Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
MINUTES - 09232003 - C.14
TIME BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 23, 2003,by the following vete: AYES: SUPERVISORS GIOIA, UILKEPfiA, GREENBERG, GLOVER AND DESAUI.,NIER NOES: NONE ABSENT. NONE ABSTAIN: NONE RESOLUTION NO. 2003/ .565 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7647,being developed by Ashley V Partners, Walnut Creek area. (District f1l) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 7647, property located in the Walnut Creek area, Supervisorial District III, said map having been certified by the proper officials. ii. Subdivision. Agreement A subdivision agreement with Ashley V partners,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: Originator:Public Works(ES) I hereby certify that this is a true and correct copy of an action Contact: Rich Liarly(313-2358) JH:mr taken and entered on the minutes of the Board of Supervisors G:\GrpData\Eng5vc\8o\2003\9-23-03\SIJB 7547 BO-2l.doc on the late shown. cc: Public Works--T.Hell,Construction Current Planning,Community Development T—July 212004 Ashley V Partners SE1"1B� 200 Robert Pickett ATTESTED: s 2703 Ridgeview Lana JOHN SWEETEN,Clerk of the Board of Supervisors and Walnut Creek,CA 95498 Arch Insurance Company County Administrator Sharon J.Rusconi 2377 Gold Meadow Way Gold River,CA 95670 First American Title Insurance Company Ellen K.Hole By Deputy 1355 Willow Way,#100 Concord,CA 94520 RESOLUTION NO.2003/ 565 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7647,being developed by Ashley V Partners, Walnut Creek area. (District III) DATE: September 23, 2003 PAGE: 2 A. Cash Band Performance amount: $3,708.00 Auditor's Deposit Permit No. 411278 Date: September 4, 2003 Submitted by: Pickett Development Company, Inc. Tax ID Number: 68-0355809 B. Surety Bond Bond. Company: Arch.Insurance Company Bond Number: SU5002,672 Date: August 26,2003 Performance Amount: $367,092.00 Labor&Materials Amount: $185,400.00 Principal: Ashley V Partners 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 $31,100.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: Arch Insurance Company Bond Number: SU5002669 Date: August 26, 2003 Amount: $31,100.00 Principal: Ashley V Partners NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/565 ti SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivision- 7647 Principal: Ashley V Partners Effective Date: �- �J Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY PRINCIPAL Maurice M.Shiu,Public Works Director or . hf ri a �i f it `< Bir; 1�,..���<�w ti (Signature) tt,,, (Print name&title) Robert W.Pickett,General Partner RECOMMENDED FOR APPROV A? " � 6" ✓ 1` f "'.� (signature) By: _ eertng gerviceS b ton (Print name&title) FORM APPROVED: Victor J.Westman,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"Coon "and the above-mentioned Principal,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the 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 SEC TR Y. 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: $ 3,708.00 cash,plus additional security,in the amount:$ 367,092,0()__ which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of- Cash, fCash,certified check or cashiers check. X_ Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees performance under this agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance, B. For Payment: Security in the amount:8 185,400.00 which is fifty percent(50%)of the estimated cost ofthe 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,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 Articie 96-4.6, "Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to road improvements for private roads,which are not to be accepted into the County road system. 