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MINUTES - 12162003 - 2003 RES 787
.. \fit � THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 16, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILREMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 787 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8536,being developed by Discovery Builders, Inc., Martinez area. (District II) The following documents were presented for Board approval this date: 1. Map The final map of Subdivision 8536, property located in the Martinez area, Supervisorial District U, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Discovery Builders, Inc., principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors Orfglnator:Public Works(ES) on the date shown. Contact: Chris Lau(313-2293) G:\GrpData\6ngSvc\BO\2003\12-16-031.SUB 8536 B0-21.doc CL:rm cc: Public Works--T.Bell,Construction DECEMBER 16 {�0 Current Planning,Cornrramity Developtnent ATTESTED: 3 —October Buil1 Builders,Inc.oos Discovery JOHN SWEETEN, Clerk of the Board of Supervisors and Dis Ijrl Schaefer County Administrator 4061 Port Chicago Hwy.,Suite H Concord,CA 94520 Travelers Casualty and Surety Company of Arnerica Carol Henry 350 California street,suite 2020 By ,Deputy San Francisco,CA 94104 i RESOLUTION NO.2003/ 7 8 7 I SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8536, being developed by Discovery Builders, Inc.,Martinez area. (District II) DATE: December 16, 2003 PAGE: 2 A. Cash Bond Performance amount: $15,900.00 Auditor's Deposit Permit No. 415547 Date: November 26, 2003 Submitted by: Discovery Builders, Inc. Tax ID Number: 68-0406953 B. Surety Bond Bond Company: Travelers Casualty and Surety Company of America Bond Number: 104208763 Date: November 18, 2003 Performance Amount: $1,571,300.00 Labor&Materials Amount: $793,600.00 Principal: Discovery Builders, Inc. III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2003-2004 tax lien has been paid in full and the supplemental tax lien is estimated to be$13,100.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Auditor's Deposit Permit: 415168 Date: November 20, 2003 Amount: $13,100.00 Principal: Discovery Builders, Inc. NOW,THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/787 s � 16 10 At rp(� 10 byl ro91 ` Ix t to ilia to Mpr �trfifi oG �?�r Wi d iiPPyjr p.�yF} �G p[ 4.ZLZ ty• Z O CS 0 1 S "ts h Y NAe ilk - 16 , �6 " 't itsd A tob Is Y Y � _ 3t �. � Y p i'g y y 16 16 lip Ai a. a r ppb ,�q�y t Iv S r. a f5 o a F 95 `a' ►. u. oz W ,-� �r`'a�,�t^�hC`..- `l n W W. m 7JS N •.r "�jw ��� r� � �r, .rw. 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'i co , M1 ��yy -�JJJ JJJJ JJ ��• Z•,d G) 4 i1 f�5 G 91.40` 25 39 118.79` NSi�32`22 � (3/ t``�N51`3222 118.79 233.58T "�'"• � /' �`�!-/ ----- --- -W- x4 - � �� °�. �''� .ik IiJrte' nH aLLJ :�+ Lr "Ir S l r d C^r Ci 4,yytr � y ° C v" t kA In a r` ca F , 00. . rrr� StAt .10 � ' Soso �t)s7 c7" }gzero wz kAO0 v INOAf to cry V rd) o J i '1 a' ~y 4x ✓ a �' � �4'f`�g� r �..1.s�['6 ���✓'� Q rpt h� �` c� J t9 �yy�357hs g<g Z f SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivision: Vinehill Meadows, Subdivision 8536 Principal- Discovery Builders, Inc. Effective Date: _ _ -�� . �C3 _'J �,r Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY PRIh1C PAL Maurice M.Shiu,Public Works Director By: ' (Siaaisure) (Prw'�"'°«�u>gl Albert D. Seeno President I ' $OVAL , By: 07-Engin ices Division (Prvnnam«sak) Albert D. Seeno, III., ecretary : Victor).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.) 1. PARTIES do DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"QjW and the above-mentioned 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 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). 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 mannei,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. IMPROVBMENT SEC[TRI1'Y. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. Ea Fg[fprman�d t r�ee: s '15,900.00 h,.plus additional security,in the amount:S 1,571,300.00 which together total one hundred percent(100°/a)of the estimated cost of the work. Such additional security is presented in the form of: X Cash,certified check or cashiers check. X 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 aunt: Security in the amount:S 7931600.00 which isfifty percent(50°J9)ofthe estimated cost ofthe work. Such security is presented in the form of: Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal, Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GU g AME 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 road improvements for private roads,which are not to be accepted'into the County road system. 5. PLANT ESTABLISHMEM 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 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. 