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MINUTES - 02242004 - C16-C21
CONTRA COSTA Co Recorder Office `, / STEPHEN L, WEIR) C 104eccrderr Recorded at the request of; � 1s-' � "@059989_00 Contra Costa County Board of Supervisors Tuesday, FED 24, 2004 14:53:29 Return to; FRE $0.00 A /�{ �j Public Works Department Tt l Pd =QQ Nbr-4J�01996353 Engineering Services Division 1 r C I RS f 1—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/ 85 SUBJECT: Accepting completion of right-of-way-landscaping improvements and releasing of cash deposit for faithful performance for Subdivision 8250,Rodeo area.(District II) The Public Works Director has notified this Board that the right-of-way landscaping improvements in Subdivision 8250 have been completed as provided in the Right-of-Way Landscaping Agreement with Schuler Homes of California,Inc.,heretofore approved by this Board on July 27, 1999. PE:rm G:\GrpData\EngSvc\Baa004\02-24-041SUB 8250 BO-45.doc Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an ConRecording Frank Navarro(313-2264) Re� action taken and entered on the minutes of the Board. Of trding to be completed by COB cc Public Works -Tax I.D.99-0328127,Accounting Supervisors on the date shown. -T.Bell,Construction Div. M.Valdez,M&T Lab -H.Finch,Maintenance Div. ATTESTED: FEBRUARY 24. 2004 1.Bergeron,Mapping Div. JOHN SWEETEN Clerk of the Board of Supervisors and -P.Edwards,Engineering Services } l3 -Special Districts County Administrator Sheriff-Patrol Div.Commander CHP,c/o Al CSAA—Cartog Schuler Homes of California,Inc. 1250 Pine Street,Suite 305 By f , Deputy Walnut Creek.,CA 94596 United Pacific Insurance Company 2505 South 320"St Federal Way,WA 98003 United Pacific Insurance Company C/o Marsh USA Inc. 745 Fort Street#1100 Honolulu,HI 96813 RESOLUTION NO.2004/ 85 CA/1 SUBJECT: Accepting completion of right-of-way-landscaping improvements for Subdivision 8250,Roden area. (District It) DATE: February 24, 2004 PAGE. 2 NOW THEREFORE BE IT RESOLVED that the warranty period has been completed,and the Public Works Director is AUTHORIZED to refund the$1,000.00 cash security for performance (Auditor's Deposit Permit No. 334929, dated July 14, 1999) plus interest in accordance with Government Code Section 53079,if appropriate,to Schuler Hames of California,Inc.pursuant to the requirements of the Ordinance Code and the Right-of-Way Landscaping Agreement. BE IT FURTHER.RESOLVED that the warranty period has been completed,and the Right- of-Way landscaping agreement and surety bond are EXONERATED. RESOLUTION NO. 2004/85 CONTRA COSTA Co Recorder Office STPKN L. WEIR, Clerk-Recorder �f DOC-- 2904-0059990-00 Recorded at the request of. Tuesday, FES 24, 20e4 14:53:34 Contra Costa County TFRE $0.so /�/�■1y1�yA� Board t Supervisors 1 t l Pd $6," r-ON#916354 Return t0: V V i Public Works Department 1 r C/R S/1-2 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/ 86 SUBJECT: Accepting completion of private improvements, Subdivision 8417, Crockett area. (District In The Public 'Works Director has notified this Board that the private improvements in Subdivision 8417 have been completed as provided in the Subdivision Agreement with East Bay Habitat For.Humanity,Inc.,heretofore approved by this Board in conjunction with the filing of the Subdivision Map. JD:em G:1GrpData\EngSvrlBO\2004\02-24-041SUB 8417 B0 45.doe Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Frank Navarro(313-2264) action taken and entered on the minutes of the Board of Recording to be completed by COB cc: Public Works -Tax I.D.94-3053687,Accounting Supervisors on the date shown. -T.Bell,Construction Div. -M.Valdez,M&T Lab -H.Finch,Maintenance Div, ATTESTED: FEBRUARY 24, 2004 -i.Bergeron,Mapping Div. Sheriff-Patrol Div.Commander JOHN SWEETEN, Clerk of the Board of Supervisors and CHP,aloAT County Administrator CSAA—Cartog East Bay habitat for Humanity,Inc. Attn:Jim Bergdoll 2619 Broadway Oakland,CA 94612 By_ Deputy Travelers Casualty and Surety Co.of America Attn:Doreen Botti 1300 Mt.Kemble Avenue Morristown,NJ 07960 RESOLUTION NO.2004/ 86 SUBJECT: Accepting completion of private improvements, Subdivision 8417, Crockett area. (District E) DATE: February 24,2004 PAGE: 2 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 Subdivision Agreement: DATE OF AGREEMENT NAME OF BANKISURETY December 4, 2001 TravelersCasualty and Surety Company of America BE IT FURTHER RESOLVER the payment (labor and materials) surety for $11,700.00, Bond No. 0385 103561339 issued by the above surety 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 private improvements have been COMPLETED and are NOT ACCEPTED NOR DECLARED as county roads, at this time. BE IT FURTHER RESOLVED that there is no warranty period required, and the Public Works Director is AUTHORIZED to refund the$1,000.00 cash security for performance(Auditor's Deposit Permit No.374615,dated September 20,2001)plus interest in