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 guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes necessary to the plans to accomplish the work as promised, 7. 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 Principal of the obligation to fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are County and County's special district,elective and appointive boards, commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage ofany kind allegedly suffered,incurred or threatened because of actions defined below and including personal injury,death,property damage, inverse condemnation,or any combination of these and regardless of whether or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as complete and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Principal shall pay when due,all the costs of the work,including inspections thereof and relocation of existing utilities required thereby. 10. SURVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors, if. NON-PERFORMANCE AND COSTS: If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Principal hereby consents to entry on the subdivision property by 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. INCORPORA'T'ION/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 tetter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8 (Indemenity)shall continue to apply in favor of tile indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. RL:1 D:tad G:\GrpDura\FnS5vc18om,s1AG WORMAc-ao.doc Rev.October 25,2001 STATE OF CALIFORNIA COUNTY OF CONTRA COSTA ON SEPTEMBER 3, 2003 BEFORE ME, MARY K. FINLEY, PERSONALLY APPEARED ROBERT WILLIAM PICKETT, 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 WHICH THE PERSON(S) ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND AND OFFICIAL SEAL. NOTARY SEAL Commtstgn#IV4051 NotayP' —C ►go NOTAR -SI T °RE ScnjomMncoLwgy MARY K. FINLEY PRINTED NAME OF NOTARY •r Y WIt r2�i fl Q 11 i C1;1Y-NZi} ' o W. ZIw � }O cs Lu i ' 4 � � y@� c.9 5'1Cd73L Chi r G� 72 Sm as O ' r f.4y �Q+ g < itY� iGf ir. r R 3 My [cL+a4�� 'SS S�iSy1'�o RA At I % -A �,S F ccrry�dd * it g ca F<<" ` i Y t7i`aU r'�su 46z < - # 609 69 OR w >n < � Wg��� r F t �[j H "a �� w cmw LK UfJ7 5400_.1-1 M NC.�•C�� F IA < zoo x vci JN 3�•yy Cj ftt��A,,gg y,. O g d:ff�r.(�Y�c?�j_'+���:'� �J d y180 l4 ;s SWR G] 2 0 `r" rya U2 0 14 0 2 Nei � w fit pi ll HIM\1 V,.ml . F If fill 'y�''., •«Y� Ca �a'" •I•TR`si..' pb �i5' iT ,moi sn K >"� KCg YSS'"I ,fix -I �yy, {,4 r��a � 5� � � � lit g „m ~y3g ab -rig a lit 9 Sig ••.-N � -1 iC�m 74 "'rY�. � �@ 7�'�`.�7" ;iS ;oa ra••• w "11,08 221.08' y f I 11 Pit- 19 ren i t- cin .� 15D.47' 9� SEE DETAIL "A" astir' (� 155.20 '� Lf N0000 W �.n. FMN 1"1.P.&TAG Ls 2169 to 40.0 180.76' 70 cc, DkSIOCE 4� � yc►pe Tsn �r �Y � '�Fn^, t� ".N� i� � .A h�'•� ..,.,.._��,�pY� `� (��y St p'Y� 5} x VAS(T) v 803 (is),zz� ' t COUNTY Of CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER f T TO THE TREASURER: MARTINEZ,CALIFORNIA C RECEIVED FROM ORGANIZATION NUMBER (organ lion) (Par Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUCB. TASK OPTION ACTIVITY AMOUNT AC $ 1 11 1 [ fill AM } • i , ` r � S ' �(i} J (�Ct tl�C ' 1 % ji b f �ji j 6 o LID 1-26 L19, r i i I ' ' 01 EX LAVATION: t: TOTAL $ DEPOSIT Deposit consists of the following item�s� � COIN and CURRENCY $ .+�`7`".�r ✓ CHECKS,M.O.,ETC. BANK DEPOSITS $s FOR AUDITOR-CONTROLLER USE ONLY rtsJ tCI - Y�s i'�`r' C /l 17-� DEPOSIT /L✓j'fC��� 12 w 3, ' f� .2 lcl . r C !'' 3'7 PERMIT C;.a /GIG 2 3 DP /6 f'S. 3 � �t.! !;.,� 10117 NUMBER _t1� 3 �llt ..