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument. WITNESS camhand and official seal. At�E 1�1�f- cow.#]245729Jl� z4j (SEAL) svotaasra NOTnIY c9M1 JDA L2. OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S)OTHER THAN NAMED ABOVE RESOLUTION ADOPTED BY THE BOARD OF DIRECTORS OF BRANAGH DEVELOPMENT, INC. A California corporation WITHOUT A MEETING, BY UNANIMOUS WRITTEN CONSENT: BE IT RESOLVED, that PETER.W. BRANAGH, PRESIDENT of this corporation is here by authorized to complete, execute, and file on behalf of this corporation Drainage Improvement Agreement to final ALAMO HIGHLANDS, TRACT NUMBER 7387 for Issuance of a final inspection from the county of Contra Costa and prepare or cause to be prepared and filed such other documents take such action with respect thereto as may be necessary or deemed by him to be properly in connection therewith. IN WITNESS WHEREOF, this Certificate has been executed and the corporate seal hereto affixed on the 1 st day of May 2003. WlIXIAM BRANAGH, Vice President THOAs 'RANA H, Secretary PETERW.BRA GH, President To TWE RLCEIi�71rRC�hA �: � � c�� ��} ��-,.� •, .,�.: e`eCt ' ♦.:.is ,.3 Tr.K.,�{ Ir I. 1 f LL,p-x�+ ' C+Tatra<COBtB..CgMt y public'.W0rkj,1. .., TIS �hpu�Caoiionl 'R IC "��� x 4 �+ ��'J' Glacier Dr.... .tinea 94553 DWRIPTION n!3 1 $132 Ma Ck Fee NS Sub # S135 MapCSC Fee Cash Borxi 0-wo .. 1 i t t ! 1' 1 i ! ! i' ! i i . 1 i , 1 1 EXPLANATION: TOTAL S a .. E . Svc 2 - 277764 No Voids DEPOSIT 15 $2 .00 Cash B6nd 8198th...-. 08W G#_ 977764 z700'*0}. _ Depos►t Consists of thesilh-2387 Tax s -M-fia=04D5442 CORY mrd CURREkCY $. Alemo 1� ,,. 3241 1anVille- Blvd,.,, Ste. 170 CHECKS,Ma ETC. $ BANK DEPOSITS $ FOR AUCMQR-Cd14fibUER'U,.MY. . DEPOSIT PERMIT ► Nt"ER AssIGNEb �_�. T1w amour+t of mmey fid;;;;is for. Tnxaixar's receipt of DATE P9, abate anwurt is is aL /'�...w*y ms's€ Irer \ deposit Trona EXX � . rte. Acct Clerl —2344 VIVO - � �. ti >-34M(7-93) #7387 Development No: Alamo Highlands, LLC Bond: 868088P Premium: $1,072.00 IMPROVEMENT SECURITY BOND FOR DRAINAGE IMPROVEMENT AGREEMENT (faithful performance&maintenance,AM tabor and materials) L QBLLGATION: Aiamp urrxr nbrr,c r.T,(- _ (Princil2al), as Principal.and Developers Surety and Indemnity Company f Surety) a corporation organized and existing under the taws of the State of Iowa and organized and existing under the laws of die State of California, as Surety, hereby jointly and.scverally bind ourselves, our heirs, executors, administrators,successors and assigns to the County of Contra Costa, California to pay it; A. Faithful Performance, & Maintenance: Fifty-eight Thousand Three ffUndred&u0/1 0i ($ 5 8, 30 0,.0 t3 l for itself or any city-assignee under the below-cited Drainage Improvement Agreement, plus B. Labor& Materi:als: Th eri.t:V-'thrf1e T�'outgaCXd_F? ZR H11nrJrP_d R NC]I1firl _ ($__33,500.00 )for the benefit of persons protected under Title 15 § et seq. A of the California Civil Cade. 2. RECITAI,OF CONTRACT: The principal contracted with the County to install and pay for drainage and other improvements in , Alamo on stone Valley Road , as specified in the Drainage Improvements Agreement, and to complete said work within the time specified in the Drainage Lnprovement Agreement for completion; all in accordance with State and local laws and ridings thereunder in order to satisfy the conditions of approval for #7.387 Alamo Highlands, LLC 3. COQ IUM.;If the principal faithfully performs all things required according to the terms and conditions of said contract and improvement plan and improvements agreed on by the principal and the County, then this obligation as to Section l-(A) above shall become null and void, except that the guarantee of maintenance continues for the one.-year period, and if principal fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens,then this obligation as to Section l-(l3)above shall become null and void;otherwise this obligation remains in full f'orce.and effect. No alteration of said contract or any plans or specificittions of said work agreed to by the Principal and the county shall relieve any surety from liability on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provision of California Civil Code § 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond, Surety will pay reasonable attorney fees fixed by court to be taxied as costs and included in the judgement. 