HomeMy WebLinkAboutMINUTES - 11062001 - C.25 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on November 6, 2001, by the following vote:
AYES: Supervisors Gioia, Gerber , DeSaulnier , Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2001/ 506
SUBJECT: Approve the Final Map and Subdivision Agreement for Subdivision 8405, being
developed by Alamo Highlands, LLC, Alamo area(District III).
The following documents were presented for Board approval this date:
I. Map
The final map of Subdivision 8405, property located in the Alamo area,
Supervisorial District III, said map having been certified by the proper officials.
II. Subdivision Agreement
A subdivision agreement with Alamo Highlands, LLC, subdivider, whereby said
subdivider agrees to complete all improvements as required in said subdivision
agreement within one year from the date of said agreement. Accompanying said
subdivision agreement is security guaranteeing completion of said improvements
as follows:
I hereby certify that this is a true and correct copy of an
G:\GrpData\FngSvc\BO\200I\Temp\SUB 8405 BO-2Ldoc action taken and entered on the minutes of the Board of
KD:lad Supervisors on the date shown.
Originator: Public Works(8S)
Contact: Rich Lierly(313-2348)
cc: Public Works-R.Bruno,Construction ATTESTED: November 06, 2001
Current Planning,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors
T—7-10-02
Alamo Highlands,LLC and County Administrator
3201 Danville Blvd.,Ste. 170
Alamo,CA 94507
Developers Surety and Indemnity Company
3100 Oak Road By_
Deputy
Pleasant Hill,CA 94596
RESOLUTION NO.2001/ 506
SUBJECT: Approve the Final Map and Subdivision Agreement for Subdivision 8405,being
developed by Alamo Highlands, LLC, Alamo area(District III).
DATE: November 6, 2001
PAGE -2-
A. Cash Bond
Bond amount: $9,000.00
Submitted by: Alamo Highlands, LLC.
Tax ID Number: 68-0405442
Auditor's Deposit Permit No. and Date: DP 373868, September 5, 2001.
B. Surety Bond
Bond Company: Developers Surety and Indemnity Company
Bond Number and Date: 8669895, August 13, 2001.
Performance Amount: $890,900.00
Labor&Materials Amount: $449,950.00
Principal: Alamo Highlands, LLC.
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 2000-
2001 tax lien has been paid in full and the 2001-2002 tax lien, which became a
lien on the first day of January, 2001, is estimated to be $9,400.00, with security
guaranteeing payment of said tax lien as follows:
• Tax Surety
Bond Company: Developers Surety and Indemnity Company
Bond Number and Date: 866993S, August 30, 2001.
Amount: $9,400.00
Principal: Alamo Highlands, LLC
NOW, THEREFORE, THE FOLLOWING IS RESOLVED:
1. That said subdivision, together with the provisions for its design and
improvement, is DETERMINED to be consistent with the County's general and
specific plans.
2. That said final map is APPROVED and this Board does not accept or reject on
behalf of the public any of the streets, paths, or easements shown thereon as
dedicated to public use.
3. That said subdivision agreement is also APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2.�'01/5 0 6
SUBDIVISION AGREEMENT
(Government Code 566462 and S66463)
8405 Alamo Highlands, LLC
Subdivision: Subdivider: 9 r
Effective Date: C , tur �_ C' � Completion Period: 1 year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER Alamo Highlands, LLC, A
Maurice M.Shiu,Public Works Director California Limited Liability Company
By: Br agh Development, Iric.. its Manager
13y: (Signature) (7 O¢
y �
RECOMMENDED EQR2kPPROVAL (Printname&tide) Peter W.Bran 'h, Pres den
By: (signaane,
E i v Services Division (Print name&Ude)
ORM APPRO D: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged. If Subdivider is incorporated,
signatures must conform with the designated representative groups pursuant to
Corporations Code S313.)
1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"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 and in conformance with the Contra Costa County Ordinance
Code(including future amendments thereto).
Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as
required by the Califomia Subdivision Map act(Government Code SS66410 and following),in a good workmanlike manner,in accordance with accepted
construction practices and in a manner equal or superior to the requirements of the County Ordinance Cdde and rulings made thereunder,and where there
is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code 566499,and the County
Ordinance Code,provide as security to the County:
A. For Performance and Guarantee: $ 9 0 0 0 ;0 Ocash,plus additional security,in the amount of$ 8 9 0 , 9 0 0 .0 0
which together total one hundred percent(1000/.)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,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion
and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of$ 4 4 9 ,9 5 0 .0 0 which is fifty percent(50%)of the estimated cost of the work.
Such security is presented in the form of:
Cash,certified check,or cashier's check
x Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his 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 the Subdivider,
the amount securities may be reduced in accordance with 594-4.406 and S94-4.408 of the Ordinance Code. -
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship
and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with
Article 96-4.6,"Acceptance,"of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,any defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system.
5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said
plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other
work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed
for a period of one(1)year from and after the Board of Supervisors accepts the work as complete.
6. IMPROVEMENT PLAN WARRANTY. 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 any time before the Board of Supervisors accepts the
work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,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 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 his obligation to fulfill
this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with
any of the terms and conditions hereof.
8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this promise are the County, and its special district,elective and appointive boards,
commissions,officers,agents,and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because
of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of
whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work
as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims.
C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this
Agreement and attributable to the 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 plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification
covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity.
9. COSTS: Subdivider shall pay when due,all the costs of the work, including inspections thereof and relocating existing utilities required
thereby.
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 any 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,the 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 the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately
upon demand.
Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County
proceeds to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider
subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider
agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds
to complete the work.
12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory
incorporated as a city or is annexed to an existing city,except as provided in this paragraph,the 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(Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation.
13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision.
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GAGrpData\EngSvc\FomaNG WORMAG-30#2.doc
Rev. April 6,2000
1
• State of California )
ss.
County of Contra Costa )
On October 4,2001 before me, Carole Ann Mitchell ,Notary Public personally appeared
Peter W.Branagh personally known to me(or proved to me on the basis of satisfactory evidence)to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)
on the instrument the person(s)or the entity upon behalf of which the person(s)acted,executed the
instrument.
Witness my hand and official seal.
SIGNATURE( � /
e
CAROLE ANN MITCHELL
Commission n 11779&4 Z
Notary Public-Califomia
Contra Costa County
my Comm.Expires filar 30,2002
A COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
*OFFICE OF COUNTY AUDITOR-CONTROLLER•
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM
ORGANIZATION NUMBER
/ (OM-imtion)
/�a9?G j�7 •^� (" L r F J. =%' S 4 3' (For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. ACCT. TASK OPTION ACTIVITY AMOUNT
i
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c:,-CV r.7 a o
/G _e>s� 5f' 113,y1�,a s s -{
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EXPLANATION:
TOTAL $ i
`7 '� trr .i," G . �... DEPOSIT f S �O j�5 .
Deposit consists of the following items
COIN and CURRENCY $
eo
CHECKS,M.O.,ETC. $
i•7 <-�i5�, `l c ?�'�'7/!"L'L[� .M'.�GP 5.?v^' �' .S cT� -y/��.
BANK DEPOSITS $
n FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
rf,�,:.•� �C•r/C•�- 7�ff7�C ;,4— NUMBER
DATE
ASSIGtIZ38 0 JE��I �FrArL
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
depositoigiQ the County siky. acknowledged I
Signed:" Date
_ Signed: " Signed: I /'
Title: . EXT. -a y ' Dep ty ounty icor puty County Treasurer
>-34 REV.(7-93) O ; ���` '
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**REPLACEMENT ORIGINAL**
PHASE II 8405
Subdivision: ALAMO HIGHLANDS, LLC
Bond No.: 866989s
PREMIUM: $ 8,909.00
IMPROVEMENT SECURITY BOND
FOR SUBDIVISION AGREEMENT
(Performance, Guarantee and Payment)
(California Government Code §§ 66499- 66499.10)
1. RECITAL OF SUBDIVISION AGREEMENT: The developer(principal)has executed a subdivision agreement
with the County of Contra Costa to install and pay for street, drainage and other improvements in
Subdivision 8405 , as specified in the subdivision agreement and to complete said work within
the time specified for completion in the subdivision agreement, all in accordance with State and local laws
and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said
subdivision.
