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Home My WebLink AboutMINUTES - 12172002 - C.8-C.12 . V Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Departtnent Engineering Services Division Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on December 17, 2002,by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/759 SUBJECT: Acceptance of Instrument for Offer of Dedication for Roadway Purposes for RA 1124 (cross-reference Subdivision 7976),being developed by Windemere BLC Land Company,L.L.C.,San Ramon(Dougherty Valley) area. (District Ill) ITIS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT REFERENCE GRANTOR AREA DIS"IRK-T Offer of Dedication for RA 1124 (cross- Windemere BLC San Ramon III Roadway Purposes reference SUB Land Company, (Dougherty 7976),Harcourt Way L.L.C. Valley) APN 223-100-018 I hereby certify that this is a true and correct copy of an action taken LG`6W o:%orpData�ngsvc�o�aoo2uz-l7-oz\RA r lz4 Bo-3ob.doo and entered on the minutes of the Board of Supervisors on the date Originator: Public Works(ES) shown. Contact: Teri Rie(313-2363) c: Recorder(via Clerk of the Board)then PW Records Current Planning,Comnamity Development Department Windemere BLC Land company,L.L.C. ATTESTER: DECEMBER 17, 2002 3130 crow Canyon Place, 310 San Ramon,CA 94383 JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator Bytes Deputy RESOLUTION NO.2002/ 758 . 1111IIII11I111II1111111II111111IlllIIIIIIIIIIIIII Recorded at the request of: CONTRA COSTA Co Recorder Office ContraBwdof©sta pervis ' STEPHEN L, WEIR Clerk-Recorder R osupervisors [SCC— 500 -04$3984-00 Public works Department Engineering services Divisum Wednesday, DEC 18, 2002 09:23:22 records Section FRE $0.00 Tt 1 Pd $0,00 Nbr-0001216674 Area:DOUGHERTY VALLEY l r c/R9/1-9 Road:HARCOURT WAY Co.Road No.: RAI 124 Development No.: 7976 APN: 223-100-018 OFFER OF DEDICATION -ROAD PURPOSES Windemere BLC Land Company LLC,a California limited liability company,being the present title owner of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication to Centra Costa. County, a political subdivision of the State of California and its successors or assigns, for street, highway landscaping and other related purposes, including maintenance thereof,the real property situated in the County of Contra Costa,State of California,as described in Exhibit "A" (written description) and as shown on Exhibit "B" (plat map) attached hereto. It is understood and agreed that Contra Costs County and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein,until such offer has been accepted by appropriate action of the Board of Supervisors,or of the local governing bodies of its successors or assigns. The provisions hereof shall inure to the benefit of Contra. Costa County and its successors or assigns and will be binding upon the title owner of record and that owner's heirs, successors or assigns. The undersigned executed this instrument on (Signature Page Attached) (See attached notary) ►IGNATURE RAGETOR OFFER OF DRDIC;ATION Windemere BLC Land Company ILC, a California limited liability company By: Brookfield Bay Area Holdings LLC, a Delaware limited liability company Member By:—"6AA Print: L.tAmur Its: '`4?IC Fo By: Print: v i r►fr .r� Its: By: Centex Domes, a Nevada general partnership By: Centex Real Estate Corporation, a Nevada corporation Its Member f Print:J • ``-,�° ..' '�' t- 1 By:` L„ G ( . Print: tgicr LA -( �rje eq/ Its: By: LEN-OBS Windemere,LLC, a Delaware limited liability company Member By: Lennar Homes of California,Inc., a California corporation Managing Member By: '� Print: � - Its: k6 G,6 By: A Print: L SO- Its: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 2 State of California ' County of ! 't on �,��Y 2_04A before me, , e. ma and nate STina of Officer " Ked (� {.g.,'Jane Dft Notary Puble) personally appeared �`�C-d (C 0� 1 D -y7r '1 4 ftpkk Nama(a)of 5!gnar(s) lid impersonally known to me ?r 13 proved to me on the basis of satisfactory evidence i t� to be the persorowhose name@s is ri subscribed to the with�instrat andacknowledged to me thatxecutedthe same inhorized capacityi� and that by N *' DEBRA L. LEVINE signature the instrument the persor�5 or h COMM.#1218097 the entity pon behalf of which the perso s NOTARY PUBLIC-CALIFORNIA+� ALAMEUA COUNTY n acted, executed the instrument. 2' COMM.EXP.MAY 3,2003 WITNESS my hand and official seal. r: Signature of Notary Public C OPTIONAL Though the information below is not required by law,if may prove valuable to persons retying on the document and could prevent 6I 'a fraudulent removal and reattachment of this form to another document. Description of Attached Document i� Title or Type of€ ocument: Document Date: Number of Pales: it Signer(s)other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: 6; 0 individual Top of thumb here 0 Corporate Officer—Title(s): [❑ Partner—❑Limited L1 General J Attorney-in-f=act jl ❑ Trustee ° 0 Guardian or Conservator 1, Other: l Signer is Representing:. 0 5999 National Notary Association•935(3 Be Soto Ave.,P.A.Box 2402•Chatswonh,CA 91313.2402•www.natlMainotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-878-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of -bk�Ta On X3-4 . 62W before meakt` Date Name and Title of Officer(e.g.,"Jana Joe.Notary Public") personally appeared c�t{i�l Ct y � - �� ', Name(s)of Signer(s) personally known to me LD proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-+a/are subscribed to the within instrument and KAREN L. KEENAN acknowledged to me thaw/they executed Commission# 1378827 the same in 44W4wltheir authorized Z Notary Public - California capacity(ies), and that by +isid /their Contra Costo County r signature(s)on the instrument the person(s), or My Comm.En*esOct 7.20Db the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS r'w hand and gfficial s 'a1. S.nature of N ubtk OPTIONAL Though the information below is not required by law,it may prove valuable to parsons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: s• 0 Individual Top of thumb here LJ Corporate Officer—Title(s): 0 Partner—Cl Limited ❑General L1 Attorney-in-Fact D Trustee C Guardian or Conservator Cr Other: Signer Is Representing: 0 t M Naffonal Notary Association•9356 De Soto Ave,P.O.Box 2462•Chatsworth,CA 91313.2402•www.nationatnotaryorw Prod.No.6907 Reorder:Call Toll-Froe 1.800.976.6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of c7rt:�tC T1 On - 4 cs before me,�t�L- �_ - !"f `� c�, Lt C , Date Name and 7119 of Officer(e.g.,'Jana Doe,Notary Public') personally appeared r�. -�, _s�, a n(4 ` Ld Name(s)of Signers) Depersonally known to me 11 proved to me on the basis of satisfactory evidence to be the person(s) whose names) +glare '0-0- subscribed to the within instrument and KAREN L. KEENAN acknowledged to me that4w~they executed Commission If 1378827 t the same in 4+,Ow/theiir authorized 4 Notary f�ub#(o - California capacity(ies), and that by -44gw/the#r Contra Costa County signature(s)on the instrument the person(s), or my Comm.ExpkesOct7.2006 the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS y hand d off#c'al seal. Signat of ry Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above- Capacity(les)Claimed by Signer Signer's Name: ❑ Individual Top of thumb here O Corporate Officer—Title(s): 3 ❑ Partner—❑Limited ❑General { ❑ Attomey-in-fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association•9350 Do Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.natbnalnotary.org Prod.No.5907 Reorder:Cali Toll-Free 1.800-876.6827 NOVEMBER 11,2002 JOB NO.:94462-00 LEGAL DESCRIPTION RIGHT OF WAY DEDICATION PORTION OF SUBDIVISION 7976,LOT 18 CONTRA COSTA COUNTY,CALIFORNIA EXHIBIT `A' REAL PROPERTY, SITUATE IN THE UNINCORPORATED TERRITORY OF THE COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEING A PORTION OF LOT 18, AS SAID LOT IS SHOWN AND SO DESIGNATED ON THE OFFICIAL MAP OF SUBDIVISION 7976, FILED NOVEMBER 16, 2001 IN BOOK 436 OF MAPS, AT PAGE 29 IN THE OFFICE OF THE COUNTY RECORDER OF CONTRA COSTA COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERN CORNER OF SAID LOT 18; THENCE, FROM SAID POINT OF BEGINNING, ALONG THE WESTERN LINE OF SAID LOT 18, SOUTH 27026' 02" WEST 0. 914 METERS;. THENCE, LEAVING SAID WESTERN LINE, NORTH 62033' 58" WEST 66.487 METERS; THENCE, ALONG THE ARC OF A TANGENT 66.962 METER RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 05057' 06" , AN ARC DISTANCE OF 6.956 METERS; THENCE, ALONG THE ARC OF A REVERSE 60.538 METER RADIUS CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 33°23' 18" WEST, THROUGH A CENTRAL ANGLE OF 26012'30", AN ARC DISTANCE OF 27.691 METERS; THENCE, ALONG THE ARC OF A COMPOUND 98 .723 METER RADIUS CURVE TO THE LEFT, FROM WHICH THE CENTER LINE OF SAID CURVE BEARS SOUTH 07°10'38" WEST, THROUGH A CENTRAL ANGLE OF 03024' 54", AN ARC DISTANCE OF 5.884 METERS; THENCE, NORTH 86014' 16" WEST 68.414 METERS; THENCE, ALONG THE ARC OF A TANGENT 32.750 METER. RADIUS CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 44002'39", AN ARC DISTANCE OF 25.175 METERS TO A POINT ON THE NORTHERN LINE OF SAID LOT 18; THENCE, ALONG SAID NORTHERN LINE, THE FOLLOWING FIVE (5) COURSES: 1) ALONG THE ARC OF A NON-TANGENT 36.000 METER RADIUS CURVE TO THE RIGHT, FROM WHICH THE CENTER OF SAID CURVE BEARS SOUTH 40°16' 55" EAST, THROUGH A CENTRAL ANGLE OF 44002' 39", AN ARC DISTANCE OF 27.674 METERS; 2} SOUTH 8601.4'16" EAST 68.708 METERS; 8c\462-00\LEGALS\*.v—RAP,COtMT—SW 002.1100 _. .. Yl LEGAL DESCRIPTION NOVEMBER 11, 2002 Page 2 of 2 JOB NO. : 462-00 3) ALONG THE ARC OF A TANGENT 59. 952 METER RADIUS CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 29051155" , AN ARC DISTANCE OF 31.250 METERS; 4} ALONG THE ARC OF A REVERSE 66. 048 METER RADIUS CURVE TO THE LEFT, FROM WHICH THE CENTER OF SAID CURVE BEARS NORTH 33037139" EAST, THROUGH A CENTRAL ANGLE OF 0601113711 , AN ARC DISTANCE OF 7.140 METERS; 5) SOUTH 62033158" EAST 66 .487 METERS TO SAID POINT OF BEGINNING CONTAINING 0.017 HECTACRES OF LAND, MORE OR LESS. END OF DESCRIPTION as �iS yt * CHRISTO HER S. HARMISON L.S. 7176 opc EXPIRES. DECEMBER 31, 2003 PA462-001L&gals\Lg-harccw-sw 002,DOC f SCALE: 1:1000 P.O.B. (� , � � e tric z � �T 0'4 0 C) N33-37'39"E(R) S33.23'08-W(R) z--, N0710'38"E(R) CjC CURVE TABLE E CURVE RADIUS DELLA LENGTH . ' C1 66.962m 05'57 06 6.956m --- C C2 60.538m 2fi9 2'30 27.691 m ' COC3 98.723m 03'24 54 5.884m C4 32.750m 44'02 39 25.175m C5 36.000m 44"02 39 27.674m C6 59.952m 29`51 55 31.250m C7 66.048m 06'1137 7.140m 00 00 LINE TABLE N0. BEARING LENGTH } L1 j S27`26 02 W 0,914m 0 Q0 1 54016'55"E R C4, C5 EXHIBIT B PLAT TO ACCOMPANY LEGAL DESCRIPTION OFFER CF DEDICATION LOT 18, SUBDWSON 7976 (436 M ) CONTRA COSTA COUNTY, CAL FORNIA Carlson, Barbee, & Gibson, Inc. CIVIL, ENGINEERS + SURVEYORS + PLANNERS 2603 CAMINO RAMON, SUITE 100 SAN RAMON, CALIFORNIA 94583 TELEPHONE- (925) 866-0322 FAX. (925) 866-8575 94462\ACAD\PHOT\PLAT\PLAT—HARCOURT SW.DWG C. 1 Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Resolution on December 17, 2002, by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/ 760 SUBJECT: Acceptance of Instrument for Offer of Dedication for Roadway Purposes for RA 1124 (cross-reference Subdivision 7976),being developed by Windermere BLC Land Company,L.L.C.,San Ramon(Dougherty Valley) area.(District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: INSTRUMENT REFERENCE GRANTOR AREA DlS'IWF Offer of Dedication for RA 1124(cross- Windemere BLC San Ramon III Roadway Purposes reference SUB Land Company, (Dougherty 7976),<,Watermill Rd. L.L.C. Valley) APN 223-100-021 I hereby certify that this is a true and correct copy of at action taken :cW G:\GrpDatalEngSvciBt�\2002SI 2-3 7-021RA 1124 BO-30c.doc and entered on the minutes of the Board of Supervisors on the date Orignator: Public Works(ES) shown. Contact: Teri Rie(313-2363) C'. Recorder(via Clerk of the Board)then PW Records Current Planning,Conununity Development Department Windemere BLC Land Company,L.L.C. ATTESTED: DECEMBER 17, 2002 3130 Crow Canyon Place,#3 10 San Ramon,CA 94583 JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator t' By Z:_�°,.., .�. Deputy RESOLUTION NO.2002/ 7 6 0 Recorded atthereq� , tn[: I1IIIIIIII 11111111 IN 111111111111111111111 Contra Costa County CONTRA COSTA Co Recorder Office Boars of Supervisors Return t�: STEPHEN L. WEIR Clerk-Recorder Public Works Department DOC— 2@&-04839$3-00 Engineering Services Division Records section Wednesday, DEC 18, 2002 09:23:13 FRE $0.00 Area:DOUGHERTY VALLEY Tt 1 Pd $0.00 Nbr-0001256672 Road:WATERMI LL ROAD l r c/R9/1_7 Co.Road No.: RA 1124 Development No.: 7976 APN: 223-100-021 OFFER OF DEDICATION-ROAD PURPOSES Windemere BLC Land Company LLC,a California limited liability company,being the present title owner of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication to Contra Costa County, a political subdivision of the State of California and its successors or assigns, for street, highway landscaping and other related purposes, including maintenance thereof, the real property situated in the County of Contra Costa, State of California, described as LOT 21, Subdivision 7976 (436 M 29), filed November 16, 2071 in the office of the County Recorder of Contra Costa County and as shown on Exhibit"B"(plat map)attached hereto. It is understood and agreed that Contra Costa County and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the offered parcel of land or any improvements thereon or therein,until such offer has been accepted by appropriate action of the Board of Supervisors,or of the local governing bodies of its successors or assigns. The provisions hereof shall inure to the benefit of Contra Costa County and its successors or assigns and will be binding upon the title owner of record and that owner's heirs, successors or assigns. The undersigned executed this instrument on (Signature Page Attached) (See attached notary) SIGNATURE PACE FOR OFFER OF DEDICATION Windemere BLC Land Company LLC, a California limited liability company By: Brookfield Bay Area Holdings LLC, a Delaware limited liability company Member Print: " /L r 5rr Its: By: Print: .+ -e y Its: ✓/r By: Centex Hames, a Nevada general partnership By: Centex Real Estate Corporation, a Nevada corporation I ember B : Print: / .., ,�v�.► ,y,�;✓ Its: G'�"`• s' By: .Ck t tX 2 cit Print:L ucve[ �'.xi eek c,y Its: LELD By: LEN-OBS Windemere,LLC, a Delaware limited liability company Member By: Lennar Homes of California,Inc., a California corporation Managing M .mbar c By: PrintA. Its: By:— fIRA&& Print: Sor• Its: V EGGt - - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of da a ?s On D eiy /' %,ADZ— before me, Z Bate`�� m ((�� )�� Name and Title of Ofter(e.g.,'Jane Doe,Notary Public) personally appeared #' Y Lnm & Q e K-., M 3 Name(s)of Signer(s) 1+0 sora€€y known to me i] proved to me on the basis of satisfactory evidence 16 to be the personwhose namfo is:�y subscribed to the"within instrument and acknowledged to me that hMth hey executed the same in authorized capacity and that by T, DEBRA L. LEVINi signator n the instrument the person or COMM.*1218097 � the entity upon behalf of which the perso NOTARY PUBLIC-CALIFOF#FUG t� ALAMEDA COUNTY C acted, executed the instrument. ' COMM.EXP.MAY 3,20()3._-' WITNESS my hand and official seal, e Signaiure of Notary Public x OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of document: 1 Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: G D Individual Top of thumb here E. Corporate Officer---Title(s): ❑ Partner—©Limited ©General [I Attorney-in-Fact © Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: 0 7899 National Notary Asaociatlon-9350 Ua Soto Ave.,P.O.Box 2402•Cnauwotth.CA 81373.2402•www.nationalnotar) rM Prod.No.5907 Reordw:Cal Toff-Free 4-800-976-8827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of pore-4 f �' 7�f ss. before me, 4469ZO Date Name and Yale of Officer(e.g.."Jerre Doe,Notary Public") personally appeared tt�! ( _t4�;ti t n Name(s)of Signers) personally known to me Cl proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ie,4are KAPEN L. KI=ENAN subscribed to the within instrument and Commission# 1378827 acknowledged to me that4tefshel;lthey executed z yes Notary Public - California > the same in -M&�/their authorized Contra Coster County ' capacity(ies), and that by 44ef h*, their My Comm.EVWesOct7.2006 signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITN�SS,rfiry hand and,officiat seal. 5iynature a c Dubuc �� OPTIONAL Though the information below is not required by law,it may prove valuable to persona relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: (dumber of Pages: Signer(s)Lather Than Named Above: _ Capacity(les)Claimed by Signer Signer's Name: Wfiffis ISM 11 Individual Top of thumb here Corporate Officer—Title(s): P. Partner,--©1_imited 0 General o Attorney-in-Pact * Trustee 11 Guardian or Conservator EJ Other: Signer Is Representing:- 0 1999 epresenting;01999 NadonaiNotary Asaodation•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.natibnafnotary.org Prod.No.5907 Reorder:Calf Tog-Free 1.8DO-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On t , f)FN,62(X" before me, (lata t Name and Tiffs of Officer(e.g.,'Ane boe,Notary Public personally appeared ' , Names)of Signer(s) Z9personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) 4a/are _ •..=. subscribed to the within instrument and KAREN L. KEENAN acknowledged to me that efthey executed i6Commission# I378$27 the same in 44e4w/their authorized Notary Public - California capacity(ies), and that by -his4ior/their Contra Costa County signature(s) on the instrument the person(s), or MyCornrn.ExpIresOct7,!{ 6 the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS y hand an #ficial eal. � r i tgnatura of Noto PvDflc OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: ❑ Individual top of thumb here i ❑ Corporate Officer---Title(s): ❑ Partner—❑Limited ❑General ❑ Attorney-in-Pact 0 ❑ Trustee E ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association•9350 Cls Soto Ave.,P.O.Sox 2402•Chatsworth,CA 91313-2402•www.ratimainotary.org Prod.No.5907 Rec(dw:Call off-Free 1-800.878-8827 r-ARCO URT LOT 18 (436 M 29) CD CD LOT 12 (436 M 29) LOT 19 LOT 20 (436 M 29) EXHIBIT B PLAT TO ACCOMPANY LEGAL DESCRIPTION OFFER OF DEDICATION LOT 21 , SUBDIVISION 7976 (436 M 29) CONTRA COSTA COUNTY, CAILFORNIA Carlson, Barbee, & Gibson, Inc. CIVIL ENGINEERS + SURVEYORS • PLANNERS 2603 CAMINO RAMON, SUITE 100 SAN RAMON, CALIFORNIA 94583 TELEPHONE: (925) 866-0322 FAX: (925) 866-8575 94462\ACAo\PH01\PLAT\PLAT--LOT21 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 17, 2002,by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/761 SUBJECT: Approval of Road Improvement Agreement for Newport Drive for RA 1132(cross- reference Subdivision 8570), being developed by Hofmann Land Development Company, Discovery Bay area. (District III) The following document was presented for Board approval for Newport Drive, road acceptance file RA 1132(cross-reference Subdivision 8570)property located in the Discovery Bay area, Supervisorial District III. A Road Improvement Agreement with Hofmann Land Development Company, principal, whereby said principal agrees to complete all improvements,as required in said road improvement agreement, within one year from the date of said agreement. Improvements generally consist of sidewalk, curb replacement and pedestrian ramps. Said document was accompanied by security to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors Originator: Public Warks(ES) on the date shown. Contact: Chris Lau(313-2293) CL:cw DECMEBER 17 2002 G:\otpDataEngSvc\Bo\2002\12-17-02\RA 1132 so-15.aoc ATTESTED: cc: Public Warks-T.sell,Construction JOIN SWEETEN, Clerk of the Board of Supervisors and Current Planning,Community Development County Adniinlstrator T d 10-17-03(P1) Hofinam Land Development Company _ Attn:Robert Henry 1380 Galaxy Way Concord,CA 94522 By Deputy St.Paul Fire and Marine Insurance Company e p y Attn:Matthew 1.Druntright 100 California St.,Ste.300 Sen Francisco,CA 94111 RESOLUTION NO.2002/ 7 61 SUBJECT: Approval of Road Improvement Agreement for Newport Drive for RA 1132 (cross-reference Subdivision 8570),being developed by Hofinann Land Development Company,Discovery Bay area. (District IIS DATE: December 17, 2002 PAGE: 2 I. Cash Band Performance Amount.. $1,800.00 Auditor's Deposit Permit No.DP 395948 Date: November 14,2002 Submitted by: 'Hofmann Land Development Company Taxpayer identification number: (Federal 68-0419482) and(State 02118258) 11. Surety Bond Bond Company: St. Paul Fire and Marine Insurance Company Bond Number and Date: ST 87O5,November 8, 2002 Performance Amount: $178,800.00 Labor&Materials Amount: $90,300.00 Principal: Hofmann Land Development Company NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 20102/761 ROAD-IMPROVEMENT AGRA EMT Developer. tcwoyx &'_z L4 v Effective Date: .. - Development: $cove r"X Mfg� � � Completion Period: 1 year Road: er~-f-Pe s of A A !/3 Z THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: {.y CONTRA COSTA COUNTY DEVELOPER Maurice M.Shiu,Public Works Director ; By: „< (signature) (print name&title)�-- RE OMMEND F r P OVA By: (S;gnaturey e, ening Services Division (print name&titles h .1,s . :, c APPRO Victor I.Westman,County Counsel (NOTE: All sigmarures to he aclawwled&ed. IfSubdivider is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code S313.) 1. PARTIFS&DAIE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County,"and the above-mentioned Develop er mutually promise and agree as follows concerning this development: 2. IMPP VEMEIdTS. Developer 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 platys for this development 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). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof 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 Developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. For Performancc and Guarantee: $ 4 cash,plus additional security,in the amount of S 78 ffi a 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 Developer 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 70 - 3 4)0� �� which is fifty percent(501%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check 7 Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities irsy be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 4. O AttAt +•AhM_WABRA=01I WC R& Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 46-4.6, "Acceptance,"of the Ordinance Code. Developer 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. Developer 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-year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Developer 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 development. 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,Developer 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 Developer 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. g, INDEMNITY: Developer 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 causinsF liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Developer,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 plau(s)or specification(s)in connection with this work,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: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. hQNP RFORMANCE AND COSTS:If Developer 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 Developer 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. D6veloper hereby consents to entry on the development 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,Developer agrees to pay all costs incurred by the County,even if Developer subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 11. IINCORPORATION/AtLNj ATION. If,before the Board of Supervisors accepts the work as complete,the development is included in territory incorporated as a city or is annexed to an existing city,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 Developer,who shall fulfill all the terms of this agreement as though Developer had contracted with the city originally. 12. CONSIDERATION. In consideration hereof: (Check applicable section(s)) _ County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations. County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete. Other(requires County Counsel approval RL:kw G:1ChpDat&WngSvc\FormslAG WORMAQ-24.dac Rev,April 6,2000 _._...................................................................................................... CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California } ) SS. County of Contra Costa ) On November 13, 2002, before me, D. Panteles, a Notary Public in and for the State of California, personally appeared A.T. Shaw, personally known to me to be the person whose name is subscribed to within instrument, and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person, or entity on behalf of which the person acted, executed the instrument. WITNESS my hand and official seal . 0. PANTE Comm, NG"ARr PURt?,' AiifORNfA UI Centra Cost a county r My pan r,.tx fins March 9,2008 NA Signator .r .. Reference: Read Improvement Agreement—RA 1132 Date: November 8, 2002 Pages: 1 CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California } ) SS. County of Contra Costa } On November 8, 2002, before me, D. Panteles, a Notary Public in and for the State of California, personally appeared Thomas A. Whalen and Dennis M. Drew personally known to me to be the person whose name is subscribed to within instrument, and acknowledged to me that they executed the same in his authorized capacity and that by his signature on the instrument the person, or entity on behalf of which the person acted, executed the instrument. WITNESS my hand and official seal ° '" 0. FANTELES Comm.#1296585 r� .� N 'AaY PVE;C CALIFORNIA VJ irF Casts rounty °O v b zarss tTAAhq 2005 Signature : Reference: Road Improvement Agreement— Newport Drive RA 1132 Date: November 3, 2002 Pages: 1 ACTION BY THE BOARD OF DIRECTORS OF HOFMANN LAlrl6 DEVELOPMENT COMPANY BY WRITTEN CONSENT WITHOUT A MEETING The undersigned, being all of the present directors of Hofmann Land Development Company, a Callfornla corporation, Individually and collectively consent, by this writing, to take the following actions, to adopt the following resolutlow RESOLVED,that the corporation authorizes A.T. Shaw to execute, In his authorized capacity as CEO/President, any and all documents related to the purchase and sale of real property, any and all documents related to the approval of tentative and final subdivision reaps, and any and all documents related to land improvement agreements, such as subdivision agreements, and anis and all bond agreements. This consent is executed pursuant to section 347, subdivision (b) of the California Corporations Code, which authorizes the taking of action of the Board of Directors by unanimous written consent without a meeting. Dated: August 1, 2000 KsnneffMi a n, Director Albert T. Shaw, DI or tiJ a errnon, Director oma�s A, Whsaien, DI Dennis M. Drew, Director 4 Richard L. Greene, Director I CERTIFICATION OF SECRETARY 1, Dennis M. Grew, do hereby certify that I am duly elected and qualified Secretary and the Deeper of the records and corporate seal of Hofmann Land Development Company, a California corporation organized and existing udder the laws of the State of California, and that the above is a true and correct copy of a resolution duly adopted by the Board of Directors thereof, and that such resolution is now in full force and effect. �e Dennis M. Drew, Secretary Date: -1 1 ';t COUNTY OF CONTRA COSTA DEPOSIT PERMIT FFICE OF COUNTY AUD17OR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATIdNNUMBER 4 t j fojf/QCyCi{4Ck�lGfy1; (For Cash Collection Procedures see Coonty Administrator's Bulletin 145.) DESCRIPTION FUND ORG. ACCT. TASK OP a / SUBTION ACTIVITY AMOUNT 9 $ r I t J t /. F 7 si--_ t F til f y+^^ yV t E-, f - , } EXPLANATION: 4 _.} TOTAL $ E DEPOSIT � a t Deposit consists of the following Rom AR 1 COIN and CURRENCY L ' - jn > CHECKS,M.O.,ETC, l , 1 BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT r i_ _ '._ , r + . .� PERMIT NUMBER DPL DATE 315948 JOV 11,02 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 Trlwsury. acknowledged. r Signed Date a Signed: t geed: t Title::d t '` , EXT. - w vDKty County Auditor I Deputy County Treasurer Dab 3) Cly ) V ;-vt 000649-9665 / 831000: 61107894, $13,527.00, RA 1132 Road Acceptance Inspection, Hofmann Land Development Company, 1380 Galaxy Way, Concord, CA 94520 000649-9665 / 831000: 61107896, $9,735.00, SUB 8372 Improvement Plan Check, Camino Diablo Associates, 2800 Camino Diablo, Walnut Creek, CA 94596 000649-9665 / 831000: 61107897, $5,000.00, SUB 7881 Inspection Deposit, Centex Homes Northern California, 1855 Gateway Blvd., Suite 650, Concord, CA 94520 819800--0800: 61107894, $1,800.00, RA 1132 Cash Performance Bond, Hofmann Land Development Company, 1380 Galaxy Way, Concord, CA 94520 Bond No.: ST8705 Development: lei,stove¢ b�fty W6 F- l Premium: $1,609.00 IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499- 66499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer(Principal)has executed an agreement (Road improvement Agreement) with the County to install and pay for street, drainage and other � improvements on, or along W,9 4 s t Pet s� to complete said work within the time specified for completion in the Road improvement Agreement,all in accordance with State and local laws and rulings. 2. OBLIGATION: Co ftalt ,asPrincipaland St. Paul Fire an marine T nsranca Company , a corporation organized un er the laws of the tate o Minnesota , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: r A. Performance: OA I-1,j4d1,fd 5eye,14X 7klasan �C1*qA/-1Voxakd Dollars($ f �, goo, , s )for itself or any city assignee under the above County Road improvement Agreement,plus B. Payment: -/V,�`.