accordance with.Government Code Section 53079,ifappropriate to East Bay Habitat Humanity,Inc.pursuant to the requirements of the Ordinance Code. BE IT FURTHER RESOLVED that the Subdivision Agreement and surety bond are exonerated. RESOLUTION NO. 2004/86 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 24, 2004,by the following vote: e,a APES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND',GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 20041 87 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8683,being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., San Ramon(Dougherty Valley) area. (District III) The following documents were presented for Board approval this date: 1. Map The final map of Subdivision 8683,property located in the San Ramon(Dougherty Valley)area, Supervisorial District III,said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Shapell Industries of Northern California,a Division of Shapell Industries, Inc.,principal,whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: 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. ATTESTED: FEBRUARY 24, 2004 originator.Public Works(Es) JOHN SWEETEN,Clerk.of the Board of Supervisors and Contac: Teri Rie(313-2363) County Administrator TR:cmm Cr-\GrpDatalEn6wv Bo12004W-143-04\SUB 8683 B0-21.doc cc. Public Works—T,Bell,Construction Current Planning,Community Development T—December 24 2004 By }Deputy Shapell Industries of Northern California, Sam Worden&Steve Savage 100 N.Milpitas Blvd. Milpitas,CA 95035 National Fire insurance Company of Hartford Pamela Stocks 5820 Canoga Ave.,Suite#200 Woodland Bills,CA 91367 RESOLUTION NO.2004/ 87 I................................................................................................................................................................................... .............................................................................................................. ........... SUBJECT: Approve the Final Map and Subdivision Agreement for Subdivision 8683, being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., San Ramon(Dougherty Valley) area(District 1.11). DATE: February 24, 2003 PAGE: 2 A. Cash Bond Performance amount: $22,300.00 Auditor's Deposit Permit No. DP 413390 Date: October 16, 2003 Submitted by: Shapell Industries of Northern California, a Division of Shapell Industries, Inc. Tax ID Number: 95-2578030 B. Surety Bond Bond Company: National Fire Insurance Company of Hartford Bond Number: 929 263 069 Date: October 7, 2003 Performance Amount: $2,208,700.00 Labor & Materials Amount: Sl,I 15,500,00 Principal: Shapell Industries of Northern California, a Division of Shapell Industries, Inc. 111. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore le-Nied 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 day of January 2004, is estimated to be$55,900.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Institution: National Fire Insurance Company of Hartford Bond Number: 929 299 729 Date: January 28, 2004 Amount: $55,900.00 Principal: Shapell Industries of Northern California, a Division of Shapell Industries, Inc. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement, is DETERMINED to be consistent with the County's general and specific plans. 1 That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets. , paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2004/87 SUBDIVISION AGREEMENT (Government Code§66462 and§56463) Subdivision: 8683 Principal: Shapell industries of Northern California, a Division of Shaoell industries,Inc. Effective Date: �'" T' Completion Period: i year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONIF,A COSTA COUNTY PRINCIPAL Maurice M.Shiu,Public Works Director Shapell Industries,Inc. RECOMMENDED FOR APPROVAL (Prise lama&si Ey {Sfgnuaue> Engineering Services vi on eP»e»ume&title) �"�' FORM APPROVED: 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"Coup "and the above-mentioned Principal,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as reviewed and on 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 mariner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT,SECURITY. Upon executing this agreement, Principal shall, pursuant to Government Code§56449 and the County Ordinance Code,provide as security to the County: A. For Per o�rmance and Guarantee: $22,300 cash,plus additional security,in the amount:$220,8 7t)Q which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees performance under this agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount:$1,115,500 which is fifty percent(509&)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or materials to theist or to Principal,Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Principal guarantees that said work shall be 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. PLANT ESTABLISHMENT WORK. Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other 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 any respect,Principal shall make whatever changes necessary to the plans to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials;or payments,therefor,-dr 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 rein iemnities benefited and protected by this promise are County and County's special district,elective and appointive boards, commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below and including personal injury,death,property damage,inverse condemnation,or any combination of these and regardless of whether or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as complete and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing;liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that.the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Principal shall pay when due, all the costs of the work,including inspections thereof and relocation of existing utilities required thereby. 14. SURVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work, Principal agrees to pay all costs incurred by County,even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or 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 a third party beneficiary against Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8 (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP, In consideration hereof,County shall allow Principal to file and record the final snap or parcel map for said subdivision. RL:iD:lad G:\GtpData%i)g3vc\S1ava\Ga1e Rauch\86U(MR)\86$3 AG-30.doc Rev. Oaober 25,2001 ... v�. ti� .^, �n v�.wVvv. v�✓vV�.n.rv�wv. v �.vV,,v � ..v.v ti�,+��..ti. �tiMtiw .:vz.�..vu�✓v'v'v� +,�.VwVv�.,V'vv�,�nwn,w�f:w�rw�,:^,�,1.wv�wv.v�-�> l�-V\'U�."�...,::'\n.\."v\.'V\�'v'�.'ti'�/+.+Y.✓1�ti'V Y��.'VV'V✓'UVV✓ti+V'.lV�/Y^V'✓\.1N\..iV\✓'V\.'\i�✓V�rV�.^\ VV�FV'V�/�✓v\."Wl+VV1✓\/V^/v'v"�/V'�,NV�✓'VtirWVV\/V�C �<; r 11 � S S CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT 5� State of California County of Santa Clara s s On October 13,2003, before me,Janice T. Kruse,Notary Public personally appeared 1 Robert D.Moore and Ken Cox,personally known to me to be the persons whose names sl are subscribed to the within instrument and acknowledged to me that they executed the ss same in their authorized capacity, and that by their signature on the instrument the s s persons, or the entity upon behalf of which the persons acted, executed the instrument. co"m nient*1318697 s Nokw AMC-C000mb WITNESS my hand and official seal, s Sankt 000 Cafxty S`gnature of Notary Public Optional Information Title or Type of Document: subdivision A,greemextt- Tract 8583 s s` Capacity Claimed by Signer: Assistant Vice President&Assistant Secretary Qf x� Shaneil Industries Inc. ss s' <s s v'��;\F�.V�..:���,^.1. \,.�:Vl:l�.V\��`,\,'..,\:\�ti..\�',\'ti:\n."�.^��\\i��V\.VV�v^%\Vi��:�'.:\ ti.�\-�:\.�.�/Y.., '�.\.'�i'4.�.i�f•✓'Y'\\%�n1�'V�`.1�.�"it�''�.V�.�'�Vni�'�+'v`T\NV'��f���.rV��%\:ti"v^..;'�:N\. 11.111.11.1.1............................................................................................................... ......................... .............................. .... .................................. pw a2 W F5 F, tn ti fL Ni NNp gOf co CC) W." 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'—`tet` w'=c L�iiy-+ C✓ E4 s`t �y �`^' t }u y a e t' ca z Ia n E# � u nl E' a fI cn R R I qµ.t ice}`a"tu�y3^ # • OS O ._. 1, t";"'1 W �� IN 1\ "' .w-+ tT i �:Y yyp.w '*`p ^u3 k, aty r�y'v' h us• As4 V at 'i. y W ' :u ' y"yCl '•, a a uy �� yy `s:4. 4s��yy cwt !r 4+ �C7 S` {a„^aA`'i i•'s++ay N #f�b �1 N.. �h•,taw ' S!$ O. N U J*'StlHh 5: '. 4 rp. a .cy a . . . .� tp yys;S,��N�N� s/r "s'H `°. w. t... i� Iii S'�&'- d'•... 31 E mr a le vcs ji zz se i{ 302.3 {t� ITS T04 .w xr csw.,cc aywarrrno- sweeps•+Wawa+;�s+»+'arufro.xsa�ca��+easmre CCS Y CIFCONTTRA CC)STA OFFICE OF COUNTY,AA ?!"OR.COQ 1`0 THE TREASUM: 1`*Z,CALIFORNIA tECENED FROM ORGANIZATION NUAQU 'Cash CoUedionPmce4*sm see County Adminutrator's Bulletin 105) DESCRIPTION T CI/URG ACCT TASK TK>N ACTIVITY AMOUNT $ } f f A Adry R. I fj r. if 4()"", t" t EXPLANATION- I TOTAL �7 Deposit consists of the fotlovving items cola arxt CURRENCY $ rte'I.t7 �.` / `• CHECKS,M.o,ETC. $ BANK DEPOSITS $ fOR Aul lit wcONTlOcl&uSE ONLY DEPOSIT PERMIT DP NUMBER DATE 4:133, ASSIGNED The amount of money c}escribedabove rs for deposit into the County Treasury. Treasurer s receipt a#above amount is approved. Receipt c#above amount is hereby acknowledged t a a ' Date i 7T, {�.. ^� SignedEX d tn8 sem...• . 3-34 REV.