HomeMy WebLinkAboutMINUTES - 08052003 - C.14 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on August 5, 2003,by the following vote:
AYES: SUPERVISORS GIOTA, UILKEM, GREENBERG, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2003/ 483
SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Minor Subdivision 21-
93, being developed by Harold W. Smith and Martha-Lee Smith, Declaration of
Trust dated May 23, 1979, Diablo area. (District HI)
The following documents were presented for Board approval this date:
I. dap
The parcel map of Minor Subdivision 21-93, property located in the Diablo area,
Supervisorial District III, said map having been certified by the proper officials.
II. Subdivision Agreement
A subdivision agreement with Harold W. Smith and Martha-Lee Smith,Declaration
of Trust dated May 23, 1979,principal,whereby said principal agrees to complete all
improvements as required in said subdivision agreement within one year from the
date of said agreement. Accompanying said subdivision agreement is security
guaranteeing completion of said improvements as follows:
Ortginator:Public Works(ES) I hereby certify that this is a true and correct copy of an
Contact: Chris Lau(313-2293) action taken and entered on the minutes of the Board of
CL:rm
G:\GrpData\EngSvc\BO\2003\8-05-03\MS 21-93 110-21.doc Supervisors on the date shown.
cc: Public Works-T.Bell,Construction
Current Planning,Community Development
T-May 5,2004
Harold W.Smith and Martha Lee Smith, ATTESTED: AUGUST {�J� 2003
Declaration of Trust dated May 23,1979
101 Ygnacio valley road,Suite 330 JOHN SWEETEN,Clerk of the Board of Supervisors and
Walnut Creek,CA 94596
Sharon I.Rusconi, County Administrator
Indemnity Company of California
11780 Fitch Street
Irvine,CA 92614
By Deputy
RESOLUTION NO.2oo3/ 483
SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Minor Subdivision 21-
93, being developed by Harold W. Smith and Martha-Lee Smith., Declaration of
Trust dated May 23, 1979, Diablo area. (District III)
DATE: August 5, 2003
PAGE: 2
A. Cash Bond
Performance amount: $1,125.00
Auditor's Deposit Permit No. 408699 Date: July 15, 2003
Submitted by: Diablo Valley Estate Company, LLC
Federal Tax ID Number: 94-3398807
B. Surety Bond
Bond Company: Indemnity Company of California
Bond Number: 5651435 Date: July 9, 2003
Performance Amount: $111,375.00
Labor&Materials Amount: $56,250.00
Principal: Harold W. Smith and Martha Lee Smith, Declaration of Trust
dated May 23, 1979
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 2002-2003 tax
lien has been paid in full and the 2003-2004 tax lien,which became a lien on the first
day of January 2003, is estimated to be $4,100.00, with security guaranteeing
payment of said tax lien as follows:
+ Tax Surety
Bond Company: Indemnity Company of California
Bond Number: 8787985 Date: July 9, 2003
Amount: $4,100.00
Principal: Harold W. Smith and Martha Lee Smith, Declaration of Trust
dated May 23, 1979
NOW, THEREFOR, THE FOLLOWING IS RESOLVED:
1. That said subdivision, together with the provisions for its design and
improvement,is DETERMINED to be consistent with the County's general and
specific plans.
2. That said parcel map is APPROVED and this Board does not accept or reject on
behalf of the public any of the streets, paths, or easements shown thereon as
dedicated to public use.
3. That said subdivision agreement is also APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2003/483
SUBDMSION AGREEMENT
(Government Code§66462 and§66463)Harold w.' Smith and Martha-Lee
Smith, Declaration of Trust
Subdivision: ME 21 -93 Principal: May 23, 1979
Effective Date: �Tj = Completion Period: 1 year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
Harald W. Smith and Martha--Lee
MOE,ACOSTACOUNTY FRINOPAL Smith, Declaration of Trust
Maurice M.Shiu,Public Warks Director M 23 , 979
signature
f By a h e ,t e
r
St�turc
t.asihda L.Smi h,successor trustee
s
E E R APPROVAL
; 7
signatr r
Byy
By: is'v..)
=R=ED:
ices Division �° Oftert Rosenberg,successortrustee
FOAor J.Westmarl,County Counsel (NOTE: All signatures to be acknowledged. If Principal is incorporated, .
signatures must conform with the designated representative groups pursuant to
Corporations Code§313.)
1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"f un and the above-mentioned
'nci al mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,
fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as
reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code
(including future amendments thereto).
Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof,as_
required by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlike manner,in accordance with accepted
construction practices and in a manner equal or superior to the requirements 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 SE TY. Upon executing this agreement, Principal shall,pursuant to Government Code §66499 and the County
Ordinance Code,provide as security to the County:
A. For Performance and Guarantee: S 1 ,12 5.0 0 cash,plus additional security,in the amount:S 1 1 1 ,3 7 5.0 0
which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of:
Cash,certified check or cashiers check.
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,Principal guarantees performance under this agreement and maintenance of the work for one year after its completion and
acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount $ 5 6 ,2 5 Q-,--0 0 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,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or
materials to them or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount
securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Principal guarantees that said work shall be free from defects in material or workmanship and
shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with Article
964.6,"Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work.
The guarantee period does not apply to road improvements for private roads,which are not to be accepted into the County road system.
5. PLANT ESTABLISHMENT WORK.. Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant
establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work
determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a
period of one(1)year from and after the Board of Supervisors accepts the work as complete.
6. IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work as
promised in Section 2 and as required by the conditions of approval for the subdivision. If,at any time before the Board of Supervisors accepts the work
as complete or during the one year gtiarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes
necessity to tWplans to iceoinp? Vh-thVwork.as promised.
7. NO WAIVER BY COUNTY. Inspectiun`of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or
employee of the Codhty indicating#Tie y�tstk or anypart thereofcomplies with the requirements of this Agreement,or acceptance of the whole or any part
of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill this
agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply
with any of the terms and conditions hereof.
8., iNDthZITY: Prinpapal.shall-hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefited and protected by this promise are County and County's special district,elective and appointive boards,
commissions,officers,agents and employees.
B. I'lieliabilities protected against are any liability or claim for damage of anykind allegedly suffered,incurred or threatened because of
actions defined below and including personal injury,death,propertydamage,inverse condemnation,or any combination of these and regardless ofwhether
or not such liability,claim or damage was unforeseeable at anytime before County reviewed said improvement plans or accepted the work as complete and
including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims.
C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this
Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has
prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification
covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity.
9. COSTS: Principal shall pay when due,all the costs of the work,including inspections thereof and relocation of existing utilities required
thereby.
10. 5URVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road
Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PP.gf 0RMANCE AND COST'S:If Principal fails to complete the work within the time specified in this agreement,and subsequent
extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay
all costs and charges incurred by County(including,but not limited to: cngineerinb,inspection,surveys,contract, overhead,etc.) upon
demand.
Principal hereby consents to entryon the subdivision property by County and County forces,including contractors,in the event County proceeds
to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work, Principal agrees to pay all costs incurred by County, even if Principal
subsequently completes the work.
Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal
agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to
complete the work.
12. 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 city,except as provided in this paragraph,County's rights under this agreement and/or any deposit,bond,
or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of third party beneficiary against
Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8
(Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation.
