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MINUTES - 12162003 - C6-C11
6. 6 CONTRA COSTA Cc Recorder Office STEPHEN L, WEIR, Clerk-Recoorder Recorded at the request of: DOC— 200 —0606043-00 Contra Costa County Wedmaday,, DEC 17, 2003 08:58:46 Board of Supervisors FRE $0.00 Rubric Ttl Pd $0,00 Nbr-0001907359 Public Works Department Engineering Services Division 1 r C/R9/1—2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on December 16, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 20(}31 782 SUBJECT: Accepting completion of improvements South Dougherty Road(Interim),RA 1118 (cross-reference Subdivision 7976), San Ramon(Dougherty Valley) area. (District III) The Public Works Director has notified this Board that the improvements for South Dougherty Road in RA 1118 have been completed as provided in the Road Improvement Agreement with Windemere BLC Land Company, L.L.C., heretofore approved by this Board. NOW THEREFORE BE IT RESOLVED that the aforementioned improvements are ACCEPTED as COMPLETE. LT.rm G:\GrpData\EngSvc\130\2003\12-16-03\RA I I1&BO-45.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Teri Ric(313-2363) action taken and entered on the minutes of the Board of Recording to be completed by COB cc: Public Works Tac I.D.94-329-15-16,Accounting Supervisors on the date shown. T.Bell,Construction Div. M.Valdez,M&T Lab H.Finch,Maintenance Div. ATTESTED: DECEMBER 16,, 2003 1.Bergeron,Mapping Div. JOHN SWEETEN, Clerk of the Board of Supervisors and Sheriff-Patrol Div.Commander CHP,c/o AI County Administrator CSAA—Cartog Windemere BLC Land Company,LLC Brian Olin 3130 Crow Canyon Place,#310 San Ramon,CA 94583 By A , Deputy The American Insurance Company .01 Jeri Sumner 5 Peters Canyon Irvine,CA 92606 RESOLUTION NO.20037 82 ............... ............................................................................................................................................................................. ................... .I H. The condition of this obligation, as to Section (2.B.) above, is such that said principal and the undersigned, as corporate surety, are hold 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 Insufznce Act with respect to such work or labor and that said surety will pay the sarne 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 claim under Title,15(commencing with Section 3082)ofPart 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 fall 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 fluther notice to or consent by the surety;and the surety hereby waives the provisions ofCalifornia Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. Sigmrp AND SFALEn on November 18, 2003 Travelers Casualty and Surety PRINCIPAL: Discovery Builders, Inc. SURETY: Company of America Address: 4061 Port Chicago Highway, Suite H Address: 1,5Q California Street, Suite 2020 City: ConcordZip: ..94520 City: Sz FianZST T J04 By: BY: Print Name: Albert D. See/O III PrintName: /Carol B. HW;r// Title: President Title: Attorney-in-Fact Mniwdap G.NGrpD&1&\EnjSvLAF*nnkSN WOMBN-17-dot Rev.November 28.2000 .........——-------- ............. ........................ -—-—----------- �!l Irvel r IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush sinned into 'law the Terrorism Risk Insurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Goverment will share in the payment of covered fosses 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 losses. Specifically, the Federal Government will pay 90% of the amount of covered losses 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 lasses 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 note 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 allocableto such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. Dated: November 18, 2003 State of California County of San Francisco on November, 18, 2003 before me Raejean L. Zook,Notary Public personally appeared ********'"********** Carol B. Henry ********************** 19 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. RMJEM L.uaac C*"ff*Vn 0)AI 3nrarCa °tom l i7 f Si re of Notary f 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 ATTORNEY(S)-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 laws 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 Attomey(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 Attorneys-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. (I1-(Io Standard) PU08 `A.lL'jejoas }UBISESSb+ uosueyop 'W !xo)4 � u 'moa m ' w a wm. 