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HomeMy WebLinkAboutMINUTES - 02252003 - C15-C20 11 Ic CONTRA COSTA Co Recorder Office STEN L. WEIR Clerk-Recorder y Recorded at the request of: DC L— 20�1�--��9,620-00 Contra Costa County Board of Supervisors Thursday, FEB 27, 2003 10:26:58 Return to: FRE $x0.00 Public'Works Department Ttl Pd $8,00 Nbr-ON1341169 Engineering Services Division Records Section r r e/R9 C 1-4 THE BOARD OF SUPERVISORS OF CONTRA.COSTA COUNTY,CALIFORNIA Adopted this Resolution on February 25, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 128 SUBJECT: Accepting completion of private improvements for Subdivision 7744,Alamo area.. {District III) The Public Works Director has notified this Board that the private improvements on Legacy Drive and Legacy Court in Subdivision 7744 have been completed as provided in the Subdivision Agreement with West Coast dome Builders,Inc.,heretofore approved by this Board in conjunction with the filing of the Subdivision Map. PE:cw G.\GrpData\EngSvc\BO\2003\2-25-03\SUB 7744 BO-45.doc originator: Public works(ES) I hereby certify that this is a true and correct copy of an action Contact: Rich Lierly(313-2348) taken and entered on the minutes of the Board of Supervisors on cc: Public Works -Tax I.D.94-6170857,Accounting the date shown. -T.Bell,Construction Div. -P.Edwards,Engineering Services M.Valdez,M&T Lab ATTESTED: FEBRUARY 25, 2003 -H.Finch,Maintenance Div. JOHN SWEETEN,Clerk of the Beard of Supervisors and 1.Bergeron,Mapping Div. County Administrator Recorder(via C1 ,then PW Engineering Services Sheriff-Patrol Div.Commander CHP,c/o Al CSAA—Cartog By -,Deputy DeSilva Gates P.O.Box 2909 Dublin,CA 94568 Travelers Casualty and Surety 580 California St.,Suite 1300 San Francisco,CA 94104 West Coast Home Builders,Inc. Albert D.Seeno Construction Co. P.O.Box 4113 Concord,CA 94524 RESGILUTION NO.2003/ 128 SUBJECT: Accepting completion of private improvements for Subdivision 7744,Alamo area. (District III) DATE: February 25, 2003 PAGE: 2 The Public Works Department having also notified this Board that these improvements have been completed with the exception of minor deficiencies, for which a $3,100.00 cash deposit (Auditor's Deposit Permit No. 398256, dated December 31, 2002) was made by DeSilva Gates Construction to ensure correction of application of asphalt rejuvenator. NOW THEREFORE BE IT RESOLVED that the private improvements have been COMPLETED as of February 25,2003,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 July 9, 2002 Traveler's Casualty and Surety Company BE IT FURTHER RESOLVED the payment(labor and materials)surety for$254,300.00, Bond No.005SB 103323 215BCM issued by the above surety be RETAINED for the six month lien guarantee period until August 25,2003,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 as County roads,at this time. BE IT FURTHER RESOLVED that there is no warranty period required, and the Public Works Director is AUTHORIZED to refund the$5,600.00 cash security forperformance(Auditor's Deposit Permit No.355812,dated September 7,2000)plus interest in accordance with Government Code Section 53079, if appropriate, to Albert D. Seeno Construction Company pursuant to the requirements of the Ordinance Code. BE IT FURTHER RESOLVED that there is no warranty period required, and surety (performance)bond is EXONERATED. RESOLUTION NO. 2003/128 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER {Ctrg�x+imticc+) (for Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION I UNDJURG S TASK C7PTION ACTIVITY AMOUNT $ c 1 i.- " OU' E 04 .I �~ 1 01 IF ,13 I cb ODDS i $ 11 1 LI -I I fill 11 It 111111 lilt tillillill f 1 1 f I i I EXF, ANATION: ,� n f�.� TOTAL $ [ J o G L DEPOSIT Deposit consists of the following ftems .tel l t t COIN and CURRENCY $ � j 6 CHECKS,M.0,,ETC. $ BANK DEPOSITS $ r FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT �. gip.. PERx41lT l j '. . NUMBER C) � 11 '`` 4 r DATE s�.8 51 C 31/t@2 �. t.. �c.l 1 1 1 ✓rf f ,Yt7 j r, ASSIGNED The amount of money described above is for Treoswer's receipt of above amount is approved. Receipt of above amount is hereby dep sit into fho County T ssury, acknowd ledge Signed: o 'h t. g ' 1/21IJODate �� } _;-,237(-;) ? Sited: qj9AA_,,,-IL � Signed. Title:A- j t)jxzyr EXT. —,� ("� Depu aunty A/dii,4, Deputy County Treasurer D-34 REV.(7-43)' �! (} 000649-9665 f 831000: 61108980, $25,000.00, SUB 8507 Major Subdivision Improvement Plant Review Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place#'310, San Ramon,CA 94583 000649-9615 f 831000: 61108982, $M.00, RS 2742 Record of Survey,Map Check Fee, DeBolt Civil Engineering, 831 San Ramon Valley Blvd., Danville,CA 94526 000649-9665 f 831000: 61108984, $16,300.00, SUB 8563 Landscape Improvement Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas,CA 95035 000649-9665 / 831000: 61108985, Shopell Industries of Northern California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas, CA 95035 $14.300.00, SUB 8564 Landscape Improvement Plan Review $26.600.00, SUB 8564 Landscape Improvement Inspection 000649.9665 / 831000. 61108986, ►32,400.00, SUB 8631 Landscape Improvement Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas,CA 95035 000649-9665 f 831000: 61108987, $28,300.00, PA 0011 Landscape Improvement Inspection, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000649-9665 f 831000. 61108989, $500.00, RS 2743 Record of Survey Map Check Fee, Bellecci 4 Associates, Inc., 2290 Diamond Blvd., Suite 100, Concord,CA 94520 819800-0800-, 61108983, $3 lq,%00SUB 7744 Coth Bond 'Guarantee of Performance, DeSilva Cates Construction,PO Box 2909, Dublin,CA 94568 819800-0800. 61108984, X2,,900.00, SUB 8563 Cash Bond, Shapely Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800. 61108985, $5,100.00, SUB 8564 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas,CA 95035 819800-0800: 61108986, $6A00.00, SUB 8631 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd.,PO Box 361169, Milpitas, CA 95035 819800-0800: 61108987, $5,500.00, PA 0011 Cash Bond, Shapell Industries of Northern California, 100 North Milpitas Blvd.,PC} Box 361169, Milpitas,CA 95035 CONTRA COSTA Co Recorder Office •► STEPHEN LWEIR Clerk-Recorder Recorded at the request or: DCC-- 2@ --009 162 1—00 Contra Costa County Thursday, FES 27, 2003 10:27:07 Board of Supervisors FRE $0, Return to: Publicc works Department Tt I Pd $0,00 Nbr-0001341110 Engineering Services Division r r c/R'9/1—2 Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 25, 2003,by the following vote: AYES. SUPERVISORS GIOIA, UILKEMA, GERBER, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 20031129 SUBJECT: Accepting completion of private improvements for Subdivision 8023, Brentwood area. (District III) The Public Warks Director has notified this Board that the private improvements on tend Way, Lakeshore Circle, Winchester Loop, Kincaid Way, Crescent Way, Yosemite Way and Yosemite Court in Subdivision 8023 have been completed as provided in the Subdivision Agreement with Hofinann Land Development,heretofore approved by this Board in conjunction with the filing of the Subdivision Map. PE:cw G:\GrpData\EngSvc\BO\200312-25-03\SUB 8023 BO-45.doc Origlnaitor: Public works(ES) I hereby certify that this is a true and correct copy of an action Contact: Rich Lierly(313-2348) taken and entered on the minutes of the Board of Supervisors on cc: Public works -Accounting,Tax I.D.58-0419482 the date shown. State Tax I.D.02118258 -T.Bell,Construction Div. ATTESTED. FEBRUARY 25, 2003 -P.Edwards,Engineering Services -M.Valdez,M&T Lab JOHN SWEETEN,Clerk of the Board of Supervisors and -H.Finch,Maintenance Div. County Administrator -1.Bergeron,Mapping Div. T—8-25-03 Retarder(via Qer then PW Engineering Services Sheriff-Patrol Div.Commander By ,Deputy CHP,c/o Al CSAR—Cartog Hofmann Land Development P.O.Box 758 Concord,CA 94522 The American Insurance Company One Market