13. RECORD MAP. Inconsideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision.
RL-JD:W
G AGrpD&t&\&SSvt\FomuLiG WORDWG-3Q.doo
Rev.October 26,2M 1
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA )ss
COUNTY OF C-AATZA COSTA-
On
COST On �, 7?. .200 5 before me, .`Zu5AA1 P-AVtAso,� a Notary Public in and
for said State, personally appeared 10 'l- Ehs96169-9& ,
personally known to me (or proved to me on the basis of satisfactory evidence)to be the
person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s)or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature
SUSAN DAVIDSON
Comm'""*1356503
z Notary Public-California
Contra Costa County
*YCWM.E sMy3p,2Md
NOTARY.BLK(Rev 6194)
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA }ss
COUNTY OF Centra Costa }
On 5-29-03 , before me, Barbara Pinto , a Notary Public in and
for said State, personally appeared **Bruce C. Smith** ,
personally known to me (or proved to me on the basis of satisfactory evidence)to be the
person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s) or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official sear
Signature
o______- BARBARA PINTO
s.._. - Comm.#1322464 �n
NOTARY PUBLIC-CALRANIA V)
Contra Costa County
Np Cama,Expires Sopt.28,2005
NOTARY.BLK(Rev 8194)
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA )ss
COUNTY OF Contra Cosh )
On .lune 3, 2003 , before me, Barbara Pinto , a Notary Public in and
for said State, personally appeared **Martha-Lee Smith**
personally known to me (or proved to me on the basis of satisfactory evidence)to be the
person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s)or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature.-i4'✓ a Sr E 2 4 C max. x
B�tRBARA PiNTQ
Comm.#1322484 tto�
NOTARY PUBLIC-CALIFORNIA UL
Contra Costa County
!y Cemm. ezpiras 5eot.28,2U05""
NOTARY.BLK(Rev 8194)
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA }ss
COUNTY OF Contra Costa
On June 3, 2003 , before me, Barbara Pinto , a Notary Public in and
for said State, personally appeared **Randall L. smith** ,
personally known to me (or proved to me on the basis of satisfactory evidence)to be the
person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s)or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
Signature � ;*_y BARBARA PINTO
Comm,#3322464
NOTARY PUBLIC•CALIFORNIA
Contra Costs County
64y Comm,Expires Sept
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NOTARY.BLK(Rev 6/94)
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COUNTY OF CONTRA COSTA
DEPOSIT PERMIT J
JFFICE OF COUNTY AUDITOR-CONTROLLER C3 f
TO THE TREASURER: MARTINET,CALIFORNIA .
RECEIVED FROM
ORGANIZATION NUMBER ~ `%�
klA Lice-
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUNDJORG, ACT TASK OPTION ACTIVITY AMOUNT
&L11TI
0641
51 t6o W&I Z517 :&?
0'7 60
Er `
{
- E
E
E
E
EXPLANATION: ,t ,r/ TOTAL $
e DEPOSIT
e• Deposit consists of the following i
$and CURRENCY
NKS,M.O.,ETC. $__aw. .!�
P 77
BANK DEPOSITS $
so
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT Dp
t,` !7 _ if l J cam'Ct t Cor z NUMBER
ASSIGNED �TE ' 4 "
i e
The amount of monoy described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
deposit into the County Treasury. acknawledged.
Signr. f £ Date
1f///p� Signed: Signed: -^
Titl 'T' � 6F,€ �'�EXT. Deputy unty Audi'r Deputy County Treasurer
D-34REV.(7-43) /t
819800-0800: '61120506, $1,125.00, MS21-98, Performance Cash Band,
Bruce Smith, Diablo Valley Estate Company, LLC, 101 Ygnacio ''Valley Road',
Suite 330, Walnut Creek, CA 94596
0648-9140 / 812100: 61120506, $1`804.00, MS 21-93, Def icency
Mitigation San Ramon Creek, Bruce Smith, Diablo Valley estate Company,
LLC, 101 Ygnacio Valley Road, Suite 330, Walnut Creek, CA 94596
0649-9665 / 831000: 61120506, $8.563.00, MS21-93, Minor Sub
Inspection Fee, Bruce Smith, Diablo Valley Estate Company, LLC, 101 Ygnacio
Valley Road, Suite 330, Walnut Creek, CA 94596
• Subdivision: MS 21 -93
Bond No.. 5651435
Premium $3,341 .00
IMPROVEMENT SECURITY BOND
FOR SUBDIVISION AGREEMENT
(Performance, Guarantee and Payment)
(California Government Code §§ 66499 -66499.10)
1. RECrrAL OF SUBDIVISION ArMEmENT: The developer(principal)has executed a subdivision agreement
with the County of Contra Costa to install and pay for street, drainage and other improvements in
Subdivision, nes 21 -.q 3 ,as specified in the subdivision agreement'and to complete said work within
the time specified for completion in the subdivision agreement, all in accordance with State and local laws
and rulings thereunder in order to satisfy conditions for fling of a final map or parcel map.for said
subdivision.
Harold W. Smith and Martha-Lee Smith,
2. OBLIGATION: Par.3a=ation may 2 3-, ! 9:79 _as principal and .
Tnder ifU rr=M4 of Califnrnia a corporation organized and
existing under the laws of the State of California. _ and authorized to transact surety
business in California, as .surety, hereby jointly and severally bind ourselves, our heirs, executors,
administrators, successors and assigns to the County of Contra Costa, California to pay as follows:
One hundred eleven thousand three hundred
A. Performance and Guarantee: ' seventy five,
Dollars ($ 11 1.j..3 7 5 .0 0 ) for Contra Costa County or any city assignee under
the above County Subdivision Agreement.
R. Payment: Fifty six thousand two hundred fifty Dollars
($ 56 ,250 .00 )to secure the claims to which reference is made in Title XV
(commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of
California.
3. CONDITION.
A. The Condition of this obligation as to Section(2.A.) above is such that if the above bonded principal,
or principal's heirs, executors, administrators, successors or assigns,shall in all things stand to and
abide by and well and truly keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on it or its part, to be kept and
performed at the time and in the manner therein specified and in all respects according to their true
intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city
assignee) its officers, agents and employees, as therein stipulated, then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included reasonable costs, expenses and fees, including reasonable attorney's fees,incurred
by the County of Contra Costa(or city assignee) in successfully enforcing such obligation, all to be
taxed as costs and included in any judgement rendered.
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 perforrhance
of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials
furnished, labor of any kind, or for amounts due under the Unemployment Insufance Act with
respect to such work or labor and that said surety will pay the same in an amount not exceeding the
amount herein above set forth and also, incase suit is brought upon this bond, will pay, in addition
to the fact amount thereof,reasonable costs, expenses and fees,including reasonable attorney's fees,
incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,
to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement
therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
3082)of Part 4 of.Division 3 of the Civil Code, so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the work under conditions of this bond be fully performed, then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by
the principal and the County of Contra Costa(or city assignee) shall relieve the surety from liability
on this bond; and consent'is hereby given to make such alteration without further.notice to or consent
by the surety;and the surety hereby waives the provisions of California.Civil Code Section 2819 and
holds itself bound without regard to and independently of any action against the principal whenever
taken.
