Loading...
HomeMy WebLinkAboutMINUTES - 12042001 - C.21 TILE 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/ 57_3 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8443,being developed by DeNova Homes, hic., Walnut Creek area (District III). Tile following documents were presented for Board approval this date: I. Map The final map of Subdivision 8443, property located in. the Walnut Creek area, Supervisorial District III., said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with DeNova Homes,hic.,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 Originator:Public Works(Gs) Contact: It.Lierl>(313-1-348) taken and entered on the minutes of the Board of Supervisors C`CitpData\I;ngSvc\BO`�1001\Tenrtp`..SLTB 8443 130-21.doc on the date shown. CL:lad cc: Public Works-R.Bruno,Construction Current Planning,Conunwtity Development T—10-4-02 DeNova Homes,Inc. ATTESTED: December 4 , 2001 Attn: David Sanson JOHN SWEETEN, Clerk of the Board of Supervisors and 1849 Clayton Road Concord.CA 94520 County Ad►ninistrator Fidelity and Deposit Company of Maryland Attn: James B.Salisbury 590 Lennon lane j�� Walnut Creek,CA 94598 By /1K/7��"�"�l�Q�, Deputy s� RESOLUTION NO. 2001/ 573 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8443, being developed by DeNova Homes, Inc., Walnut Creek area(District III). DATE: December 4, 2001 PAGE 2 A. Cash Bond Performance amount: $1,000.00 Auditor's Deposit Permit No. 377054 Date: November 8, 2001 Submitted by: DeNova Homes, Inc. Tax ID Number: 680-192-453 B. Surety Bond Bond Company: Fidelity and Deposit Company of Maryland Bond Number: 08432529 Date: November 7, 2001 Performance Amount: $73,700.00 Labor&Materials Amount: $37,350.00 Principal: DeNova Homes, Inc. LII. 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 frill and the supplemental tax lien is $1,350.00, with security guaranteeing payment of said tax lien as follows: • Cash Bond Auditors Deposit Permit Number: 377160 Date: November 13, 2001 Amount: $1,350.00 Submitted by: DeNova Homes, Inc. 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. 573 SUBDIVISION AGREEMENT (Government Code 566462 and 566463) Subdivision: Subdivider Effective Date: l� � (�lJ�l 1 Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER Maurice M. Shiu,Public Works Director By: (Signature) (Print name&title) RECOMMENDED L A By: (Signature) E ine ?: Viclor vices Division (Print name&tide) FORM APPROVE 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"Coun ",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: A. For Performance and Guarantee: $ cash,plus additional security,in the amount of$ 737"v 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 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$ _ .37, 35� 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 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. 7'he 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. RL:mw:kw G:\G`pData\EngSvc\Fom \AG WORMAG-30#2 doc Rev. Apel 6.2000 ��yy CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of /fes ll�/ / /�/�/��(���1 OPTIONAL SECTION Countyof W/ l l / We.�_l/(�V�L�- /�-jf N h r/�.�/� CAPACITY CLAIMED I3Y SIGNER PabjOn f I be tore me of JL I 1 A,(,�J x,r , ( I Y✓ a rU �� Though statute does not require the Notary to fill n rE t/ / 1ME, TI.E OF OFFICER E�.G.0"JANE DOE,NO" RY PUBLIC" in the data below,doing so may prove invaluable personally appeared D/ l�@ , a�- 5t S1V" to persons relying on the document. NAME(S)OF SIGNER(S) ❑ INDIVIDUAL [Ipersonally known to me-OR- ❑ provided to me on the basis of satisfactory evidence to ❑ CORPORATE 01-1710ER(S) be the person(/)whose name($)is/arts TITLE(s) subscribed to the within instrument and acknowledged to me that hel e/tjxd�executed ❑ PARTNER(S) ❑ LIMITED the same in hislt et/tWir authorized bolli 1111M capacity(*),andthatb his/ ! it ❑ GENERAL . TERE ' Y ❑ ATTORNEY-iN-FACT °`�"" �,1 SA DUR signatureVon the instrument the personV)or a Kl N the entity upon behalf of which the person( ❑ l Rl1STl:E(S) COMM, 1313981 '� ❑ GUARDIAN/CONSERVATOR NOTARY PUBLIC-CALIFORNIA acted,executed the instrument. ❑ OTHER: F ° CONTRA COSTA COUNTY - My Comm Expires July 20 2005 ITNESS n d,. fficialteal, a, r Ot SIGNER IS RE11R.ESENTiNG: (NAME:OF PLRSON(S)OR ENTITY(IES)) SIGNATU OI+NOTARY ❑ 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 C_'ERTiFiC_'ATE 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 rc-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. 11. 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." CORPORATE RESOLUTION I, David B. Sanson, the Secretary of DeNova Homes, Inc. (the Corporation) hereby certify that at a meeting of the Board of Directors of the Corporation, which was duly held on November 8, 2001, the following resolutions were duly adopted. RESOLVED, that David B. Sanson, President is authorized and directed in the name of this Corporation, and in its own act, to be the sole Corporate signer pertaining to all documents required by the County of Contra Costa for subdivision 8443. RESOLVED FURTHER, that the Secretary of the Corporation is directed to certify these resolutions and to deliver such certification in support of the authority of the above officers to act on behalf of this Corporation. David B. Sanson, Secretary 18"49 Clayton. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State.f I�jr;n/I1�� �.�•. OPTIONAL SECTION County of (�(J/� / / (/� WleS"1 v`-- /�''J�f �t, e,,' ,- CAPACITY CLAIMED BY SIGNER On 11 $ before me:�R G 5a�%n , 1 Vv'&^ "Pl�C. , Though statute does not require the Notary to fill DATE NAME,TITLE lJTITLE(OOFE.G.,F OFFICER -JANE DO TARY PUBLIC in the data below,doing so may prove invaluable personally appeared 1Dcx /t C1 • ✓CV--)50 11 to persons relying on the document. NAME(S)OF SIGNER(S) ❑ INDIVIDUAL personally known to me-OR- ❑ provided to me on the basis of satisfactory evidence to ORPO TE FF ER SS) , be the person(�f}whose name(tl is/pden��'"'^ subscribed to the within instrument and TITLE( ) J acknowledged to me that he/slfe/th,6 executed ❑ PARTNER(S) ❑ LIMITED the same in his/Vr/thpiir authorized ca aci 13 GENERAL Y " T E R E S A D U R K I N g Ty((�,and that by his/h�T/Mr (� ❑ ATTORNEY-TN-FACT si nature on the instrument the erson or JL ;� ='r the entityupon behalf of which the erson ❑ TRUSTEE(S) COMM. 1313981 CO p p (� ❑ GUARDIAN/CONSERVATOR ' `` ��: NOTARY PUBLIC-CALIFORNIA acted,executed the instrument. CONTRA COSTA COUNTY ❑ OTHER: My Comm.Expires July 20,2005 ITNESS my han official se 1, - SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITY(IES)) SIGNAT OF NOTAR I— acknowledged to me that such corporation executed the within instrument pursuant to its by-laws 121 yo,_ or a resolution of its Board of Directors. OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED 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. 11. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the propetty must be stated. 1II. 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 Boaru' 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,insist contain the following phrase: ..arid acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." •t 5 . �'� � 1 4': 1 . +'• i i e, . _� � � _ _ « �{ . V Subdivision: Tract 8441 Bond No.: 08432529 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 66499 - 66499.10) 1. RF,CITAL 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 Tract 8443 �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. 2. OBLIGATION: DeNova Homes, Inc as principal and F;rip]; r3� anfi Deposit Company of Maryland , a corporation organized and existing under the laws of the State of Maryland 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. PerformanceLd Guarantee: Seventy Three Thousand Seven Hundred and NO/100 Dollars ($ 73,100.00 ) for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: Thirty Seven Thousand Three Hundred and Fifty No/100 Dollars ($ 37,350.00 )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 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 (2.13.) 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 perfonned, 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 November 7, 2001 PRINCIPAL: DeNova Homes, Inc SURETY: Fidelity and Deposit Company of Maryland Address: 1849 Clayton Road Address: rgn 1 annnn Tana City: Co c gd Zip: 94520 City: WoAnut Creek Zip: 94598 Print Name: David B. Sanson P t e: James B. Salisb Title: p,-es;dent Title: Attorney-in-Fact J D:mw:lap GAGrpData\EngSvc\Fortns\BN WORD\BN-12.doe Rev.November 28,2000 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE.BALTIMORE,MD KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland,by C.M.PECOT,JR..Vice-President,and C. W.ROBBINS,Assistant Secretary,in pursuance of authority;ranted by Article VI, Section 2, of the By-Laws of said Company,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint James B. Salisbury of Walnut Creek, California. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :r... . t s rue an awful agent and Attorney-in-Fact,to make,execute,seal arid,deliver, for,an& nits behalf as surety,and as its act and deed: any and all bonds and undertakings. . . . . . . . . . . . . . . . . . . . . . . An a execution ofsuch bonds or undertakings in pursuance-.of these presents;:shall be as binding upon said Company, as fully and amply, to all intents and purposes, as if they had been duly executed and ackribikledged by the regularly elected officers of the Company at its office in Baltimore, Md., in their own proper persons;',' The said Assistant Secretary does hereby certify that the extract set:f6ithion the reverse side hereof is a true copy of Article VI, Section 2, of the By-Laws of said Company, and is now in'force. IN WITNESS WHEREOF, the said Vice-Preside-nt.'and Assist'Vt.Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPAN7' OF MARYLAND, this__________________17 th___------__-_-----_____________day of June A.D. 19.96 _'�, FIDELITY ANDuD DEPOSIT-.,COMPANY OF MARYLAND ATTEST: SEAL By Assistant Secretary Vice-P sident STATE OF NURYLAND COUNTY OF BALTIMORE j SS: On this---17_th---day of--------June-------------- A.D. 1996__, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified,came C. M. PECOT,JR., Vice-President and C. W. ROBBINS, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,to me personally known to be the individuals and officers described in and who executed the preceding instrument,and they each acknowledged the execution of the same,and being by me duly sworn,severally and each for himself deposeth and saith, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. ------------—-------__ __------- _-_- --- ----—------—-- �cOg. CAROL J. FADER_{_ Notary Public My Commission Expires------------------- ugust_1__1996-------------- CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the original Power of Attorney of which the foregoing is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 16th day of July, 1969. RESOLVED: 'That the facsimile or mechanically reproduced signature of any Assistant Secretary of the Company,whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this _7-th____ day of-----NOv.P_Mbe�----------------------- A2U 1 ----------------------------- -------- -- ----------------- -------------- Assis�ant Secretary L1428c -016-6461 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chainnan of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice- Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,shall