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MINUTES - 02252003 - C9-C14
Col THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 25, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UI.LREMA, GERBER GLOVER AND DESAULNIER NOES: NODE ABSENT: NONE TRAFFIC RESOLUTION NO. 2003/4007" ABSTAIN: NONE Supervisorial District IV SUBJECT: Pursuant to Section 22507 of the California Vehicle Code declaring parking to be prohibited at all times on the east side of S. Buchanan Circle (Road No.3975AL), Pacheco area. The Contra Costa Board of Supervisors RESOLVES that: On the basis of a traffic and engineering survey and recommendations thereon by the County Public Works Department's Traffic Engineering Division, and pursuant to County Ordinance Code Sections 46-2.002-46-2.012,the following traffic regulation is established (and other action taken as indicated): Pursuant to Section 22507 of the California Vehicle Code parking is hereby declared to be prohibited at all times on the east side of S. Buchanan Circle (Road No. 3975AL), beginning at a point 720 feet east of the Center line of the intersection of Pacheco Boulevard and extending easterly a distance of 25 feet, Pacheco area. I hereby certify that this is a true and correct Copy R8T:AH:Je of an action taken and entered on the minutes of c:NGrpDatalTransEng12043\BO-TR14047-3975A1_.aoc the Board of Supervisors on the date shown. Orig.Dept.: Public Works(Traffic) Contact: Rots Tavenier,(313-2254) cc: California Highway Patrol FEBRUARY ��, 2003Sheriff's Department ATTESTED: JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By ' Deputy TRAFFIC RESOLUTION NO. 2003/4007 THE E3OARD 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 TRAFFIC RESOLUTION NO. 200314006 ABSTAIN: NONE Supervisorial District 11 SUBJECT: Pursuant to Section 22507 of the California Vehicle Code declaring parking to be prohibited at all times, on the north side of Clark Street (Road No. 2295AG), Crockett area. The Contra Costa Board of Supervisors RESOLVES that: On the basis of a traffic and engineering surrey and recommendations thereon by the County Public Works Departments Traffic Engineering Division, and pursuant to County Ordinance Code Sections 46-2.002-46-2.012,the following traffic regulation is established (and other action taken as indicated): Pursuant to Section 22507 of the California Vehicle Code parking is hereby declared to be prohibited at all times,on the north side of Clark Street(Road No. 2295AG), beginning at a point 90 feet east of the center line of the intersection of Vallejo Street and extending easterly a distance of 10 feet, Crockett area. RBT:CM.je I hereby certify that this is a true and correct Copy c:iGrpDataiTransEng\2003\BO-TRN4006-2295AG.doe of an action taken and entered on the minutes of Orig.Dept.: Public Works(Traffic) the Board of Supervisors on the date shown. Contact: Rob Tavenier,(313-2254) cc: California Highway Patrol Sheriffs Department ATTESTED: FEBRUARY 25, 2003 JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator 7 By =' , Deputy TRAFFIC RESOLUTION NO. 2003/4006 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,';CALIFORNIA Adapted 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/ 124 SUBJECT: -Approve, Subdivision Agreement (Right-cif-Way Landscaping) for PA. 0004 (crass-reference SUB 7976) Main Branch Park being developed by Windemere ere BLC Land Company, LLC, A California Limited Liability Company, San Ramon (Dougherty Valley) area. (District III) The following document was presented for Board approval this date for PA 0004 (cross- reference SUB 7976)Main Branch Park located in the San Ramon(Dougherty Valley) area. A Subdivision Agreement (Right-of-Way Landscaping) with Windemere BLC Land Company, LLC, A California. Limited Liability Company, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right-of-Way Landscaping) within one year from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right-of-way landscaping as required by Title S and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $11,300.00 Deposit made by: Windemere BLC Land Company,LLC Auditor's Deposit Permit No. and Date: DP 400005,February 5, 2003 LT:cw I hereby certify that this is a true and correct copy of an r:torpData\Engsvc\BO\2003i2-25-03\PA 0004 Ba-16.doc action taken and entered on the minutes of the Board of Originator; Public Works(ES) Contact: Teri R.ie(313-2363) Supervisors on the date shown. cc: Public Works- T.Bell,Construction Current planning,Community Development T—12-28-03(Pl) ATTESTED: FEBRUARY 25,' 2003 Windemere BLC Land company,LLC Brian JOHN SWEETEN Clerk of the Board of Supervisors and 3130 Crow Canyon Pl.,##310 County Administrator San Ramon,CA 94583 American Motorists Insurance Company Patricia H.Brebner 7470 N.Figeroa St. Los Angeles,CA 40041 By .Deputy RESOLUTION NO.2003/ 124 SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for PA 0004 (cross-reference SUB 7976) Main Branch Park being developed by Windemere BLC Land Company, LLC, A California Limited Liability Company, San Ramon (Dougherty Valley)area. (District III) DATE: February 25, 2003 PAGE: 2 II. Surety Bund Bond Company: American Motorists Insurance Company Bond Number and Date: 3SM04987300, January 29, 2003 Performance Amount: $1,111,200.00 Labor&Materials Amount: $561,250.00 Principal: Windemere BLC Land Company, LLC NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right-of- Way Landscaping) is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/124 .. ..... ..... . .::: :. . r COUNTY OF CONTRA COSTA DEPOSIT PERMIT FFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA f RECEIVED FROM tf7rgarnzntron; ORGANIZATION NUMBER x l (For Cash Collection Procedures see County Administrator's Bulletin 165.) DESCRIPTION FUND/ORG. SUB. ACCT. TASK OPTION ACTIVITY AMOUNT 1 � �-/ ��2a�{�-,� ��} { }�✓••— �" K_ °�'' Vii' � �f � p.�r, tt.✓ � -!b'�` i�f�y4 r (jk4/ I T- /° 1f g" d 1 ft' t i 3 . P* ,�, I'�}./} ,�; e, ti- f(` +ll °:✓ � �r! nt i. +��f� fi i,:x ,,I?`�``.. "t t " ..»I '���. + l .R`1 .a +r ,„,:x 4„ J 4 ,! '"1 •.� _ `'rF/ / 4 " -7; .. L;'� # �<'. i� � � ;' � � r T / h � 3 i u / 1 1 f I �t IL t EXPLANATION: � I C' TOTAL $ s DEPOSIT " De pr sit consists of the f0 11owin f#ems # C4It�I and:CURRENCY $ 4 i&S,M.O.,ETC. s.LN `-'V77,59 BANK DEPOSITS $ FOR AUDITCHt-CCsNTRULIER USE ONLY DEPOSIT icj - t J i _ PERMIT ���, NUMBER DATE' ". t > ASsrNED The amount o motley described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby M deposit into the County Treasury" acknowledged. ,r Signed: Title r'( '. L" v` - / fi. 1' Signed: Signed. > Deputy ounty Auito. Deputy County Treasurer E)-34 REV. / t o 3 U t A CrN "} t ,( i. i 1 lltaL)/`s �a eei L� 5�C f 8cnd:t Wi.nd.erre . Laid Ga;tar�y, L1~C, 3.10 Craw Canyon :Plat Suite #31.0 San.Ramon, CA 94583 000649-9665 / 831000: 61109029, $90,300.00, PA 0004 (X-ref SUB 7976) Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon Place, Suite #310, San Raman, CA 94583 000649-9665 / 831000: 61109031, $6,100.00, SUB 4990 Major Subdivision Improvement Inspection Deposit, Mariner Estates, LLC, 222 Rush Landing Road, Novato, CA 94948 ......... ....... SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and §66463) Subdivision: PA 0004(Cross-Ref SUB 7976) -- Effective Date: Subdivider: Windemere BLC Land Comoany LLC Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: w1NDEMEREBLC LAND COMPANY LLC, A California limited liability Company By: LEN-OBS Windemere,LLC, CONTRA COSTA COUNTY SUBDIVIDER A Delaware limited liability company Managing Member BY:Lennar Homes of California,Inc., Maurice M. Shiu, Public Works Directq� Managing Member f � z � (signature) By: s t „ ,.E 1 s.<. (print name&A�) on arson,vice President RECOMMENDED FOR APPROVAL: X (signature) ✓z _- - . By: (print name&Title)//Lynn Jochi sst.Secretary Engineering Servic ivis 'n FORM APPROVED: Victor J. Westman, County Counsel (NOTE:All signatures to be acknowledged. If Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"County,"and the above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private), drainage improvements, signs, street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider 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,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ 11 300.00 cash,plus additional security,in the amount of $ 1 111 200.00 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 letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 561 250.40 which is fifty percent(50%)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 band. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense, any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County, bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider 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, Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement, or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,officers,agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below, and including personal injury,death,property damage,inverse condemnation,or any combination of these, and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liabillty are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,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: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of thc.. County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection, surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces, including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith, even if Subdivider 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,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Q State of California « ss. iA County of �_ C1 On Va X1_) , before me, Date ti None and Title of Officer(e.g., Jane Doe.Notart PublIc") personally appeared C`�l�'`� k \ �� �1l 1Y Narna(s)of Sf ner(s) y a personally known to me ❑ proved to me on the basis of satisfactory evidence a s to be the person(s) whose name(s) Ware ` T.AUSTIN subscribed to the within instrument and Commission# 1378739 z acknowledged to me that heAshelthey executed rm Notary Public - California Contra Costa County the same in htseJtheir authorized l capacity(ies), and that by h4sAwltheir MyComm, xp3res4ct7,70Qb signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ........... �_ �and and offi ial sea{. "4•- -___.