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CONTRA COSTA On November 24, 2403,before me, PAMELA BLESSINGTON, NOTARY PUBLIC personally appeared ALBERT D. SEENO III. i 3 ® 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 sante in his/her/their authorized capacity, and that by his/her/their • --� signature on the instrument the person,or the entity PAMELA #137 439 upon behalf of which the person acted, executed the ;;,,rim.i 137439 /tpn �] NiiYAFt°PU&Ut.CA1lf0M1A t instrument. cwfa Coats Candty My UpOes Wt 24,20(6 k WIT my hand and official all. Signature o y Pub is f 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 special 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. (Corp. Seal Affixed) Alb rt D. Seeno, III Secretary Tax Collector's OfficeCr�rltr� William J.Pollacek County Treasurer-Tax Collector 625 Court Street } Russell V.Watts Finance Building, Room 100 Costa Chief Deputy Treasurer-Tax Collector Mar ine 631 Cou Y�ft�/ Joslyn Mitchell Martinez, California 94553-1280 Coun 1 y (925) 646-4122 Tax Operations Supervisor (925) 646-4135 FAX .� = a,; Craig J.Loop Tax Systems Business Manager Date: 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. 8536 MARTINEZ 76006 Parcel #380-160-001-0 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 3> .. `JosJ0 Mitchell Ta ',operations Supervisor COUNTY Of CONTRA COSTA NPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER. MARTINEZ,CALIFORNIA RECEIVED FROM TAX ODLLECMR ORGANIZATION NUMBER { 015 (Fnr Cash Caffection Procedures see County Administrator's B,&tin In) DESCRIPTION FUI jORG ACICT TASK OPTION ACTIVITY AMOUNT SECURED COLLECTIONS900000 {}801 $ f 2,923. 1150 FEE CLERK OF ` BOARD 0002 9607 12. 100 TAX LEVER FEE 0015 9607 ' 15. 1100 TAX GUARANTEE 810900 0800 13,100. ,00 I ! ! t f t i ! t t t f t i f t f t t I t EXPLANATION: t TAX GJARAN`.C"EE PARCEL #380-160-001-0 TOTAL � DEPOSIT 6 TRACT #8536 DISCOVERY B€JILDERS INC Depot costs of the fffo irg items PORT CHICAC � COIN and CURRENCY $ CONCORD CA 94520 CHECKS.Mtn„ETC. BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT NUMBER � ' -- DATE ASStGNED ...... The amount of money described above is for Treasurer's receipt of shove amount is approved. Receipt of above amount is hereby dep m ou T ury, ackr�owfedged. Tt le- S�S / Dote > �g ; � �G L..- fid. Title- e)a EXT Deputy County Auditor Deputy County Treasurer D-34 REV.(7-93) SUBJECT: Accepting completion of improvements South Dougherty Road(Interim),RA 1118 (cross-reference Subdivision 7976), San Ramon(Dougherty Valley) area. (District DATE: December 16, 2003 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of December 16,2003 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY June 26, 2001 The American Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials) surety for$225,000.00, Bond No. 111 3358 2590 issued by the above surety be RETAINED for the six month lien guarantee period until June 16, 2004, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the improvements have been COMPLETED and are NOT ACCEPTED NOR DECLARED to be County roads, at this time. Windernere BLC will maintain these improvements. BE IT FURTHER RESOLVED that there is no warranty period required, and the Public Works Director is AUTHORIZED to refund the$4,500.00 cash security for performance(Auditor's Deposit Permit No.369921,dated June 15,2001)plus interest in accordance with Government Code Section 53079, if appropriate, to Windemere BLC Land Company, L.L.C. pursuant to the requirements of the Ordinance Code. BE IT FURTHER RESOLVED that there is no warranty period required and the surety (performance)bond,bond number 1113358 2590,and subdivision agreement are EXONERATED. RESOLUTION NO. z003/782 07 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 16, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 20013/ 783 SUBJECT: Accept Completion of Warranty and Maintenance Period and Release of Cash Deposit for Faithful Performance,Right-of-Way Landscaping for Subdivision 8105, San Ramon (Dougherty Valley) area. (District III) On February 11,2003,this Board resolved that the Right-of-Way Landscaping improvements in Subdivision 8105 were completed as provided in the Subdivision Agreement with Shapell Industries of Northern California and now on the recommendation of the Public Works Director; The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for the period following completion and acceptance.NOW THEREFORE BE IT RESOLVED that the Public Works Director is AUTHORIZED to refund the $1,000.00 cash deposit (Auditor's Deposit Permit No. 337456, dated September 7, 1999)plus interest to Shapell Industries of Northern California in accordance with Government Code Section 53079 (if appropriate) and Ordinance Code Section 94-4.406 (and the subdivision agreement). NOW THEREFORE BE IT RESOLVED that the warranty and maintenance period has been completed and the Right'-of-Way Landscaping Agreement for Subdivision 8105 and surety bond no. 929097484 are exonerated. Upon acceptance by the Board of Supervisors,the City of San Ramon shall accept the public improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. I hereby certify that this is a true and correct copy of an JG:rm action taken and entered on the minutes of the Board of G:\GrpData\E,ngSvc\BO\2003\12-I6-03\SUB 8105 BO-60.doc Supervisors on the date Shown. Originator: Public Works(ES) Contact: Teri Ric(313-2363) cc: Public Works - Accounting,Tax I.D.95-2578030 DECEMBER 16, 2003 J.Gray,Engineering Services ATTESTED: Current Planning,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors Shapell Industries of Northern California S.Savage,S.Worden&J.Gold and County Administrator 100 N.Milpitas Blvd.,P.O.Box 361169 Milpitas,CA 95035 American Casualty Co of Reading,PA 5820 Canoga Ave.,Suite 200 By ,Deputy Woodland Hills,CA 91367 City of San Ramon,Chris Low 5000 Crow Canyon Road San Ramon,CA 94583 RESOLUTION NO.2003/ 7 8 3 Illi Ill III I 1#111 IIl III111111LI1111111111111111111 CONTRA COSTA Co Recorder Office STERNEN L, WEIR -R0rde Recorded at the request of: COC— 2.W -k60,�44-, Contra Costa County Wednesday, DEC 17, 2003 08:38:56 Board of Supervisors FRE $0.00 Return to: Tt l Rd $0.00 Nbr-1001907365 Public Works Department 1 r c/R9/1—2 Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 16,2043,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 7 8 4 07 SUBJECT: Accepting completion of private improvements for Subdivision 8158, San Ramon (Dougherty Valley) area. (District III) The Public Works Director has notified this Board that the improvements in Subdivision 8158(McLaren Lane,Moorilla Lane,Milford Drive,Moet Lane,Millenium Lane,Jasper Hill Drive) have been completed as provided in the Subdivision Agreement with Windemere BLC Land Company, L.L.C., heretofore approved by this Board in conjunction with the filing of the Subdivision Map. LT:rm G:\GrpData\EngSvc\B0122003\12-16-03\SUB 8158 BO-45.doc Originator: Public Works(ES) Contact: Teri Rie(313-2363) Recording to be completed by COB W. Public Works -Tax LD 94-329-15-16,Accounting -T.Bell,Construction Div. -M.Valdez,M&T Lab -H.Finch,Maintenance Div. I hereby certify that this is a true and correct copy of an -1.Bergeron,Mapping Div. -J.Gray,Engineering Services action taken and entered on the minutes of the Board of Sheriff-Patrol Div.Commander Supervisors on the date Shown. CHP,c/o Al CSAR—Cartog Windemere BIC Land Company,LLC ATTESTED: DECEMBER. I6`, 2003 Brian Olin 3134 Crow Canyon Place,#310 JOHN SWEETEN, Clerk of the Board of Supervisors and San Ramon,CA 94583 County Administrator The American Insurance Company Patricia Brebner 5 Peters Canyon Irvine,CA 92606 City of San Ramon,Chris Low By ® � > Deputy 5000 Crow Canyon Road San Ramon,CA 94583 RESOLUTION NO.20031 7 8 4 tom.x SUBJECT. Accepting completion of private improvements for Subdivision 8158, San Ramon (Dougherty Valley) area. (District III} DATE. December 16, 2003 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of December 16,2003 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT DAME OF BANK/SURETY February 12,2002 The American Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials) surety for$381,600.00, Bond No. 111 3359 9214 issued by the above surety be RETAINED for the six month lien guarantee period until June 16, 2004, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the improvements have been COMPLETED and are NOT ACCEPTED NOR DECLARED to be County roads,at this time. The improvements will be maintained by the Homeowners Association. BE IT FURTHER RESOLVED that there is no warranty period required, and