(7-93) Deputy County Auditor r� . Deputy County Treasurer �r . "�' ` EB.17.2004 3:17PM CCC PUBLIC WORKS NO.621 P.2 829800-0800: G1121615, $213,755.00, Sub 8571, Cash Performance Bond, Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520 8198030-0800: G112I617, $31,800.00, Sub 8572, Cash Performance Bond, Hoffman land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: 61121628, $42.480.00, Sub 8577, Cash Performance Bond, Hoffman Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-0800: 61122619, $9,460,00, Sub 8578, Cash Performance Bond, Hoffman Land Development Co,, 1380 Galaxy Way, Concord, CA 94520 819800-0800: 61121620, $17,000.00, Sub 8579, Cash Performance Bond, Hoffman Land Development Co,, 1380 Galaxy Way, Concord, CA 94520 8198030.0800*. G1121656, $3.8N.00, RA1147, Cash Performance Bond, Windemere 8LC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819830-08030: 61121660, $13.600.04, PA0005, Cash Performance Bond, Windemere SLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 819800-08030: 61122662, $20 700.00, RA1142, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #320, San Ramon, CA 94583 819800-0800; 61121664, $1,C1N.00, Sub 8712, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 8198030-0800: 01121666, $1,320. Sub 8713, Cash Performance Bond, Windemere BLC LLC, 3130 Crow Canyon Pl #310, San Ramon, CA 94583 819800-0800: G1121668, $22,300.0Q, Sub 8683, Cash Performance Bond. LtM Ramon, ?'o - X3611 � io,�►r c 819800-0800: 611,21669, $1.500.00, Sub 8724; Gas i` Perform nce Band, ; Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 44vms 0f;V 0PV Y"on?-�z Ito- 1�ubtl# isivns Gals Ranch It!$683{t,!-I I I Cornerstone Premium: $16,585.00 Yox SmDmwt4 At."xiCt?1 hwiT . ftfornmuce,CrtiUMMO and ftyinantl (Califf is Goverttazt Code if 66499-66499.10) 1. s 7ht developer(principal)has iaecutcd a strbcli sion sgmtnertt with the Cmmty'of Conau Costa to install and pay for stmt, draluge and other improvements in Subdlvlsle n a= as socife d In the subdivir4on vigmement and to complete said work within the dtm qooiftod for cmWeOore in the suNividon apeew ,-all in accordance with State anti lae al lawn and WRAP Ohemunder in ofd to satisfy conditions for filing of it final reap or p=rl map for saki subdivision. If ,7,tbdusty Ink,as pr;ncipat and a corporation organized and existing under the laws of the Stine of and authorized to ersat sttraty bumness in California, as surety, hereby jointly acrd =Yuri dy gird ourmlvcm,uta tem,cxr=a ,a&iirdstruiurs,VuOmsm Wd axsigns ter-"co utrty Orr-onm A. 1''+art'or" ixtict and Guarnow DMlWon '.wo. nL- k .R"drq . Dollars($ forrContrra Com arty ar any-city assigr trader the above Counry Subdivision Agrcerrl~eut. B, payntnt., ' Mim 92i einn' '-- H-Ul lied d Wti{}ft Dollars ($,L11 to secs thecWrtts to wttk-h Mfmaw is marls in MOO XV(coroner rte Witt► ction 3082)of Dart.4 of Division 1U of the Civil Code of the State of CA ifbrrd*L 3. Jx X. The Condition of We obligado-a ass to SecOon(2A.)above is such that if the above hxrn&d principal, or Oncit 's beim-e:xectttmi�adrniztistrators,succas€rrs or assigns,shall in all things stand to and abide by and well and iraly bep and perfoxm the covmants,conditions and provisions in the said S9WOMW an4 arty alteration thmot marls as therein provided, on it or its pact, w he dept and perfomiod at the time and in the nmatr therein specified and in all respects according to fti:r troe itaw od weaning and shall indemnify and save haness the Coory of Contre Costa (or city anigttte)its ofElcers,agettte turd emgloyee4,as therein stipulated,cher:this obligation shall becomes Trull and void,odwrwise it shall be and remain in tirlh force"acrd effect. .As part of the obligation:cured herby artd in a iditiori to the face a mount specified therefrom:,there shall bo included re movable costs,expenses anti fres,including reasonable Attorneys fete,incurred by rhos Co=ty of Cbntra Costa(err city assignee)in succrossfirlly enfowing such obligation,all tro hes taxed as assts and included to any judgetsrerrt r ndered. R. Tbc mcoadition of this obligation, as to: Section (2,B) above, is such that said principal and the undersigned, as corparatc surety,are held firmly bound unto}the County of Con#ra Coate and all contractor,subcontmtors.laborers,material morn and other persora employed in the porfbmwioe of ft afommaid subdivision agreamat and mferred to in the aforesaid Civil Cant, for materials bunistred.labor of any kdnd,or for Brno mts due ut*r the Unemployment Insurance,Act with respect to such work or labor and that said euretyt will pay do satrse in art atra6unt not cxcecding the aro ounc hGrcin above set fo ith and also,parse suit is bmught upon this bomd,will gay,in addition to the fact amount dverenf,xassonable casts«expmuee and feats,including reasonable anome.Ys fees,incurred by the Caun#y Of COM4 Ccrsia(at city•assist nee)in succe.ssfulty enforcing such trhligation, to bas awarded and fixod by lire court,all to be taxed ass costs and to be included in tho judge rent therein rendm(L It is hemby axpmssty stipulated anrt agreed that this bond shall inuros to the benefit of any and all per,tompartiasmd corporadons entitliui for file claims un&r Title;15(conuvcncing witlr Seed oil 3082)of Past 4 of Division 3 of the Civil Code,s€1t as to give a right