� ,�»� �� ( '�` (�� 1t/c: etc; f DATE " 3 J< ASSIGNED The amount of money described above is for Tr asurer"s receipt of above amount is approved. Receipt of above amount ii hereby deposit into the County Treasury. n acknowledged. ( Si d A=s _ P Date ! b= Sig ned: Signed: V"/ Title �I/< .l_`YZl-�EXT. 57, L'11`�' `� Deputy Count Auditor Deputy County Treasurer 0-34 REV.(7-93) r f� rr COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER r1 1E TREASURER. MARTINEZ,CALIFORNIA VED FROM ORGANIZATION NUMBER orcprimtion) (For Cash Collection Procedures see County Administrator's Bulletin 105,) i DESCRIPTION FUNDJORCa. SUB` TASK OPTION ACTIVITY AMOUNT ACCT. $ -° � { t� qi I alb 3 ~ 5&0i'.) % � t 1 t 2 1j TC/ I t 4 t6Xk r t i t 1 s t 3 f I / t I LIZ kNAT#ON: 6"q f 7 5W s ;23 f? 4 r?-3 7 P f� 115q3 � � !3 5 �d' TOTAL $ t C.C C r `' 63,C < }`� ?1 _Y..279 79 I_ r lz DEPOSIT c Deposit consists of the following items COIN and CURRENCY $ CHECKS,MA„ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE ASSIGNED mount 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. Date Signed- Signed: ned: .. EXT. Deputy County Auditor Deputy County Treasurer V.j7-93j t=r� f: 4 � COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA TO THE TREASURER: RECEIVED FROM ORGANIZATION NUM'8kR (For Cash Collection Procedures see County Administrator's Bulletin 105.) j DESCRIPTION FUND/ORG. ACCT. TASK OPTION ACTIVITY AMOUNT i # t fi # # , . # # t # fi # t 4 # 1 # I I # # Z EXPLANATION. TOTAL $ DEPOSIT Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.G}ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT (� 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 I deposit into the County Tregsury. acknowledged. Date 9 _ s � - .,.-,. Signed:.... _ Signed: Tit t ,. ("� �xT .��`f Deputy County Auditor Deputy County Treasurer D-34 REV.('7-93) 819800-0800: 61120639, $70,000.00, NR95-0020 Cash Bond, Clyde Figone, 39 Creek View Circle, Larkspur, CA 94939 819800-4800. G1120641, $22,050.00,DP02-3057 Cash performance Bond, Fairfield San Ramon South LLC, 5510 Morehouse Drive, Suite 200, San Diego, CA 91222 819800-0800: 6.2120645, $1..,250.00, Sub 8570, Performance Cash Bond, Hoffmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: 611.20646, $3,708.00, 7647, Cash Bond, Pickett Development Company, Inc. 2703 Ridgeview.Lane, Walnut Creek, CA 94598 0649-9665 / 831000: G1120640,$5,000.00,'NR 950020, Inspection Deposit, Clyde Figone, 39 Creek View Circle, Larkspur, CA 94939 0649-9665 / 831000: 61120642, $102,700.00,'DP02-3057, Development Plan Improvement Inspection Deposit, Fairfield San Ramon South LLC, 5510 t' r Morehouse Drive, Suite 200, San Diego, CA 91212 0649-9665 / 831000: G1120642, $43,762.00, ',DP03-3004, Civil Improvement Plan Review-Development Permit Deposit, Fairfield Creekview LP, 5510 Morehouse Dr, Suite 200, San Diego, CA 92121 I 0649-9665 / 831000: 61120643, $500.00,"'R5 2826 Record of Survey Deposit, job 1008-20, CBG, 2603 Camino Ramon, #100, San Ramon, CA 94583 0649-9665 / 831000: G1120644, $500.00, RS 2825 Record of Survey Deposit, job 2823, Elizabeth & David Hicks, 35 Pinewood, Ct. Walnut Creek, CA 94596 0649-9665 / 831000:G1120647, SD 7647, Pickett Development Company, Inc. 2703 Ridgeview Lane, Walnut Creek, CA 94598 $20,186.010, Inspection Deposit $U66.38, Map Check Deposit $2,545.21, Improvement Plan Check $1 ,680.45, Application Review Payment ' 0648-9140 1 812100: G1121231, $44,465.00, BW DA105 Sub Reg, City of Brentwood, 708 Third St. Brentwood, CA 94510 Subdivislon: 7647, North Cate Road Blond No.. SUS 0fl 2 9 7 27Pry"gym I, 42.00 IMPRI OVEMZ EN{'SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 66499 . 