the Public Works Director is AUTHORIZED to refund the$7,600.00 cash security for performance(Auditor's Deposit Permit No.378574,dated December 11,200 1)plus interest in accordance with Government Code Section 53079, if appropriate, to Windemere BLC Land Company, L.L.C. pursuant to the requirements of the Ordinance Code. BE IT FURTHER RESOLVED that there is no warranty period required and the surety (performance)bond,bond number 1113359 9214,and subdivision agreement are EXONERATED. RESOLUTION NO. 20031784 Recorded at the request of, Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 16, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER ANIS DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTI N NO.20031 78 SUBJECT: Acceptance of Offer ofDedication for Landscape Easement,for Subdivision 8189,being developed.by Shapell Industries, Inc., 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 DIS'T'RICT Offer of Dedication for Subdivision 8189 Shapell Industries,Inc., San Ramon III Landscape Easement APN: 2.22-184-024 a Delaware Corp. (Dougherty Valley) SG:rm I hereby certify that this is a true and correct copy of an G:\GrpData\EngSv0B012003112-16-03\SUB 8189 DO-30.doc action taken and entered on the minutes of the Board of Originator: Public Wotks(ES) Contacts Teri Rie(313-2348) Supervisors on the date shown. Reeordhig to be completed by COB cc: Current Planning,Coranm city Development Department Shapell Industries,Inc. Sam Wotden,Jim Gold&Steve Savage DECEMBER 16 2 P.o,Boat 361169 ATTESTED: 003 1001`x.Milpitas Blvd. Milpitas,CA 95035 JOHN SWEETEN, +Clerk of the Board of Supervisors and County Administrator By , Deputy RESOLUTION NO.2003/ 785 Recorded at the request of: IN III III I 1111111111111111111111111 IN 1111111 I1 Contra Costa County CONTRA COSTA Co Recorder Office Public to:Dr n�art�nen` Return tSTEPHEN L, WEIR Clerk-Recorder Public Works DepartDCC 200 -061573$ 00 ment Records Sectio Wednesday, DEC 24, 2003 09:43:33 Area: San Ramon(Dougherty Valley) FRE $0.00 Road:N. Gale Ridge Road Tt 1 Pd $0,00 Nbr-000191$393 Co. Road No.: NIA 1 r c d RS/1-4 Development: Subdivision 8189 AP'N: 222-180-024 OFFER OF DEDICATION-_LANDSCAPE EASEMENT I,Shapell Industries Inc., a Delaware Corp.,the undersigned,being the present title owner of record of the herein described parcel of land,do hereby make an irrevocable offer of dedication to the public and to CONTRA COSTA COUNTY and its successors or assigns, an easement for landscape purposes,including installation and maintenance of landscape improvements,over the real property situated in the County of Contra Costa, State of California, described as Lot 24 as shown on "Subdivision 8189,Falcon Bridge at Gale Ranch"as filed on the 34th day of August, 1999 in Book 414 of Maps at Pages 14-33 inclusive,Contra Costa County Records and as adjusted per the lot line adjustments recorded onDECEMBER 15, 2003: RECORDER'S SERIAL NO. 2443-601997. 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 body of its successors or assigns. In the event CONTRA COSTA COUNTY, or its successors and assigns, on behalf of the public, should determine that the use of said property or any portion thereof is no longer needed, the rights herein given shall terminate as to those portions not needed and revert to the undersigned owner or its successors or assigns. The provisions hereof shall inure to the benefit of and be binding upon heirs,successors,assigns,and personal representatives of the respective parties hereto. / The undersigned have executed this instrument on 13 (Date). (signature) 13 (Print Na ne&Tit)e) „C• i v i'� t �. �`�� "' " (signature) By: / (Prurs Name&Tale) �"-/•' L._-� �l 1 (see attached notary) :mw G:\GrpData\Eng5vc\Forms\0F WORMOF-4.doc Rev.December 2,2003 " 44� C tz sv u7ry m � ti F a I to oars I csa CQ E m �� w g cd'v �Ut1 v tZ � ter, �'• � -t ti6� \ per lip qy�� "4070, Zt 7j, It L" ir N v C CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of On * - _ before me l t if I .. pat Noma and rafe of Officer(e.g.."lar* ,Notary PubBa°} personally appeared Names)ofVWj8T yersonally known to me Ci proved to me on the basis of satisfactory evidence DENISE L CRISTtANtO to be the person(s) whose name(s) is/are Commission#1296216 subscribed to the within instrument and Notary Public-California i acknowledged to me that he/she/they executed Contra Costa County�� _� the same in his/her/their authorized my Comm.l�ireSMa�r�,2�05r capacity(ies), and that by his/her/their '° "p�'�"++�# signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITH S my hand and offici l I. Signature of Notary Put Mo OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying an the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ti?' Document Date: rZ Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name; MWAMMAM G Individual Top of thumb here 0 Corporate Officer—Title(s): Cl Partner—0 Limited M General 0 Attorney-in-Pact © Trustee ® Guardian or Conservator 0 Other: Signer Is Representing: — _ 0 IM National Notary Assoolefi +-9356 Do Soto Ave.,P.©,Box 2402•Chatsww0h.GA 813133402•www.nallonainotW.org Prod.No.$807 Reorder..gall Toll-Free 1-80 476.6827 TRE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on December 16, 2003 b • p ythe following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 786 SUBJECT: Accept Completion of Warranty and Maintenance Period and Release of Cash Deposit for Faithful Performance, Right-of-Way Landscaping for Subdivision 8189, San Ramon (Dougherty Valley) area. (District III.) On February 11,2003, this Board resolved that the Right-of-Way Landscaping improvements in Subdivision 8189 were completed as provided in the Subdivision Agreement with Shapell Industries of Northern:California and now on the recommendation of the Public Works Director; The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for the period following completion and acceptance. NOW THEREFORE BE IT RESOLVED that the Public Works Director is AUTHORIZED to refund the $2,819.00 cash deposit' (Auditor's Deposit Permit No.335763,dated July 30, 1999)plus interest to Shapell Industries of Northern California in accordance with Government Code Section 53079 (if appropriate) and Ordinance Code> Section 94-4.406 (and the subdivision agreement). NOW THEREFORE BE IT RESOLVED that the warranty and maintenance period has been completed and the Right-of-Way Landscaping Agreement for Subdivision 8189 and surety bond no. 1.907233714 are exonerated. Upon acceptance by the Board of Supervisors, the city of San Ramon shall accept the public improvements for maintenance in accordance with the Dougherty Valley. JG:rm G:\CrrpDaia\EngSvc\BO\2003\12-16-03\SUB 8189 BO-60.doc I hereby certify that this is a true and correct copy of an originator: Public Warks(ES) action taken and entered on the minutes of the Board of Contact: Teri Ric(313-2363) Supervisors on the date shown. cc: Public Works Accounting,Tax I.D.95-2578030 -- J.Gray,Engineering Services Current Planting,Community Development Shapell Industries of Northern California ATTESTED: DECEMBER 16 2003 Steve Savage,Jim Gold,S.Worden 10011.Milpitas Blvd.,P.O.Box 361169 JOHN SWEETEN, Clerk of the Board of Supervisors Milpitas,CA 95035 and County.Administrator American Casualty Co of Reading,PA Pamela Stocks 5820 Canoga Ave.,Suite 200 Woodland Hills,CA 91367 r Chris Low,City of San Ramon By f , Deputy 5000 Crow Canyon Road San Ramon,CA 94583 RESOLUTION NO.2003/. 786 Y CALIFORNIA THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, Adopted this Resolution on December 16,2003,by the fallowing vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 20031 787 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8536,being developed by Discovery Builders, Inc.,Martinez area. (District11) 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 11, said map having been certified by the proper officials. 11. 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 Beard of Supervisors Originator:Public Forks(ES) on the date shown. Contact: Chris Lau(313-2293) Cr:\GrpData\EngSvc\13(3\2003\12-16-03\.13UB 8536 BO-21.doc CL.nu M. Public'Works—T.BelLConsmwdon DECEMBER �� ���� Current Planning,Community Development ATTESTED: , T-October 16,2004 JOHN SWEETEN,Cleric of the Board of Supervisors and Discovery Builders,Inc. Karl Schaefer County Administrator 4061 Port Chicago Hwy.,suite H Concord,CA 94520 Travelers Casualty and surety Company of America Carol Henry 350 Calffomia Sfteet,suite 2020 By ,Deputy San Francisco,CA 94104 RESOLUTION NO.2043/ 7 8 7 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. 41.5547 Date: November 26, 2003 Submitted by: Discovery Builders, Inc. Tax ID Number: 68-0406953 B. Surety Bond Band 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: $13,100.00 Principal: Discovery Builders,Inc. NOW, THEREFORE,THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. 