of action to thermor their msigns in any suit brought upon thia bond. SdrotUd Ow work waft conditions of axis bMt be r'utly perrfOrrrt+d ten ihls obit#nWonl shall berw0wo null and void;oxthrxwise it shall be and remair7 in full€ :e ad o f oct. C. No atteiratio n at-said subdivision agreaatnt or any plait or srpocibeation of said wo*agreed to by _ -_-the-principal and-tho-Co nty-of-Contra Costa(or city-assir n )shall- ii a The suety€turn-liability on this bond;and owseot Is hereby given to scree such alteration without Ater notice to ort consent by the ciliary,andftsuretyhwaby waives the provisions of Cataf'm4at Civil Cade Section 2814 and holds itarlf bound without regard to and independently of any action a suit st the principsl whenever taken. ti industries of Northem Call€cr<rnla, pttMjpAL: a Dkiision of Shrapell Industries,Inc. Naftnal Fire insurance Corn rrn tit Hartford Address: _ .{1 1 i#itt .l��_ __ __M.._ Addmss: 5820 Canaola Avenues Suite��t1� City. - Wd@Ji A _ : 95035 City: Woodland Hilts.CA 71n. 9 367 _ By: - By Ce Print Naane: A.cook Title. Title: Atto rncyin-Fact Print Name: Title: .� MftW:hV CS:�„pt)xuti�r.*utti9�wtQdr RAao#,kd8!dbr3�y�td37 8"1.}�.f1aF ,,,,mw.vxn KK+ ,rows •%K+// r?xnw: ,r,KKKK '•:.: ...mr+.;:w,v.: 3 POWER OF Ai`TC3f NE`` ' 1PPOINTING INDIVIDUAL ATT0 . EY-IN-FACT Know All Meet By These Presents,That CONTINENTAL CASUALTY COMPANY,an lllino#s corporation, NATIONAL FIRE INSURANCE =OMPANY OF HARTFORD,a Connecticut corporation,AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA,a Pennsylvania orporation(herein collectively called"the CCG Surety Companies"),are duly organized and existing corporations having their principal off!--es in }e City of Chicago,and State of Illinois, and that they do by virtue of the signature and seals herein affoced hereby make,eonsftAq and appoint Marie A.Cock, tndiv#dua#: f Milpitas, California reir true and lawful Aft mey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bands, ndertakings and other obligatory instruments of similar nature •in Unlimited Amounts ,id to bind them thereby as fully and to the same extent as if`such instruments were signed by a duly authorized officer of their corporations and #the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. This Power of Attorney is triads and executed pursuant to and by authority of the By-Daws and Resolutions,printed ori the reverse hereof, sly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CCC Surety Companies have caused these presents to be signed by their Group Vice President and their 3rporate seats to be hereto affbmd on this lath day of June 1958 CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD W"P""A rr ` AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA Z NtLYY IL Marvin J.Cashion Group Vice President tate Of Illinois,County of Cook,ss: On this ift day of June , 1998 ,before me personally came arvin J.Cashion,to me kmw/n,who,beim by no duly sworn,did depose and say:than he resides in the City of Chicago,State cf Illinois;that s is a Group Vice President of CONTINENTAL CASUALTY COMPANY,NATIONAL FIRE INSURANCE COMPANY OF HARTFORD,and MERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described In and which executed the above Instrument,that he knows the Ws of said corporations;that the seats afted to the said instr meet are such corporate seals;that they were so affixed pursuant to authority ven by the Boards of Directors of sal#corporations and that he signed his name thereto pursuant to Ake authority,and'acknowiedges same to s the act and deed of said corporJftft NOTARY tom' My Commission Expires.March 6,2000 Mary Jo Abel Notary Public CERTIFICATE #, Mary A. Ribikawskis,Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPANY OF ARTFORD,and AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA do hereby certify that the Power of Attorney herein rove set forth is still in force,acid further certify that the By-Law and Resolution of the Board of Directors of each corporation printed on the verse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed ed the seals of the said corporations is day of CONTINENTAL CASUALTY COMPANY NATIONAL FIRE INSURANCE COMPANY OF HARTFORD yrs AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA It nn i, i$B7 Mary A. Ribikawskis Assistant Secretary 10111197) i Authorv* 9 By-Laws and Resolutions MPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of ie Company. "Article IX--Execution of Documents Section 3.