Plaza,Spear Street Tower San Francisco,CA 94111 RESOLUTION NO.2003/ 129 SUBJECT: Accepting completion of private improvements for Subdivision 8023, Brentwood area. (District III) DATE. February 25, 2003 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the private improvements have been COMPLETED as of February 25,2003,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 August 14, 2001 The American Insurance Company BE IT FURTHER.RESOLVED the payment (labor and materials)surety for$804,700.00, Bond No. 11141714011 issued by the above surety be RETAINED for the six:month lien guarantee period until August 25,2003,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 private improvements have been COMPLETED and are NOT ACCEPTED NOR DECLARED as County roads, at this time. BE IT FURTHER RESOLVED that there is no warranty period required, and the Public Warks Director is AUTHORIZED to refund the $15,100.00 cash security for performance (Auditor's Deposit Permit No. 369262, dated June 4, 2001) plus interest in accordance with Government Code Section 53079,if appropriate,to Hofmann Land Development Company pursuant to the requirements of the Ordinance Code. BE IT FURTHER RESOLVED that there is no warranty period required, and the performance surety bond is EXONERATED. RESOLUTION NO. 2003/129 Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on.February 25,2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/130 SUBJECT: Acceptance of Instrument for Release and Indemnification Covenant for Subdivision 8394 being developed by Kenneth Repp and Halina Repp, Alamo area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Release and Subdivision 8394 Kenneth Repp Alamo III Indemnification and Halina Repp Covenant 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 on the date shown. Mew 0:\GrpDatalEngSv"0\200312-25-03lSU$8394 BO-27.doc Originator. Public Warks Contact; Rich Lierly(3113-23-2 348} ATTESTED: FEBRUARY 25, 2003 Cont cc: Recorder(via Title Company)then PW Records JOHN SWEETEN,Clerk of the Board of Supervisors and County Current Placating,Cortvnunity Development Administrator Kenneth Repp and Mina Repp 173 vernal Drive Alamo,CA 94507 By ,Deputy RESOLUTION NO.2003/ 130 u _ _ ............ Recorded at the request of: i Contra Costa County Board of supervisors Return to: Public Works Department Engineering Services Division Records Section Area: Alamo Subdivision: 8394 APN: 192-240-006 RELEASE AND INDEMNIFICATION COVENANT We, KENNETH I. REPP and HALINA C. REPP, as Trustees of the KENNETH I. REPP and HALINA C. REPP Revocable Living Trust, dated March 17, 1999,declare the following: a. We are the owners of lots 1, 2 and 3 of Subdivision 8394, filed ,in Book of Maps at page b. We have obtained an exception to Section 914-12.002 ("Detention basins-Where permitted")of Title 9 of the Ordinance Code of Contra Costa County. C. In consideration of,and as a condition to,the granting of said exception,referred to in subparagraph(b)above,we, and each of us,agree to construct and maintain a private storm drain detention facility and to disclose to future buyers,of lots 1,2 and 3 of Subdivision 8394,that they are obligated to continue maintenance of said facility. d. In further consideration of the granting of said exception to Title 9,section 914-12.002,we,and each of us,hereby release the County of Contra Costa,and that county's respective officers,agents and employees from any claim,cost,or liability arising out of,or in connection with,any damage to the site improvements resulting from any failure of the privately maintained storm drain detention facility. C. In further consideration of the granting of said exception to Title 9, Section 914-12.002 , we, and each of us, hereby agree to defend,indemnify and hold said County and that county's respective officers,agents and employees,harmless from any claims, costs, demands, expenses or liability, including, without limitation, all consequential damages arising out of,or in connection with,any damage to the site improvements resulting from any failure of the privately maintained storm drain detention facility. £ This agreement is an instrument affecting the title or possession of the real property described above and shall inure to the benefit of the County of Contra Costa and shall be binding on all our heirs,successors and assigns. The undersigned executed this instrument on t74NUAR o.12M� (Date) KENNETH I,REPP and HALINA C. REPP,as Trustees of the KENNETH I. REPP and HALINA C REPP Revocable Living Trust,dated March 17, 1999. Ken4th 1. Repp,trustee. Cf 4,AV Halina C. Repp,trustee. »:cw G:GrpData\EngSvc�IOSEPtP2002.41archSUB 8394 AG-23.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of JAQ&)) L OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER On& 1� before me, A� Though statute does not require the Notary to fill in NAME O �9-0,,"JAM NOTARY PUBUC" the data below,doing sot may prove invaluable to personally appeared r + i HAUt_,,A Q. persons relying on the document. NAWS)OPsti R(s) G INDIVIDUAL a personally known to me-OR-11 proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S) be the person(s)whose nam*),jdare TITLE(S) subscribed to the within instrument and acknowledged to me that boWtAhey executed 0 PARTNER(S) 11 LIMITED the same is bi /their authorized 0 GENERAL .�,.,..... capacity(ies),and that bye/their ,A TTORNEy;fN=FACT t ALEX D. VOSa1CKA sipsture(s)on the instrument the person(s)or tr TRUSTEF(S) the entity upon behalf of which the persons) Comm.�f�$926f acted,executed @tc tnswment. D GUARD1ANfCONSERVATOK #0TARY PUBLIC-CALtF{ltll�A G OTHER: Contra Costa county '"' W Md an(o ' I$eal, My Cwm.Expires July 27,2004"#` SIGNER IS REPRESENTING. I NAME OF PEWONM OR ENTMRS)) ARY OPTIONAL SECTION E46t AND I NIFIL ATIDN THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document �+✓C'h?4hiF tx TO THE DOCUMENT AT RIGHT. Number of Pages 01,46 Though the data below is not required by law,it may prove valuable Date of Document SAN1 C)j to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above rasttachment of this form INSTR,iiCno—N Tf31 IU i'ARY The following information is provided in an effort to expedite processing of the documents. Signatures reslttired on:documents must comply with the following to be acceptable to Contra Costa County. L FORALL L(JVA S The name and interest of the signer should be typed or printed BEN AM the signature. The name must signed exactly as it is typed or printed. II. SLQJA�FOR S-The name must be signed exactly as it is printed or typed. The signer's interest in the property Must be state( III. TURIzs FOR PAR S -Signt`ng party must be either a general partner or be authorized in writing to have the auta,orfty to sign for an offttf rue partuerslit. IV. ,2QEA3EJRES FOR=PEADWJ Documents should be signed by two officers,one from each of the fallowing two groups: GROUP I. }The Chair of the Board ))The President c Any Vice-President GROUP 2. a The Secretary An Assistant Secret C The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two$coups 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 oralone group,moist contain the following phrase: " and aclmowledged to me that such corporation executed the within instru lent pursuant to its by-Laves or a resolution of its Board of Directors." 111 k15ti iATAL kpDr Svclt arM4VORD PO MStALL M7AYM NOTAKYAW ><IiriAn»t�+ft't:10t1# THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 25,2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKE\IA, GERBER, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 131 SUBJECT: Approval of the Final Map and Acceptance of Instrument for Grant Deed of Development Rights(in lieu of bonding required improvements)for Subdivision 8394, being developed by Kenneth I. Repp and Halina C. Repp, Alamo area. (District III) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 8394,property located in the Alamo area,Supervisorial District III, said map having been certified by the proper officials. II. Instrument A Grant Deed of Development Rights, granted by Kenneth 1. Repp and Halina C. Repp, in lieu of bonding the improvements required for Subdivision 8394. 