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Home My WebLink AboutMINUTES - 09192006 - C.5 CS TO: BOARD OF SUPERVISORS .SEL = Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR ;;_ti,lr _ ;z Costa DATE: September 19, 2006 sTA �ei;ii County SUBJECT: Approving the Parcel Map and Subdivision Agreement for Minor Subdivision 04-00012,for project being developed by Oscar A. Salazar and Oscar W.A. Dias,Bay Point area. (District V) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/, --5 for Minor Subdivision 04-00012,approving the Parcel Map and Subdivision Agreement, for project being developed by Oscar A. Salazar and Oscar W.A. Dias, Bay Point area. (District V) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Public Works staff has reviewed the conditions of approval and finds that all applicable conditions for map recording have been satisfied. CONSEQUENCES OF NEGATIVE ACTION: The parcel map will not,be recorded. Continued on Attachment: i/ SIGNATURE: _4.,ItECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE A,,{PROVE OTHER SIGNATURES : ACTION OF BO ON z APPROVED AS RECOMMENDED V OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the VO OF SUPERVISORS .�' minutes of the Board of Supervisors on the UNANIMOUS(ABSENT ) date shown. AYES: NOES: ABSENT: ABSTAIN: - ATTESTED: 4wra!,diy Originator:Public Works(ES) JOHN CULLEN, Clerk of the Board of Contact: S.Gospodchikov(313-2316) AH:vz Supervisors and County Administrator 6:\EngSvc\BO\2006\09-19\MS 04-0012 110-21.doc cc: Public Works—Construction Current Planning,Community Development T—July 19,2007 Oscar A.Salazar By , Deputy 1697 St.Germain Place Concord,CA 94521 Indemnity Company of California 2999 Oak Road,Suite 420 , Walnut Creek,CA 94597 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on September 19, 2006 by the following vote: AYES: SUPERVISORS UILKEMA, DeSAULNIER, GLOVER, GIOIA NONE: NONE ABSENT: SUPERVISOR PIEPHO ABSTAIN: NONE RESOLUTION NO. 2006/ `�u'� SUBJECT: Approving the Parcel Map and Subdivision Agreement for Minor Subdivision 04- 00012, for project being developed by Oscar A. Salazar and Oscar W.A. Dias, Bay Point area. (District V) The following documents were presented for Board approval this date: I. Map i The parcel map of Minor Subdivision 04-00012, property located in the Bay Point area,Supervisorial District V,said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Oscar A. Salazar and Oscar W.A. Dias, principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within two years 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: S.Gospodchikov(313-2316) taken and entered on the minutes of the Board of Supervisors AH:vz on the date shown. G:\EngSvc\BO\2006\09-19\MS 04-0012 BO-21.doc cc: Public Works—Construction Current Planning,Community Development T—July 19,2007 G ATTESTED: ar7,6Gy Oscar A.Salazar i 1697 St.Germain Place Concord,CAA 94521. JOHN CULLEN, Clerk of the Board of Supervisors and Indemnity Company of California County Administrator 2999 Oak Road,Suite 420 Walnut Creek,CA 94597 By ,Deputy RESOLUTION NO.2006/ 5.�� SUBJECT: Approving the Parcel Map and Subdivision Agreement for Minor Subdivision 04- 00012, for project being developed by Oscar A. Salazar and Oscar W.A. Dias, Bay Point area. (District V) DATE: September 19, 2006 PAGE: .2 A. Cash Bond Performance amount: $7,820.00 Auditor's Deposit Permit No. 469817 Date: August 31, 2006 Submitted by: Shilpa Pathare Tax ID Number: 227-65-8152 B. Surety Bond Bond Company: Indemnity,-Company of California Bond Number: '7208310S ''Date: May 22, 2.006 Performance Amount: $70,380.00 Labor&Materials Amount: $39,100.00 Principal: Oscar A. Salazar and Oscar W.A. Dias 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 2005-2006 tax lien has been paid in full and the 2006-2007 tax lien,which became a lien on the first day of January 2006, is estimated to be,$8,200.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Auditor's Deposit Permit: 469624 Date: August 29, 2006 Amount: $8,2.00.00 Submitted by: Oscar Salazar 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 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. IRESOL UTION NO. _006/,6-q-5� V� N , Q tp� .�. .� - CA 40r s C% Y o 75 MA' _ - tt ~F ypR Y/p at r " ru fro d � 1 x w"A 401 %U U, s a � r $ ................................. a� 1 fi } co �.SA � - AX'A ci �Ot � 3L7'tl.k?I z Q �� s 41 14 w g dj "R -Ail t f 06 .qL M.0014 1k$ Q a lu 40 Q. r ri --� " a o a CA g.. " -its z CIA G 4 It . Ulm p d5 ��y„a•n y,l7 � �{�z 4rS � �, c $� lot a � ¢ ,ani � • � �Q � `".,".. � � �. r o 1WR < E Y < Q r '� �- � � ,• � $g�5yq- may � � �" '{� :c p All -1 f1p *pj Its tr o � SUBDIVISION AGREEMENT (Gov.Code,§§66462 and 6,646 3) Sept 69 Subdivision: MS O4-0012 Effective Date: 4t"-1Z-1Z 2006 Subdivider. Oscar A. Salazar and Oscar W.A. Dias Completion Period: Two (2) years THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER Maurice M.Shiu,Puplic Works Director By. ir.� Print Name scar A. Sd zar RECOMMENDED FO A e OVAL: PrintTitl .0 mer / X By: K/ Print Na SCdrA. Was Engineering ervices Divisio PrintTifle Owner FORM APPROVED: Silvano B.Marches!,County Counsel NOTE:All signatures must be acknowledged.If Subdivider is incorporated,the contract must be signed by two officers.The first signature must be that of the chairman of the board,president,or vice-president;the second signature must be that of the secretary, assistant secretary,chief financial officer,or assistant treasurer.(Civ.Code,§1190 and Corps.Code,§313.). CERTIFICATE OF ACKNOWLEDGMENT State of California ) �yss. ,�r County of b Pr�(�a_ ) CrqaV A SGCIQZA.r' On the data written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for GIAA 054W UJ I 0_1SP 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 helshelthey executed the same in Msitrerltheir authorized capacity(ies),and that by hislher/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. /}� Dated: Notary Public (Notary Seal) COSUSAN MM.�B T G) WTAWPURUC- tA 'V aconr�e c�eraaw►+iv My Comrrt 6�Nes Ort 2r,Y ( . _ _ �e++T+ere+eve er•�+a w r er s end e�� wed _. . 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,(hereinafter'County")and the above-mentioned Subdivider mutually promise and agree as follows concerning this Subdivision: 2. IMPROVEMENTS.Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required in the improvement plans for this Subdivision as reviewed and on file with the Contra Costa County Public Works Department,as required by the Conditions of Approval for this Subdivision,and in conformance with the Contra Costa County Ordinance Code,including future amendments thereto (hereinafter"Ordinance Code'). Subdivider shall complete said,improvements(hereinafter"Work")within the above completion period from date hereof,as required by the California Subdivision Map Act(Gov. Code,§§66410 et.seq.)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the Ordinance Code and rulings made thereunder,and where there is a conflict among the improvement plans,the Conditions of Approval and the Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENTS SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Gov.Code§66499 and,the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: s 7.820 00 ,cash,plus additional security,in the amount of s 70,380.00 ,which together total one hundred percent(100%)of the estimated cost of the Work. Such additional security is presented in the form of:- Cash, f:Cash,certified check or cashier's check. �—Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Subdivider guarantees performance urider 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 s 39.5100.00 which is fifty percent(500%)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. Form Approved by County Counsel Acceptable irrevocable letter of credit. [Rev.9/031 Page 1 of.2 .'COUNTY OF CONTRA COSTA 1 r DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ, CALIFORNIA TO THE TREASURER: t� RECEIVED FROM Public Works . ORGANIZATION NUMBER 650 rgan a io (For Cash Collection Procedures See County Administrator's Bulletii DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT ACCT Sales Tax 100300 0637 32.43 Sale of Prints 004530 9931 REV I 6GO085 137.75 Sale of Prints 6AO026 93.85 Sale of Plans & Specs 004500 6AO196 167.70 Corner Records 3997- 3999 000651 9660 1 1 6LO88D 40.00 Premium Billing 6LO85C ;� r DA 00-00005 Drainge Imp Ext 6LO76B 250.00 SD02-08688 ROWL Ext 250.00 SD98-08134 Sub Agmt Ext IF 250.00 M804-0012 Base Map Fee 004528 9931 6KO030 75.00 RA02-01137 Sub ROWL Ext 000651 9660 1 1 6LO76B 250.00 RA02-01137 Rd Imp Ext IF 250.00 SD06-09142 Land Plan Ck 6LO81C 484.00 SD06-09143 Land Plan Ck 352.00 SD 89-07418 Plan Ck Over 6L0072 2,521.36 Notary Fee 004500 9975 20.00 TOTAL $ Acctng: G1203226-G1203254 DEPOSIT 255,628.19 Deposit consists of the following items Records: G1203049-G1203087 COIN and CURRENCY $ 93.90 Eng Svcs: G1202341 G1202354 voids G1203082, G1203083 CHECKS,M.O.,ETC. $ 255,534.29 Invoces: 912240,912293,912298,912300,912304,912305,912309,912224, BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY 912321, 912325, 950589, BA'S 32722, 32831, 18988, 31026, 31139,26862,23994 DEPOSIT PERMIT DP 24794, 11207, 15790,25318, 31720, 31192,29417, 30462, NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged. deposit into the County Treasury r Signed 1 Signed: Signed . Title ! w ( (a '`TEXT/'� - � De'uty&unty Auditor Deputy County Treasurer A D-34 Rev.(7-93) r.1 t 'd COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR`CONTROLLER MARTINEZ, CALIFORNIA TO THE TREASURER: ' RECEIVED FROM Public Works ORGANIZATION NUMBER 650 rgani ion. (For Cash Collection Procedures See County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT ACCT SR4BA-06-T52 Permit 007862 9755 REV 6X4409 16.00 Ind 950589 89 Farden Smith 000672 16U2504 50.00 TP06-00024 BA 32722 003520 9660 5BO51X 93.39 Z106-11413 BA 32831 5BO48D 837.54 EF01-00602 BA 18988 000651 16L72RP 2,249.65 16LO83A 160.92 6LO83B 90.89 LP05-02077 BA 31026 003520 5B0029 802.62 DP05-03086 BA 31139 5BO36X 1.61.43 EL05-20291 BA 26862 000651 6LO81 F 96.89 DP03-03011 BA 23994 003520 5BO36X 100.00 TP03-0023 BA 24794 1 1 1 15BO60B 65.97 LP88-02032. BA11207 5BO60A 278.04 ED 98-00418 BA15790 000651 6LO84B 364.68 EF03-00626 BA 253186LO83A 105.38 EF06-00602 BA 31720 443.88 EXPLANATION: TOTAL $ DEPOSIT C.C.: Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O., ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP `T NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged. deposit into the County Treasury Signed - / ?i Date ! Signe -,,, -I Signed: g { Title. D'eput .Count Auditor Deput Count Treasurer D-34 Rev.(7-93) ` COUNTY OF CONTRA COSTA y, , DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA TO THE TREASURER: RECEIVED FROM Public Works ORGANIZATION NUMBER 650 rganaa ion - DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT ACCT FS05-00050 BA 31192 000651 9660 REV 6L83PV 2,578.16 FS05-00033 BA 29417 1,754.03 MS05-00029 BA 30462 6L0034 .1,476.16 Postage Reimb 004500 21031 SAS 999SAS 16.47 Trust Fund 819800 0800 37,020.00 000649 9665 197,740.00 F� 000682 9755 3,600.00 EXPLANATION: TOTAL $ DEPOSIT C.C.: Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O., ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER Ba`::F:+. -� .Afxft..;,� ;,. ;r DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby acknowledged. deposit into the County Treasury Signed ..'Date"_!- i r•ti �' Signed. ° b vt't} Signed r fi r . �. Title z? .•EXT {. Deputy County Auditor Deputy County Treasurer D-34 Rev.(7-93) 819800-0800: .G1203056, $7,820.00, MS 04-0012, Cash Bond, Shilpa Pathare, 4410 Black Walnut Court, Concord, CA 94521 819800-0800: G1203065, $5,200.00, DA 04-00036, Cash Bond, 5hapell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035 r 819800-0800: G1203066, $2,400.00, 51)06-09144, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 819800-0800: G1203069, $1,000.00, 5[)06-8930, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 819800-0800: G1203070, $3,300.00, SD06-09142, Cash Bond, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 819800-0800: G1203074, $3,100.00, SD06-09143, Cash Bond, Windemere BLC Land Company, .LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 819800-0800: G1203080, $1,000.00, RA05-1193, Cash Bond, Shapel l Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035 819800-0800: 1 G1203084, $5,200.00, PA-04-0017, Cash Bond, Shapell Homes, 100 N. Milpitas Blvd., Milpitas, CA 95035 819800-0800: G1203085, $8,000.00, SD89, 07418, Cash Bond, H & B Property Solutions, 1300 EI Camino Real, Colma, CA 94014 0649-9665 / 112300: G120.3067, $19,900.00, SD06-09144, Landscape Improvement Insp, Windemere BLC Land Company, LLC, 6121 Bollinger Canyon Rd. #500, San Ramon, CA 94583 Subdivision:MS-04-00 12 f ; w Bond No.:7 20 8 30 S Premium:$2,1 1 1 Any claim under this Bond should be sent Incfemni` °�� ompany of Ca. 17780 Fitch, Suite 200 Irvine, CA 92614 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance,Guarantee and Payment) (Gov.Code,§§66499-66499.10) 1. RECITAL OF SUBDIVISION AGREEMENT. The Principal has executed an agreement with the County of Contra Costa(hereinafter"County')to install and pay for street,drainage and other improvements in Subdivisior>MC 0G-,@igecified in the Subdivision Agreement,and to complete said work within the time specified for completion in the Subdivision Agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said subdivision. Under the terms of the Subdivision Agreement,Principal is required to furnish a bond to secufe the faithful performance of the Subdivision Agreement and payment to laborers and materialmen. 1 OBLIGATION. Oscar A. Salazar and Oscar W.A. Dias as Principal,and Indemnity Company 'of Calif ornia a corporation organized and existing under the laws of the State of California and authorized to transact surety business.in Calffomia,as Surety,hereby jointly and severally bind ourselves,our heirs,executors, administrators,successors and assigns to the County of Contra Costa;California to pay it (A. Performance and Guarantee)Seventy Thousand Three Hundred $t�g44y $70,380 )for itself orany city assignee under the above Subdivision Agreement Thirty Nine Thousand One Hundred' $39,100 (B. Payment) Dollars($ )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 Caldomia. 3. CONDITION.This obligation is subject to the following condition. A. The condition of this obligation as to Section 2.(A)above is such that if the above bounded Principal,his or its heirs, executors,administrators, successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration. thereof made as therein provided,on his or their 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 therefor,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,and to be taxed as costs and included in any judgment 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,materialmen and other persons employed in the performance of the aforesaid Subdivision Agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to this work or labor, and that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,in addition to the face amount thereof,costs and reasonable 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,and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies,and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. C. No change,extension of time,alteration,or addition to the terms of said Subdivision Agreement or the work to be performed