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MINUTES - 02242004 - C11-C15
e-11 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on February 24, 2004,by the fallowing vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 80 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Minor Subdivision 22- 02,being developed by 1221 Monticello L.P., Alamo area. (District III) The following documents were presented for Board approval this date: 1. Map` The parcel map of Minor Subdivision 22-02, property located in the Alamo area, Supervisorial District 111, said map having been certified by the proper officials. 111. Subdivision Agreement A subdivision agreement with 1221 Monticello L.P., 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 0:1GrpData\EngSvcl$O12004\02-24-041MS 22-02 B0-21.doc cc: Public Works—T.Bell,Construction ATTESTED: FEBRI3ARY 24 20()4 Current Planning,Community Development T-December 24,2004 JOHN SWEETEN,Clerk of the Board of Supervisors and 1221 Monticello L.P. Attu:Vesty Enea County Administrator 1485 Enea Court,Suite 1490 Concord,CA 94520 Financial Pacific insurance Company P.O.Box 292220 By ,Deputy Depu Sacramento,CA 95829 °J Ann:Lisa M.Lucas RESOLUTION NO.2004/ 80 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Minor Subdivision 22-02,being developed by 1221 Monticello L.P., Alamo area. (District III) DATE February 24,2004 PAGE: 2 A. Cash Band Performance amount: $2,332.00 Auditor's Deposit Permit No.'417946 Date; January 15, 2004 Submitted by: 1221 Monticello L.P. Tax ID Number: 94-3280112 B. Surety Bona! Bond Company: Financial Pacific Insurance Company Bond Number: 5703127 Date: January 9, 2004 Performance Amount: $233,200.00 Labor&Materials Amount: $116,600.00 Principal: 1221 Monticello L.P. 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 2004-2005 tax lien,which became a lien on the first clay of January 2004, is estimated to be $17,400.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: 'Financial Pacific Insurance Company Bond Number: 5703620 Bate: January 14, 2004 Amount: $17,400.04 Principal 1221 Monticello L.P. 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 neap 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 N0. 2004/80 SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivision: `I D - Principal: Effective Date �� � � Completion Period: I year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO- CQ NTRA ERETO:t CINTRA CdS'i'A QUNTY PRINCIPAL Maurice M.Shiu,Public Warks Director �2 i r 7 j?,�to j-nlCPt 5t,r A CAu i✓of1^r,ia By: {Signature) �j (Ptint rote&title)t`"/# E. N L:A, Pa C4 t ri'e-04 r RECOMMENDE11 FOR APPROVAL p p p,ArJ Coro s rtz oe—ti�A(a ;T AJ e, A eAt.r FDrs.rJiA '009LF4'tzA?`1'e,1I r / STs 66461EAL P>AMTA/eff.. By: (signature) E 'ince'`g erlices Division (Print name&tale) FQRM .APPRQ�VED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged. if Principal is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Coon "and the above-mentioned Princirral,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required in the improvement plans forthis subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code (including-future amendments thereto). Principal shall complete said work and improvements(hereinafter called "work")within the above completion period from date hereof,as required by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govem. 3. IMPROVEMENT SECURITY. upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. F„Qr Performance and Guarantee. $ 13 <t't��_�._.cash,plus additional security,in the amount:$ ' �i � to 0.0 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,Principal guarantees performance under this agreement and maintenance of the work for one year atter its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For P ytxlent: Security in the amount:$---tj-.�I ' 0 o which is fifty percent(50°ln)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal.Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securities may be reduced in accordance with§94-4.406 and§944.408 of the Ordinance Code. 4. GUARANTEE AND WAMANTY OF WORIr. Principal guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to road improvements for private roads,which are not to be accepted into the County road system. 5. PLANTUTA 3LISHMENT W U. Principal agrees to perform establishment work,for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work:as promised in Section 2 and as required by the conditions of approval for the subdivision. If,at any time before the Board of Supervisors accepts the work'_ as complete or during the one year guarantee period,said improvement plans prove to be inadequate in anytespect,Principal shall make whatever changes necessary to the plans to accomplish the work as promised. 7. NO WAIVER I3Y CQI TY. Inspection of the work and/or materials,or approval ofwork 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 oraayy part" of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are County and County's special district,elective and appointive boards, commissions,officers,agents and employees. B. TMe 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 ofwhether or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as complete and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or ornission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-cone itions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Principal shall pay when due, all the costs of the work, including inspections thereof and relocation of existing utilities required thereby. 10, SURVEYS, Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Principal hereby consents to entry on the subdivision property by County and County farces,including contractors,in the event County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Principal agrees to pay all costs incurred by County,even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,County's rights under this agreement and/or any deposit,bond, or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of third parry beneficiary against Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8 (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD NW. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. RL:JD lad GAOrpDatalEng5vc\Fo=m AG w©RDAG-30.doc Rev.October 2$,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of rYu OPTIONAL SECTION County of Q< CAPACITY CLAIMER BY SIGNER , On k—V ,before rne, :S 'r Though statute does not require the Notary to fllt in DATE NAME,TITLE OF OFFICER E "JANE DUE,NOTARY PUBLIC" the data below,doing so may prove invaluable to personally appeared ' C „.tom ,�5(\ _Cx spersons relying on the document. NAME(S)OF SIONER(S) p INDIVIDUAL o t -0 roved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S) �� be the person(s)whose names)is/are TITLE(S) R.JMVIS subscribed to the within instrument and Comm!asion 0134'5000 acknowledged to me that heishelthey executed G PARTNER(S) 0 LIMITED Wftry Public-California the same in hisfliertheir authorized 0 GENERAL Contra Cooft Cou capacity(ies),and that by hisllterltheir Y C ATTORNEY-IN-FACT Expims Mart,2008 signature(s)an the instrument the person(s)or C TRUSTEE(S) the entity upon:behalf of which the person(s) O GiUARDIANICONSERVATOR acted,executed the instrument. C OTHER: n and Icial seal, SIGNER IS REPRESENTING: (NANE OF PERSON(S)OR ENTrrY(IES)} lONATUjWW ND r 4RY .may OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO TIIE DOCUMENT AT RICHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES_ -The name and interest of the signer should be typed or printed BENEATH the signature, The name must be signed exactly as it is typed or printed. II. SIGNATURES FOIA INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATLS FOR.PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign for an in the partnership. IV. SIGNATURES FOPS CORPORATIONS Documents should e signed by two officers,one from each of the following two groups: GROUP 1. a The Chair of the:Board The President c Any Vice-President GROUP 2. a The Secretary b An Assistant Secretary c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the Instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: ..and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." 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GlZ MU 0£Z9 Mad r c 355. zG X3 za < Mad �h a 355 AS ZG X3 41 cy Alct HVISyi}. 4 2 UJ _ _ gg I azz Mo it1 00'Of �Ci R ! 3SS,09*et X3 aid g a - cx w' ! to corn Im- �r�-murni vii" �r�+�^ `V t7 p � wit � �9G 21t7 tS61 Mad 110, , 1 1 a:u4 ! 3-SS 09'.71 'x3 n p It � w •r••.�rw i " �'�, a w/a la 1 e,✓a z-�Mezz'z9z33 w G rya .*Zl<3 MOi,ss,rzta _ -. j I S`Jwd 3e!0 SSW .it3,F rz M w = zc z z zL=b iBYLS _ Z7•'SG 3,1�',St.£'9N � t t ,1�'Z£G � __ _ g COUNTY OF CONTRA COSTA � <'= DEPOSIT PERMIT C CE Of COUNTY AUDITOR-CONTROLLER i a aJRER: MARTINEZ,CALIFORNIA c0 FROM ORGANIZATION NUMBER {Oiga�rimN«�) { (For Cash Collection Procedures see County Administrator's Bulletin 105.) I DESCRIPTION FUNDfORG. ACCT. TASK OPTION ACTIVITY AMOUNT 7 t P i i 1 i afj r' ;j f II r 11 41 r r' , Ij i I (PLANATION: TOTAL $ DEPOSIT Deposit consists of the following items COIN and CURRENCY $ CHECKS.MO,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE ASSIGNED ie 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, t}� acknowledged }Date gned: Signed: EXT - 't Deputy County Auditor Deputy County Treasurer JI 4 REV.(7-43) r- { COUNTY OF CONTRA COSTA DEPOW PERMIT „ _, G .:E OF COUNTY AUDITOR-CONTROLLER TIjE.T'RW URER: MARTINEZ,CALIFORNIA ECEIVED FROM j ORGANIZATION NUMBER 1 idr�animtbn} 'd (For Cash Collection Procedures see County Administrator's Bulletin 105.) a DESCRIPTION FUNDJORG. SU TASK OPTION ACTI)ATY AMOUNT $ ] ' J r! ,•.f +�;: ,IR f J/ f,,,,,. f i{ ''� ��/`{.. Y� I :v.,,'{h �5�,,( 1: �1 g �Y ; j,=3J rk•.' .l�ff f"V.. i..`°K..�� t�«' f" i�f :�� ✓,i�.'E^� ....:'..�,+'t�: t t r � � }' r jy x. y �i r I! t , J f„� i •- •' f 1 3"itf'(f ~✓5,., > { 1 -'_* i J.,. .. EXPLANATION TOTAL $ I DEPOSIT I f Deposit comists 5#5 f the following bvtng itBrS 4 'jz ? r i _v� £._. l / :;:' I. ,, t r"c''! i t r l, COIN and CURRENCY $ - CHECKS,M.0 ETC. $ 3 � BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT I PERMIT NUMBER - � r •"��"? � !`?' , r � DATE L ASSIGNED 1 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 p i Signers Date / L t L Signed: Signed: Titl6. "7 ;+` EX Deputy County Auditor Deputy County Treasurer D-34 REV.(3.43) ` t t r � 3�F Vit;, ✓ %-%jut,4i T Vr I,V(`11 KA I-WaiA DEPOSIT PERMIT CE OF COUNTY AUDITOR-CONTROLLER ,oURER: MARTMZ,CALWORNIA .eD FROM ( 1 ) ORGANIZATION NUMBER (For Cosh Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. �� TASK TION ACTIVITY AMOUNT tt1 ,r i ,•✓ M �.i,.f-= .'1lr j...� 3 $ J� i 1 1 ? 1 ... s I t �- S , ?�_ � r 5 r �c �-y:r p4'�/..�7'�..,-• fis; { ���;( f ! 'i:"..../ 'ir I t;, J rfA`y i' � j yf I fr_l r t f r 7. , , 1 . _ I EXPLANATION: 13 A iI��� TOTAL $ 1 i J 1, DEPOSIT I Deposit consists of the following items COIN and CURRENCY $ CHECKS.M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT f x PERMIT l�p_ t ! NUMBER DATE 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. S1gPF f Date trr�x(. f..'���'✓�'frC }J r � _� Signed: Signed: Trtle s, f :, EXT Deputy County Auditor Deputy County Treasurer D-34 REV.(7-43) 5 r'' ..................................................................................................... ......................................................... $13,994.00, MS 22-02, Inspection Fee Deposit $1,000. , MS 22-02, Improvement Plan Check Deposit 0648-9140 / 812100: 61122903, $147.00, LP 2142-01, Drainage Mitigation Fee, Quentin & Nancy Alexander, 50 St. Mark Ct., Danville, CA 94526 819800-0800: G1122904, $2.332.00, M522-02, Performance Cash Bond, 1221 Monticello Limited Partnership, 1485 Enea Ct. Suite 1490, Concord, CA 94520 .......... ............................................... `yr ' 0649-9665 / 831000: G11221301 $59,938.00, Subdivision 8699 Improvement Plan Review, Shapell Industries of N. California 100 N. Milpitas Blvd, PO Box 361169, Milpitas, Ca 95035 0649-96651831000: G1122132, Andy Akay, P4 Box 824, Orinda, Ca 94563 $3,064.64, Sub 8664 Improvement Plan Review $50Q.00, Sub 8664 CDD Review Fee 3S,),0-9&40- 0649-9665 S.),a--'c &40--0649-9+665 / 831040: G1122134, $500.00, R52857, Record of Survey Deposit, North American Title Insurance Co., 2185 N. California Blvd #575, Walnut Creep, CA 94596 0649-9665 1 831000: 61122135, $500.00, R52858, Record of Survey Deposit, Anthony Viera, PO Box 776, Oakley, CA 94561 0649-9665 l 831000: 61122136, $1,550.00, MS 03-4004, Minor Sub'd Check Fee, Beverly Glieden, 5005 Totem Ct., Antioch, CA 94509 0649-9665 / 831000: 61122137, $500.00, R52862, Record of Survey Deposit, Sidney Meek, 20 Claremont Ave, Orinda, CA 94563-2138 0649-96651 831000: 61122138, $1.725.001, Sub 7713, Final Map Check Fee Major Sub, Affinity Land & Construction, Inc PO fox 3378, Walnut Creek, CA 94598 0649-96651831000: &1122139, $1,775.00, Sub 8738, Final Map Check Fee Major Sub, David 5 Mareen, 18 hillside Ct. Berkeley, CA 94704-2531 0649-9665 1 831000: 61122148, $17.607.50, Sub 8739, Inspection Fee Deposit, Camino Diablo Associates, 2800 Camino Diablo, Walnut Creek, CA 94596 0649-9665 1 8310304: 61122901, $8.487.89, MS 07-96, Improvement Plan Check, Colette Deinise Daniels TTEE, 712 Bancroft Rd #514, Walnut Creek, CA 94598 0649-9665 1831000: 61122905, 1221 Monticello Limited Partnership, 1485 Enea Ct. Suite 1430, Concord, CA 94520 12/10/2003 11:19 9257992999 PAGE 05 '/� Subdivision: MS 02-0022 Road No.: S703127 IMPROVEMMM SECURITY BONI) FOR fit1BDMSICIN,AGREEM T (Performance, Guarantee and Payment) (California Government Code §§ 66499 -66499.10) I. B&CffAL OSuBMIS1UlY AQRMtvT: The developer(principal)has executed a subdivision agreement with the County of_Contra Costa to install and pay for street, drainage and other improvements in Subdivision MS 02-0022___' as specified in the subdivision agreement and to complete said,work within the tiznc specified for completion in the subdivision agreement, all in accordance with,State and local laws and Mlzngs thereunder in order to satisfy conditions for filing of a, final map or parcel map.for said subdivision. 2. A"gA_TIQN.. 1221 Monticello, L.P'. as wincipal and Financial Pacific Insurance CoM2any a corporation organized and existing under the laws of the State of California and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors a nd assigns to the County of Contra Costa, California to pay as follows: A. Performance~and Guarantee: Two hundred thirty three thousand two hundred Dollars($ 233,200:00 _- for Contra Costa County or any city assignee under the above County Subdivision Agreement. PayJn€ietn.t: ane hundred sixteen thousand six hundred and no/100---- -- 11 b,600.(30 } 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 CaUforniac. 3. Cts: A. The Condition of this obligadon 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 amide by and well and truly keep and perform the covenants,conditions and provisions in the saidagreement and any alteration thereof made as therein provided, on it or its part, to be kept and nerfc ed at the time and in the manner therein specified and in all respects according to their true en.Xzt and moaning and shall indemnify and save harmless the County of Contra:Costa(or city a�ssignee)its of#'iceps, agents and employees, as therein stipulated, then this obligation shall become aull and void,otherwise it shalt be and remain in full force and effect. As part of the obligation secured hereby and in iddition to the face'aznountspecified thareforej there shall be included reasonable costs, expenses and fees,including reasonable attorney's fees,incurred by the County of Contra.Costa(ear city assignee)in successfully enforcing such obligation, all to be tared as costs and included in any judgement rmi dered. 12/16/2003 11:16 9257962999 PAGE 06 Thecondition of this Obligation, as to Section (2.B.) above, is such that said principal and the undi .ed,;as corporate surety, are held firmly bound unto the County of Contra Costa and all contractors,subcontractors, laborers,material men and other persona Toyed in the perfomance 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 casts, expenses and fees, including reasonable attorney's Fees, incurred by the County of Contra Costa(or city sssignee)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 tWs bond shall inure to the benefit of any and all persons,compatnim and corporations entitled to file claims under Title 15'(ccarnmencing with Section 3082)of Fart 4 of Division 3 of the Civil Code, so as to give a right of action to therm 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 cull and void; otherwise it shall be and remain in full fora:and effect. C. o sltetiozn of said subdivision agreement or any plarn or specificatiam 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 conse nfis hereby give to make,such alteration without further notice to or caraseOt o he ety; and the surety hereby vrai °es the provisions of California Civil Cade Section 2819 and holds itself bound vritlaut regard to d dependently of any action against the principal whenever taken, 1 'Y�� ,�� o n ,3anuary 9, 2004 1221 Monticello, L.P. SUi2TX•Financial Pacific insurance Company ddnessr 1485 Enea Court, #1490 ,Address: P.O. Box 292220 City: C c d C Zip: 94520 City: S n o A ip. .�nt e: -tCt� prixntNaMe: Lisa M. Lucas - Title: I 4L , ane sect Title: Attorney-in-Fact kff+*n1 t Ons��r��r�a,� ��•;-t,,,,, �FbL:�Rtit,. ' C'e ji?a OAT 1 B AJ "4Ctfi}#2�1fi4g °shtCeYytF3N WOft£3t6ttd.F2.dht CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.ss�a� State of CALIFORNIA County of __ALAMEIIA On January 9, 2004 before me, VERONICA RAMIREZ DATE NAME,TITLE OF OFFICER•E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared LISA M. LUCAS NAME(S)OF SIGNER(S) d personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the ti < person(s) acted, executed the instrument. r �. WITJESS my hand and official seal. SIGNATURE C#NOTARY 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 toren. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE:OF DOCUMENT PARTNERS) ❑ LIMITED QXQ GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES Cl TRUSTEE(S) GUARDIAN/CONSERVATOR C OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENT"IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993.NATIONAL NOTARY ASSOCIATION.8236 Rernmet Ave.,P.O.Box 7184+Gaga Park,CA 913p9.7184 LIMITED POWER OF ATTORNEY Financial Pacific Insurance Company BOND NUMBER 5703127 POWER NUMBER 703127 PRINCIPAL 1221 Monticello:, P>. tA1 sM Q (�{� /� �2-3312M0.00 KNOW ALL MEN BY THESE PRESENTS, that Financial:Pacil'ic Insurance does hereby make,constitute and appoint: Crirnlany,a California corpotationtlie"Ctrirtpany>), Lisa M.Lucas,Veronica Ramirez,b.Richard Stinson,Andrew Kammerer its true and lawful Attorneys-in-Fact,with limited power and authority for and on behalf of the Cotnpany as surety,to execute,deliver and affix the seal of the Company thereto if a seal is required on bonds;undertakings,recognizances or other tvritteii-obligations to the nature thereof as follows: Bid, Performance,Payment, Subdivision and Misc+elneouads!upto $ ,4fif►,ppti,Qp and to bind the Company thereby. This Power of Attorney,js sIi ed and.sealeci 15y.faes lle uti�der and by the authority of the following resolutions adopted by the Board of Directors of Financial yac ttsttrance Csirrtpafty at