66499.10) L RgaTAL of St paivtslori AGR FmgE,Lr: The developer(principal)has executed a subdivision agreernant with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision 7647 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 carder to satisfy conditions for filing of a final map or parcel rnap for said subdivision. 2. 4RLIGATION! Ashley V Partners as principal and Arch Insurance Company , a corporation organized and existing under the laws of'the State of Missouri and authorised 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: *Three Hurx3red Sixty-Seven Thousand, Ninety-T vo A. Performance and Guarantee: Dollars and 00/100*** Dollars(S 367,092.00 )for Contra Costa County or any city assignee under the above Courtly Subdivision Agreement. *One Homed 'Eighty-Five Thousand, Four Hundred. Dollars B. Payment. and 030/100*** $185,,400.00 )to secure the claims to which reference is mane in Title XV (commencing with Section 3082) of Part 4 of Division ill of the Civil Code of the State of California. 1 C',taNDITaorr: 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 provislon,s 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 inderranify 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 farce and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable crusts,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. W The condition of this obligation, as to Section (2.8.) 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 risen and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this band,will pay,in addition to the fact amount thereof,reasonable costa,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 3n 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,thea this obligation shall became 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. Sic I I ANI)SEALEF!on August 26, 2003 PRINCIPAL: Ashley V Partners SURETY. Arch Insurance Company Address; 2703 Ridgeview Lane Address, 2377 Gold Meadow flay City: Walnut Creek �dip. 954013 City, Gold River ip, 95670 By: By: Pont Name: � � t> tri Print Name. on J. Rusconi� Title: Title; Attorney-in-Fact 4D:mw:i.p G:GtpQ u�ngSYclFam}a 9`�WOW3\BW 2 doe Rev.Aural 13.3443 WOOER OF ATTORNEY Know All Men By Thee Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal office in Kansas City, Missouri(hereinafter referred to as the"Company")does hereby appoint Sandy Black and Sharon J. Rusconi of Sacramento,CA(EACH) its true and lawful Attorney{s}-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on Its behalf as surety,and as its act and deed: Any and all bands and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings In pursuance of these presents shall be as.binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly,executed and acknowledged by its regularly elected officers at its principal office in Kansas City, Missouri. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: 'VOTED, That the Chairman of the Board, the President,or any Vice President, or their appointees designated In writing and fled with the Secretary, or the Secretary shell have the power and authority to appoint agents and attorneys-in»fact, and to authorize therm to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognlzances, contracts of indemnity and ether writings, obligatory In the nature thereof, and any such officers of the Company may appoint agents for acceptance of process.* This Power of Attorney Is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous_consent of the Board of Directors of the Company.on March 3, 2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or band executed pursuant to the resolution adopted by the Board of Directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached,shall continue to be valid and binding upon the Company. OOMLOO13 0003 03 Page'I of 2 Printed In U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixec, authorized officers,this 24th day of .lulu , 20 03 Arch Insurance Company Attested and Certified once CoRro"T[ i3 SEpi, i Missouri 1977 Joseph S.Ldtoff, Corporate Secretary Thomas P. Luckstone,Vice President STATE OF CONNECTICUT SS COUNTY OF FAIRFIELD SS I Melissa B. Gilligan, a Notary Public,do hereby certil5j that Thomas P. Luckstone and Joseph S. Labell personally known to me to be the same persons whose names are respectively as Vice President and Corporate Secretary of the Arch Insurance Ccmpany, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein sat forth. 0FFiCIAL SFAs. Ma"8,{ L GAN,Nott'Ftp St*0fCW*dW Mellssa . illigan, Notary Public Corrunissirn F '` My commission expires 2-28-05 CERTIFICATION 1, Joseph S. Labell, Corporate Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated July 24.2003 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and Is In full force and effect on the date of this certificate; and I do further certify that the said Thomas P.Luckstone,who executed the Power of Attorney as Vice President,was on the date of execution of the attached Power of Attorney the duly elected Vice President of the Arch Insurance Company. IN TESTIMONY ��R,,EOF, I have hereunto subscribed my n BTe and affixed the corporate seal of the Arch Insurance Company on this ` day of Aug is ,20 Joseph S ell, Corporate Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. ane* CORPO"Te SEAL 3i �Iss¢ncr Homs Office:Kansas City, MO OOMLOO13 00 03 03 Paget of 2 Printed In U.S.A. ARCH INSURANCE COMPANY 2377 GOLD MEADOW WAY GOLD RIVER.,CA 95670 Phone (916)526-2785,FAX (916)526-2786 Bond Number: SU5002672 Date: 8/26/2003 Terrorism Risk hider This rider addresses the requirements of the Terrorism Risk Insurance Act of 2002. In accordance with the above Act, we are providing this disclosure notice for all bonds on which one or more of the above identified companies is a surety. Coverage for certified acts of terrorism is included in the attached bond and will be partially reimbursed by the United States under a formula established by the Act. The United States will pay 90% of covered terrorism losses in excess of a statutory established deductible to the insurance company issuing the bond. In no way will the payment for loss on this bond exceed the limit of liability under this bond. This rider does not provide coverage for any loss that would otherwise be excluded by the terms of this bond. The premium charge under your bond for coverage for certified acts of terrorism is $0.00. Important Notice: The cost of terrorism coverage is subject to change on any bond that premium is charged annually. STATE OF California SS. COUNTY OF Sacramento On 1 t ��'� before rrte, Sandra R. Black,Notary Public S� 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)islere subscribed to the within instrument and acknowledged to me that helshelthey executed the same in histher/their authorized capacity(ies).and that by hislherltheir *-9—COMM. SANDRA R. BLACK j signature(s)oit the instrument tete person(s), or the ettitd upon behalf � UCOMM.S ix60US NOTARY PUWC4AUFiJttW of which the persons)acted, executed the instrument. SAC rp COUNTY D EXP.APRIL'S 0,2044 WITNESS nay hand and official seal. s �r � s f Signature This area,for Official Notarial Seal OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL El CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT T;ILE(5) PARTNER(S) LIMITED CI GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) ® GUARDIAN/CONSERVATOR �1 OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)6R ENTMY;iES) Arch Insurance Company SIGNERS OTHER THAN NAMED ABOVE 10-1232(REV.W01) ALL-PURPOSE