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HomeMy WebLinkAboutMINUTES - 02272001 - C.8 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 27, 2001 by the following vote: AYES': Supervisors Gioia, Gerber, DeSaulnier, Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.: 2001/82 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 99- 0007, Alamo area. The following documents were presented for Board approval this date: 1. Map The Parcel Map of Subdivision MS 99-0007,property located in the Alamo area, said map having been certified by the proper officials; II. Subdivision Agreement A subdivision agreement with Ashley V Partners, a California General Partnership, 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: A. Cash Bond Deposit amount: 1,000.00 Deposit made by: Picket Development Company Tax ID Number: 68-0392950 Auditor's Deposit Permit No. and Date: 362473, January 25, 2001 J14:lap I hereby certify that this is a true and correct copy of an G:\GrpData\EngSvc\BO\2001\BO 2 27-0l.doc action taken and entered on the minutes of the Board of Originator:Public Works(FS) Supervisors on the date shown. Contact: Rich Lierly(313-2348) cc: Public Works-R.Bruno,Construction Current Planning,Community Development T—11-13-o1 AI-TESTED: Robert W.Pickett PHIL BATCHELOR, Clerk o the Board of Supervisors Ashley V.Partners 2703 Ridgeview Lane and County Administrator Walnut Creek,CA 94598 Gulf Insurance Company 101 West Broadway,Ste.700 San Diego,CA 92101 By , Deputy SUBJECT: Approval of.the Parcel Map and Subdivision Agreement for Subdivision MS 99-0007 DATE: February 27, 2001 PAGE -2- B. Surety Bond Bond Company: Gulf Insurance Company Bond Number and Date: BE2622031, December 13, 2000 Performance Amount: $35,000.00 Labor & Materials Amount: $17,500.00 Principal: Ashley V Partners 111. 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 $9,800.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Financial Institution/Bond Company: Gulf Insurance Company Bond Number and Date: BE2622540, January 16, 2001 Amount: $9,800.00 Principal: Ashley V Partners NOW THEREFORE BE IT RESOLVED 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, BE IT FURTHER RESOLVED that said Parcel Map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. All deposit permits are on file with the Public Works Department. BE IT FURTHER RESOLVED that said subdivision agreement is also APPROVED. SUBDIVISION AGREEMENT (Government Code S66462 and S66463) Subdivision: MS, 99 — 0007 Subdivider: AGhl air Ir Partners Effective Date: F Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER Maurice M.Shiu,Public Works Director ASHLEY V PARTNERS, a a California era artnersYiip BY: Pickett Dev t Com y, Inc. , a. Californii ,� corporatio general partner By: (Signature)BY (Printnarne&title) Robert W. Pickett, President RECOMMENDED EQR APPROVAL By: (Signature) n * Services Division (Print name&title) FORM APPRO ED: 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 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 improvernents(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: 3_1Y Z p— A. For Performance and Guarantee: S 1 000.OOash, lus additional security,ty,in the amount of 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 S 17 , 5 0 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 S94-4.406 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. if. 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. RL:mw:kw GAG'pDaia\EngSvcU'omis\AG WORMAG-30#2 doc Rev. April 6,2000 NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA }ss COUNTY OF Contra Costa } On December 17, 2000 , before me, Cathy white , a Notary Public in and for said State, personally appeared Robert W. Pickett , 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. Signaturey.� CATHY WHITE 5 "T." Cott ti.#1221860 y Y Notary Punic-Califom a a ` !' CON i RA COSTA COUNTY g.�;:' A4y Cotr.;n.Exp.Jure 12,2003 (This area for olkkUd noUvW 3") OPTIONAL: DESCRIPTION OF ATTACHED DOCUMENT NOTARY.00C(Rev 6/94) CORPORATE RESOLUTION 1, the undersigned Secretary of Pickett Development Company, Inc. (the"Corporation"), HEREBY CERTIFY that the Corporation is organized and existing under and by virtue of the laws of the State of California with its principal office at 2703 Ridgeview Lane, Walnut Creek, CA. 94598. 