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President or any Executive,Senior or Group, Vice:President may,from time to time,appoint by written certificates attorneys-in-fact to act in behaff of the Company in the execution of policies of insurance, bonds,undertakings and other obligatory instruments of like nature.Such attomeys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorriey4n fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of iirectors of the Company at a meeting duly called and held on the 17th day of February,1993. "Resolved,that the signature of the President or any Executive, Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company,Any such power so executed and seated and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." rPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of ie Company. "Article W--�ecutlon of Obligations and Appointment of Attorney-In-Fac# Section 2.Appointment of Attorney-in-fact.The Chairman of the Board of Directors,the President lir any ExecL**.Senior or Group Vice President may,from time to time,appoint by wrftn certificates attomeys-In-fact to act in behalf of the Company in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such attomeys-in-fact,subject to t v limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto.The President or arty Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile cinder and by the authority of the following Resolution adopted by the Beard of iirectors of the Company at a meeting duly called and held on the 17th day of February,19930 'Resolved,that the signature of the President or any Executive,Senior or Group Vice President and ase seal of the C impany may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article Vl of the By-Laws,and the she of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate,of any such power and any power or certificate bearing such fats"smile signature and seal shalt be valid and binding on the Company.Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." iPTED BY THE BOARD OF DIRECTORS OF NATIONAL.FiRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February'17, 1993 by ie Board of Directors of the Company. "RESOLVED:That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time,appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds, undertakings and other obligatory instruments of like nature.Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by thew signature and execution of any such instrument and to attach the seat of the Corporation thereto.The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attomey-irr Fact' This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of iirectors of the Company at a meeting duty called and held on the 17th day of February, 1883. "RESOLVED:That the signature of the President,an Executive Vice President or any Senior or Group Vice President and the seat of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adapted by this Board of Directors on February 17,1893 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power,and any power or certificate bearing such facsimile signature and seat shall be valid and binding on the Corporation.Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any band or undertaking to which it is attached,continue to be valid and binding on the Corporation." I l l� CALIFORNIA IA ALL PURPOSE ACKNOWLEDGMENT State of California t� County of Santa Maras On October 9, 2003, before me, Janice T. Kruse,Notary Public personally appeared � �s .Marie A.Cook known to me to be the person whose name is subscribed to the within < instrument and acknowledged to me that she executed the same in her authorized fcapacity, and that by her signature on the instrument, the person or the entity upon behalf s s of which the person acted.,executed the instrument. <t t s� 45 .tAtE T.KR1J S� CommWlon* 131 UP7 10 Pubk C ITNESS my hand and official seal. ,f >t> San1aCkX0 Cm* Si attire of Notary Public `< Optional In,®r Title or Type of Document: Improvement Bond for Subdivision Agreement-- s Cornerstone—Tract 8683 Capacity Claimed by Signer: Attorney in Fact—rational Fire Insurance Co. �S { .,�. W'./�."4�N^..n/vV.f./\.'v^WY"✓�/".,N�Fa/V�/'+/� - `;\."W�/viNi/'i/�/�+\NTh/i..^,.h.`�,M!^h`U'rNi,.V�/".MNV�+i "\/�:`./WVh/",./V�.+' hh'W`v"�M%V\�() �> 1 S \i > CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California i County of Santa Clara s On October 9,2003,before me, Janice T. Kruse,Notary Public personally appeared s t Marie A. Cook& Bonnie lice Manu,personally known to me to be the persons whose � names are subscribed to the within instrument and acknowledged to nye that they executed the same in their authorized capacity, and that by their signature on the s� instrument the persons,or the entity upon behalf of which the persons acted, executed the l5 instrument. `S f TKM Ccxmm n*131307 s NESS my hand and official seal. } Si ure of Notary Public Optional Information Title or Type of Document: Improvement Bond#929263069 Cornerstone r s< Capacity Claimed by Signer; A sista t Nice President Assistant Secretary of Shay-0 Indnstrigs, Inc. � SS Si, S t 7� i SSSS SS St ��1�V\\"�~:�/:�.�.��` v J�.. .,'�. �,'\'�-'�,':✓'\i\\�/'�,"`.!�.,'L�.'.-`., vti .. .'� �,'�^��'�,'�.�,-'v~VW/\'i��M.✓`iv`'�`.h.UV WVv�V�,.��..�Wrl�rNi��\��.V�v'�Vvi\~`�/\��Y'V'✓„�f\/^..