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"' ry U7C� iN50'37'_02"E(a) � t t 1 :&gy chi o y- � j.SS.{8A� C-3 le +.,, N J Li � �Iv 190 at S' ?� �`) -� \ qy � � t$�f •--.t ���j���C� Off, ' .4���Q U M $ t \ i r•, cs 2 � tai R} u; i ��G� cc, O A \ n. \ d�yp2��9ry co ,r 04 SUBDIVISION AGREEMENT (Government Code 166462 and§66463) Subdivision: Vinehill Meadows, Subdivision 8536 Principal: Discovery Builders, Inc. r.., Effective Date: , !� % i, Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA CQSTA CQj,IYT ��IN__.CIPAL Maurice M.Shiu,Public Works Director By €'�' MC viE' VAL (Piing M"&1"'`' Albert D. S eno, , President By: �. tst�,at�l ! Enginices Division (Prietrow&titk) Albert D. Seeno, Ill., ecretary Q AP RO7Dr: 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§323.) 1. PAr?T_IIMS&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Co 'and the above-mentioned $rincittal,mutually promise and agree as follows concerning this subdivision: 2. 1MPROVEMEI`1'TS. 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 J§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 SECtrI? TY. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. For er,formance and Guarantee- $ 15,900.00 cash,plus additional security,in the amount:$ 1,571,300.00 which together total one hundred percent(100%)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. 1{orPavrnent: Security in the amount:5 793,600.00which is fifty percent(50°/n)ofthe estimated cost ofthe work. Such security is presented in the form of: Cash,certified check,or cashier's check X_ Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,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 maybe 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 road improvements for private roads,which are not to be acceptedinto the County road system. 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 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 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 ofwhether 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 specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: 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 propertyby 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/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. RL:7D:lad G:%GrpData18ng5vc\Fomts1AG WORMAG-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 IIL i 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 BLESSiNGTON Comm.#1376439 WI S my hand and official 'al. NOTARY PUBLIC-CALIFORNIA V1 J Contra Costa County 5,.. w..Comm, +w+•Expires Sept28,20x8. Signature of Notary Public t. 4.i Ur4 E T V1 4_U14I KA IWWA DEPOSIT PERMIT .. OFFICE OF COUNTY AUDITOR-CONTROLI i'O THE TREASURER. MARTINEZ,CALIFORNIA RECEIVED FROM _ ORGANIZATION NUMBER `r<- (For Cosh Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. Sulk ACCT. TASK OPTION ACTIVITY AMOUNT if I elkI � l r l i po t qq r 9LQ T E PLAN TIl7t : 1' f!� - f TOTAL PtA?StT $ r (. .?2_1W9 q;L Deposit consists of the following items COIN and CURRENCY $ W16 51 CHECKS,M.4,ETC. BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT f 'DP_ NUMBER 41 547 Noy 2c'13 DATE I( ASSIGNED The amount of money described above is for Treasurer'g a eipf of ab a t is approved. Receipt of above amours's hereby deposit into the Coun)y Treasury. acknowledged. r Sign t. ., f Date (/ Signed: Signed: Tit a EXT. t"f Deputy County Auditor uty County Treasurer D-aa REV.(7-93) ' � C� ��(�t<� C b r,>, 1 vvuv1 r yr Vvrrr&A,t.Uo[A t DEPOSIT PERMIT OFFICE CSP COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA 'TO THE TREASURER: ' RECEIVED FROM ORGANIZATION NUMBER ] .1 {o�cmimtlon) (Por Cash Collection Procedures see County Administrator's Bulletin 105.)' DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT ACCT. rtri,if C t fut L i wae p �r t qq hko, �'Wf 013 , 001-MI000&l I II xln S 99"b &j . 