2. OBLIGATION: ALAMO HIGHLANDS, LLC as principal and
DEVELOPERS SURETY AND INDEMNITY COMPANY , a corporation organized and
existing under the laws of the State of IOWA and authorized to transact surety
business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors,
administrators, successors and assigns to the County of Contra Costa, California to pay as follows:
A. Performance and Guarantee: Eight hundred ninety thousand nine hundred & NO/100ths
Dollars ($ 890.900.00 ) for Contra Costa County or any city assignee under
the above County Subdivision Agreement.
B. Payment: Four hundred forty nine-thousand nine hundred fifty &'.NO1100thDollars
($ . 449,950.00 )to secure the claims to which reference is made in Title XV
(commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of
California.
3. CONDITION'
A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal,
or principal's heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by and well and truly keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on it or its part, to be kept and
performed at the time and in the manner therein specified and in all respects according to their true
intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city
assignee) its officers, agents and employees,as therein stipulated, then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
--As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall tiiir►_cluded reasonable costs, expenses and fees,including reasonable attorney's fees,incurred
by the. ' unty of Contra Costa(or city assignee) in successfully enforcing such obligation, all to be
taxed as costs and included in any judgement rendered.
B. -.The condition of this obligation, as to Section (2.B.) above, is such that said principal and,the
undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all
contractors, subcontractors, laborers,material men and other persons employed in the performance
of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials
furnished, labor of any kind, or for amounts due under the .Unemployment Insurance Act with
respect to such work or labor and that said surety will pay the same in an amount not exceeding the
amount herein above set forth and also; incase suit is brought upon this bond, will pay, in addition
to the fact amount thereof,reasonable costs, expenses and fees, including reasonable attorney's fees,
incurred by the County. of Contra Costa(or city assignee)in successfully enforcing such obligation,
to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement
therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15 (commencing with Section
3082)of Part 4.of Division 3 of the Civil Code,so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the work under conditions of this-bond be fully performed, then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by
the principal and the County of Contra Costa(or city assignee)shall.relieve the surety from liability
on this bond; and consent is hereby given to make such alteration without further notice to or consent
by the surety;and the suretyhereby waives the provisions of California Civil.Code Section 2819 and
holds itself bound without regard to and independently of any action against the principal whenever
taken.
SIGNED AND SEALED on August 13, - 2001
PRINCIPAL: ALAMO HIGHLANDS, LLC SURETY: DEVELOPERS SURETY AND INDEMNITY
COMPANY
Address: 3201 Danville Blvd. , Suite 170 Address: 3100 Oak Road
City: Alamo Zip. 94507 City: Pleasant Hill Zip: 94596
By: �? '1 By:
Print Name: DCk-?LtZ.%A IJMr-PJAE, l.� Print Name: Jocelyn Y. quirt,
Title: yyl p s-J P-6�-nZ� r Title:. Attorney-'In-Fact,
Mmw:lap -
GAGrpData\EngSvc\Fo=s\BN WORMBN-12.doc _
Rev.November 28,2000
POWER OF ATTORNEY FOR
DEVELOPERS SURE'L'Y AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725.IRVINE,CA 92623•(949)263-3300
KNOW ALL. MEN BY THFSF PRESLNTS.that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
01 CALIFORNIA,do each sexcrally,but 1101 jointIV.hercbv make,constitute and appoint:
***FRANK R. OLSSON, GORDON J. FISCHER, JOCELYN Y. QUIRT, JOINTLY OR
SEVERALLY***
as the true and lawful Attornev(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 Attomcv(s)-in-Fact full power and authority to do and t0 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
Attornev(s)-in-Fact.pursuant to these presents.are hercbv ratified and confinned.
This Power of Attorney is granted and is signed by Iacsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DFVFLOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA.eflcctive as of November I.2000:
RESOLVED.that the Chairtan 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
Atiorrtev,qualil ing the attorney(s)named in the Powers ofAtorttcy to execute,on behalf of the corporations,bonds.undertakings and contracts of suretyship:and that the
Secretary orally Assistant Secretary of•the corporations be.and each irf them herebv is,authorized to attest the execution of any such Power of Attorney;
RESOLVED, FURTHER.that the signatures ol'such 0fficcrS may he atlixcd to any such Power ofAttorcy or tolany certificate relating(hereto by facsimile,and any such
Power of Attorney or certificate bearing such facsimile signatures shall be valid and bindinil upon the corporation when so affixed and in the future with respect to anv bond,
undertaking or contract ol'suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS St'RETY 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 8111 day of November,2000.