%�� 1231C In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bands and insureds on certain insurance policies written by any one or more of the following companies (collectively the "Writing Companies") as surety or insurer: Western Surety Company,Universal Surety of America, Surety Banding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American.Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. DISCLQS F OF FREMIUK The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DIIJCLQSIJRB OF FEDERAL EARTICIP&TION IN EAYHEDU QE TERROR The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 ..... ........ .. '1/28/04 FATCO X8683 Tax Collector's Office William J.Pollacek 625 Court Streett County Treasurer-Tax Collector Finance Building,Room 104 �� �� P.O.Box 691 (��```t�C� Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX "1 Tax Operations Supervisor i r Date: 1128/2004 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER 1S VOID. This Will certify that I have examined the map of the proposed subdivision entitled: Tract i MS# Ctty T.R.A. 8683 SAN RAMON 66448 Parcel#: 222-240-005-9 222-240-023-2 222-240-025-7 222-240-032-3 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 paidin full. Our estimate Of the 2004-2005 tax lien, which became a lien on the first day of January, 2004 is $55,900.00 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 rax Collector for review and gol2roval of adequacy of security prior to filincr with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasurer-Tax C Ile r n By: r y� �G _ ... ......... ......... ......... ......... ......... ......... ......... ......... ......... ....... . . 1111 . _ ..... ........... ......... ......... ......... ......... ......... ......... ......... ......_. ......... ......... ......... ......... PRINCIPAL TITLE COMPANY SURETY Shapell Industries,Inc. First American Title Co. Nationai Fire to Lance Company of Hartford 100 lel,Milpitas Blvd. 1355 Willow way,#101 5820 Canoga Avenue,Suite 200 Milpitas,CA 95035 Concord,CA 94520 Woodland Hifls,CA 91367 Attu:Elaine Rojo Attn.:Barbara Pinta Attn: Bond Dept. Phone:408-946-1550 Phone: 925-356-7025 818-713-2035 FATCO #910677 Bond No.829 289 729 Taut year 2004 - 2005 Premie: $419.00 BOND AGAINST TAXES Tract SM,Neighborhood 11,Cornerstone KNOW ALL MEN BY THESE PRESENTS. AP#222-240-005-9,222-2411-023-2,222-246-025-7.222-240-032-3 THAT,_ Shapell Industries,Inc.,a Delaware corporation as principal and (Surety} National Fire Insurance Company of Hartford , a corporation organized and existing under the laws of the State of CT ,and authorized to transact surety business in California as surety are held and firmly bound unto the County of contra Costa, State of California,in the penal sum of^ Fifty Five Thousand Nine Hundred no/100'""Dollars { 55,900.Zf0l ),to`be paid to said County of Contra Costa for the payment of which will and'truly be made,we and each of us bind ourselves,our heirs,executors,administrators and successors,jointly and severally,firmly by these presents. Sealed with our Seals and dated this 28th day of January, 2004. The conditions of the above obligation is such that WHEREAS,the above bounded principal is about to file a map entitled Subdivision 86$3 and covering a subdivision of a tract of land in said.County of Contra Costa and there are certain liens for taxes and special assessments collected as taxes,against the said`tract of land covered by said map,which taxes and special assessm6rits 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 of said tract,then this obligation shall be void and of no effect,otherwise it shall remain in full force and effect. Shapell Industries,Inc.,a Delaware corporation National Fire Insurance Company of Hartford f r 0 4rk incipal Surety Pamela L.Stocks,Attorney-in-Fact 5 P 'ncip DATE: 0,.2 fly`'`0. .. 110NU REVIEW D AND APPROVED CONTRA COSTA COUNTY TREAALUkER � AX COLLECTOR By! .....,.........r., (notary acknowledgment attached) ` POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CNA Companicel, are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Harmer,Individually of Sherman Oaks,CA,their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 34th day of October,2003. W at a, Continental Casualty Company National Fire Insurance Company of Hartford American Casualty Company of Reading,Pennsylvania SEAL. s Michae�Gengler Se Vice President State of Illinois,County of Gook,ss: On this 14th day of October,2003,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Chicago,State of Illinois;that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation, National Fire insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. 4FFGAL SEAL w Et.1ZA PRICE .r "1AWPUVJC,#TAM*FU0",j e�e My Commission Expires Septeer 17,2006 Eliza Price Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the corporations printed o„p the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this tt� day of Jou, r 2004 Continental Casualty Company National Fire Insurance Company of Hartford °OMS ''01irs American Casualty Company of Reading,Pennsylvania SWMEAL "Mu Iai7 � tt�' • �, Form F6853-11/2001 Mary A. ika kis Assistant Secretary ......... ......... ......... _...... ......... ...... ... _.... ......... ......... ....... ... ......... ......... ...... .... _ ............. ................................................. Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IXExecution of Documents Section 3. Appointment of Attomey4n-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact.,, This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 176 day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company" ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI—Execution of Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attorney-in-fact. The Chairman of the Board of Directors,the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duty called and held on the I7`"day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws, and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time, appoint,by written certificates,Attorneys-in-Fact to act in behalf of the Corporation in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such Attorney-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17&day of February,1993. "RESOLVED: That the signature of the President, an Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation may be affixed by facsimile to any certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Corporation." .......................................................................................................................................................................... . ....... ..... .................................. State of CALIFORNIA County of LOS ANGELES On January 28, 2004 before me, Sandy Hanner-Notary Public Date NAME,TITLE OF OFFICER, 'JANE DOE. NOTARY PUBLIC- personally appeared Pamela L. Stocks NAME($)OF SIGNER(S) personally known to me -OR -(—) proved to me on the basis of satisfactory evidence to be the persona) whose name(*!sAtmKsubscribed to the within instrument and acknowledged to me that Wshe/AW executed the same in blIsYher/lixX authorized capacityoee, and that by Nwher/MW signature$$)on the instrument the person(g), or the entity upon behalf of which the person(30 acted, executed the instrument WAWITNES my hand and offi9j"eal. T= W a 1 004 m! Notary Public-Caffwnis Los Angel"County IE OF NOTARY My Comm.Expires Jul 2,2005 OP-4W-400wW-W - - Q OPTIONAL Though the data below is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT PARTNER(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) National Fire Insurame Comoarry of Hartford SIGNER(S)OTHER THAN NAMED ABOVE G-107426-8 NOTICE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies(collectively the "Writing Companies") as surety or insurer: Western Surety Company,Universal Surety of America, Surety Bonding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American Casualty Company of Reading, PA, The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. D CLURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). O U E R N TERRORISM LOSMS The United States will pay ninety percent (90%) of covered terrorism losses_ exceeding the applicable surety/insurer deductible. Form F7310 s -t,�, •' '�l�/�/�,�i��:,vwv�F��✓�.vV�N�.n�.^�nry �P�✓� Mr �'.vv._-�.w'a,'�ni./,l�i=T./�.-Vin...vvw�M/*%�,^�^..vwvw�'v^�niv*✓W'/�,yw ''%" 1ST\_%� .�.�M!�/�.hN�/1. h`vV\�.�l�f��'11i�. /�Mu'�l��N���. �.`✓ '�FV'J�/`✓�i�`/W\'vV`./'.//�+".,'��`�'�f�/1M/W�/Vv'✓M/�/� '�.."^v'� S`� • 2J s� < CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT � State of California s County of Santa Clara On January 34,2004,before me,Janice T. Kruse,Notary Public personally appeared, ss Marie A. Cook& 'Ken Cox personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same s' in their authorized capacity,and that by their signature on the instrument the persons, or � s` the entity upon behalf of which the persons acted, executed the instrument. Co nn*sIon# 1318697 Natotv Pum-c0G0"Am WITNESS my hand and official seal. LOW=, fl _ Signature of Notary Public Optional Information z` �z Title or Type of Document: Tax Bond Year 2004--2405-8683,Cornerstone , �z Capacity Claimed by Signer: Assistant Vice President and Assistant Secretary ofs Shat►ell Industries.Inc, �s s �S 1� ti< s� 61. 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/ 88 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Subdivision. 8683 being developed by Shapell Industries of Northern California, a Division of Shapell Industries, Inc., San Ramon(Dougherty Valley) area. (District III) The following document was presented for Board approval this date for, Subdivision 8683 located in the San Ramon(Dougherty Valley) area. A Subdivision Agreement (Right of Way Landscaping) with Shapell Industries of Northern California, a Division of Shapell Industries, