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HomeMy WebLinkAboutMINUTES - 11042003 - C21-C25 ................ _.. _ 1111111 IIf II�IlI111111I1 II I!I IIlfllIlll I ill fl1ll CONTRA COSTA Co Recorder Office C. 7001 STEPHEN L, HEIR Clerk-Recorder Recorded at the request of: [SOC-- 200 -0554557--00 Contra Costa County Wsdnesdaty,, NOV 12, 2003 10:39:13 Board of Supervisors Return to: FRB �� ®� Public Works Department Tt 1 Pd $0,00 Nbr-0001850996 Engineering Services Division 1 r t/R 9/1-�' Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 4, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER and DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/673 SUBJECT: Releasing deficiency deposit and surety bond for Subdivision 7582,El Sobrante area. (District 1) On January 21, 2003,this Board resolved that the improvements in Subdivision 7582,El Sobrante area had been completed as provid6d in the Subdivision Agreement with Cerrito Development,Inc., with the exception of deficiencies for which the$5,800.00 cash deposit(Auditor's Deposit Permit No. 276635 dated April 15, 1996)made by Cerrito Development, Inc., and a bond rider(Bond No. 1845288 dated December 19, 2002) issued by Developer's Surety and Indemnity Company were held to ensure satisfactory completion of the outstanding deficiencies. PE:cw G:\GrpData\EngSvc\BO\2003\11-4-03\SUB 7592.doc Originator: Public Works(ES) Contact:Rich Lierly(313-2348) Recording to be completed by COS cc: Public Works Tax I.D.77-0280647,Accounting T.Bell,Construction Div. P.Edwards,Engineering Services T.Moreira,Community Development Dept.,Current Planning I hereby certify that this is a true and Correct copy of an action taken CerritoLaverencnce Expressway peInc, Lawrence wrand entered on the minutes of the Board of Supervisors on the date E Santa Clara,CA 95051 shown. Clifton Consulting Group J.Sorenson November 4 2003 P.O.Box 1513 ATTESTED: Los Altos,CA 94023 JOHN SWEETEN,Clerk of the Board of Supervisors and County Developer's Insurance Company Administrator c/o Inseco Insurance Services,Inc. 3466 Mount Diablo Boulevard,Suite 104 f11 Lafayette,CA 94549 jf M.Myers,State Court Receiver 675 W.Foothill Boulevard,Suite 200 By f .__,..- 9✓ Deputy Claremont,CA 91711 ,d Westport Associates Insurance Services R.Bergman 1320 Willow Pass Road,Suite 490 Concord,CA 94520 Irene Yao 2971--25"Ave. San Francisco,CA 94132 RESOLUTION NO.20031 673 SUBJECT: Releasing deficiency deposit and surety bond for Subdivision 7582,El Sobrante Area. (District I) DATE: November 4, 2003 :PAGE: 2 The Public Works Director has notified this Board that the aforesaid deficiencies, specifically the satisfaction of Conditions of Approval 14B, 14E and 23B(street trees and revegetation of open space and payment of certain County charges) have been completed and Condition of Approval 14C (masonry wall) has been deemed unnecessary by the County Zoning Administration on May 19, 2003. NOW THEREFORE BE IT RESOLVED that the Public Works Director is authorized to REFUND the $5,800.00 cash deposit (Auditors Permit No. 276635 dated April 15, 1996) plus interest, if appropriate, to Cerrito Development, Inc., in accordance with Government Code Section 53079 Ordinance Code Section 94-4-406 and the Subdivision Agreement. BE IT FURTHER RESOLVED that the deficiencies have been satisfied and the Subdivision Agreement and surety bond are EXONERATED. RESOLUTION 2003/673 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 4, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER and DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/674 SUBJECT: Approve the Second Extension of the Subdivision Agreement (Right of Way Landscaping) for Subdivision 8134, San Ramon(Dougherty Valley) area. (District 111) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Subdivision Agreement between Shapell Industries of Northern California, a Division of Shapell Industries and the County for construction of certain improvements in Subdivision 8134,in the San Ramon(Dougherty Valley)area,through September 21, 2004; ♦ ANTICIPATED DATE OF COMPLETION: 2006 REASON FOR EXTENSION: Landscaping will begin in approximately 2004. IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED. JG:gpp G:\GrpData\EngSvc\BO\2003\11-04-03\SLB 8134 BO-Il.doc Originator: Public Worn(Es) I hereby certify that this is a true and correct copy of an action taken Contact: T.Rie(313-2363) and entered on the minutes of the Board of Supervisors on the date ec± Public Work;—T.Bell,Construction shown. Current Plaruting,Cor ununity Development T—August Indu t,es cfNor.Gray) CA ATTESTED: November 4 2003 Shapell Industries of Nor.CA Attn:Jim Gold&Sam Worden JOHN SWEETEN, Clerk of the Board of Supervisors and County N.Milpitas Blvd. P.O Administrator P.O.Box 361 I69 Milpitas,CA 95035 American Casualty Co. ; 5820 Canoga Ave.,Suite 200 V/ Woodland Hills,CA 91367 By.f , � r�� �� �✓ Deputy f' 3 f 1 RESOLUTIONN NO.2003/ 674 CONTRA COSTA COUNTY RIGHT OF WAY LANDSCAPING AGREEMENT EXTENSION Development Number: Sub 8134 Developer: Shapell Industries of Northern CA Original Agreement Date: September 21,1999 2nd Extension New Termination Date: September 21,2004 Improvement Security Surety: American Casulty Co.of Reading PA Band Number No.(Date): 929097481 (August 31, 1999) Security Ty Security Amount Cash: $3,900.00(1% cash,$1,000 Min.) I Bond: $389,300.00(Performance) $196,600.00(Labor&Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety(or Financial Institution)hereby agree thereto and acknowledge same. Dated: ?-0 Z74 0 3, D ted: August 21, 2003 S es o t a ornia, a ion. Inustrles, lnc. FOR CON'T'RA COSTA COUNTY Maurice M.Shiu,Public'Works Lure or Devela er`s Signa e(s) Vic r 7 I3y: Printed 100 N. Milpitas Blvd. Milpitas, CA 95035 RECOMMENDED FOR APP OCTAL: Address By. Ami rican Casualty Con nZ cif Rending, PA (Enginee Se ce Division) Surety or Financial institution 5820 Canoga Avenue, Shiite 200 Woodland Hills, CA 91367 Addt6s (NOTE; .Developer's, Surety's and Financial F` gin, -/; x Institution Is Signatures must be Notarized.) Attorney inFacts f Signature FORM A.MOVM!Vkwl W-MIA County C ud l l a L. S Stocks Printed rifrer Ao_rov4 Return to Clerk of the.8dard CONTRA COSTA COUNTY REQUEST FOR RIGHT OF WAY LANDSCAPING AGREEMENT EXTENSION Development Number: Sub 8134 If you were unable to complete your agreed to improvements within the one-year period originally granted by the Board of Supervisors in The Agreement,the County may grant you a one-year extension upon your written request,Please realize that you must complete your improvements in an expeditious manner,as unlimited extensions will not be granted. Please provide the reason why you need additional time to complete your improvements: v %% ��­,, 1� . % A Please provide your anticipated date of completion: Please provide your construction schedule: r L",3 .� Z A, PR r,�X. i ry ZC Please provide us with your Federal Tax ID Number: (It is mandatory that we have this number per Federal Tax Law for bonds and deposits that we refund.) Please identify any parcel numbers and owners of lots within the development: ---_CQse additional Lages,if necessary) Assessor's Parcel Owner's Property Owner's Phone Number Name Address Address Number r 6", POWER OF AT" ' NEY APPOINTING INDIVIDUAL ATTC, 'BEY-IN-FACT Know All Men 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 called"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 seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Dalt,Sandra V Hanner,Individually of Sherman Oaks,CA,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of 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 executed 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 seals to be hereto affixed on this 9th day of July,2003. � W Continental Casualty Company National Fire Insurance Company of Hartford ,,McarFa American Casualty Company of Reading,Pennsylvania JULY 31, 7�1tom, " • Michael Gengler Seli Vice President State of Illinois,County of Cook,ss: On this 9th day of July,2003,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President 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 described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. OFFICIAL SEAL ELIZA PRICE NaraRv>'UMt.iC,STAT*aF Iu.iNaasc MY aCMMISSM WORKS;0"711" 400 My Commission Expires September 17,2006 Eliza Price 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 of Directors of the corporations printe"n the reverse hereof is still ip force. In testimonyw,(i r f I have hereunto subscribed my name and affixed the seal of the said corporations this Zist day of X3 L �y ^acrya , Continental Casualty Company National Fire Insurance Company of Hartford c ��irtr American Casualty Company of Reading,Pennsylvania SEAL JULY 1. - Mary A.Rtbikajokis Assistant Secretary Form F6853 `Authorizing By-Laves 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 to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and 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 17a`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 it is attached,continue to be valid and binding on the Company" ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article Vr--Execution of Obligations and Appointment of Attorney-In-Fact Section 2. 