Loading...
HomeMy WebLinkAboutMINUTES - 07242007 - C.12 \ry C ° , i s TO: BOARD OF SUPERVISORS Contra fA* FROM: MAURICE M. SHTU, PUBLIC WORKS DIRECTOR CostaI DATE: July 24, 2007 y `'4 -Co Ur County SUBJECT: Approve a Substitute Subdivision Agreement, Minor Subdivision 89-00008, for project being developed by Kenneth Wu, Alamo area. (District III) SPECIFIC REQUES-I'(S)olt RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/395�for Minor Subdivision 89-00008, approving a Substitute Subdivision Agreement, for project being developed by Kenneth Wu, Alamo area. .(District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The property has been sold and a new Subdivision Agreement is required. CONSEQUENCES OF NEGATIVE ACTION: The previous owner will not receive a refund of their cash deposit and the Subdivision Agreement will not be in the name of the current owner Continued on Attachment: ✓ SIGNATURE: _ ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ROVE THER SIGNATU11E 00: ACTION OFBOA ON 7APPROVED AS RECOMMENDEDOTHERVOT OF SUPER ISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT Q W copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. LC sz G:\GtngSvc\ISO\'Ou7\07 24\130-24 NIS 89-0008.doc �tB originator: public Woiks(ES) ATTESTED.Contact: S.Gospodchikus(313-2316) JOHN CULL leof cc: Public R'urks -Accounting , -Construction Supervisors and County Administrator Kenneth\Vu Sc)Quail Court,Suite 301 Walnut Creek,ca 94596 Rubles Pi openies 1932 College A%cnue Lhennore,CA 94550 By eputy Platte River Insurance Co 350 Sansome Street,#1000 San Francisco,CA 94104 Star lusutance Co 350 Sansome Street,#100 San Francisco,CA 94104 San Franc i.c CA—94104 — ---'— Star Insurance Co. 350 Sansonle Street.#100 San Francisco.C1 94104 By , Deputy RESOLUTION NO. 2007/ 3�S THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 24, 2007 by the following vote: AYES: Gioia, Uilkema, Bonilla, Glover and Piepho NOES: None ABSENT: None ABSTAIN: None - --- - RESOLUTION NO. 2007/ �CF�`' SUBJECT: Approving a Substitute Subdivision Agreement, Minor Subdivision 89-00008, for project being developed by Kenneth Wu, Alai-no area. (District 111) The following document was presented for Board approval this date: A substitute Subdivision Agreement with Kenneth Wu,subdivider,whereby said subdivider agrees to complete all improvements as required in said Subdivision Agreement within two years from the date of said agreement; Said document was accompanied by the following: Security to guarantee the road and drainage improvements as required by Title 9 of the County Ordinance Code, as follows: a. Cash deposit(Auditor's Deposit Pen-nit No.486154,dated July 5,2007 in the amount of$1,365.00, made by Keiuieth Wu. b. Additional security in the forni of a corporate surety bond dated June 21, 2007, and issued by Platte River Insurance Co. (Bond No. 41081989) with Kenneth Wu as principal, in the amount of$135,135.00 for faithful perfonnance and S68,250.00 for labor and materials. 1-C: GAEngS.6130\:007w7-24\W-24 MS S9-0008.ane I hereby certify that this is a true and correct copy of an Originator: Public Works(ES) action taken and entered on the minutes of the Board of Contact: S.Gospodchikov(313-2316) Supervisors on the date shown. cc: Public Works -Accounting -Construction Kenneth Wu 89 Quail Court, 94 301 7- Walnut Creek,ca 94596 r Robles Propcnies ATTESTED: Lile Co,,,C Avcnuc JOHN CULLEN I-ivcnnore.CA 9;550 , erk f the Board of Supervisors and PI"tte Rivernn,ceCo. County Administrator 350 Sansome Street,111000 San Francisco,CA 94104 Star Insurance Co. 350 Sansome Street,P100 San F—cisco.CA 94104 By , Deputy RESOLUTION NO. 2007/ .3�S SUBJECT: Approving a Substitute Subdivision Agreement, Minor Subdivision 89-00008, for project being developed by Kenneth Wu, Alamo area. (District 111) DATE: July 24, 2007 PAGE: 2 All deposit pen-nits are on file with the Public Works Department. NOW THEREFORE BE IT RESOLVED that said substitute Subdivision Agreement is APPROVED. BE IT FURTHER RESOLVED that the Subdivision Agreement with Robles Properties, as approved by the Board on April 9, 2002, is TERMINATED, the improvement security bond Star Insurance Co. with is EXONERATED and the Public Works Director is AUTHORIZED to refund the cash deposit (Auditor's Deposit Permit No. 317978, dated August 6, 1998) in the amount of $1,000.00, plus interest in accordance with Government Code Section 53079, if appropriate, to Michael R. Robles. R-ESOL U7ION NO. 20070*0-6 SUBDIVISION AGREEMENT (Gov.Code,§§66462 and 66463) Subdivision: MS89-00008 Effective Date: /��zo Subdivider: Kenneth Wu Completion Period: 2 years THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER Maurice M.Shiu,Public Works Director By. �A4` - �`�' Print Na e Ke w pt C tT. 0 u RECOMMENDED FOR APP AL. Print Title Off,,a- By: sl/ ✓Gs Print Name Engineering Service7s ivision Print Title FORM APPROVED: Silvano B.Marches!,County CounselN( OTE: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,orvice-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 Slate of California ) ss. County of �0 V1 2q �o4G� ) l/ On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for K[y)),a+K - 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 helsheithey 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 h nd and official seal. Oat(d: • -, dtary u c (Notary Seal) 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 Warks 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 Caiifornia 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: $ 1,365.00 cash,plus additional security,in the amount of$ 135,135.00 ­which together total one hundred percent(100%)of the estimated cost of the Work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Subdivider guarantees performance under this Agreement and maintenance of the Work forone yearafter its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount:$ 68,250.00 which is fifty percent(50%)of the estimated cost of the Work.Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Form Approved by County Counsel Acceptable irrevocable letter of credit. (Rev.91031 ONWILAAM COIfY1tkftn 0 18'53643 Page 1 of 2 11010ry PUM.Calitofld0 Coma Cato County MrCWM.EMKO Feb 18. With this security,Subdivider guarantees payment to the contractor,to its subcontractors and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. Upon acceptance of the Work as complete by the Board of Supervisors and upon request of Subdivider,the amounts held as security may be reduced in accordance with Sections 94-0.406 and 94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that the Work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance,'of the Ordinance Code. Subdiviper agrees to correct,repair,or replace,at Subdivider's expense,any defects in said Work. The guarantee period does not apply to road improvements for private roads that are not to be accepted into the County road system.. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform plant 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 en sure 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. Subdivider warrants the improvement plans for the Work are adequate to accomplish the Work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If,at anytime before the Board of Supervisors accepts the Work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect.Subdivider shall make whatever changes are necessary to accomplish the Work as promised. 7. NO WAIVER BY COUNTY. Inspection of the Work and/or materials,or approval of the 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 andlor materials,or payments therefor,orany combination or all of these acts,shall not relieve the Subdivider of its obligation to fulfill this Agreement as prescribed;nor shall the County be thereby stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY. Subdivider shall defend,hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnitees benefitted and protected by this promise are the County and its special districts,elective and appointive boards,commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the Work as compete,and including the defense of any suit(s),action(s),or other proceeding(s)conceming 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 attrioutable to Subdivider,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 ordependentonwhether ornotanyindemniteehas prepared,suoplied,orapproved any plan(s)or specification(s)in connection with this Work or Subdivision,or has insurance or other indemnification covering any of these matters,orthat the alleged damage resulted party from any negligent or willful misconduct of any indemnitee. 9. COSTS. Subdivider shall pay,when due,all the costs of the Work,including but not limited to the costs of relocations of existing utilities required thereby;inspections;material checks and tests,and other costs incurred by County staff arising from or related to the Work,and prior to acceptance of the Work as complete or expiration of any applicable warranty periods, whichever is later. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of the Work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS. If Subdivider 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 Subdivider agrees to pay all costs and charges incurred by County(including,but not limited to,engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Once action is taken by County to complete or maintain the Work.Subdivider agrees to pay all costs incurred by County,even if Subdivider subsequently completes the Work. Should County sue to compel performance underthis Agreement orto recovercosts incurred in completing or maintaining the Work,Subdivider agrees to pay all attorney's fees, staff costs and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the Work. 12. INCORPORATIONIANNEXATION. If,before the Board of Supervisors accepts the Work as complete,the Subdivision is included in territory incorporated as a city oris 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 a third party beneficiary against Subdivider,who shall fulfill all the terms of this Agreement as though Subdivider had contracted with the city originally.The provisions of paragraph 8(Indemnity)shall continue to apply in favor of the indemnitees listed in paragraph B.A.upon any such incorporation or annexation. 13. RECORD MAP. In consideration hereof.County shall allow Subdivider to file and record the final map or parcel map for said Subdivision. 14. RIGHT OF ENTRY. Subdivider hereby consents to entry onto the Subdivision property,and onto any other property over which Subdivider has land rights and upon which any portion of the Work is to be installed pursuant to the improvement plans,by County and its forces,including contractors,for the purpose of inspection,and,in the event of non-performance of this Agreement by Subdivider,completion and/or maintenance of the Work. Form Approved by County Counsel (Rev.9/031 H:1FinaRPWILW- ub Glls ;it i 1h nolaztmn 3 h;• t _ a 01n10!il07-31141A virtom Page 2 of 2 ytnw:)of4oO mim3 6f�4i SUBDIVISION AGREEMENT (Gov.Code,§&66462 and 66463) Subdivision: MS89-00008 Effective Date: Subdivider: Kenneth Wu Completion Period: 2 years THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER Maurice M.Shiu,Public Works Director By Print Nal-e vI [1( �/7 �uj LX RECOMMENDED FOR APPROVAL: Print Title By: Print Name Engineering Services Division !' Print Title FORM APPROVED: Silvano B.Marchesi,County Counse (NOTE:All signatures must be acknowledged.If Subdivider is incorporated,the contract must be signed by two officers.The fust signature must oe that of the cnairman 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 Cords.Code,§313.) CERTIFICATE OF ACKNOWLEDGMENT State of California j ss. County of C v1 r 2r0 KC-7v)}-Lt On the date writer,below,before me,the undersigned Notary Public,personally appeared the persons)signing above for K[rl}1.c f r\ 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 trial ne/she/they his/herith I' s) and that by^ t r ' ' inn (s) n the entity !Lel If irlr the erson( \nrtcri executed the same ii� Eir authorized wpa:,ITy\IC�r, �, �,Slne.,,�Ir SI^yna L'.e(5, n t^e instrument .,person\..r, � f,,,„n ,� Cpdr. la..of::il . .,p., .5,_ executed the instrument. WITNESS my hand and official seal. \j Dated: I I � - A.tary Pu lIt, d (Notary Seal) 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'). Subdividersni ll complete said improvements(hereinafter"Work')wiihin the above completion period from date hereof,as required by the Caiifornia Subdivision Map Act(Gov. Code,§§66410 et.seq.)in a good workmanlike manner,in acccrdance with accepted construction practices and in a manner equal or supenor 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: $ 1.365.00 cash,plus additional security,In the amount of$ 135,135.00 ,which together total one hundred percent(100%)of the estimated cost of the Work. Such additional security is presented in the form of: Cash,certified check or cashiers check. Acceptable corporate surety bond. Acceptable irrevocable leter of credit. With this security,Subdivider guarantees performance underthis Agreement and maintenance of the Work foroneyearaffer its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount:f 68.250.00 which is fifty percent(50%)of the estimated cost of the Work.Such security is presented in the form of: Cash,certified check,or cashier's check t Acceptable corporate surety bond. Form Approved by County Counsel Acceptable Irrevocable letter of credit. IRev.91031 CVNW S.NAM COMn**m 0 1553643 Page 1 of 2Notary h -ColHornia Corina Call County; - 0.11111111'COMnEq*a Feb 18. 'r With this security,Subdivider guarantees payment to the contractor,to its subcontractors and to persons renting equipment or furnishing labor or matedais to,mem or to line Subdivider. Upon acceptance of the Work as complete by the Board of Supervisors and upon request of Subdivider,the amounts held as security may be reduced in accordance with Sections 94-1.406 and 94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that the Work shall lie free from defects in material orworkmanship and shall perform satisfactorily for a period of one(1)year from and affe,the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance,'of the Ordinance Code. Subdivider agrees to correct.repair,or replace,at Subdivider's expense,any defects in said Work. The guarantee period does not apply to road improvements for private roads that are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Subdivider acrees toPerform plant establishment work for landscaping installed under this Agreement Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,do;ng weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to en sure 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. Subdivider warrants the improvement plans fpr the Work are adequate to accomplish the Work as promised in Section 2 ano as required by the Conditions of Approval for the Subdivision. If,at anytime before the Board of Supervisors accepts the Work as complete or during the one,year guarantee period,said improvement plans prove tp be Inadequate in any respect.Subdivider shall make whatever changes are necessary to accomplish the Work as promised. 7. NO WAIVER BY COUNTY. Inspection of the Work and/or materials,or approval of the Work and/or materials or statement by any officer,agent or employee of the County indicating the Work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said Work and/or materials,or payments therefor,or any combination or all of these acts,shall not relieve the Subdivider of its obligation to fulfill this Agreement as prescribed;nor shall the County be thereby stepped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY. Subdivider shall defend,hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnitees benefitted and protected by this promise are the County and its special districts,elective and appointive boards.commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined oelow.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 pians or accepted the Work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)conceming 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 Subdivider,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 pian(s)or specification(s)in connection with this Work or Subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly from any negiigent or willful misconduct of any indemnitee. 9. COSTS. Subdivider shall pay,when due,all the costs of the Work,including but not limited to the costs of relocations of existing utilities required thereby;inspections;material checks and tests;and other costs incurred by County staff arising from or related to the Work.and priorto acceptance of the Work as complete or expiration of any applicable warranty periods, whichever is later. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of the Work as complete by the Board of Supervisors. it. NON-PERFORMANCE AND COSTS. If Subdivider 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 contractor otnerwise and Subdivider agrees to pay all costs and charges incurred by County(including,but not limited to,engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Once action is taken by County to complete or maintain the Work.Subdivider agrees to pay all costs incurred by County,even if Subdivider subsequently completes the Work. Should County sue to compel performance under this Agreement orto recovercosts incurred in completing or maintaining the Work.Subdivider agrees to pay all attorney's fees, staff costs and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the Work. 12. INCORPORA.TIONIANNEXATION. 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 andior 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 a third party beneficiary against Subdivider,who shall fulfill all the terms of this Agreement as though Subdivider had contracted with the city originally.The provisions of paragraph 8(indemnity)shall continue to apply in favor of the indemnitees listed in paragraph B.A.upon any such incorporation or annexation. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the final map or parcel map for said Subdivision. 14. RIGHT OF ENTRY. Subdivider hereby consents to entry onto the Subdivision property,and onto any other property overwhich Subdivider has land rights and upon which any portion of the Work is to be installed pursuant to the improvement plans,by County and its forces,including contractors,for the purpose of inspection,and,in the event of non-performance of this Agreement by Subdivider,completion and/or maintenance of the Work. Form Approved by County Counsel (Rev.9101 Hannal'%%%PW\LW- ub g 'L2.Q1wcnd _wit _'}yam dill 1 V:ifr}.s6` t .. laii'iS►�"1..f .-f�`.I'��. Dir ,l r„. :TftLt!i Yt�'}�i ' Page 2 of 2 �': -,. .. . .!'E,:=.yt:•'X:ka.`tifYL':.S�tt1f... SubdiviF MS89-00008 Q Bond Nu. 1081989 Premium: $2)703.00 Any claim under this Bond should be sent to the following address: 350 Sansome Street, #1000 San Francisco, CA 94104 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance,Guarantee and Pavmernl) (Gov.Code,§§66499-66499.10) 1. RECITAL OF SUBDIVISION AGREEMENT. The Principal has executed an agreement with the County of Contra Costa(hereinaher'Coun[y)to install and pay for street,drainage and other improvements in Subdivision "C as specified in the Subdivision Agreement,and to corrplete 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 saiishd conditions for Piing 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 secure the faithful p*erfoDeV oNOthe Subdiiv�So8n9gregr6dttAngpaymentlotlaborersaldmaterialmen. 2. OBLIGATIONl.1U—U ll Kenneth Wu as Principal, and Platte River Insurance Company a corporation organized and existing under the laws of the State of Nebraska and autnorized 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 it: (A. Performance and Guaran(ee) One Hundred Thirty-Five Thousand One Hundred Thirty Five and 00/100 Dollars (S 135.135.00 ) for itself or any cite assignee under the above Subdivision Agreement. (B. Payment) Sixty Eight Thousand Two Hundred Firty and 00/100 Dollars IS 68.250.00 )to secure the clairns to which reference is made in Title XV(commencing with Section 3082)of Part4 of Division III of the Civil Code of the State of California. 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 i-i all things stand to and abide by,and weil and truly keep and perform the covenants,conditions and provisions in tine 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[heir true intent and meaning,and shall indemnify and save harmless:he Canty of Contra Costa(or city assignee),its officers,agents and employees,as therein stipulated.then this ob.igation shall become null and void.otherwise it shall be and remain in full force and effect. As pan of the obligation secured hereby and in addition to the face amount specified therefor,here 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 suety are held firmly bound unto the County of Contra Costa and all contractors,subcontractor,,laborers,materialmen and other persons employed in the performance of the aforesaid Subdivision Agreement arid 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 Surely 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 fire face amount thereof,costs and reasonable expenses and fees.Including reasonabe 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 Cafe,so as to give a light of action to hem or their asagns in any suit brought upon this bond. Should the conditon 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 orany pian or specifications of said work.agreed to by the Principal and the County of Contra Costa(or city assignee)shail 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 Surely. hereby waives the provisions of Civil Code Section 2819 and holds itself bound withoutregard to andindependently of any action against the Principal whenever taken SIGNED AND SEALED on June 21 20 0 Principal Kenneth Wu surely. Platte River Insurance Company Address: 1700 North Broadway, #290 Address: 350 Sansome St. , #1000 Walnut Creek, CA Zip: 94596 San Francisco, CA Zip; 94104 BV: µ Lisa Lucas Pnnt Name: I e i.t ki F/ it L.L C t Print Name: Title: 4'11u:V�.:- Title: Attorney—in—fact [Note All signawres mus;be.acknowleagea. For corporations,Iwo officers must sign lire first signature must be that of the chairman of he ooaro,presdenl,or via.-president:the second sionalure must oe that of the secretary,assistanl secretary,chief financial officer,or assistant treasurer.(Civ.Code,§1190 and Corps.Code,§313.)) Form Approved bvCoun:y Counsel [Rev.11061 it IFinai%Pwu,v5ec5ona.l Do wpm CALIFORNIA ALL-PUIRPOSE ACKNOWLEDGMENT Z . State of California County of Alameda On June 21, 2007 before me, Veroi,ica Ramirez Date Name and Title of Officer(e.g.."Jane Doe,Notary Public") personally appeared Lisa Lucas Name(s)of Sicner(.$) personally known to me i_.(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 VERONICA RAWREZ he/she/they executed the same in his/her/their authorized Y • , .`• COMM.01478112 m MWARYPu®UC•CAUFOFM m capacity(ies), and that by his/her/their signature(s) on the ALUMM COUMrY instrument the person(s), or the entity upon behalf of My Comm.Expires APA 11.20013 ! _ %nfl'Jir I? the rnrvrgnn(g) ?Cferi executed) the instrument. WITNESS my hand and official seal. I A,t 1 Place Notary Seal Above SI nature u/ "�W,-" Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Improvement Security Bond _ Document Date: June 21, 2007 Number of Pages: 1 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Lisa Lucas Signer's Name: J Individual - Individual J Corporate Officer—Title(s):_ Ci Corporate Officer—Title(s): _ J Partner—�J Limited J General ,.. J Partner—J Limited _i General JX Attorney in Fact J Attorney in Fact ' i J Trustee Top of thumb here C Trustee I Toy of thumb here i J Guardian or Conservator CI Guardian or Conservator J Other: — Cl Other: I Signer Is Representing: — Signer Is Representing: K-a t e i 'xa r INCE= Gempany C 2006 National Notary Association•9350 De Solo Ave.,P.O.Box 2402•Chatsworth.CA 91313-2402 Item No.5907 v609 Reorder:Call Tol;-Free 1-800-876-6827 V. z ig, 'Y"A N."4 I I,-, y"'W4, "'y A f I -z- it,- It A.."i .4...�1 'i �tA i f0me Ift fill, 'if-.to, f 1,431 f M If 11it ff f qiji.r if iffi-. iii ty r.:,,I tiji fit "op"If 1111"1 Vj.#4 Y Iffiffi :%fl; N A imfii m fill mill, f-otiv liqw'� .,.r,r. IflifIft PLATTE RIVER INSURANCE COMPANY 4 10 8 19 8 9 POWER OF ATTORNEY KNOW A1,1..MEN ill'THESE PRIESENI S.That the PLATTE RIVER INSURANCE COMPANY,a corporation of the Si:it,-of'Nebraska.hax-mg, its principal offices in the Cily of Middleton,Wisconsin,does make.constitute and appoint ------------------------------D.RICHARD FIINSON,VERONICA RAMIREZ,ANDREW H.KAMMERER.LISA LUCAS------------------------ FIs:.' ';: ;1!'. "t;rs`::-' its UCAS------------------------ its true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver for kind on its behalf, as surety. and lis its act and doe d, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this atithorit); shall exceed in if dMOUnt the surn of ---------------------------------------------ALL WRITTEN INSTRUMENTS IN AN AMOUNT:$5,000,000.00------------------------------------------- This Power o!"Attorney is granted and is signed and sealed by facsimile Linder and by,the authority of the fol lowi tig R esolut i on adopted by the Board COMPANY at a meeting CiLlIV called and field oil the lith da ly;;off day ot'Direcioiq of PLATTE RIVER INSURANCE y ofjail,L,Iar):,2002. ,(;;;;.ems_ i "RESOLVED.that the President.and Vice-President.the Secretary or Treasurer,acting individually or otherwise,he and thev hereby are granted tile aL power and authorization To appoint ll- a Power ol'Arto 91 rnev for the purposes only of executing and attesting bonds and undertakings and other witrings � jiv.'--*-`-!; =7�,.V- obhgator� in the nature thereof'.one or more vice-presidents,assistant secretaries and aflorney(s)-in-fact,each appointee to have,tile powers and duties LI-Lial to such office,to the business,of the Corporation:the signature of such officers and the sea]ol'the Corporation may be affixed to such power of attorney or to any certificate relatim-,thereto by facsimile,and any such power ofattorneV Or certificate hearing Such facsimile sig -natures or facsimile sea] shill be valid and binding upon the Corporation in the future with respect to any bond or undertaking or other writing obligatory in the nature =Et!.N-,07 thereof to which it is attached.An)'.such appointment may be revoked,for cause,or without cause,by any of said officers,at any time.- kind IN WITNESS WHEREOF,the PLATTE RIVER INSURANCE COMPANYI-tas caused these presents to be signed by its officer undersigned its orporall-ScUl to be he,clw affixed i-11-aly aacct his ist day of.11unc!210"I't. Attest: PLATTE RIVER INSURANCE C0M1.41INY 6 ? a ' co -.Por -r 4L, Al:� Alan S.Ogilvie r% Hyl SE 0 Secretary janles.1. McIntyre - President A- S -E OF WISCONSIN SS TA1 COUNTY OF DANE On the 1st day of'.1une.2006 before me personally came James J. McIntyre,to me knoNvn. who being by me duly sworn.did depose and say: that he -poration described in COMI�XNY.the cot resides in the County of Dane. State of Wisconsin;that he is President of PLATFE RIVER INSURANCE cuted'the above instrument; he knows the seal of said corporation:that the sea]affixed to said instrument is Such corporate all(]which exe sea that it was so affixed by order of'the Board of Directors of'said corporation and that he signed his name thereto by like order. • ':.•f;s i �' KAT'ILEEN of; PAULSON Kathleen A.Paulson Notary Public, Dane Co.,WI SIATE OF WISCONSIN S.S.. COUNTY OF DANE CERTIFICATE My Commission Expire:,. 10-15-2006 i-^ ;.,\ 1.the undersigned.duly elected to the office stated below,now the incumbent in PLATTE RIVER INSURANCE COMPANY.a Nebraska Corporation, 7- authorized to make this certificate. DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked;and Furthermore.that the Resolution of the Board of Directors.set forth in the Power of Attorney is now in force. Signed and scaled at the City of Middleton. State of'Wisconsin this 21st day of June 2 007 SEAL Alan S.0,01vic Secretary i'1115 DOC UMFNT IS NOT VALID UNLESS PRINTED ON GREEN S I IADED BACKGROUND WITI I A IkVD SERIAL NUIABY�,R IN TIIE UPPER R IGI IT HAND CORNER. IF YOU I IAVE ANY QUESTIONS CONCERNINGTHE AUTHENTICITY OF TI HS DOCUMENT CA Lt..800-47�44i0 ii f I�r 711 f f r, ........ j CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Stated 1 OPTiON'AI_SECTION County of W 7 P,-'o CAPACITY CLAI NIEr)B1'SIGNER Opt�Ac1 before me. Cy' 101 S,. 3P e-01Though statute does not require the Notary to fill in AT_ I N.ANE.TITLE of OFF IC It E G..'JANE no 'OTARY Pi;Bu the data below.doing so may prove invaluable to \� [ persgnalipersons relying on the docent. y appeared t.> �L� l u ml NAntE(s)or SIGNEWS) 'IF�INDIVIDUAL I . personaliv i-nown to me-OR-L proved'to me on time basis Of satisfactory evidencLf to D C0RP0F.%TE OFF iCEP_(S) he the persons)whose names)isiar, TII-Efs) subscribed to tile v:;thin instrument and CYNTMW S.lARPY acknowledged tone that heishc:ithcy c+:e ut d E. PARTNER'S) a LIMITED COiffftiion#1 1553643 the sante in hisPnerithcir autlmurizud GLNEF:AL Y PUM-CaNtaMo capanry(ies).and that'by his/Itheir r ATTORNFY-IN-FACT slmiature(s)or;the Instrument the person(s)or COMro Coelo COtJn1y P. TRUS'1'EEf.S) the entity tlpor.behalf of which the person(s) ri GUARDIAN/CONSERVATOR LOW, C07fYfl. if0b 18, acted.esecLlted the instrument. D OTHLR: �TNS .1'hand and officSiGNER IS REi'RESENTING: _� t1JAME OF PFPSON(S)Olt Et'rTITY(IES)) SIGN.ATUitLtif OI�ARI� OPTIONAL SECTION THIS C:ERTIFiCATE MUST BE ATTACHED Title or 7\me of Doc umen t ('. TO THE 11Of f-IMFNT,gT ti IijF[T. N;.mbcr nfTagt:s _ i F Though til;,•data below is not required by law,it may prove valuable Date of Document —)Win C: 5— to persons reiving on til,document and could prevent. I-mudulent Sigiier(s)Other Than Nanied Above re-attachment of this form INSTR>:JCTiONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR .ALL SIGNATURES - The name and interest of the siLner should be typed or printed BENEATH the sienattire. The name must be signed exactly as it is typed or printed. II. SIGNATURES FOR.INDIVIDUALS-- The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS - Siuning, party must he either- a general partner Or be authorized in.v.,ritin!: to have the authority to sign for-and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be siened by two officers, one from each of the following. two groups: GROUP 1. (a)The Chair of the Board (b)The President (c)Any Vice-President GROUP 2. (a)The Secretary (b)An Assistant Secretary (c)The Chief Financial Officer (d) The Assistant Treasurer If siLmatures of officers from eacli of the above two Rroups do not appear on the instrument, a certified copy of a resolurioli 0;the. Board of Directors authorizing theperson signing the instrument t0 execute instruments of the rype.tri question is required.:', currently valid power of attorney, notarized; will suffice. Notarization of only one corporate signature or signatures from only one group, must contain the following phrase: "...arid acknowledged to me that such corporation executed the within instrument pursuant to its b}--laws or a resolution of its Board of Directors." rc:a,w- \\PWS41SVIARDATA rORMSVil.I.PURPOSF'101 AR\'.doc Rev.August 1,2001 COUNTY bF CONTRA COSTA jlf1'� tDEPOSIT PERMIT.. ..: ::..,':' � � ''.... . _ ::.; OFFIC •:`. F:COUNTY AUDITOR CONTROLLER e MARTINEZ, CALIFORNIA TO THE TREASURER;.. . 1 ' RECEIVED FROM. . Publid.WorkS... ... ORGANIZATION NUMBER.. 650 :. (For Cash:Collection Procedures See County Administrator's Bulletin 105) DESCRIPTION FUND/ORG : SUB: TASK OPTION ACTIVITY AMOUNT ... AC CT Sales'Tax':: 100300: :,0637: 20:76: Sale of.1.31 rints 004530 99311 REV 6G0085„ . 13:50: Sale of Prints .....:..... 1 ... 6A0.026::: 243.80`:. Pr iii mlUm 114n: 6 . 000651.:9105. . '.t 6l:085C,: 304:00 0008 .9 . 6L076B 221.40.MS 89=0E . DP06=.0:3074`:BA 33387 . 003'520' 5B039B; 50.1.73. t ; . 000651: �. I.. ... . -. 6L039B.. -. : .::: . 1:,04:3:0. : . 0.7,00001:BA'34208;.: . 00.3520 ;.;..: ..: . i 5B0034:: : 93;06.. Z1.071;1730..,6X:3.4438 6B060C..:. . 291.21.; t...:.. TP0700009 BA 34445. 56051X. 204.Z'3. ;...::.':;...:'.-..;.:tip:=�::•;>:.'��'.':�._-�.,+.;' - . " .. _- .. f:. - MS05'-00019..'`BA:29550 . <'' .,.... ;. :`.. . :560034:. 1;755:22.-: :: i MS050002 E 233:'. 3 � r 6-11497:'6X;331.67: t :° r' :. 6.OG 498:75: Z105B0 ; t' TP,06.=0.0039;.8 4-.33225,: ;' . :.:..: :. ..:.. .;_. . ... . 58051X. 268.8$:;::.: e Vk06 0.1069;'BA 33313 6B044X '. 267.58.. .: Dint.03080:-BA 33724: . j.:.... :... 5BO36X 133.33':';. .:: q� . • TOT AC.C:T;NG.::-G1�2226:32-G,1222650.:&-G1:22;!801=G1222827. D•EP.O.SIT.: . .`.: 199;.77.7:39: : . ............:.. ...:. ..:..:.: .': : De osit.consists.ofthe in ms g I Records:..G1.221535=G1221536 �coiN and CURRENCY fol ow$. — 4 86. ,. Eng Svcs.'G1221710-G1'221725 c s;M:o:;Erc. $' 199.;772.53 Invoices:'91'2.754,'9128.70;9128.79;..912883;'! 12886;9,12891';912893;912894 BANK DEPOSITS $. 912892;.912898;912903 BA'S..33387,.34208,34438 34445,29550,30045 33167 FOR.AUDITOR-CONTROLLER USE.ONLY r : . - .......� . _ ... 