Bv: ��P��Y AND�NOo OMPANY O�
David ii.Rhodes,Executive Vice President C
°,
z&jJ*0pPORq�t( GOPPOggT�C'9<
w SEAL `<'__ w = OCT. o 0
a' 1936 'n° 0 1967 m
By: Oj`; c�� ? .�
Walter A.Crowell, Secretary ���•• /OWC9CfF0PN\P
STATE:OF CALII-ORNIA )
)SS.
COUNTY OF ORANGE )
On Noyeinbcr R.2000,before tile,Dianc,l.Kawata.personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to nie on the basis of
satisfactory evidence) to be the person, whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized
capacities,and that by their signatures oil the instrument the entity upon behalf ol'which the persons acted.executed the instnuncnt.
WITNESS nry hand and official seal.
DIANE J.KAWATA
iCOMM.01187H28
L• (�, P,- +• 71ti� . NOTARYPUBUC-CALIFORtdA
Si Lrialtlre m ORANGE COUNTY
My Comm Exp.Jan B,2002
CERTIFICATE
The undersigned. as Chief Operatin` Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OI-' CALIFORNIA, docs
hereby ccrtit}'that the foregoing Power of Atornev remains in Full three and has not been revoked.and furthern ore.that the provisions of the resolutions of the respective
Boards of Directors irf said corporations set forth in the Power ofAllorney.are in force as of the date of this Certificate.
This Ccrtilicate is cxecuteJ in the City 0f Ir inc.C aliluria,the 13thday of Aum t ._- 2001.
13V >7
D:nid G.Lanc.C'hicfOperaling Officer
ID-1380(11.00)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of CALIFORNIA
County of CONTRA COSTA
On August 13, 2001 before me, M. A. Atwater, Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,-JANE DOE,NOTARY PUBLIC-
personally appeared Jocelyn Y. Quirt
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 within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
M. A. ATWATER WITNESS my hand and official seal.
Commission#1286926 i
Notary Public-Californiau
Contra Costa County
My Corrnn.Exp6m Dec I Q 2OD4 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 fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑
PARTNER(S) LIMITED
GENERAL
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES
❑ OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITY(IES)
Developers Surety and Indemnity Company
SIGNER(S) OTHER THAN NAMED ABOVE
S-4067/GEEF 2/98 O 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184
Tax Collector's Office William J.Pollacek
625 Court Street Contra County Treasurer-Tax Collector
Finance Building,Room 100
P.O. Box 631 Joseph L. Martinez
Martinez,California 94553- Costa Assistant Tax Collector
0063
(925)646-4122 County Joslyn Mitchell
(925)646-4135 FAX Tax Operations Supervisor
RECE
IVED
-- �O
osT. 4ffo.n AUG 2 9 2001
Date: 8/24/2001 ALIQUOT
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.
8405 ALAMO 66009
Parcel #: 197-170-017-2
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 2000-2001 tax lien has been paid in full. Our estimate of the 2001-2002 tax lien, which
became a lien on the first day of January, 2001 is $9,400.00 ,
This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal
to calculate a segregation is
The amount calculated is void 30 days from the date of this letter.
Subdivision bond must be presented to the County Tax Collector for review and approval of
adequacy of security prior to filing with the Clerk of the Board of Supervisors.
JBY: t
a Ilect
PAI
INSCO INSURANCE SERVICES, INC.