+f t-iy �t�� s*ee�e , gar red Dollars ($ ` ' x ) to secure the claims to which reference is made in Title 15 §§ et seq. of the Civil Code of the State of California. 3. CONDI'T'ION: 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 Dept 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 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 undersigned 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 of the State of California, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under the 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 Road Improvement Agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve the Surety from liability on this bond ano consent is hereby given to make such alteration without further notice to or consent by the Surety and the Surety hereby waives the previsions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against Principal whenever taken. 4. SIGNED AND SEALED: The undersigned executed this document on PRINCIPAL: Hofmann Land Development SURETY: St. Paul Fire and :Marine Insurance Company Address: 1350 Galaxy Gray Address: 100 California Street, Ste. 300 City: Concord, CA 94520 City: S n Francisco, CA 94111 Print Name: Al -r '1' 'r alekl Print Name: Matthew�`,)J Dumright Title: '' r Title: Attorney-in-Fact /9 :mw• G\GtP.Data\En Svc\Fonrs\HN WORMBN-9.doc R HE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California } ) SS. County of Centra Costa } On November 8, 2002, before me, D. Panteles, a Notary Public in and for the State of California, personally appeared Thomas A. Whalen and A.T. Shaw, personally known to me to be the persons whose names are subscribed to within Instrument, and acknowledged to me that they executed the same in their authorized capacity and that by his signature on the instrument the person, or entity on behalf of which the person acted, executed the Instrument. WITNESS my hand and official seal w* " 4t NTEELES �`,.fri?.'�N 296585 955.3 County ro Signature Sl Reference. Improvement Security Band for Road Improvement Agreement—RA 1132 Date: November 8, 2002 Pages. 1 ( Sffime Y PONVER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St,Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. l St.Paul Mercury Insurance Company i Power o€Attorney No. 245 Certificate No. 1434966 KNOW ALL MEN BY THESE PRESENTS.That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Cotr_pany are corporations duly organized under the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of The State of Maryland,and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively calied the "Companies'), and that the Companies do hereby make, constitute and appoint Matthew J Drurnright,Sandra Fredrickson,James C Jenkins,and Michael G.Hogan Concord California of the City of 5 ate their true and:awful Attorney(s)-in-Fact, each in,heir separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidei s.y of persons, guaranteeing the 3 performance of-contracts and executing or guaranteeing bonds and undertakings required or perr_nitted in any actions or proceedings allowed by law. 7`h August 20012 IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this day of Seaboard Surety Company United States Fidelity and Guaranty Company € St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company € SC Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company SUPf7 �F1A�b-My ��h�.•�N�L� JPa,Naypq� Of5mm) ATFi1y51PETER W.CAR&RAN,Vice President SEALAy�r/�d t� 4 �cr+•f ` State of Maryland City of Baltimore THOMAS E.HUIDREGTSE,Assistant Secretary th Or this day of August 2002 before me,the undersigned officer, personally appeared Peter W. Cannan and a Thomas E. Izuibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St. Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Pau'!Mercury Insurance Company,United States Fide'_hy and Guaranty Company,Fidelity and l Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of l said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized office---s. In Witness Whereof,I hereunto set my hand and official seal. r40 9LtC My Commission expires the Ist day of July,2006. � CITY�o RF;SHCCA FASLEY-ONOKALA,Nou ry Public £ 86203 Rev.7-2002 Printed in U.S.A. �____ _-- _. __..___.. ... 4. This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,United States Fidekty and Guaranty Ccnlpany, Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1498,which resolutions are now in foal forec and effect,reading as follows: RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,endertakings,contracts and other inst,-u:nenis relating to said business may be signed,executed,and acknow'_edged by persons or entities appointed as Attorneys)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, 6 under tacit respective designat?ons. The signature of sue"officers maybe engraved,printed or lithographed. The signabire of each of the foregoing officers and the sea:of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorneys)-in-Fact for purposes only of execs:ting and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any iimitaiions set forth therein,any such Power of Attorney or certificate bearing sue:.facsimile signature or facsimile seal shall be valid and binding upon the Company,and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached;and RESOLVED FURTHER,that Attorneys)--in-Pact shall have the power and authority,and, in any case,subject to the terms and limitations of the ?oma+er of Attorney issued them,to execute and deliver on behalf of the Cornpany and to attach the seal of the-Company to any and all bonds and::ndertakings,and one= writings obligatory in the r_ature thereof',and any such,inst ument executed by such Attorneys)-in-Pact shall be as binding upon the Company as if signed by an Exccutive Officer and sealed and attested to by the Secretary of the Company. I,':homas E_Hi�ibregtse,Assistant Secretary of Seaboard Surety Company,St. Paul Fire and Marine insurance Company,St.Paul Guardian Insurance Company, St. ?au!Mercury insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty lus�uranee Underwriters,luc_do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Cotnpailies,which is in fall force and effect and has not been revoked. IN TESTINIONY WHEREOF,I hereunto set my hand this 11th day of November 2002/ os A&fThomas E.i Iiz:breg,,se.Asci e Sick. To verify the authenticity of this Power of Attorney,calf 1-800-421-3880 and as#for the Power of Attorney cierk, Please rifer to the Power ofAtrorney number,the above-named individuals and the details of the bond to which the power Is attached i i 1 3 (i 3 t State of California County of Sacramento On November 11 2002 before me,Myra J. Hicks personally appeared Matthew,1 Drumright 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. Cunw6* %151E�M WITNESS myha andjoicial seal. i i ature of Notary Public Y ---------------------------------------------------Optional-----------------------------_--------------_-------------- Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of attached Document Title or Type of Document: Hofmann Land Dev. FB for County of Contra Costa Document Date: 11/11/02 Number of Pages: 2 Signer(s)Other Than Named Above: Capacity(ies) claimed by Signer(s) Signer's Name: ❑ Individual Individual Q Corporate Officer [❑ Corporate Officer Title(s): Title(s): ® Partner-®Limited 7General ❑Partner-7 Limited❑General ® Attorney-in-Fact Attorney-in-Fact ❑ Trustee [l Trustee r; El Guardian or Conservator ti F� Guardian or Conservator a Other : Th Other : offThumb Here Other : Top of Thumb Here Signer is Representing: Signer is Representing: St.Paul Fire and Marine Ins. Co. Signer's Name: Celt THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 17, 2002 by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/ 7 6 2 SUBJECT: Approve the Final Map and Subdivision Agreement for Subdivision 7632, being developed by Arbor Springs Partners, L.L.C.,Pacheco area. (District IV) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 7632, property located in the Pacheco area, Supervisorial District IV, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Arbor Springs Partners, L.L.C., 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: BY:cw G:\GrpData\EngSvc\BO\2002\12-17-02\SUB 7632 BO-21.doc Originator:Public Works(ES) I hereby certify that this is a true and correct copy of an action Contact: Brian Yip(313-2178) taken and entered on the minutes of the Board of Supervisors on the date shown. cc: Public Works m T.Bell,Construction Current Planning,Community Dei=elopment T—10-17-03 Arbor Springs Partems,L.L.C. ATTESTED: DECEMBER I7 2002 Attn:Steve J.Furtado P.O.Box 1767 JOAN SWEETEN,Clerk of the Board of Supervisors and Martinez,CA 94553 County Administrator Gulf Insurance Company Attn:Jocelyn Y.Quirt 110 West A Street,suite 1805 San Diego,CA 92101Bye S Y ,-. Deputy RESOLUTION NO.2002/ 7 6 2 ell SUBJECT: Approve the Final Map and Subdivision Agreement for Subdivision 7632,being developed by Arbor Springs Partners,L.L.C., Pacheco area. (District IV) DATE: December 17, 2002 PAGE 2 A. Cash Bond Performance amount: $2,317 Auditor's Deposit Permit No. 396157 Date:November 19, 2002 Submitted by: Steve J. Furtado Construction and Development B. Surety Bond Bond Company: Gulf Insurance Company Bond Number: BE 2626267 Date: November 12, 2002 Performance Amount: $229,383 Labor& Materials Amount: $115,850 Principal: Arbor Springs Partners, L.L.C. 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 2002-2003 tax lien has been paid in full and that the estimate of the supplemental tax lien is estimated to be $1,100, with security guaranteeing payment of said tax lien as follows: + Tax Surety Assessors Deposit Permit Number: 396087 Date: November 18, 2002 Amount: $1,100 Submitted by: Arbor Springs Partners, L.L.C. 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. 2002/762 ell SUBDYWSION AGREEMENT (Government Code§66462 and§66463) Subdivision: Sub 7632 Principal: Arbor Springs Partners,LLC Effective Date . `"k/ 'n� — I t� Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY PRINCIPAL Maurice M.Shiu,Public Works Director — ell By: (Signature) Y RECO i DED F OVAL (N=e&Titte) Steve Furtado By: E gineervices Division FORM APP RO Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged. If Principal is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313) l. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"County"and the above-mentioned Princi al mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Principal 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 by the Conditions of Approval for this development and generally as shown on 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). Principal 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§§66410 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, Principal shall, pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: 'x;2,317.00 cash,plus additional security,in the amount;S 229,383.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. k Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal 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:S 115,850.00,which is fifty percent(SO°le)of the estimated cost ofthe work. Such security is presented in the form of: Cash,certified check,or cashier's check XC Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or materials to thein or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount held as securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Principal 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. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to private improvements,which are not to be accepted by the County. 5. PLANT ESTABLISHMENT WORK.. Principal 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 wank 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. Principal 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,Principal shall make whatever changes may be necessary to the plans 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,shalt not relieve the Principal of the obligation to fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof. S. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are County and County's special districts,elective and appointive boards; commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defused below and including personal injury,death,property damage,inverse condemnation, or any combination of these and regardless of whether or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as 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 Principal,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 specifications)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: Principal shall pay when due,all the costs of the work,including all costs incurred by the County for services provided.This cost may include,but are not limited to:inspection,administration,engineering,construction and relocation of existing utilities. 10. SURVEYS. Principal 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 Principal fails to complete the work within the time specified in this agreemcnt,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal 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,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 Principal,who shall fulfill all the terms of this agreement as though Principal 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 Principal to file and record the final map or parcel map for said subdivision. 14. RIGHT OF ENTRY. Principal hereby consents to entry on the subdivision property and any other property affected by the Improvement Plans by County and County forces,including contractors,as may be necessary to ensure complete construction and/or maintenance, RL:rD:lad/cw G:\GrpData\ErtgSvclBYi p12002%Sub7632\AG-30.doc ........................................................................................................................................................................................................................................................................................................................... CALIFORNIA ALL-PURPOSE ACKNOWLED GEM EN`S State of i2_I-i 14 OPTIONAL SECTION County of `•`� � _ QCAPACITY CLAIMED BY SIGNER On y+ t _- ' before me, t''Y t A. -;V'a � . ��!`�, M��.