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 on rH:cw the date shown. 0:tGMData'tEngSvCS41200312-25-031SUB 8394 Bo-21,doc Originator:Public Works(ES) ATTESTED:_ FEBRUARY 25 2003 Contact: RichLicrly(313-2348) JOHN SWEETEN,Clerk of the Board of Supervisors and County cc: Public Works—T.Belt,ConstructionAdministrator Recorder(via Tide Company)then PW Records Current Planning,Community Development ' Kenneth Repp and Hanna Repp 173 Vernal Drive By Deputy Alarm,CA 94507 Placer Tide Company Donna C.Mahoney 1981 North Broadway,Suite#100 Walnut Creek,CA 945% RESOLUTION NO.2003/131 SUBJECT: Approval of the Final Map and Acceptance of Instrument for Grant Deed of Development Rights(in lieu of bonding required improvements)dor Subdivision 8394, being developed by Kenneth I. Repp and Halina C. Repp, Alamo area. (District III) DATE: February 25,2003 PAGE: 2 III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2002-2403 tax lien has been paid in full and the 2003-2004 tax lien,which became a lien on the first day of January 2003 is estimated to be$3,900.00,with security guaranteeing payment of said tax lien as follows: • Tax Surety Assessors Deposit Permit Number: 399377 Date: January 24, 2003 Amount: $3,900.00 Submitted by: Kenneth I. Repp and Halina C. Repp 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 instrument, Granting Development Rights, is hereby ACCEPTED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/131 a .. g j w {; laa' ti o i > x M N Q i YS � N .4 fill Sam I Ch It Rill it . it lit . i 7S Q � {� ZZZZZZ fill s __ !?sr �k WA 0 y �` D us ti to W er W CD r 0- w M.zz,atr.11N M„85;90.l1N u1L1t �r7tJzs r9 M,t,5.St7.rrn —— 3AfH0 7 — ———- -W � r. v W L r OLV061-66) {5i££E00-66) III 7U Rwze 4f.9.9,9 .rlN p 1 W 969'1S....._. r $ •^ ri 51- It11NIVW.t1Nnoo lON-OVON 31bAIUJ) ti c 3hI8as2 $ ; 'l`dM83n r m �? tt ---x et----- - ----=' —7-- ------o— 71765E`7� ...... • 71JBS'B S4 ....... ' tv. °'� t .o.o—.o.....---- — ---- ..:. 7U81E'Ll�-. , M,b'S,SO.tIN _.........-. •�, ;: g F-• ! 3 'V d X980'9 .. � � "`7 i0 �� W atZ' 0 E E � s, L -7 +1+t M95S WV ..l n ti+i m �` '•' ����0 Z tach` a WZ R4 I4 We wo riot 'a cora •�13 tJ lA 777$Db 65 M,1l.6tJ.1lN L q it (bBZiZ00•S b1;t'`:VIS Recorded at the request of: Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section Area: Alamo Subdivision: 8354 APN: 152-240-006 GRANT DEED OF DEVELOPMENT RIGHTS (In lieu of bonding required improvements) To meet conditions of approval numbers 29(C),32(F),34(A),and 34(B),of Subdivision 8394,we, Kenneth L Repp and Hallna C.Repp,(Owners)-hereby grant to the County of Contra Costa,a political subdivision ofthe State of California(Grantee)and governmental successor or successors of said county, the future development rights, as defined herein below over a portion of that real property known as Lots I and 3 of Subdivision 8394,situated in the County of Contra Costa,State of California and more particularly described in Exhibit"A" Development rights are defined to mean and refer to the right to approve or disapprove of any proposed construction,development or improvement.The development rights are and shall be a form of covenant,which shall run with the said property and shall bind the current Owner and any future Owner of all or any portion of said property.In the event of a disapproval of proposed construction by Grantee or successor,said proposed construction shall not be performed..Grantee,or successor, may condition the approval of any proposed construction upon prior or subsequent performance of such conditions as Grantee, or successor,may deem appropriate. Owners grant these development rights in lieu of constructing or bonding the improvements required by the Conditions of Approval for Subdivision 8394.Upon completion ofthe improvements,per the improvement plans for Subdivision 8394, approved by the County on December 15, 2002, or the bonding of these improvements, per the requirements of County Ordinance 94-4.4, Grantee, or successor, shall quitclaim development rights back to owners. The undersigned executed this instrument on /" G r 03 (Dae). Kenneth I. Repp and Halina C. Repp, revocable living trust.Dated March 17, 19" cs > 4Yeth I. epp (arrusted) *a1inaC. Repp (Tnistee) c�r,�,nmm�s�v�eaanwuat,�arnx.�tsssa.� CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION Counfiy of_ f,+ f M &W _ CAPACITY CLAIMED BY SIGNER On KQW20DS,before me, i VhS1 C Though statute doss not require the Notary to Oil In DATE NAME.TrnX GFOFFICER Ro.,UAN8DG8 NOTARYt"TUC' the data below,doing so may prove Invaluable to ter} �h (�^ss persons relying on the document. personally appeared ���, "-� ��'; � t.... NA S)OF C INDIVIDUAL O personally known to me-OR-11 proved to me on the basis of satisfactory evidence to C CORPORATE OFFICER(S) be the person(s)whose names)-Ware subscribed to the within instrument and acknowledged to me that haW rJthey executed C PARTNERS) C LIMITED the same in l /their authorized C GENERAL capacity(ies),and that by4k+er/their C ATTORNEY-IN-FACT ALEX Ct, V SlCKA signature(s)on the instrument the person(s)or on TRUSTEE p+01MYComm. �1269261 the entity upon behalf of which the person(s) NOTARY PURLIC-CALIFORMA acted,executed the instrument. C GUARDIAN/CONSERVATOR G OTHER: Conus Coat Conaty "`Comm.Expires July 27,2444 "i' wTIN1uS I and ofTlcial seal, SIGNER IS REPRESENTING: _ (NMO OF PpERSOWS)OR E WHIMNOTARY �aq�f} t E� ��� OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages 1EME 6AI n Z_V Though the data below is not required by law,it may prove valuable Date of Document._i I►. to persons relying on the document and could prevent fraudulent Signers)Other Than Named Abo<NN re-attachment of this form INSTRUCTIONS TO Nt�?T_ARY 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 IG A The name and interest of the signer should be typed or printed BENEATH the signature. The namemust e signed exactly as it is typed or printed. �. SI__a A11MES FOR INbNIE)UALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated, III. SWA4n= FOIL PARTNPRSH[PS - Signing party must be either a general partner or be authorized in writing to have e allthority to sign for ash artners N. SIC FOR CORPORATIONS Documtents should a sign y two officers,one from each of the following two groups. GROUP 1. The Chair of the Board H'.the President Any Vice-President GROUP 2. a The Secretary An Assistant Secre ary c The Chief Financial t fcer 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 Berard 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 suf c7e, Notarization of only one co rate signature or signatures from only one group,must contain the following phrase: " and at lmoxjleciged to met such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors.,, > 1 ��!iSARUAfiAKhpAS#atBa�yclFc�mclwORi)P6RitiStAIL PtTRPOSB NOTAkY.duc Subdivision 8394 (In Lieu of Bonding Required Improvements) EXHIBIT "A" All that real property situated in the County of Contra Costa,State of California,described as follows: All of Lots 1 and 3, shown on the final map of Subdivision 8394, on file at the County Recorder's Office as follows: Date: Book: Page: 0:1G I]ata, Svr\owpl2002lOctober\GDDRMS8394.dm 1/14103 PLACER$42 8394 Tax Collector's Office William J.Poliacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.O.Box 631 ��'' Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor Data: 1/14/2003 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This Will certify that I have examined the map of the proposed subdivision enitled: Tract E MS# City T.R.A. 8394 ALAMO 65398 Parcel#: 192-240-006-2 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2002-2003 tax lien has been paid in full. Our estimate of the 2003-2004 tax lien, Which became a lien on the first day of January, 2003 is $3,900.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasurer-Tax Collector By: (�-..- rrunt i6 xi r P � lillanez, Callfort2� k�l ,'iii?&.,,..: £�zsM ,ads' ,t- •+.�� � . ,' r �.,. T'R t9UR It?'AX C,,. TCR Orgwtm m Number 0 a �A Y �. i - _ Pfmvdurft 3w st1kti1'ice.? Sub Am* TO* Amount SUBDIVISION GUARANT€S 81()900 0800 $3,900.00 9 >WOON UAPANTM FOR 839 TOW HOLD FOR SECURITY FOR 8394 OSPOA $31900.00 . 2003 TAKES am*seodwfnE teem. ccr�WACURROCY $ KENNM R5PP 173 VERNAL D t�Arucc�+c�rre . ALAMO CAL. $ RM AUDrMR-CoNT*o LER Lia ONLY DEPMrr tMMrr NtlMM AND DATE At#WNW: ISP# DAU Thowommormw IM Y h'wr• c�epostt tido a stat aP atxrrr arnar�a ROMP tW Oe amount is hereby aparoved. TMO: I�ft QI wk ted. -42314 aUt +tGARn Cotrl! T+,�suiw, t •'R 2 "b �.4h .y ,�, �n'k�ci �+ 4` •h,YY �e P`�y '. At rx Y Y,;;. yt � � L� �> .d,F,,,,w°r`,:.t--6 ��•" '`. i�^k.r y4 +•a J ws'� 1e THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 25, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, GLOVER AND DESA INIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/132 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8669,being developed by Brookfield Ambridge LLC, San Ramon (Dougherty Valley) area. (District III) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 8669,property located in the San Ramon(Dougherty Valley)area, Supervisorial District III, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Brookfield Ambridge 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 LT:cw on the date shown. G:\GtpData\EngSvc\BO\2003\2-25-03\SUJB 8669 BO-21.doc Originator:Public Works(ES) Contact: Teri Ric(313-2363) FEBRUARY 25 2003 ATTESTED: r cc: Public Works Bell,Constructionn JOHN SWEETEN,Clerk of the Board of Supervisors and Current Planninngg,,Community DeveDeveloprrtent T-12-29-03 County Administrator Brookfield Ambridge LLC Daniel R.Moose 5960 Inglewood Drive,Suite 200 Pleasanton,CA 94588 American Casualty Company of Reading,Pennsylvania By ,Deputy Virginia Copland CNA Plaza,13 South Chicago,IL 68685 RESOLUTION NO.2003/ 132 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8669, being developed by Brookfield Ambridge LLC, San Ramon(Daugherty Valley) area. (District III) DATE: February 25, 2003 PAGE 2 A. Cash Bond Performance amount: $9,300.00 Auditor's Deposit Permit No. 399708 Date: January 30, 2003 Submitted by: Brookfield Ambridge LLC Tax ID Number: 33-0984-930 B. Surety Bond Bond Company: American Casualty Company of Reading,Pennsylvania Bond Number: 58608914 Date: January 31, 2003 Performance Amount: $918,500,00 Labor&Materials Amount: $463,900.00 Principal: Brookfield Ambridge LLC III. Tax Letter Letter from the County Tax. Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2002-2003 tax lien has been paid in full and the 2003-2004 tax lien,which became a lien on the first day of January 2003, is estimated to be $475,800.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: American Casualty Company of Reading,Pennsylvania Bond Number: 58606856 Date: January 27, 2003 Amount: $475,800.00 Principal: Brookfield Ambridge LLC 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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SAW— 40. 1�1 —Tit Lit L9 jg� L pill 1!B T, 'I,I W Ill st h I; jpr�rtm 1,0 1 52 I 1 11 L w ell 33 ego a )R 3N#MSaNV1 1, lot lz* 000OW 1 t w ti � � � � I i 1 1 _ i All i I ui .5 A a; 0 0 SM9 L L -.5 V.4 .6 4N — --- - A.4�X, ABU ORO 0TV 30M a.�- 06' it dvmII 1 \0& INN vop re rK ilk C59 SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivision: SUB 8669( Principal: Brookfield Ambridge LLC Effective Date. Completion Period: I year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY PRINCIPAL Maurice M.Shiu,Public Works Director f ry Y s A. By: s; ',..:R. ` (Signature) �► �i (Print name nk) ^ RECOMMENDED Ft�R PPItOVAL By: (Signature) Engineering Servi 7ivision (Hint name&tine) Wille k R. 0,00ft ve le—F-0 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"County"and the above-mentioned Principal,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants, landscaping and such other improvements (including appurtenant equipment) as required by the Conditions of Approval for this development and generally as shown on the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof,as required by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this agreement, Principal shall,pursuant to Government Code§66499 and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ 9,300.00 cash,plus additional security,in the amount:S 918,500.00 _which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable Ietter 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:$— 463,900.00 which is fifty percent(5tl°1a)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit With this security,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. GUARANTEE AND WARRANTY OF WORK. Principal guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to private improvements,which are not to be accepted by the County. 5. PLANT ESTABLISHMENT WORK. Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other 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 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 Iiabilities 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 all costs incurred by the County for services provided.This cost may include,but are not limited to:inspection,administration,engineering,construction and relocation of existing utilities. 10. SURVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: If Principal fails to complete the work within the time specified in this 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 maintenance. RL.3D:tadim GAGrpData\EngSvc\Forms\AG WORMAG-30.doe Rev'October 23,2002 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER On i before me, 1 J" t7A -> Though statute does not require the Notary to fill in DAT NAME,TITLE OF OFFICER E ..-JA NE ,,f NOTARY PUBLIC the data below,doing so may prove invaluable to personally appeared 11 1 Gt+'t � ie k K. `"L� persons relying on the document. NAME(S)OF S NMAS) ❑ INDIVIDUAL E personally known to me-OR-G proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLE(S) subscribed to the within instrument and acknowledged to me that}&Ww/they executed ❑ PARTNER(S) : 0 LIMITED the same in WsgJ w/their authorized D GENERAL ! Dl;i' c L,EVINE capaeity(ies),and that by hieUr/their ❑ ATTORNEY-IN-FACT signature(s)on the instrument the person(s)or COMM.#92f$097 the entity upon behalf of which the person0 s) TRUSTEES) NOTARY PUBLIG•CALIFf?12N1A�► actedexecuted the instrument. GUARDIAN/CONSERVATOR , ALAMEDA COUNTY 0 ❑ OTHER: COMM.EXP.MAY 3,2003 r WITNESS my hand and official seal, SIGNER IS REPRESEN'T'ING: (NAME OF PERSON(S)OR ENfITY(tES)l JFNUTARY 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 66—signed exactly as it is typed or printed. II. SIGNATURES FOR.INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must 5e s a e . III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have Me a-Mority to sign tor an In a partnership. IV. SIGNATURES FOR CORPORATIONS Docume-nTs should e signed y ffo otticers,one from each of the following two groups: GROUP 1. a The Chair of the Board The President Any Vice-President GROUP 2. al 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 GACnpData%nSSvc%Forms%WORD FORMS\ALL PURPOSE NOTARY.doc uv:sS1 4iul;2001 COUNTY OF CONTRA COSTA ("1 - DEPOSIT PERMIT ``. . r'FICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA TO THE TREASURER: RECEIVED FROM ORGANIZATION NUMBER (bgonimtienl (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB' FTASKOPTION ACTIVITY AMOUNT ACCT $ 1 j C �' f f 1 ✓ 1�1 tt Sr 73 - 01 41 1 A I I ILI I i i f t' .. 1 4 1-1 ra r EXPLANATION: TOTAL $ t f-. t` DEPOSIT Deposit consists of the foC4 g items t {�nd GUR1tENCY $ f 0 ,-,l � �". �.`""" M.O..ETC. $ 23 J f �'' {_.r BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT D . L �O. NUMBER f i DATE l_ C a ASSIGNED { ( :< The amount of money difsaribed above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into theCounty T rasury. acknowledged. Pz r`r. s Signed-4w1A I i. �..`r.,:.hl+ DateLk t lr� Sigrred r Signed: Title: ? EXT Deputynt ttc Deputy County Treasurer _ COUNTY OF CONTRA COSTA ,i` i r � DEPOSIT PERMIT �. .iFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASUREk: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER (C7eganimtron{ (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. U TASK OPTION ACTIVITY AMOUNT { � i t i - t i i I i t i 3 i EXPLANATION',, TOTAL $ DEPOSIT Deposit consists of the following items COINIcthdCURRENCY $ Cf4ECKS tv4C�E� BANK DEPOSITS FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP 5 � NUMBER DATE 1 / "i 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 Trpeasury. acknowledged. Signed s,d 'f'' t /' Signed: Signed. .-Title: r,(_�. EXT. Deputj County, t4;e wv Deputy Coon y Treasurer D-34 REV.(7-93) OAKS t , uuu uu - _ IM$02 u . ! u u - u u � 1 2 - 4 5 + ' s'Uu U 6, - 5 0 -i ! � 1u!1CY ) a . 7 5 8 + 6 1 2 , �. � r r 7 I tj i I #I t_I f '(1 9 2 },, c 1 1 1 5 .1- 6 3 .63 33 � 1 4 =5 i + 21 65 , ,iuuj . uu y 1 4 6 l + u a tl 11 333 + en flecksf - 50 uo - (LIS C&O , C)q C)) #W - tZ t CM o -7 tJ o VO CK /Val u { 2u ` ou , iuwuut SSG 7 1 ` ua .f 4 2u U . 25, 0 ` u9 a , 000682.-9752 / 819200. 61109344, 2 504.00, Vocations 2 Ardmore Road Kensington (0676-6Q1868), Lloyd I. & Susanne Hoeber Rudolph, 2 Ardmore Road, Berkeley, CA 94707 000649-9665 / 831000: 61109018, The City of Orinda, Box 2000, Orinda, CA 94563 $500.00, RS 2739 Record of Survey Map Check Fee 500.00, RS 2740 Record of Survey Map Check Fee 000649-9665 / 831000: 61109019, $500.00, RS 2751 Record of Survey Map Check Fee, Nancy E. Rothermich, 1630 North Main Street, PMB 441, Walnut Creek, CA 94596 000649-9665 / 831000: G1109022, $45,250.00, SUB 8669 Major Subdivision Civil Inspection, Brookfield Ambridge LLC, 5960 Inglewood Drive, Suite 200, Pleasanton, CA 94588 000649-9665 / 831000: 61109023, $9,200.00, RA 1130 landscape Inspection Road Acceptance, Brookfield Ambridge LLC, 5960 Inglewood Drive, Suite 200, Pleasanton, CA 94588 000649-9665 / 831000: 61109026, $14,702.00, LP 01-2061 Improvement Flan Check, St. Anne's Parish, 2995 Taylor Lane, Suite #5, Byron, CA 94514 000649-9665 / 831000: 61109027, Torsten &Tineke Jacobsen, 777 Northgate Road, Walnut Creek, CA 94598 $1,575.00, M5 4-96 Map Check Deposit $4,841.00, MS 4-96 Inspection Deposit 819800-0800: 61109024, $1,100.00, RA 1130 Landscape Cash Bond, Brookfield Ambridge LLC, 5960 Inglewood Drive, Suite 200, Pleasanton, CA 94588 410-90 -59L30 , SSB 8,669 : ajar Sub4iv�s€dit Cash► Per drmart a Bdn , l -,o- field Ambridge 1~lC,.5 b0 InglewoodDrive,; Suite 200, Pleasanton, CA 945883::. Subdivision: SLt 8669{ Bond No.: 58608914 .IMPROVEIVtEI' T SECURITY BUND FOR S mmsioN AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 66499 -66499.10)' 1, RECITAL of SUBDIVISION AGRBEWNT: The developer(principal)has executed a subdivision agteenxent with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision 8669 , as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final-map or parcel map for said subdivision.. 2. OBLIGATION. Brookfield Ambridge LLC as principal and fir can of eadln Penns lvanxa a corporation organized and existing under the laws of the State of lllinoi.s , and authorized to transact surety business in California, as surety, hereby jointly and 'severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra,Costa, California to pay as follows: A. Performance and Guarantee. Nine Hundred Bighteen Thousand Five Hundred and 00/100 Dollars 918 500.00 _-� )for Contra'Costa.County or any city assignee under the above County Subdivision Agreement. B. Payments Four Hundred Si2L Three Thousand Nine Hundred and 00/100 Dollars (S 463,900.00 to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section(2.AA.)above is such that if the above bonded principal, or principal's heirs, executers,administrators, successors or assigns, shall in all things stand to and ,abide by and well and truly keep and perforn the covenants, conditions and provisions in the said agreement and any alteration thereof:made as therein provided, on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning slid shall indemnify and save harmless the County of Contra Costa (or city assignee)its officers, agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition,to the face amount specified therefore,there shall be included reasonable costs, expenses and fees, including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. ............. . B. The condition of this obligation, as to Section (2.B.) above, is such that said principal and the undersigned, as corporate surety, are held firmly hound unto the County of Contra Costa and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also, incase suit is brought upon this bond, will pay, in addition to the fact amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees, incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file clainns under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under conditions of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee)shall relieve the surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by the surety; and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken, SIGNED AND SEALED on January 31 2003 --- PRINCIPAL. Brookfield Ambridge LLC SURETY: American Casualty Company of Reading, Pennsylvania Address: 5960 Inglewood Drive, Suite 200 Address: rNA Plaza- 11 Sou h City: Ple santon Zip: 94588 City: Chi , IL Z : 68685 $ By: Print Name: frrro Print Name: Virgi "a Copland Title: __ Title: Attorney-in-Pact C1:1GzpDa131E119Sv1ArQMUl9N WOR 17\BN-12,doc Rcv.33ailary 21,2003 POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY4N-FACT Know An Men by These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Conmpany o Hartford,a Connecticut corporation, and American casualty Company of Reacting,Pennsylvania,a Pennsylvania corporation(herein calix "the CNA Companies*),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of 1lfirx and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint David Slade,Joan Cum mings,Derek Shanks,Virginia Copland. Individually of Landon Ontario their true and lawful Attorney(s)-in Fact with full power,and authority hereby conferred to sign,seal and execute,for and on their behalf bonds, undertakings and other obligatory instruments of similar nature —In Unlimited Amounts-- and to bind them thereby as fully and to the same extent as if such Instruments were signed by a duly authorized officer of thetr corporation: and aft tate acts of said`Atto . pursuant to the authority hereby given is hereby ratified and confinned. This Power of Attorney is made and executed pursuant to and by authority of the By Law and Resolution,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. in Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals t be hereto affixed on this 29th day of January,2002. t� y Continental Casualty Company National Fie lnstirwmw Company of#-laarftd Amerk n Casualty Camp of Iteading.Pertneylvanta SM low ~���1 +✓"`"'( f MlGhaet C�angfer �rtlup'rJ#ye President State of III#nois,County of Cook,ss: On this 29th day of January,2002,before me personally carne Mfolvel Gengter b me knotun,who.behtg byme,duly amm.did depose and say;that he resides in the City of Chicago,State of#proof€;that he is a Group tri President of-Cor*Ww tal Casualty CAxnpWW.an It ,s corporation,National Fire Insurance CorrgxM of Hartford,a Connecticut corporation,and American Casualty C.&npany of Reading, Pennsylvania.a pamw*ania corporation described ribed In and Which exp the above kw1r rarnent;that her Ichwe thoz eek of said corporations- that the seats affixed to the said fn mem aye such oorpotWer seals;that they were so cant to autho oh tayr tttcgr`g of Direckm of said corpabom and that h s s�htei thOreto pursuant fir Nke tdhoriW.aild oclawM s00*116 b+e ttwatloWdoed of said carporat#ons. "OFFICIAL 5EAr `r DIANE FAULKNER Notary N Nic.State,of Illinc is my=sslon Expires 4,f17{0� My Commission Expires September 17,2005 Diane Faulkner Notary Public CERTIFICATE 1, Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth Is W in farce,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed on rev e hereof is s in force. trt testimony whereof l have hereunto subscribed my name and affixed the seal of the said corporations this day of tttsit�,� Continental Casualty Company ' our ' n . '° t National Fire Insurance Company of Hartford s r+� American Casualty Company of Reading.Pennsylvania sem' ns.r xi. ou 5EALY euz ' t897 Mary A. Ribikawskis Assistant Secretary Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following fay-law duly adopted by the Board of Directors of the Company. "Article IX—Execution at Documents Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may, from time to time,appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature.Such attorneys-in-fact,subject the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and seated by facsimile under and by the authority of the following Resolution adopted by the Board o Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seat of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws.and the signature of the secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shaft be valid and binding on the Company.Any such power so executed and seated and certified by certificate so executed and seated shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA, This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duty adopted by the Board of Directors of the Company. "Articte 1/t--trxecutlon of Obligations arta Appointment of Attorney-tn-pact Section 2 Appointment of Attomey-in-fact.The Chairman of the Board of Directors,the►Preplide tt or any,Executive.Senior or Group Vice President may,from time to time,appoint by written certificates attomeys-In-fgit to act in behalf tri the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of liken mature.Such'attomeys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by/their signature and execution of any such instruments and to attach the seat of the Company thereto.The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney4n-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Beard of Directors of the Company at a meeting duty c al#W and held on the 17th day of February, 1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article Vt of the Ey-taws,and this signature of the Secretary or an Assistant Seastaty and the seat of the Company maybe affixed by facsimile to any certificate of any such PMW and any power or certificate bearing such facsimile signature and seal shall be vafid grid binditV on the Conif aarsy:Any such poW so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking tri which itis attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance, bonds,undertakings and other obligatory instruments of like nature.Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President,an Executive Vice President,any Senior or Croup Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attomey-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. "RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seat of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seat shall be valid and binding on the Corporation. Any such power so executed and seated and certified by certificate so executed and sealed,shall .,ifh rpgnart to anv bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." Title of Document - Bond #58608914 ACKNOWLEDGEMENT OF CORPORATE SURETY Province of Ontario County of Middlesex , to wit: On, January 31, 2003 before me, 16 er Notary Public, personally appeared, Virginia Copland, Attorney-in-Fact for American t sualty Company of Reading, Pennsylvania, personally known to me to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the person(s) acted, executed the instrument. WITNESS my hand and seal. Signature ' r Notary P ►c My Commission Expiresd—�91 Ir This area for official seal G:1Data\Copland\WordlSonds\American Cas.Co.of Reading,PN-Bonds\Acknowledgement for Bond.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT ti r � C•;j if State of California r ss. .; County of tai On Dobefore me,_ _ r Data Name and TBla of Officer(e.g.,"lone Doe,Notary,Public') personally appeared t4� Name(s)of Signer(s) - j ;Ppersonaliy known to me Iry ❑ proved to me on the basis of satisfactory i s p evidence r6 I, ' DL-SRA L. LEVINNEE (� ti Ct3WO.#1218097 to be the person(e)r whose dame(&) is/afe- k �► WA}3Y PUBLIC-CALlFC1RNIA 0 subscribed to the within instrument and Fal AMEDA COUNTYI r) -FXP.MAY 3,2003 j acknowledged to me that hels4ef44ey executed the same in hislho;A4@4 authorized ; capacity(ie4 and that by his/h@4*h+ °i nature si g (s}•on the instrument the person(&},or the entity upon behalf of which the person¢&'} r acted, executed the instrument. I WITNESS my hand and official seal, # 's.'.. Signature of Notary Public, OPTIONAL Though the information below is not required b law,It may rove valuable to persons relying on the document and could prevent J� 5 q Y Yp P Y�5 fraudulent removal and reattachment of this form to another document. Description of Attached Document v fj Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer r Signer's Name: ?a Top o of thumb here Ll Individual ❑ Corporate Officer—Title(s): '1 n- Partner— I_: Limited ❑General , Attomey-in-Fact rf ❑ Trustee Eli ❑ Guardian or Conservator ❑ Other: Signer Is Representing:-----.— o epresenting: .—o 1999 Nationai Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth.CA 913132402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toli-Frse 1.800-676-6827 1/14103 FATCO$42 8669 Tax Collector's'Office} William J.Pollacek 625 Court Street Contra F� County Treasurer-Tax Collector Finance Building,Room 100 P,C.Box 631j"` #. Russell V.Watts Martinez,California 94553- Costa Chief:Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor l Date: 1/14/2003 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPENFOR COLLECTION' (R&T CODE 2606) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract MS# city T.R.A. 8669 SAN RAMON 66383 Parcel# 223-100-014-8 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2002-2003 tax lien has been paid in full. Our estimate of the 2003-2004 tax lien, which became a lied on the first day of January, 2003 is $475,800.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasurer-Tax Collector Bond No. 58606856 PRINCIPAL TME COMPANY OMTY First American Title Co. American Casualty Company of Broafdi'idd Ambi dge 1355 W'Mow Way,#101 Reading, Pennsylvania 5%0lhglewood Dr.#2M Concord,Cid 94510 CNA Plaza, 13 South pleasabun,CA%588 Attu.: Barbara Plow Attu; Moose Phone: 923-356-7'025 Chicago, Illinois 68685 �Slno+•c : R I.5- 443-Z60o FATCO#632800Tax MIM y 1 ear 200312004 BOND AGAINL TAMS KNOW ALL MEN BY THESE PRESENTS: THAT, Brookfield Arr bridjM.LLC`a I3e1a-ware Urmitwd I.WIlity Cornnany as principal and(Surety)American Casualtyy roL aUN of up-ac,Ing ,PQ, syiv,n , PL corporation organized and existing under the laws of the State of I11 i .,nns is , and authorized to transact surety business in California as surety are held and firmly bound unto the County of Contra Costa,State of California, in the penal sum of hun rad wye—aty„fie thous gi t hnttdrsd-Dollan(. , ,J,to be paid to said County of Contra Costa for the payment of which will and truly be made, we and each of us bind ourselves, our heirs,executors, administrators and successors, jointly and severally,'firmly by these presents. Sealed with our Seals and dated this 27th —day of January 2003. The conditions of the above obligation is such that WIMEAS, the above bounded principal is about to file a snap entitled Tinct and Covering a subdivision of a tract of lard in said County of Conus Cote and there are certain Herts for taxes and special assessments collected as taxes,against the said tract of land covered by said map, which taxes and special assessments'collected as taxes, are not as�yet due or payable. NOW,'THEREFORE, if the said ftnei s1,shall pay all of the taxes and special assessments collected'as taxes which are a lien against said tract of land covered by said map, at the time of the filing of said map of said tract, then this obligation shall be void and of no effect, otherwise it shall remain in full force and effect. Bramkfleld Ambridge,LLC,a Delaware Limited Liability Company BY Q-LA-�.