HomeMy WebLinkAboutMINUTES - 12042001 - C.20 t
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 4, 2001, by the following vote:
AYES: Supervisors Gioia , Gerber , DeSaulnier , Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2001/ 5 72
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8417,being
developed by East Bay Habitat for Humanity, Inc., Crockett area(District II).
The following documents were presented for Board approval this date:
1. Map
The final map of Subdivision 8417, property located in the Crockett area,
Supervisorial District 11, said map having been certified by the proper officials.
H. Subdivision Agreement
A subdivision agreement with East Bay Habitat for Humanity, Inc., principal,
whereby said principal agrees to complete all improvements as required in said
subdivision agreement within one year from the date of said agreement. '
Accompanying said subdivision agreement is security guaranteeing completion of
said improvements as follows:
I hereby certify that this is a true and correct copy of an action
Contact: Rich I_ierly(3113-23-2348) I�
Originator:Public Works taken and entered on the minutes of the Board of Supervisors
\V'ws4\cliardata\GrpData\EngSvc\BO�001\Temp\SUB 8417 BO-21.doc on the date shown.
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cc: Public Works-R.Bruno,Construction
Current Planning,Conununity Development
T—10-4-02
East Bay I labitat for Hutnanity,Inc. ATTESTED: D e c e nl b e r 4 , 2001
c/o Jim Bergdull JOHN SWEETEN, Clerk of the Board of Supervisors and
2619 Broadway
Oakland,CA 94612 County Administrator
Travelers Casualty&Surety Company of America
Attn: Doreen Botti
1300 Mt.Kemble Avenue
Morristown,NJ 07960 By Deputy
RESOLUTION NO. 2001/ 5 7 2
SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8417,being
developed by East Bay Habitat for Humanity, Inc., Crockett area(District II).
DATE: December 4, 2001
PAGE 2
A. Cash Bond
Performance amount: $1,000.00
Auditor's Deposit Permit No. 374615 Date: September 20, 2001
Submitted by: East Bay Habitat Humanity, Inc.
Tax ID Number: 94-3053687
B. Surety Bond
Bond Company: Travelers Casualty and Surety Company of America
Bond Number and Date: 038S 103561339 Date: September 5, 2001
Performance Amount: $22,400.00
Labor& Materials Amount: $11,700.00
Principal: East Bay Habitat for Humanity, Inc.
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 2001-2002 tax
lien has been paid in full and the supplemental tax lien is $0.00.
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. 572
SUBDIVISION AGREEMENT
(Government Code 566462 and S66463) J
Subdivision: 484 17 - (707 L[ z/y& Aur-, Dezy—C—TTCA)Subdivider: E-0-St �� fldbT�uf f�r I(t,tL'►�ItIL•1dtj•
Effective Date: ry\1opn �"_ ' Completion Period: 1 year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER . "/ —/'
Maurice M.Shiu,Public Works Director
oel j McickeY t WCLL+ie D►r-;Ovc-
A
By: (Signature)
(Print narne&title) '
RECOMMENDED FOR APPROVAL
By: (signature) \ "'
gi ervices Division (Print name title)
FORM APPRO D: Victor J. Westman,County Counsel (NOTE: Uignatures to be acknowledged. If Subdivider is incorp ated,
signatures must conform with the designated representative groups pu u nt to
Corporations Code 5313.)
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 California 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 Code and rulings made thereunder;and where there
is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code 566499,and the County
Ordinance Code,provide as security to the County:
1
A. For Performance and Guarantee: $J000.00 cash,plus additional security,in the amount of$ V,�LQU
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.
✓ 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$ L(-)'is which is fifty percent(50%)of the estimated cost of the work.
Such security is presented in the form of:
Cash,certified check,or cashier's check
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,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 S94-4.406 and S94-4.408 of the Ordinance Code.
1
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(I)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 perfonnance 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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G\GrpData\EngSvc\Forms\AG WORD\AG-30#2.doc
Rev. April 6,2000
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
,nJ
State of ///T� //�1 1/Z-/ui A OPTIONAL SECTION
County of 1 11-T171-�'!4LA_ CAPACITY CLAIMED BY SiGNER
c n
On D 1716, ! ,before me, 6
�- //V 1-iThough statute does not require the Notary to fill
DA If'. NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC- in the data below,doing so may prove invaluable
personally appeared /t ��6715�1\ to persons relying on the document.
NAME(S)OF SIGNER(S)
O'INDIVIDUAL
❑ personally known to me-OR- ❑ provided to me on the basis of satisfactory evidence to ❑ (IARPORATE OFFiCER(S)
he the person(s)whose name(s)is/are DLiE f—YI-V
subscribed to the within instrument and TtTLEt�
acknowledged to me that he/she/they executed Cl PARTNER(S) ❑ LIMITED
the same in his/her/their authorized
❑ GENERAL
r #1252799 a�
D.S.BANNON capacity(ics),and that by his/her/their ❑ AT7'ORNLY-TN-FACT
MM.
V COsignature(s)on the instrument the person(s)or [I 1 RUSTEE(S)
CQ � NOTARY PUB0 LIC-CALIFORNIA the entity upon behalf ofwhich the person(s)
C AI-AMEDLI COUNTY acted,executed the instrument. ❑ GUARDIAN/CONSERVATOR
' rcW�' EI O'I I IER:
COMM.EXP.FES 7,2004 �
wfl S my hand and official seal,
f w,_7� SiGNER IS REPRESENTING:
I NAME OF PERSON(S)OR ENTITY(IES)I
SIGNATURE OF NOTARY
❑ acknowledged tome that such corporation executed the within instrument pursuant to its by-laws av 0'6z/ku•1 to v;
or a resolution of its Board of Directors.
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACI IED Title or Type of Document
TO TI IE DOCUMENT AT RIG]iT. Number of Pages
Though the adjacent data 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 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.
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 signer's interest in the property
must be stated.
III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the
authority to sign for and bind the partnership.
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 signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board
of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. 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 acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
Statc of OPTIONAL SECTION
County of Al/���'l z'�/+ CAPACITY CLAIMED BY SIGNER
On 01716 1 before me, 'J - �/�iN t Though statute does not require the Notary to
DATENAME TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC" fill in the data below,doing so may prove
n � invaluable to persons relying on the document.
personally appeared /(i(%UST
NAME(S)OF SIGNER(S) ❑ INDIVIDUAL
❑ personally known tome-OR- provided to me on the basis of satisfactory evidence to Ca-CORP TE OF'ICERCS)
be the person(s)whose name(s)is/are s 5 L L`C n
TITLE(S)
subscribed to the within instrument and
acknowledged to me that he/she/they executed ❑ PARTNER(S) ❑ LIMITED
the same in his/her/their authorized
Ey.S.BANNON capacity(ies),and that by his/her/their ❑ GENERAL
COMM.tt 1252799 signature(s)on the instrument the person(s)or ❑ ATTORNEY-IN-FACT
V NOTARY PUBLIC-CALIFORNIA L) the entity upon behalf of which the person(s) ❑ TRUSTEE(S)
(ry "� ALAMEDACOUNTY n acted,executed the instrument. ❑ GUARDIAN/CONSERVATOR
COMM.EXP.FEB.7,2004 ❑ OTIiER:
iFOM1` WI S my hand and off al seal,
SIGNER 1S REPRESENTING:
(NAME OF PERSON(S)OR ENTITY(IES)l
SIGNA'IURF.OF NOTARY �' ////
11 acknowledged to me that such corporation a ecuted the within instrument pursuant to its by-laws r- 1 � /A13//�T IFA 1Ju yYlAVUi1_y
or a resolution of its Board of Directors.
OPTIONAL SECTION
TI IIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO TI IE DOCUMENT AT RIGHT. Number of Pages
Though the adjacent data 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 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.
1. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. 'Illet;ne
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-Signing party must be either a general partner or be authorized in writing to have the
authority to sign for and bind the partnership.
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 signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board
of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. 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 acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of CQ, J T l ]f OPTIONAL SECTION
County of &L./'nt"u --- CAPACITY CLAIMED BY SIGNER
On 8 3n-01 before me. XIVice :&)tZf -e i //(%�CCi L/ �/C Though statute does not require the
DATE NAME,TITLE OF OFFICER E.G.,"JANE OOE, )TARP PUBLIC" Notary to fill in the data below,doing so
—! may prove invaluable to persons relying
personally appeared J� �- 1 I/�C � on the document.