have power. by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of.judgements,decrees,mortgages and instruments in the nature of mortgages,. ..and to affix the sea]of the Company thereto." V � CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT . k State of California ss. County of Contra Costa I I I On November 7, 2001 before me, Robert J. Halpin, Notary Public Date Name and Title of Officer(e.g.,`Jane Doe.Notary Public') r personally appeared James B. Salisbury C; Name(s)of Signer(s) J personally known to me ❑ 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) I = ROBERT J. HALPIN� acted cuted the instrument. p. ._. COMM. 1182507 NOTARY PUBLIC-CALIFORNIA W NESS y h d official seal. 0 CONTRA COSTA COUNTY <.,..o: l L My Comm.Expires May 20,2002 Place Notary Seal Above Sigf Notary Publ!c II i OPTIONAL ' I. Though the information below is not required by law, it may prove valuable to persons relying on the document •I 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 for Subdivision Agreement Document Date: November 7, 2001 Number of Pages:T Front and BaTft o Ingle Pa le S David B. Sanson Signer(s) Other Than Named Above: , I I Capacity(ies) Claimed by Signer Signer's Name: James B. Salisbury ❑ Individual Top of thumb here EJCorporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 0 Other: i. Signer Is Representing: Fidelity and Deposit Company of Maryland, I� I 0 1999 National Notary Association-9350 Do Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402-w .nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-8766827 a CALIFORNIA ALL—PURPOSE ACKNOWLEDGEMENT C ' State of Q!Nal1�! n/1� U OPTIONAL SECTION County of Co//"I-ra eo5 a--+� �/ CAPACITY CLAIMED BY SIGNER On t�D I_before me.��r1e154a Nk 1<1 nl� �� Though statute does not require the OA r s NAIIL,TI I'LF.OF OFFICER E(i.,"IAIv.I)OE,NOTARY PU LIC" Notary to rill in the data below,doing so , may prove invaluable to persons relying personallyappeared on the document. NAME(S)OF SIGNER(S) ,,,,'Personally known to me-OR- ❑ provided to me on the basis of satisfactory evidence to ❑ INIDIVIDUAL be the person( )whose name(j)ism ❑ CORPORATE OFFICER(S) subscribed to the within instniment and TITLE(S) acknowledged to me that hel.^toty executed the same in his/hpr/tlir authorized ❑ PARTNER(S) ❑ LIMITED capacity(IA),and that by his/ly[r'dir ❑ GENERAL. TERES signature( )on the instrument the personq)or DURKIN ❑ ATTORNEY-IN-FACT the entity upon behalf of which the person(l) M acted COMM. 1313981 ❑ TRUsTEE(S) NOTARY PUBLIC•CALIFORNIA .� ,executed the instrument. e ❑ GUARDIAN/CONSERVATOR CONTRA COSTA COUNTY JVNitESS my hart d Oficial s I ❑ OTHER: •�•�" My Comm.ExPire6 July 20 2005 SIGNER IS REPRESENTING: SIUNATLIKE OF NOTARY I NAME OF PERSON(S)OR ENTITY(IES)1 ❑ acknowledged tome that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. OPTIONAL SECTION TI IIS CERTiFICA1 E MUST BE A,rrACHED Title or Type of Document TO THF 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. 11. 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. Ill. 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: 11 ..anti acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." c� Oto November 29, 2001 To Whom It May Concern: I hereby certify that the corrections made on Subdivision Tract No. 8443 on Improvement Security Bond for Subdivision Agreement are accepted, true, and correct. David B. Sanson President %_%auv4 j i %_.#r I.VIV I KA t-U,)$A h DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE T:REASURER: MARTINEZ,CALIFORNIA RECEIVED FROM -s ORGANIZATION NUMBER (OTgani-fim) (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB.ACCT. TASK OPTION ACTIVITY AMOUNT $ 101 1 1/ 1 (1 1 1 1 -c. is 6 0 a, 4125 r 17 F ? `/7!7 -Z,9 0 C?o 7 9;7 7 EXPL,NATION: TOTAL e.'v� -DEPOSIT Deposit consists of the following items COIN and CURRENCY CHECKS,M.O.,ETC $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP_ NUMBER DATE ASSIGNED 705 L 03,_1 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 P�pty Treasury. acknowledged. Date--e ",-I AA P11_0 Signed: i A Signed: C Title: EXT Deputy C Count Treasurer Count A 4i r Z_,./Deputy C D-34 REV.