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 to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal 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 duly 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 seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI 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 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-Pact,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 17d 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 valid and binding on the Corporation. 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 it is attached,continue to be valid and binding on the Corporation." _.. .__.................................................................................................................... - ........................................................................................................................................................................................................................... State of CALIFORNIA County of LOS ANGELES On August 21, 2003 before me, Sandy Banner Notary Public Date NAME, TITLE OF OFFICER„ "JANE DOE, NOTARY PUBLIC" personally appeared Pamela L. Stocks NAME(S)OF SIGNER{S} (X) personally known to me —OR--(_.._) proved to me on the basis of satisfactory evidence to be the person(a) whose name(4 isla»ubscribed to the within instrument and acknowledged to me that Wshe/ilW executed the same in hW1her/mac authorized capacity{.i , and that by Wher/ signature(a) on the instrument the person(s), or the entity upon behalf of which the person(O acted, executed the instrument. SANDY HANNER WITNES y hand and official seal. _ Commission#1382157 :) a' Notary Public-CoWorrft Los Angeles County SK3NA7 RE OF NOTARY My Comm.Expires Jul 2,20W 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(S) TITLE OR TYPE OF DOCUMENT PARTNER(5) (_..} LIMITED GENERAL NUMBER OF PACES (X) ATTORNEY-IN-FACT ( . ) TRUSTEE(S) {_} GUARDIAN/CONSERVATOR {� ) OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) American Casualty Company of Reading, Pennsylvania SIGNER(S) OTHER THAN NAMED ABOVE G-107426.8 NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company, Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DI CLOSURE OF PREMIUM . The premium attributable to coverage for terrorist acts certified under the.Act was Zero Dollars ($0.00). DISCLQSURE OF FEDERAL PARTICIENTION IN PAYMENT F TERRORISM SSE The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable suretylinsurer deductible. Farm F7310 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT f� 7 1 '-"< State of Cali is County of l�a 1f ` - ss. Date' Nam and Title of Officer e. g. "Jane s _ ( , Doe. No,ary Public") ✓{ personally appeared C' `"C" �Z4 4� `x_ Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence Ato be the personX whose name is/are JANCET KRUSE subscribed to the within instrument and Commbsion* 1318647 acknowledged to me that he/shefthep-executed WkW Pub#c.CaWxrio the same in his/h t� authorized Sunla Ciotit Cotw* capacity(ie'aj-, and that by his/heir NNS 1i signatureW on the instrument the personXI&I, or the entity upon behalf of which the personw X acted, executed the instrument. 1 #" TNESS my hand and official seal. t Signature of Noiary Public f DP NE� y Though the information below is not required by law,it may grove valuable to persons relying on the document and could prevent " fraudulent removal and reattachment of this form to another document. Y� Description of Attached Document Title or Type of Document: Document Date: Number of Pages: j Signer(s)Cather Than Named Above: Capacity(les) Claimed by Signer Signer's Name: Individual C" r.� Top of thumb here Corporate Officer—Title(s): ❑ Partner---❑ Limited ❑General k ❑ Attorney-in-t=act ❑ Trustee ❑ Guardian or Conservator ❑ Other: �S C 1 c; Signer lsRepresenttng�� „ 4� y 0'999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•chataworth,CA 91313-2402-www.nationalnctary.org Prod.No.5907 Reorder:Cal:ToR-Pree 1-800-876-6827 CONTRA COSTA COUNTY PUF "'C WORKS DEPARTMENT ENGIN ERING SERVICES DIVISION COST AND TIME NOTIFICATION FORM Cost: The Public Works Department collects deposits for map checking,improvement plan review and inspection based upon a percentage of your Engineer's Cost Estimate and a calculated"average"of staff time required. These deposits are used to cover the costs accrued by our staff while processing your development. Your And cost could be more or less than this average. During the course of processing your development,there may be three(3)phases. I. Application,map checking,improvement plan checking or compliance with conditions of approval. Board Action: Formal approval and filing of the Final or Parcel Map and/or release of hold on building permits. (Nate: Once your improvement plans are approved,yourproject immediately proceeds into the inspection phase whether or not construction actually begins, and all succeeding staff time is charged accordingly). II: Construction and inspection process. Board Action: Formal acceptance of constructed improvements. III:Warranty period if development includes construction of public improvements. Board Action.Confinnation of satisfied warranty period,exoneration of surety bond or letter of credit and return all remaining cash deposits. .Prior to submitting gaLitems to the Board of Supervisors for approval, we will review your deposits and our staff charges.If the charges exceed your deposit,you will be billed far the difference.If the deposit on hand is less than our estimate of costs remaining,you will be required to increase your deposit On completion of yourproject,we will refund any unused deposits. It is important that you understand that all staff time spent on your development,including time for writing letters,telephone calls, counter calls, bonding company inquiries, meetings, appeal processes, revisions, and related activities is charged against your deposit for each phase of development. The longer it takes to complete improvements,the more charges you will probably accrue. You can help to keep your inspection costs down by notifying the inspector in advance of your construction schedule and by keeping the inspector informed of your progress. We cannot overstate the financial benefits to you of constructin-your improvements in a timer manner. Time: The time required to process your development through the Public Works Department can vary greatly depending on the complexity of the project,the surrounding environment(age and adequacy of existing infrastructure,etc.)and your turn around time. Average processing time is from 6 months to 2 years or more. Please allow for this time in your scheduling. Some factors affecting time are uncontrollable but others can largely be controlled by: 1)insuring that all submittals are complete; 2) addressing all comments from staff; 3) returning your corrected documents back to the Public Works Department as quickly as possible. Be aware that the rights given to you by your Tentative Map or permit are only good for a fixed amount of time. It is up to you to insure that all processing is complete before this time expires. Please contact your planner to insure that your rights are protected and that you will have adequate time for processing. Should you have questions about the development fees or process,please do not hesitate to contact your map or plan checker or the Engineering Services Division at(925)313-2000. ■■rrrrr�rrarrrrrrrrrrrrrrrsrr■rrrrrrr■rrrrrrrrrrr,wrrrrrrrrrrrrrrrrrrrrrr�rrrrrrrrrrrrr■ I have read,and understand,that the cost for processing my development is based on actual time and materials spent by the County's staff during the processing and review of my development,and that I am responsible for paying all staff costs prior to any action by the Board of Supervisors. I also understand that processing can take a long time(6 months to 2 years or more)and it is my responsibility to insure that adequate time is allovped for processing and that any rights I may have are protected. a (SignatureofDeveloper) (Date) (Printed Alamo) Development Number (If time is of the essence for your development,your map check and/or improvement plan review maybe placed on an accelerated schedule for SO% fee premium.For details of this premium processing service,please discuss this option with your map or plan checker.) G:1GepDar T.gSvcT-o LH WORDIiE-1 FORM.d. upd.W grot 4f THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 4, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER and DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/675 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8571,being developed by Hofmann Land Development Company, Byron area. (District III) A The following documents were presented for Board approval this date: I. Map The final map of Subdivision 8571,property located in the Byron area,Supervisorial District III, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Hofmann Land Development Company, principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: I hereby certify that this is a true and correct copy of an action Originator:Public Works(ES) taken and entered On the minutes of the Board of Supervisors Contact: Chris Lau(313-2253) on the date shown. CL:rm G:\GrpData\EngSvc\BO\2003\11-04-03\SUB 8571130-2 l.doc cc: Public Works—T.Bell,Construction Curtent Planning,Community Development November 4 2003 T-September 4,2004 ATTESTED: xofrR berrttDevelopment Company JOHN SWEETEN, Clerk of the Board of Supervisors and Henry 1380 Galaxy Way County Administrator Concord,CA 94522 Liberty Mutual insurance Company Deborah Baker 1 Front Street,Ste 870 y f Deputy San Francisco,CA 94111 B !' . 