N. E(S)OF SIGNER(5) ,..
❑ personally known tome-OR- /Provided tome on the basis of satisfactory evidence to � INDIVIDUAL
be the person(s)whose name(s)is/arc CORPORATE OFFICER(S)
subscribed to the within instrument and J( r k
ESC
acknowledged to me that he/she/they executed TITLE(S)
S KS ALYCE SCNRADEAADE the same in his/her/their authorized ❑ PARTNER(S) ❑ LIMITED
~•,:, �_( i ca aci les and his/her/their
a p ty( ), Y ❑ GENERAL
saA- signature(s)( ) person(s)
`(11 , �. . Ii.TAPY.0..C;'. FGA'+iA si ature s on the instrument theor ❑ ATTORNEY-IN-FACT
a Co ,IY u!i,:caecs the entity upon behalf of which th rson(s)
-!U, 3,2003} acted,executed the instrumcn ❑ TRUSTEE(S)
RI)•Comm.c::pi `�
❑ GUARDIAN/CONSERVATOR
-SS m hand and fi ' seal, ❑ OTHER:
SIGNER IS REPRESENTING:
OF NOTARY I NAME OF PERSON(S)OR ENTITY(IES))
❑ acknowledged to me that such corporation executed the within instrument pursuant to its by-laws
or a resolution of its Board of Directors.
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATI ACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the adjacent data 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 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 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 signer's interest
in the property mast be stated.
III. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to
have the authority to sign for and bind the partnership.
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 signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution
of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is
required.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 acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of
its Board of Directors."
L�rr�7
: yl2g �S
BY LAWS
OF
EAST BAY HABITAT FOR HUMANITY, INC.
A California Nonprofit Public Benefit Corporation
ARTICLE I
NAME
1. 01 Name of the Corporation. The name of this organization
shall be EAST BAY HABITAT FOR HUMANITY, INC.
ARTICLE 2.
OFFICES OF THE CORPORATION
2. 01 Principal Office. The principal office for the
transaction of .the business of the corporation
("principal executive office") is located in Oakland,
California. The Directors may change the principal
office from one location to another. Any change of this
location shall be noted by the Secretary on these BY LAWS
opposite this section, or this section may be amended to
state the new• location.
2. 02 Other Offices. The Board of Directors may at any time
establish branch offices at any place or places where the
corporation is qualified to do business.
ARTICLE 3
AFFILIATION AND RULES . OF ORDER
3. 01 Affiliation. EAST BAY HABITAT FOR HUMANITY, INC. is a
nonprofit corporation, an affiliate of HABITAT FOR
HUMANITY, INC. , headquartered in Americus, Georgia. All
business shall be transacted within the limits outlined
in the covenant (see Appendix I) existing between Habitat
for Humanity, Inc. and East Bay Habitat for Humanity,
Inc.
3 . 02 Rules. of_ order. The rules contained in Robert's Rules of
Order shall govern this organization in all cases to
which they are applicable and in which they are not
inconsistent with the rules of this organization.
entitled to be indemnified by the corporation for
those expenses.
ARTICLE 9
OPERATING PROCEDURES
9.01 \' Property Transactions. Property transactions are valid
only if signed by the. Executive Director of East Bay
Habitat for Humanity, Inc. and also by any two of the
following officers of the corporation: President, Vice
President, Secretary or Treasurer.
9. 02 Maintenance of Corporate Records. The corporation shall
keep
(a) adequate and correct books and records of account;
(b) written minutes of the proceedings of its Board and
committees of the Board.
9..03 Fiscal Year. The fiscal year of the corporation shall
be from January 1 through December 31.
ARTICLE 10
EXECUTIVE COMMITTEE
10. 01 Executive Committee. The Executive Committee shall be
composed of the officers of the corporation. It shall
normally meet at least seven (7) days prior to the Board
meeting. The Executive Committee shall have the
authority to transact routine business between meetings
of the Board, providing that business does not encumber
the Board in excess of limits approved by the Board. The
Executive Committee shall establish the agenda for the
Board meetings and shall make recommendations for actions
by the Board. The Executive Committee may be called into
special meeting by the President or any two Directors.
ARTICLE 'll
STANDING COMMITTEES
11.01 Appointment. The standing committees shall consist of
members of the board and non-members appointed annually
or as needed to perform the duties outlined. The Board
shall appoint the chairperson, who must be a member in
12
CERTIFICATE OF SECRETARY
I certify that I am the duly elected and acting
Secretary of EAST BAY HABITAT FOR HUMANITY, INC. , a
California nonprofit public benefit corporation; that the
above BY LAWS, consisting of, seventeen (17) pages plus two
(2) Appendices, are the BY LAWS of this corporation as
amended by the Board of Directors of this corporation. on
May 22, 1995; and they -have not been amended or modified
since that date.
Executed on July 24, 1995 at Oakland, California.
S cretary
I
18
7. COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY.AUDITOR-CONTROLLER
IO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM J f ZD
ORGANIZATION NUMBER "1 bJc •
(organimtko)
Npol- 1C, 1, al<S
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. SUB' TASK OPTION ACTIVITY AMOUNT
ACCT.
!M3bv
riL� ' � � , C . 7/ : Z3O
:'7,0
APt-Po ! Zvr
I P ! t G afs 9� goo
F Jr� iy f ve7-1 910 lcLv13 �v;�o
!16 ;Q1 3 7
001,51 �,u.Y e 90 :56 .:
I p r �� rr� P C�c �• L ve v 15 v .60
IJC.�b /-A /975 11zSv4 6,
P k j iYl L`U4�0 IUD
5iA 910gs14 S1 �7s
EXPLANATION: .47 Al(-7 .5V(' TOTAL $ e a
C /G-�U7d ���G(oUg9U DEPOSIT Il C�� )3U
D 5.' L-1 J61, 08111 �j/U 4 -)8 G 6 Depos�it consistsof-tbe following items
CAIN and CURRE $
U "!' C tic [ C , CHECKS.M.O.,STC. $ r 9D 9.3y
�2 FOR AUDITOR-CONTROLLER USE ONLY
.t,1 0.0U r D l)U ,L l) ` (�U 1 1L1 DEPOSIT
PERMIT DP
NUMBER
DATE 374615 STP ry L0 X01
ASSIGNED
The amount of money described above is for. Treasurer's receipt of above amount is approved Receipt of above qr� nt is hereby
depo't into the County Treasury. acknowledged /
1. is
Signed: L M, Date
Signed:
�� � 3
Title: EXT. .� Dep y County Audi r eputy County T urer
D-34 REV.(7-93) {'I iG)L, ®
5, �� , z��E , 1��3i�A , LDD ,
COUNTY OF.CONTRA COSTA
DEPOSIT.PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM j} &
ORGANIZATION NUMBER Sy
(Orgonimfion) .
�U6L I e, ►JvrZ I<s
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. ACCT. TASK OPTION ACTIVITY AMOUNT
$ 3� /.3 : 7q
t
i
. . . . . . . . . . i
EXPLANATION: TOTAL $ )
DEPOSIT i
Deposit consists of the following items
_ COIN and CURRENCY $
- CHECKS,M.O.,ETC. $
BANK DEPO'SI1S $
FOR AUDITOR,CONTROLLER USE ONLY
DEPOSIT
PERMIT ~7DP r L' / r
NUMBER
DATE = �/ Q/ (:
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby
deposit into the County Treasury. acknowledged.
Signed. Uen-1Date
i SignedSigned:
Title: r l EXT. . } De uty County,Auditor Deputy County Treasurer
D-34 REN(7-93). )
b �
819800: G1060462, $1,000.00, SUB 8417, East Bay Habitat for
Humanity HUD Account, 2619 Broadway #206, Oakland, CA
94612
0649-9665 / 831000: G1060462, SUB 8417, East Bay Habitat
for Humanity HUD Account, 2619 Broadway #206, Oakland, CA
94612
Inspection Fee $3,021.00
Map Check Fee $113.80
Improvement Plan Fee $38.94
0649-9665 / 831000: G1060465, $1,575.00, M500-0003, Map
Check Fee, DeBolt Civil Engineering, 811 San Ramon Valley Blvd,
Danville, CA 94526
C�. A®
Subdivision: 041 -7
Bond No.: 0.3 R S I n 3 S_Co 1 .?