� �� L, Though statute does not require the Notary to flu In DATE NAME OF 0- a.c.,�i nor#.NOTARY PUBLIC" the data below,doing so may prove Invaluable to personally appeared ` ` ; J, t .;..: = ' persons relying on the document. N s)OF SIONBR(S) 0 INDIVIDUAL 0 personally known to the-OR-0 proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLE(S) yi{� w subscribed to the within instrument and ,4 Jj ti t.; acknowledged to me that he/she/they executed 0 PARTNER(S) 0 LIMITED the same in his/her/their authorized capacity(ies),and that by his/her/their ❑ GENERAL € l�` .u=r u E'c-C'o';,'0= sa 3� signature(s)on the instrument the person(s)or O ATTORNEY-IN-FACT 'o x , C� iy F the entity upon behalf of which the person(s) TTRUSTEE(S)r f z acted,executed the instrument. C7 GUARDIAN/CONSERVATOR, ve.. A OTHER.i"tt4r__-._f' L "Y'f{wY " WrINESS my and offtial se91, T) SIGNER IS REPRESENTING- (NAND OF PERSON(S)OR ENTIrY(I6S)) SIONATM OF NOTARY OPTIONAL SECTION THIS CERTIFICA'T'E MUST BE ATTACHED Title or Type of Document TO THIS DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above m4ttachmmt 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. FORALL -The naive and interest of the signer should be typed or printed BENEATH the signature. The name must a sign exactly as it is typed or printed. Il. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed.. The signer's interest in the property must be stateA - III. SMN411=FOR PARTNERSI# PS •Signing party must be either a general partner or be authorized in writing to have e authority to sign for and in a partnership. IV. �I9NA.�l. S FOR CORPORATIONS_ Documents should be signed ytwo 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 RAn Assistant Secret1y c The Chief Financial t dicer 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 co orate signature or signatures from onlyone group,must contain the fallowing phrase: "_.and acknowledged to meat such corporation executed the wiffiin instrument pursuant to its by-laws or a resolution of its Board of Directms." 4PW$41StIARDATA%OtpData�4Svo\Fomig�WORD P0WMSVJ L PURPOSE NOTARY.doe ell CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA OPTIONAL SECTION County of CONTRA. COSTA CAPACITY CLAIMED BY SIGNER On 12-4-2002 ,before me, A.J._BS�Q3`Ei, NOfiARY Pi BTJC_ Though statute does not require the Notary to fill in DATE NAME,TiTLIF OF OFFICER E.G.,"SANE DOE,NOTARY PUBLIC" the data below,doing so may prove invaluable to persons relying on the document. personalty appeared STEVE F€IRTAIJ(} NAME(S)OF SIGNER(S) INDIVIDUAL personally[mown to me-OR- proved to me on the basis of satisfactory evidence to CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLE(S) subscribed to the within instrument and acknowledged to me that he/she/they executed PARTNER(S) LIMITED WA__ � the same in his/her/their authorized GENERAL J� BOTH capacity(ics),and that by his/her/theirATft}RNEy_IN.FACT l signature(s)on the instrument the person(s)orthe entity upon behalf of which the person(s) TRUSTEES) OWRA g��y��x�A�+//�� lmyacted,executed the instrument. G�UAIAN/CONSERVATOR EV.JLM 24,LVW OTHER. W�TNES y hand Rod official seal, SIGNER IS REPRESENTING: NAME OF PERSON(5)OR ENTITY(IES)) SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided 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 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 or an in the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should a signed y 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. Ia The Secretary b An Assistant Secretary c The Chief Financial Officer 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.,' SC:mw G:1GrpData\EngSvc\Forms\WORD FORMS\ALL PURPOSE NOTARY.doc c� d dA� I t qD {,�y Ly, aiTCR.TdiC S Lt} { �ALIi"fA V VD `� �Dt tT3�t1r3Vd GWArMg CL Z z W,, be S; A I�a,!i t ;!c IK IL , list :�5 law. M itt .0 r UA l i .a { K yy ie lfb t CL CAS ip _ lK 1 . Y `i _ ..,�, l `aQi ir P//w A iyam > tt r yp j $ 1 9�lirf zs z.a�au�f W 3.2218a tat r.'S;� W ( 42OV iz- 'w/ki*it, zt ON �-,rtT �Vlzihl- S ac'tz u'!2 � S $ � i �•,,„ ooze,-a Ch jig19- � � -ell -77 , zn L33f-6 33S aa co IK pit if's0-1 E I LO 7 y C _ -81 r } ccv CQ "AV CQ -TWV4 st zo ,* A.+s. lit LO AT, %.Cai�:b�I 1 Lo3,eoaau� v i # LD wa icy , i re �# � a wamvm >r � 4 tie ns ibk wG_/.M.WiI; %rrkri:,.f2M1'9�.'Imb'.w,.�MenM Yp" M�z ` Ott ' ' ` r✓ on ' All -- ua1..VDIL t .ti %VINg x ,a *00 _ _ _ .. COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM r ORGANIZATION NUMBER l (Ownization) (Por Cash Collection procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUS. TASK ORTION ACTIVITY AMOUNT ACCT. y $/00.y)) (APP SOD v f I j VJ E , (" - fir. l t I r1, f. ) t I EXPLANATION- SVr TOTAL $DEPOSIT � ( i> � Des_posit consists of the following i ems , C ! COILand CURRENCY $ r h fi f C rt t Volf C( CKSsM.C1,ETC. $ F c.t DLJ �j�~ t � 6f'� V { � B`�AW—C7EPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT L'sb PERMIT NUMBER LSP Y DATE '157�01 ASSIGNED The omount of money des gibed above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into t e County Troosury. acknowledged.A", I` Signed: ` Date ``' '�x)C . Signed*,"..., Signed: 6L�' 1/.tf,4-EX Deputy Cour Auditor Deputy County Treasurer t 0-34 REV.(7,1433 't �� i— t �� jet ; LI ZA 000649-9665 / 831000 G1107898, $500.00, R5 2725 Record of Survey Map Check Fee, Virgil Chavez Land Surveying, 312 Georgia Street, Suite 225, Vallejo, CA 94590 000649-9665 / 831000: G1107899, WOO.00, RS 2726 Record of Survey Map Check Fee, Jane Baker tang & Jeffrey R. Lang, 1047 Noel Drive, #2, Menlo Park, CA 94025 000649-9665 / 831000: G1107900, $500. 0, R5 2727 Record of Survey Map Check Fee, Kirk & Carolyn boberenz, 2061 pebble Drive, Alamo, CA 94507 000649-9665 / 831000: 61108954, $1,000.00, SUB 7632 Map Check Fee, Steve J. Furtado Construction & Development, PO Box 1767, Martinez, CA 94553 000649-•9665 / 831000: 61108955, Steve J. Furtado Construction & Development, PO Box 1767, Martinez, CA 94553 $ 7.284.00, SUB 7632 Improvement Plan Review $13,500.00, SUB 7632 Inspection Fee Deposit 819800-0800: 61108952, $2,317,00, SUB 7632 Cash Performance Bond, Steve J. Furtado Construction & Development, PO Box 11767, Martinez, CA 94553 Subdivision: 7632 Bond No.: R 2626.267 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 7632, 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: Arbor Springs Partners as principal and Gulf Insurance Company,a corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee: Two hundred twenty nine thousand three hundred eighty three and 00/100 Dollars($229,383.00)for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: One hundred fifteen thousand eight hundred fifty and 00/100 Dollars ($115,850.00)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 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 11-12-02 PRINCIPAL: Arbor Springs Partners LLC SURETY: Gulf Insurance Company Address: P. O. Box 1767 Address: 110 West A Street, Suite 1805 City: Martinez Zip: 94.553 City: San Diego Zip: 92101 Print Name: Steve J. Furtado Print Name: Jocelyn Y. 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Via°"`H � [ CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.6907 State of CALIFORNIA County of CONTRA COSTA On 11-12-02 before me, M.A.Atwaw,NotatyP61ic , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared JOCELYN Y. QUIRT NAMES)OF SIGNER(S) ® personally known to me-OR- ® proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. M. A. ATioATIER WITNESS my hand and official seal. on-To Casio Comfy An4sj1.t ? .