33225;33313;`33724;'33918;32217;33617;.34474;32839;"23261;2757t1:28511--' DEPosIT 33412;'34067;'26583, 14538,23383;:27526;:31232;'15919;:30247;'34127;'152 PERMIT; DP .., 3NUMB 3049,-34074z..:... DATE ERw:rlCfi `,° J �4E %efl ,., :. ....',.: .......... . .. ,.. �'... ASSIGNED. The amount:ofmoney described above is for Treasurer's receipt of above amount.is. Receipt of above amountis.heie y'acknowledged.' I .deposit'into.the`County'Treasury . ... . ti i S�gti.•.Y...:{rEt,;,,'„t•..i 47 / i... X11���G' �, •;5ign d' - - Tit1e:.ACct:.Clk.Adv EXT.3-2344 �,�. x .:�.-yAu r, county _' ..Deputy County.Audltor ��'� � Deputy County Treasurer V D-34 Rev:(7=93) :. :.::;:...:.,.... ::.: V..:.• .. V ;000.NTY;OE,CONTRA COSTA OFFICE;OF COUNTY AUDITOR-CONTROLLER. , f ; P,RTINEZ, CALIFORNIA TO THE•TREASURER: .. RECEIVED FROM•. Public Works ORGANIZATION NUMBER 650 ..(Foe Cash.C611ection Procedures See County Administrator's Bulletin 105.•) DESCRIPTION FU ND%ORG SUB' TASK ' OPTION ACTIVITY AMOUNT .+e '•.:;;..:,:<r:'. . ACCT ...:'W'600709 00709 BA 3391;8.= .. 003520 9660 REV ..:T 5B01 3X DPW03022.: BA:3221.7 5600'1:5 546.55 TP..0.5. BA33617 58051X. 16:38 - „ - - - DP07.030067. .580015 :392:5.1'.. 5.6.036X: 1. 852;8.3'.:, 000651 6L0015 1'12.20; EF.0:7;00609 BA.3447.4 MS0:6:.0:0.022 .BA 10.:4,X97;.:. A105 Fees 007590:::9140: . _ 24;557:70.: DA 52A Fees 007553. 114'80. FL4'02`41`141."';:BA'23261 :.0:00651,. ..9660';RE1/ 6L085H .. 328.38`; DG04.00044;.:BA27571, 6L085J . 244:3:8','. RA 0.44-1.17.3 2851.1 6LQ85H 74:33," D 6­04�0603T°:;gAli4l Im im 6L085J. " 16 ,3.8 RA 06:01'232 BA 34067 6L085G. 660:42 MS:04..000OS...BA 26583 . . 6L:0034. 418.90: :,. P Ex lavation:" TOTAL-`' ' ,.�. .. DEPOSIT•:'.:. .:'. ..'.. : :..:.: ..: .'�.. Deposit consists of the f Aming'items CIJRRENC CO N and I Y $ ,.. .: ... ,.... . ....� � '�' v'::..,•. .:riff f:n:,:-. =r; "','CHECKS,N1:06;ETC. ... .:.... . :.BANK.DEPOSITS.,._ ..:.............., . ...>.:., . ... . .. ...,:::.,::....:..::-:.:.. ':::':. .;.: AUDITOR-CONTR LLEIR USE. .. ONLY. .i. . DEPOSIT PERMIT:, DP... '': ..... NUMBERS.: . '... . TE' :�. . ASSIGNED.. lS?.1.. The amount.of money described.above;is for.. Treasurer.'s•.receipt of above amount:ls: :..Receipt of.above amount it.hereby acknowled_ged:.. 11, deposit into%the County Treasury .. :SIned'`j/`} ; f�i'JP'a`'li � 9"`�'.Date 111. ''='.rV-rt,.ir�t:v;er•., •,i3. ^r:;�f.<:aR. w.i;•»afn:: s,:r.:_ :::�trm.-,::r:u:: �:::r,.,.,.,-�• �•*.x,. •+fas !' .. 4f 'siA"":'8?i91.'^•T=:V'.^.:rte. �..,aT_J.M. .�.o�M1.. .. . t� yr:`{ ,. . Signed-re-1> 4✓ef't:Af ; Signed: Tifle Acct Clk.Adv EXT.1-2344 /J:D.puty counAuditor Deputy county Treasurer D-34'Rev:(7_-93)..,..:..., ,..: :........ :.... .:'.:.... . ... .. .,. ",:.. :. ;;,: .. ..:.,::-..: _,.... .:. .:;:•....:• . 14k000NTY•.OF CONTRA,.COSTA ' • �� � .DEPOSIT,PERIVIIT_.,.; ,:.�••: 1`. �• '✓�� OFFICE OF COUNTY AUDITOR=CONTROLLER ART NEZ, CALIFORNIA ^ TO THE TREASURER: RECEIVED FROM: .Public Works ORGANIZATION NUMBER 650 iurganrzavon) . .. - - '�•:. : .: '(For Gash Collection Procedures.See County Administrators Bulletin 105:j ", :.:..r:......-,:•.:,.^•:. ;:. 'SUB ; .. OPTON .. ACTIVITY AMjUNT DCRIPTION FUND/ORG ACCT: ;.'. MS:96. 00007 BA''1:4538•'.: `06065;1: 9660: REV` . 6L0078.. 77.7:47. 806:10'8720_9A-2338.3. 6 1,332:2:6.:' •. . .. L0072- ... FS04 00012 BA 27526 6L83PV. 6;878:34': F.805 00.052; BA 31.232':= 484.30:. EF 99.66640-ZA.10'19 ....: :,- .. .:.'-: 6LO83A 1452:02; �•...:.:�':;�'...�.:� ....-:4�:iii:':t:F'�w. - _ _ ..... .. .. ., ._ .. ' LP.05.02051. BA 30247 ISLO74A. FS06:00..08.1::.BA..34'1.27'..:...:. " �. .• .. ., .....,.., :. ..`: . .6.L8.3PV..:. .'.... .: ;. 3974:'19. M8':01 00023:.:BA:162.. :;:> : .. 6LO0.78. 269 ..:.::_ SD06:09055 BA 33049 .' GL0033 : :. :2;209:14 . . .... .. ...... ..... SD06 009056 . 560033 30:00:. _ .... .. . .... .. .. L0033, . : ,' 446•:12 ; - 00080;.13A34074 .w... : .. ......... .:.: :'.: . ...: 6X SoII Tes#ing Concord:ave 8r Balfour, 0,07862 9755. 4474 11;3.74:82'. :..3;600:00. Trustfund 000682°::9.755 ..: .. �: .. ......... . ......:......:. ....':.. 829100 '0800 1;325.80%. . . .. .. . :.: . 34•,065:00: 819800. Explanation; - 7 DEP TOTAL $� . ... .. .... :. ... Deposit•consists of the following items. . COIN and CURRENCY ,$..,.. ,: . ... NECKS;M:O.;ETC. $- BANK.DEPOSI7S... .. $. F R O •AUDIT OR-CONTROLLE RUSE ONLY7. 1� - .,.DEPOSIT ,....':...,....�:.:,.1.,:,. PERMIT ! . . ' . - .. . y DATE'.. .. . ASSIGNED, ... . . '.... .. :H a..�.:y..4A. :•" : :; The amount of mon eydescribed:abovwis for• ceipt of.above am_ o is Sreasurer:s re Dunt is Receipt.of.above amount hereby.acknowledged... n !h )d606iit ito the CountTreasur, a •�.: - ':�. r,-. vc:•a -iaw.rti�!r^rc+;;: �:��n:+a�n�: "."na 6 et::.�w.,e.,.,.±.er,:.�..:,:-<,. St t`•r i G : 77 Signed;��:�''.t�.�!• Tile:Acct:Clk.Adv EXT.3-2344 I- 1.... �Deptrty County,Audltor Deputy County Treasurer D=34'Rev.('7=93)" r CO.6N of CONTRA COSTA r,.• %' 1�. -ER IT OFFICEiOF COUNTY"AUDITOR=CONTROLLER MARTINEZ, CALIFORNIA r TO THE TREASURER: RECEIVED:FROM' Public.Works: ORGANIZATION.NUMBER 650 (urganiza ' (For Cash Collection Procedures See County Administrator's Bulletin.105.) DESCRIPTION FUNDlORG SUB TASK OPTION ACTIVITY "AMOUNT TrusffFund : 000649 ''9665 "'. 91',551.:60 .. .. ......:i•.:.:i:-.�.:.. .. 77F7i Explanation: TOTAL POS - ms - . ,•.... ., . ,. eposit:corisists:of the following•ife --,COIN and'CURRENCY,. ..." $ CFIECF<SIIII:O:;'ETC.-. •..: BANK FOR AUDITOR-CONTROLLER USE ONLY.., . ...,.:...... :....7...e..... ..,...,. ...., . - "DEPOSIT• ,._ .,..., ,:,.....:....:.....: .:r PERMIT,.".: DP��: = ..:�D1.. ►:.� NUMBER DATE..'.... ; r:Tfie:amount of:moneydescribed aboveris for .• ..Treasure.s.recelpt of above:amount'is:.•- "' ..Re ceipt of.above amount is.hereby acknowledged, . deposit into'the County Treasury , ; 3 ,. ..^.'F?r„'If�-,T,{I!F•=!�`. '�,�:.,,..•,:K�.Y e;r•y-: :,f�+Y"u;��,.. 'rn9f�>�:':...!4!;.,.:,7��'f in'1Y.*.'d:q.:"�`i_::^.+'•. 'a"W'�,.. 'An•(iPY.Su!Scr;+uF..�7;.,:f.:!*. Signed .r1.7.ii, ..n I ')' yA�.1'1bate .1 %pF I.ri, Signed / .�i o:::.' 1. gned:" Ti :'Acct.'CIk.Adv:. EXT.1-2344 epufy county u Itor Deputy County Treasurer u . D=34`Rev: i U 819800-0800: G122171.1, $25,000.00, SD 04-08830, Cash Bond, DeNova Homes, Inc., 333 Civic Dr, Pleasant Hill, CA 94523 819800-0800: 61221723, $7,700.00,. 