HomeMy WebLinkAboutMINUTES - 12142004 - C.19 TO: BOARD OF SUPERVISORS
FRO:-T: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: December 14, 2004
SUBJECT: Approvia the Parcel= and Subdivision Agreement, Miner Subdivision 03-00018
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKOROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2004/ 667 for Minor Subdivision 03-00018,approving the Parcel Map and Subdivision
Agreement, being developed by Ted Liu, Walnut Creek area. (District II)
FISCAL EVIPACT:
Mone.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The Public Works Department has reviewed the conditions of approval and parcel map for Minor Subdivision 03-
00018, and all conditions have been satisfied.
CONSEQUENCES OF NEGATIVE ACTION:
The parcel Map and Subdivision Agreement will not be approved.
2 '�
Continued on Attachment: SIGNATURE:
COMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
,L..A"ROVE OTHER
SIGNATURES
ACTION OF BOAAIJON DEGEMER_ _, 2UU4 APPROVED AS RECOMMENDED XX OTHER
I hereby certify that this is a true and correct
VOTE.OF SUPERVISORS copy of an action taken and entered on the
XX UNANIMOUS(ABSENT V — � minutes of the Board of Supervisors on the
AYES: NOES:
ABSENT: ABSTAIN: date shown.
G:\CnpData\EngSve�BO�2004v2.14-041MS 03-00018 Order.doc ATTESTED: DECEMBER 14, 2004
Orig.Div: Public Works(ES}
to:
Frank uWicW rio;-T.Bell,
JOHN SWEETEN Clerk of the Board of
cr. Pu8licWo;,cs—T.13e11,Construction s
Current Planning,Community Developrnent
T—.October 14,2005 Supervisors and County Administrator
ed Liu
4045 Balfour Avenue
Oakland,CA 94610
lcdcn pity Company of California
17780 Fitch,Suite 22 V44-Irvine,CA 92614 By .,Deputy
Attn:Daniel Livsey
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adapted this Resolution on December 14, 2004,by the following vote:
AYES: SUPERVISORS GIOIA# UILKEMA, DESAU11=1 AND GUziedE&G
NOES: NONE
ABSENT: SUPE�WISOR FEDERAL GLOVER
ABSTAIN: NONE
RESOLUTION NO. 2004/ 667
SUBJECT: Approving the Parcel Map and Subdivision Agreement for Minor Subdivision 03-
00018, being developed by Ted Liu, Walnut Creek area. {District 11}
The following documents were presented for Board approval this date:
1. Map
The parcel map of Minor Subdivision 03-00018, property located in the Walnut
Creek area, Supervisorial District 1I, said map having been certified by the proper
officials.
11. Subdivision Agreement
A subdivision agreement with Ted Liu, principal, whereby said principal agrees to
complete all improvements as required in said subdivision agreement within one year
from the date of said agreement. Accompanying said subdivision agreement is
security guaranteeing completion of said improvements as follows:
I hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors
Originator:Public works(ES) on the date Shown.
Contact: Frank Navarro(313-2264)
LS:rm
G.\GrpData\EngSvc\13O\2.004\12-14-044'415 03-00018 BO-21.doc
cc: Public Works-T.Bell,Consvuaion ATTESTED: DECEMBER 14, 2004
Current Planning,Conununity Development
T—October 14,2005 JOHN SWEETEN, Clerk of the Board of Supervisors and
Ted Liu
4045 Balfour Avenue County Administrator
Oakland,CA 94610
Indemnity Company of California
17780 Fitch,Suite 22
;rvine,CA 92614 By ,Deputy
Attn:Daniel Livsey
RESOLUTION NO.2004/ 667
SUBJECT: Approving the Parcel Map and Subdivision Agreement for Minor Subdivision 03-
00018, being developed by Ted Liu, Walnut Creek area. (District 11)
DATE: December 14, 2004
PAGE: 2
A. Cash Band
Performance amount: $569.00
Auditor's Deposit Permit No. 434403 Date: November 10, 2004
Submitted by: Ted Liu
Tax ID Number: 594-24-2811
B. Surety Bond
Band Company: Indemnity Company of California
Bond Number: 8690545 Date: October 29, 2004
Performance Amount: $56,331.00
Labor&Materials Amount: $28,4.50.00
Principal: Ted Liu
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 2004-2005 tax
lien has been paid in full and the supplemental tax lien, is $0.
NOW, THEREFORE, THE FOLLOWING IS RESOLVED:
I. That said subdivision, together with the provisions for its design and
improvement,is DETERMINED to be consistent with the County's general and
specific plans.
2. That said parcel map is APPROVED and this Board does not accept or reject on
behalf of the public any of the streets, paths, or easements shown thereon as
dedicated to public use.
3. That said subdivision agreement is also APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2004/667
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SUBDIVISION AGREEMENT
(Gov.Code,§§66462 and 66463)
Subdivision: us 0-00(iEffective pate: Cf I ,/ zoo
Subdivider Completion Period:
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER
Maurice h!I. hiu, Works Director
,
8y: ��:, r Print Name .•----
�e
RECOMMENDED FOR APPROVAL: Print Title
1
By: Print Name
lZrAtneering rvices Division Print Title
FORM APPROVED Siivano B.Marchesi,County Counsel N
OTE:All"natures must be acknov�t#'a"If Subdivider is incorppra#ed,the asntn#ct
ebytwo officershe first mustbethatof the chairman of theresrvice psident;the second signature must tta that of the secrafa ,t secretary,dtief finandato of€iceor assistant treasurer. Code,§1 t90 and
Corps.Code,§313,)
CERTIFICATE OF ACKNOWLEDCMEN7
State of California )
County of ) ss.
On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above lbc
kae�lr proved to me on the basis of satisfactory evidence)to be the person($)whose name(dj Wam subscribed to the within Instrument and acknowledged to me that he/she#ey
executed the same In his/h9tM*r authorized capacity(ies),and that by hislherlN+etf signature(e)on the instrument the person(p),or the entity upon behalf of which the person(d)acted,
executed the Instrument
WITNESS my hand and official sea#. CNAIL5 D. DEVif#1T
Dated'Y ?. , CcyrrtrrtI%lori# 1451240
Putt#c Cattfornl ."
A#aMeda County
Notary Public
(Notary Seal) My C 0 mm E Oes fat 1f3,2t 7
1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,(hereinafter"County")andthe above-mentioned Subdivider mutually promise and agree
as follows concerning this Su talon:
2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(troth public and private),drainage improvements,signs,street lights,fire hydrants,landscaping and
such other Improvements(including appurtenant equipment)as required In the improvement pians for this Subdivision as reviewed and on file with fire Contra Costa County public Works
Department,as required by the Conditions of Approval for this Subdivision,and in conformance with the Contra Costa County Ordinance Code,including future amendments thereto
(herainafter'Ordinance Code").
Subdivider shall complete said improvements(hereinafter"Work")within the above completion period from date hereof,as required by the California Subdivision Map Act(Gov.
Code,§§66410 at seq.)In a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the Ordinance Code
and rulings made thereunder,and where there is a conflict among the improvement plans,the Conditions of Approval and the Ordinance Code,the stricter requirements shall govem.
3. IMPROVEMENTS SECURITY, Upon executing this Agreement,the Subdivider shall,pursuant to Gov.Code§66499 and the County Ordinance Code,provide as security to
the County:
A. For Pertormance and Cuararttee:$. 5 cash,plus additionalsecurfty,In the amount of$156, which which together total one hundred
percent(I00°!o)of the estimated cost of the Work. Such additional security is presented in the form of:
Cash,certified check or cashier's check.
St Acceptable corporate surety bond.
Acceptable irrevocable letter of credit
With this security,Subdividerguarantees performance under this Agreement and maintenance of the Work for one year after its completion and acceptance against any defective
workmanship or materials or any unsatisfactory performance.
B. For Payment Security in the amount$ z D 0. which is fifty percent(50%)of the estimated cost of the Work.Such security is presented in the
fort of:
Cash,certified check,or cashier's check
3CAcceptable corporate surety bond. Form Approved by County Counsel
Acceptable irrevocable tetter of credit. [Rev.9109]
Page 1 of 2
Subdivider. With this security,Subdivider guarantees payment to the contractor,to its subcontractors and to persons renting equipment or furnishing labor or materials to tihem or to the
Upon acceptance of the Work as complete by the Board of Supervisors and upon request of Subdivider,the amounts held as security may be reduced in accordancewith
Sections 94.4.406 and 94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that the 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 Subdivider's expense,any defects in said Work.
The guarantee period does not apply to road improvements for private roads that are not to be accepted into the County road system.
5. PLANT ESTABLISHMENT WORK.Subdivider agrees to perfornnPlant 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 ensure 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 the 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 its obligation to fulfill this Agreement as prescribed;nor shall the County be thereby 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 defend,hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnitees benefiffed and protected by this promise are the County and its special districts,elective and appointive boards,commissions,officers,agents and
employees.
S. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and
including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable
at any time before County reviewed said improvement plans or accepted the Work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)conce-ming said
liabilities and claims.
C. The actions causing liability are any act or omission{negligeff ern n sq [b w III inters covered.by this Agreement and attributable to
Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or mors'of thein.
D. Non Conditions.The promiseand agreement in this section are
.notcondlitigned orclependent on whether ck noteiny.indgmiriftee has prepared,supplied,or approved
any plan(s)or specification(s)in connection with this Work or Subdivision,or has insurance or other indemnificatidn covering ariy o;?these rnateo,or that the alleged damage resulted partly
from any negligent or willful misconduct of any indemnitee.
9. COSTS. Subdivider shall pay,when due,all the costs of the Work,including flirt not fii iA d tti fhdti is bF�etocatlon r4*xisting s required thereby;inspecfions;material
checks and tests;and other costs incurred by County staff arising from or related to the Work,and prior to acceptance of the Work as complete or expiration of any applicable warranty periods,
whichever is later.
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 the 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,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 County(including,but not limited
to,engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand.
Once action is taken by County to complete or maintain the Work,Subdivider agrees to pay all costs incurred by County,even if Subdivider subsequently completes the Work.
Should County sueto compel performance underthis Agreement orto recovercosts incurred in completing ormaintaining the Work,Subdivider agrees to pay all attorney's fees,
staff costs and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the Work
12. INCORPORATIONiANNEXATION. If,before the Board of Supervisors accepts the Work as complete,the Subdivision is included in territory incorporated as a city or is annexed
to an existing city,except as provided in this paragraph,County's rights under this Agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new
or annexing city.Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill 69 the terms of this Agreement as though Subdivider had contracted with
the city originally.The provisions of paragraph 8(Indemnity)shall continue to apply in favor of the indemnitees listed in paragraph B.A.upon any such incorporation or annexation.
13. RECORD MAP. in consideration hereof,County shall allow Subdivider to file and record the final map or parcel map for said Subdivision.
14. RIGHT OF ENTRY. Subdivider hereby consents to entry onto the Subdivision property,and onto any other property overwhich Subdivider has land rights and upon which any
portion of the Work is to be installed pursuant to the improvement pians,by County and its forces,including contractors,for the purpose of inspection,and,in the event of non-performance
of this Agreement by Subdivider,completion and/or maintenance of the Work.
Form Approved by County Counsel
[Rev.9103]
H:IFinaAPWILW-SubAgmt.9.03.wpd
Page 2 of 2
- _
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
Y
State of CalArnia
ss.
County of
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On _ J�l
before me, s S
y
Date .♦," f. Name aytl Fitle of OfP:cor(e.g.,"Jane Dae,Notary Pub!f ,
r
personally appeared
Nama(s)of Signers)
r
' ❑personally known to me
proved to me on the basis of satisfactory
�< evidence
rA
" to be the person whose name( 'i are
LISA A.DALZIEL subscribed to the wit instrument and h
Commission# 137711(1 acknowledged to met el / y executed
z „ , €votary PElbiic - California the same in s t'> r � thorized
Contra Costa Cow tY capacitXcln
and that by �t r
My Comm,Expires Sep 28, signator the instrument the personK,, or
the entity upon behalf of which the person
acted, executed the instrument.
i SS py hand a o)#i I seal. #
Signature o Nota Inc
OPTIONAL.
Though the information below is not required by taw,it may prove valuable to persons relying on the docume ' nd could prevent
fraudulent removal and reattachment of this form to another document.
Descriptio of Attached document
Title or Type of Doc nt:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Sicgpd
X
Signer's Name:
HUM;
9
Alloung
❑ Individual Top of thumb r ete 3
❑ Corporate Offic —Title(s):
❑ Partner — imited ❑General
❑ Attorney -Pact
❑ Trust
❑ Gu dian or Conservator y
Signer is Representing:
�1983 National Notary Association•9360{1e Sato Ave.,P.O.Box 2402•Cnatswcrtii,CA 81313-2402•www.naHonatnoiary.org Frod.Na.5907 Aaorder:Cali To!{-Free Y-Atb-876-8927
COUNT`!Of CONTRA COSTA
DEPOSIT PERNIff `
OFFICE OF COUNTY AUDITOR-CONTROLLER? V
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM
ORGANIZATION NUMBER 5 0 6
{For Cath Collection Procedums we County Administrator's Bulletin 105.1
DESCRIPTION FUNDJORG ACCT TASK OPTION ACTtV1TY AMOUNT
$
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EXPLANATION- ^ TOTAL $ t
{f :') �! �`' i " ` 1 .{ DEPOSIT LS �r
/ Deposit consists of the following item
t }4 ? r f f` w• COIN and CURRENCY S �!?
CHECKS.MO,ETC $ 3 "r
BANK DEPOSITS $
r j - FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
_ PERMIT DP
c 2' `mf r r a 3 j r !.� I NUMBER
BATH 4344,03 NU e+ 1
7
1 -y�s 4 .j � I ,+ ASSIGNED
The amount of mon ey described above is for Tre"urer elip#of above amount is approved. Receipt of above amount is hereby
deposit into the County Treasury. acknowledged.
-� �. 1 f s ,r
- ..,.��
Title' { c. EXT. -3 { � ty C ty d Deputy,County Treasurer
D-U REM(i.9s}
' COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
�`'` OFFICE OF COUNTY AUDITOR-CONTROLLER
g AtaIJRER: MARTINEZ,CALIFORNIA
*D FRPM } C
ORGANIZATION NUMBER )
(For Cash Collection Procedures see County Admirisftc tor's Bulletin 105.)
DESCRIPTION FUNDJORG SUB. TASK N ACTIVITY AMOUNT
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EXPLANATION: TOTAL $ i
DEPOSIT i
Deposit consists of the Bowing iterm
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x�s NCY SKS,Ma ETA $_ -
BANK DEPOSITS
FOR AUDITOR-CONTROLLER USE ONL
DEPOSIT
PERMIT NUMBER ISP 0
DASSiGNED J/ t✓ [of
o
The amount of money described above is for Treasurer's rec of above amount is approved. . Receip�,gmcurnt is hereby
deposit into the County Treasury. ockn wledgea �.
.Oate r t: V Signed:
Title t` t._ i EXT. :?r County Deputy County Treasurer
D-34 REV.(7-43)
r' COUNTY OF CONTRA COSTA
. DEPOSIT PERMIT
J OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ,CALIFORNIA
FROM
ORGANIZATION NUMBER
r• f �
(For Cash Collection Procedures sae County Administrator's Bu etin 105.)
DESCRIPTION FUND/ORG. A� TASK OPTION ACTIVITY AMOUNT
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EXPLANATION: TOTAL S {
DEPOSIT {
Depoo cmusts of the following items
CC11N ailr�t;;1�ENCY�$CHECKS.M.OBANK DEPOSS
FOR AUDITOR-CONTROLLER USE ONLY
DEPO
PERMIT DP
Y NUMBER /
DATE l I
ASSIGNED
The amount of money described above is for Treasurer's receipt amount is approved. Receipt of abrin amount is hereby
deposit into the County Treasury. oc 'o'";°�'"" ------ ___
47ote L �-
Title• EXT »2 } C j C�` Jned: Deputy Y
3 -Gaunt Deputy County Treasurer
0-34 REV.(7-93) (, S
f
819800-0800: 61140516, $569.00, MS 03-0018, Cash Bond, Bright
Futures, Inc. 4045 Balfour Ave., Oakland, CA 94610
819800-0800: 61140519, $150.00, SD9007535, Cash Bond, Bruns
Properties, 239 Main St., Ste 200, Pleasanton, CA 94566
0649-9665 / 831000: 01.140513, $1 .500.00, Drainage Permit 407-04, Ms.
Amber Brenzikofer Parsons, 1700 Broadway, Suite 900, Denver, CO 80290
0649-9665 / 831000: G1140515, $1,400.030, Encroachment Permit FCP 643-
04, KB Homes, 3700 Koll Center Pkwy, Suite 200, Pleasanton, CA 94566
0649-9665 / 831000: 61140516, $6.105.36, MS 03-0018 Inspection Fee
Deposit, Bright Futures, Inc. 4045 Balfour Ave., Oakland, CA 94610
0682-9752 / 819200. 6115921.4, $29,868.00, Sub 8712, Dougherty Malley
Rd Mtce COA, Centex Homes, 2527 Camino Ramon Ste 100, San Raman, CA
94583
0685-9752 / 819500: G1159213, $2,465.00, Bay Point AOS; First American
Title Co., 1355 Willow Ave., Stem100, Concord, CA 94520
0685-9752 / 819500: 61159216, $2.465.00, Bay Point AOB, First American
Title Co., 1355 Willow Ave., Stem100, Concord, CA 94520
828500-0800: 61159213, $1,446.00, ECC AOB, First American Title Co.,
1355 Willow Ave., Stem100, Concord, CA 94520
828500-0800: 61159216, $1.446.00, ECC AUS, First American Title Co.,
1355 Willow Ave,, Stem100, Concord, CA 94520
828900-0800: 61159213, $6,622.00, ECTIA AOB, First American Title Co.,
1355 Willow Ave., Stem100, Concord, CA 94520
828900-0800: 01159216, $6,622.00, ECTIA AOS, First American Title Co.,
1355 Willow Ave., Stem100, Concord, CA 94520
Subdivision: MS03-0018
Bond No.: s6go54s
Premium: $1,690
IMPROVEMENT SECURITY BOND
FOR SUBDIVISION AGREEMENT
(Performance, Guarantee and Payment)
(California Government Code §§ 66499 - 66499.10)
1. RECITAL OF SUBDIVISION AGREEMENT: The developer(principal)has executed a subdivision agreement
with the County of Contra Costa to install and pay for street, drainage and other improvements in
Subdivision M03-0018 , as specified in the subdivision agreement and to complete said work within
the time specified for completion in the subdivision agreement, all in accordance with State and local laws
and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said
subdivision.
2. CIBLIgATION: Ted Liu, an individual as principal and
Indemnity Company of California , 'T corporation organized and
existing under the laws of the State of California and authorized to transact surety
business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors,
administrators, successors and assigns to the County of Contra Costa, California to pay as follows:
A. Performance and Guarantee: fifty-six thousand, three hundred thirty-one
Dollars($ i 1 , ,)-for Contra Costa County or any city assignee under
the above County Subdivision Agreement.
B. Payment" twenty-eight thousand, four hundred fifty Dollars
_ �_ _, _
($_,,x,40- ��to secure the claims to which reference is made in Title XV
(commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of
California.
3. CONDITION:
A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal,
or principal's heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by and well and truly keep and perforin the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on it or its part, to be kept and
performed at the time and in the manner therein specified and in all respects according to their true
intent and meaning 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 farce and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included reasonable costs,expenses and fees, 'including reasonable attorney's fees, incurred
by the County of Contra Costa(or city assignee) in successfully enforcing such obligation, all to be
taxed as costs and included in any judgement rendered.
B. The condition of this obligation, as to Section (2.B.) above, is such that said principal and the
undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all
contractors, subcontractors, laborers, material men and other persons employed in the performance
of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials
furnished, labor of any kind, or for amounts due under the Unemployment Insurance Act with
respect to such work or labor and that said surety will pay the same in an amount not exceeding the
amount herein above set forth and also, incase suit is brought upon this bond, will pay, in addition
to the fact amount thereof,reasonable costs, expenses and fees, including reasonable attorney's fees,
incurred by the County of Contra Costa(or city assignee) in successfully enforcing such obligation,
to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement
therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15 (commencing with Section
3482)of Part 4 of Division 3 of the Civil'Crde,so'as"to givie-aright 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 mer notice to or consent
by the surety; and the surety hereby waives the provisions of California Civil Code Section 2819 and
holds itself bound without regard to and independently of any action against the principal whenever
taken.
SIGNED AND SEALED on October 2�th, 2004
.i
Ted Liu, an individual Indemnity Company of California
PRINCIPAL: t , SURETY:
4045 Balfour Avenue 17780 Fitch, Suite ; 200
Address: % I-. ,-- ; _- - - Address:
Oakland 94610 ine 92614
City: - _ Zip: _ Cit _ Zip:
r _ ___--
MAA
Ted Liu v er
Print Name: Print Marne:
Title: Title: Attorney-in-Fact
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Rev.November 28,2006
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725.IRVINE,CA 92623 (949)263-3300
KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA,do each,hereby make,constitute acrd appoint:
*** Robin S. Westfall, Gregory M. Pribyl, Daniel Livsey, Stephen G. Roddie, jointly or severally***
as their true and lawf,;l Attorneys)-in-Fact,to make,execute,deiiver midi acknowledge,for and on behalf of said corporations,as Sureties,bonds,undertakijigs
and contracts of,,uretys!nip giving and granting unto Said Attorneyis)-in-Fact fall power and authority to do and to perform every act necessary,requisite or proper
to be done ill sosumcction therewith as each of said corporations could do,btu reserving to each of said corporations fill]power rf substitution and revocation,end
all ofthe acts of said Attorney(s)-in-Fact,pursuant to these presents,aro hereby ratified and confirmed.
This Power of Attorney is granted and is Signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNI'T'Y COMPANY and INDEMNITY COMPANY OF CALIFORNIA.effective as of November 1,2000:
RESOLVED.that the Chairman of the Board,the President and any Vice President of the corporation he,and that cacti of them herchy is,authorized to
cxcctutc Powers of Attorney,qualitying tite attorincy(s)named in the Powers of Attorney to execute,on bepnaif of tlnc corporations,bonds,undertakings and contracts
of Suretyship:and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any Such
Power of Attorney:
RESOLVED. FURTIIER,that the signatucs of such officers miry be affixed toany such Power of Attorney or to any certificate relating thereto by
facsimile,curd any such power of Attorney or certificate bearing Such facsimile signatures shall be valid and binding upon the corporation when so affixed and in
tine futttrc with respccr to any bond,undertaking or contract of surctysbip to which it is attached.
IN WITNESS WHEREOF,DEVELOPERS SURETY AND iNDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have Severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this I st day of October.2003.
naruurnrp
By; o�( AND �N�. �OFAN Y 0
David lt. Rhodes,Executive Vice-Pres ident `,:�+� •RPORq Al C�P0 Co
rJ
OCT. <� �' 2 OCT.5 '
W° 10 rr 1967
B _ d 1 9 3 6
y. S�t c�.11f
Walter A.Crowell,Secretary /oW P, 'A ��pP
room*rnrroa°�,
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
Orr October 1.2003,before me,Diane J.Kawata,personally appeared David H. Rhodes and Walter A.Crowell,personally known to irre(or proved to
nae on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to tine that they executed the
Same in their authorized",capacities,and that by their signaiures on the instr urment the entity upon behalf of which the persons acted,executed tine instrument.
WITNESS nny hand and official seal. D:ANE J.KAWATA___1
Q _�
COMM.p 1334746
Notary Public - California
�//•��, ORANGECOUNTY
, �� � �' � My Comm.Expires JAN.8,2006_.
SignatureIt
CERTIFICATE
The undersigned,as Senior Vice-President.Underwriting of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA,does hereby certify that the foregoing Power ofAttorney rem.ins in Rill force and has not been revoked,and furthermore,that the provisions
of tine resolutions of tine respective Boards of Directors of said corporations sef forth in the Power of Attorney,are in force as of the date of this Certificate_
This Certificate is executed in the City of Irvine,C'alitor!nia,the ?9thd1y of_ October 2004
By l�agCrt.•.
Wesley W.Cowling enior Vice-President,Uixierwri r
ID-1380(Rev. 10103)
STATE OF California
SS.
COUNTY OF Contra Casts
On October 29 2004 before me, Rita A. Bisaha
PERSONALLY APPEARED DaNel Livsey
N
personally known to m e } reed irn eta t} asis a
--sat:is€eretmT--evittenee)to be the person(s-)-whose name( is/a,
subscribed to the within instrument and acknowledged to
me that he/shy executed the same in his/heT4h ir— m
authorized capacity(iesj; and that by his/h rit air signatures} S `A
Jin
on the instrument the person(ej; or the entity upon behalf �`� `o got r 13 '
fol'lia 1>
of which the personal acted, executed the instrument. Q 1,�z �O £} -
WITNESS my hand and official seal. ``` 4wiy{ [ .s1.E.3 rSR�� •
J
Signature s i�_cl
Notary Public This area for Official Notarial Seal
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 ATTACKED DOCUMENT
❑ INDIVIDUAL
❑ CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
Indemnity Company of California SIGNER(S)OTHER THAN NAMED ABOVE
ID-1232(REV.9100) ALL-PURPOSE ACKNOWLEDGEMENT
VOID AFTER12/3112004' 9127104 OWNER$27 03-0018
Tax Collector's office William J.Pollacek
625 Court Street Contra County Treasurer-Tax Collector
Finance Building, Room 100
P. O. Box 631 `� Russell V.watts
Martinez, California 94553- Costa Chief Deputy Treasurer-Tax Collector
0063
(925)646-4122 County Joslyn Mitchell
(925)646.4135 FAX Tax Operations Supervisor
Date. 9/27/2004
IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2004, THIS LETTER IS VOID
This will certify that I have examined the map of the proposed subdivision entitled:
Tract/MS# City T.R.A.
03-0018 WALNUT CREEK 98002
Parcel#: 18.5-360-011-0
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 2004-2005 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,
TreasurarTax Colle
al �
By.