� - Signature of Notary Pubfc OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: r Document Date: Number of Pages:_ g Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: NOW ❑ individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association-9350 De Soto Ave.,P.O.Sox 2402•Chatsworth,CA 91313-2402•www.nationa1notary.cr9 Prod.No.5907 Reorder:Cail Toll•Froe 1-800.878.6827 Executed in Duplicate Subdivisiout FA (=47076)707'6) Bond No.; 33M 049 873 00 Prexni.u=— 5,556.00 IMPROvem-ra SECURITY BOND FOR PUBLIC RIGHT OJF WAY LANDSCAPE AGREEWNT (Performance,Guarantee, and Payment) (California Government Code Sectio as 66462 and 66463) 1. WCI-fAL 0 SU D3VT 14ON AGR :E?lNM: The Principal itis executed an agreement with the County to install and pay for public right of way landscaping,and other related improverrienis in Subdivision EA 0004 JCross-&f SV-D-'79761 as specified in the Subdivision Agreement(Right of Way Landscaping), and to complete said work wiftn the time specified for completion in the Subdivision Agreement(.Right of Way Landscaping), all in accordance with State and lord laws and rulings Cher order in order to satisfy conditions for filing of the Final Map or Parcel leap for said Subdivision. 2. OBLIGATION-. WiUdegLere ALC Land Co an LLC, as Priv l An%erican Motorists Insurance Company a corporation org4nized w4stiag under the laws of the Stag of Iditols and authorized to transact surety business in California, as Surety, hereby jointly and'severally bind ourselves, our heirs, tutors, admixustrators, successors, and assigns to the County of Centra.Costa, California to pay it. A. Performance artd G 2rauteet One Mi.Uion_One Hundred Eleven 'ThgU and Two Hundred and no/100 Dollar( 111,200.00 —J for itselfor any city assignee under the above County Subdivision Agreement,plus H. Payment,- 'Five Hundred Sixty One Thousand Two Hiindred Fifty and no/100Dollars ($i6l,250.00 wJ to seeurr the claims towhich reference is made in Tale (commencing with Section 3082) of Part 4 of Division 1H of the Civil Cade of the State ofCalifornia. 3. �C1CrIIO3; A, The Condition of this obligation its to Section 2.(A) above is such that if tate above bounded Principal, his or its heirs,executers,administrators, successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the cov ants conditions and provisions in the said agreement and any alteration thereof made as therein provided,on is or its part,to be kept and peTforrned at the time and in the mariner therein specified,and in all respects according to their true intent and meaning, and shall indernnify and save Mess the County of Centra Costa (or city assignee),its officers, agents and ernployces, 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 seed h a rby and in addition to the face amount speciftexl.therefore,them shall be included costs and to oeabit expenses and fees, including reasonable attora Ws fees, incurred by County (or city=sip=) in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. W The condition of this obligation as to Section 20) above is such that said Principal and the undersigned as corporate surety aro held firmly bound unto the County of Camra Costa and all con=tors,subcontractors,laborers,material men and other persons employed in the perfornaatice of the aforesaid agreement and refwad to in the aforesaid Civil Cade for materials furnished or labor thereon of any land,or for mounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the samt� in an amount not exceeding the amount herein above set forth, and also in case suit is brought ipon this bond, will pay, in addition to the fact amount thereof, costs and r enable expenses and fees, including reasonable attorney`s fees, incurred by County(or city assignee)in successfully enforcing such obligation,to be awarded,and fixed by the court,and to be taxed as casts and to be included to 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 coqxwadom entitled to frit:claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Cade,so as to give a right of action to them or their assigns in any suit brought upon ibis b+xd- Should the condition of this bond be fully perfomed then this obligation shall become mill and void, otherwise it shall be and rematrt in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreedto by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such aheration without further notice to or consent by Surety; and the Surety hereby waives the provisions of California Civil Code Section 2819,and holds itself bound without regard to anti independently of any action against Principal whenever takers. SIGNED AND SEALEb On January 29, 2003 WINDEMERE BLC LAND' COMPANY, LLC By: Lennar Homes of California, Inc. AMERICAN MOTORISTS PRINCIPAL; its manager SURETY; INSURANCE COMPANY Address; 3130 Crow Can o Ste. 300 Address: 7474 N. Figueroa St. Ci San 2amon p, 94583 City: Los n eles, CA Zi 90041 BY! ��49Add4d-ltBy; Print Name: Lawrence H Print Namz: Patricia H. Brebner Title: Vice President Title: Attorney-in-Fact ♦U. 3!WS0SfHARDATA%GMDA"%ft4r-44Wa+a'4N tVC1FGDUS:�-12X 40C Rev.hou 17,tM CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On January 30, 2003before me, S. McDonald, Notary Public, personally appeared Lawrence H. Thompson, 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 capacity, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. 5. INC DONALD Comrniss2or?#2260983 Witness my hand and official seal. ,, Notay pLtAfc-o3oc rnio Or("rge County [,iC�",!re '_.*pr s'3 i��i"t 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: Corporate Officer—Vice President Lennar Homes of California Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Improvement Bond No. 3SM 049 873 00 Number of Pages: Two Q Date of Document: January 29, 2003 Signers (other than those named above): Patricia H. Brebner CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Grange On January 29, 2003 before me, Alexis H.Bryan,Notary Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared Patricia H.Brebner , NAME(S)OF SIGNER(S) personally known to me•OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ALEXIS ZY,/',N WITNESS my hand and official seal. Gomm?ssion#1346738 Z Notary Public-Caiifornia z Orange County ! EYprirps lun 1,2005 SIGNATURE NOTARY P i..0'rtsT; OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LI MITED GENERAL ® ATTORNEY-IN-FACT TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(5)OR ENTiTY(iES) SIGNER(S)OTHER THAN NAMED ABOVE S-4067/GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O Box 7184•Canoga Peri(,CA 91309-7184 ._. .._... _....._ __... . ...._._. ........ ................ ... ... .... _. ._. _ . . _...... .. ............. ......... ROWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the"Company") do hereby appoint' Jane Kepner, Mike Parizino James A. Schaller , Alexis H. Bryan , Nanette Mariella-Myers Linda Enright , Leigh McDonough , Jeri Apodaca , Patricia H. Brebner ,, Suzanne Edwards and Rhonda C. Abel of COSTA MESA , CA (EACH) . their true and lawful agent(s) and Attorneys)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings I EXCEPTION: NO AUTHORTY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-ln-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designatedin writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it attached, shall continue to be valid and binding upon the Company." FK 09 75 (Ed. 09 01) Page 1 of 2 Printed In U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this Novernber20,'1001. Lumbermens Mutual Casualty Company Attested and Certified: American Motorists Insurance Company American Manufacturers Mutual Insurance Company e AAiLUM 4 1(i 111 - CGA20Ait14N UVI UW Gary J. ty, nior Vice Pres' t rKtnway, Corpor Secretary STATE OF IWNOIS SS COUNTY OF LAKE SS I, Maria I. Omori, a Notary Public, do hereby certify respectively as Senior�Vyce Preside Ka Corpora athat Gary J.. Tlland John Conwy soSec�'etarY ofnthe to me to be the same persons whose names a es pe Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged ith the ate seals and d that they being there d � was their rfree strument ownu and von airy actshfor then aid unto duly authorized signeuses and as the free and voluntary act of said corporations and purposes therein set forth. "OFFICIAL SEAL" GZ�Z�Ll1(..,,�. N"fA I.OM0RI NUTARY PUBLIC.StATE Of IIUMM Maria I. Omori, Notary Public W(0WS$10NEXMREs 17 ZQM My commission expires 9-17-03 CERTIFICATION 1, J. K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists insurance Company, and the American Manufacturers Mutual Iour nce Compsnyasdo herabo eerti#a tug and that the attached Power of Attorney dated Novemf ber2o, 2401 on be P correct copy and that the same has been ifurtherforce cert ty that thect since said Gary date J.thereof Tully, is in fLdl force executed theand Powerr�of on the date of this certificate; and l Attorney as Senior.Vice President, was on the date of execution of the Lathe Amoerican Motorists is Insurance elected Senior Vice President of the Lumbermens Mutual Casualty Company, Company,and the American Manufacturers Mutual Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Lumbermens Mutual Casualty Company,;the American Motorists Insuarce Company, Q3 the American Manufacturers Mutual Jan Insurance Company on this 29th _—day of e �rPOratar�etary � «�' doh K. onway, _oma" kings sPecific8BY This Power of Attorney limits the acts of those named therein to the bonds and d toh�tent herein taadnamed therein and they have no authority to bind the Company except in the Home Office: Long Grove, IL 60049 printed in U.S.A. FIC 09 75 (Ed. 09 01) Page 2 of 2 __. 0*P Recorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division 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/ 125 SUBJECT: Authorizing Acceptance of Instrument. BE IT RESOLVED that the following instrument is hereby ACCEPTED FOR RECORDING ONLY: SUPERVI'SOR'S INSTRUMENT REFERENCE GRANTOR AREA DISTRICT Offer of Dedication RA 1092 Jerrie L. Elser El Sobrante I Public Utilities Francis C. Elser Easement Offer of Dedication RA 1092 John A. Neyhouse El Sobrante I Public Utilities Richard Neyhouse Easement Robert L. Neyhouse 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 KD:cw the date shown. G:\GrpData\EngSvc\BO\2003\2-25-03\RA1092 130-28.doc Orig.Dept.: Public Works(ES) Contact: Rich Lierly(313-2348) ATTESTED: FEBRUARY 25, 2003 cc: Recorder(via clerk)then PW Records JOHN SWEETEN,Clerk of the Board of Supervisors and County Current Planning,Conununity Development Administrator CHP,c/o Al CSAR-Cartog Sheriff-Patrol Div.Commander By ,Deputy J� RESOLUTION NO.2003/ 125 a I CONTRA COSTA Co Recorder Office Recorded at the request of. STEM L. WEIR Clerk-Recorder Contra Costa County DCC— 200'3-0091759-00 Board of Supervisors Thursday, FEB 27, 2003 11:32:09 Return to: FRE $0.ea Public Works Department Tt 1 Pd $1-N Nbr-0001341378 Engineering Services Division r r c l R9/1-5 Records Section Area: El Sobrante Road: San Pablo Dam Road Co. Road No.: 03961 D Development No.: RA 109' (Tract 8184 City of Richmond) Assessor's No.: 435-160-003 OFFER OF DEDICATION - PUBLIC UTILITIES EASEMENT We, 2�1�' G G5'er�,C. Foe-,*wc4.5 C. aLS'6' and [print names], the undersigned, being the present title owners of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication for public use, an easement for public utilities consisting of overhead utility lines only, no underground or on the ground utilities, over the real property situated in the County of Contra Costa, State of California, described in Exhibit "A" (written description)and shown on Exhibit "B" (plat map) attached hereto. It is understood and agreed that CONTRA COSTA COUNTY and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the easement or any improvements thereon or herein. The provisions hereof shall inure to the benefit of and be binding upon heirs, successors, assigns, and personal representatives of the respective parties hereto. The undersigned have executed this instrument on [date]. [Signature] [Print Name an Title] �4' .1dr e. 6 &Z [Signature] L-/ liC _C [Print Name and Title] 5_'�w"c.,S Gsc [Signature] [Print Name and Title] (See attached notary acknowledgement) PUBLIC UTILITY EASEMENT LANDS OF ELSER A.P.N.435-160-003: RA 1092 EXHIBIT"A" PAGE 1 OF 1 A PORTION OF THAT PARCEL OF LAND GRANTED TO FRANCIS C. ELSER AND JERRIE L. ELSER BY GRANT DEED, RECORDED ON THE 2ND DAY OF JUNE, 1998, IN DOCUMENT NUMBER 98-0124437, CONTRA COSTA COUNTY RECORDS, SITUATED IN THE UNINCORPORATED AREA, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF THAT CERTAIN PARCEL DESCRIBED IN DOCUMENT NUMBER 98-0124437, CONTRA COSTA COUNTY RECORDS; THENCE, FROM SAID POINT OF BEGINNING ALONG THE SOUTHEASTERLY BOUNDARY THEREOF SOUTH 60042'58" WEST 6.00 FEET; THENCE, LEAVING SAID BOUNDARY NORTH 24009'37" WEST 92.44 FEET TO A POINT ON T14E NORTHWESTERLY BOUNDARY OF SAID PARCEL; THENCE, ALONG SAID NORTHWESTERLY BOUNDARY NORTH 59°57'00" EAST 15.00 FEET TO A POINT ON THE WEST LINE OF SAN PABLO DAM ROAD; THENCE, ALONG SAID WEST LINE, ALONG THE ARC OF A 691.25 FOOT RADIUS, NON-TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIAL BEARING OF NORTH 67°24'50" EAST, A CENTRAL ANGLE OF 07-47'13- AND 7°47'13"AND AN ARC LENGTH OF 9395 FEET TO THE POINT OF BEGINNING. SEE EXHIBIT "B" PLAT TO ACCOMPANY DESCRIPTION, ATTACHED HERETO AND MADE A PART HEREOF. CONTAINING 1,066 SQUARE FEET,MORE OR LESS. zc D BY' OF c JqIN K.JEFFRIES1 WS. 7820 DATE (EXP. 12/31/2005) STATE OF CALIFORNIA MACM1 somps CIVIL ENGINEERING*LAND PLAN"NGOLAND SLRVEYING 5142 Franklin DiNe Suite B,Pleasanton,CA.94588-3355 (925)225-0690 P:\Iegals\l 9164\EX-A-PUE I.doc JKJ 07/24/02 3:33 PM L'XHIBIT „B„ PAGE 1 OF 1 0 f Son Poblo Dorn Road oq p 0 ob SITE g v 7- EM HEIGHTS d,2 PROPERTY 7- 167024'5fl"E(R) VICINITY MAP 159057'0fl"'E N.T.S.15.00' Z R=691.25' �D L1=07°47'13" L=93.95' v� P.U.E. ELSER P.O.B. 6-2-1998 160°42'58"E DOC.#98-01124437 6.0fl' 1EYHOUSE 7-9-1998 DOC.#98-0158767 0' 20' 40' 80, PUBLIC UTILITY EASEMENT LANDS OF ELSER MAW&&q WN I WIN APN 435-160-003 CIVIL ENGINEEfCM*LAND PCANNINGsLAND SURVEYM f'LEASAWON. CA. 94588 (925) 225-0690 (SATE 07-24-02 JOB NO. 19164--GOX COUNTY OF CONTRA COSTA CALIFORNIA DRAWN BY: JKJ WG.: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California SS. County of -- ,G11�+ On .5 C. , before me, 2/da,u CZ 5 4 n le Da Name and Title of car(e.g.,'Jane Doe, otary PubilcO IF personally appeared irr� - % Name(s)of Srgner(s) El personally known to me Xproved to me on the basis of satisfactory evidence to be the person(s) whose name(s)-Wi are subscribed to the within instrument and acknowledged to me that# etthey executed the same in 4Whw/their authorized BRUCE E.iEGEMANN capacity(ies), and that by *A4ocltheir [vnvri;"lan•1370M signature(s) on the instrument the person(s), or No"Pub9c—Ca the entity upon behalf of which the person(s) waft clam coin 1>ry►t`.Wrn.E> AUQ 18iZppg acted, executed the instrument'. Wl SS my nd official seal. Place Notary Seal Above /Sjgn�7 Notiry Public OPTIONAL - Though the information below is not required by law,,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or'Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity{ies)Claimed by Signer Signer's Name: © individual Top of thumb here • Corporate Officer—Title(s): © Partner----0 Limited ❑General © Attorney in Fact El Trustee 0 Guardian or Conservator Cather: Signer Is Representing: 0 1927 National Notary Association 9360 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder.Call Tolt-Free 1-800-8876.6627 CONTRA COSTA Co Recorder Office STEPHEN L. WEIR Clerk-Recorder Recorded at the request of: DOC— 2003-0091758-00 Contra Costa County Thursday, FEB 27, 2eO3 11:31:59 Board of Supervisors FRE $0.00 Return to: Tti Pd $0,00 Nbr-0001341370 Public Works Department rr'c/R9/1-5 Engineering Services Division Records Section Area: El Sobrante Road: San Pablo Dam Road Co. Road No.: 0961 D Development No.: RA 1092 (Tract 8184 City of Richmond) Assessor's No.: 435-160-004 OFFER OF DEDICATION - PUBLIC UTILITIES EASEMENT and [print names], the undersigned, being the present title owners of record of the herein described parcel of land, do hereby make an irrevocable offer of dedication for public use, an easement for public utilities consisting of overhead utility lines only, no underground or on the ground utilities, over the real property situated in the County of Contra Costa, State of California, described in (Exhibit "K (written description) and shown on Exhibit W (plat map) attached hereto. It is understood and agreed that CONTRA COSTA COUNTY and its successors or assigns shall incur no liability with respect to such offer of dedication, and shall not assume any responsibility for the easement or any improvements thereon or herein. The provisions hereof shall inure to the benefit of and be binding uponheirs, successors, assigns, and personal representatives of the respective parties hereto. The undersigned have executed this instrument on t 2t " [date]. [Signature] [Print Name and Title] tM, %'1 • ' r [Signature] [Print Name and Title] �"' / ,��' io [Signature] r> [Print Name and Titfe] d H-A (See attached notary acknowledgement) PUBLIC UTILITY EASEMENT LANDS OF NEYHOUSE A.P.N.435-160-004: RA 1092 EXHIBIT"A" PAGE 1 OF 1 A PORTION OF THAT PARCEL OF LAND GRANTED TO JOHN A. NEYHOUSE AND CHARLOTTE H. NEYHOUSE LIVING TRUST,ON THE 9T"DAY OF JULY, 1998,IN DOCUMENT NUMBER 98-0158767,CONTRA COS'T'A COUNTY RECORDS, SITUATED IN THE UNINCORPORATED AREA, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHERLY CORNER OF THAT CERTAIN PARCEL DESCRIBED IN DOCUMENT NUMBER 98-0158767, CONTRA COSTA COUNTY RECORDS; THENCE, FROM SAID POINT OF BEGINNING ALONG THE NORTHWESTERLY BOUNDARY THEREOF SOUTH 60042'58" WEST 6.00 FEET; THENCE, LEAVING SAID BOUNDARY SOUTH 24009'37" EAST 31.10 FEET TO A POINT ON THE WEST LINE OF SAN PABLO DAM ROAD BEING COMMON WITH THE NORTHEASTERLY BOUNDARY OF SAID PARCEL; THENCE, ALONG SAID COMMON LINE, ALONG THE ARC OF A 691.25 FOOT RADIUS, NON-TANGENT CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIAL BEARING OF NORTH 77-52'12" EAST, A CENTRAL ANGLE OF 02040'09"AND AN ARC LENGTH OF 32.20 FEET TO THE POINT OF BEGINNING. SEE EXHIBIT "B" PLAT TO ACCOMPANY DESCRIPTION, ATTACHED HERETO AND MADE A PART HEREOF. CONTAINING 97 SQUARE FEET,MORE OR LESS. * 'wPREPARED BY: J_ -L., COO, �F OF CAS-� Z 2O 0� J K.JEFFRIESI.A.7820 ATE (E P. 12/31/2005) STATE OF CALIFORNIA MAG MT 'sem im 5 CNIL ENGINEERING*LAND PLANNING&LAND SURVEYING 5142 Franklin D&e Suite B.Pleasanton,CA.94588-3355 1925)225-06907 \\MSPL06\Projects\legals\19164\EX-A-PUE2.doc 1ICd 07/24/02 4:02 PM EXHIBIT PPB,* PAGE f OF 1 San Poblo � cb Dorn Rood vp p � ob SITE' EMERALD HEIGHTS PROPERTY vo\ ) VICINITY MAP N.T.S. 7- �0 r o ELSER ` P.U.B. N60°42'58'E 6-2-1998 6.001, R=691.25' CaOC.#38--0124437 ©=O2°40'09" L=32.20' P.U.E. ' N24009'37"W 31.10' N77°52'12"E{R NEYHUUSE 7-9-1998 DOC.#98-0158787 0' 20' 40' 80' PUBLIC UTILITY EASEMENT LANDS OF NEYHOUSE uff&SM APN 435--160-004 �ON,€CA.G94585 c.25) 225-rte (nes} s2s—ossa DATE 07-24-02 JOB NO. 19164--00X COUNTY OF CONTRA COSTA CALIFORNIA DRAWN BY: JKJ DWG.: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of On t , before rne. : �`. '> .1 r_s - Dale / Name and Title of i r(e.g.,`Jane Dos, tary Public personally appeared IY 0t3�- Nsme(�)of er(s) ❑personally known to me roved 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 capaci#y(ies), and that by his/her/their BRUCE BE E. N1 signature(s) on the instrument the person(s), or r Conn"sion0113? Klb the entity upon behalf of which the person(s) No" iblic"C'"v°rnis acted, executed the instrument. Santo Cirri CouaiY tryConlrn ir'0ftAUQ16. WIT SS my han a fficiai seal. Place Notary Seal Above SlIgnJUMV W4prPubffio OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: ❑ Individual Top of thumb here © Corporate Officer—Title(s): ® Partner—❑Limited ❑General ❑ Attorney in Fact 0 Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 01997 National Notary Assoalation•9350 De Soto Ave„P.O.Sox 2402•Chatsworth,CA 81313-2402 Prod.No.5907' Reorder.,Call Tell-Free 1-800-876-6827 .,..................................................................11................ ...................................................... Y 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/ 126 M� SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for RA 1130 (cross-reference SUB 7976) being developed by Prookfield Ambridge LLC, San Ramon(Dougherty Valley) area. (District 111) The following document was presented for Board approval this date for, RA 1130 (cross- reference SUB 7976)located in the San Ramon(Dougherty Valley) area. A Subdivision Agreement (Right-of-Way Landscaping) with Brookfield Ambridge LLC, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right-of-Way Landscaping) within one year from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right-of-way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $1,100.00 Deposit made by: Brookfield Ambridge LLC Auditor's Deposit Permit No. and Date: 399708, January 30, 2003 I hereby certify that this is a true and correct copy of an LT:cw action taken and entered on the minutes of the Board of G:\GrpData\EngSvc\80\2003\2-25-03\RA 1130 BO-16.doc Supervisors on the date shown. Originator: Public Works(ES) Contact: Teri Ric(313-2363) cc: Public Works-T.Bell,Construction Current Planning,Community Development ATTESTED: FEBRUARY 25, 2003 T-12-29-03(P 1) JOHN SWEETEN, Clerk of the Board of Supervisors and Brookfield Ambridge LLC Daniel R.Moose County Administrator 5960 Inglewood Drive,Suite 200 Pleasanton,CA 94588 American Casualty Company of Reading,Pennsylvania Virginia Copland CNA Plaza,13 South By Deputy Chicago,IL 68685 RESOLUTION NO.20031 125 SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for RA 1130 (cross-reference SLTB 7976) being developed by Brookfield Ambridge LLC, San Ramon(Dougherty Valley) area. (District III) DATE: February 25, 2003 PAGE: 2 II Surety Bond Bond Company: American Casualty Company of Reading, Pennsylvania Bond Number and Date: 58608915,January 27, 2003 Performance Amount:, $107,700.00 Labor&Materials Amount: $54,400.00 Principal: Brookfield Ambridge LLC NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right-of- Way Landscaping) is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUIION NO. 2003/126 ''I'll--,....-............................................................................................................................................................................... ................................................................................................................ COUNTY OF CONTRA COSTA f- Y 0 DEPOSIT PERMIT rFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT ACCT. ff -7 $ li fi 4l CA "0 CC, 4,/All rd L I 1- 11 C_ d'13 fl ,ZIA T, MZ— --.L- 41). S4 tA64-4 L>L', Lk 16, Ar L zi 71 1 1 1 1 (,L49 LkIl t EXPLANATION, - TOTAL DEPOSIT 1 6KC C*_) Deposit consists of the followiAg items VC 2 �4- `Cl�_ nd CURRENCY $ M.O.,ETC. $ �4 561a C C ho BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP V 0 2, NUMBER D y A-6-LIZ. DATE :::::3 ASSIGNED The amount of money Ascribed above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County -sury. acknowledged Signed l t- 41LUkrWAl > Date Signed: i A 5igned: r 40� Title: L� I y(,)pun Deputy County Treasurer ZVEXT. Deputy D-34BEV(3'-93) ,''..,............................................................................................................ ........—.... ....................................................................... COUNTY OF CONTRA COSTA DEPOSIT PERMIT C/ - ,PFICEOF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER (for Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB.ACCT. TASK OPTION ACTIVITY AMOUNT --- ----------- 2 14 V r t OC J/1 I I I I I I I I I I I I I I I I lilt I 1 111 11 it 11 1 1 1 11 if .I I lifit I 1 111 1 1 1 1 JA I I 1 111 1 I lilt itill I I I I Ill ] Ill It 41 1 1 1 1 1 1 1 . . . . . . . . . . . EXPLANAT N TOTAL $ DEPOSIT Deposit consists of the following items COIN and CURRENCY $ $ BANK DEPOSITS FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DR.32 NUMBER DATE ASSIGNED The amount of money described above is for Tmosurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged. Signed: m,<_'JPODate.Q)J)td Signed: LjL Signed: Title. 7 Deputj County.�.T'1 . Deputy County/_X�UgXT D-34 REV.(7-93) VOT 3 141 XIS 941.17 f )JPW04 1 2 4 5 # r �dq� 9 2 + 1 4 tJ 1 1 1 5 iece etwA- 1 4 . 6 1 f i . t 1 13 ' 33 * i,r i 1 1 3 3 3 UCS t Up cf66 C-1. oq14 le � U C) 1 -3) 0 -03 vo 0aU0 6)d Sys i 1 - Uu - 4ccn� " 6 21) A ` U 20, fl y 0 Sig , i j � arc 000682-9752 / 819200: 61109344, $2,500.00, Vacations 2 Ardmore Road Kensington (0676-6Q1868), Lloyd I. & Susanne I-loeber Rudolph, 2 Ardmore Road, Berkeley, CA 94707 000649-9665 f 831000: 61109018, The City of Orinda, Box 2000, Clrinda, CA 94563 500.00, RS 2739 Record of Survey Map Check Fee 500.170, 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: 61109022, $45,250.00, SUB 8669 Major Subdivision Civil Inspection, Brookfield Ambridge LLC, 5960 Inglewood Drive, Suite 200, Pleasanton, CA 94588 000649-9665 / 831000: G1109023, $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 Plan Check, St. Anne's Parish, 2995 Taylor Lane, Suite ##5, Byron, CA 94514 000649-9665 / 831000: G1109027, Torsten &Tineke Jacobsen, 777 Nortgate Road, Walnut Creek, CA 94598 $1,575.00, MS 4-96 Map Check Deposit $4,841.00, MS 4-96 Inspection Deposit 81980D-4800. : `G1109D24 ' $1,100.001 RA 1130 Landscape 'Cash Bond, Brook-field Ambridge>LLC, 5960 Inglewood Drive, Suite 200, Pleasanton, CA 94588 819800-0800. 61109025, 9,300.00, SUB 8669 Major Subdivision Cash Performance Bond, Brookfield Ambridge LLC, 5960 Inglewood Drive, Suite 200, Pleasanton, CA 94588 SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code§66462 and§66463) Subdivision: RA 1130(Cross-Ref SUS 7976) Effective Date: ' Subdivider: &14L17;I / t4M L ie Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title) Maurice M. Shiu, Public Works Director �#1 Awl $y; E x , (signature) (print name&tit RECOMMENDED FOR APPROVAL: By: (signature) Engineering Services7lictor ion (print name&title) je le IV Q�CPO FORM APPROVI J. Westman,County Counsel (NOTE:All signatures to be acknowledged. if Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PANTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"County,"and the above-mentoned Subdivider, mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements (both public and private),drainage improvements, signs, street lights, ire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider 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 pians and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County r mance Code,provide as security to the County: A. For Performance and Guarantee: $ 1,100.00 cash, plus additional security, in the amount Of $ Tv5ich together total one hundred percent 100%)of the estimated cost of the work. Such additions securey is presented in ffie form o : Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B, For Payment: Security in the amount of$ 54,400.00 which is fifty percent(50%)of the estimated cost of the work. SU—ch 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,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall pe orm sates actori y for a period of one-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. Subdivider agrees to correct,repair,or replace,at his expense, any defects in said work. system. The guarantee period does not apply to road improvements for private roads which are not to be accepted:lnto the County road 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Sai3 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 estabtishment of plants.Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 an 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, Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials, or approval of work and/or materials or statement by any officer, agent or emp oyee o -th—e-15ounty 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 Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the Countybe thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shah hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,-officers—,agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions de fined a ow,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement pians 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 noon-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,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: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required t e er by. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Roa�missioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and subsequent extensions, or fails to maintain t e work, the County may proceed to complete and/or maintain the work by contractor otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection, surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees, and all other expenses of litigation incurred by County in connection therewith,even if Subdivider 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,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. in consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. :kwiap G:1GrpDataT=ngSvc\Forms\AG WORD\AG30A.doc Rev..May 18,2001 CALIFORNIA ALL—PURPOSE ACKNOWLEDGEMENT State of ;{11`i f CCmGI OPTIONAL SECTION County of M ml?:aA CAPACITY CLAIMED BY SIGNER Onl �t) ] before me, 1 ���ri -o � �!> Though statute does not require the Notary to fill in V^- y� NAME,TITLE OF R E . . ,' AN D NOTARY PUBLIC' the data below,doing so may prove invaluable to personally appeared Y'r- 9-.,k&P1 4- '1{ � P-1 1`'Y Mie– persons relying on the document. NAME(S)OF INE ❑ INDIVIDUAL 2 personally known to me-OR-D proved to me on the basis of satisfactory evidence to D CORPORATE OFFICER(S) be the person(s)whose name(s)4/are TI s) subscribed to the within instrument and acknowledged to me that he"e/they executed D PARTNER(S) D LIMITED _- =`' '�"` "`'`�"I the same in hiz+rr/their authorized D GENERAL DEBRA L. LEVINE ? capacity(ies),and that by hi&Awr/their ❑ ATTORNEY-IN-FACT ' COMM,#'1218097 signature(s)on the instrument the person(s)or NOTARY PUBLIC-CALIFORNik� D TRUSTEE(S) ALAMEDA COUNTY � the entity upon behalf tr which the person(s) ❑ GUARDIAN/CONSERVATOR COMM.EXP.MAY 3,2003 acted,executed the instrument. D OTHER: WITNESS my hand and official seal, SIGNER IS REPRESENTING: a — {NAME OP PERSON(S)OR EN rITY(iES)} RY OPTIONAL SEC'T'ION t- THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document�In Y�L 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 ffu-st be sign-eU 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 prope mus a sta Ill. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have e aidffo-rity to sign for and bmda partnership. IV. SIGNATURES FOR CORPORATIONS Documents sffo—uld 5e signed y two otticers,one from each of the following two groups: GROUP 1. (a))The Chair of the Board (b)The President c Any Vice-President GROUP 2. 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-lavas or a resolution of its Board of Directors." X:MW G.AGrpData3En&Svc\Forms\WORD FORMS1ALL PURPOSE NOTARY.doe Rn4:Att'gusY 3:�DOt Subdivision: RA 1130(gross-Ref SUB 7,976) Band No.: hfi(1 IMP'ROV'EMENT SECURITY BOND FOR PUBLIC FJGHT OF WA'Y'LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (Califorriia'Goven Tient Code Sections 66462 and 66463) 1. RECITAL Of SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related improvements in Subdivision RA 1130 LCross-Ref SUB ' 976)as specified in the Subdivision Agreement(Right of Way Landscaping), and to complete said work within the titne'specified for completion in the Subdivision Agreement(Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. OBLIGATION: Brookf i Id LC ,as Princi 1,and American. Casual r— om ng of R ariir�$, Pp,yr�e corporation organized existingunde the laws ofthe State a-f Illinois , and authorized to transact Surety business in California., as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance and Guarantee., Eine Hundred Seven Thousand Seven Hundred and 00/100 Dollars ($ 107,700.00 ) for itself or any city assignee under the above County Subdivision Agreement,plus B. Payment: Fifty Four Thousand Four.hundred and.Go/100 Dollars ($ 54,400.O0 )to secure the claims to which reference is made in Title XV(commencing with Section 308.2) of Part 4 of Division II! of the Civil Code of the State of California, 3. CONDITION: A. The Condition of this obligation; as to Section 2.(A) above is such that if the above bounded Principal.., his or its 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 is or its part,to be kept and performed at the time and in the mariner therein specified, and in all respects according to theirs true intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee), its officers, agents and employees, as therein stipulated, then this obligation,shall become null and void, otherwise it shall be and remain in full force and effect.' As pail of the obligation secured hereby and in addition to the face ar ount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered, B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors, subcontractors, laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials fiurnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in aat amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns m any suit brought upon this"bond. Should the condition of this bond be fixlly performed thea this obligation shall become null and void, otherwise it shall be and remain in fill 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 shall relieve any Surety .from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by 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 principal whenever taken, SIGNED AND SEALED on Januar 27_,_ 2003 PRINCIPAL: American Casualty Company of roS3kf jeld Amhridga LLC SURETY: R�ar3itl�,, pp'i'ns1 L ~Tama Address: 5960 Inglewood Drive, Suite 200 Address: CNA Plaza, 13 South City, Pleasanton Zip: 94589-- City: Ch i rA ip: 686A S By: } By: Print Name: *&-44 i MaTie Print Name: Virgin a Copland Title: Title: Attorney--in-Fact ;mw %kPWSIlSHAPDAT,N1GtpD&za\G4tgSvc�ronnaTN WORMSN-12A.doc Rev.June!7,3999 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of cc"-Di-nk;k. OPTIONAL SECTION County of i�C�A&IP--� CAPACITY CLAIMER BY SIGNER On ) before me, Y Uw Le V AYE ' Though statute does not require the Notary to rill in NAME,TITLE F FFI E. ., A E D ,N TA UBLI the data below,doing so may prove invaluable to ti-VVn j �� persons relying on the document. personally appeared 1}lti-�,���, ice- t r+�tJ - NAMZ(;,)OF SI R s) ❑ INDIVIDUAL El personally known to me-OR-❑ proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S) be the persons}whose name(s)is/m-L- TITLE(S) subscribed to the within instrument and acknowledged to me that he/s4keilthey executed ❑ PARTNER(S) 0 LIMITED the same in bis/herAheirauthorized ❑ GENERAL capacity(iw,�and that by his/ heir- ❑ ATTORNEY-IN-FACT � L. � � signature(4 on the instrument the person(&)or CJTRUSTEE(S) the entity upon behalf of which the person¢&} 0 COMM.;i:1273097 acted,executed the instrument. ❑ GUARDIAN/CONSERVATOR NOTARY PUBLIC-CAL1f:URNIA0i ❑ OTHER: ALAMEDA COUNTY � WITNESS my hand and official seal, COMM.EXP.MAY 3,2003 r SIGNER IS REPRESENTING: 1 NAME OF PERSON(S)OR ENTrrY(IES)} A OPTIONAL SEC'T'ION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document t a TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document L sons relying on the document and could prevent fraudulent Signers)Other Than Named Above chment 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 mus —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 propeRy7 must 5e sae . III. SIGNATURES FOR PARTNERSHIPS- Signing party must be either a general partner or be authorized in writing to have e 0--thbrity to sign for and bindthe partners Ip. IV. SIGNATURES FOR CORPORATION'S acumen sou e signedy two o kers,one from each of the following two groups: GROUP 1. ((a))The Chair of the Board (b)The President (c Any Vice-President GROUP 2. al The Secretary b An Assistant Secretary CIThe 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:\GrpDatalBngSvcTorms\WORD FORMSIALL FURFOSE NOTARY.