thereunder or any plan or specifications of said work,agreed to by the Principal and the County of Contra Costa(or city assignee)shall relieve any Surety from liability on this bond;and consent is hereby given to make such change,extension of time,alteration or addition without further notice to or consent by Surety;and Surety hereby waives the provisions of Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the Principal whenever taken. SIGNED AND SEALED on May 22, 20 06 Principal: Oscar A. Salazar , Oscar W.A. Dias Surety:Indemnity Company of California Address: 1697 St. Germain Place Address:2999 oak Road, Suite 420 Concord, CA p521 Walnut Creek, CA zip:94597 Nnw B 1 Print Name: s Print Name: Dani i ' ivs Tale: Owner Owner Title:att �orney—`� •- •In:-fact [Note:All signatures must be acknowledged. For corporations,two officers must sign. The first signature must be thatof the:chainran of the board, president,or vice-president;the second signature must be that of the secretary,assistant secretary,chief financial officer,or assistant treasurer.(Civ.Code,5;1190 and Corps.Code,§313.)] Form Approved by County Counsel [Rev.91031 H:1Fi nal\PMSubAg I mp Sec Bon d.9.03.wpd CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State ofUl�.�, County of _ On Mad 01A before me, &wo'1 (_F l a&rt , N( i f 1 u�ILx l C� DATE NAME,TITLE OF OFFIC R-E.G.,-JANE DOO,NOTARY PUBLIC- personally appeared L%Awr- NAME(S)OF SIGNER(S) ❑ personally known to me - OR -Xproved to me on the basis of satisfactory evidence to be the personKwhose name;(o is/aFe- subscribed to the within instrument and ac- knowledged to me that he%#e/# -executed the same in his/hefter-- authorized capacity.(iW, and that by his/qtr SU � signatureJey on the instrument the person, SAN CALVE '- COMM.#1616181 m or the entity upon behalf of which the NOTARY PWW-CAUFORNIA , ar" .-personW, -acted; executed the-instrument. WITNESS my hand and official seal. ct� SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudule reattachment of this form. CAPACI MED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED El GENERAL F-1ATTORNEY-IN-FACTN ER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMEDABOVE BD-1133 3/94 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of County of Pu_bliu On 010 aZ Ob before me, , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,N TARY PUBLIC" personally appeared as , NAME(S)OF SIGNER(S) ❑ personally known to me - OR -proved to me on the basis of satisfactory evidence to be the personSg j whose nameks is>am subscribed to the within instrument and ac- knowledged to me that he/sfie/##ey executed the same in his/I-efA4it-+r authorized capacity(1e�, and that by his/herf h-eI i SUSAN CALVERT signature' on the instrument the person] COMM.#1616181 ' the 0 O1diW1CD5fA -or `the :entity upon .behalf of which the COUNTY ' �°"'"` `°��'�°° personksf acted, executed the instrument. WITNESS my hand and official seal. SIGNATURE OF NOTARY OPTIONAL Thou h the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudu reattachment of this form. CAPACI IMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCU T SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE - - - - - - ------ - BD-1133 3/94 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Robin S. Westfall, Gregory M. Pribyl, Daniel Livsey, Stephen G. Roddie, jointly or severally*** as their true and lawful Attomey(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 Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(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,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 attomey(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of December, 2005. BY: �,.:j AND jNO, OMPANYO� David H.Rhodes,Executive Vice-President �,• ' Oc�`��'•,, G PPOR C� FyJ.