27s q l E X 420/ 150 bo E EXPLANATION: TOTAL $ t DEPOSIT t Deposit consists of the folbwing items COIN and CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ POR AUDITOR-CONTROLLER USE ONLY DEPOSIT / + PERMIT D1' NUMBER DATE ASSIGNED The amount of money described above is for Trees cei # f ve Dunt is d. Receipt of above amount is hereby deposit into the County Treasury. acknowledged. r Signed: Signed: Title. ``j EXT. '' ti'..i i Deputy County Auditor ') Deputy.County Treasurer b-34PEV.;7•Qsl J _ WUNtY€3t'iL.LiNIKA A_V*to OFFICE OF COUNTY AUDITOR-CONTROLLER j TO THE TREASURER- MARTINEZ,CALIFORNIA l RECEIVED FROM ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG SUB. TASK OPTION ACTIVITY AMOUNT t 1 !t r�r `t i �y qq zp t s i 232 t ,2 t3 S 9 r Vol EXPLANATION: TOTAL $ i DEPOSIT Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT � t PERMIT j'jp NUMBER DATE A SSK3NED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby kdeposit into the County Tteasu acknowledged: Signe a <� eali Date ! f 9 A {t ; . EXT. Signed' Title' 2 o Deputy County Auditor Deputy County Treasurer U-34 REV.(7-9 J t } L iC>t~7 ti.+'Vi.ff`1f r Vf 'LVi♦fAr1 L.Vsi#/1 DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED PROM ORGANIZATION NUMBER r (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG SUB' TASK OPTION ACTIVITY AMOUNT j} /t ACCT j y $ E L-A- Lj"' ' 0 tJ C 'k1/111 1 f # # E i i i k i # E # i i 1 # t EXPLANATION: TOTAL $ # DEPOSIT # Deposit consists of the following items COIN and CURRENCY $ CHECKS M.O.,ETC.. $ BANK DEPOSITS $ FOR AUNTOR-CONTROLLER USE ONLY DEPOSIT , "Y PERMIT DPI 17 NUMBER _ DATE ASSIGNED 1 The amount of money described above is for Tre Is licei t c# t a roved. Receipt of above amount is hereby deposit into the County Treq ur Ls .y- acknowledged. Sig .. Date Title: / : Signed:ned: Deputy County Auditor Deputy County Treasurer D-34 REW(7-43) 0649-9665 / 831000. G1122319, $38.750.00, Sub 8686, Civil Phan Check, Shapell Industries of No. Calif, 100 N. Milpitas Blvd, Milpitas, CA 95035 0649-9665 / 831000• G1122325, $3,050.00, RA 1114 Inspection Deposit, Shaped Industries of No. Calif, 100 N. Milpitas Blvd, Milpitas, CA 95035 0649-9665 1 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.- 61122328, $154900.it30, Sub 8536, Cash Performance Bond, Discovery Builders, Inc,, 4061 Port Chicago 'Hwy, Suite H, Concord, CA 94520, 819800-0800. 61122326, $10,000,44, Flood Control Permit 631-02 Cash Bond, Western Pacific Housing, 1210 Central Blvd., Brentwood, CA 94513 11 _.... _.__.. ......... .. ...._.. ..__.. ... ........ .-_.. ... ...... ... ... ........ ......... .......... ......... ...._._..... .......__._..._. . .. _........ ......... ......._. .. ....... .......... Subdivision: Vinehill Meadows. 8536 Boud No. 104208763 Premium: $12,021.00 LWFP.OVDZNT SECURITY BOND FOR SUIBDPaSION AGREEMENT (Performance,Guarantee and Payment) (California(3overnment Code §§ 66499 -66499.10) 1. GzxAL or, S .#I3bTVISION AMF, ENT: The developer(principal)has executed a subdivision agreement with the Co v ' Cho tra Costa to install and pay for street, drainage and other improvements in eh 1 ea Subdivision specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement, all in amordance with State and local laws and rubs thereunder in order to satisfy conditions for flung of a final map or parcel map for said subdivision. 2. OBLIGATION: Discovery Builders, Inc. as principal and Travelers Casualty and Surety Company of America a corporation organized and existing g under the laws of the State of Connecticut and authorized to transact surety business in Calil'omia, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, Cali£oraia to pay as follows: One Million Five Hundred Severity one Thousand A. Performance and Guarantee., Three Hundred---------____----_-------------------- lollars($ 14571,300.00-------------- for Contra Costa.County or any city assignee under the above County Subdivision Agreement. $. PayMent: Seven Hundred Ninety Three Thousand Six Hundred-------------- Dollars ($ 793,600.00---- __--___..__ .. to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Fart 4 of Division 1'II of the Civil Code of the State of California. 3. CoNnlrtorr, 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 alteratiou 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 ^teat and meaning and shall indemnify and sage harmless the County of Contra Costa. (ox city ass 5.giee) its officers, agents and employees,as therein stipulated,then this obligation shall become nus"I �vd 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 iherefcre,',thzere sha►.l 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, alI'tn be taxed as costs and included in any judgement rendered.