ACKNOWLEDGEMENT NOTARY ACKNOWLEDGMENT STATE OF CAS IFORNiA }ss COUNTY OF 2& 20o , before me :L �j e , a Notary Public in and for said State, personally appeared R o ,� ; 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/thgy executed the same in his/her/their authorized capacity(les), and that by his/her/their sl4nature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the 'nstrument. WITNESS my hand and offs I seal. P ; ! Signature (This ores for oMdot notarial soot) OPTIONAL: DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Date of Document NOTARYALK(Raw V94) ttID 1#F# R9��1t�3 7123103.lVIL ENG. $42 747 Tex Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building, Room 100 PC.Box 631 }}.. Russell V.Watts Martinez, California 94563- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 Count/ Joslyn Mitchell (925)646-4135 FAX "�'jl Tax Operations Supervisor Date: 7/23/2003 IF THIS TRACT IS NOT PILED 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. 7647 WALNUT CREEK 79048 Parcel#: 138-170-008-5 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 $31,100.00 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 Collector gy. .. . EMS ��j S1ir��rRi+a sllll� 1 Ashley V Partners r9*Aamrrissa IM6 Co Arch Insurance Company 2703 Ridgeview Tine im wwwway,att*1 2377 Gold Meadow Way dt Walnut Creek, CA 94598 e;aae+a Who o% Gold River CA 95670 Attn: Bob Pickett Pty & 0 Phone: 916-526-2785 Phone: 925-938-3000 Ta y"rIDG 44 �#�er ai9�"7�t1 Rand #SU5002669 Premium $622.00 UNOW AM MEN BY TMIR PRESENTS; THAT the udtti ed,w Windpal and (Savty) Arch Insurance Za' npany a oorpe ou OrgwdZed and 0xisting MWM tide lsWs of the StAte of�. .. ..�: ad autbariard to bussat surety bush m in Califbmia ss sucaty aro held nand&xly It td ens the-County of Coma Coda.States of Cal ms,in the penal sum of thirty me tluauau 4 Dees hodred and rew/100 Dol (01,1 MOO),to be paid to 3Wd County of Com Costa.tat Oe pasyt a(which will and amity U sus do we ad eub of us Wad ouaelves„sear heim rxeeasate►ta„*ftinistmtox W saccenw,,oiotly atud sevesrstly, flyby&M presents. Sealed +oat-Seals and dated tb_ 26th,day of Ault.,, �.., 2003. The cm id oo of du above+obti*on is such deal WUMULAS„U alaovo 6c>=4t4 prixtoiPal is about to fele a amp added SuMvisiem 7647 ad zovam a subdividon of a Portion of land in said County of Cmtra Ccfa and thim av cartabt lienar for taxvs and Waial=MMIM ewllootesd ss axes,slaWt this said tract of laod covered by said ram. wWch taxer said sps`sibi ass+ae►sctzmn Wlated u taxes-,we not as yet due or payable, NOW,'TI MOORS,if the Wd Z ja"sit pay sit a rtb%wo ad VMW assesaa alts ootl+rctcd as tax"wwch asci a lion"Sian said#rot*flout oared by said =44 at t1w time*fthe filing ofsaid zap of sW4#z .than ti#obli dlon Adl be v*W and Ono o of 4 of wwisa it"I romain is#ill fcoce noel eft" Ashley V Partners Arch Insurance Company fG"i ' Sharon J. Rusconi Attorney-in-Fact BOND REVIEWED AND APPROVED .CONTRA COSTA COUNTY `REAS R TA)L COLLECTOR ARCH INSURANCE COMPANY 2377 GOLD MEADOW WAY GOLD RIVER, CA 95670 Phone (916)526-2785,FAX (916)525-2786 Bond Number. SU5002669 Date: 8/26/2003 Terrorism Risk Rider This rider addresses the requirements of the Terrorism Risk Insurance Act of 2002. In accordance with the above Act, we are providing this disclosure notice for all bonds on which one or more of the above identified companies is a surety. Coverage for certified acts of terrorism is included in the attached bond and will be partially reimbursed by the United States under a formula established by the Act. The United States will pay 90% of covered terrorism losses in excess of a statutory established deductible to the insurance company issuing the bond. In