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 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,shall 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. 8. 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 district,elective and appointive boards, commissions,officers,agents and employees. B. The lijbilities 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 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. Noir-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 inderrinification 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 inspections thereof and relocation of existing utilities required thereby. 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 agreement,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. Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event Countyproceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work, Principal agrees to pay all costs incurred by County,even if Principal subsequently completes the work. 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/ANNEXAT10N. 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 laid subdivision. RL•3D:lad t#A(hpDatalBng5vcTortrnlAU WORDtAG-30.doc Rev.October 25,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of CONTRA COSTA On November 24,2003,before me, PAMELA BLESSINGTON,NOTARY PUBLIC personally appeared ALBERT D. SEENO III. 0 personally known to me- OR- ❑proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. PAMELA Comm•l 1376439 WI S my hand and official al, NOTARY PUBLIC•CALIFORMA 'y Contra Costa County My Comm,Eapirea Sept.24,2048 `$ Signature of rotary Public i \,vtJl♦I 1 yr Lvi V 1 RM 0_V01A DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLE r r tO THE TREASURER. MARTINEZ,CALIFORNIA ,. 64 RECEIVED FROM to wizati-) ORGANIZATION NUMBER f742-L) (For Cash Collodion Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. ��T TASK OPTION ACTIVITY AMOUNT r i tfGl �CtCy�l`y^tG� C,}� X31 6yWws [Tigod 101 lko�.Injvrl LeA r 1 1✓ � .� � ' 0 0 Gol P7 t � 1 � t TEAN)Ik4T!© TOTAL $ i i�rTION: 2 .15` i�/t 22--J tom, DEPOSIT t. // //�+;t�_ 1,2 Deposit consists of the following items Q(J} /�.( COIN and CURRENCY $ CHECKS,AO,ETC. $ rI BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT ,614 1 166 I? q PERMIT DP NUMBER �Q t 13 DATE 5547 ASSIGNED The amount of money described 664 is for t� Treasuonyrgnt is approved Receipt of above a urrt�s hereby -.. deposit into the County Treasury acknowledged. /^ f Jnc Date.Il CCC///"`--������ ;y f / Signed: Signed. r �{ EXT t't 4 Deputy County Auditor uty County Treasurer D-34 REV.(7-43) � t t (� �� ti `� f, ' ��• �5r J�'�4 �c t C��o�-) G bb I C�I zt4- ` veva♦a a v, wvr�snly 4VJIPl i DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER -TO THE TREASURER: MARTINEZ,CALIFORNIA f. RECEIVED FROM ORGANIZATION NUMBER t +) LIA)( .k L (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG A� TASK TION ACTIVITY AMOUNT F- ? /I III It-fill I ILIJ If I i kt�LEI I Z 2 44,� 1 77 1�05 295,55 i i c � i 1 r i rIWO 11151 �S"1W7,792 /6 9 0 kEllbu Ogg 1 i IX q 1 a "40. EXPLANATION: TOTAL $ i DEPOSIT ' Deposi!consists of the following items COIN and CURRENCY $ CHECKS,M.0.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTRMLER USE ONLY DEPOSIT PERMIT NUMBER DATE 1rl � ASSIGNED The amount of money described above is for Treo Sit f nt ix Receipt of above amount is hereby deposit into the County Tnsasury acknowledged t 1 4Date I ` Signed: Signed. Tide, '' -A--A-IY,,V EXT:3-2.53ti(i Deputy County Auditor . ) Deputy.County Treasurer t?-34 RSV.(743) 4.L/LT#'##i Ur L.Vt`itilN LLJJ#M DEPOSIT PERMIT OFFICE OF COUNTY AUDITOWCONTROLLER T THE TREASURER: MARTINEZ,CALIFORNIA Ad O RECEIVED FROM ORGANIZATION NUMBER PAL L, {t�rganimwoni (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. �� TASK C►PTION ACTIVITY AMOUNT t C t - Ss 1P 1l f .3 7 .3q , . 1 V / �j i/ J t EXPLANATION: TOTAL $ DEPOSIT Deposit Cora_ sts of the.falbwirtg hams COIN and CURRENCY . $ CHECKS,Mm.ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP— NUMBER P NUMBER DATE J � � 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 Treasu ocknawledged. I . ( p '�>...� Date � i_ s . � Signed. Title ' ' ' EXt - `i` Deputy County Audittsr Deputy County Treasurer 7: t Cs D-34 REV.(7-4 ! i Vv vo SAS MMyEYstss-IVYVt^6 DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER. MARTINEZ,CALIFORNIAc , � { RECEIVED FROM ORGANIZATIONNUMBER VAU�i(` rJ ` (For Cash Collection Procedures sae County Administrator's Bulletin 105.) DESCRIPTION FUNDJC7RGACCt TASK CrPTICMd ACTIVITY AMOUNT � I j �� 1 i i t i i i i i 1 I i f i f 1 1 f SUIL P4 III ILI I I I t I i EXPLANATION. TOTAL $ E DEPOSIT Deposit consists of the folforwing items COIN and CURRENCY $ CHECKS,M.O.,ETC $. BANK DEPOSITS $ -- I'OR AUDITOR-CONTROLLER USE /ONLY DEPOSIT / PERMIT [)� / NUMBER DATE ASSIGNED The amount of money described above is for Tre "s mcel t b t d Receipt of above amount is hereby deposit into the County Tre 6G .-- acknowledged . �.. f6kJ4 Date/ t' ! iz ( EXT. �-` fid. Signed. �}(e; Deputy County Auditor Deputy County Treasurer D-34 REV.(7-43) i r 0649-9665 / 831000: G1122319, $38.750.00, Sub 8686, Civil Pian Check, Shapell Industries of No. Calif, 100 N. Milpitas Blvd, Milpitas, CA 95035 0649-9665 / 831000: 01122325, $3,050.00, RA 1114 Inspection Deposit, Shapell Industries of No. Calif, 100 N. Milpitas Blvd, Milpitas, CA 95035 0649-9665 / 831000: G1122328, $74,924.00, Sub 8536, Major Sub Inspection Deposit, Discovery Builders, Inc., 4061 Port Chicago Hwy, .Suite H, Concord, CA 94520 819800-0800. G1122328, $15,900.00, Sub 8536, Cash Performance Bond, Discovery Builders, Inc., 4061 Port Chicago Hwy, Suite H, Concord, CA 94520 819800-0800: G1122326, $10,000.00, Flood Control Permit 631-02 Cash Bond, Western Pacif is Housing, 1210 Central Blvd., Brentwood, CA 94513 i Subdivision: Vinehill Meadows,_ 8536 Bond No.: 104208763 Premium. $12,021.00 ImpR vEmxNT SECuRrrY BOND FOR S'C313DWISION AGREEMENT (Perfornxance, Guarantee and Payment) (California Government Cade§§ 66499- 66499.10) I. tcrrAr QF Sr_1)3DI'VISION AG- REK NTt The developer(principal)has executed a subdivision agreement with the Co t o tra Costa to install and pay for street, drainage and other improvements in Subdivision a. eh l C adc�wIs speed in the subdivision agreement and to complete said work within the time specified for complottion in the subdivision agreement, all in accordance with State,and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. Z. 9A IGATION: Discovery Builders, Inc. as prhicipaland Travelers Casualty and5uret Companyo America . a corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in Califarrnia, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California,to pay as follows: One Million Five Hundred Seventy One Thousand A. Performance and Guarantee; Three Hundred-------------------------------------- Dollars(S 1,5 71,300.00-------------- -1 for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: Seven Hundred Ninety Three Thousand Six Hundred-------------- Dollars ($ 793,600.00- - ---------- )to secure the:claims to which rcference is made in Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 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 keap and perform the covenants, conditions and previsions 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 :ra=nt and meaning and shall indemnify and save harmless the County of Contra Costa(or city ass?. ) its officers, agents and employees,as therein stipulated,then this obligation shall become n '1 nd void, otherwise it shall be and remain in full force and effect. Aspart of the obligation secured hereby and in addition to the face amount specified therefore,there shad be included reasonable costs, expenses and foes,including reasonable attorney's fees,incurred by the County of Cora Costa(or city assignee)in successfully enforcing such obligation, all to be taxed as casts and included in any judgement rend.erod. B. The condition of this obligation, as to Section (2.B.) above, is such that said principal and the undersigned, as corporate surety, arc 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 casts 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 rigout 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 mull 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 cart by the surrcty;and the surety hereby waives the provisions of California Civil Code Sactrion 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. SI[zN1rI) &M SSALM on November 18, 2003 Travelers Casualty and Surety PRYN'CIPAL: Discovery Builders, Inc. SUItETy: Company of America Address: 4061 fort Chicago Highway, Suite H Address: California Street, Suite 2020 City: Concord Zip. 94520 City: F n isc6 9 04 By: 13y: Print Name: Albert D. See o III PrintName: Carol B. H Title: President , °Title: Attomey-in-Fact � , 6'X JD=W!b* G:NGTpDwA\ftB$vct*m"N WOMBN-12doc Rev.NWOU ba 28.2000 I Travelers IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such lasses. Specifically, the Federal Government will pay Ota% of the amount of covered lasses caused by certain acts of terrorism which is in excess of Travelers' statutorily established deductible for that year. The Act also caps the amount of terrorism- related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please nate that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. Dated: November 18, 2403 t State of California County of San Francisco On November, 18, 20303 before me Raejean L. Zook,Notary Public personally appeared *****' **********'"** Carol B. Henry Z personally known to me -OR- 0 proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. *A6Xl1M L 2OOK Cwwraftn#1#1241'2 MirWy rubMC—laWv<NO l41CInD OOtNM1f 7 r 's1gr6hm ofNotuy TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laves