SIGNED-AND-SF on July 9, 2003
Harmld W. Smith and Martha-Lee
Smith, Declaration of Trust
PlUNCIYAL: May 23, 1979 SURETY: Indemnity Company of California
Address' 101- Ygnacio Valley- Blvd. , #330 Address: 11780 Fitch Street
City: Walnut Creek Zip: 94595 City: Irvine, CFS Zip: 92614
By: By:
Print Name: artJj;q-T.-p fig,, t-h Print Name: mon J. Rusconi
Title: trustee Title: Attorney-in-Fact
-------------------------------------
rD:mw:tap
G:QrpDztx\Eng5vc\Forms N WORD'aN-12.doc
Rev.November 29.2000
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CONTINUED SIGNATURE PAGE FOR IMPROVEMENT SECURITY BUND FOR
SUBDIVISION AGREEMENT
RANDALL SMI H, successor trustee BRA :`t C. SMITH, suede r trustee
RC7I3EI2T RC)SENBEAG, successor trustee �1/t 1R-" - LC,- /' 1
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA }ss
COUNTY OF tT A 605 rx► )
On A4AIZ Z7., .2Q83_.., before me, .51AS tot v---, a Notary Public in and
for said tate, personally appeared '
Pe_�T MM BAB ,
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.
WITNESS my hand and official seal.
Signature
SUSM DAVIDsoir
Commission#13&=3
Notary Pubic-California y
Contra Costs County
MyC.OMM EVFftAARy30.2M6f
-ON
NOTARY.$LK(Rev 6194)
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA )ss
COUNTY OF Contra Cosh )
On 5-29-03 , before me, Barbara Pinta , a Notary Public in and
for said State, personally appeared **Bruce C• smith**
personally known to me (or proved to me on the basis of satisfactory evidence)to be the
person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s)or the entity upon behalf of which the person(s)
acted,executed the instrument.
WITNESS my hand and official seal.
Signature ;
BARBARA PINTO
Comm,#13224$4 ff��
NOTARY PUBLIC-CALIFORNIA Vl
CMIta Costa County
: ,n.EXPhs UP 28 2005"a
NOTARY.BLK(Rev 8194)
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA }ss
COUNTY OF Contra Costa }
On June 3, 2003 , before me, Barbara Pinto , a Notary Public in and
for said State, personally appeared **Martha-Lee smith**
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
helshe/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s)or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
? t � BARBARA PINTO
Signature _ `' I � t ��- Comm.#1322464 ll�
NOTARY POOLIC-CALIfORMA Vf
Contra Costs County "
Ng Comm.Exp'trsa SW.28,2005"+
NOTARY.SLK(Rev 6/94)
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA }ss
COUNTY OF Contra Costa )
On June 3, 2003 -, before me, Barbara Pinto , a Notary Public in and
for said State, personally appeared **Randall L. Smith**
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/shelthey executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s)on the instrument the person(s)or the entity upon behalf of which the person(s)
acted, executed the instrument.
WITNESS my hand and official seal.
I d
Signature AAA PINTO
Comm.#9322464 qy��
U! NOTARY PitBUC•CALIFORMA ilt
Contra Costa County
9Ay Comm.Expires Sapt.28� 2p5
NOTARY.BtK(Rev 6{94)
The Insco Dico Group
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program under which the
Federal Government will share in the payment of covered losses caused by certain events of
international terrorism. The Act requires that we notify you of certain components of the Act,
and the effect, if any, the Act will have on the premium charged for this bond.
Under this program, the Federal Government will cover 90% of the amount of covered
losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only
when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00.
Insurance carriers must also meet a variable deductible established by the Act. The Act also
establishes a cap of$1,000,000,000.00 for which the Federal Government or an insurer can be
responsible.
Participation in the program is mandatory for specified lines of property and casualty
insurance, including surety insurance. The Act does not, however, create coverage in excess of
the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded
by the terms of the bond, or by operation of law.
No additional premium has been charged for the terrorism coverage required by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch
Irvine,CA 92614
(949)263 3300
www.inscodico.com
STATE OF California
SS.
COT;NTYOF Sacramento
On July 9, 2003 before me, Sandra R.Black, Notary Public
PERSONALLY APPEARED Sharon J. Rusconl
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 helshe/they executed
the same in hislher/their authorized capacity(ies),and that by his/herltheir w _
signature(s)on the instrument the person(s), or the entity upon behalf` ANDS R, BLACKt
of which the person(s)acted, executed the instrument. COMTt#.*1260345 .90
0" COMW
NOTARY P7jO ICZALIFORNIAO
SACRAMENTO COUNTY
WITNESS my hand and official seal. EXP.APRIL 10,2004�
Signature
This area.for Official Notarial Seal
OPTIONAL
Though the data below is not required by law,it may prove valuable to persona relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
nTLEp
PARTNER(S) 0 LIMITED
El GENERAL
01 ATTORNEY-IN-FACT NUMBER OF PAGES
C
TRUSTEE(S)
C
GUARDIAN/CONSERVATOR
Lis OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME Of PERSON(S)OR cNTPY(IES)
Developers Surety and Indemnity Company
Indemnity Company of California
SIGNERS OTHER THAN NAMED ABOVE
'o-`"-2(REV 5/01) ALL-PURPOSE ACKNOWLEDGEMENT
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725,IRVINE,CA 92623•(949)263-3300
KNOW ALL MEN BY THESE PRESENTS,that except as expressly !itnitcd. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA,do each severally,but not jointly,hereby make,constitute and appoint:
***SHARON J. RUSCONI, SANDY SLACK, JOINTLY OR SEVERALLY***
as the true and lawful Artorney(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 A aorncy(s)-in-Fact fall 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 tu!i power of substitution and revocation,and all of the acts of said
Attotncy(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
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 bc,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 tuwrc 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 those
presents to bermsigned
'by their respective Executive Vice President and attested by their respective Secretary this 86'day of November,2000.
,r,�urrrrnu.aar
By: "t f ANO ''�.,� O F'AIVYOr
David H.Rhodes,Executive Vice President s
~-
� toss 10
jss7
Walter A.Crowell, Secretary :�3� /CN� �'{'`� �yOFCt
+a+a''aa+ar//iliHfttira���s`
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On November 8.2000,before me,Diane J.Kawata,personally 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 arc subscribed to the within instrument and acknowledged to me that they executed the same in their authorized
capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument.
WITNESS my hand and official seal.
t71ANE J.KAWA7A
� cixa14.#1167eza
f OWYPUBLIC-CALIFOR,14A c
Signature m ORAHGECOUNTY
MyCmtutt EV Jaa.8,ZU02 t
CERTIFICATE
The undersigned, as Chief Operating Ot"ricer of DEVELOPERS SURETY AND INDEMNITY COMPANY and 1NDEMNITY 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 nth day of July 2003
W�
Sv
David G.Lanc,Chic Operating Officer
ID-1350 0l/00)
VOID,AFT1511 $/ J 3` 7.18/03 FATCO$42 21-93
Tax Collector's Office William J.Pollacek
625 Court Street Contra County Treasurer-Tax Collector
Finance Building,Room 100
P.0.Box 631Russell V.Watts
Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector
0063
(925)646-4122 County Joslyn Mitchell
(925)646-4135 FAX Tax Operations Superviscr
A
Date: 7/8/2003
IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR
COLLECTION (R&T CODE 2608) THIS LETTER IS VOID.
This will certify that I have examined the map of the proposed subdivision entitled:
Tract/ MS# City T.R.A.
21-93 DIABLO 66024
Parcel#: 195-260-006-0 195-260-007-8
and have determined from the official tax records that there are no unpaid County taxes heretofore
levied on the property included in the map.
The 2002-2003 tax lien has been paid in full. Our estimate of the 2003-2004 tax lien, Which
became a lien on the first day of January, 2003 is $4,100.00
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 11 ctor
By:
W W
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' INSCO INSURANCE SERVICES, INC.