51) 99-08306, Cash Bond, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035 819800-0800: G1221725, $1,365.00, M589-00008, Cash .Bond,_ Providence Development Corp., 39 (Quail Ct., Ste. 301, Walnut Creek, CA 94596 0649-9665 / 112300: 61221710, $5,401.60, RA 07-1240, Improvement Plan Review, Discovery Builders, Inc., 4061 Port Chicago.Hwy, Suite H, Concord, CA 94520 0649-9665 / 112300: G1221712, $500.00, R53201, Record of Survey Review, Moran Engr, 1930 Shattuck Ave., Ste A, Berkeley, CA 94704 0649-9665 / 112300: G1221713, $500.00, R53205, Record of Survey Review, Earl Hopkins, 361 Shady Glen Rd., Walnut Creek,CA 94704 0649-9665 / 112300: G1221714, $500.00, R53203, Record of Survey Review, Nelda Champion, 1125 North Gate Rd., Walnut Creek, CA 94598 0649-9665 / 112300: G1221715, $250.00, R53202, Record of Survey Review, Katie Bidstrup, 1075 Oak Hill Rd., Lafayette, CA 94549 0649-9665 / 112300: 61221716, $250.00, R53202, Record of Survey Review, Robert D'Angelo, 1075 Oak Hill Rd., Lafayette, CA 94549 0649-9665 / 112300: 61221717, $500.00, R53204, Record of Survey Review, Milani & Assoc, 4071 Port Chicago Hwy, Ste 100, Concord, CA 94520 0649-9665 / 112300: G1221718, $1,000.00, LP06-2040, Improvement Plan Review, RHL Design Group, Inc., 1137 North McDowell Blvd., Petaluma, CA 94954 r 0649-9665 / 112300: 61221719, $5,000.00, RA05-1195, Plan Review, Mount Diablo Region YMCA, 395 Civic Drive, Suite G, Pleasant Hill, CA 94523 0649-9665 / 112300: 61221721, $3,000.00, RA07-1236, Improvement Plan Review, Wiedemann Ranch, Inc., 6989 Highland Rd., Pleasanton, CA 94588 0649-9665 / 112300: 61221722, $3,000.00, RA07-1237, Improvement Plan Review, Wiedemann Ranch, Inc., 6989 Highland Rd., Pleasanton, CA 94588 0649-9665 / 112300: G1221724, $62,000.00, SD99-08306, Landscape Improvement Inspection, 5hapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300: G1221725, $9,650.00, M5 89-00008, Inspection Fee, Providence Development Corp., 39 Quail Ct., Ste. 301, Walnut Creek, CA 94596 0682-9752: G1221720, $3,600.00, Termination of Dedication, Nova Dental Mgmt., 10005 San Pablo Ave, El Cerrito, CA 94530 829100-0800: G1222633, $1,325.80, Additional Traffic Fees, ECCRFFA/RTDIM, R582, Eagle Pacific Investors, LLC, 196005W Cipole Rd., Tualatin, OR 97062 Subdivision: MS89-00008 Bond No.: 41081989 Premium: $22703.00 Any claim under this Bond should be sent to the following address: 350 Sansome Street, #1000 San Francisco, CA 94104 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance,Guarantee and Payment) (Gov.Code,§§66499-66499.10) 1. RECITAL OF SUBDIVISION AGREEMENT.The Principal has executed an agreement with the County of Contra Costa(hereinafter'County')to install and pay for street,drainage and other improvements in Subdivision * as specified in lheSubdivision Agreement,and to corrplete said work within the time specified for completion in the Subdivision Agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said subdivision. Under the terms of the Subdivision Agreement,Principal is required to furnish a bond to secure the faithful performance of the Subdivision Agre a t'n payment to laborers.aid materialmen. Dev No.. MS89-( 2. OBLIGATION. _ Kenneth"Wu as Principal, and Platte River Insurance Company a corporation organized and existing under the laws of the State of Nebraska and authorized to transact surety business in California,as Surety,hereby jointly and severally bind ourselves,our heirs,executors,administrators,successors and assigns to the County of Contra Costa,California to pay it: (A. Performance and Guarantee)One Hundred Thirty-Five Thousand One Hundred Thirty Five and 00/100 Dollars (S_1-3 5,135.00 ) for itself or any city assignee under the above Subdivision Agreement. (B. Payment) Sixty Eight Thousand Two Hundred Firty and 00/100 Dollars ($ 68,250.00 )to secure the claims to which reference is made in Title XV(commencing with Section 3082)of Part4 of Division III of the Civil Code of the State of California. 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 thetime 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,here 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 suety 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 reasonade attorneys 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 slipulated 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 Cade,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 add ion to the terms of said Subdivision Agreement or the work to be performed thereunder orany plan or specifications of saidwork,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 withoutregard to and independently of any action against the Principal whenever taken. SIGNED AND SEALED on June 21 20 0 Principal: Kenneth Wu Surety: Platte River Insurance Company Address: 1700 North Broadway, #290 Address: 350 Sansome St. , #1000 Walnut Creek, CA Zip; 94596 San Francisco, CA Zip: 94104 g ...t Ui/ Bv: .Print Name: KE of H e7� Jt Print Name: Lisa Lucas Title: DYAI-e—r Title: Attorney-in-fact INote.AI!sigra:ures must be.acxnow!edge o. Fo•co,poran.ons,two ofcers mus:sicn Tne brst s.gnalu•e mist oe Iha!of:he c4rnian of he board.presdent,or va-presidant.the seco^d signature most oe:nab of the secretary,assistw.secre!ary,cNef r.nanc:al officer,or ass.starif treasurer.(Civ.Code,§1190 arc Corps.Cotte.§313)1 Forrh Ap^roved byCoun;y Counsel (Rev.1,1061 :i•:r.::a:.aw:;�ps��soe.ira.wra CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Alameda On June 21, 2007 before me, Veronica Ramirez Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public•') personally appeared Lisa Lucas Name(s)of Signer(s) personally known to me ❑ (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s)is/are subscribed to the ��-o-a-� within instrument and acknowledged to me that dERON2CA FIAYIRQ he/she/they executed the same in his/her/their authorized COMM.S1478112 o capacity(ies), and that by his/her/their signature(s) on the NOTARY PueuC•CAurOnA At AMEDA COIiNiT11 instrument the person(s), or the entity upon behalf of MYComm.ExpimsApffl11,2W8 which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above Signature Signature of Notary Public OPTIONAL Though the information'below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of.this form to another document. Description of Attached Document Title or Type of Document: Improvement Security Bond Document Date: June 21, 2007 Number of Pages: 1 Signer(s) Other Than Named Above:. Capacity(ies) Claimed by Signers) Signer's Name: Lisa Lucas Signer's Name: ❑ Individual r] Individual ❑ Corporate Officer—Title(s):_ --]'Corporate Officer—Title(s): C' Partner—Lj Limited ❑ General ❑ Partner—:J Limited ❑ General M. Attorney in Fact El Attorney in Fact ' Top of thumb here Top of thumb here El Trustee ❑Trustee ❑ Guardian or Conservator ❑Guardian or Conservator E. Other: _ ❑Other: Signer Is Representing: _ Signer Is Representing: Platte RJ—VgF Insurance _ Gempany ©2006 National Notary Association•u9350 De Soto Ave.,P.O.Box 2402•Chatsworth;CA.91313-2402 JItem No.5907 v609 Reorder:Call Toll-Free 1-800-876-6627 'a A.. ...... .r �SA Tj,. .Q "S 0 j"*,-;F,%"` f, �.j _f r? , f Ittt Stitt" • Fit, - j 41 I milt 111 4 It} . 7% .. N • rHal e, i .1 untiff 1.1i...4t. Soft I if UNA4 I'M IS; 1411 AN , 'lit. F.I.); Xm IF M, "I I 1.. 