1 FURTHER CERTIFY that at a meeting of the Directors of the Corporation, duly called and held on October 30, 2000, at which a quorum was present and voting, or by other duly authorized corporate action in lieu of a meeting, the following resolutions were adopted: BE IT RESOLVED, that any one (1) of the following named officers, employees, or agents of this Corporation, whose actual signatures are shown below, acting for and on behalf of the corporation and as its act and deed be, and he or she hereby is, authorized and empowered to execute any and all documents for the corporation: NAME MITION ACTUAL SIGNATURE Robert W. Pickett President x IN TESTIMONY WHEREOF, I have hereunto set my hand on October 30, 2000 and attest that the signatures set opposite the names listed above are their genuine signatures. CERTIFIED TO AND ATTESTED BY: x R6bert . Pickett, Secretary Subdivision: MS 9q OQO7 Bond No.: BE2622031 PREMIUM: $525.00 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance,Guarantee,and Payment) (California Government Code §§ 66499- 66499.10) I. RECITAL OF,SU13DIVUlON A(MEE ENT: The Principal has executed an agreement with the County to install and pay for street,drainage, and other improvements in Subdivision _ AiS 99 000:0 as specified in the Subdivision Agreement, and to complete said work within the time specified for completion in the Subdivision Agreement, all in accordance with State and local laws and rulings thereunder in order to-satisfj conditions for filing of the Final Map or Parcel Map for said Subdivision_ 2. 0BLIGAnQr4: ASHLEY V PARTNERS A CALIFORNIA GENERAL CORPORATION a9 principal,and GULF INSURANCE COMPANY ,a corporation organizcd existing under the laws of the State of MISSOURI , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, :administrators, successors,,and assigns to the County of Contra Costa,California to pay it: A. Performance and Guarantee:*THIRTY FIVE THOUSAND AND NO/100THS** ($ 35,000.00*** ) for itself or any city assignee under the above County Subdivision Agreement,plus B. Payment: **SEVENTEEN THOUSAND FIVE HUNDRED AND 00/100THS*** Dollars($ 17,500.00** 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. �`ONDITION• The,Cor4tioh-ofthis obligation as to Section 2.(A)above is such that if the above`bonded'Piincipal, or principa 's:heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perforin the covenants,conditions.and provisions in the said agreement and any alteration thereof made as therein'provideu,`on it or its pari;`.tc be kept and performed at the time and in the wanner therein.specified; and in'all respects.accordioglfo their.tine intent and meaning, and shall indemnify and save harmless!the;County of Contra Costa(or city assignee),its officers,agents and employees,as therein stipulated,then'this obligation shall,become null and void;otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurrod by County (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 sgch that said Principal and the undersigned as corporate surerty are held fiprily bpund unto the County cif Contra Costa and all contractors,subcontractors, laborers,material men ind other persoris employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for-amounts due under the Unemployment"-urance Act with respect to.such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this.bond, will pay, ;n addition to the.fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in.the judgement therein rendered. It is'hereby expressly stipulated and agreed that this bond shall inure to the benefit of anv and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Fart 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall.relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by 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 Principal whenever taken. SIC1;Ep AND 5EALED on DECEMBER 13, 2000 PRINCIPAL: Pur- Ae,-a SURETY: BULF INSURANCE COMPANY Address: 8703 2td4eview Lane Address: 101 WEST BROADWAY SUITE 700 City: to Zip:.. ys98 City: SAN DIEGO CA Zip: 92101-8208 By: _ By: Print Name: R612sr4 w, P1ekdW ea,& 4Print Name: DAVID C. BANFER Title: h ko .{ &I G199m ay* tkN� DQrty,FAJjtle: ATTORNEY-IN-FACT a Cot 1 tfn r+n%A ) '— A eh s ti l J%P+04 r .mW vw5�51tn1�wfnGrpbaianweawWomut»N woRG9N•11.ea . . Rev.sep"Jw 13,2000 .. . STATE OF CALIFORNIA ) }ss COUNTY OF SAN DIEGO) ON 12/13/2000 , before me, M. Givens,personally appeared David C. Banfer, 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 m hand and official seal. ; ,� � M..GIVENS Y :. ;; Commimrion#12M96......z Notary Pub!'c-Califcmia t, v tan DiLox o Celin`y N.°v C orni,i EST,; q Jfj.n 16,20M Signature 1'L' (THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK) �^-"+�'s..c .,Yee+r:. _ :is• --.. GULF INSURANCE COMPANY ST.LOUIS,MISSOURI POWER OF ATTORNEY KNOWN ALL MEN BY THESE PRESENTS:That the Gulf Insurance Company,a corporation duly organized under the laws of the State of Missouri,having its principal office in the city of Irving, Texas,pursuant to the following resolution,adopted by the Finance&Executive Committee of the Board of Directors of the said Company on the 10th day of August,1993,to wit: "RESOLVED,that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make,execute and deliver a Power of Attorney constituting as Attorney-in-Fact,such persons,firms,or corporations as may be selected from time to time;and any such Attorney-in-Fact may be removed and the authority granted him revoked by the President,or any Executive Vice President,or any Senior Vice President,or by the Board of Directors or by the. Finance and Executive Committee of the Board of Directors. RESOLVED,that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign,execute,acknowledge,deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company." Gulf Insurance Company does hereby make,constitute and appoint David C. Banfer its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred in its name,place and.stead,to sign,execute,acknowledge and deliver in its behalf,as surety,any and all bonds and undertakings of suretyship,and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds,undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact,pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed Three Million and 00/100------------------------($3,000,000.00**l dollars. IN WITNESS WHEREOF,the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. go'Mce J \�U PP pggT�plGULF INSURANCE COMPANY y SEAL *..sso%30 Lawrence P.Miniter STATE OF NEW YORK SS Executive Vice President COUNTY OF KINGS On this 15th day of November ,2000 A.D.,before me came Lawrence P. Miniter,known tome personally who being by me duly sworn,did depose and say;that he resides in the County of Bergen,State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company, the corporation described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instruments is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order. VV vv�" SPT' < David J a cn Y Notary Public,State of New York STATE OF NEW YORK 1SS 7 ¢ No.OZJA4958634 COUNTY OF NEW YORK J oUB Qualified in Kings County F NE`s Commission Expires December 30,2001 I,the undersigned,Senior Vice President of the Gulf Insurance Cornpany,a Missouri Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY retrains in full force. eWRANCE Signed and Sealed at the City or New York. ��' eo Dated the 13TH day of DECEMBER 20 00 /j 4�p,FGRgl` 'ri7 r ( " SEAL '''sso��� Georg Biancardi 8026-BI (7/2000) Senior ice President CORPORATE RESOLUTION 1, the undersigned Secretary of Pickett Development Company, Inc. (the"Corporation"), HEREBY CERTIFY that the Corporation is organized and existing under and by virtue of the laws of the State of California with its principal office at 2703 Ridgeview Lane, Walnut Creek, CA. 94598. 1 FURTHER CERTIFY that at a meeting of the Directors of the Corporation, duly called and held on October 30, 2000, at which a quorum was present and voting, or by other duly authorized corporate action in lieu of a meeting, the following resolutions were adopted: BE IT RESOLVED, that any one (1) of the following named officers, employees, or agents of this Corporation, whose actual signatures are shown below, acting for and on behalf of the corporation-and as its act and deed be, and he or she hereby is, authorized and empowered to execute any and all documents for the corporation: SME POSITION ACTUAL SIGNATURE Robert W. Pickett President x IN TESTIMONY WHEREOF, I have hereunto set my hand on October 30, 2000 and attest that the signatures set opposite the names listed above are their genuine signatures. CERTIFIED TO AND ATTESTED BY: x R en . Pickett, Secretary Tax Collector's Office William J.Pollacek 625 Cou1-t.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 "1 Tax Operations Supervisor �.nll�iri is �•.,os . c?rA cSK`. Date: 1/11/2001 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. 99-007 ALAMO 66015 Parcel #: 198-040-021-0 198-040-022-8 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 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 $9,800.00 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. WILLIAM J. POLLACEK, Tre r-Tax of for By: TZTLE C. MP NX AUREXY Smith/Pigkett Pronarti.a L1.oj'jiraC —cited Title QQ. GULF INSURANCE_COMPANY_ 2703_ Udneviaw Lino _1355 wt&law Wa;, AX00 101 WEST BROADWAY STE 700 iralnut.kik. G 9459@ . Ce.+eeYdiG 94520 SAN DIEGO, CA 92102-8208 A,rInob PAakett Attna aathv White ATrN: DAVID BMFER PHONVe L925) 998-9000 PHONE—(UJ] 3;4--7000 pHONE(800) 708-0589 2001 - 2002 BM ND. BE2622540 DON13 AGAINST TARES MvaN: $]47.00 KNOW ALL HEN BY THZ8Z BASBENTA• general . THAT Aehle V. Partner■ a Cnliforni. artnerehi , as principal and (surely) , a„o,g"ration ar- aanlaed and exiot.ina under the laws of the atete of L��1111JJJJVW[JtK(l end authariaed to transact surety business in California as surety are held and firmly bouhd Univ the Count yy of Contra Co to to" of California, in the penal awn of Nine th&uvand siaht hundred �Tp��---------__- pnllere ($ 9.800.00 T, to be pa14 to said County of Contra Costa, for the payment of which will and truly be made, we and each of un bind ourealves, our heirs, executors, adminlatraators And suooasaors, jointly and severally, firmly by these preepnts. Sealed with our seals and dated thio 161H day of ,JAIIW The conditions of theabove obligation is ouch that