�M Dec'£3,=4 SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [� INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLES) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT [� TRUSTEE(S) GUARDIAN/CONSERVATOR NUMBER OF PAGES (] OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) GULF INSURANCE COMPANY SIGNER(S) OTHER THAN NAMED ABOVE 54067/GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION"8236 Remrnet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CAT TFORNTA OPTIONAL SECTION County of .C]CM C ORTA CAPACITY CLAIMED BY SIGNER on 12-4_200 before me,A 7 BoaTff_ RTt7TARY X►iTBT.Tf' Though statute does not require the Notary to fill in DATE NAME, TLE OF OFFICERE.G.,"J OE,NOTARY PUBLIC' the data below,doing so may prove invaluable to personally appeared STM J.FURTADO persons relying on the document. xAME(s}of SIGNER(S) INDIVIDUAL personally known to me-OR- proved to me on the basis of satisfactory evidence to CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLE(S) subscribed to the within instrument and .T* ry acknowledged to me that he/she/they executed PARTNER(S) LIMITED q the same in his/her/their authorized GENERAL capacity(ies),and that by his/her/their ` ate' ATTORNEY-IN-FACTsignature(s)on the instrument the person(s)or TRUSTEE(S) dl EV. the entity upon behalf of which the person(s) GUARDIANICONSERVATOR JIM 24, acted,executed the instrument. OTHER: W ESS Wand and official seal, �� SIGNER IS REPRESENTING: °w-- ��: (NANM OF PERSON(S)OR ENTITY(IES)} SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided 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 exact y 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 t e authority to sign for and binde partnership. IV. SIGNATURES FOR CORPORATIONS Documents should a signed y two officers,one from each of the following two groups. GROUT' 1. (a)The Chair of the Board b The President c Any Vice-President GROUP 2. aThe 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." X:MW G:\GrpbaWXngSvc\Fo=9\WORD FORMS\ALL PURPOSE NOTARY.doc .. 11/1.8102 CHICAGO$27 7632 Tax Collector's Office 1111am J.Pollacak 625 Cot,:;Street Centra County Treasurer-Tax Collector Finance Building,Room 100 P.O.Box 631 ((""```` Joseph L.Martinez Martinez,California 34553- Costa Assistant Tax Collector 0063 (925)646-4122 y i��3untJoslyn Mitchell (925)646-4135 FAX "1 Tax Operations Supervisor Date: 11/1812002 IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2002, THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: Tract f MS# City T.R.A. 7632 PACHECO 79022 Parol#: 125-080-009-9 126-080-013-1 125-080-014-9 125.080-016-6 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 2002-2003 tax lien has been paid in full. Our estimate of the supplemental tax lien is $1,100.00 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, Treasurer-Tax Oollecto By: .� ', COUNTY OF CONTRA COSTA DEPOSIT PERMIT E Of COUNTY AUDITOR-CONTROLLER J TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB' TASK OPTION ACTIVITY AMOUNT ACCT. } r i € } # I # € } € F i € € a # € i € # } } } F € i EXPLANATION: TOTAL �s t DEPOSIT Depositconsists of tete following items l- COIN and CURRENCY S f �_ CHECKS,M.O.,ETC. $ } STEVEN J. FURTADBANK DEPOSITSEI CONSTRUCTION FOR AUDITOR-CONTROLLER USE ONLY P.O. BOX 1767 _ __ DEPOSIT PERMIT �� MARTINEZ CA. 94653 NUMBER DATE ASSIGNED The cnj,st of money described above is for Treasurer's-receipt of abo4"~mount is approved. Receipt of move amount is hereby deposit into the County Treasury. acknowledged. { Sigrid: Signed: - _ i I Signed: } Title: _ _ ry' _ EXT. Deputy County Auditor Deputy County T*easurer D-34 REV f7-93l Recorded at the request of: Contra Costa County Return to: Contra Costa County Public Works Dept Real Property Division 255 Glacier Drive Martinez, CA 94553 Attention: C. Sousa THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on december 17, 2002, by the following vote: AYES: SUPERVISORS UILKEMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: RESOLUTION NO. 20021763 {S. & H. Code § 8330 et. Seg.} SUBJECT: Adopt Resolution No. 2002/ 763 approving the vacation of a portion of Norris Canyon Road, San Ramon Area. Sub 7578 Project No. 0651-61-0072 The Board of Supervisors of Contra Costa County RESOLVES THAT: This summary vacation of an excess right of way of a street or highway is no longer required for street or highway purposes, is made pursuant to Division 9, Part 3, Chapter 4 of the Streets and Highways Code, commencing with Section 8330, et. seq. The portion area to be vacated is described in Exhibit "A" attached hereto, and is located in the San Ramon area. This vacation request is based on the fact that the street or highway has been superseded by relocation (S. & H. Code Section 8330). Contra Costa County completed the environmental review for Subdivision 7578 in 1987. This document covers the abandonment of the old Right of Way. This Board declares that the hereinabove described proposed vacation area is HEREBY ORDERED VACATED subject to any reservation and exception described in attached Exhibit "A". From and after the date this Resolution is recorded, the portion vacated no longer constitutes a public highway. The Real Property Division is ORDERED to record a certified copy of this Resolution in the office of the County Recorder. Cs:eh 1 hereby certify that this is a true and correct G:\GrpData\RealPropM02-FilesNBOs&RES\BoNorrisVac.doc copy of an action taken and entered on the Crit.Dept.: Public works contact: C.Sousa{313--222222 3} minutes of the Board of Supervisors on the cc: Maintenance(via R/P) date shown. Records(via RIP) "transportation Engineering(via R/P) ATTESTED: DECEMBER 17 , X002 Engineering Servicers—C.SeElgren(via R/P) Accounting(via R/P) JOHN SWEETEN,Clerk of the Board of Hoard Carders senior Clerk,Adm. Supervisors and County Administrator County Counsel Community Development—K.Piona Recorder(via R/P)\ By Deputy Toil Brothers RESOLUTION No. 2002/ 763 EXHIBIT "A" ALL THAT PORTION OF THE NORRIS _,CANYON ROAD CONTRA COSTA COUNTY, CALIFORNIA, ESTABLISHED AUGUST 8, 1865, RECORDED MAY 8, 1869 FILED IN BOOK 2 RB 110 IN THE CONTRA COSTA COUNTY RECORDER'S OFFICE,MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF SAID ROADWAY LYING WESTERLY OF THE BOUNDARY LINE BETWEEN THE UNINCORPORATED CONTRA COSTA COUNTY AND THE CITY OF SAN RAMON AS SAID BOUNDARY LINE NOW EXISTS, SAID BOUNDARY LINE ALSO BEING THE WESTERN BOUNDARY LINE OF RANCHO SAN RAMON, AND LYING NORTHERLY OF THE NORTHERN LINE OF PARCELS B AND C AS SAID PARCELS ARE SHOWN AND SO DESIGNATED ON THAT CERTAIN MAP ENTITLED "PARCEL MAP SUBDIVISION MS 108-86" RECORDED MAY 5, 1988, FILED IN BOOK 133 OF PARCEL MAPS AT PAGE 8; RESERVING THEREFROM: PURSUANT TO THE PROVISIONS OF SECTION 8340 OF THE STREETS AND HIGHWAYS CODE, THE EASEMENT AND RIGHT AT ANY TIME, OR FROM TIME TO TIME, TO CONSTRUCT, ENLARGE, MAINTAIN, OPERATE, REPLACE, REMOVE, AND RENEW THOSE EXISTING AND IN PLACE UTILITIES, AS OF THE DATE OF RECORDING THIS INSTRUMENT,,IN, UPON, OVER AND ACROSS ANY HIGHWAY OR PART THEREOF PROPOSED TO BE VACATED, INCLUDING ACCESS TO PROTECT THE PROPERTY FROM ALL HAZARDS IN, UPON, AND OVER THE AREA HEREINBEFORE DESCRIBED TO BE VACATED. NCRD ABANDONMENT–COUNTY EN c�`y 12116/02 RC/PE:pe N . 91 -� P. U:\Document 1'iles\88000.0—\88074.91 Norris Canyon Road-cfosed\Description\CCCoAbandomentNCRd.doc APPROXIMATE X00. RIGHT—OF- WAY LOCATION FOR NORRIS CANYON00 ROAD TO BE ABANDONED (BOOK 2 1311-110). o 0- tell APPROXIMATE RIGHT—OF—WAY LOCATION FOR NORRIS CANYON ROAD TO BE ABANDONED (BOOK 2 RB 110). 0 OF EXHIBIT 'B' w PLANNERS 1390 SOUTH MAIN STREET subject NORRIS CANYON ROAD ABANDONMENT CIVIL ENGINEERS SUI11ETE 310WALNU10 CREEK, CA. 94595 Job No. 85074.91 SURVEYORS (925) 476-2300 RJB`" �I� i �i DEC 200 {'hkd. Li�.�... ALIQUOT FAX (925) 476-2350 SHMT i DRAIMNG: Y. 88074 $8074.91 PLOTPLANS CCCABANDONNORRIS GATE: 12-16-2002 XREF: 1865 --I-