Underwriting nderwrtting Manager for:
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch,Suite 200•Irvine,California 92614•(949)263-3300
SUBDIVISION TAX BOND
BOND NO,: 8787985
$ 150.00 premium is for
a term of One ----year(s)
KNOW ALL MEN BY THESE PRESENTS:
THAT we, Harold W.Smith and Martha-Lee Smith,Declaration of Trust May 23, 1979 ,as Principal,
and indemntiy Company of California ,a corporation organized and doing business under and by
virtue of the laws of the State of California and duly licensed to conduct a general surety business
in the State of California as Surety,are held and firmly bound unto
County of Contra Costa
as Obligee,in the sum of *Four Thousand,One Hundred Dollars and No/100*
(S 4110-00***" )
Dollars,for which payment,well and truly to be made,we bind ourselves, our heirs,executors and successors,jointly
and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS,the above bounden Principal is the owner of that tract of land situated in Contra Costa
County,California,and described as follows:
DATE-
BOND REVIEWED AND APPROVED
Tract/MS 421-93 -T.R.A.66024 CONTRA COSTA COUNTY
Parcel#195-260-006-0&195-260-007-8
TREASURER - TAS COLLECTOR
NOW THEREFORE,if the said Principal shall pay,or cause to be paid,when due,all taxes,and all special assessments
collected litre taxes,for the year 1 ,which at the time of filing said map,are a lien against such subdivision,
or any part thereof,but not yet payable,then this obligation shall cease and be void,otherwise it shall remain in full force
and effect.
IN WITNESS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seal and the name
of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at
Sacramento ,California,this 9th day of Ju€y 2003
YEAR
Harold W.Smith and Martha Lee-Smith,Declaration of Trust indemnity Company of California
Principal urety
dated May 23, 1979
S n J. Attorney-in-Fact
0E 1208(CA){REV.1101)
STATE OF California
SS.
COUNTY OF Sacramento
on July 9. 2003 before me, Sandra R.Black, Notary Public
PERSONALLY APPEARED Sharon J. Rusconi
personally known to nze(or proved to me on the basis pf satisfactory
evidence)to be the person(s)whose name(s)is/are subscribed to the
within instrument and acknowledged to me that hetsheAhey executed
the same in his/her/theirauthorized capacity(ies),and that by hislherltheir
signature(s)on the instrument the person(s),or the entity upon beha f
oj'which the person(s)meted, executed the instrument. SANDRA RBL CCK
COMM.#1260345
WITNESS nzv hand and official seal. SACRAMENTO O CG6li'TY 0
--COMM.ERP.APRIL 10,2004
9—v .2�L
Signature
This orea.for Official Notarial Seal
OPTIONAL.
Though the data below Is not required by law,It may prove valuable to persons relying on the document and could
prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
TiT1.tts1
C
PARTNER(S) El LIMITED
GENERAL
ATTORNEY-IN-FACT NUMBER OF PACES
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER:
DATE OF DOCUMENT -
SIGNER IS REPRESENTING:
NAME OF RERSOMS)OR ENTITY(MS)
Developers Surety and Indemnity Company
indemnity Company of California
SIGNERS OTHER.THAN NAMED ABOVE
10-1232(REv.5r01) ALL-PURPOSE ACKNOWLEDGEMENT
The Insco Fico Group
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism.Risk Insurance Act of 2002 created a three-year program under which the
Federal Government will share in the payment of covered losses caused by certain events of
international terrorism. The Act requires that we notify you of certain components of the Act,
and the effect, if any, the Act will have on the premium charged for this bond.
Under this program., the Federal Government will cover 90% of the amount of covered
losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only
when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00.
insurance carriers must also meet a variable deductible established by the Act. The Act also
establishes a cap of$1,000,000,000.00 for which the Federal Government or an insurer can be
responsible.
Participation in the program is mandatory for specified lines of property and casualty
insurance, including surety insurance. The Act does not, however, create coverage in excess of
the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded
by the terms of the bond, or by operation of law.
No additional premium has been charged for the terrorism coverage required by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch
Irvine,CA 92614
(949)263 3300
www.inscodico.com
POWER OFATTOR�NEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725,IRVINE,CA 92623 r(949)263-3300
KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA,do sacro severally,but snot jointly,hereby make,constitute and appoint:
***SHARON J. RUSCONI, SANDY BLACK, JOINTLY OR SEVERALLY'
as the true and lawful Attorneys)-in-Fact,to r nakc,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 perfomn every act necessary, requisite or proper to be dons in
connection tlncr-,% ith 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
Attorncy(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November i,2000:
RESOLVED,that the Chairman of the Board,die 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 Attonicy to execute,oil 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 ofAttonncy:
RESOLVED,FURTHER,that the signiatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by filesinnile,an:d any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon tine corporation when so affixed and in the future with respect to any bond,
undertaking or contract of suretyship to which it is attached.
:N 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 gun day of November,2000.
A NO
bad Rhodes,Executive Vice President �c �y0 �PO'q
SEAL +' OC-1.5
f 5a ' 1338 �= t587
By: ' a
Walter A.Crowell, Secretary f 57 ° j0'7jjC; ..°yah,` #LIEO��l�
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On November&2000,before nue,Diane J.Kawata,personally appeared David H.Rhodes and Walter A.Crowell,personally known to rine(or proved to me on the basis of
satisfactory evidence)to be the persons whose nannes are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized
capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument.
WITNESS my hand and official seal.
DIANE,I.XAWATA
CL M Vt.01167W$
,j t `,; � '3 i+�rTARYPt39llG-CetLIgi3R?AA
S �
igna urc,_ 1,1YSOnstn.0 411 8, d
CERTIFICATE
The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. does
hcrcbv certify that the foregoing Power of Attonncy retrains in full force and Inas not been revoked.and furthcrsuorc.that tine provisions of the resolutions of the respective
Boards of Directors of said corporations set forth in the Power ofAttorncy,are in force as of the date of this Certificate.
This Ccrtifiicaatcciis�executed in the City of Ininc,California.the 9th day of 'jug-y 200
1
By � -
David Cs.Lane.Chief Operating Officcr
1134390 0 U00)
DECLARATION OF TRUST
s
w
THIS Amended, Restated andReconstituted Declaration of Trust,!
made and entered into this // day of June, 1990, by and between;
HAROLD W. SMITH and MARTHA LEE SMITH, both individuals, of Diablo,.
County of Contra Costa, State of California, hereinafter referred
to collectively as "Trustors" and HAROLD W. SMITH and MARTHA LEE i
SMITH, hereinafter referred to collectively as "Trustees."