MJMREA8, the above bounded principal is about to f1le a map entitled do 99-0007 and covering a sut�41vision oY a tract of land In said County of Contra Costa, nn4 there are certain lions for taxes and special assessments. eol- lected as t4ses, against the said tract of land covered by said may, which taxes and special aeeseements collected as taxes, are not as yet due or payable, NOW, THERErORE, i'! the ■aid Principal "boll pay all of the taxes and special assessments collected as taxes which are a lion against said tract of land covered by ward map, at the time of the filing of said MAP of said tract, then this obllgatlon stall be void and of no affect, otherwise it shall remain in full forge and effect. (Approval stamp) wehlsy v. Partners. a californla Uenerel Partnerehlp eye Piakett Devsiopaent Co., Inc, . a DATE: Princi BOND REVIEWE AND APPROVEll CONTRA COSTA OUNTY TREA OLLECTOR GUFF 024PAW BY. surety BY: CA'IIEME A. PUEY, ATMRU M-FXT (Attach Acknowledgement by prinaipwl) (Attach Acknowledgement by surety) . AME RI } STATE OF CALIFORNIA }ss. COUNTY OF Contra Costa } On January 23, 2001 , before me, Cathy White , personally appeared Robert W. Pickett 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. �� CATHY IJH ITF Signature a "'�. COWNIAM221,660 m Not^ry Public-Califomia t x--! CONTRA COSTA COUNTY -• v :tis try Comm.Exp.June 12,2003 (This area for official notarial seal) Title of Document Date of Document No. of Pages Other signatures not acknowledged 3008 (1/94) (General) First American Title Insurance Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Sonoma On 1-16-01 before me, Cheryl Griggs,Notary Public, personally appeared Catherine A. Pinney, ®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. CHt3tYL GRIGGS _ Commbdon#1273707 Notary Public--CoMornla �I- - Sonom Co QMyCoMrn.B0rME9.20JD4 Signature oeNolary Ol'TION L'` 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 ❑ PARTNER(S) ❑ LIMITED ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) GULF INSURANCE COMPANY GULF INSURANCE COMPANY ST. LOUIS, MISSOURI . POWER OF ATTORNEY KNOWN ALL MEN BY THESE PRESENTS:That the Gulf Insurance Company,a corporation duly organized under the laws of the State of Missouri,having its principal office in the city of Irving, Texas,pursuant to the following resolution•adopted by the finance&Executive Committee of the Board of Directors of the sa=y on the 10th day of August,1993,to wit: "RESOLVED,that the President. Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney-in-Fact•such persons,firms•or corporations as may be selected from time to time:and any such Attorney-in-Faa may be removed and the authority granted him revoked by the President,or any Executive Vice President,or any Senior Vice President.or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED.that nothing in this Power of Attorney shall be construed as a grant of authority to the attorneys)-in-fact to sign,execute,acknowledge,deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company." Gulf Insurance Company does hereby make,constitute and appoint RICHARD A. JAFFEE SHERRY PHILLIPS CATHERINE A. PINNEY of Santa Rosa, in the State of California its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred in its name,place and stead.to sign•execute,acknowledge and deliver in its behalf•as surety,an, and all bonds and undertakings of suretyship,and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds,undertakings and documents relating to sucf bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorney(s)-in-fact,pursuant to the authority herein given are hereby ratified and confirmed. The obligation of the Company shall not exceed Five Million and 00/100----------------------—--($S,000,000.00**_'g dollars IN WITNESS WHEREOF,the Guff Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. RANCO OR, GULF INSURANCE COMPANY T 0 7 SEAL '�jSS�uP� Lawrence P. Miniter STATE OF NEW YORK SS Executive Vice President COUNTY OF KINGS On this 15 th day of November ,2000 A.D.,before me came Lawrence P. Miniter,known to me personally who being by me duly sworn,dic depose and say;that he resides in the County of Bergen,State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company,the corporation described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instruments is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order. OP�tD JAFA, VV v4 �0T'4'9� David J a rn Y Notary Public,State of New York STATE OF NEW YORKSS 7� A G 2 No.OZIA4958634 COUNTY OF NEW YORK J 8Qualified in Kings County F NE`s Commission Expires December 30.2001 1,the undersigned, Senior Vice President of the Gulf Insurance Company,a Missouri Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. f Signed and Sealed at the City of New York. 11P0ttANC °0 Dated the 16TH day of JANUARY . 20 01 � GOp�POggl� iia , SEAL �.'SSoe Gcort,�e I3iancarcli 8026-BI (7/2000) Senior vice President