of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Carol B. Henry, Bradley N. Wright, of San Francisco, California, their true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred to sign,execute and acknowledge,at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys)-in-Fact,pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President, the Treasurer,any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman,any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President,any Second Vice President, the Treasurer,any Assistant"Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed)under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such 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 in the future with respect to any bond or undertaking to which it is attached. 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ILf oij-39NN00 JO aL Vls EON gojutnt 3o Xep lsj Z sr p paxge olajaq aq of stuns alujodjoo lax puu ivaptsard aarA totuas.110x1 Xq pougcs oq of luatumnsttt stip posnuo anuq ANVd oa A.L'IVRSV3 NOZf)NII+V2I''V,I pug Amyc'[AIOD A1aHlis (INV A,L'IVl1SVD Sda'IaAVHI 'VDrHa iV 90 ANWNO3 TUaHaS QNV A L'IVRsvD 5'aa iaAv-d L '.3oyaaHM 4saNZIA1. NI CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of. CALIFORNIA County of- CONTRA COSTA On November 24,2003,before me, PAMELA BLESSINGTON,NOTARY PUBLIC personally appeared ALBERT D. SEENO 111. 1J personally known to me-OR- ®proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and that by his/her/their .�. - --- signature on the instrument the person,or the entity PAMELA BLESSINGTON upon behalf of which the person acted, executed the Comm.#1376438 ►� e NCtwv PUILlt•C&*ORNIA } instrument. Contra E Cmt r County My Ceau��txp#ts 5eptw. WI my hand and official al. r Signature o Pub lc I SECRETARY' S CERTIFICATION OF RESOLUTIONS ADOPTED BY.,. DISCOVERY BUILDERS, INC. , a California Corporation The undersigned, Secretary of Discovery Builders, Inc. , a California Corporation ( "Corporation") , does hereby certify that the following resolutions were adopted by the Board of Directors of the Corporation at a aspecial meeting called for that purpose on July 1, 2003 : RESOLVED, that Albert D. Seeno, III, as President, Chief Financial Officer and Secretary of the Corporation, is authorized to sign any and all documents and instruments on behalf of the Corporation pertaining to the business affairs and activities of the Corporation including, but not limited to, the acquisition, sale, entitlement processing, development or construction of real property acquired, sold or developed by the Corporation, RESOLVED FURTHER, that any and all documents and instruments signed by Albert D. Seeno, III shall be the legally binding acts and obligations of the Corporation. "There being no further business to come before the meeting, upon motion duly made, seconded and unanimously carried, the meeting was adjourned. Dated this 1st day of July, 2003 , at Concord, California. (Ccrp. Seal Affixed) Alb rt D. Seeno, III Secretary Tax Collector's OfficeWilliam J.Pollacak Contra County Treasurer-Tax Collector 625 Court Street Russell v watts Finance Building, Room 100CostaChief Deputy Treasurer-Tax Collector P.O.Box 631 County my Joslyn Mitchell Martinez, tinez, California 94553-1280 V (925)646-4122 Tax Operations Supervisor (925)646-4135 FAX T o Craig J.Loop Tax Systems Business Manager 3 Gate: November 14, 2003 IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2003, THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: Tract/ MS# City T.R.A. 6536 MARTINEZ 76006 Parcel #360-160-001-0 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 2003-2004 tax lien has been paid in full. Our estimate of the supplemental tax lien is: $13,100.00 This tract is not subject to a 1915 Act Bond. The amount calculated is void 45 days from the date of this letter. Sincerely, William J. Pollacek Treasurer-Tax Collector Cisj i Mitchell / T perations Supervisor i COUNTY OF CONTRA.COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM TAX COLLECTOR ORGANIZATION NUMBER 0015 (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTK)N FUND/ORG SUB. TASK TION ACTIVITY AMOUNT ACCT. SECURED COLLECTIONS 900 0801 $ 000 21923. 1'50 EEE CLERK OF THE BOARD 0002 9607 12. '100 TAX LETTER FEE 0015 9607 15. 100 TAX GUARANTEE 810900 0800 131100. ;00 I I 1 1 # I 1 # f # # # R # # i # I # 1 1 1 t # EXI'LANATKDNa TOTAL $ 1 TAX, GUARANTEE PARCEL #380-160-001-0 DEPOSIT Deposit consists of the following items TRACT #8536 DISCOVERY BUILDERS INC COIN and CURRENCY $ -- CHICAGO M CHECKS,MO:.ETC. s 16,05Q.50 CONCORD CA 94520 BANK DEPOSITS $ --- ---FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT NUMBER L{ `E�" WUT DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby" int u T ury. acknowledged. Signed: Dateh S Si _ t ' t.® : Title ,S JjjW4) EXT. Deputy County Auditor Deputy County Treasurer D-34 REV.(7-43)