(7-93) 03 D z 1 8 OeA 'r I -711 CIO lee,- 7r 5L CONTRA COSTA COUNTY �t FLOOD CONTROL AND WATER CONSERVATION DISTRICT DRAINAGE FEE TRANSMITTAL FORM PROPERTY OWNER Dr= CJA OWNER'S ADDRESS J' 022 ozs ASSESSOR'S PARCEL _[=3� -_ ___ DRAINAGE AREA JA SUBDIVISION/DEVELOPMENT NO. 3 OR BLDG. PERMIT NO. 2 G FEE ORDINANCE NO. V� — 1 -2— _ FCD FUND NUMBER 2 6 �75J 1 SUBDIVISIONS OR NEW LOTS AND INITIAL CONSTRUCTION: \\ I �TIf�LyfS ! '-wDl�Flohg(Acre or Unit) x (Fee)_ LAND USE TYPE �ES► 1.1 T.4zL 1 of z (Acre or Unit)x 2 I`�O (Fee)_ 2� LAND USE TYPE (Acre or Unit)x 2 6b (Fee) = +21'160 LAND USE TYPE t OT L 1 )c + IJ-40 , cj40 OTHER CONSTRUCTION,MODIFICATION OR REPLACEMENT OF EXISTING FACILITY: —. -D r'i4Az67E-DL-Flla�y IMPERVIOUS SURFACE: 7� 2 * (Sq.Ft)x O-7 , —(Fee)= 413,057- 2-c> (TOTAL AREA) or 13 v437.2D (LAND USE TYPE) (Acre or Unit) x (Fee)_ POOLS(Only for lots for which drainage fee has not been paid): CREDIT FOR CONSTRUCTING IMPROVEMENTS OR FEES PREVIOUSLY PAID: (EXPLANATION) ( ) *New Area or Net Area Increase: TOTAL FEES: 1. No fee if total area under 100 sq.ft. 2. Additional fees required for„barns, sheds, and tennis courts on single family lots.Subtract 400 sq.ft.from total area for each use if fee on entire lot was paid. 3. Calculations of area: Type of Improvement Calculation Area(sq.ft.) Total Area COLLECTING AGENCY _.— (INCLUDE DEPARTMENT;E.G..PUBLIC WORKS) COLLECTOR'S INITIALS RECEIPT NO. DATE ----------------------------------- -------------------------------------------------------------------------------------------- .............................. WHITE: FORWARD TO FLOOD CONTROL DISTRICT WITHIN 10 DAYS CANARY. COLLECTING DEPARTMENT RETAIN FCP 1 (41M) PINK: FORWARD TO CCC PUBLIC WORKS DEPT.(VIA CITY TREASURER IF COLLECTING AGENCY ISA CITY) DrainfeetransM GOLDENROD: CITY TREASURER'S COPY IF COLLECTING AGENCY IS A CITY 4—MM M, KAA—!UZPIA--lM—, W: ki I g W" ��DEPOSOI� Zm t.E'iDE..'CYGUNT-Y-AUDITOR�-.Ce4ONTKC OR r-.!l......�& a7t a �`RTINEZ--,�'.C-AIIFORN 4 R-x K-d v MA 10-1 IN --i I r wMg .Vi W i ;cA N�x X-M N- W r . "Ile Ig M'� �'- w I j% E� w . iW "�N- NMN� A '14-RH 4� hN Y� 'g. Aw-u N M WIN— , '6 ®R EPP,I AS= U, EIR R" 'M laQ R. t lo 41, , .. , —I - . I R ggp� i, I4 Rl,-'-Cu :�.v -j 5% A gt.97 E. 9 s—W Ml MEN -o 7tb4l q!wgrg. V, 9w NO mpf ..- --v- �yg m 15 -ol-I -a ban-e- 1��qv I s..A' ME ROOM -M I A M IN M...TO SM OHIO` MER .Rn M NM3 1. R V Rel A viv: AIM ivO Orr 10.01 RAM5, MR, 9, IWO VIK N ON .0 g-.- N w ;4� -i A Rl-,10, N mai r- � --4;NYX 1.0 - iv a OPEN'. �A.-Z�f "IM Ow N-2 v A.- m rM MO. M Will 'WO 11. MW AIR -,m -f:v- f- p w"p 26 -N IM, M IMAMQ., z -P Ilk Oft MU US- TO lu-MR-1 M. 0 `MU i,ME SYMM Ic-m- -TE -, - M ig ILN .......... MOM IW M- I-Mal I WS 51 Wll.�� tt.1 W"!N V T. AMFY - R `RL M N ?--TM M iio- ;.gg jr. 1,12 A- ENE - -ai, U-52-13 SO IN 202 NM -vu pf W 0 rAMMIU�-� B ........ 'Amunt ,,al ov �:Q MIR -;i6�=M W-2, 8 VIN ...51, Tax Collector's Office William J. Pollacek ` 62-5 Court Street Contra county Treasurer-Tax Collector 'rinance Euilding. Room 100 P. O. Box 631 Costa Joseph L. Martinez s Martinez, California 94553- J Assistant Tax Collector 0063 V (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor s t •�4 SpA C_u1j'S3 Date: 11/1/2001 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. 8443 WALNUT CREEK 98002 Parcel#: 184-352-022-0 184-352-023-8 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 $1,350.00 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. WILLI J. PL �CEK Trea re -Ta C ecto By.