3. CONDITION' A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal,his or its heirs, executors,administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof matte as therein provided, on is or its-part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning, and shalt indemnify and save harrriless-the County of Contra Costa (or city assignee), its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County (or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors,subcontractors, laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnishod or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact . amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. it is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully Performed then this obligation Shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by Surety;and the Surety hereby waives the provisions of California CivilCode Section 2819,and holds itself bound without regard to and independently of any action against Principal whenever taken. SIG1 ND �'A EM on April 301 2003 PRI I, ALAMO HIGHLANDS, LLC SLTRETSI Develo ers SijzvW and Indemnity compan, $y By Frank R. sson - Attorney-in-fact Address 3100 oak Rd. , Ste.9260 Address 3201 Danville B3vd. 170 Walnut Creek, 4596 :MW Alamo, CA 94507 G22tti SriYwmeEtN WORDDN-f0.dos e CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of CALIFORNIA County of CONTRA COSTA On 4-:30-03 before me, M. A. ATWATBR, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E.G.."JANE DOE,NOTARY PUBLIC- personally appeared _ Frank R. Olsson NAME(S)OF SIGNER(S) EN 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 bis/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. At12M CaWITNESS m hand and official seal. rt�smi�ctrtrr#19"�.� �, � t'dotary Pubitc-Cc-lifomty r: conirlcr codayC�tsgtyniy i- SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons retying on 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 TITLE(s) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IWFACT NUMBER OF PAGES TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Developers Surety and Indemnitor SIGNER(S)OTHER THAN NAMED ABOVE CG1ffi�3an� 01993 NATIONAL NOTARY ASSOCIATION•8236 Rernmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623•(949)263-3.'340 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY.and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby mike,constitute and appoint: ***Frank R. Olsson, Gordon J. Fischer, Jocelyn Y. {quirt, jointly or severally*** as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorneys)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorneys)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1.2000: RESOLVED.that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship, and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney: RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8r°day of January.2402. By, 45t ANEt`� PAldypc David H.Rhodes,Executive Vire PresidentJ �t@Ottt� O�ts0lrtl ,� * t3Cp I • tt' r A-4"—e��w -�. 10 3nx ; ~ t7CT.5 a so 1936 tap w 1967 $y Walter A.Crowell. Secretary v'�C!o OW P �,� OQLIFU��*r b� STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On January 8,2002,before me,Antonio Alvarado,personalty appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the nersons acted.execured the instrument. WITNESS my hand and official seal. Liamyp ANTONIO ALVARADO COMW#13003CO otary Public-California CSA pies APR4NTY L 4 20f15 CERTIFICATE The undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 30thday of April 2003 By David G.Lane,Chief Operating Officer ID-1380(01/02) CALIFORNIA ALL-PURPOSE F . ACKNOWLEDGEMENT STATE OF CALIFORNIA ) COUNTY OF Contra Costa ) On April 30, 2003 befflfdme, Anne Mc Neill, Notary Public DATE -NAME.TITLE OF OFFICER E.G.,JANE DOE,NOTARY PUBLIC" personally',appeared, Peter W. Branagh 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(les), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the persons)acted, executed the instrument. WITNESS my hand and official seal. s COMM.#12457L29 (SEAL) (SEAL) NU7AttfltliE f TA ELIC 1 tx M CMA Cm Y Cwmim.E*m OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNERS)OTHER THAN NAMED ABOVE