WITNESSETH: i
WHEREAS, Trustors and Trustees executed that certain written
Declaration of Trust dated the 23rd day of May, 1979, which
established the Trusts
f
WHEREAS, subsequent to the execution of the original Declara-
tion of Trust, Trustors and Trustees executed that certain writtenf
First Amendment to Declaration of Trustx
WHEREAS, Trustors and Trustees executed that certain written j
Second Amendment to Declaration of Trust dated the 13th day of 1
November, 19801
WHEREAS, Trusters and Trustees executed that certain written
Third Amendment to Declaration of Trust dated the 12th day of
; March, 19821
WHEREAS, Trustors and Trustees executed that certain written
Fourth Amendment to Declaration of Trust dated the 28th day of
September, 19841
WHEREAS, Trustors and Trustees executed that certain writ-ten
Fifth Amendment to Declaration of Trust dated the 15th day of`
November, 19841
WHEREAS, Trustors and Trustees executed that certain written
! Restated Declaration of Trust dated the 21st day of April, 1986,
which replaced in its entirety all provisions of the Declaration
of Trust dated the 23rd day of May, 1979, as amended;
WHEREAS, Trustors and Trustees executed that certain written
First Amendment to Restated Declaration of Trust dated the.24th
day of April, 19861 4
WHEREAS, Trustors and Trustees executed that certain written i
Second Amendment to Restated Delcaration of Trust on the 31st day
:. of December, 19861
WHEREAS, Trustors and Trustees executed that certain written
Delcaration of Trust dated the let day of July, 1987, which s
replaced in its entirety all the provisions of the Delcaration of
Trust, as originally executed on the 23rd day of May, 1979, as
amended, and as restated on the 21st day of April, 1986,
J as amended;
WHEREAS, Trustors and Trustees executed that certain written j
First Amendment to Declaration of Trust dated the 14th day of
July, 19881 1
YNE.McorvlTT& WHEREAS, Trustors and Trustees executed that certain written i
CASEY Second Amendment to Declaration of Trust dated the 23th day of
&404++tCA.� i
�..www.vsrwx .' December, 19881
saws
----� WHEREAS, Trustors have reserved the right at any time, and �
°""••"' from time to time, to amend, revoke or modify in whole or in part ;
any portion of the Declaration of Trust; and
i
i
I
S I
�{ 1
� F
I �
j Declaration of Trust of
I Harold W. and Martha Lee Smith
f
Page Two
;4 WHEREAS, it is the desire of Trustors to amend, restate and
�# reconstitute the Declaration of Trust as it was amended, restated,1
reconstituted and dated the let day of July, 1987, as amended
with the following amendment and restatement to constitute the
complete and entire Declaration of Trust.
11 NOW THEREFORE, for and in consideration of the mutual promise,
covenants and conditions as hereinafter set forth, Trustors do 1
hereby amend, restate and reconstitute the Declaration of Trust,
! as amended, with the following amendment and restatement to
constitute the complete and entire Declaration of Trust.
ARTICLE I t
TRUST PROPERTY !I
1.01 Trustors have transferred and delivered to Trustees
the sum of ONE HUNDRED DOLLARS ($100) cash and other property,
i the receipt of which was acknowledged by Trustees, to have and to
hold in trust, together with such cash, securities or other pro-
E perty, real and personal, which may at any time hereafter be I
placed in this Trust pursuant to the provisions hereof, all of
such property being hereinafter referred to collectively as the
"Trust Estate," which shall be bald by Trustees for the uses and
purposes and upon the terms and conditions hereinafter set forth.
1
1.02 Additional property may from time to time, and at any
time be transferred by Trustors or by any other person or persons
natural or legal., to Trustees, with Trustees consent, and such
property shall thereupon become a part of the Trust Estate and
shall be held, managed, invested, reinvested and administered andj
the income and principal thereof distributed pursuant to the
' terms and conditions hereinafter set forth.
ARTICLE II
CREATION OF TRUST
2.01 This Declaration of Trust Agreement establishes and
creates a Trust by Harold W. Smith and Martha Lee Smith, as
Trustors.
ARTICLE III
DISTRIBUTIONS OF TRUST PROPERTY
DURING TFtt7S' NS LIFETIME
1
3.01 Prior to the death of the first Trustor to die,
Trustees shall pay over and distribute to Trustors the entire net
income from the Trust Estate in convenient installments, not less
frequently than annually, or otherwise as Trustors may, from time
to time, direct in writing, and Trustees shall also pay to
Trustors such part or all of the principal of the Trust Estate as
Trustors shall request in writing from time to time, PROVIDED,
HOWEVER, Trustees shall at all times maintain a minimum Trust
jEstate with a principal in the sum of ONE HUNDRED DOLLARS ($100) ,
regardless of whether Trustors direct that all of the Trust
Estate be distributed. Trustees shall, when so directed by
�! Trustors, pay the bills, expenses and obligations of -Trustors
t directly from the Trust Estate. if at any time or times a
Trustor is under a legal disability, or by reason of illness or
mental or physical disability, is, in the opinion of Trustees,
1
Declaration of Trust of
Harold W. and Martha Lee Smith
Page Sixteen
who has not attained the age of twenty--one (21) years, then and
in that event, Trustees shall retain such beneficiary's portion
of the Trust Estate in trust and accumulate the income from such
portion, invest and reinvest same and distribute the Trust Estate
to such beneficiary upon attaining the age of twenty-one (21)
years. Trustees shall have full discretionary power to distri-
bute income and principal of the Trust Estate to or for the bene- j
fit of such beneficiary if such becomes necessary for his or her
health, education, support of maintenance. Should any benefi-
ciary for whose a share of the Trust Estate is continued in trust
pursuant to the provisions of this Article die prior to attaining
the age of twenty-one (21) years and before receiving complete
distribution of his or her share of the Trust Estate, at the time
of his or her death, such share shall be distributed to his or
her Executor to be administered and distributed as part of said
beneficiary's estate.
7.17 Should any secondary beneficiary hereunder die without '
leaving children surviving him or her or then living issue of
deceased children and prior to receiving complete distribution of
the Trust Estate as hereinabove provided, and in the event such
deceased secondary beneficiary shall fail to exercise the general
testamentary power of appointment granted to such secondary bene-
ficiary as hereinabove provided, then the balance of the Trust
Estate, after payment of funeral expenses and expenses of the
last illness for said secondary beneficiary, as then constituted,
shall be divided and distributed equally to the then living
brothers and sisters of said deceased secondary beneficiary and
the then living issue of deceased brothers and sisters of said
deceased secondary beneficiary, per stirpes and by right of .
representations PROVIDED, HOWEVER, if there is a Trust Estate for
the benefit of any such distributee pursuant to this Article then
in existence, which Trust Estate was created pursuant to the
terms of this Trust Agreement, then and in that event, such
distribution shall be made to the Trustee of said Frust Estate
and the assets so distributed shall be held, managed, admi-
nistered, invested, reinvested and distributed according to the
terms and conditions thereof.
7.18 Upon termination of the last of the several Trust
Estates created upon the death of VIRGINIA S. McMASTER, in the
event it should become impossible, by reason of the death of any
of the beneficiaries named herein, or for any other reason, to
distribute all or any portion of the Trust Estates, then and in
that event, any portion which is undistributable shall, at the
;. time it becomes undistributable, be distributed one-half (1/2) to
the person or persons who would then be the heirs of the prede-
ceased Trustor and one-half (1/2) to those who would then be the
heirs of the surviving Trustor, their respective identities and
shares to be determined as if Trustors had died intestate,
applying California law then in effect relating to separate pro-
perty not acquired from a previously deceased spouse.
ARTICLE VIII
POWERS OF TRUSTEES
8.01 Trustees and the successor Trustees shall have all of
the powers set forth in this Trust Agreement in respect to each
of the Trust Estates herein created and in addition to the enum-
erated powers, Trustees and successor Trustees shall have all of
the power and authority granted to trustees under the laws of the
State of California.