the rneetixlg duly held July i1 t which h are now in full force and effect: _. RESOLVER, that tli Peau ent or an3r ce 1're it ent, %fE;Ci tt ut�etitttt-re�rgth the Secretary p any Assistant<Secretary, may appoint attorneys-in-fact ora Yts �h zity as de ned o irruled to Inst t ev ietr ixig the appointtilent in each case,for and on be of the Company,to execute and;cf� i af€a a seal d �Grztxtpaxi t6 hoh4 Oubdertakings,recogmzancesi d suretyship'cibligations of all kinds;and said officers may remove=arty shit cat y=##t fit r agent:, d reV'0 any pow of attorney previously,granted such person. RESOLV 3 FURTHER, that any U nd, tiittleftaking, re xance, gr suretyship obligation shall be valid and Binding upon the Company when signed and sealed (if a seal be regnir � y "ter morea tQrtieys4n-Suet pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to li perwn or persons, RESOLVED FURTHER,that the signature of any auth�c riled offic rand the s of the Cotnpany may be affixed by facsimile to any power of attorney or certification,thereof authorizing the execution and delivery of'4a ,bond,-undertaken eeo iia ee, or other suretyship obligations of the Company;any such signature and seat when so used=shill have the same ff e°anti ea to as thotinh manual or affixed. INV T �� � P3nancial Pacific Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal:i t lett er t of'Nowrabei,2002. 9khtiitrttt `�xsx X IKu � JULY 22 1986 Robert T.Kingsley,Presiden J n R.Hollingshead,Secretary STATE OF CALIMRNIA,i~OTJNI Y'OP SACRAMENTO On its 15th tray of November, 2002,personally came before me Robert T. Kingsley and John R.Hollingshead, to me known to be the individuals"and officers of Financial Pacific Insurance Company,who executed the above instrument,and they have acknowledged the execution of the same,and being by me duly sworn,did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. IN Q1. �- ANN SCHREMP {��/�``�`� /J Comm.#1298069 c_ NOTARY PtI6LIGCAI.IFORNIA ,r (� �,. P141m uounty - My Gomm.Expires Marth 27,2006-� Ann Schremp,Notary Public CERTIFICATE 1, the undersigned Secretary of Financial Pacific Insurance Company a California corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore,that the resolutions of the Board o Directors set forth, and that the relevant provisions of the By-Laws of the Company,are now in full force and effect. Signed and sealed at Sacramento,this 9th day of January 20 04 ----- ------ — — --------- John ollingshead,Secretary Financial Pacific Insurance Company seal must be affixed HNA M 4 L PACIFIC SIWN�. :terxr Bond # S7031.27 Rider Containing Disclosure Notice of Terrorism Coverage The Terrorism Risk Insurance Act of 2002 requires Financial Pacific Insurance Company (FPIC) to providethis disclosure notice. No action is required on your part. This Disclosure Notice is incorporated in and made part of the attached bond. The actual coverage provided by this bond for acts of terrorism is limited by the terms, conditions, exclusions, limits other provisions of the bond any endorsements and generally applicable rules of law. Effective November 26, 2002 any losses caused by a certified act of terrorism would be partially reimbursed by the United States of America to FPIC under a formula established by the Terrorism Risk Act of 2002. Under this formula, The United States of America reimburses 90% of covered terrorism losses exceeding ' the statutorily established deductible paid by the insurance company providing the coverage. There is a cap on FPIC's Liability to pay for such losses if the aggregate amount of insured losses under The Act exceeds $100,000,000,000 during the applicable period for all insured and insurer's combined. In that case, we will not be liable'for payment of any amount, which exceeds that aggregate amount of $100,000,000,000. Your premium attributable to coverage for terrorist acts certified under The Act is Zero Dollars ($0.00}. The cost of terrorism coverage is subject to change on any bond where premium is charged annually. Signed and Sealed this 9th day of January , 20 04 Financial Pacific Insurance Company Lisa M. Lucas , Attorney-in-Fact [Corporate Sea]] State of California ) /�r ss. County of 4:4:0.%a T Y4A cc-„.rA) On 'TA ✓i 4 `j� .t `( before me, ` " Notary Public personally appeared Pr'iv: . 450 a 4a-A personally known tome(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 heJshe/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s) or the entity upon behalf of which the person(s)acted,executed the instrument. Witness my hand and official seal. COMM, t .i � � SIGNATURE — -- — T tY . l111,3104 PLACED W02-0022 Tax Collector's Office William J.Pollacek 625 Court Street Centra County Treasurer-Tax Collector Finance Building,Room 100 P.O. Box 631 /^ Russell V.Watts Martinez.California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 y CountJoslyn Mitchell (925)646-4135 FAX `"'11 Tax Operations Supervisor Date: 1113/2004 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract t MS# City T.R.A. 02-0022 ALAMO 66066 Parcel#: 187-130-010-7 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 2004-2005 tax lien, Which became a lien on the first day of January, 2004 is $17,400.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 45 days from the date of this letter, unless this letter is accompanied with security approved by the Contra Costa County Tax Collector Subdivision bond must be presented to the County Tax Collector for review and g2proval of adeauncy of security Prior to filinri with the Clerk of the Board of Supervisors WILLIAM J.,POLLACEK, Treasurer-Tax Q0IIeQtOr By: kl" o � CL �J Ct CL w o z w E'i—' Cl) a t o v W a W _ a v �` kb c� SUBDIVISION TAX BOND Band No. 5703620 KNOW ALL BY THESE PRESENTS: That we, 1221 Monticello, LP as Principal,and Financial Pacific Insurance Company a Corporation organized and existing under the laws of the State of California as Surety,are held and firmly bound unto County of Contra Costa-Tax Collector Office in the sum of Seventeen Thousand Four Hundred and 001100-------------------- ------------------------------------------------------------ DOLLARS(S 17,400.00 } Iawful money of the United States of America,for the payment of which sum well and truly to be made to said County of Contra Costa- Tax Collector Office we are each of us bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. SEALED with our seals and dated this 14th day of January 2004 The conditions of the above obligation are such that whereas the above bounden principal is about to file a map entitled, :MS 02-0022-Vine Lane,Alamo which shall be a subdivision of a tract of land in said Co. of Contra Costa and there are certain liens for taxes and special assessments collected as taxes and special assessments collected as taxes against the tract of land covered by said Map.The taxes and special assessments collected as taxes are not as yet due or payable. NOW, therefore, if the said principal shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said Map at the time of the filing of said Map, then this obligation shall be void and of no effect. This bond shall be in full force and effect for the 2004 — 2005 tax year, and shall continue to be in full force and effect the 2004 — 2005 taxes are paid. PRINCIPAL: 1221 Montic ifornia limited 12artnerlshil BytCONS IICTI ,' INC. , Its General Partnei By r DATE: �' Paul Enea, President BOND REVIEWYED AND APPROVEY', CONTRA COSTA COUNTY SURETY: TRE UR R' CtOLLEC'I'C Financial Pacific Insurance Company By Lisa M. Lucas Attorney-in-Fact 5-24421GEEF 218$ CALIfOR'NIA ALL-P'U'RPOSE ACKNOWLEDGMENT NO.6907 State of CALIFORNIA County of ALm On January 14, 20034 before rite, VERONICA RAMIREZ , DATE NAME,TITLE OF OFFICER-E.G..`JANE WE,NOTARY PLISi V personally appeared LISA M. LUCAS NAME($)OF SIGNER(S) personally known to me - OR ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the RA?A v .r .,..; ., person(s) acted, executed the instrument. WITNESS my hand and official Seat. If� 'v6" SIGNATURE OF OTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent traudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT C3 INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT T MY-(S) ❑ PARTNER{S) ❑ LIMITED Q GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) C GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME of PERSON(s3 OR ENTITY(WS) SIGNER(S)OTHER THAN NAMED ABOVE 01993.NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.0-Box 7184*Canoga Park,CA 91309.7184 State of California ss. County of Contra Costa ) On January 14, 2003 before me, J. Martin ,Notary Public personally appeared Paul Enea personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized:capacity(ies), and that by his/her/their signature(s)on the instrument the person(s)or the entity upon behalf of which the person(s) acted,executed the instrument. Witness my hand and official seal. MARTIN WN40TAMY J.ONTRA co5TA CC�UNTY OMt M(P.sem'.32,2007-+ SIGNATU f. - - - - - - - -- - -- - -- - - - - - -- - - - -OPTIONAL- - - - -- - - - - - - - - - - - - - - - - - - - - - - Description - - - -- - - - - - - - - - - - - - - - - - - - -Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: LIMITED POWER OF ATTORNEY Financial Pacific Insurance Company BOND NUMBER S703620 POWER NUMBER 703620 PRINCIPAL 1221 Monticello, LP PENALSUM $17,400.00 KNOW ALL MEN BY THESE PRESENTS,that Financial Pacific Insurance Company,a California corporation(the"Company"), does hereby make,constitute and appoint: Lisa M.Lucas,Veronica Ramirez,D.Richard Stinson,Andrew Kammerer its true and lawful Attorneys-in-Fact,with limited power and authority for and on behalf of the Company as surety,to execute,deliver and affix the sea)of the Company thereto if a seal is required on bonds,undertakings,recognizances or other written obligations in the nature thereof as follows: Bid.,Performance,Payment,Subdivision and Mise laneous a up to$1,30f1,t1Ci0 OQ and to bind the Company thereby. This Power of Attorne�yshied anti cal d by facsit u e under and by the authority of the following resolutions adopted by the Board of Directors of Financial-Putific nsuratiee Crrirtpatiy at the'meeting duly held July b, 1995,which are now in full force and effect: RESOLVED,-that tite l idem or agyy " i "resiilent,;in:errs jttttctirstt with the Secretary or any Assistant Secretary, may appoint attorneys-in-fact or, fits wi authority as defined=or limi itt the cnstrnmotit 0idbncing the appaintMontin each case,for and on be Calf of the Company,to execute anis t�Iver d affix,the seal bf the Colnpatly to btt2tda,urtbpertakings,recognrzancG�,and suretyship obligations of all kinds-and said officers may remove'atty suclx a'ttori y-ztwfact sar agent and volCe any power of attorney previously granted such person. RESOLVE FURTHER, that any bund., tindertakIng,retrts zizancefi or suretyship obligation shall be valid and binding upon the Company when sighed and sealed (if a seal be required)by one.or.more att#tirteys«izt-ffact pursuant to and within the limits of the authority evidenced by the power of attorney issuedhy the Company.0 sttcla person or'persons. RESOLVED FURTHER,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, under_takuig, reeognizanCe, or other suretyship obligations of the Company,;any such signature and seal when soused shall have the same far&and effect as thoirgh;tnanually affixed. IN WIT ��P3 Financial Pacific Insurance Company has caused these presents to be signed by its proper officers,and its corporate seal n66,af^flx1 I4#yofN, yember,2002. f ' ak U. i - Robert T.Kingsley,Preside J R.Hoilingshead,Secr tary a.'• 1986 :a�'6 STATE OF,CALIFORNIA,,COUI`ITY OF SACRAMENTO On`tris 15th-zlay of 1Noventlter, 2,002,personally came before cite Robert T.Kingsley and John R.Hoilingshead, to me known to be the individuals and officers of Financial Pacific Tnsuratice Company,who executed the above instrument,and they have acknowledged the execution of the same,and being by me duly sworn,did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. �- :ANIN SCHREMp- .• m.#1298069 Y PIe�a 1F0RMA PlaoerCoumy .4 Ann Schremp,Notary PublicMi ,Expires March 27,2U65 CERTIFICATE 1, the undersigned Secretary of Financial Pacific Insurance Company, a California corporation, DO HEREBY CERTIFY that this Power of Attorney remains to full force and effect and has not been revoked and furthermore,that the resolutions of the Board o Directors set forth, and that the relevant provisions of the By-Laws of the Company,are now in full force and effect. Signed and sealed at Sacramento,this 14th day of. January20 04 _ _ John olling_ _shead,Secretary Financial Pacific Insurance Company seal must be affixed ell HNA11� .L PACIFIC , Bond #S703620 Rider Containing Disclosure Notice of Terrorism Coverage The 'Terrorism Risk Insurance Act of 2002 requires Financial Pacific Insurance Company (FP'IC) to providethis disclosure notice. No action is required on your part. This Disclosure Notice is 'incorporated in and made part of the attached bond. The actual coverage provided by this bond for acts of terrorism is limited by the terms, conditions, exclusions, limits other provisions of the bond any endorsements and generally applicable rules of law. Effective November 26, 2002 any losses caused by a certified act of terrorism would be partially reimbursed by the United States of America to FPIC under a formula established by the Terrorism Risk Act of 2002. Under this formula, The United States of America reimburses 90% of covered terrorism losses exceeding' the statutorily established deductible paid by the insurance company providing the coverage. There is a cap on FPIC's Liability to pay for such losses if the aggregate amount of insured losses under The Act exceeds $100,000,000,000 during the applicable period for all insured and insurer's combined. In that case, we will not be liable for payment of any amount, which exceeds that aggregate amount of $100,000,000,000. Your premium attributable to coverage for terrorist acts certified under The Act is Zero Dollars ($0.00). The cost of terrorism coverage is subject to change on any bond where premium is charged annually. Signed and Sealed this 14th day of January . 20 04 Financial Pacific Insurance Company Lisa M. Lucas , Attorney-in-Fact (Corporate Seal] Recorded at the request of: Contra Costa County Board of Supervisors Return to. Public Works Department Engineering services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 24, 2004,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2004/ SUBJECT: Acceptance of Grant Deed of Development Rights(Creek Structure Setback)for Minor Subdivision 22-02, being developed by 1221 Monticello L.P., Alamo area. (District III) IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT: REFERENCE: GRANTOR: AREA: DISTRICT: Grant Deed of MS 22-02 1221 Monticello L.P. Alamo III Development Rights (Creek Structure Setback) I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. LS= G:1,c,rpData;EngSvc',sot'004\02-24.04 MS 22-02$0-27Aoc FEBRUARY 24 ATTESTED: : 2001+ Originator: PubliNavac works(Es) JOHN SWEETEN Clerk of the Board of Supervisors and cprttaet.r'rat�vavarro t�13.22b4� Recording to be completed by Placer Title Company County Administrator cc: Current Planning,Community Development 1231 Monticello L.P. 1485 Enea Court,suite 1490 By Deputy Concord,CA 94520 RESOLUTION NO.2004/. 81 ............. ........ ........ Recorded at the request of. Contra Costa County Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section Area: Alamo Subdivision: MS02-0022 APN: 187-130-010 GRANT DEED OF DEVELOPMENT RIGHTS (Creek Structure Setback) To meet condition of approval number 35,of Subdivision MS02-0022,we,the 1221 Monticello L.P.,a California Limited Partnership (Owners), hereby grant to the County of Contra Costa, a political subdivision of the State of California(Grantee)and governmental successor or successors of said county, the future development rights, as defined herein below, over a portion of that real property known as Parcel "D"of Subdivision MS02-0022, situated in the County of Contra Costa,State of California and more particularly described in Exhibit"A". Development rights are defined to mean and refer to the right to disapprove of any proposed construction, development or improvement within the areas marked "Restricted Development Area- Grant Deed of Development Rights(Creek Structure Setback)."The development rights are and shall be a form of covenant, which shall run with the said property and shall bind the current Owner and any future Owner of all or any portion of said property. In the event of a disapproval of proposed construction by Grantee or successor, said proposed construction shall not be performed. Grantee, or successor, may condition the approval of any proposed construction upon prior or subsequent performance of such conditions as Grantee,or successor, may deem appropriate. The undersigned executed this instrument on January 8, 2004 1221 Monticello L.P.,a California Limitted Partnership Paul Enea, President, Appian Construction Co., Inc. A California Corporation, Its General Partner (See attached notary) 6sp42.- Subdivision MS02-0022 Grant Deed of Development Rights (Creek Structure Setback) EXHIBIT "A" All that real property situated in the County of Contra Costa,State of California,described as follows: A portion of Parcel, "D" designated as "Restricted Development Area-Grant Deed of Development Rights(Creek Structure Setback)"as shown on the parcel map of Subdivision MS02- 0022, on file at the County Recorder's Office as follows: Date: Document Number: CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of nC YLt Q OPTIONAL SECTION County of C n t CAPACITY CLAIMED BY SIGNER On �— - C ,before me, -3a.\ V1 S ttt�a ll lCjt�e Though statute does not require the Notary to fill in DATE NAW TITLE OF OFF10ER E.G.,GNOTARY PUBLIC" the data below,doing so may prove invaluable to personally appeared persons relying on the document. -__ �"Q e i � k Ca �. NAME(S)OF SIGNER(s) 0 INDIVIDUAL 0-�Sersonally known to me-OR-Q proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLE(S) subscribed to the within instrument and JURY R .IAIVIS acknowledged to me that he/she/they executed 0 PARTNER(S) G- LIMITED the same in his/her/their authorized COMmi"!On#134SWO capacity(ies),and that by his/her/their O GENERAL Notary Public-cawornia signature(s)on the instrument the person(s)or U ATTORNEY-IN-FACT Contra cott; � the entity upon behalf of which the person(s) 0 TRUSTEE{S) 0l "ntyacted,executed the instrument. 0 GUARDIAN/CONSERVATOR MyComm. itmser 1,2Wg 0 OTHER: � ESS anand oial seal, SIGNER IS REPRESENTING. �j,�5,�---�—✓ (NAME OF PERSON(S)OR ENTITY(IES)) O URE 1 Y OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. 1. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. 11. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should a signed y two officers,one from each of the following two groups: GROUP 1. {a)The Chair of the Board b The President c Any Vice-President GROUP 2, a The Secretary An Assistant Secretary c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the .Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required, A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: ".,.and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." IC_mw 1PWS41SHARDATAIGrpDatalEngSv6FormsYWOPD FORWALL PURPOSE NOTARY,doc Rca iXii �2+9CaF 043 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted.this Resolution on February 24, 2004 by the fallowing vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 82 SUBJECT: .Approve the Second Extension of the Subdivision Agreement for Minor Subdivision 53-90,Martinez area. (District II) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Subdivision Agreement between Steven St.Germain and the County for construction of certain improvements in MinorSubdivision 53-90,in the Martinez area, through August 7, 2004; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 85% ♦ ANTICIPATED DATE OF COMPLETION: March 2004 t REASON FOR EXTENSION: Need to complete paving. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. I hereby certify that this is a true and correct copy of an action taken JD:rm and entered on the minutes of the Board of Supervisors on the date G:\GrpData\EngSvc)BO\2004\02-24-04\MS 53-90 BO-1 l.doc shown. Originator: Public Works(ES) Contact: Frank Navarro(313-2264) ATTESTED: FEBRUARY 24, 24-, 2004 C: Public Works-T.Bell,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and County Current Planning,Comnurnity Development T—June 7,2004 Adnnnistrator Steven St.Germain 4016 Medford Ct. Martinez,CA 94553 Anxrkan Contractors Indemnity Company Attn:Keith Sandrock,Jr. By ,Deputy 5776 Stoneridge Mall Road OF Pleasanton,CA 9458$ 82 RESOLUTION NO.20041 Centra Costa County SUBDIVISION AGREEMENT EXTENSION Development Number: Minor Subdivision 53-90 Developer: Steven St. Germain Original Agreement Date: August 7,2001 Extension New Termination Date: August 7,2004 z Improvement Security Security Ty Security Amount Cash: $1,000.00(1% cash, $1,000 Min.) BOND: $16,000.00(Performance) $8,500.00(Labor&Material) Bond No. (Date): 136970 (July 20,2001) SURETY: American Contractors Indemnity{Company The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety hereby agree thereto and acknowledge same. Dated: JANUARY 16, 2004 Dated: '4.4� '10 FOR CONTRA COSTA COUNTY Developer`s Signatures) Maurice hiu,P lic'works Director STEVEN R. ST. GERMAIN By: Printed 4016 MEDFORD COURT, MARTINEZ, CA 94553 Address RECOMMEN FOR.APPROVAL: AMERICAN CONTRACTORS INDEMNITY COMPANY By: � Surety or Financial Institution - (En neeri g Se ces Division) 9841 AIRPORT BOULVEARD, 9TH FLOOR LOS ANGELES, CA 9 0 Address Attorney in Facts Signature _. (NOTE. Tleveloper's, Surety's and Financial Inst' on's Signatures must be Notarized.) KEITH SANDROCK, ,IR. ATTORNEY-IN-FACT Printed Ater Approval Return to Clerk of the Board F'URM,dPPRL1YED: �icr r�J WestmaR..�nun,yCaunss[ CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of L OPTIONAL SECTION County of }C'(- .. i CAPACITY CLAIMED$YSIGNER On ,before me, t � _ — f" x Though statute does not require the Notary to fill I).4T NAME, TLE OF OFFICER E. DOE,NOTARY PUBLIC In the data below,doing so may prove Invaluable ,.m personally appeared �thr to perspns relying on the document. NAML(s)OF SIGNER(S) ❑XINDTVIDUAL personally known to me-OR-O❑ provided to me on the basis of satisfactory evidence to F] CORPORATE OFFICER(S) be the person(s)whose name(s)is/are subscribed TITi E(s) to the within instrument and acknowledged to me that he/she/they executed the same in ❑ 0 PARTNER(S) 0 © LIMITED his/her/their authorized capacity(ies),and that by ❑ ❑ GENERAL his/her/their signature(s)on the instrument the G ❑ ATTORNEY-IN-FACT 1406066 person(s)or the entity upon behalf of which the ❑ 0 TRUSTEE(S) NotalY PUM` on(s)acted,executed the instrument. El GUARDIAN/CONSERVATOR C000� ❑ © OTHER: ESS my han trial seal SIGNER IS REPRESENTING; SIGNATU OF N AR f NAME OF PERSON(S)OR ENTITY(IES)) [JO acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. OPTIONAL SECTION THIS CERTIFICATE MUST HE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Plumber of Pages Though the adjacent data is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. Mrrare must be signed exactly as it is typed or printed. IL SIGNATURES YOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. IIL SIGNATURES FOR.PARTNERSHIPS Signing party must be either a general partner or be authorized in writing to have the authority to sign for andbind the partnership. IV. SIGNATURES FOR CO tPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. {a The Chair of the Board {b The President (c Any Vice-President GROUP 2. la The Secretary bAn Assistant Secretary c The Chief Financial Officer d}The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing theperson signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: ,,...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Y � State of California County of AlamedaS On January 16, 2004 before me,_ Gimme M. Schlosser, Notary Public � Data Name and Titfeo!Officer(C2.,'Jame Doe.Notary Pvbtie') � {� personally appeared Keith Sandroek, Jr. �'' Namais)of S,gner(st a personally known to me–OR--rJ to be the person(s) ; r� whose name(*) is6k=subscribed to the within instrument ?� and acknowledged to me that he/ t � executed the same in his/ authorized capacity( ),and that by his/ signature(s) on the instrument the personN), or the entity upon behalf of which the persons acted, ' executed the instrument. GIMME M.SCHLOSSER PBLNOT UG-CAFOR IA0 WITNESS my hand and official seal. ALAMEDA COUNTY 0 CGSMM+ EXP,AUG.11.2 �yTgnaiLA of rtata+y?uc+.o r X S OPTIONAL Though the information below is not required by law,it may prove valuable to persons retying on the document and could prevent � fraudulent re,oval and reattachment of this fom to another doournent. Description of Attached Document Title or Type of Document: Dcc r-iant Date. N '^ren of sagas. Signers) Other Than Named Above: Capacity{ * Claimed by SignerM Signer's Name: Keith Sandrock_3r. Signer's Name: —None- 6 Individual Individual r Corporate Officer r Corporate Officer Title(s): Titie(s): _ Partner--77 Limited Genesi = Partner--- Limited 7 Genera.! ,.I Attomey-in-Fact ,! Attorney-in-Pact r "-- Trustee .,, � Trustee r' Guardian or Conservator 'sr y,•••> �"�' ��!"i, h ► ->a ,_ t „_, GuaFdian or CdnScr~datdr y f.T.� Other: I Top of tnu. c rare _ Other: Tap ct mumr here r i Signer Is Representing: Signer Is Representing: American Contractors { s , Indemnity Company Z M5 tv'eaont!rla,myr Mian•8238 Sommot Ave.,POBox 7184•Canoga PWx,CA 91309.7184 Pracs.No.59C7 r American Contractors IndemnityCompany P Y 9841 Airport Blvd.,9th Floor,Los Angeles,California 90045 05-4365 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company of the State of California,a California corporation does hereby appoint, Keith Sandrock,Jr.,or Aimme M. Schlosser of Pleasanton,CA Its true and lawful Attorneys)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an Amount not to exceed S ***$2,500,000.00 Dollars***. This Power of Attorney shall expire without further action on September 27,2005. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day of December, 1990. "RESOLVED that the Chief Executive Officer, President or any Vice President, Executive lice President, Secretary or Assistant Secretary, shall have the power and authority 1. To appoint Attorneys)-in-Fact and to authorize them to execute on behalf of'the Company,and attach the seal of the Company thereto, bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, 2. To remove, at any time,any such Attorney-in fact and revoke the authority given. RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of'Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its President on the 28th day of February,2003. To,���d AMERICAN CONTRACTORS INDEMNITY COMPANY +3 INOMMM THED SEPT.26,IM -tee By: Gtr Robert F.Thomas,Chief Executive Officer STATE OF CALIFORNIA § COUNTY OF LOS ANGELES § On this 28th day of February,2003 before me,Norma J.Virgilio,a notary public,personally appeared Robert F.Thomas,Chief Executive Officer of American Contractors Indemnity Company,to me personally known to be the individual and officer described herein,and acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office. NCRRMA J.1IIRGIL WITNESS my hand and official seal Cornmiasion#i=2310 z a, Notary Public-California ---- Las Angel"County - Norma J.Virgilio,Notar MyComnEdeasSap2Y,2M5 1, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect. IN WITNESS HEREOF,I have hereunto set my hand this 16th day of January 2004 Bond No. 136970 Agency No. #9005 JAMES H. FERGUSON orporate Secretary rev.POA04/20/01 00,/f THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 24, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DEaAULNIER AND GLOVER NOES: NONE ABSENT: NONE .ABSTAIN: NONE RESOLUTION NO. 2004/ 83 SUBJECT: Accepting completion of warranty period and release of cash deposit for faithful performance, Subdivision 7475, El Sobrante area. (District 1) On February 24,2004,this Board resolved that the improvements in Subdivision 7475 were completed as provided in the Subdivision Agreement with DeNova Homes, Inc, and now on the recommendation of the Public Works Director, The Board hereby FINDS that the improvements have satisfactorily met the guaranteed performance standards for the period following completion and acceptance.NOW THEREFORE BE IT RESOLVED that the Public Works Director is AUTHORIZED to refund the $3,200.00 cash deposit (Auditor's Deposit Permit No. 32.3483, dated November 30, 1998) plus interest, if appropriate to DeNova Homes, Inc. in accordance with Government Code Section 53079 and Ordinance Code Section 94-4.406. BE IT FURTHER. RESOLVED that the warranty period has been completed and the Subdivision Agreement and performance/maintenance surety bond for $47,685.00, Bond No. 550.2334(dated March 24, 2000)issued by Financial Pacific Insurance Company are exonerated. 3D:rm I hereby certify that this is a true and correct copy of an c:\Grpoata\ ngSvctao\2a04�02-24-04\Soa 7475 a0-60.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Supervisors on the date shown. Contact: Frank Navarro(313-2264) cc: Public Works Accounting,Tax I.D.68-0192453 ATTESTED: FEBRUARY 24, 2004 -M.Valdez,M&cT Lab T.Bell,Construction JOHN SWEETEN, Clerk of the Board of Supervisors Current Planning,Community Development DeNova Homes,Inc. and County Administrator 1849 Clayton Road Concord,CA 94520-2513 Financial Pacific Insurance Company 3850 Atherton Road By ?Deputy Rocklin,CA 95765 RESOLUTION NO.2004/ 83 Recordedat the request of: ! ContraaCCosta County Public Works Department CONTRA COSTA Co Recorder Office V „ Engineering Serviees Divisionr STEPHEN L. UEIR, Clerk-Recorder Public Works Department DOC— 2004-0059988-00 Engineering Services Division Tuesday, FEB 24, 2004 14:53:21 FRE TtI Pd $0,$0 Nbr- 1 6352 irc/R9l1-2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adapted this Resolution on February 24, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 84 SUBJECT: Accepting Completion of Drainage Improvement Agreement (DA 0011) for Subdivision 77.25,Alamo area. (District III) The Public Warks Director having notified this Board that the drainage improvements(DA 0011) for Subdivision 7725 have been completed as provided in the DrainageImprovement Agreement with GHC Investments, L.L.C.heretofore approved by this Board; NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of February 24, 2004 thereby establishing the six-month terminal period for the filing of liens in case of action under said Drainage Improvement Agreement: DATE OF AGREEMENT SURETY March 19, 2002 Developers Surety and Indemnity Company JD:rm I hereby certify that this is a true and correct copy of an G:\CopDWa\EngSvc\BO\2004\02-24-04\SUB 7725 BO-42.doc action taken and entered on the minutes of the Board of Orlginatora Public Works(ES) Contact: Frank Navarro(313-2264) Supervisors on the date shown. Recording to be completed by COB ccs Public Works -Accounting -T.Bell,Construction -Maintenance(W/Plat) ATTESTED: FEBRUARY 24, 2004 , -T—February 24,2005 CSAA-Cartog JOHN SWEETEN,Clerk of the Beard of Supervisors CHP,c/o Al and County Administrator Sheriff-Patrol Div,Commander Developers Surety and Indemnity Company rye' 3100 Oak Road,Suite 260 By Deputy - (� Walnut Creek,CA 94596 7 ' GHC:Investments,L.L.C. 4340 Stevens Creek Boulevard,Suite 240 San Jose,CA 95129 RESOLUTION NO.2004/ 84 SUBJECT: Accepting Completion of Drainage Improvement Agreement (DA 4011) for Subdivision 7725,Alamo area. (District III) DATE: February 24, 2404 PAGE: 2 BE IT FURTHER RESOLVED the payment (labor and materials) surety for$92,544.40, Bond No.867475S,issued by Developers Surety and Indemnity Company be RETAINED for the six month lien guarantee period until August 24, 2004, at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER. RESOLVED that the beginning of the warranty period is hereby established,and the$1,800.00 cash deposit(Auditor's Deposit Permit No.DP379878 dated January 9, 2042) made by GHC Investments, L.L.C. and the performance/maintenance surety for $182,200.00, Bond No. 8674755 issued by Developers Surety and Indemnity Company be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until released by this Board. RESOLMON N0. 2004/84