no way will the payment for loss on this bond exceed the limit of liability under this bond. This rider does not provide coverage for any loss that would otherwise be excluded by the terms of this bond. The premium charge under your bond for coverage for certified acts of terrorism is $0.00. Important Notice: The cost of terrorism coverage is subject to change on any bond that premium is charged annually. POWER OF ATTORNEY Know All Men By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri,having its principal office in Kansas City, Missouri(hereinafter referrers to as the"Company")does hereby appoint Sandy Black and Sharon J. Rusconi of Sacramento,CA(EACH) its true and lawful Attorneys)-in-l=ast,to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety,and as its act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seal and deliver bonds or undertakings that guarantee the payment or collection of any promissory note,check,draft or letter of credit. This authority sloes not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. The Company may revoke this appointment at any time. The execution of such bonds and undertakings In pursuance of these presents shallbe as.binding upon the said Company as fully and amply to all intents and purposes,as if ttie same had beers duly,exeeuted and acknowledged by its regularly elected officers at its principal office In Kansas City, Missouri. This bower of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on March 3, 2003, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attomeys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thei*eto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous.consent of the Board of Directors of the Company.on March 3,2003: VOTED, That the signature of the Chairman of the Board, the President, or any Vice president, or their appointees designated in writing and flied with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adapted by the Board of directors on March 3, 2003, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company, OOML00i3 00 03 03 i^tago I of 2 Printed In U.S.A. NOTARY ACKNOWLEDGMENT NATE OF CALIFORNIA }ss COUNTY On r' 2,70413 , before mei..)� 'c- � u � , a Notary Public In and for said Mate, personally appeared ,i , ; . l c personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged to me that helshelthey executed the same in histherltheir authorized capacity(les), and that by histherttheir sigrture(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted; executed the ` strument. WITNESS my l and and offl I seal. f �yl� �k - ' � , , Slgnatur@� f 4{ 4 yy f" ,5 ('this area tar official notadal seal) OPTIONAL: DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Date of Document NOTARY.BLK(Row 6/84) STATE OF California SS. COUNTY OF Sacramento On f9) �. ,a)_..�.. c��!�� r}�,�f.� before rne, Sandra R.Black,(Votary Public PERSONALLY APPEARED Sharon J. Rusconl personally known to the(or proved to me on the basis of satisfactory evidence)to be the person(s)whose namefs)islare subscribed to the within instrument and acknowledged to me that hel he/they executed the same in hLVherltheir authorized capacity(ies),and that by hislher/their si8aaturel s)on the instrument the persons s), or the entity upon behalf of which the person(s)acted, executed the instrument. SANDRA R. BLACK WITNESS my hand and official seal. CCMIA.