Declaration of Trust of
Harold W. and Martha Lee Smith
Page Seventeen
8.02 To take full charge and control of the assets of the
Trust Estates herein created, to possess, manage, control, incor-
porate, sell, transfer, assign, grant, convey, exchange, lease,
rent, mortgage, pledge, or otherwise encumber or dispose of any
or all of the property of the Trust Estates, or any part or par-
cel thereof, or any substitute therefor, upon such terms and con-
ditions, for such purpose or purposes, and for such
considerations, and for such periods, irrespective of the life or
duration of the Trust Estates; to execute and acknowledge in this
regard, any and all instruments necessary therefor, and to have,
as to all of the property at any time held by Trustees, all of
the powers that natural persons might exercise in relation
thereto if it were their own. Trustees shall invest, reinvest
and keep invested, the funds of the Trust Estates in such securi-
ties, stocks, bonds, secured or unsecured notes and loans, life
insurance, annuities,' real estate, livestock, business entities,
or partnerships of any kind or nature, of other real or personal
:! property of every kind or character as may be proper,
8.03 To hold and retain in the Trust Estates any property
iof any character included in predeceased Trustor's estate at the
time of predeceased Trustor's death, or thereafter acquired,
, brought in, or taken over, with or without foreclosure, in such
°' manner and form as deposited, purchased or received, for such
. time as Trustees may deem wise, without liability for loss or
, depreciation which may result from such retention, even though
�Isuch property is not of a kind usually selected by trustees as
-: investment assets, and even though such retention may result in
inadequate diversification, Trustees may hold unproductive pro-
,. party, but not beyond a reasonable time, particularly including
;! real estate and stock in closely held corporations, without
; liability therefor, when such is in the best interest of the:.
`.beneficiaries of said Trust Estatesr PROVIDED, HOWEVER, Trustors
or the surviving Trustor shall have an unqualified right to
,' direct Trustees to convert such unproductive property into
' income-producing property within a reasonable period of time,
;Trustees shall carry on, for as long as Trustees may deem advi-
%' sable, any going business in which predeceased Trustor shall have
an interest in at the time of predeceased Trustor's death.
8.04 To purchase or otherwise acquire, to lease, with or
without options to purchase, for limited or unlimited terms, and
with such covenants as may be advisable, and to sell, exchange,
` encumber or otherwise dispose of or deal with any property, both
real and personal, at any time comprising all or a portion of the
Trust Estates, it being understood that sales or exchanges may be
made at public or private sale and at such price, for cash, upon
credit or partly in exchange for other property, and generally
: upon such terms as may be properr to transfer and convey the
same, and to make, execute and deliver such instruments as may be
. necessary or proper for the transfer and conveyance thereof, to
invest, reinvest and, to the extent deemed advisable by Trustees,
.: to keep invested the funds and monies of the Trust Estates,
..however derived, in stocks, bonds, debentures or any other type
of security, interests or assets, or in shares, interests or
units of participation in common trust funds, to make any or all
such investments on margin, to carry a margin account in the name
of the Trust Estates and to sell short any securities, or to par-
ticipate in making investments with others.
8.05 To hold, buy, sell, or exchange oil and gas or other
mineral properties (including interests in deposits of other
natural resources); to execute leases on such properties in per-
petuity or for such periods and upon such terms and conditions
Declaration of Trust of
Harold W. and Martha Lee Smith
Paas Eighteen
as may be advisable; to execute subleases and farmout agreements;
to carve out or reserve such mineral interests as Trustee may
deem advisablet to execute unitization and pooling agreements; to
exchange undivided interests in mineral properties for interests
in other properties; to renew existing loans or to refinance
debtat to borrow money and to pledge mineral properties for a
period of time extending beyond the duration of the Trust
Estates; to develop and improve any properties containing oil,
gas or other mineralat to engage in exploring for oil, gas and
other mineralst to pay delay rentals on leases.
8.06 To assent to or participate in any reorganization,
readjustment, consolidation, merger, dissolution, sale or pur-
chase of assets, lease or similar procedure, by any corporation
whose securities, obligations, rights or interests shall be held
hereunder; to assent to any contract, mortgage, deed of trust or
other action by any such corporation, to deposit securities or
evidence of right, interests or obligations under, or become a
party thereto, any agreement or plan for any such proceedings, or
1 for the protection of holders of securities; to delegate discre-
tionary powers to any reorganization, protective or similar
committees to pay any assessment or any other expense, and to
exchange any property for any other property in connection with
any of the foregoing.
8.07 To acquire, sell, engage in short sales, and trade in
securities of any nature on margin, and to maintain and operate
margin accounts with brokers and to pledge any securities held or '
purchased with such brokers as security for loans and advances
made to Trustees for such purposes, and to cause securities or
other property which may at the time comprise the Trust Estates,
or any part thereof, to be registered in the name of any Trustee
!1 as trustee, or, in the case of securities, to take and keep the
same unregistered and to retain them or any part of them in such
manner that they will pass by delivery; PROVIDED, HOWEVER, that
no such registration or holding by Trustees shall relieve any
Trustee of or from any liability. for the safe custody or proper
disposal of property in the Trust Estates.
8.08 To exercise any and all options, privileges or rights,
I whether to vote, assent, subscribe, convert or otherwise, which
may be granted to or be exercised by the holders or owners of any;
l; property similar to that held in the Trust Estates, or to sell
any subscription or other rightt or to grant any proxy, whether
or not discretionary, including the granting of general proxies;
or to become a party to, or deposit securities under, or accept
securities issued under any voting trust agreement.
8.09 To continue mortgages and deeds of trust on and after
maturity, with or without renewal or extension, upon such terms
as may be advisable, without reference to the value of the
mortgage or deed of trust security at the time of such renewal or
extension; to reduce the interest rate on any mortgage or deed of
trust constituting a part of the Trust Estates; to consent to the
modification of any terms of any mortgage or deed of trust; and,
in the event of foreclosure, to bid for and acquire the mortgaged
property, or, in lieu of foreclosure, to accept a deed thereto
from the mortgagor.
8.10 To adjust, abandon, compromise and settle, or refer to
arbitration, any claim in favor of or against the Trust Estates,
and to institute, prosecute or defend in its behalf any or all
legal proceedings that may be advisable.
Declaration of Trust of
Harold W. and Martha Lee Smith
Parte Nineteen
8.11 To borrow money for the benefit of the 'trust Estates
from any sources, including specifically, and without limitation,
from any Trustees, whether in Trustees' individual capacity or
otherwise, upon such terms and for such periods as may be ad-
visable; to evidence such borrowings by promissory notes, bonds
or other evidence of indebtedness3 to secure the payment of the
same by pledge or mortgage or deed of trust of the properties of
the Trust Estates.
8.12 To purchase from, sell to and generally to deal with
any Trustee individually and as a fiduciary, or with firms, part-
nerships, corporations and financial or business organizations in
which any Trustee has an interest.
8.13 To conduct business in a partnership, general or
limited, with other persons, firms or corporations.
8.14 To distribute property according to the terms of the
Trust Estates in undivided interests, or in kind, or partly in
money and partly in kind, at such valuation and according to such ,
methods or procedures which are acceptable methods of valuation
and which reflect the fair market value of such property.
8.15 To accept and to add to the Trust Estates created
hereunder, and to hold or deal with as part or parts thereof any
property of any nature whatsoever which may at any time be trans-
ferred, paid over to or delivered to Trustees for such purposes
by any person or persons.
8.16 To make payments of income or principal under the
terms of the several Trust Estates.-herein created where minors or
persons under a legal or physical disability are concerned,
either directly to the beneficiary, to the legally constituted
guardian or conservator for said beneficiary or to third persons
for and on behalf of the beneficiary.