1 f� RESOLUTION NO.20o3/ 675 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8571, being developed by Hofmann Land Development Company, Byron area. (District III) DATE: November 4, 2003 PAGE. 2 A. Cash Bond Performance amount: $20,755.00 Auditor's Deposit Permit No. 413390 Date: October 16, 2003 Submitted by: Hofitnann Land Development Company Federal Tax ID Number: 68-0419482 B. Surety Bond Bond Company: Liberty Mutual Insurance Company Bond Number: 070000633 Date: October 10, 2003 Performance Amount: $2,054,745.00 Labor&Materials Amount: $1,037,750.00 Principal: Hofmann Land Development Company III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2003-2004 tax lien has been paid in full and the supplemental tax lien, is estimated to be $0. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. SUBDIVISION AGREEMENT (Government Code 566462 and 566463) r Subdivision: Subdivider: Yl-41�0eo'dw Aevrgi Effective Date: � ZZ—( —6 Completion Period: 1 year THESE SIGNA'T'URES ATTEST TO THE PARTIES'AGREEMENT HERETO: CON'T'RA COSTA C LINTY SUBDIVIDER M. Shiu, Public Works Direct I3y: t✓ (signature) ,ii (Print name&title) RECOMMENDEDFOI�APPROVAL By: ti bw (signature} I; cerinerVICES tan (Print name&title) FORM APPRCIVED: 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 8313.) I e PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Court ",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 SS66410 and following),in a good workmanlike planner,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. - ROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code 566499,and the County Ordinance Code,provide as security to the County: JZ- A. For Performance and Guarantee: S . 46cash,plus additional security,in the amount of$ Z,0 5L#, � Z �e 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 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. FadPayment: Security in the amount of S /z 0 .475-0 -'0 0 ,which is fifty percent(50'1,))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 Ietter 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.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 S94-4.406 and S94-4.408 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(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. 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 WORT{.. 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(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PIAN 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 liability 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 the 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,except as provided in this paragraph,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. The provisions of paragraph 8(Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. GAGrpData\VngSvc\Fonns\AG WORMAG-30#2.doc Rev. Decmber 24,f 949 _. . CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California ) ) SS. County of Contra Costa ) On October 13, 2003, before me, D. Panteles, a Notary Public in and for the State of California, personally appeared A.T. Shaw, personally known to me to be the person whose name is subscribed to 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 entity on behalf of which the person acted, executed the instrument. WITNESS my hand and official seal --`". ?ANTELES Comm,#1296585 '• ► NO'AryY PUBLIC-CALIFORNIA C +.Tq Caata County My M .. .S Signature Reference: Subdivision Agreement— 8571 Lakes 2 Crate: October 13, 2003 Pages: 1 � N m tet n�m n +gym NG7 L, cn ,n ` C, Clo v v J ass05 jf i rrt RUN IS -4 t7 a 3nai,zd,da.00—=e I :I ro � gal a !g dcg POON AVIS � m»M n� ;SMF:� llOJF,a ��V J st �p tp,y p .,/ w yyyGGG y C4 O hIYJ - M 4i" x} tn�gp t� Z m m ! ry t an a 3: I plyyr Fr �i ENS.tb o? S7 i+y ;��Z�PI "i��`'rw'VIG r�O r+'Vs ��!V. ♦ -�...# m oa of ^ vnn J VS ilk p Fill 3„11£A0.N 10(7 N.iM d.No)IA3xvl O./ON ,n (Yr'—IV},99'949Z 3j,£,MdON� tlVOxx97X2H 3,4£AO.ION p _ °3' ° a5 SONW39 SO SISV9 ry, .P 27 pi n F•. �W 11yyall r� " SEE SHEET 4 ct° C� i NO2'5A'J5 .z� ca tw "WAR 11 � " ..... '05v' n �-w;('f•,�' ra�:�f'-'us i,�'y '..� "^' �+.:� e.'{ � _ � �<h c+"v' t"ti .v.r i � s � L"a . 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NO3'D6'25"W R M" rte• 100,59' 105.05' «i � x z x;x z x�z x x x z;z ' 0 902'46'18"W ft)700.&0' `+-5.00'UE 5.00'UE 5.00'UE par I 51.3314$ �3S F �-�'i c Lh ir'VVf`II i V1 4+VIi{iKM�.Vw11fS f.. ..... DEPOSIT PERMIT f �� OFFICE OF COUNTY AUDITOR-CONTROL R • TO THE TREASURIrR. T"NEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT ACCT. t4X 662q oo )(7L,x 4. c_ EXPLANATION: A, TOTAL $ ft �7 t f f c DEPOSIT I t `// Deposit consists of the following items L4 r t l !/�e' COIN and CURRENCY $ r It' r7 � � �:� � CHECKS,M.O.,ETC. BANK DEPOSITS $ G'ICC- - , (7�r� ti� ��� ��) r, !f� 2 f'"d ` ��"���� C� ,.�� FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT NUMBER 4 r< DATE 413390 01/0 C -a 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 Treasury, acknowledged - L4;1;1 ay. Date t_ Z EXT.v �. ; _ &i�ned: _. t Signed. y / Deputy County Auditor Deputy County Treasurer D-34 REV.(7-93) 1 DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER rn} TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM tJ ORGANIZATION NUMBER (Por Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. A UT TASK OPTION ACTIVITY AMOUNT Is I I 312 Ll I t' I �} � .r�. -i of L'C�, C. C Y 106 Or t ..�-_A OL 4al�e,.CL�:L L01 I I I I I I 1 0 VA) 9011 I EXPLANATION: TOTAL $ DEPOSIT Deposit consistsof the following items COIN and CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT NUMBER DATE ASSIGNED f-�- The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby de{osit into the County Treasury. acknowledged. Sign' r f :E; ,,e. Date '''{�• X Signed: Signed: Tine' " EXT. ' r County Auditor Deputy County Treasurer s.. D-3dREY.{ l t.VVNI7 LJt'tiVtYIKALVotA ©►EPbSIt POW OFFICE OF COUNTY AAJDITORT CC INTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA . . . RECEIVED FROM ORGANIZATION NUMBER pu bili P (Por Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. ACCT. TASK OPTION ACTIVITY AMOUNT r `1� � 'tc i # # i # # # { { # i # # E i 4 { { I I It-L- 1 IL I I L-L 1 1- 1 A I I 11 L I I I I } EXPLANATION: TOTAL $ ! DEPOSIT # Deposit consists of the following items COIN and CURRENCY $ CHECKS,MQ,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE ASSIGNED The amount of money described above is for Treosurer's receipt of above amount is approved. Receipt of above amount is hereby de osit into the C }}ty Treasury. _ acknowledged. Signet '11C:=F [ ' .` {/ t';��� r � .� Date � .....- Signed: _ ' Signed: Title. `` C. _bc�-A EXT. ),5414Deputy County Auditor Deputy County Treasurer D-3AREV..(7-93) 819800.0800 61121615, $20.755.00, Sub 8571, Cash Performance Bond, Hoffman Land'Devel'opment Co., 1380 Galaxy Way, Concord, CA 94520 819800x-0800: 61121617, $31,800.00, Sub 8572, Cash Performance Bond, Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: 61121618, $42.480.00, Sub 8577, Cash Performance Bond, Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: G1121619, $9,460.00, Sub 8578, Cash Performance Bond, Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: G1121620, $17,000.00, Sub 8579, Cash Performance Bond, Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: G1121656, $3,840.00, RA1147, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1121660, $13,600.00, PA0005, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G11216621 $20,700.00, RA1142, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1121664, $1,000 Sub 8712, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1121666, $1,320.00, Sub 8713, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1121668, $22,300.00, Sub 8683, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: G1121669, $1.500.00, Sub 8714, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800. 61121671, $1,100.00, Sub 8715, Cash Performance Band, Windemere BLC LLC, 3130 Crow Canyon PI #310, Son Ramon, CA 94583 819800-0800: 61121673, $2,250.00, Sub 8716, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: 61121675, $5,900.00, Sub 8717, Cash Performance Bond, Wndemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 61121613, $1.400.00, Cash Deposit for Flood Control Permit 630-03, City of Brentwood, 708 Third Street, Brentwood, CA 94513 0649-9665 / 831000: 61121653, $400.00, RS 2836, Record of Survey Deposit, Thomas Gringrich, PO Box 504, Alamo, CA 94507 0649-9665 / 831000: G1121654, $500.00, RS 2837, Record of Survey Deposit, Downrite Demolition & Excavation, 1407 Webster St. #201, Oakland, CA 94612 0649-9665 / 831000: 61121655, $500.00, RS 283, Record of Survey Deposit, Crenshows', 228 Calle Le Montana, Moraga, CA 94556 0649-9665 / 831000: 61121657, $20.800.00, RA 1147, Road Acceptance Inspection, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 61121658, $14,280.00, bG0028, Drainage Inspection Plan Review Deposit, Wi ndemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-3665 / 831000: G1121659, $109,150.00, PA0005, Landscape Improvement Inspection, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 61121661, $135.700.00, RA1142, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 01649-9665 / 831000: 61121663, $8,200.00, Sub 8712, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 61121665, $11.050.00, Sub 8713, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 61121667, $12,600.00, Sub 8714, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 61121670, $9.100.00, Sub 8715, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon Pl #.310, San Ramon, CA 94583 0649-9665 / 831000: G1121672, $18,500.00, Sub 8716, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 61121674, $47,680.00, Sub 8717, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon P1 #310, San Ramon, CA 94583 821400-0800: 61121503, $64.248.00, SCC Sub Reg, Toll Brothers Inc. California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583 821500-0800: G1121503, $23.628.00, SCC Reg, Toll Brothers Inc. California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583 828800-0800: 61121503, $19.140.00, Tri Valley Transp, Toll Brothers Inc. California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583 Subdivision: 8571,Lakes 2 Bond No.: 070000633 Premium$18,493 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance,Guarantee and.payment) (California Government Code §§ 66493-66499.10) 1. RECITAL OF SUBIITVISION AGREI;Mgm: The developer(principal)has executed a subdivision agreement with the Countv of Contra Costa to install and pay for street, drainage and other improvements in Subdivision 8571 ,as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision.. Z. OBLIGADON: Hofmann Land Development Company as principal and Liberty Mutual Insurance Company a corporation organized and existing under the laws of the State of Massachusetts and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee: Two Mii#ion Fifty Four Thousand Seven Hundred Forty Five and no1100ths***** Dollars($ 2;054,745***** --- )for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. PayMent: One Million Thirty Seven.Thousand Seven Hundred Fifty and no1100ths***** Dohme ($ 1,037,750**--* - - )to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal, or pi m opal's heirs,executors,administrators,successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants,conditions and provisions in the said a reer ent and any alteration thereof made as therein provided, on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning 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 then and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond,will pay, in addition to the fact amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees, incurred by the Cour-qty of Contra Costa(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court,all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under conditions of this bond be fully performed,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee)shall relieve the surety from liability on this bond;and consent is hereby given to make such alteration without further notice to or consent by the surety;and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. SIGNED At_I13&ALED on October 90th,2003 pRIHOIpAj; Hofmann Land Development Company SUPETy: Liberty Mutual Insurance Company Address: i3 4 Address: 9 Front Street,Ste.870 City: _ �` City t San Francisc A Zi 9491 _. By: _ 't < ' '' s 11° By: Print Name: CA Print Name: Deborah Baker___,______ Title: a ! Title: Attorney-in-Fact Mmwaap GAGrpO&tR\En%Svc\rorms\BN WOkMSN-12.doc Rev.November 28,2000 -- - _ _,. - __ NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company"); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Bond Services (referred to collectively hereinafter as the "issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LMIC-6539 2103 1274312 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint JAMES C.JENKINS,MICHAEL .HOGAN,MAT'I"HEW J.DRUMRIGHT,DEBORAH BAKER,ALL OF THE CITY OF CONCORD,STATE OF CALIFORNIA.............. .... ................ .. .. ..........« .... ............... . ................................«.... ............................................................. I................c. ..... . ..« ...... .... ........«....... ........ each individually if there be more than one named,ft trueandlawful attorney-In-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,*a*y*and all undertakings,bonds, recognizances and other surety obligations in the penal sum not exceeding FIFTY MILLION ANI?D01100 DOLLARS{ 50 000000.00*"'*• )each,and the execution of such undertakings, bonds, recognizances and other surety obligations, In;pursuance of these presents,shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitatlons as the chairman or the president may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to snake, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their p signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be 4 C as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attomeys-in-fact: C Pursuant to Article Xlli, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby E authorized to appoint such attorneys-In-fact as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and 10 deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. 1 31- 10.10 4) That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. UJ IRI WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of 0. Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 29th day of April 0 2003 LIBERTY MUTUAL INSURANCE COMPANY Cs � fro By G Garnet W Elliott,Assistant Secretary sy N COMMONWEALTH OF PENNSYLVANIA ss �' COUNTY OF MONTGOMERY O C On this 29th—, day of April 2fl 3 ,before me,a Notary Public, personally came Garnet W. E111 tt,to me known,and acknowledged G•— that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above EO Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. O tt! TESTIMONY WH R unto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year W N 3 ro = first above written. Nw �„ COI T rxxva Fair is N 4_ry PU�'�:,;J _ rw L OF piynx)uAbTwg, @d,z 4y ,awry CtGo ByZ6444 ( 1�G. �r '3 tviy C i nrnr; .tn� x to P.fu Ter sa Pastella,Notary Public b CERTIFICATE ; 1,the undersigned,Assistan cretary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and l do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article Xlll,Section 5 of the By-laws of Liberty Mutual insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Ccnnpany at a meeting duly called and held on the 12th day of March,1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the comoany in conna€:tivn with surety bonds,shall be valid and binding upon the company with the same force and effect as though manually affixd. IN TESTIMONY WHEREOF,I he a hereunto subscribed my name and affixed the corporate seal of the said company,this € day of October 2063 4MCareyAs's` By Dat Secretary State of California County of Contra Costa. On October 10,2003 before me,Myra J.Hicks personally appeared Deborah Baker ZPersonally 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 MYRA I HICKS /her/their signature(s) on the instrument the person(s) or the ° '''� 12127," entity upon behalf of which the person(s) acted, executed f4oWC comity the instrument. W CbMM.b0%Feb2662M5.� WITNESS my hand and official seal. .,.ramee5t.GkrZ6us". f J J 'ilk ) igna i of Notary Public s i ---------------------------------------------------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: Hofmann Land Bond 070000633 for Contra Costa County Document Date: 0L13 Number of Pages: 2 Signer(s)Other Than Named Above: Capacity(ies) claimed by Signer(s) Signer's Name: Signer's Name: []Individual El Individual Corporate Officer Corporate Officer Title(s): Title(s): D Partner-(Limited[General F-1 Partner-®Limited❑General ® Attorney-in-Fact Attorney-in-Fact ❑ Trustee f t [ Trustee dGuardian or Conservator ; YryF ❑ t_ Guardian or Conservator ElOther: Top of TNam6 Hare Other : Top of Thumb Here Signer is Representing: Signer is Representing: Liberty Mutual . CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California ) SS. County of Contra Costa On October 13, 2003, before me, D. Panteles, a Notary Public in and for the State of California, personally appeared A.T. Shaw, personally known to me to be the person whose name is subscribed to 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 entity on behalf of which the person acted, executed the instrument. WITNESS my hand and official seal 'A' TELES 1� com"r # Q9658r' x -i�� Signature; Reference: Improvement Security Bond for Subdivision Agreement-8571 Lakes 2 Date-, October 13, 2003 Pages: 1 k , z ell CERTIFICATION OF SECRETARY I, Dennis M. Drew, do hereby certify that I,am duly elected and qualified Secretary and the keeper of the records and corporate seal of Hofmann Land Development Company, a corporation organized and existing under the lags of the State of California, and that the attached is a true and correct copy of a resolution duly adopted at a meeting of the Bard of Directors thereof, convened and held in accordance with law and the Bylaws of said Corporation and that such resolution is now in full force and effect. Dennis M. Drew, Secretary Date: � _ ACTION BY THE BOARD OF DIRECTORS OF "W HOFMANN LAN6 DEVELOPMENT COMPANY BY WRITTEN CONSENT WITHOUT A MEETING The undersigned, being all of the present directors of Hofmann Land development Company, a Callfornla corporation, Individually and collectively consent, by this writing, to take the following actions, to adopt the following resolution, RESOLVED, that the corporation authorizes A.T. Shaw to execute, In his authorized capacity as CEO/President, any and all documents related to the purchase and safe of real property, any and all documents related to the approval of tentative and final subdivision maps, and any and all documents related to land improvement agreements, such as subdivision agreements, and any and all band agreements. This consent Is executed pursuant to section 307, subdivision (b) of the Caiifornla Corporations Code, which authorizes the taking of action of they Board of Directors by unanimous written consent without a meeting. [dated: August 1, 2000 Kenneth .4 a n, Director v Albert T. thaw, D or ennon, Director ernes A, Whalen, DI Dennis M. Drew, Director 4 Richard L. Greene, Director P"/03 FATCO 8574 Tax Collector's officetY##Item J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 400 P.O.Box 634jj''�''//�� Russell V.Wath Martinez,California 54553- Costa Chief Deputy Treasurer-Tax Collector 0063 County(525)646-4422 ountJoslyn Mitchell (525)646-4435 FAX `` II Tax Operations Supervisor Date: 9/18/2003 IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2003, THIS LETTER I5 VOID This will certify that I have examined the map of the proposed subdivision entitled. Tract/MS# City T.R A. 8571 BYRON 80054 Parcel#: 011-240-001-5 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2003-2004 tax lien has been paid in full. Our estimate of the supplemental tax lien is $0.00 This tract is not subject to a 1915 Act Bund. If subject to a 1915 Act Bond, the original principal to calculate a segregation is 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-T ix oljector A , {: C THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 4, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER and DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2003/676 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8572,being developed by Hofinann Land Development Company, Byron area. (District III) The following documents were presented for Board approval this date: 1. Map The final map of Subdivision 8572,property located in the Byron area,Supervisorial District 111, said map having been certified by the proper officials. 11, Subdivision Agreement A subdivision agreement with Hofmann Land Development Company, principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: I hereby certify that this is a true and correct copy of an action Originator:Public Works(ES) taken and entered on the minutes of the Board of Supervisors Contact: Chris Lau(313-2293) CL:rm 021 the date Shown. G:\GrpData\EngSvc\BO\2003\I1-04-03\SUB 8572 B0-21.doc cc: Public Works-T.Bell,Construction Current Planning,Community Development T-September 4,2004 ATTESTED: November 4 2003 xo8nann Lana Development Company Robert Henry JOHN SWEETEN, Clerk of the Board of Supervisors and 1380 Galaxy Way County Administrator Concord,CA 94522 Liberty Mutual Insurance Com any Deborah Baker I Front Street,Ste 870 ' San Francisco.CA 94111 By ! , ' Deputy RESOLUTION NO.2003/ 676 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8572, being developed by Hofmann Land Development Company, Byron area. (District 111) DATE: November 4, 2003 PAGE: 2 A. Cash Bond Performance amount: $31,800.00 Auditor's Deposit Permit No. 413390 Date: October 16, 2003 Submitted by: Honann Land Development Company Federal Tax ID Dumber: 68-0419482 B. Surety Bund Bond Company: Liberty Mutual Insurance Company Bond Number: 070000634 Date: October 10, 2003 Performance Amount: $3,140,000.00 Labor&Materials Amount: $1,585,900.00 Principal: Hofmann Land Development Company III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2003-2004 tax lien has been paid in full and the supplemental tax lien, is estimated to be$0. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION 20031676 SUBDIVISION AGREEMENT (Government Code 566462 and 566463) r Subdivision: 5 _ Subdivider: A,,toe Effective Date: _i Completion Period: i year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SI BDWIDER: as2 ra o 1_4,td y M. Shiu, Public Warks Director / ✓ 4we t j. By: Li (signatu-) REO M LADED FOR F OVAL (Print nama title) By: M (signature) ._ eering Services n (Print name&title) FORM APPROVE: "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 5313.) 1. PARI—MS&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Count ",and the above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision: 2. LMFRQVT MENTS. 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 SS66414 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. I-WROMEIIvii i E SEC Til py. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code 566499,and the County Ordinance Code,provide as security to the County: A. For Performanceand Gu rad ntee: $ 3z cL l O.' cash,plus additional security,in the amount of$ > which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented to the form of: Cash,certified check or cashiers check. 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$ / 5 5 � • .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 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 theta or to the Subdivider.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 S94-4.406 and S94-4.408 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(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 9646,"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(1)year from and after the Board of Supervisors accepts the work as complete. 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 S. 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 liability 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 the 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 suc 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,except as provided in this paragraph,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. The provisions of paragraph 8(Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. RL:mw:kw G:1GrpDatAEng5vc\FomtsUG WORDWG-30#240c Rev. December 29,!999 _........_........................................................................ - - ........................................................................................................................................................................................................................................................................... CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California ) SS. County of Contra Costa On October 13,, 2003, before me, D. Panteles, a Notary Public in and for the State of California, personally appeared A.T. Shaw, personally known to me to be the person whose name is subscribed to 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 entity on behalf of which the person acted, executed the instrument. WITNESS my hand and official seal Comm, RMA My Coe., Signaturer ............... Reference: Subdivision Agreement 8572 Lakes 3 Date: October 13, 2003 Pages: 1 +0 r Sig ii o � 'any m`rc�elia5 0 � a r- � �!{ � a ��"���`^�•� �'�'��,� ?'ip Ld M MCC xr, Ln 9ny ynuinryy U U z n� . o i p a z PARCEL C _ w cn p H Q SISYO 'Y 457 M 18 ' Cac 23,-�, G 3 M 0 CmL7 s�^„�y� 4 � HERON DRIVE > tom.) m LI t= � lJ 2t E2 d m H r a V r u < � w m i On t � � LAMMON?SOLTW.LOOP CIMI-alIXIE c� M F3 o, m 4 >v � ccPZ o ��M YNI ip 5, P.t r 1ST sm �.`i�z a z y z x MalR!v`1 19Y5 r Cb�N M 91 7i vN 6i 1 : Mal 1119an �1 - {y £Z"Z9t 3 to i d 13DN�0'd 0199 N0f6NO9ft6 I utai� } w n C7 cid r •ms � _ lib} Z ai LZ'.M 6 Zt.S6N ��,ytOyZ,O-...IO > / tiry ,S6'lS4 Z4.SON 3,6'6,Cv.6ON Y 6S �. 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N3 � civ i7 Npr m� a} qty.in �5 xi?�r"'i -.-rr� � rn ce ... .� ,LZ'SOE c CN)3,£b,S1'.00N _ ti NO2'57'36"w �6 iyii'k0 9 58 'g c TRUE tl2 r " w '££'9Z 87.7.` 56. °nr $ pd� 6 Wgot 41 1i7 xC 2 ✓� �1 y"'1,>'�y�' r� R i a .££'9L o 7,3338�N-0�i ,.�5� 3.tZj0,iON = ?I� °~ j =07*22'03 LI C7is7 ( z�~va� �` Q .33 Sg T� dS��bL✓ XV9Z 5' t £E7 Ra9k3._4� 283.40 (� 3X.00.ION 3„4£:00.EON8, w.' 8I r �'1d-W)£'9'bZE 3„4£.D0.tCN i �3,X,004N M«9£.85 •' _,.._...�.=BO'06t 3.#E,GO.kCN.-�,.a..-..� ..._....._ _...._., ...... .—..... _....._..,.—--- i'{� � DE'C££M„Ll,E 00N (.'t.59'SLi#..L4.O9.Lflti y , M1 } m c.i LAJ GIS V.� to�x � Gi "��rs o�'i z �5 ���''g�'i 23 `moi`y�`"_' -•� M- z z0 o "m sz � oFosx2w » y cws� C7 11"1 Y�7 W 1555 .-• <1. V rn c c 9616L 3"6t,04.0ON a n 3„9Z,10.tON No o n T N6'i0t 00'06 05'44 00 scs,o ,g ”`90.9L 7 ry\ Sr j 43707'3$"E(R` TRUE t rJ r N01'35'09"W(R) in N01'40'15"E R 0, + c ys r NOO'34'21"E R C£'ZZ 1OV7' w R'D NOt'46'39"W NO2.44'22'W R N }�+, 40034'20"f R rg,. t, 2233' r N0112'53"W jn' v h ,$ 00.20' 1 T 05.73 J J � i ' co w o f Z N i ti c� � 405'42 59"W C7 �`• 1 N04'47`14W M i i` N05'34'O$"W 105.31' r 100.00' i 1 405'42'59°W rn g rna i 39.66 M ' 141.2? I N35.66' 1 co 7 405'42`59"W , i 00 re 105.3C' i { 405'42'59"w 405'34`08W 1 cn Y LO U7 uj1� tI'2 Y` c. a7 NOF42'59"W 105.30' r a m U' 8' r i 405'4759"W z 405i n { '27'43"W r�°]i;� ` g1 zV w 05.30' i 405w W '42'59"W �1�S{r"2�i Sid�"r�,iSs`^`6'r"•�;�� � � t7C � S 405`27'43"W � i cc 105.30' i c�9) N05.42'59"w 3t�8 3c waw w w;a>':3� a-. �, 100.68' }•,,,,; �, it rsr t�e r ise r oo 1 z� .t� �,'�u 405'42'59"w 405'27'43"W }� z z a z�x z z,z z z x z .� { i ` wR f00.OQ' 105.30' NC5'2$'56" (} j 100.5$' iv. c) F u')m o `n• i �"' 0 1 m M 1 j ! 105.06 �• �`, N5-27'43"W 0I, ~1 464'3%'15"W(R) 101.13' y: � 5.00' I, z !204'05`31"V+(R) 4 ra j 8 a, i r..• 4" ,n :.a ,3•.� .. ++ n I r 105.30' S,�- tO �� I �!;_`,' �., PRI�'1403'3$'50'W{R) < o P�'i a g�`����!m i�m�'�Yu#.ce ca�s�M� � 403`05'64"W(R) r` � » � � b•+ }"` � in 1�; A} it i 105 u ` NO �I L 133H5 335 .30' `l I i? ,Q 2'46'26"W(R) 5.00'U Fj 104.57' x u f 9 133H5 335 ' - 5,00,U.E. -� a Qa(1N°� iG !'' W :d am 'b-,"«. w'��v, •c Y]Gru•ismer rw F-� c�`� aMEE .ol Q C�7 c� �b' w Safi 2 trHERR R �'�' 2 CL N�p I Wn chi $ 1313HS 335 i0l 733'22.33' n N0526'5M1" � 28.50 3.50 'fnl lnl `7 m N04'09'05'YJ(ff) I fl5' 59"W N05'4'S9"W, I NO5'27'43"M "340833 N0318'24"W(R) f ro 108.03' a 5 ' I 00,00' 22x33' , n .00' b3"o,m-OON 106.13' yam} 3v9t•60.00N � 11 a ti l `�` a)3"cv,co.zoN % d 1 1 t", ta)3"ci,zi.cot� 11 j 00CD ZIAOIN a. ��PI )3,10 Vi mi'S 0 fS �i 2f�• � t ( I I c� ,�4yr- �'y y yh ✓ ti� eY ti� Zl � .9s.•8C2liN ++ o ) I �'���n'�� � �� �b .o,• o��/ o°' w :� ��ti (x)��lS�rr� � `� % I1 I a g1y�b�5 f✓�' 'mg's t�q•"`�ro� '�'�«��E p�/�r,�' �^y /o�,h � ps� �+ 1 I $ -4 ° ry q d°•� a y (yj &�fL b�N a o 1 j 1 nsr 0,'° r^' a L0CL rz �rsyy�y t2 yo may. d.,, FN •�' � � 1 1 1 (0333 00-9J �, � '�,� bL`:'J '�''� �y"e�`Ory ��:fs'�r�°grY\ ,��y�� " :o,�.4,�" (23)3.•LS.t9.Z£N I 1 fin. I W Ilk (8)1,vlZ•1+7.9bN 1ti' 1 '3'11•00'9 rQ �•»�`�`;!�`�'i��'i��. �� t^ � ,�p'1^���j �\p D b5/� � � \�� .ty �al� i� �a $ ' 1 E`i� l r 6'•+,ty / 4p,'1p' ,/ ,n 3g' 6;,13„101ZO.WN 0 09 ti 6c+i` v: X452182 263. AM 33S CL ,.� CCl!M ru't Ih.pppp:ry 6 N try �'- 1 y0'� 0 'W 459.07 _1 n TRUE .� — — — _ -- �1+Q6� �� � _ � _ ._...�J02.50'42"W 298,76'—_ _.43- z a_ J I OR 8=-00.41'12' (1),99'SL1 it"Zg,05.ZON 3,6Z,r0.10N 54'00!3"dt AT THE COUNTY PRECISE MONUMENT 8X-1C J'yC?J ?(Yj AZ'96 d�goN •bL'ZZ y E' $s' r� ag Coos t 2 ca V7 pil CL- S �`o } ! r cn 6 33S "� (} tl N45'42'59"W 252.$0' J N05'42'59'W 127.55' t„ 1345'42'59'W(52.84' i--9L.90 q C)r 75.90 7$.9C 126 , a 233'1 22.33' } CO oTr n 20.82` 00 ` r W 9 tN05'42'5" 79.5f 33.5C' N05`42'59"W } N05'42'S9'W "'r j 105,51' 05,40 } ^ 3 'NC5'42'S9"W « Vt I A, 522 (�f a) } '23.5o' 1 i fG 46.63' n;HERO DRIV 12 5io5 (� ! ( q 7 r I� M05"42'59"W N05'42'S9"W rtis ! tj � 2Ne5'4?'S9"W 71.73' 2.33 28.54' fff ., ) -1'•`j c[1 1 't ,"j 105.86 06.40 cli I 1 I SII } 2e.50'12asa' ( � .. t�r1 } f 12A7' ,0-f N05'42'59"W N05'42'59"W r ir,t -N � ii+ 103.82 106.40 N05'42 59 W I NOV26`13"W(RIhe rn to 2:,- n, v1 I `° �i ti I NO3'41'S5"W R� It ,�'r.'a I 7 , I 1 rh I {{ JN 1 NC5'42'59'W r} 106.77' W� 705.98 TC6.44 f! N05°42'59"W 107.83' t 401 149.W 106.40 '42 59 W 52..o* f ((1 (( 1 39.6' ! s� g( cie cc 9 g II !r ! hT Nmz- } I 7 adI I viii 7 ? m 4� 22.33'} ! ?.33' 1 o 61 WR S.00'U=E,-.d N0398'24'W R} j 3966, i N04'09708.03W{ j 05" U 3„>C,60,CON ' R 1 ( 1 �y ( 3"4t.8p00N 6.00'U.E. L 133HS 33S ' rRu x r f „ 7w L2 is ti KIM NZ �c LYg wa Z1 ILI rn 5 Coon un g _ a 11 2 ;9 �cmY,+�" HAR11 v> f7s V2I WALSA./ N � ISE i f I ri Usam 3„ta,mim a� \ ri h� An � o� � 6�,0 \�,� ate. �'i: I >��`-' •! ti ?RLE nu C is” ,kEZ9�3„ ,z I4DN V3 I # I ,trR'SC�=.k,tGdDN v www 8 133HS 33S ! i Q. f m ao VI'11 A %A 'L..W4 N 19%^b4/J 1^ DEPOSIT PERMIT Ir OFFICE OF COUNTY AUDITOR-CONTROL TO THE TREASURER: l�ftTINIrZ,CALIFORNIA RECEIVES?FROM ORGANIZATION NUMBER ( nim3iw+} (for Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG ACCT. TASK OPTION ACTIVITY AMOUNT la)33� ' '! i l > ✓Ci Y t 13E / I iL? fi) ) l o o 1191 E L� c. ., .r ,I l f j / 1i I 01414AJT !7 �7 �a[ trio Cr' .,} EXPLANATION- 112 XPLANATION: TOTAL $ E '(! (� r f — { 121/.,`a jc� DEPOSIT E r� j Deposit conists of the following items J�2 M (71121Z, 4' COIN and CURRENCY $ P w CHECKS,MA,ETC. $ �31 BANK DEPOSITS $_ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT f fJ ;Il PERMIT DP NUMBER 413390017 1 DATE � x r 1 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 Treasury, acknowledged. tj fined. Signed, T'Itlel (rf EXT.' Deputy County Auditor ! Deputy County Treasurer D-34 REV. 7-93 _ wvtrt t vt �.vt�ennvvven _ DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM i€ / ORGANIZATION NUMBER Pal i (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SU& TASK PTION ACTIVITY AMOUNT $ I I� t jD ),25 I f l /i%o(z) L)/f✓ l fi✓ I "� f '<<; '`f f'�' � �' %� ~�` f( '�` =i✓}.� � ') rW Zz&/�d�' T0.3. 'Ok - 5�'& r�) Q 7 v,C75:s 15 EXPLANATION: TOTAL $ I DEPOSIT I Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O.;ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY_ DEPOSIT f PERMIT DP NUMBER DATE c I f 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 Treasury. } acknowledged. - r Sign' t .:,,,.c r. ate ) 1610 a `� Signed: Tine. "J 'f EXT. ' t f / County Auditor Deputy County Treasurer D-34 REV.( 3 WUN t 1 Vt'4-4—"t KR t.VJtR DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. UB. TASK OPTION ACTIVITY AMOUNT / # # # # # # i # # t # # # # I # f # # # # lit ] fil- 1 -111- 1 -1 111 1111- 1 111 I .L1 I I I- L L-1 - IA L-1 -L- 1 i I Li 111 fit I fil III L1111 -i-Li 11 I 'L I I I M EXPLANA5I 4: TOTAL $ # DEPOSIT Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O.,ETC. $ { BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT t %" PERMIT DP_._ NUMBER DATE 1 ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby d osit into the C (Ity Treasury. acknowledged. Signe ct ! { (.a= Date ' ! # r' - — Signed: Title. , f1 EXT, ` Signed; Deputy County Auditor Deputy County Treasurer D-34,REV.(7-93) 819800-0800: G1121615, $24,755.00, Sub 8571, Cash Performance Band, Hoffman land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-03800: 61121617, $31 .800.00, Sub 8572, Cash Performance Bond, Hoffman Land Development Co., 1380 galaxy Way, Concord, CA 94520 81980+0-0800: 61121618, $42.480.00, Sub 8577, Cash Performance Band, Hoffman land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: 61121619, $},460.630, Sub 8578, Cash Performance Bond, Hoffman land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: G1121620, $17.000.00, Sub 8579, Cash Performance Bond, Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520 8198013-0800: 61121656, $3,840.00, RA1147, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: 61121660, $13.6463.00, PA0005, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: 61121662, $20,700.00, RA1142, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: 61121664, $1,000.00, Sub 8712, Cash Performance Bond, Windemere SLC LIC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: 61121666, $1,320.0 , Sub 8713, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819804-0800: 61121668, $22,300.00, Sub 8683, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: 61121669, $1,500.00, Sub 8714, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-0800: 61122671, $1.100.00, Sub 8715, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon Pl #310, San Ramon, CA 94583 819800-0800: G1121673, $2,250.00, Sub 8716, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon Pl #310, Son Ramon, CA 94583 829800-0800: 61121675, $5.900.00, Sub 8717, Cash Performance Bond, Windemere BLC LLC, 3230 Crow Canyon Pl #310, San Ramon, CA 94583 0649-9665 / 831000: 61121613, $1,400.00, Cash Deposit for Flood Control Permit 630-03, City of Brentwood, 708 Third Street, Brentwood, CA 94513 0649-9665 / 8310300: 01121653, $400.00, RS 2836, Record of Survey Deposit, Thomas Gringrich, PO Box 504, Alamo, CA 94507 0649-9665 / 832000: 61121654, $500.00, RS 2837, Record of Survey Deposit, Downrite. Demolition & Excavation, 1407 Webster St. #201, Oakland, CA 94622 0649-9665 / 831000: 61121655, $500.00, RS 283, Record of Survey Deposit, Crenshaws', 228 Calle Le Montana, Moraga, CA 94556 0649-9665 / 831000: 61121657, $20,800.00, RA 1147, Road Acceptance Inspection, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 61221658, $14.280.00, DG0028, Drainage Inspection Plan Review Deposit, Windemere BLC LLC, 31303 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 61121659, $109.150,00, PA0005, Landscape Improvement Inspection, Windemere BLC LLC, 3130 Crow Canyon Pl ##310, San Ramon, CA 94583 0649-9665 / 831000: 61121661, $135.700.00, RA1142, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 J 831000: 61121663, $8.200.(70, Sub 8712, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 61121665, $11.050.00, Sub 8713, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 61121667, $12.6001.00, Sub 8714, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI ##310, San Ramon, CA 94583 0649-9665 / 831000: 611216701 $9,100.00, Sub 8715, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 01121672, $18,500.010, Sub 8716, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 01121674, $47,680.00, Sub 8717, Landscape Improvement Inspection Windemere BLC LLC, 3130 Crow Canyon PI ##310, Son Ramon, CA 94583 821400-0800: 61121503, $64,248.00, SCC Sub Reg, Toll Brothers Inc. California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583 8215001-0800: 61121503, $23,628.010, SCC Reg, Toll Brothers Inc. California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583 828800-0800: 61121503, $19.140.00, Tri Valley Transp, Toll Brothers Inc. California Division North, 100 Park Place, Suite 140, San Ramon, CA 94583 d , Subdivision: Smjakas 3 Bond No.: oz0000 aA Premium$28,260 TMPROVEMEN'T SECURITY BOND FOR SUBDMSION AGREEMENT (Performance,Guarantee and Payment) (California Government Code §§ 66499 -66499.10) 1. RErrrAL©F SUR—P><vtszON A.G>;t;i+.,EPAR : The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision 6-572 ,as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement,all in accordance with State and local lavas and rulings thereunder in order to satisfy conditions for .filing of a final map or parcel map for said subdivision. Z< OBLIGATION: Hofmann Lend Development Company as principal and Liberty Mutual insurance Company a corporation organized and existing under the laws of the State of Massachusetts and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,successors and assigns to the County of Centra Costa,California to pay as follows: A. Performanceand Guarantee: Three Million One Hundred Fo Thousand and no/looths***** Dollars,($ 3,140,000***** )for Contra Costa County or any city assignee under the above County Subdivision.Agreement. B. Payment: One Million Five Hundred Eighty Five Thousand Nine hundred and no/it}oths**••* Dollars 1 to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Tart 4 of Division M of the Civil Code of the State of California. A. fhe Condition of this obligation as to Section(2..A.)above is such that if the above bonded principal, or prinb t al's heirs,executors, administrators,successors or assigns,shall in all things stand to and abide by and well and truly keep and perform the covenants,conditions and provisions in the said agreotnent artd any alteration thereof made as therein provided., on it or its part,to be kept and perfoe�rt the time and in the manner therein specified and in all respects according to their true ntem and meaning and shall indemnify and save harmless the County of Contra Costa (or city as:,ig;� }its officers,agents and employees,as therein stipulated,then this obligation shall become n,-Ilk,a.ie,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 specifier)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. _. .. . . __ __ NOTICE FROM SURETY REQUIRED BY TERRORISM RISK INSURANCE ACT OF 2002 In accordance with the Terrorism Risk Insurance Act of 2002 (referred to hereinafter as the "Act"), this disclosure notice is provided for surety bonds on which one or more of the following companies is the issuing surety: Liberty Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM Insurance Corporation; The First Liberty Insurance Corporation; Liberty Insurance Corporation; Employers Insurance Company of Wausau (formerly "EMPLOYERS INSURANCE OF WAUSAU A Mutual Company'); Peerless Insurance Company; and any other company that is a part of or added to the Liberty Mutual Group for which surety business is underwritten by Liberty Bond Services (referred to collectively hereinafter as the "Issuing Sureties"). NOTICE FORMS PART OF BOND This notice forms part of surety bonds issued by any one or more of the Issuing Sureties. DISCLOSURE OF PREMIUM The premium attributable to any bond coverage for "acts of terrorism" as defined in Section 102(1) of the Act is Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will reimburse the Issuing Sureties for ninety percent (90%) of any covered losses from terrorist acts certified under the Act exceeding the applicable surety deductible. LINRC-6539 2/03 1274313 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to i the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint JAMBS C.JENKINS,MICHAEL G.HOGAN, MATTHEW J.DRUMRIGHT,DEBORAH BAKER,ALL OF THE CITY OFCONCORD,STATE OF CALIF©RNIA................. ..... ............. ......... ... ... ...: .... ... .......... ........................................ .. ....................................................................... ........ ....... .. . . ........ ............... . ............. each individually If there bemore one named,its true'and ylawful attomey-in-fact to make,execute,.seal,acknowledge and deliver,for and on its behalf as surety and as Its act and dead.any and all undertakings, bonds, recognizances and other surety obliggat#ons in the penal sum not exceeding FIFTY MILLION AND 00/100 DOLLARS($ 500,000.000.00**"** 1 each,and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose In writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such C! attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their p signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. vs By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys in fact: C Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby M F authorized to appoint such attomeys-in-fact as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and C deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. to O y? 0 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. M> IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate sea# of o CL Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting,Pennsylvania this 29th day of April +n 20Q3 .L LIBERTY MUTUAL INSURANCE COM,PyA,N�Y BY �ea Garnet W.Elliott,Assistant Secretary + COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY p � 'C s On this 29th day of April 2Q03 ,before me,a Notary Public, personally came to me known, and acknowledged ;t O-S that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seat of said corporation;and that he executed the above RC EPower of Attorney and affixed the corporate seat of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. IN TESTIMONY WH P unto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year �- 0 first above written. t 00 M o U fart. ct, Chi I y.0 "°` TI.......°'sat+e a Nat try Peat. l !. OF P p t c u.h art M z.*gut ery t #ityi Q.1 ._....My�u }r}ay:u;i Eszrr.r�v 1.a+ £� t}tt,,� Y Terrs�aPt4e�liallotary Public yL I° '' CERTIFICATE 1,the undersigned,Assistan cretary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy,is in full force and effect on the date of this certificate;and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article } Xill,Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March,1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in cons>ection with surety bonds,shall be valid and binding upon the company with the same force and effect as though manually affixed. 10th {( IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the cvarporate seat of the said company,this day of i October 2003. 1 /�y i ByeAs's'��tSecretary '= Da4MCarey, s' State of California County of Contra Costa On October 10,2003 before me,Myra J.Hicks personally appeared Deborah Baker ZPersonally 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 M `. HI /her/their signature(s) on the instrument the person(s) or the COMMbston#%V2765entity upon behalf of which the person(s) acted, executed -Cxa##," the instrument. u 6—aunty g WITNESS my hand and official seal. l�Sgnaxirf Notary 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: Hofmann Land Bond 070000634 for Contra Costa County Document Date: 10/10/03 3 Number of Pages: 2 Signer(s)Other Than Named Above: Capacity(ies) claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑Corporate Officer Title(s): Title(s): ❑ Partner-❑Limited❑General ❑Partner-❑Limited❑General Z Attorney-in-Fact ❑Attorney-in-Fact ❑ ❑Trustee �--T Trustee � �� ❑Other: or Conservator yr ry,. a ❑ Guardian or Conservatorcr ❑ Other: TopofThumbHere © Other : Top of Thumb Hem Signer is Representing: Signer is Representing: Liberty Mutual CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California } ) SS. County of Centra Costa ) On October 13, 2003, before me, D. Panteles, a Notary Public in and for the State of California, personally appeared A.T. Shaw, personally known to me to be the person whose name is .subscribed to 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 entity on behalf of which the person acted, executed the instrument. WITNESS my hand and official seal PAN'TRH NOTARY ,.3t. LA.B'rORP�lA y� , SIgnC"�tut� Reference; Improvement Security Bond — 8572 Lakes 3 Bate: October 13, 2003 Pages: 1 CERTIFICATION OF SECRETARY I, Dennis M. Drew, do hereby certify that I am duly elected and qualified Secretary and the Deeper of the records and corporate seal of Hofmann Land Development Company, a corporation organized and existing under the laws of the State of California, and that the attached is a true and correct copy of a resolution duly adopted at a meeting of the Bard of Directors thereof, convened and held in accordance with law and the Bylaws of said Corporation and that such resolution is now in full force and effect. Dennis M. Carew, Secretary Date: 31,1M i " r. t*' ILJ ACTION BY THE BOARD OF DIRECTORS OF HOFMANN LAND DEVELOPMENT COMPANY BY WRITTEN CONSENT WITHOUT A MEETING The undersigned, being all of the present directors pf Hofmann Land Development Company, a California corporation, Individually and collectively consent, by this writing, to take the fallowing action's, to adopt the following resolution: RESOLVED,that the corporation authorizes A.T. Shaw to execute, In his authorized capacity as CEOlPresldent, any and all documents related to the purchase and sale of reap property, any and all documents related to the approval of tentative and final subdivision wraps, and any and all documents related to land improvement agreements, such as subdivision agreements, and any and all bond agreements. This consent is executed pursuant to section 307, subdivision (b) of the California Corporations Code:, which authorizes the taking of action of the Board of Directors by unanimous written consent without a meeting. Gated: August 1, 2060 Kenneth . art, Director Albert T. Shaw, Dirpctor ennon, Director O7ornas A. ftaleZDI Dennis M. Grew, Director Richard L. Greene, Director 6''.. 103 1"A`rC4 27 8572 Tax Collector's Office lViiiiam J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P 0,Box 631 Russell V.Watts Martinez,California 54553- Caste Chief Deputy Treasurer-Tax Collector 0063 (525)646-4122 County Joslyn Mitchell (525)646-4135 FAX Tax Operations Supervisor Date: 9/18/2003 IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2003, THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# Cqy T.R.A. 8572 BYRON 72038 Parcel#: 011-240-001-5 015-160-001-2 015-160-002-0 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2003-2004 tax lien has been paid in full, Our estimate of the supplemental tax lien is $0.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is 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, Trealsur,,er-Tax C Ilector By: �� Recording Requested By: 5 Contra Costa County Public Works Dept. Construction Division 255 Glacier Drive Martinez, CA 94553 Return to: WHEN RECORDED, RETURN TO PUBLIC WORKS DEPARTMENT AS GOVERNING BODY OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT In the Matter of Accepting and Giving ) RESOLUTION OF ACCEPTANCE Notice of Completion of Contract for } and NOTICE OF COMPLETION Marsh Creek Levee and ) (C.C. § 3086, 3093) Bank Repair } Proiect No.7521-6F9200-03 } RESOLUTION NO. 20031 677 The Board of Supervisors of Contra Costa County, as the governing body of the Contra Costa County Flood Control and Water Conservation District RESOLVES that: The Flood Control District on August 25, 2003 contracted with Grade Tech, Inc., for levee and bank repair at 2 sites on Marsh Creek located 112 mile north of the contra costa canal and 114 mile south of the contra costa canal in the Oakley area, with Great American Insurance Company as surety,for work to be performed on the grounds of the County; and The Chief Engineer reports that said work has been inspected and complies with the approved plans, special provisions and standard specifications and recommends its acceptance as complete as of October 29, 2003. Therefore, said work is ACCEPTED as completed on said date, and the Clerk shall file with the County Recorder a copy of this Resolution and Notice as a Notice of Completion for said contract. PASSED BY THE BOARD on November 4, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERT, GLOVER and DESAULNIER NOES: NONE ABSENT: NONE CERTIFICATION AND VERIFICATION I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Contact: Mike Carlson (925)313-2321 Supervisors on the date shown. Orig. Dept.:Public works (Const.) Recording to be completed by COB cc: Auditor PATTESTED: NOVEMER 4 2003 Public works- Accounting JOHN SWEETEN Clerk of the Board of - Construction, R. Bruno � Supervisors and Env., C. Sellgren County Administrator Traffic Contractor RB:tb By Deputy G:\GrpOata\Const\60\2003\ACCEPTANCE-BO-MarshCreekLevee.doc RESOLUTION NO. 2003k77 Recording Requested By: ` Contra Costa County Public works dept, Construction Division CONTRA COSTA Co Recorder Office 255 Glacier Drive STEPHEN L. WEIR, Clerk-Recorder Martinez, CA 94553 DOC-- 2003-0554553-00 Wednesday, NOV 12, 2003 10:38:43 Return to: FRE $0.90 WHEN RECORDED, RETURN TO PUBLIC TtI Pd $0,00 Nbr-0001$50990 WORKS DEPARTMENT 1 rc/R9/1-1 AS GOVERNING BODY OF CONTRA COSTA COUNTY FLOOD CONTROL AND WATER. CONSERVATION DISTRICT In the Matter of Accepting and Giving j RESOLUTION OF ACCEPTANCE Notice of Completion of Contract for } and NOTICE OF COMPLETION Marsh Creek Levee and } (C.C. § 3086, 3093) Bank Repair } Proiect No.7521-6F9240-03 j RESOLUTION NO. 2403/ 677 The Board of Supervisors of Contra Costa County, as the governing body of the Contra Costa County Flood Control and Water Conservation District RESOLVES that: The Flood Control District on August 25, 2403 contracted with Grade Tech, Inc., for levee and bank repair at 2 sites on Marsh Creek located 1/2 mile north of the contra costa canal and 1/4 mile south of the contra costa canal in the Oakley area, with Great American Insurance Company as surety,for work to be performed on the grounds of the County; and The Chief Engineer reports that said work has been inspected and complies with the approved plans, special provisions and standard specifications and recommends its acceptance as complete as of October 29, 2043. Therefore, said work is ACCEPTED as completed on said date, and the Clerk shall file with the County Recorder a copy of this Resolution and Notice as a Notice of Completion for said contract. PASSED BY THE BOARD on November 4, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UIIXEMA, GREENBERT, GLOVER and DESAULNIER NOES: NONE ABSENT: NODE CERTIFICATION AND VERIFICATION I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Contact: Mike Carlson (925)313-2321 Supervisors on the date shown. Orig. Dept.:Public works(Const.) Recording to be completed by COB cc: Auditor ATTESTED: NOVEMER 4 2003 Public works- Construing JOHN SWEETEN, Clerk of the Board of Supervisors and - Construction, R. Bruno p Env.,C.Sellgren County Administrator Contractor - Traffic fi Rsab By .� deputy G:\GrpData\Const\803\20073\ACGEPTANCE-80-MarshCreekLevee.doc - RESOLUTION NO. 2003b77