11,'If...... 5.. 0PLATTE RIVE R:INSURANCE COMPANY ..A 1.0 8-1.9. 8 9 8 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,That the PLATTE RIVER INSURANCE COMPANY,a corporation of the State of Nebraska,having its principal offices in the City of Middleton,Wisconsin,does make,constitute and appoint Al, - ---------------------- D.RICHARD STINSON,VERONICA RAMIREZ ANDREW 11.KAMMERER,LISA LUCAS X, j n- tl fact, to make, execute, sea] and'dcIivc'r-::fi6r and. on its behalf, as surety, and as its act-and ccd� its true and lawful Attorney(s)i d ;any drid all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in IP X •N; amount the sum of --------------- -------------ALL WRITTEN INSTRUMENTS IN AN AMOUNT:$5,000,000.00-------------------------------------------- Q 10 of Attorney'is..granted and is signed and sealed s:m%le: dbr'landby the;authority of the following Resolution.adopted 1by the Board M This'Power by fac:I i . 6n of Directors of PLATTE RIVER INSURANCE COMPANY at a meeting duly called and held on the 8th day of January,2002. -7 "RESOLVED,that the President,and Vice-President,the Secretary or Treasurer,acting individually or otherwise,be and they hereby are granted the -:*:.Iz=- power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings and other writings W& obligatory inthe nature therect -,9ne or more vice-presidents,assistant secretaries and attorney(s)-in-fact,each appointee to have the powers and duties usual.to such Io6 ices.to the business of the Corporation;the signature..bfsuch officers and the seal of the Corporation may:be'q:affixed,to sucfi.pcnvt r of attorney;or to any cer4iic;ate'relating thereto by facsimile,and any' suchf. pq),yerio.attorney or certificate bearing such facsimile signatures or.fats--imile h seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached.Any such appointment may be revoked,for cause,or without cause,by any of said officers,at any time." IN WITNESS WHEREOF,the PLATTE RIVER INSURANCE COMPANY has caused these presents to be signed by its officer undersigned and its corporate seal to be hereto:affixed duly attested,this I st day of June;.2006. Attest: PLATTE RIVER INSURANCE COMPANY: ,000�� Y O ��\/.� GORPORAT\p�!% �C //�:/r�'✓�%7f�� -_ Gr: leo..-z- Alan S.Ogilvie James J.McIntyre Secretary.:,:..;,,, President A168AP STA#OF W�S�ON�IN:;, COUNTY 0 On the I st day of June,2006 before me personally came James J. McIntyre,to me known,who being by me duly sworn,did depose and say:that he t—jr3= resides in the C6unty of Dane,State of Wisconsin;that he is President of PLATTE RIVER INSURANCE COMPANY,the corporation described in and which executed the above instrument;that he knows the seal of the said corporation:that the seal affixed to said instrument is such corporate seal; that it wassoaffiiked by:.oider.of the Board of Directors of said corp6ratibn and that he,signed his name thereto by like.6rder.:' & //KATHLEEN INW A PAULSON Kathleen A. Paulson STATE OF WISCONSIN Notary Public,Dane Co.,WI COUNT..Y,.OF CERTIFICATE My Coin in ission...Exp i res 10 15-20.06. :.. 1,the undersigneil'�Iuly elected to the office stated below,now the incumbent in;PLATTE RIVER INSURANCE COMPANY,a Nebraska Corporation. authorized to make this certificate, DO HEREBY CERTIFY that the foregoing attached Power of Attorney remains in full force and has not been revoked;and furthermore,that the Resolution of the Board of Directors,set forth in the Power of Attorney is now in force. 21st June 007 Signed and sealed at the City of Middleton,State of Wisconsin this day of 2 ... ....... it SEAL , P Alan S.Ogilvie Secretary Z R1jit . TFIIS?DOCUMENT IS NOT VALID UNLESS PRINTED ON GREEN: SHADED BACKGROUND WITH A RED SERIAL NUMBER IN THE UPPER RIG HT.HAN D CORNER.IF YOU HAVE ANY QUESTIONS CON CERN ING:THE AUTHENTICITY OF THIS DOCU M ENT,CALL 8004754450. PIZ,-POA(6-06) ... .. ..... CALIFORNIA. ALL-PURPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION County of i �5 CAPACITY CLAIMED BY SIGNER On r . n b6' .QI before me. 01 4 St A e QV l�� Though statute does not require the Notary to fill in )ATF I NAME,TTIITLtE.OF OFFICER E G.."LANE UO 'OTAR\'Pursue the data below,doing so may prove invaluable to personally appeared KC>1 n T V'J persons relying on the document. NAME(S)OF SIGNERS) . FNDIVIDUAL I personally known to me-OR- proved to inc on the basis of satisfactory evidence to D CORPORATE OFFICER(S) be the persons)whose name(s)is/arc — TITLE(S) subscribed to the within instilment and CYNTMAS.MRRY acknowledged to me that he/she./they executed 5 PARTNER(S) F LIMITED COMM69M/1W643 � the same in his,ner/their authorized 1.1 GENERAL FW"Pubfk-CapforMo capacitv(ies),and that by his/her./their signaATTORNEY-IN-FACT Colum Cavia Courdy. tures j on the instrument the person(s)or _ TRUSTEE(S) the entity upon behalf of which the persons) ELI 9WftfeblS.2WO acted,executed the instrument. . L: GUARDIANrC ONSERVATOR L OTHER: w1"'N SS i� hand and official seal, SIGNER IS REPRESENTING: (NAME..OF PE ON(S)OR ENTITy'(IE51} OPTIONAL SECTION C THIS CERTIFICATE MUST BE ATTAC=HED Title of Type of'Document--�'11�1 P gnaw TO THE DOCUMENT AT RiGHT. Number of Pages Though the dant below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above _ re-attachment of this form INSTRUCTIONS TO NOTARY -The following information is-provided-uran effort to expedite processing-of the-documents. - - ---- - Signatures required on documents must comply with the following to be acceptable to Contra Costa County. 1. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS--The name must be signed exactly as it is printed or typed. The signet's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in \vritin­ to have the authority to sign for and bind the partnerslip. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers, one from each of the following two groups: GROUP 1. (a)The Chair of the Board (b)The President (c)Any Vice-President GROUP 2. (a)The Secretary (b)An Assistant Secretary (c)The Chief Financial Officer (d)The Assistant Treasurer If si,natures of officers from each of the above two Qroups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizinv thee person signing the instrument to execute instruments of the type in question is requireci.A currently valid power of attorney, notarized; will suffice. __Notarization of only one corporate signature.-or signatures from only one group. must contain-the following phrase: ...and ack=nowledged tome that such corporation executed the witlun instrument pursuant to its by-laws or a resolution oi'its Board of----- Directors." ic: \\I'WS4`SHARr)ATA\Grl)Dita'1:ngSvc\FomE\WOltD FORMS\ALL PURr'OSE NOTARY.doc Rcv.AugusH,2001 i eh6cap! t'i1'!?tEEl11!f1� Q0�'.8 f del Favmj.mma,