8.17 To allocate and apportion the federal and State income '
tax deductions for depletion and depreciation, and for any other
apportionable tax deductions, to the Trust Estates or to the
beneficiary or beneficiaries thereof. In allocating or appor-
tioning such tax deductions, or in designating the source of any
income distributed or accumulated, Trustees may take into con-
sideration the respective income tax benefits available therefrom
to the beneficiary or beneficiaries and to Trustees from infor-
mation of which Trustees have actual knowledge.
8.18 Any other provision in this Trust Agreement to the
contrary notwithstanding, Trustees shall have the power and au-
thority to carry policies of life insurance on the life of any
beneficiary under the terms and conditions of this Trust Agree-
ment, when such is in the best interest of the beneficiaries and
the Trust Estates. Trustees shall have the power and authority
to enter into private annuity agreements and transactions with
any beneficiary of this Trust Agreement.
8.19 To designate the source of any distribution, as bet-
ween income and principal, and to specify the amount of each
class of income distributed and to whom so distributed= to deter-
mine, in the absence of specific instructions herein, what
constitutes income and principal and to determine whether a
distribution or disbursement should be charged to income or prin-
cipal. In making such determinations, Trustees shall follow
acceptable accounting standards.
Declaration of Trust of
Harold W. and Martha Lee Smith
Page Twenty
8.20 To lend money to any person or persons, including
partnerships, fiduciaries and corporations, upon such terms and
in such ways and with such security as may be advisable for the
best interest of the Trust Estates and the beneficiaries
hereunder.
8.21 No person or entity, other than Trustees, shall have
or exercise the power to vote or direct the voting of any stock
or other securities of the Trust Estates, to control the invest-
ment of the Trust Estates, either by directing investments or
reinvestments, or by vetoing proposed investments or rein-
vestments, or to reacquire or exchange any property of the Trust
Estates by substituting other property 'of an equivalent value.
ARTICLE IX
GENERAL PROVISIONS
9.01 The Trust Estates created herein are spendthrift
trusts and each and every beneficiary is hereby restrained from
and shall be without right, power or authority to sell, transfer, ,
assign, pledge, mortgage, hypothecate, alienate, anticipate, be-
queath or devise, or in any other manner affect or impair his,
her or their beneficial interest, right, title claim and estate
in either the income or principal of the Trust Estates herein
created, or to any part thereof, during the entire term of said
Trust Estates; nor shall the right, title, interest and estate oC
any beneficiary be subject to any right, claim, demand, lien or
judgment or any creditor of any such beneficiary nor be subject
nor liable to any process of, law, or equity, but all of they
income or principal shall be paid only and personally to the
beneficiary at the time hereinabove set out, and receipt by such
beneficiary shall relieve Trustees from the responsibility of
such distribution.
9.02 Trustors' primary concern is for the support of the
immediate beneficiaries of the Trust Estates herein created
rather than the more remote beneficiaries. Trustees shall admin-
ister the Trust Estates from time to time to the best advantage
of the beneficiary or beneficiaries then entitled to enjoy the
benefits of the Trust Estates, even though the result might be
detrimental to subsequent beneficiaries. Accordingly, Trustees
shall be under no duty to create out of income any reserve for
depreciation or depletion. However, if Trustees deem it advis-
able, Trustees shall have the power and authority to create
reserves for depreciation and depletion.
9,03 In the case in which Trustees are required to divide
the principal of the Trust Estates into parts or shares or to
distribute same, Trustees are authorized and empowered to make
division or distribution in kind, partly in kind and partly in
money or by granting an undivided interest.
9.04 In the event any clause or provision of this Trust
Agreement prove to be, or be adjudged, invalid or void for any
reason, then and in that event, such invalid or void clause or
provision shall not remain operative and shall not affect the
whole of this Trust Agreement, but the balance of the provisions
hereof shall remain operative and shall be carried into effect
insofar as legally possible. If any clause or provision herein
shall violate any rule against perpetuities or restraint on
alienation, such clause or provision shall not invalidate the
Declaration of `gust of
Harald W. and Martha Lee Smith
Parte Twenty-Five
ARTICLE XV
TRUSTEES AND SUCCESSOR TRUSTEE
15.01 The initial Trustees of the Trust and Trust Estates
herein created, including the SMITH FAMILY TRUST, the SMITH
MARITAL TRUST, and the SMITH CHILDREN'S TRUST, when created,
shall be HAROLD W. SMITH and MARTHA LEE. SMITH.
15.02 in the event that either HAROLD W. SMITH or MARTHA
LEE SMITH, should be unable, refuse or fail for any reason what-
soever to serve or to continue to serve as Trustee of the Trust
and Trust Estates herein created, then and in that event, it is
Trustors' intention that there shall be three Trustees serving
hereunder. It is Trustors' intention that, to the extent
passible, at least two of the three Trustees serving hereunder
shall be a "Family Trustee" and that one of the Trustees serving
hereunder shall be a "Business Trustee." Trustors hereby nominate ,
and appoint as successor Trustee to serve as "Family Trustees"
the following persons in the order in which their names appear,
and that no other member of Trustor's family shall qualify as a
"Family Trustee" as suchz
(1) The survivor of Harold W. Smith or
Martha Lee Smith;
(2) Randall L. Smithy
(3) Bruce C. Smithf and
(4) William L. Sales.
15.03 Trustors hereby nominate and appoint the following
individuals to serve as "Business Trustee" and request that they
serve in the order in which their names appear:
(1) George Martinson;
(2) Charles W. Lowell;
(3) Robert Rosenberg;
(4) John Imrie; and
(5) Mike Pickett.
15.04 If for any reason a Family Trustee or Business Trustee
should be unable, refuse or fail for any reason whatsoever to
serve or to continue to serve as a Trustee, then and in that
event, Trustors direct that the next succeeding Family Trustee or
Business Trustee as set forth in Paragraphs 15.02 and 15.03 serve
as the successor Trustee. If for any reason there should be only
one of the designated Family Trustees or Business Trustees able
and willing to serve as Trustee, then and in that event, Trustors
direct that such Trustee shall serve as sole Trustee of the Trust
and Trust Estates herein created.
15.05 Any "Business Trustee" currently serving as "Business
Trustee" can appoint in writing a successor "Business Trustee" to
serve after the last designated "Business Trustees" named by
Trustors if such successor "Business Trustee" is approved in
writing by a majority of the named successor "Business Trustees",
if any, and the "Family Trustee", if any.
{
Declaration of Trust of
Harold W. and Martha Lee Smith
Paste Twenty-Six
15.06 Trustors hereby direct that all Trustees designated
hereinabove serve without bond.
IN WITNESS WHEREOF, Trustors have executed this Trust
Agreement on the day and year first above written.
HAROLD W. SMITH, Trustor
MARTHA LEE SMITH, Trustor
Witnessesa Addresses%
STATE OF CALIFORNIA
} SS
COUNTY OF CONTRA COSTA }
On this _A_VAA�, day of June, 1990, before me, a Notary
Public of said state, duly commissioned and sworn, personally
appeared HAROLD W. SMITH and MARTHA LEE SMITH, known to me to be
the persons whose names are subscribed to the within instrument,
and acknowledged that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal the day and year in this certificate
first above written.