- V, Principal gay Virginia Copland (Attorney-in-fact) (notary acknwwiecl�;tr�ent/aita�ched) DATE: _111S 9�/c BOND REVIEWED AND APPROVED CONTRA CC?TR TA 9OUNITy LLECTOR BY, POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Knew All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire insurance Company o Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein ca€te 'the CNA Companies,.),are duty organized and existing corporations having their principal offices in the City of Chicago,and State of Illinc and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint David Made,Joan Cummings,Derek Shanks,Virginia Co land, Individually of London,antario their true and lawful Attorneys)-in-Fact with full power and authority hereby conferred to sign,seal and executer for and on their t>ehaif bunds, undertakings and other obligatory instruments of similar nature --In Unlimited Amounts--- and to bind theist thereby as fully and to the same extent as if such instruments were signed by a duty authorized officer-of their Corporation., and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirm f. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duty adopted,as indicated.by the Boards of Directors of the corporations. in Witness Mereof,the CNA Compantes have caused these presents to be signed by their Vice President and their corporate seals t' be hereto,affixed on this 29th day of January,2002. `. Continental Casualty Company errawo Natlanal Fire lowarsce Company of Hartfbfd Aunmimn Casualty Company of Reading,PenrMytvanla SEAL A+Nc hael Genyter' Group Vlo Pr fent State of Illinois,County of Cook,aS: On this 29th day of January,2002,before me personally came Michael Gengler to mar k wvm,who,bokV by Mer duty sworn did depose and say:that he resides in the City of ChkxW,State of!!!mals;that he Is a Cooup Vice President of Coroner t # corporation,National#:=Ire Insurance Company of Hartford,a Connecticut corporation,and yY parTg.y. tllinomis ���scraity��nSr'of t�artfitag. Penrisylvania,a Pennsylvania corporation described In and which executed the above inslrurnent;,that he ltd alar sea*of tom#c oMorations; that the seats afted d to the:said Instf'tarnM ate such corporate seats;that tttey were so after Pax uarxt foal authority�authoby than]Boards of Directors,of serf Mporstions and ttma�t he s NO�thereto pursuantto like aut#� andkrtourfls'd4000,to be 111*110 anof deet!of said corporatkx "OFFICIAL SEAV DIANE r-ti;R l+tOtory Nerblrt.Stas�tate of IilIr1GF# My0 CIAO Camrrrlsson l4xpires fJtTIQS �, �, y My Commission Expires September 17,2005 Diary Faulkner !Votary Public CERTIFICATE 1, Mary A. Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,!National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still In force.and further certify that the By--Law and Resolution of time Board of Directors of the corporations printed on the revgvse hereof is soil In farce.In testimony whereof I have hereunto subscribed my narrre and affixed the seal of the said corporations this day of , ��43 qtr ad �a prsrNrpe Continental Casualty Company. n+urs n e7 �w�°e° National Foe insurance Company of Hartford a ° American Casualty Company of Reading,Pennsylvania 1 AXY It. t3 SEAL 107 6rA e l+L Mary A.Ribikawskis Assistant Secretary .._~-............................__~_^---'...........~__~_.........................~__ ........... .......... ---_____- - . . ' Authorizing and Resolutions ADOPTED BYTHE BOARD DFDIRECTORS OFCONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duty adopted by the Board of � Directors ofthe Company. / "Article IX—Exec^tfowvmf Documents ! Section 3.Appoinhner���A�zmoy-in-hao�.Tbe�h�inn�nof8nyBnmdofOinenozm.thePesk1entoranyExecuUve, Sen�,mr � � me to time,appoint by written certificates i �o act in behalf of theCon� ~'--, -- ' bonds, and ��unn�enusc*ouenarum uo�n�oo / oa subject pany in the e�acu8onofpo|�ie�of��ur�noe. . vno�n�^,vy* ="*'�`,.v . .'. the limitations set forth in respective cerhfioateoofau8xority\shoUha h/full power 8zbind the Company h signature and execution ofany such imsnu/ e and toattach the seal uythe Company thereto,The Chairman of the Board wfDirectors,the President or any Executive, Senior or Group Vice President or the Board of Directors, may,at any time,revoke all power and aulhority � previously given hnany attonn*y-in-fac.^ ! This Power mfAttorney is signed and seated by facsimile under and by the authority of the following Resolution adopted bythe Board o � Directors ofthe Company etameeting duty called and held onthe 17thday cfFebruary. 1983. "Resolved, that the signa� executed and seated and cert I�by certi icate �ontand�naseal of the Company may re attorney an ed muant'o Section 3 of eal a Ix and the mpany Ma b ed y Imll h 11 natu and as valid an n an s c ed be affixed by facsimile on, � X of the By-Laws,and the signature of the secretary or an Assistant S . cr !mile to any certificate of any such power and any power Or certificate b ng Ing on the Company.Any such power so if executed a seat hall,w th res to any bond or undertaking to which it is � a�a�hed.conMnuatobav�m�n�omomgonmw�o"�° o` � , ADOPTED BY THE BOARD OFDIRECTORS OFAMERICAN CASUALTY COMPANY OF READING, ' This Power of Attorney is made and executed pursuant mand by authority of the following By-Law duty adopted by the Board of � Directors cfthe Company. -~~~c_ ,. _- ecutlon of Obligations and Appointment of Attorney4n-FAct � Section 2.Appointment of Attarney-In-fact.The Chairman of the Board of Directors,the"Ident or ai.ny'Executwe,Senior or Group Vice President may,""""time to time.appoint by written certificates attorneys-lfl�ftdtbad In behalfof the Company in the," execution of policies of insurance,bonds,undertakings and other obligatory instrurneriti of like nature.Stich attomays-in-W,subiect to the timitaitions;set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the-seat of the Company thereto.The President or any Executive,Senior Or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." , of the �am�u�m�au�p�������o��|c� Th�Pcwm�m* ---by -,* 1693. - � Dhec�mmvmthe c�wmpanr*"a"=~~~,duty called—and held ' -Resolved.that the signeture of the President or any Executive,Senior or Group Vice President and the seW of the Company may be affixedNed by lbesirdle to any certl&*te Of any,%10h power" Secretary or an Assistant SecrOtOrY and the SOW of the Company may be aftj any power Or certificate bearing such facsimile signature and seAl shall b6 Valid and t4iding on the CodoaW;Any.such:powetso executed-- --- d certified by certificate SO executed and sealed shall,with respect to any bond or undertaking t6"16h ltig v��and 6hn�mgon�e Company." � a�aohs�,conGnue%o�� � 4DOpTED BY THE 13OARDOFDIRECTORS OFNATIONAL FIRE INSURANCE COMPANY OFHARTFORD: � This Power of Attom8Y is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, � 1S93bythe Board ofDirectors ofthe Company. 'RESOLVED:That the President,an Executive Vice President.or any Senior or Group Vice President of the Corporation may,from time to time,appoint.by written cellificates.AttomeysAn-Fact to act in behalf of the Corporation in the execution of policies ofinsurance, bonds.undertakings and other obligatory instruments,of like nature.Such Attomey-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto.The President,an Executive Vice President.any Senior or Group Vice President or ' This Power ofAUor ey|ssigned mndsea�dbyfacsimile um�rand by�eaudn�ityoy�efollowing RosoluVonadopted bythe Board o/ '' Directors cfthe Company etemeeting duly called and 17th _�FabmmY. 1993. � "RESOLVED:�ThatLhsignatureofthePnasiden8.onExacuUveV�epresNon orany Sen�rmGumpVloePnau�en and�eseal � ~ facsimileany power ofut{om*ygranted pmsum,�tnU`aRosoutionadopted bythis Board of Directors on ma of�hoCorponoUonmoybaefh:odbyonof Secretary oranAssintao{8eor�aryundthen~=` �u^�c�UhaCo/ ahonnxsyk* affixedby(ocsimUetuanyce�ihc«!emanyauo»Pow� � r' u»�anypower cxoo�iMnok*bearing such �~`~{mi(esignature and seat shnUbe va�idondbind�nyon��eCorcm/ahon�Anyauc»po�erm»�«�c � u(edandsea|edandce�ihedUycertificate uoexeuu� ' executed ahashall! /owhnue|uUav*Udandbindingo^"= Corporotion~ Title of Document - Bond #58606856 ACKNOWLEDGEMENT OF CORPORATE SURETY Province of Ontario County of Middlesex , to wit: On, _ January 27, 2003 before me, td 0./t car T)✓1 Notary Public, personally appeared, Virginia Copland, Attorney-in-Fact for American Casualty Company of Reading, Pennsylvania, personally known to me to be the person(s) whose name(s) are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the person(s) acted, executed the instrument. WITNESS my hand and seal Signature ,. ' Notary Pu lc 1� My Commission Expires � d'4 This area for official seal G:ldata\Copland\WordlBonds\American cas.co.of Reading,PN-BondstiAcknowledgement for Bond.doc NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA }ss COUNTY OF } On r�,,to , before me ►r _, 1. ' �Yt , a Notary Public in and for said State, personally appeared e i V 'sso, personally known to me( ).to be the person(eywhose name(4 is/am subscribed to the within instrument and acknowledged to me that e/sheAhay executed the same in his/l am-authorized capacity(ies�-and that by his,/hre#their signature(eyon the instrument the person(*-or the entity upon behalf of which the person(l* acted, executed the instrument. WITNESS my hand and official seal. *° DEBRA L. I..EVINE COMM.0 1218097 NOTARY PUBLIC-CALIFORNIA ALAMEDA COUNTY 0 COMM.EXP.MAY 3,2003 e Signature NOTARY.BLK(Rev W4) s RECOR D NG REQUESTED BY: CONTRA COSTA Co Recorder Office STEPHEN Lt 41EIR Clerk-Recorder wHEN RECORDED MAIL TO. DOC— 2003-009162 —00 Thursday, FEB 27, 2003 10:27:21 FRE $0.00 �' - ; - ,�, `� , Tt I Pd $0.00 Nbr-0001341172 rre/R9/1-4 THIS SPACE FOR RECORDERS USE ONLY DOCIagNT TITLE v THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFO ADDITIONAL RECORDING FEES APPLIES ow .. co THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on February 25, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GERBER, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.20031/ 133 SUBJECT: Correcting errors on Resolution No 2003/26 accepting improvements for Subdivision 7796/7980, being developed by Shapell Industries of Northern California, San Ramon area. (District III) The Public Works Director has notified this Board that certain information on the Board Resolution No. 2003/26 (attached)was incorrect. NOW THEREFORE BE IT RESOLVED that on the recommendation of the Public Works Director, Board Resolution(2003/26)is hereby CORRECTED: Lengths (Miles) Lengths(Miles) Road Name Road R/W Widths AS ACCEPTED AS CORRECTED N. Chanterella Dr. 40'/64' .030 .24 Rosincress Dr. 40'/46' .011 .09 Canna Way 36'/56' —40'/64' .001 .04 Sorrelwood Dr. 36'/56' .038 .37 Sorrelwood Ct. 36'/56' .018 .18 S. Orale Ridge Rd. 58'/82' —40'/64' .021 .25 Bollinger Canyon Rd, Varies .060 .78 JG:cw I hereby certify that this is a true and correct copy of an action 0:\GrpBata\EngSvct130l200312-25-03\SUB 7795-7980 BO-50.doc taken and entered on the minutes of the Board of Supervisors on Originator: Public Works(ES) the date shown, Contact: Teri Ric(313-2353) cc: Recorder,(via clerk)then PW Records ATTESTED: RUA&..25, 2003 City of San Ramon Joye Fukuda JOHN SWEETEN,Clerk of the Board of Supervisors and 2222 Camino Ramon County Administrator San Raman,CA 94583 Shapell Industries of No.CA Sam Worden f P.O.Box 361159,100 N.Milpitas By_ ZAPDeputy Milpitas,CA 95035 , RESOLUTION NO.2003/ 133 CONTRA COSTA Co Recorder Office STEM L. WEIR Clerk-Rewcer Recorded at the request of: DOC - 200 -0021198-00 Contra Costa County Wedn* Board of Supervisors d&y, JAN 15, 2e03 10:13:51 $0.00 Return to: FRE t T 1 Pd Public Warks Department 4 Engineering Services Division Records Section 1 r t/R 9/1 7 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on January 14, 2003,by the following vete: AYES: SUPERVISORS UIIXR4A, GERBER, DESAULNIER, GWVER, AND GIOIA NOES: None ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 26 SUBJECT: Accepting completion of improvements for Subdivision 779617980,San Ramon area. {District III} The Public Works Director has notified this Board that the improvements in Subdivision 7796/7950 have been completed as provided in the Subdivision Agreement with Shapell Industries of Northern California, heretofore approved by this Board in conjunction with the filing of the Subdivision Map. JG:ew I hereby certify that this is a true',and correct copy of an G:\GrpData\EngSvc\BO\2002\t-I 4-03\ SUB 7796-7980 RO-45.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Supervisors on the date shown. Contact: Teri Ric(313-2363) cc: Public Works -952578030,Accounting ATTESTED: JANUARY 14, 2003 T.Bell,Construction Div. JOHN SWEETEN, Clerk of the Board of Supervisors M.Valdez,M&T Lab. and County Administrator •1.Bergeron,Mapping Div. Recorder(viaIrk,then PW Engineering Services J.Fukuda,City of San Ramon 2222 Camino Ramon San Ramon,CA 94583 By ,Deputy S.Savage&S.Worden le Shaped Industries of Northern California 100 N.Milpitas Blvd. Milpitas,CA 95035 American Casualty Company of Reading,PA 21650 Oxnard Street,Suite 760 Woodland Hilts,CA 91367 RESOLUTION NO.21303,! 26 SUBJECT: Accepting completion of improvements for Subdivision 7796/7980, San Ramon area.(District III) DATE: January 14, 2003 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of January 14,2003,thereby establishing the six-month terminal period for the ding of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK./SURETY October 14, 1997 American Casualty Co.of Reading,PA BE IT FURTHER RESOLVED the payment (labor and materials) surety for $2,985,500, Bond No. 158774790 issued by the above surety be RETAINED for the six month lien guarantee period until July 14, 2003, 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 N. Chanterella Dr., Rosincress Dr., Conna Way, Sorrelwood Dr., Sorrelwood Ct.,and.S.Cate Ridge Rd., the hereinafter described roads,as shown and dedicated for public use on the Final Map of Subdivision 7796/7980 filed October 29, 1.997,in Book 315/396 of Maps at Page 8 and 47, Official Records of Contra Costa. County, State of California,are ACCEPTED as complete. Upon acceptance by the Board of Supervisors,the San Ramon City Council shall accept the public improvements for maintenance in accordance with the Dougherty Valley Memorandum of Understanding. Read Name Road-R/W Widths Lengths (Miles) N. Chanterella Dr. 40'/64' .030 R.osincress Dr. 40'/64' .011 Canna Way 36 /56 -40'/64' .001 Sorrelwood Dr. 36'/56' .038 Sorrelwood Ct. 36'/56' .018 S. Cale Ridge Rd. 58'/82'--40'/64' .021 Bollinger Canyon Rd. Varies .060 BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established, and the $57,300 cash deposit(Auditor's Deposit Permit No. 294281, dated April 24, 1997). and additional$2,400 cash deposit(Auditor's Deposit Permit No. 302256,dated September 30, 1997) made by Shapell Industries of No. California and the performance/maintenance surety bond rider for$886,700,Bond Number 158-774-790 issued by American Casualty Co.of Reading, PA be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION NO. 20103/26