#126GUS NOTARY PuBLICtALIFORNIA Cf SACRAA EWO CouNTY sCOMM,EXP.APRIL 1$ 21164 . i Signature i This area for Pfficial Notarial Seal OPTIONAL Though the data below is not required by lays(, 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 0 PARTNER(S) ❑ LIMITED 17 GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES �I TRUSTEE(S) El GUARDIARICONSERVATOR OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME or:FEaso*sr OR ENTriYti€s> Arch Insurance Company SIGNERS OTHER THAN NAMED ABOVE ID-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT 1390 S.Main Street Ste.310 Walnut Creek, CA 94596 PH (925)476-2300 JUIQUOT FX(925)476-2350 BOND ESTIMATE SUBDIVISION 7647 NORTH GATE ROAM, CCCO. Date: 7/2212003 Project No.: 202045.00 This estimate is not to be used for any financial decision or project scheduling by the user, until a qualified contractor confirms the unit costs herein. Variation of unit costs is affected by fluctuating costs of materials, availability of qualified construction subcontractors, and the difficulty of each project. This estimate should only be used as a starting point and for the user to become familiarized with the quantity of improvements. This estimate does not guarantee nor warrant that all improvements, which may become necessary to complete the project, are represented herein. ITEM DESCRIPTION 'TY UNIT UNIT COST IOTA ON-ITE- _ 9,534 1 �STREETWO RK {' _ 1 0.25'AC OVER 1.0'AB l SF $5 6Q $1.13,274.00 - $- 2 S1-6 CURB & GUTTER ("A" LANE).__. 1,275 LF $15 00_1 $19,125_00 3 STREET NAME SIGN (NORTH GATE) - 1 EA 0 $500.00 4 $500 0NO PARKING SIGN _ — _ - - � 3 EA $500.00 $1,500.$0 l� 6 CURB A5 STOP N - - - 111 EA 200.00 $500.00 $2 200.00 , -` 7 STRIPING (PAINT) - 75 LF $5.00 1 $375.00 8 STOP MESSAGE (THERMOPLASTIC) I 1 EA. $4$_-1— $400.00 , 9 PAINT RED CURB - 590 L F $2 00 3 $1 180.00 I 10 FINISH GRADING 27,2001 SF $0.40 - $10,880.00 1 !- SUBTOTAL! $149,934,00 II STORM DRAIN _ ___._ ____._ 1 TYPE"A" INLET("A" LANE) __ __. _ � 2 00 'TYPE'"C" IN - -- 3 _EA + $2,000.00 { $6,404 00.1 _ 11 . SDMH -- — -..� 1 , I_ $2,400.00 ._-_ EA _$2,400 4d 4 )V12 CHRISTY BOX _ _ _ -_-524 LF Y 1$51 0Q 3 EA $1 000 00_ $3 000.00 5 12"ADS-N12 $26,524 00 6 `18"ADS-N12 _ -- -- 52 - LF $76.50 $3,978.00 7 6"ADS _. __ - - 114 EA _ - _ � ._ -_ - - -_ $25.50_ $2,907 00_ __- 00000_ - 8 LOOSE GRAVEL(GRASSY SWALE) LS $1,_ _ 1 _.._ _ _. $1,000.00 _ 9 15"ADS-N12 306' LF 75 1 $19,125.00 j 10 I TENCIL INLETS I ._ 61 EA $480.00 k SUBTOTAI I $70,61000 ON-SITE CONSTRUCTION COST $220,444.00 I 10°la CONTINGENCYt 22,044 40� TOTAL ON-SITE CONSTRUCTION COST $24438.40 C r., LU No _ , 44 0:120200.001202045.012 Engineering SurveyinglEstimatesli3ond Estimete,xis 10:'10 AW81201200311 of 2 ITEM I DESCRIPTION TY UNIT UNIT C211TOTAL OFF-SITE: STREETWORK 1 10.33'AC OVER 1.4'AB (NORTH GATE) 3,470 SF $8.30 $28,801.00 I _ 2TW AC 3 - -I6"AC DIKE {NORTHGATE) 175 LF $1 AY{NORTH GATE) $2,80 $2,587.201 1.00 $1,925.00 - -- _ - 4 1AC PATHWAY 1,040 SF $4.40 $4,576.00 -- 5 SAW CUT LENS (NORTH GATE) - - -331 LF _ $1.22 $403.132 j 6 FINISH GRADING 8275 SF $0.40 $3,310.00 7 STRIPING 1 LS $1,500.00 $1,500.00 8 REMOVE & REPLACE EX. FENCE (CUNNINGHAM) 127 LF $20.00 $2,540.00 - I SURTO ALI $45,643.i�2 If STORM DRAIN_- 1 TYPE"A" INLET - 1 EA 1 $1,700.00 $1,700.00 1 2 18"ACTS-N12 (ON EX. PAVE.) 588 IF $104.40 $61,387.20 3 SO-CMP CULVERT CONNECTION - 1 LS $2,000.00 � $2,000.00 4 L©OSE GRAVEL DITCH 1 LS $1,000.00 $1, « { --- - - --- T--- ` ---- - 000 00 6 TYPE C INLET 1 EA - - $2,400.00 $2,400.00 5 SQMH_ 1 EA $2 400.00 . $2,400.00 i 7 'STENCIL INLET 2 EA $80.00 $160.00 a _ SUBTOTAL $71,047.20 1 _ _ OFF-SITE CONSTRUCTION COSTT $116,690.22 ' 10%CONTINGENCY1 $11,669.02 TOTAL OFF-SITE CONSTRUCTIONCOST $128,359 24-{ GRAND TOTAL BOTH SITES CONSTRUCTION COST, -$370,847.64 FESS �' � .e\ , �> ���� � BOND AMOUNT $370,800.00 ` CASH $3,708.00 t PERFORMANCE BOND $367,092.00 �C. 48748 PAYMENT BOND $185,400.00 _ civl\. " 0;120200.001202045.012 Engineering SurveyinglEstimates/Bond Estimate.xis 10:10 AM181201200312 of 2