My Commission Expires Notary Public
t1FFIML SEAL
NOW fOSIER
NOTARY DUEJUC•CA FMNYI
CONTRA COSTA COUNTY
tlyCarni.Ewru NN.29.1993
SECOND AMENDMENT
TO
DECLARATION OF TRUST
HAROLD W. SMITH and MARTHA LEE SMITH ("Trustors") pursuant to the power to amend
reserved by them in the Declaration of Trust dated June 11. 1990, which replaced and restated all of the
provisions of the Declaration of Trust dates! May 23. 1979, as thereafter amended and restated from time
to time ("the Trust") now amend the Trust as hereinafter provided:
1. Trustors amend Paragraph 5.05 to read as follows:
5.05 Upon the death of the surviving Trustor,Trustees shall pay all inheritance, estate,
legacy, succession and transfer taxes (including any interest and/or penalties thereon) imposed
by the laws of the United States or of any state, territory or foreign country, with respect to the
assets owned by the SMITH FAMILY TRUST and the SMITH MARITAL TRUST which are
tastable under such laws by reason of the death of surviving Trustor, whether such tastes shall be
payable by surviving Trustor's estate or by any recipient of such property; PROVIDED,
HOWEVER, Trustees shall pay the generation-skipping transfer tact, if any, from the assets of
the SMITH CHILDREN'S TRUST held in respective trusts for the benefit of VIRGINIA S.
McMASTER, RANDALL L. SMITH and BRUCE C. SMITH as such tax is attributable to each
trust.
II. 'Trustors amend paragraph 7.04 to read as follows:
7.04 Upon the death of surviving Trustor, the remaining assets of the SMITH
FAMILY TRUST and the SMITH FAMILY TRUST-GST EXEMPT shall be distributed to the
SMITH CHILDREN'S TRUST. Further in the event the surviving Trustor does not fully
exercise surviving Trustor's testamentary general power of appointment upon the death of
surviving Trustor, the remaining assets of the SMITH MARITAL TRUST, a portion of which
7.18 Upon termination of the last of the several Trust Estates created upon the death
of the beneficiary, in the event it should become impossible, by reason of the death of any of the
beneficiaries named herein, or for any other reason. to distribute all or any portion of the Trust
Estates, then and in that event. any portion which is undistributable shall. at the time it becomes
undistributable, be distributed one-half(1l2)to the person or persons who would then be the heirs
of the predeceased Trustor and one-half (°A) to those who would then be the heirs of the
surviving Trustor, their respective identities and shares to be determined as if Trusters had died
intestate, applying California law then in effect relating to separate property net acquired from
a previously deceased spouse.
V. Trustors amend Paragraph 9.06 to read as follows:
9.06 Trustee shall have the power to pay to any Trustee all costs and expenses of
conducting the business and affairs of the Trust Estates and reasonable compensation in an
amount which shall be commensurate with the average charge of corporate Trustees in the State
of California. This right to receive such compensation may be waived by Trustee but the right
to compensation shall be noncumulative, from year to year.
VI. Trustors amend paragraph 11.01 to eliminate the power to remove any Trustee.
VII, Trustors amend Article XV in its entirety to read as follows.
ARTICLE XV
TRUS,IEES AND SUCCESSOR TRUSTEES
15.01 The initial Trustees of the Trust shall be HAROLD W. SMITH and MARTHA
LEE SMITH.
15.02 In the event that either of them should be unable, refuse or fail for any reason
to serve or to continue to serve as Trustee. then the following persons. in the order named, shall
became co-Trustee: RANDALL. L..SMITH or BRUCE C. SMITH;and an additional co-Trustee,
in the order named, ROBERT ROSENBERG or CATHERINE M. FISHER.
9
(2) The person holding such power for the trust for BRUCE C. SMITH and
his issue is ROBERT GURLEY.
15.06 Trustors hereby direct that all Trustees and Successor Trustees designated above
serve without bond.
Executed at Walnut Creek, California, this n day of July, 1994
TRUSTORS:
AROLD W. SMITH, by Martha Lee Sm' h, CUI,-,,, ",4 C
attorney-in-fact
MARTHA LEE SMITH
STATE OF CALIFORNIA }
} SS.
COUNTY OF CONTRA COSTA )
On 111Iv IQQ4 hefnrp me the understoned. a Notary Puhlic in and for said Countv
State of California
5S. rl «rorr,�.. owaen ,A,.,e
Sipwn(iy CSltoar dtw n�nwd blow
County of
On before
Notary Pu c, personally appeared
persona known to me (orf proved to me on the basis of satisfactory evidence) to b person(s) whose
names)-iare subscribed to the within instrument and acknowledged to me that h ey executed the
same in histheir authorized capacity(ies), and that by ' heir 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, o1= ctAL NOTARY SEAL
'TERESA M.IVES
Si na iw'� tart tc-.'c California
$ (Seal) SAN OIEGO COUNTY
My Comm.Ex*ee JUL 22,1993
FD-1 (Revised 1/93)
ACCEPTANCE OF TRUSIEES
HAROLD W. SMITH and MARTHA LEE SMITH hereby accept and agree to the amendments
made in the foregoing SECOND AMENDMENT TO DECLARATION OF TRUST.
Dated this day of July, 1994.
HAROLD W. SMITH, Trustee
by Martha Lee Smith, attorney-in-fact
MAR'T'HA LEE SMITH
(1 12
THIRD AMENDMENT
TO
DECLARATION OF TRUST
HAROLD W. SMITH and MARTHA LEE SMITH (*Trustors*) pursuant to the power reserved to
them in Article XI of the Declaration of Trust dated June 11, 1990, which replaced and restated all
of the provisions of the Declaration of Trust dated May 23, 1979, and which was a nded on
November 26, 1990 and again on July 8, 1894, hereby further amend said trust as
fes: Paragraphs 15.02 and 15.03 of Article XV are hereby deleted and reptiond by the
following:
15.02 In the event that either of there should be unable, refuse or fail for=W reason
to serve or to continue to serve as Trustee, then the following persons, in the named,
shall become co-Trustee: RANDALL L. SMITH and BRUCE C. SMITH, jointly, at iff either of
there should be unable, refuse or fall for any reason to serve or to continue to sem,the other
individually; and an additional co-Trustee in the order named: ROBERT RO'SENBERG or
CATHERINE M. FISHER. -
15.03 In the event that both of the initial Trustees should be unable, refuse or fall for
any reason to serve or to continue to serve as Trustee,then the following persons,in the order
named, shall become Trustee:
111 RANDALL L. SMITH and BRUCE C. SMITH, jointly, or if either of them
should be unable, refuse or fail for any reason to serve or to continue to serve, the
other individually;
(2) ROBERT ROSENBERG.
SECQND: In all other respects the Declaration of Trust is confirmed and approved.
Executed at �,.� , California, this J_C day of , 1995.
-1-
i
1
� A
TRUSTORS:
HAROLD—W. S"MI' H J.— MART A LEE SMITH
STATE OF CALIFORNIA, } WITNESS my hand and official seal.
} as.
COUNTY OF ALAMEDA )
On <�J & 1995, before me, Notary Public
a notary public for the State,
personally appeared HAROLD W. SMITH and MARTHA
LEE SMITH, personally known to me(or proved to irie ri
the -b-a-&-la- -at sa-404-049pt-evklemeQ to be the personas)
whose name{s}istare subscribed to the within instrument
and acknowledged to me that 4►efaltetthey executed the
same in hW#w/their authorized capacity(ies), and that by
hiettw/their signature(s)on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, {This area for official notarial seat}
executed the instrument.
Spa:MEWS 33246
_2_
f«e.cr..ranui�t 1�413rruii,.e.,md1. '