PO Underwriting Manager for:
insc%
0 o6•�p Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch,Suite 200•Irvine,California 92614•(949)263-3300
SUBDIVISION TAX BOND
BOND NO.: 866993S
$ 188.00 premium is for
a term of 1 year(s)
KNOW ALL MEN BY THESE PRESENTS:
THAT we, Alamo Highlands,LLC ,as Principal,
and Developers Surety and Indemnity Company ,a corporation organized and doing business under and by
virtue of the laws of the State of California and duly licensed to conduct a general surety business
in the State of California as Surety,are held and firmly bound unto
Contra Costa County
as Obligee,in the sum of Nine Thousand Four Hundred Dollars and No/100ths
($.9,400.00 )
Dollars, for which payment, well and truly to be made, we bind ourselves,our heirs,executors and successors,jointly
and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS,the above bounden Principal is the owner of that tract of land situated in Contra Costa County
County,California,and described as follows:
Tract/MS#8405, City of Alamo,T.R.A.66009,Parcel#197-170-017-2 ' rI(� r�YJ
DATE: -
BOND REVIEWED AND APP ED
CONT COSTA T.Y
TRE L R
BY:
NOW THEREFORE,if the said Principal shall pay,or cause to be paid,when due,all taxes,and all special assessments
collected like taxes, for the year 2001 , which at the time of filing said map,are a lien against such subdivision,
or any part thereof,but not yet payable,then this obligation shall cease and be void,otherwise it shall remain in full force
and effect.
IN WITNESS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seal and the name
of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at
Walnut Creek California,this 30th day of August 2001
YEAR
Alamo Highlands,LLC Developers Surety and Indemnity Company
Pri ' al Surety
BY-
Jocelyn Y.Quirt Auomcy-in-Fact
ID-1208(CA)(REV.1/01)
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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 severally,but min juinlly,hereby make,constitute and appoint:
...FRANK R. OLSSON, GORDON J. FISCHER, JOCELYN Y. QUIRT, JOINTLY OR
SEVERALLY'**
as the true and lawful Attorney(s)-in-Pact.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 Attomcy(s)-in-Fact lull 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 fill power of substitution and revocation,and all of the acts of said
Attorrtcy(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000:
RESOLVE[).that the Chairman of'the Board,the President and any Vice['resident of the corporation be,and that each of them hereby is,authorized to exceu(c Powers of
Attorney,qualifying the attorncy(s)named in the Powers ol'Allorncy 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 ol'any such Power ofAttorncy:
RESOLVED.FURTHER,that the signatures of such officers may be affixed to any such Power of-Attorney or to any certificate relating thereto by Iacsimile,and any such
Power of'Altorney 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 ol'surelyship to which it is attached.
IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these
presems to be signed by their respective Executive Vice President and attested by their respective Secretary this 81h day of November,2000.
`���q
By: ..
David ii.Rhodes,Executive Vice President ,,, PAND
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Walter A.Crowell, Secretary °���'•., �pWP •'aa'� C9CIFOP�\P
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On November 8,2000,before mc,Diane J.Kawata,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me or proved to me on the basis of
satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the sanmc in their authorized
capacities.and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument.
WITNESS my hand and official seal.
_ DIANE J-K WATA
COMM.01167928
i �j� 1 /.ti,SZ ` • NOTARYPUBLIC-CALIFORNIA E
Signature — d ORANGE COUNTY
My Comm Exp.Jan.8,2002
CERTIFICATE
The undersigned, as Chief Operating 011icer(it'DEVELOPERS SLJRETN' AND INDEMNITY COMPANY and INDEMNITY COMPANY Of- CALIFORNIA, does
hereby certify that the foregoing Power ol'Attorncv 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 Auorey.are in force as of the date of this Certificate.
This Certificate is executed in the Cite ol'lrvinc.Cal iCorn ia,the 30th day of August 2001
fay
David G.Lane.Chief Operating Officer --
ID-13SOII1%1111)
ALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of CALIFORNIA
County of CONTRA COSTA
On August ..30, 2001 before me, M. A. Atwater,Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Jocelyn Y. Quirt
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 within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
•
r.. M. A. ATWATER WITNESS my hand and official seal.
Commkdon#1286926
Z Notary Pubitc-C County
� , )
Contra Costa County "� � � li(i(,(,{)
Decla2ooa 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 fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) LIMITED
GENERAL
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES
❑ OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITY(IES)
Dcvelopers Surety and Indemnity Company
SIGNER(S) OTHER THAN NAMED ABOVE
S-4067/GEEF 2/98 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184