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HomeMy WebLinkAboutMINUTES - 12092003 - 2003 RES 763 J THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 9,2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2003/ 763 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8715,being developed by Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. {District 1111} The following documents were presented for Board approval this date: I. Map The Final map of Subdivision 8715,property located in the San Ramon(Dougherty Valley)area, Supervisorial District III, said map having been certified by the proper officials. H. Subdivision Agreement A subdivision agreement with Windemere BLC Land Company, LLC, 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 Originator:Public works( ) on the date shown. Contact: fieri Ric(313-2363) Recording to be completed by COB TE.Igrp G:tGrnata�Engsvc%0\2003\12-09-03WM 8715 a0-21.docc ATTESTED: DECEMBER 09, 2003 cc: Public Works-T.sen,Construction JOHN SWEETEN,Clerk of the Board of Supervisors and Current Planning,Community Development T-July 2004 County Administrator Windemere BLC Land Company,LLC.Atte:Brian Olin 3130 Crow Canton PI#310 Ban Raman,CA 94583 Safeco Insurance Company of America Attu:Patricia H.Brebaer By ,Deputy 334 North Brand Blvd,Suite I000 i Glendale,CA 91203 RESOLUTION NO.2003/ 763 SUBJECT: Approve the Final Map and Subdivision Agreement far Subdivision 8715 beim developed by Windemere BLC Land Company, L.LC., San Ramon(Dougherty Valley) area(District IID DATE: December 9, 2003 PAGE: 2 A. Cash Bond Performance amount: $16,400.00 Auditor's Deposit Permit No. 408869 Date: July 17, 2003 Submitted by: Windemere BLC,LLC Tax ID Number: 94-329-15-16 B. Surety Bond Bond Company: Safeco Insurance Company of America Bond Number: 6205580 Date: July 7,2003 Performance Amount: $1,622,600.00 Labor&Materials Amount: $819,500.00 Principal: Windemere BLC Land Company,LLC III. Tax Letter Letter from the County Tax Collector statim that there are no unpaid County taxes heretofore levied on the property included in said map. The 2003-2004 tax lien has been paid in full. The supplemental tax lien is estimated to be$0.00. 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. �.... 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Effective Date: l d Completion Period. i year V11NDEMERt BLC LANs)COMPANY LLC, THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: A California limited liability Company Bye LEN-OBS Windernere,LLC, CONTRA COSTA COtdNIY p 7 IpAL A Dbiaware limited liability company Maurice M.Shia,Public Works Director Matm-ging MemberBY:Unna,Borne:,of California,inc., Managing Member By: C°� t (signature)RECOMMENDED FO ROYAL _ (print name& ide) 4on Larson,Vice President i By: (signt naatu Title) Jhi (pme e) ynn ocm,Asst.Secretary Engineering Services ` ,alar rin FORM APPROVED: 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.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"CgM&'and the above-mentioned PrinciRal.mutually promise and agree as follows concerning this subdivision: 2. IMI!ROVEMEMM. Principal agrees to install certain road improvements(both public and private)y 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 it 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. IMPRQYEM a 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 ua antec: $ 16.400,60 cash,plus additional security,in the amount:$ 1,622.§00.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: M 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 Payment: Security in the amount:$ 819.500.00 ,which is fifty percent(500%)of the estimated cost of the work. Such security is presented in the form of` Cash,certified check,or cashier's check i.L._ 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 held as securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUABAETEE 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 comet,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 WM. 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. LMPROVEMENT 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,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 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 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. Non-condition : 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. CQSTS: 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. SUR EYS. 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 COM: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. 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. 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 miilT{Giiance. RL:in:rd/cw GAGrpDM\En{Svc\For=e AG WORMAG-30.doe Rev.October 23,2002 CALIFORNIA ALL-PURPOSE ACKNOWL DGEMEN T State of 1 �ri� �`o OPTIONAL SECTION Coun of o CAPACITY CLAIMED BY SIGNER On before me. \ • l {tel 1 ,r Though statute does not require the Notary to till in DA NAME,TITLE OF O R E.G.,'JANE DqENOT LIC" 1 the data below,doing so may grave invaluable to personally appeared�� `13 - 1,.,�j(\(\ a.... T�\ I In persons relying on the document. NAME(S)OF IGNER(s) 0 INDIVIDUAL personally known to me-OR-❑ proved to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICERS) be the person(s)whose name(s)is/are TITLE(s) subscribed to the within instrument and `�_ i acknowledged to me that h*Wwhhey executed ❑ PARTNER(S) 13 LIMITED the same in hiriher/their authorized T.AUSTIN D GENERAL capacity(ies),and that by him%crhheir ❑ ATTORNEY-iN-FACT - Commission## 1378739 [ signature(s)on the instrument the person(s)or z ❑ TRUSTEE(S)ray Notary Public - California the entity upon behalf of which the person(s) acted,executed the instrument. ❑ GUARDIAN/CONSERVATOR + Contra Costa County ❑ OTHER: My Comm.Expires Oct 7. h nd and offi , l seal; SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTr7Y(MS)) 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 a sig°ne��e- xactly 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: ISGNtA�TURES FOR PART_ NERSHIPS - Sigping party must be either a general partner or be authorized in writing to have the authority to sign or an to the partnership. IV. SIGNATURES FOR CORPORATIONS Documents s ould eessigne y two officers,one from each of the following two groups: GROUP 1. �a�The Chair of the Board bThe President cAny Vice-President GROUP 2. Ja The Secretary b An Assistant Secretary c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the Instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JC:mw G:WM0&ta1En$SvcWorms\WORD FOR WALL PURPOSE NOTARY.doo Rev.August 1,2001 {{ COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER. MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER ' ` (For Cash Collection Procedures see County Administrator's Bulletin 105.) p" DESCRIPTION FUND/ORG. GCT TASK OPTION ACTMTY AMOUNT 28 40 211 i . 9 X31O/--?7 ' r,TA41,4 %I U6, I L_L t ! 27S t� ,?f7jq I I I JI I I I I I ' UL U t ` 6(5 C le6 EXPLANATION:; , ,'r / 63(Z DEPOSIT ' ° c C rl�t Deposit consists of the folk Mng i { L N and CURRENCY $ f / r/// � ta KS,Mn,ETC. $ �. . xj `t , ; It 1' ' RANK DEPOSITS $ AUDITOR-CONTROLLER USE ONLY i DEPOSIT PERMIT DP_ NUMUR DATE ASSIGNED The amount of money descAwd above is far Treasurer's receipt of above amount is approved. Recut of above amount is hereby deposit into the County Treasury. ocknowiedged Sign ount9 Deputy County Treasurer COUNTY OF CONTRA COSTA DEPOSIT PERMIT t OFFICE OF COUNTY AUDITOR-CONTROLLER d MARTINEZ,CALIFORNIA {,F TO THE TREASURED: RECEIVED FROM ORGANIZATION NUMBER (For Cash Collection Procedures sae County AdministroWs Bulletin 105.) DESCRIPTION FUND/ORG ASIA � TASK N ACTIVITY AMOUNT $ t i r t s r r ! t t r i ! r t r i t t t t i r r i i t 1 ! t EXPLANATION: TOTAL f DEPOSIT Deposit c of the following items COW and CURB $ CHECKS,Mak.ETC. -- BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONL DEPOSIT PERMIT Op NUMBER DATE A;SWxNED The orrwunt of money described obove is for Treastw's receipt.of above amount is apprawed. Receipt of above am7* hweby depcWtinto the Cou°rty Tnrasury ocknowle r— Dote '�� + wed: t� Signed: Ti ( f{ 1.11E EXT "1 Depu 'C ty Auditor Deputy County Traasurw -34 REV.(7.93) 0648-9140 / 812100: G1116868, $1,804.00}, MS 21-93 Drainage Mitigation Fee (Green Valley geek), Diablo Valley Estate Company,LLC, 101 Ygnacio Valley Rd, Ste 330, Walnut Creek, CA 94596 0649-9665 / 831000: 61116871, $9,020.00, DG0015, Drainage Acceptance Plan Review Deposit, Windemere Phase II, Water Quality Pond 6, Windemere SLC LLC, 3130 Crow Canyon PI, #310, San Ramon, CA 94583 0649-9665 / 831000: G1116872, $14.780.00, DG 0025, Drainage Acceptance Plan Review Deposit, Windemere Phase II, Water Quality Ponds TO, Windemere BLC LLC, 3130 Crow Canyon Pl, #'310, San Ramon, CA 94583 819800-0800: 61116869, $1,000.00, Sub 8531, Cash Bond for Landscaping, Janin Assosciates, 957 Stow Lane, Lafayette, CA 94549 819800-0800: G1116870, $2,905.00, Sub 8531, Cash Bond, Janin Assosciates, 957 Stow Lane, Lafayette, CA 94549 819800-0800: G1116873, $64.500.00, RA1142, Performance Cash Bond (civil), Windemere Phase II Backbone, Windemere BLC LLC, 3130 Crow Canyon PI, #310, San Ramon, CA 94583 819800-0800: G1116876, $12,900.00, RA8712, Performance Cash Bond (civil), Windemere Phase II, Village 20, Windemere BLC LLC, 3130 Crow Canyon Pl, #310, San Ramon, CA 94583 819800-0800: 61116880, $10.100.030, Sub 8713, Performance Cash Bond (civil), Windemere Phase II Village 21, Windemere BLC LLC, 3130 Crow Canyon Pl, #310, San Ramon, CA 94583 819800-0800: 611168841 $15,200.00, Sub 8714, Performance Cash Bond (civil), Windemere Phase II Village 22, Windemere SLC LLC, 3130 Crow Canyon Pl, #310, San Ramon, CA 94583 '-I filaisawai Gain" t f t f Executed in Duplicate Subdivision: sl 871 Houd No.: 6205580 Premium: $11,358.00 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 66499 - 66499.10) 1. RjrLetTk}.(}F SuRyiy slQN AGREEMENT: The developer(principal)has executed it subdivision agreement with the County of Centra Costa to install and pay for street, drainage and ether improvements in Subdivision $711 , 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 wrap for said subdivision. 2. OBLICATION: WindeMere H C L-And C I . C. as principal and SafqQg _J_nsurance ,GManv.of America , a corporation organized and existing under the laws of the State of Washington and authorized to transact szarery 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 fellows: A. Performance and Guarantee-. 0 e Million uod en Two Tlgousattd$11.ffundred Dollars for Contra Costa County or any city assignee under the above County Subdivision Agreement. H. Payment: Eight Hundred Nineteen. Thousand Five Hundred __Dollars ( 1500.00 ) to secure the claims to which reference is made in Title XV (commencing with Section 3082) of fart 4 of Division III of the Civil Code of the State. of California. 3. CONPILION A. The Conditio' n 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 prrfotmed 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 (car 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, iarcun d by the County of Contra Costa.(or city assignee) in successfully enforcing such obligatign,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 subdivision agreement and referred to in the aforesaid Civil Code, fbr 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 bund 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 tete 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. Nc 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. StCNFp AND SEALFA on July 7,. -2003 WINDEMERE BLC LAND COMPANY, LLC By: ,Lennar Homes of California, Inc. PRINCIPAL: . its manazer SURETY:SAFECO I.NSURANCE COMPANY OF AMERIKA Address: 24800 C risanta Drive Address: 330 North Brand Blvd:, Suite 1000 ::hy: missifflrh vjqfq,CA Zip; 92691 City: Glenjkle, CA ip: 91P3 By; ?tint NaJ athan M. Jaffe Print Name. Patricia H Brebner i e President Title: Attorney-in-Fact D t8v J*i.2003 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange Can November 6. 2003 before me, Gordon J. Peterson, personally appeared Jonathan M. Jaffe, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacities, and that by his signatures on the instrument the person or the entities upon behalf of which the person acted, executed the instrument. GORDON J,PETERSON Witness mv hand and official seal. Commission 0 1335380 Notary Public•California .- Orange county My Corm. w Doc 17,2005 a 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 SIGNER IS REPRESENTING: Vice President Lennar Homes of California. Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Surety Bond No. 5205580 Number of Pages: Two 2 Date of Document: July 7, 2003 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE A IOWLEDGMENT Na.5907 State of California County of Change On July 7, 2003 before me, Rhonda C.Abel,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.Brebner 4 NAME(S)OF SIGNER(S) personally known to me-OR- 0 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(les), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. f sT RIHOINDA C.ABEL 1312777 SIGNATURE OF NOTARY NOIARY PUBI'C_CA;IFOPNiP. +0 { ?' ORAAiliLCOUNTY t) wcr^"k CCMM,W.AUG,4,2005] 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 0 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(s) F1 PARTNER(S) LIMITED GENERAL ® ATTORNEY-IN-FACT CI TRUSTEE(S) F-1 GUARDIAN/CONSERVATOR NUMBER OF PAGES OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GEEF 2198 01883 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Cae»pa Park,CA 81309-7164 OR SAFECO INSURANCE AMERICA S A F E CINSURANCE COMPANY OF AMERICA OF ATTORNEY HOME OFFCE sAFFECO PLAZA r SEATTLE,WASHINGTON 98185 No. 9875 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby appoint ***+******RHOMA C.ABEL;JERI APODACA;PATRICIA H.BREBNER;LINDA ENRIGHT;JANE KEPNER,STANLEY C.LYNN;NANETTE MARIELLA-MYERS; MIKE PARIZINO;JAMES A.SCHALLER,ALEXIS BRYAN;LEIGH MCDONOUGH•Costa Mels,Ceiifnrtilx*►►*ww+ww****w***++*w*****+w**w**w+*++*w**w+******+►****►** Its true and lawful atlorney(s)-in-fact,with full authority to execute on Its behalf fidelity and surety bonds or undertakings and other documents of a similar character Issued in the course of Its business,and to bind the respective company may. IN WITNESS WHEREOF,SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each wwxmd and attested these presents this loth day of Jamary 2002__ AA� �4— R.A.PIERSON,SECRETARY MIKE MGAVICK,PRESIDENT CERTIFICATE Extract from the By-laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 18.-FIDELITY AND SURETY BONDS...the President any Vice President,the Secretary,and any Assistant Vice resident appointed for that purpose by the o8ioer in charge of surety operations,shall each have authority to appoint Individuals as attomays-inrfact or under other appropriate titles with authority to execute on behalf of the many fidelity and surety bonds and other documents of similar character issued by the company In to course of Its business...On any instrument making or evidencing such appointment. the signatures may be affixed by facsimile. On any Instrument confeMng such authority or an arty bond or undertaking of the company,the seal,or a facsimile thereof,may be Impressed or affixed or In any otter manner reproduced;provided,however,that the seal shall not be necessary to the validity of arty such Instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On arty certificate executed by the Secretary or an assistant secralary of the Company setting out (I) The provisions of Article V,section 13 of the By-Laws,and (ll) A copy of the power-xtWtomey appointment,exwxftd pursuant thereto,and (01) Certifying that said power-of-attomey appointment Is in full farce and affect, the signature of tate certifying officer may be by facsimfia,and the anal or the Company may be a facsimile thereof." i,R.A.Pierson, ry of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foragoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney Issued pursuant thereto,aro true and correct,and that both the By-Laws,the Resolution and tie Power of Attorney are still in full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the facsimile seal of said corporation this 7th day of Julys 2003 E Ccwwm O, Ir, t " a, SEAL SEAL -� r "qr Of S R.A.PIERSON,SECRETARY $-W41SAMF 2101 0 A registered trademark of SAFECO Corporation 1110!02 PDF �ey{..Y - . .. .t . ' .S ,'4 .« ..r.. ,. s� •,, .....5..r t'..e.c4 . .''Y' :".`:_._...a . ,, T` -.Y...r..� , '. a• 1. w 1 5 4`•.h...t• 'C>. William J. Pollacek Treasurer-Tax Collector's ContraCounty Treasurer-Tax Collector 625 court Street Costa Finance Building,Room 100 Deputy V.watts D P.o.Box 531CountyCteputy Treasurer-Tax Collector Martinez,California 94553-0063 Joslyn Mitchell (925)646.4122 Tax Operations Supervisor (925)957-2898 FAX Date: 11117/03 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 Tax Rate Area 8715 SAN RAMON 66383 PARCEL#223-100-035-3, 223-100-036-1, 223-090-011-6 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 2003-2004 tax lien has been paid in full. Our estimate of the supplemental tax lien is: .00 This tract is not subject to a 1915 Act bond. 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 Collector By: eputy