IMPROVEMENT SECURITY BOND
FOR SUBDIVISION AGREEMENT
(Performance, Guarantee and Payment)
(California Government Code §§ 66499 - 66499.10)
1. RECITAL OF SUBDIVISION AGREEMENT: The developer(principal) has executed a subdivision agreement
with the County of Contra Costa to install and pay for street, drainage and other improvements in
Subdivision 541 -7 ___, as specified in the subdivision agreement and to complete said work within
the time specified for completion in the subdivision agreement, all in accordance with State and local laws
and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said
subdivision. j�, ,jX�,
2. OBLIGATION: �asf & 1 X10, L4_�f 10 e_ • as principal and
r^vel e s Ca to r C44Cm w+. ;T Asqaeota corporation organized and
existing under the laws of the State of Co h e c-t i c,u - and authorized to transact surety
business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors,
administrators, successors and assigns to the County of Contra Costa, California to pay as follows: D/
A. Performance and Guarantee: WeN ti] Y- �40 -iffia0jJ4,J Aive handed aoa
Dollars ($ 22- 4D0 ) for Contra Costa County or any city assignee under
the above County Subdivision Agreement.
B. Payment: a(eVe4l fAD Saud 5c d.4I 1 uKlyed 4AU9. '—'' Dollars
($ 11,, 70c) )to secure the claims to which reference is made in Title XV
(commencing with Section 3082) of Part 4 of Division IlI of the Civil Code of the State of
California.
3. CONDITION•
A. The Condition of this obligation as to Section(2.A.) above is.such that if the above,bonded principal,
or principal's heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by and well and truly keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on it or its part, to be kept and
performed at the time and in the manner therein specified and in all respects according to their true
intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city
assignee) its officers, agents and employees, as therein stipulated; then this obligation shall become
-null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to.the face amount specified therefore,there
shall be included reasonable costs, expenses and fees, including reasonable attorney's fees, incurred
by the County of Contra Costa(or city assignee) in successfully enforcing such obligation, all to be
taxed as costs and included in any judgement rendered.
B. The condition of this obligation, as to Section (2.B.) above, is such that said principal and the
undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all
contractors, subcontractors, laborers, material men and other persons employed in the 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 surety hereby waives the provisions of California.Civil Code Section 2819 and
holds itself bound without regard to and independently of any action against the principal whenever
taken.
SIGNED AND SEALED on C', .S'IOI
PRINCIPAL: S7��►7�� } �N�QGt/Ly SURETY: l�'Ve.leij b- c�: �� d I"Az 11
Address: 6rp / Address: d:O
City: Da I ip: 14012— City: c 'riS Zip: Y(o D
By: By:
Pn*n,�ame: Joel Print Name: 7)o re e t2
fi' b i ra►� Title: Attorney-in-Fact
Title: �J�eGu V�e
JD:mw:lap
GAGrpData\ngSvc\Forms\BN WORD\BN-12.doc
Rev.November 28,2000
C .
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA }ss
COUNTY OF ALAMEDA }
On8-30-01, before me,Alyce Schrade, a Notary Public in and for said State, personally appeared
Joel T. Mackey 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 sem,
Signatur :� = ==` com:::.
\' `!PAY
r,
(This area for official notarial sea])
OPTIONAL:
DESCRIPTION OF ATTACHED DOCUMENT
Title or Type of Document
Date of Document
NOTARY.BIK(Rev 6/94)
Tax Collector's Office William J.Pollacek
625 Court Street Contra County Treasurer-Tax Collector
Finance Building, Room 100
P.O. Box 631 Costa Joseph L. Martinez
sMartinez,California 94553- J Assistant Tax Collector /� q
0063
(925)646-4122 County Joslyn Mitchell V
(925)646-4135 FAX `'1 Tax Operations Supervisor
O T'4
co
Date: 10/12/2001
IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2001, THIS LETTER IS VOID
This will certify that I have examined the map of the proposed subdivision entitled:
Tract/MS# City T.R.A.
8417 CROCKET 62006
Parcel#: 354-092-005-9
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 2001-2002 tax lien has been paid in full.
Our estimate of the supplemental tax lien is $0.00
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.
WIL A J. POLLACEK,
Tre sur r-T x pllec r
By: