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HomeMy WebLinkAboutMINUTES - 10282003 - C18 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 28, 2003, by the following vote: AWES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/ 651 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Minor Subdivision 5-01, being developed by Chetcuti &Associates Inc., Walnut Creek area(District III). The following document was presented for Board approval this date: The parcel map of Minor Subdivision 5-01, property located in the Walnut Creek area, Supervisorial District III, said map having been certified by the proper officials; Said documents were accompanied by: 1. Subdivision Agreement: A subdivision agreement with Chetcuti&Associates Inc.,principal,whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: A. Cash Bond Performance amount: $1,388 Auditor's Deposit Permit No. 412346 Date: 9/25/03 Submitted by : Chetcuti &Associates Inc. Originator:Public Works(ES) Contact: Rich Lieriy(313-2348) LS:rm I hereby certify that this is a true and correct copy of an c,crpData\>nsSve\ao\2003v 0-28-03\MS 5-01 13e-14.doc action taken and entered on the minutes of the Board of cc: Current Planning,Community Development Chetcuti&Associates Supervisors on the date shown. Benny Cheteuti 1204 Alpine Road,Suite#3 Walnut Creek,CA 94596 ATTESTED: OCTOBER 28 2003 Indemnity Company of California Daniel Livsey JOHN SWEETEN, Clerk of the Board of Supervisors and 17780 Fitch,Suite#200 County Administrator Irvine,CA 92614 T:8/28/04 By ,� � �.� --- , Deputy RESOLUTION NO.2003/ 651 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Minor Subdivision 5- 01,being developed by Chetcuti &Associates Inc. Walnut Creek area(District III). DATE: October 28, 2003 PAGE: 2 B. Surety Bond Bond Company: Indemnity Company of California Bond Number: 8674145 Date: 9/19/03 Performance Amount: $137,412.00 Labor&Materials Amount: $69,400 Principal: Chetcuti &Associates Inc. 2. Tax Letter: A. Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2002-2003 tax lien has been paid in full and that the 2003-2004 tax lien,which became a lien on the first day of January 2003, is estimated to be$18,700.00. 3. Tax Surety: A. Security to guarantee the payment of taxes, as required by Title 9 of the County Ordinance Code, in the form of a surety bond, No. 8674155, issued by Indemnity Company of California with Chetcuti &Associates Inc. as principal,in the amount: $18,700.00, guaranteeing the payment of the estimated tax. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: I. That said subdivision, together with the provisions for its design and improvement, is DETERMINED to be consistent with the County's general and specific plans. 2. That said parcel map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets,paths or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is APPROVED. All deposit permits are on file with the Contra Costa County Public Works Department. RESOLUTION NO. 2003/051 SUBDIVISION AGREEMENT (Government Code§66462 and§66463) �n Subdivision. Principal: - Effective Date: ,r � � Completion Period: 1 year r THESE SIGNA'T`URES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA.COSTA COUNTY PRINCIPALr--- Maurice M.Shiu,Public Works Director CIA el—ckX- By: (signature) RECOMMEND FO APPROVAL (Print nametitle f By: . ?% " (Signature) Engin rvices Division (Print name&tide) FORM APPROVD: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged.If Principal is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code §313.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Cour "and the above-mentioned Principal,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as reviewed and on filar with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code (including future amendments thereto). Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof,as required by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this agreement, Principal shall,pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: � f A. For Performance and Guarantee: S b 00 cash,plus additional security,in the amount: f"Y d which together total one hundred percent(104%)of the es imated 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,Principal guarantees performance under this agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount:S {��. {�[� which is fifty percent(50°/a)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Principal guarantees that said work shall be fee from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to road improvements for private roads,which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other wort: determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement pians for the work are adequate to accomplish the work as promised in Section 2 and as required by the conditions of approval for the subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes necessary to the plans to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any pari of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill this agreement as.prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof. & INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are County and County's special district,elective and appointive boards, commissions,mons,officers,agents and employees, B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below and including personal injury,death,property damage,inverse condemnation,or any combination of these and regardless of whether or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as complete and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them, D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Principal shall pay when due, all the costs of the work,including inspections thereof and relocation of existing utilities required thereby. 14. SURVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Principal agrees to pay all costs incurred by County, even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintainingthe work,Principal agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work. I2. INCORPORATION/AN'NEXAT'ION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,County's rights under this agreement and/or any deposit,bond, or tetter of credit securing said rights shall be transferred to the new or annexing city, Such city shall have all the rights of a third party beneficiary against Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally, The provisions of paragraph g (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph gA upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. RL JDAad GAGtpData\En&SvciF0mu\AG WORMAG-30.doc Rev: october 25,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of /. f OPTIONAL SECTION County)of S=Za CAPACITY CLAIMED BY SIGNER Ont' lr6„ befare tne, Though statute dans not require the Notary to Rif In nATB NAME,TITLH OF OFFICER B.c.,-JANE DOF6 NOTARY FtISDU the data below,doing so may prove Invaluable to personally appeared M t"l V CH { ;t�1 _ persona relying on the document. I NAWS)OF SI NBR(S) d INDIVIDUAL personally known to me-OR 0 proved to me on the basis of satisfactory evidence to XOAO TE OFFICER(S) be the rsan s whose names is/are — r 7— subscribed to the within instrument and TITLE(s) acknowledged to me that helshe/they executed 0 PARTNER(S) O LIMITED the same in his/her/them'authorized 0 GENERAL .....�.,., capacity(ies),and that by his/her/their q ATTORNEY-IN-FACT i# �fEsignature(g)on the instrument the person(s)or CI TRUSTBE(S) p••*AMY Comm #124993'7 �p the entity upon behalf of which the person(s) D GUARDIAN/CONSERVATOR NOTARY PUBIC•CALIF(3NA Vl acte xecuted the instrument, O OTHER: Cartrt Cnstt CD,mty "' Corm.zWM Jan.15,I004"a T y and d official se 1, � SIGNER IS REPRESENTING: (NAME OF PBRSON(S)OR BNTITY(ISS)I Sic A OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form Di r 1f It art A fk IL lb Tip to z. N o il HI t ; 6 11 5 1 tit 101 1 w l. . lit t lit bd 9 $ a 1 ticowawt +suu�r lumm AArmCW AVN4M*400 - Cowie 49 — - �i 'WJOB.Wtl%Y iaGtWw Se It I •C-w--+""•+ . #"*I xu SAS t It ill Awma-V .rAw a-- f44. 1K-1 AMMU -� ov wm �- AWAGWOM 9M A IM . - � g # I! ,. �t all --- 6 0 loo; , f� 1 , 1� , �;c AM Ira �., COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER - sw MARTINEZ,CALIFORNIA t t -M tEft: ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB TASK OPTION ACTIVITY AMOUNT ACCT 1 111/6 Di / - {(qI 1 I I I I t I I I 1. i 1 I t I • i i I i i I 3 1 I I EXPLANATION: TOTAL $ DEPOSIT Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT y, PERMIT DP NUMBER DATE I' I ASSIGN— The amount of money described above is for Treasurer" spt of above am tis approved Receipt of above amount is hereby deposit into the County Treasury. �� acknowledged. {/ Signe&. Signed:. Title: 'j ' c { �/ EXT 3 �`C-}� Deputy County Auditor Deputy County Treasurer D-34REV.(7-93I Y i �s� iilt` �trrN V�. 819800-0800: G1121584, $4.100.00, DG 0021, Performance Cash Bond, Windemere BLC LLC, 3130 Crow Canyon P1 #310, San Ramon, CA 819800-0800: G1121594, $1,388.00, MS 05-01, Cash Bond, ChetCuti & Associates, Inc. 1204 Alpine Road, Suite 3, Walnut Creek, CA 94596 subdiv gyon: Parcel No. 138-230-022-4 Bond No : X7.414 ' - Premium $4,122.00 is for a term of two years. IMPROVEMMNT SECiJt M BOND FOR SUMMION AGXtl l €XNx (Pedorwance,CxuRmatee and Payment) (California Goverment Code ff 66499-66499.10) i, 3li aJ&p OJrSVVMMQN A+tYR-- : The developer(principal)has executed a sauMvision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in SubdivisionPaxaal No * as specified ill the subdivision ag=mcrnt and to complete said work within the time specified for completion in the subdivision agreement all in accordance with State and local laws and rralings thereunder in order to satisfy conditions for flung of a final map or parcel map for said sumvisiorL * 138-230-022-4 NSG OEY- CA fi: om- Chetcuti._6 Associates,-.lag, as principal and Indemnity Comp4U. of California a corporation organized and existing under the laws of the State of California and authorizvi to transact surety business in Caliiorr iv. as surety, hereby jointly and severally bind ourselves, our heirs, executors, admirustmtoss,successors and migns to the County of Contra Costa,California to pay as follows: A. Performance and Guarsatem.Qne Hundred Thirty seven Thousand-Tour HUBdr d T.f ve** Dollam(S13 7,412.00 )for Couua Costa Couuty or any city assignee under the above County Subdivision Agement. ** and N01100 B. Payment: Sixty Nine Thousand Four Hundred a13A NQZ QO-- - - - - _ Lam($ . 69,400.09--------------- )to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Fart 4 of Division III of the Civil Code of the State. of California. 3. oxo 4 A. '110 Condition of this obligation as to Section (2.A.) above is such that if the above bonded principal,or principal's heirs,execuiors, administrators, successors or ass4 zs,sWI in all tWngs stand to and abide by and well and truly keep and perform the oove=ts,conditions and provisions in the said a reemout and any alteration thereof made as Mein provided,on it or its pan to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harudess the County of Contra Costa(or city assignee)its officers,$greats and employees,as therein stipulated,thou this oblig4on shall become, null and void;otherwise it shall be and remain in fvli farce and erect. As part ofthe obligation secured hereby and in addition to the face amoont specified thmefore,then sb.all be inch reasonable o osts,expenses and fees,,including reasonable attorney's fees,incurred by the County of Contra.Costa.(or city assignee)in successUly enforcing such obligation,all to be tamed as casts and included in,any judgement rendered, X3. The condition of this obligation, as to Section (2.I3.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all coxrtractors,subcontractors,laborers,material men and other persons employed in the performame of the aforesaid subdivision agreement and referred to in the af'orosaaid Civil Godo, for matrsia.ls furnished, labor of any kind, or for amounts due under the Unernployruent Insurance Act with respect to such work or labor'and that said surety Will.pay the same in an amount not exceedi ngthe amouW herein above set forth and also,urease scut is brought upon this bond,will pay,in addition to the fact amount thereof, reasonable costs,expenses and fees,including reasonable attomeys fees, incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, to be awarded and fisted by the court, all to be Uxed as costs and to be included in the judgement therein rendered. It is hereby expressly stiprdated and agreed that this bond shall inure to the benefit of aM and all persons, companies and corporations entitled to file claims under Title 15 (cornmeming with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to gime a right of action to them or their assigns in any suit brought upon this bond. Should the work under conditions ofthis bond be fully performed,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. C. Nes alteration of"said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee)sball relieve the surety from liability on this bond; and consent is hereby ,given to make such alteration without further notice to or consent by the surety,and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itself'bound without regard to and independently of any action against the principal whenever taken. SICNEDAND SEAlX0ou September 19> 2003 P OPAL.- Che'tcuti & Associates, Inc. sURF'[V: Indemnity Company of California Address: 1204 Alpine Rd. Suite_3 AddmsS: 17780 Fitch Su to 200 Ci Walnut Creek Z' 9,4596 City: ITVIVe A Zip; 926154_ Print Name. OO f a P'rintNamt: Thy ] .,_At. c, et n 'title: w :jf Title. Attorney-in-Pact 17 G1Grpt�sp<<EagSv Farmet x7 WORt7 N42A- Sxv,3wrasardher i6,3003 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623'(949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: *** Robin S. Westfall, Gregory M. Pribyl, Daniel Livsey, Stephan G. Roddie, jointly or severally*** as their true and lawful Attorneys)-in-Fact,to make,execute,deliver and acknowledge.for and on behalf of said corporations.as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act, necessary, requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Auorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1.2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship: .tnd that the Secretary or any Assistant Secretary of the corporations be.and each of them hereby is,authorized toattest the execution of any such Power of Attorney: RESOLVED.FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8"day of January,2002. -.�..� AND .,, BY: �'`E�.........44dkc" O pANYp� David H.Rhodes.Executive Vice President ti.-co `JQpPttRq� sys« ©�tPORgT � OCT A 5.'14 o} 19 36 �r w 1967 By Walter A.Crowell, Secretary 9ty`•1dW ,•'*�a •'` per' g41FOP; STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE } On January 8,2002,before me,Antonio Alvarado,personally appeared David H. Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be tate persons whose names 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 entity upon behalf of which the nersons acted.executed the instrument. WITNESS my hand and official seal. ANTONIO ALVARADO COMM.#1300303 Notary Public-California r ORANGE COUNTY SignatureMy Comm.Expires APRIL 10,2005 CERTIFICATE The undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Aporney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 19 th day of September t 2003 By David G.Lane,Chief Operating Officer ID-1380(01102) STATE OF California SS. COUNTY OF Contra Costa On September 19 2003 before me, Rita A.Bisaha,,Notary Public PERSONALLY APPEARED Daniel Livsey personally known to me {er- osis-cry t acts dlawe)to be the person( whose name}is/are subscribed to the within instrument and acknowledged to me that he/sh*4hty executed the same in his/harAw4r- authorized capacity-0esj, and that by his/jaex it signature(. +Bwi.Aliw�� on the instrument the person, or the entity upon behalf RITA A.BISAHA d the instrument. Commission# 1366056 of which the person( acted, execute Notary PU011C - CctlifOM10 Contra Costa County WITNESS my hand and official seal MyComm.2 120res Aug&2006 Signature ' `. # Official This area for OfficialVatarzal Scar Notary Public �r 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 0#37411S TITLE OF TYPE OF DOCUMENT ;rrLE($ ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL 1 ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) GUAR DIAN/CONSERVATOR ❑ OTHER: _ __— _�.__ __ September 19,2403 DATE OF DOCUMENT SIGNER IS REPRESENTING- NAME OF PERSON(S)OR ENrrrY(!ES) IndemnityCompanyof California _--_—_ SIGNER(S)OTHER THAN NAMED ABOVE ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of ii e e OPTIONAL SECTION County of t l CAPACITY CLAIMED BY SIGNER On9_0 ,before me, NAMB, OPORRiC R B.CJ.,"JAN€t NOTARY PUBLIC Though statute does not require the Notary to flit In ( f! t the data below,doing so may prove Invaluable to personalty appeared Al `- t I �, V persons relying on the document NAME( OFSONBR(S) 0 INDIVIDUAL personally known to me.OR-❑ proved tome on the basis of satisfactory evidence to CO �` RATE OF be the person(:)whose name(:)Is/are '�`�!TITLE(S) subscribed to the within instrument and acknowledged to me that he/she/they executed ❑ PARTNER(S) 0 LIMITED the same in his/her/their'authorized 0 GENERAL MARK capacary(ies),and that by his/her/their 0 ATTORNEY-IN-FACT CommJ 1249970 signature(s)on the instrument the person(s)or tlitTARY"ttC-CAIIF01911A the entity upon behalf of which the person(s) 0 I RUSTEE(S) cartra Coot$c mt am acted,a cuted the instrument. 0 CIUARDIAN/CONSERVATOR �rr r xrsras Ean.15,2AA4 0 OTHER: W aand pfficial Acal, r SIGNER IS REPRESENTING; (NAMB OF PERSON(S)OR BNTTTY(IBS)) S113NYMRS OF NOTARY OPTIONAL SECTION THIS CERTIFICA'T'E MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above IL re-attachment fthis form DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism.The Art requires that we notify you of certain.components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act.The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed$5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of$i,000,000,000.00 for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not,however,result in any change in coverage under the attached bond. No additional premium has been charged for the terrorism coverage required by the Act. INSCO INSURANCE SERVICES,INC, Underwriting Manager for: Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch,Suite 200•Irvine,California 92614•(949)263-3300 www.insooDico.com ID-1496(3/03) 1%C {b F "s. ... 8/114.103 OLD REP. $42 01-0005 Tax Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P. O. Box 631 ""/ Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 y Coun"'11 Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor -. A Date: 8114/2003 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# City T.R.A. 01-0005 WALNUT CREEK 79079 Parcel#: 138-230-022-4 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2002-2003 tax lien has been paid in full. Our estimate of the 2003-2004 tax lien, which became a lien on the first day of January, 2003 is $18,700.00 This tract is not subject to a 1915 Act Bond. If subject to a 1945 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasurer-Tax C IIe tc�r By: lF INSCO INSURANCE SERVICES, INC. insc%g � Underwriting Manager for: #..iii Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch,Suite 200•Irvine,California 92614•(949)263-3300 SUBDIVISION TAX BOND BOND NO.: 8674155 $ 561.00 ._premium is for a term of one year(s) KNOW ALL MEN BY THESE PRESENTS: THAI'we, Chetcuti&Associates, Inc, as Principal, and Indemnity Company of California _ a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety,are held and firmly bound unto the Contra Costa County Tax Collector as Obligee, in the sum of eighteen thousand seven hundred and 001140 S 18,7M00 Dollars, for which payment, well and truly to be made,we bind ourselves, our heirs,executors and successors,jointly and severally firmly by these presents, T14E CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS,the above bounden Principal is the owner of that tract of land situated in Contra Costa County,California,and described as follows: Parcel 138-230-022-4 BATE: r v BOND REVIEWED AND APPROvEf CONTRA COSTA COUNTY TR 3 T�C0LL.EC`OR NOW THEREFORE,if the said Principal shall pay, or cause to be paid,when due,all taxes,and all special assessments collected like taxes, for the year 2003-2004 ,which at the time of filing said map, are a lien against such subdivision, or any part thereof,but not yet payable,then this obligation shall cease and be void,otherwise it shall remain in full force and effect. IN WITNESS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at 3100 Oak Road,Suite 260,Walnut Creek California,this 28th day of August 2003 YEAR Chetcuti&Associates, Inc. Inde ty Company of Palifornia Principal ' Surety �- BY: r'F Daniel Livsey _ �-� Attorney-in-Fact ID-1206(Ca)(REV.1101) wa�wrs.. PRINCIPAL TITLE COMPANY SURETY Chetcuti &Associates Old Republic Title Company Insco Insurance Services 1204 Alpine Street, Ste. 3 3000 Clayton Road 17780 Fitch Street Suite 200 Street Address Street Address Street Address Walnut Creek CA 54595 Concord, CA 94519 Irvine CA 02614 City, State, Zip City, State, Zip City, State, Zip Benny Che_t_cuti Dawn Cabral Daniel Livsey Contact Person Contact Person Contact Person L925).933-657,5 (925)68797880 (949) 263-3300 Phone Number Phone Number Phone Number POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623-(949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited.DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,herebv make,constitute and appoint: *** Robin S. Westfall, Gregory M. Pribyl, Daniel Livsey, jointly or severally*** as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is.authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8"'day of January,2002_ By: C_ q AND / ., O pAN), David H.Rhodes,Executive Vice President c'`J .'` i'OR �- PO y � q y�.''of~f'.. Al �0� R yt�Gil OCT. rs cz OCT:UJ 10 .5 O 0 s 0 ; 1 9 3 6 ,`�� � 1967 � By: �^ 1� Walter A.Crowell, Secretary .,°0��30",�ow; rad`.`'` �</FO� STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On January 8,2001 before me,Antonio Alvarado,personalty appeared David H. Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names 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 entity upon behalf of which the persons acted.executed the instrument. WITNESS my hand and official seal. * of ANTONIO ALVARADO pCOMM.#1300303 Notary Public-California X �SORANGE COUNTYSignatur y Comm.Expires APRIL L10,2005 CERTIFICATE The undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney.are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 28thday of August 2003 By David O.Lane,Chief Operating Officer ID-1380(01/02) insc c:0 DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond. Under this program, the .Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only When aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of$1,000,000,000.00 for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance,including surety insurance, The Act does not,however,result in any change in coverage under the attached bond. No additional premium has been charged for the terrorism coverage required by the Act. INSCO INSURANCE SERVICES,INC. Underwriting Manager for: Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch,Suite 20o+Irvine,California 92614•(949)263-3300 www.inscoDico,com 0-1498(3103) STATE OF California _ SS. COU,,VTY OF Centra Costa On August 28th,2003 before me, Rita A.Bisaha PERSONALLYAPPEARED Daniel Livsey personally known to me d e)to be the person(wf whose name(,s4 islr -subscribed to the within instrument and acknowledged to me that helr(,teL hqt ,executed the same in h.kllwh r authorized capacity(,and that 1 y hlsllaoWOwir• signature*on the instrument the persons,or the entity upon behalf gf which the person acted, executed the instrument. RITA A.8 HA COrnmission# i 36 x5 WITNESS my hand and official seal. � o► Notary Public - California Contra Costa County MyCOMM,EXaires Aug 5,2006 i d Signature Rita A.Slsahs This area for Official Notarial Seat OPTIONAL Though the data below is not required by lawn, 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 L t INDIVIDUAL Ei CORPORATE OFFICER Bond#8574155 TITLE OF TYPE OF DOCUMENT TITLE(S) PARTNER(S) LIMITED [� GENERAL Three ATTORNEY-IN-FACT NUMBER OF MAGES TRUSTEE(S) 0 GUARDIAN/CONSERVATOR ❑ OTHER:_ _ August 28th,2003 DATE OF DOCUMENT SIGNER 1S REPRESENTING: NAME OF PERSON(S)OR ENTITY8ES) Indemnity Company of California _ SIGNER(S)OTHER THAN NAMED ABOVE 0-1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of / d. ,t,�/GL.• OPTIONAL STICTION County of C i CAPACITY CLAIMED BY SIGNER Cht ,before me, r Though statute does not require the notary to ilii In DATE NAMR� �oP ort»IeBR a.tT~`�rANxi Daus,u TARY a u� the data below,doing so may prove Invaluable to 4— jpersonally appeared � �e u aP persons relying on the document 0 INDIVIDUAL ersonatly known to me-OR-O proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S) be the person(s)whose name(s)Ware Timis) subscribed to the within instrument and .w acknowledged to me that he/sho/they executed D PARTNER(S) 0 LIMITED MARIE the same in his/her/theft authorized p GENERAL COMM.##2g$$7Q oa �E aoi ies) �+,and that b his/her/their ❑ ATTORNEY-IN-FACT p INOTARY PUSLtG-CkUFUNIA � signature(s)on the instrument the person(s)or 0 TRUSTBB(S) Carus Caata CoaniY # entity upon behalf ofwhich the person{s) 0 GUARDIAN/CONSBRVATOR + Cam�sr.Expirst an.t5,2004 acted' xeeuted the fnsuument. 0 OTHER: y and and official seat, SIGNER IS REPRESENTING; Z 4P (NAM OF PERSON(S)OR WrITY(r$M)i /FWTMOf NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO T14B 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 t