`�ftPRgl ?may; �� Gp q y T '� OCT. OCT.5 ?d': 10 cn W 1967 By. 0 ; 1 9 3 6 �iFOP��P as Walter A.Crowell,Secretary .,7�'•, /0 P, 'd O' .......... , STATE OF CALIFORNIA COUNTY OF ORANGE On December 1,2005 before me,Gina L.Gamer, (here insert name and title of the officer), 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 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 signaturc(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. GINA L.GARNER COMM. 1 (SEAL) NOTARY PUBU CALIFORNIA CALIFO Signature ORANGE COUNTY My W.=May 13,2W9 CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY)CO1PANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not'been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are-,n force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 24 . ' day of May 206 By Albert Hillebrand, Assistant Secretary ID-1380(Rev. 12/05) V. STATEOF California COUNTYOF Contra Costa On May 24,2006 before me, Rita A. Bisaha, Notary Public (here insert name and title of the officer),personally appeared Daniel Livsey personally known to me( )to be the personal whose name(,j�is/are- subscribed to the within instrument and acknowledged to me that he/Sl�executed the same in his/bex#ieir authorized capacity,(i , and that by his/bsz44ek signature,W on the instrument the person(#, or the entity upon behalf of which the person,(sr)acted, executed the instrument. WITNESS my hand and official seal. SignaturealzSEAL RITA A. BISAHA 9 (SEAL) ""' Commission# 1368065 Rita A.Bisaha,Notary Public = �� ; Notary Public - California Contra Costa County My Comm,Expires Aug 5,2006 This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING:, NAME OF PERSON(S)OR ENTITY(IES) Indemnity Company of California SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.12/05) ALL-PURPOSE ACKNOWLEDGEMENT u.!6? _V- 10.6U VO1D AFTER4 ' " ,10%6/06 8/22/06 PLAC$42.00 04-0012 Tax Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building, Room 100 P.O. Box 631 Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 i., (925)646-4122 Co u n 1 �/ Joslyn Mitchell (925)646-4135 FAX J Tax Operations Supervisor •T �Osr•4---------- Date: Date: 8/22/2006 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. 04-0012 BAYPOINT 86003 Parcel #: 095-102-016-3 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 2005-2006 tax lien has been paid in full. Our estimate of the 2006-2007 tax lien, which became a lien on the first day of January, 2006 is $8,200.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 45 days from the date of this letter, unless this letter is accompanied with security approved by the Contra Costa County Tax Collector Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasurer-Tax Collector ' By: COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ, CALIFORNIA TO THE TREASURER: RECEIVED FROM TREASURER - TAX-COLLECTOR'S DEPARTMENT ORGANIZATION NUMBER 0015 (Organization) 625'Court-,Street., RoomA 00, Martinez, CA 94SS3 (For Cash Collection Procedures,see County Administrator's Bulletin 105.) L%M zi ,.. `r ,.. .t.� ,: +� .::`�y�. ,; r ",'�.'E,,�'„ � � g „DESCRtTI(ON�• FUN®(ORG SUB;ACCT�„ TASK OPTION AGI 1TI�/ITY � ` AMOlt1NT � .;� SUBDIVISION GUARANTEE 831400 0803 8,200.00 EXPLANATION: TOTAL DEPOSIT $ 8,200.00 Review required by Contra Costa County Deposit consists of the following items: Tax Collector after 10/13/06 COIN and CURRENCY $ Subdivision Tax Guarantee Tract/MS . 04-0012 CHECKS,M.O.,etc. $ Used pay-taxes: axes for the fiscal ear . 2006-2007 BANK DEPOSITS $ • ' C L �" FOR AUDITOR-CONTROLLER USE ONLY Y t DEPOSIT PERMIT NUMBER AND DATE Ali -4 spFF- Th" mount one esc—n en'-abave•s for Treasurer's receipt of above amount Receipt of above amount is hereby jdo�,it into the Count eas is approved. acknowledged. usan hav 08/29/06 Depu County Auditor Deputy County Treasurer Signature Date Account Clerk-Advanced 7-2830 Title Extension ign ture A Signature TNTC D-3 iiiV1[7.93 - TITC Form Date: 08/25/04