&c Re�:AVrgns`,t%ly=TbSI7 Title of Document - Bond #58608915 ACKNOWLEDGEMENT OF CORPORATE SURETY Province of Ontario County of Middlesex , to wit: &Pjoln- On, January 27, 2003 before me, Re'�Natary 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 My Commission Expires e This area for official seal G:1Data\Copland\WordlBonds\American Cas.Co.of Reading,PN-BondslAcknowledgernent for Bond.doc POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know Ali Men By These Presents,That Continental Casualty Company,an Illinois corporation,National f=ire insurance company o Hartford,a Connecticut corporation, and American casualty company of Reading,Pennsylvania,a Pennsylvania corporation(herein call( "the CNA Companies"},are duly organized and existing corporations raving their principal offices in the City of Chicago,and State of iliin( and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint David Stade .loan Cummin s,Derek Skunks,Virginia Copland, Individually of - London,Ontario their true and lawful Attorneys}-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 thorn thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their Corporation: and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratifiers and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed are 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 seats t be hereto affixed on this 25th day of January.2W2. (f,D Continental Casualty Company ue, Na*wat Fire ft=rarxx�Company of Hartford American Casualty Cornpeany of Reading.Peruasytvania Michael Gengter Group VGPent State of Illinois,County of Cook,ss: Can this 29th day of January.,2002,before me personally came Midrael Gengler to ole known,who,being byrne duly sworn,did depose and say:that he reskses In the City of Chicago.State of Illinois.that he is a Group Vices President of Cc>r*Wetal Cajujaity Party itiinols corporation.National Fire Insurance Company of Hartford.a Connecticut corporation.and American Casualty Company of Reading. Pennsylvania,a Pennsylvania motion described In and which executed the above Instrument,that he kr *flus sealas of saint+e�xprxations ; that the seats affixed tat than saki InsurUMOnt ate such ate seals:that they wer&so aft od pursuant toauth rity given by Soards of Directors of said torporatlons and that he signed his.rii it�thereto pursuant to tike autlwfly.and ackr*v0Wgea$000,ft be the aa and deed of said corporations, 'OFFICIAL SEAL' r DIANE FAULKNER Notary Public.State of Illinois [My Commission Ezpirss My Commission Expires September 17,2005 Dian 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 still In force,and further certify that the By-Law and Resolution of the Board sof Directors of the corporations printed on the rrse hereof Is sto in force.In testimony whereof I have hereunto subscribed my name and affixed the seal of the:said corporations this�� __day of , 4 OR Continental Casualty Company , orvtrs ,,, +atr National Fire Insurance Company of Hartford c ° American Casualty Company of Reading,Pennsylvania z ours at, C>� SEAL a t9ot resr Mary A.R bikawskis Assistant Secretary ................................ --^ � � : Authorizing and Resolutions ADOPTED BYTHE BOARD OFDIRECTORS OF CONTINENTAL CASUALTY COMPANY: � This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of � Directors ofthe Company. � "Article IX—Execution wfDocuments ! Section 3.Appointment of Attorney-in-fact. The Chairman of the Board of Directors,the President or any Executive, senior()r ! Group Vice President may, from time to time,appoint by written certificates afforneys-in-fact to act in behalf of the Company in fix. ! execution ofpolicies ofinsurance, bonds, undertakings and other obligatory instruments oflike nature. Such attorneys-in-fact, ! the limitations set forth in their respective certificates of authority,shall have full power to bind the Company 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 10any aUorney'in-faoL~ ! This Power ufAttorney issigned and sealed byfacsimile under and by the authority ofthe following Resolution adopted bythe Board o ! Directors of the Company at ameeting duly called and held onthe 17Yhday ofFebruary, 1383. � President 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 shall be valid and binding on the Company.Any such Power S40 executed and sealed and certified by certificate so executed and sealed shall.with respect to any bond or undertaking to which it is ! ' ADOPTED BYTHE BOARD OPD/RE[Tl)RSDFAMERICAN CASUALTY COMPANY OFREADING,PENNSYLVANIA: ! This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of ! Directors ofthe Company. "Article v"xecution of Obligations and Appointment of Attarney4!v$aict^ Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or ar S Group Vice President may,from time to time,appoint by written certificates attomeys-in-fiad to ad in biti4Wof the Company in the � executionorpolicies of insurance,w".=" undertakings and other Instruments of to � the limitations set forth in their respective certificates"authority,shall have full" ~,~^ tue and executionoyaoy such instruments and to attachthe-seat o,the Company thereto.The President or any Executive. �um� rorGroup Vice ! presidentn`a/ateny8me,evokeaUPomvareo6muthohtyprexouslyg*entoanyattorney-m'fac." ! This Power ofAttorney|s - led by facsimile under and by the authority of the Resolution adopted by the Board cf ! Directors cfthe Company ata meetingduly called and held omthe 17mday cfFebruary� 1993. ! "Resolved,that the signature and the seat of the Company may be affowd by facsimfle on any power Of attorney granted pursuant'to Section 2 of Article V1 of the Oy-Laws.ard-the signature of the secretary or an:Assistant Secretary and the wal of the Company may beaffixed,by facsimile to any,certiftate o(any.such - powerand any power or certificate bearing such facsimile signature and seal shall be varld'and binding on:the Company.Any such,Poworso � attached,continue°"~~valid and binding—the Company." ' ! ADOPTED 8YTHE BOARD OFDIRECTORS OFNATIONAL FIRE INSURANCE COMPANY OFHARTFORD: ! This Power o{Attorney ismade and executed pursuant mand byauthority ufthe following Resolution duly adopted onFebruary 77. ! 1993bythe Board ofDirectors ufthe 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.Attomeys-ir�-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 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 seat of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Aftomey-in-Fact.* This Power�A�m�� and sealed by��m�u�erand�U��t�r��t��k��R�o�� byU�B��� Directors of t--Companyotm '-meeting duly called and held onthe 1Tthday ofFebruary, 1BS3. ^RE8OLVED: That the signature ofthe pes�ent.anExecut�eVice Pmm siden�or�nySen�ormr� upVicePesidentand�none| ofthe CorporaUo' may beaffixed byfacsimile o»any power ofattorney granted pursuant mthe Resolution adopted bythis Board of Directors onF*U - � ary17. �QQ3ond�hea�gna�uneo�a�ecnetoryoranAnaio�un�Sec, aryand the seat o(the Corporation may be ��xedby'tscsim�- toany cedi�cotoofany such power,and any power ovue�ifiu�obearing such�csimi|esignature and seal shall be ~' valid and binding 'theCorpora0on.Any such power aoexecuted and sealed and c*mOedbyued/hcatosoexecuted and sealed,shaU °,»h ""noectman ''bond orundertaking towhich.tisattached,continue m»evalid and binding onthe CurporaUon.~ 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. 2003/127 SUBJECT: Approval of Road Improvement Agreement for Millstream Lane and Ashwell Lane, RA 113+0 (cross-reference Subdivision 7976) being developed by Brookfield Ambridge LLC, San Ramon(Dougherty Valley) area. (District The following document was presented for Board approval for Millstream Land and Ashwell Lane,road acceptance file RA 1130(cross-reference Subdivision 7976)property located in the San Ramon(Dougherty Valley)area, Supervisorial District 11I. A Road Improvement Agreement with Brookfield Ambridge LLC,principal,whereby said principal agrees to complete all improvements, as required in said road improvement agreement, within one year from the date of said agreement. Improvements generally consist of road and drainage Improvements. Said document was accompanied by security to guarantee the completion of road improvements, as required by Title 9 of the County Ordinance Code, as follows: I hereby certify that this is a true and correct copy of an action LT:cw taken and entered on the minutes of the Board of Supervisors G:\GrpData\EngSvc\BOQ003\2-25-03\RAI 130130-15.doc Originator: Public Works(ES) on the date shown. Contact: Teri Rie(313-2363) cc: Public Works-T.Balt,Construction Current Planning,corattun ity Development ATTESTED: FEBRUARY 25, 2003 T-12-29-03 Brookfield Ambridge LLC JOHN SWEETEN,Clerk of the Board of Supervisors and Kevin Pohlson 5960 Inglewood Drive,Suite 200 County Administrator Pleasanton,CA 94588 American Casualty Company of Reading,Pennsylvania Virginia Copland CNA Plaza,13 South Chicago,IL 68685 By ,Deputy RESOLUTION NO.2003/ 127 SUBJECT: Approval of Road Improvement Agreement for Millstream Lane and Ashwell Lane, RA 2130(cross-reference Subdivision 7976)being developed by Brookfield Ambridge LLC,San Ramon(Dougherty Valley) area. (District;III) DATE: February 25, 2003 PAGE: 2 1. Cash Bond Performance Amount: ,$8,930.00 Auditor's Deposit Permit No. DP399318 Date: January 23, 2003 Submitted by: Brookfield Ambridge LLC Taxpayer identification number: 33-0984930 II. Surety Bond Bond Company: American Casualty Company of Reading, Pennsylvania Bond Number and Date: 58606848,January 21, 2003 Performance Amount: _$884,070.00 Labor&Materials Amount: $446,500.00 Principal: Brookfield Ambridge LLC NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is APPROVED. All deposit permits are on file with the Public Works Department, RESOLUTION NO. 2003/127 ROAD IMMVEMENT AG F. MENT Developer: m�JrJ� � � Effective Bate: �4lt Development: /"SUB 7976 C4,ZW"f4 Completion Period: 1 year Road: RA 1130(Cross Ref.SUB 7976) THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: C NNTRA COSTA COUNTY DEVELOPER ��' j 'yG`�� r✓1`I Maurice M.Shiu,Public Works Director By: :; . : t (signature) fAw�r...v...— r" (print name 8s ' RECOM E EXED F AP. By: By: (1A (signature) Eng 'ng S VtCBS Division (print name&title) 3tii t`j1Qtti,f yc� �,Wf' FORM APPRQVED: Victor J.Westman,County Counsel i (NOTE: All signatures to be:acknowledged. IfSubdivider is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code RM) I. PAR FT} S$t DAZE,Effective on the above date,the County of Contra Costa,California,hereinafter called"County,"and the above-mentioned 17eve}oner, mutually promise and agree as follows concerning this development: 2. W–ROVE ENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements(hereinafter called "work")within the above completion period from date hereof in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: A. For Perfortnance and Guara toe: $ 8,930.00 cash,plus additional security,in the amount of$ 884,070.00 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. -� Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security, the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ 446.500.00 which is fifty percent(50%)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,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY F WORK. Developer guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance," of the Ordinance Cade. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to he accepted into the County road system. 5. PLANT ESTABLISHMENT WORK Developer agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and otherpest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Developer warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the development. If,at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Developer shall make whatever changes are necessary to accomplish the work as promised. 7, NO WAIVER JY ©UNTY. 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 pan of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Developer shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions, officers,agents,and employees. B. The liabilitie protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any actor omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Developer,contractor,subcontractor,or any officer,agent,or employee of one or more of them, D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared, supplied,or approved any plan(s)or specification(s)in connection with this work,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. NON-PERFORMANCE AND COSTS:If Developer fails to complete the work within the time specified in this Agreement,and subsequent extensions„or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Developer hereby consents to entry on the development property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds to complete the work. 3I. INCORPORATIONfANNEXATION< If, before the Board of Supervisors accepts the work as complete,the development is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shalt have all the rights of a third party beneficiary against Developer,who shall fulfill all the terms of this agreement as though Developer had contracted with the city originally. 12. CONSIDERATION In consideration hereof. (Check applicable section(s)) _ County shall allow Developer to obtain building permits for said development,assuming it fully complies with other applicable regulations. County agrees to accept the road(s)into the County-maintained road system,after the improvements are complete. Other(requires County Counsel approval RL:kw kkPwS41SHARDATA1GrpData5Eng5veTorms\AG WORMAG-24.doc Rev.April 6,2000 _ ... _...__._. ......... ......... ......... ......... ......... ..._..... .... ..... ........ ........ ........ ....... ............. ......... ......... .........._.._..... __. ......... CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of Cd- r r"k�, OPTIONAL SECTION County of aryl CAPACITY CLAIMED BY SIGNER On W610-:5 . 5 19-:5 before me, Though statute dues not require the Notary to t5li in DATE NAME,TITLE OF OFFICER E.G.."JANE DOE,NOTARY PUBLIC" the data below,doing so may prove invaluable to ��!! personally appeared K:f_V i t1 Pf}VASC3e`1 I& � �( �-_"(9;- persons relying on the document. NAME(S)OF SIGNER(S) 0 INDIVIDUAL 0 personally known to me-OR-D 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 he/she/they executed 0 PARTNER(S) 0 LIMITED r the same in his/her/their authorized DEBRA L. LEVINE 0 GENERAL (� 7y' capacity(ies),and that by his/her/their COMM.*121808? signature(s)on the instrument the person(s)or 0 ATTORNEY-IN-FACT NOTARY PUBLIC-CALIFORNIA ❑ TRUSTEE(S) the entity upon behalf of which the person(s) AI.AMrEOA COUNTY C) 0 GUARDIAN/CONSERVATOR CE�MM.EXP.MAY 3,2003 -+ acted,executed the instrument. 0 OTHER: WITNESS my hand td official seal, SIGNER IS REPRESENTING: I NAME OF PERSON(S)OR ENTrrY(IES)) SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document �� \t TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATI NS Documents should be signed by two officers,one from each of the following two groups: GROUP I. (a)The Chair of the Board (b)The President (c)Any Vice-President GROUP 2. (a)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$roues 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\GrpData)En¢Svc\Forms\WORD FORMSIALL PURPOSE NOTARY.doc COUNTY OF SONTRA COSTA DSPC PERMIT "ACE OF MART"COUNT UDI TOR-CONTROLLER `} TO THE TREASURER: CALIFORNIA RECEIVED FROM4 ORGANIZATION NUMBER {Orgonimtia�) (Far Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. ACC; TASK OPTION ACTWITY AMOUNT F tir3 ONE i fILK JL- T ;C i V Cik W aa_-13 � ! a tiri100`1 1 1 el L L4 � 1()V1 6 1 1 1 6 " E NATION: TOTAL $ / { DEPOSIT r } Deposit consists of the following fterns C04N and CURRENCY $06 � v 7 CHECKS,M.O..ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT NUMBER , DATE _ _.. _ 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 7'teasury. acknow{ed / R gecL 7 Signed: f J pots f �, SignedY SignedDeputy County Treasurer Title. LEXT. yy cu i{nr D-34 REV.(7'_93) r�...:_. ........ .......... ...._..... ..... ..... COUNTY OF CONTRA COSTA ` S - DEPOSIT PERMIT '' FICE OF COUNTY AUDITOR-CONTROLLER ER: MARTINEZ,CALIFORNIA f FROii ,�y ORGANIZATION NUMBER �`"� (Por Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT ACCT. k, . , � �b E i I E E 1 E 1 1 I 1 I f I i 1 i I E i 1 i E EXPLANATION: TOTAL $ DEPOSIT E Deposit consists of the following items COIN andC11RRENCY $ CHECKS,Mf7,ETC: _$ BANK DEPOSITS S FOR AUDITOR-CONTROLLER USE ONLY NUMDEPOSIT PERMBTR DP------ DATE / / c-�::.1 go ASSIGh1ED 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 Treasury. acknowledged'",--. Signed: Dat.0.11 Signed: L��`.. Signed: t ,� EXT. .-- o y Auditorf Deputy County Treasurer 3-34 REV.(7-93) .... ....... ..... ......._. .... .... ..... .... ..... ..... ..... .... ..... ...... ..... _. ...... 0 � , © uj U - UUf Z ° I (j t i U U u r� y F, U C� 4a �� �''1tk< -�V1 r 0 i� a,IJ U o u .T R 2 �! Ll i u y u U 4CGttJ6 11 0 J " V r 1 U ° U U y 00 U u u + 52 v U t?Uf- ! 3 _) J C I U 3;, - ,5�pi r �} o<-d J a 0 )3 r sem:, -40 000682-9752 / 819200: G1109320, $1,,900.00, Vacations 7 Erskine Street (0676-6Q1867), M. Kennedy Design, 702 Tennessee Street, Vallejo, CA 94590 0300649-9665 / 831000: 01108999, $500.0{3, RS 2748 Record of Survey Map Check Fee, DeBolt Civil Engineering, 811 San Ramon Valley Blvd., Danville, CA 94526 000649-9665 / 831000: 61109000, $500.00, RS 2749 Record of Survey Map Check Fee, Pablo Campos, 4395 Gateway Road, Bethel Island, CA 94511 000649-9665 / 831000: 61109001, $500.00, RS 2750 Record of Survey Map Check Fee, Rick C. Lanham, 62 Diablo View Road, Pleasant Hill, CA 94523 000649-9665 / 831000: 61109003, Chetcuti & Associates, Inc., 1204 Alpine Road, Suite 3, Walnut Creek, CA 94596 $1,000.00, MS 16-97 Map Check Deposit $2,000.00, MS 16-97 Minor Subdivision Plan Check Deposit $8,904.50, MS 16-97 Minor Subdivision Inspection Deposit 000649-9665 / 831000: G1109014, $1,790.42, DA 0014 Plan Check, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 000643-9665 / 831000: 61109017, $7,038.00, SUB 8698 Plan Check, Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box 361169, Milpitas, CA 95035 819800-0800: 01109003, $19200.00, MS 16-97 Performance Cash Bond, Chetcuti & Associates, Inc., 1204 Alpine Road, Suite 3, Walnut' Creek, CA 94596 81980000+ X1109€316, 0 £ >RA 11303 Civil Ccih Prftrwo c <Bond Srool f€�Id A nb dg <LI.C,:5960 �l i u+ ctd> 3r ive; Site 2.00. Pleasaw on, CA: 945W: Bond No.: 58646848 Development: BA 1130(Cross Ref.SUR 79, 76) IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and payment) (California Government Code §§ 66499- 66499.10) 1. RECITAL OF RU,AD IMPROVEMENT AGREEMENT: The Developer(Principal) has executed an agreement (Road improvement Agreement) with the County to install and pay for street, drainage and other improvements on, or along RA 1130 to complete said work'within the time specified for completion in the Road Improvement Agreement, all in accordance with State and local laws and rulings. �It1DcaI2 ('c1$ r ��011ip2T1 2L CO drat O Or a of rp i n g nixed under the laws of the State of Illinois , and authorized to transact surety busixiess 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: 3 ht Hundred i ht Fo Thousan Sevent' Dollars ,,;, ($ 8g4.090,00 )for itself or any city assignee under the above County Road Improvement Agreement,plus B. Payment: Foyar Hundred Forty Six Thousand Five Hundred Dollars ($ 4A&M.00 )to secure the claims to which reference is made in Title 15§§ et secl.'of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section(2.A.)above is such that if the,above banded Principal, or principal's heirs,executors,administrators,successors or assigns,shall in all things stand to and abi&by and well and truly keep and perforin the covenants,conditions and provisions in the said agree nt and any alteration thereof made as therein provided on it or its pant, to be kopt and perfearmod at the time and in the mariner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa or city assignee,its officers, agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in, full force and effect.' As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa or city assignee,in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.B.) above, is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code,for materials furnished,labor of any kind; or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said undersigned surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa or city assignee,in successfully enforcing such obligation,to be awarded and fixed by the court,all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shalt inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082 of Part 4 of Division 3) of the Civil Code of the State of California, so as to give a right of action to'them or their assigns in any suit brought upon this bond. Should the work under the conditions of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. C. No alteration of said Road Improvement Agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve the Surety from liability on this bond 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 bolds itself bound without regard to and independently of any action against Principal whenever taken. 4. SIGNED AND SEALED: The undersigned executed this document on January 21, 2003 American Casualty Company of PRINCIPAL: $rookfield Amhr_idg LLC-. SURETY: Reading, 12 _nn y ania Address: 5!260 Dr. 0 Address: CNA Plaza 13 South City: S�s�*�*n� C. City: By: By: Print Name: pmt l - Print Name: Virginia Copland Title: Title: Attorney-in-Fact MW DM®�En Svc 1(�N WORD\DN-4.dot POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Merl By These Presents,That 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{herein rafted "the CNA Companies"),are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois and that they do by virtue of the signatures and seats herein affixed hereby make,constitute and appoint David Slade,Joan Cummings,Derek Shanks,Virginia Copland, lndividuall of London.Ontario their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seat and execute for and on their behalf bonds, undertakings and other obligatory instruments of similar nature --In Unlimited Amounts--- and to bind them thereby ars fully and to the same extent as if such Instruments were signed by a duly authorized officer of their Corporations and all the acts of said Attorney, pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executers pursuant to and by authority of the By-law and Resolutions,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 seats to be hereto affixed on this 29th day of January, 2002. " Continental Casualty Company Naftnat Fire lnswancea Cornpany of Hartford American Casnalty Company of ReadkV.Perinsytvanla war"Genglet Grtaup Vice President State of Illinois,County of Cock.ss: On this 29th day of January,2002,befbre me personally came Michael Gengler to me known.who.beim by-M duly swops,did depose and say:that he resides in the City of Chicago,State of Illinois;that he Is a Group,Vice Pregklent of Contfribrstttl'Cbsupity Compafrty,an Illinois corporation,National Fire insurance Company of Hartford.a Connecticut corporation,and American Casualty C mparny of Reading, Perxtsyfvairila.a Penn sykwft coirpomflon described In and which eXeMW the above instrw*that he.kltows ft seals of#aid corporations; that the setas .it trunkx af±at su cdh Pratte s Is;that w SO al t piumuart to 0t0tdrity t�by the�of Directors of i$b i�taratk>r 8s d'thit he$Vrollid thereto pursuant tri Ilk&etrthorfty,600 kltrot+r, N k0V to be titer a0it 8W deet/of said corporations. -OFFICIAL SEAL' s DIANE FAULKNER Notary Public,state of Illinois - � MY Commission expires V/17/050-16 My Commission Expires September t7,2005 Diane Faulkner Notary Public CERTIFICATE i, 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 stili In force,and further certify that the By-Law and Resolution of the Board of Mrectors of the corporations printed can the r se hereof is st in force. In testimony whereof I have hereunt subscribed my name and affixed the seal of the said corporations this day of Continental Casualty Company r ca rr ., r oaar National Fire insurance Company of Hartford a a P4 American Casualty Company of Reading,Pennsylvania PU SEAL 1891 lratxa s l rC Mary A. ltibikawskis 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 By-Law duly adopted by the Board of Directors of the Company. "Article IX---Execution of 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 auti7orih previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Hoard 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 seal 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 shall be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which itis 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 duly adopted by the Board of Directors of the Company. ,,Article W-Execution of Obligations and Appointment oFAttorney4 wacf: Section 2.Appointment of Attomey-in-fact.The Chairman of the Board of Directors,illi PteOWIM 6t vi.tty;Executive, Senior or Group Vice President may,from time to time,appoint by written certificates attomeys-in-feta to,act in betra�R pf the Company let the execution of policies of insurance,bonds.undertakings and other obligatory instruments of like nature.S attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind th-p dOmpaw 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." 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 duty called and held on the 17#h day of February, 1993. `Resolved.that the signature of the President or any Executive.Senior or Group Vice President and the seVit of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article V1 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 certfficati of any such power and any power or certificate bearing such facsimile signature and seat shall be valid and binding on the Company.Any such poorer so executed and sealed and certified by certificate so executed and sealed shalt,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 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 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 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 seal 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 seal shall be oration.Any such power so execut:d and sealed and certified by certificate so executed and sealed,shall valid and binding on the Corp with resoect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." ............................................. _............................................_.._._... __.....__.- _......................................................................................................................................................................................................................_...... Title of Document - Bond #58606848 ACKNOWLEDGEMENT OF CORPORATE SURETY Province of Ontario County of Middlesex ,_to wit. On, January 21 2003 before me, + Yi C Notary Public, personally appeared, Virginia Copland, Attorney-in-Fact for American asualty 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 Pub My Commission Expires -*' 't dl�9 This area for official seal G:k Tata\CoplandlwordiBonds\American Cas.Co.of Reading,PN-Bonds\Acknowledgement for Bond.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT .�..o.. ..,...� "..��.,,_. _ _ r1 3 ...h,... :•u,�.�`„5,.,�3.a,.T�'..��...+.�..<s_,e`_'. .�.-��-��+u;Y�_,.`` .���.r-st..�.+.� ;. 7 M1 State of California !; ss. County of kf' ' On _ before me, � 1r�ll (I e— w Date Name and Title of Officer(e.g.,"Jane Doe.Notary Public personally appeared •= Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence4 to be the person(s) whose name(s) is/are subscribed to the within instrument and +y acknowledged to me that he/she/they executed the same in his/her/their authorizedfz 5�z capacity(ies), and that by his/her/their , ' =.,...u..;-.<.4" signature(s)on the instrument the person(s), or *' C1EDi L. LEVINE the entity upon behalf of which the persons) ' COMM.*1218097 NOTARY PUBLIC-CALIFORNIA acted,executed the instrument. ALAMEDA COUNTY 0 COMM.EXP,MAYS 2003 'A WITNESS my hand and official seal. `i --is Signature of Notary Pubiic } OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. ; Description of Attached Document =' Title or Type of Document: _ Document Date: Number of Pages: _.._ Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ^J, Tc of thumb here k. U Individual p 0 Corporate Officer—Title(s): `i ❑ Partner--C Limited ❑General •Fr ht .0 Attorney-in-Fact ` R ; Trustee 4ti ❑ Guardian or Conservator Other: ' Signer Is Representing: rr ?'.• .. " �h�-'C. .C:.,vif:a`:C �,"�''�4::.K-�`t'>ti�.Jw /.�✓:-�.,`C''.�,:^':;1,;`C Vl f��% ''/``k::�G`;;„'C_"..-n f''''izi �::•!s r<s�n �cri . -.\ _.,\_{y•G l„yh:..h.$?• 1`C__.%2't,+t`^ r v�"` 1 J°'"V' _ !_ t_-J..J_V_''V'-h... 0 1999 National Notary Association•9350 De Soto Am,P.O.Bax 2402•Chatsworth,CA 91313-2402•www.nationainotary.org Prod:No.5907 Reorder:Call Toli�Free 1.800.876-6827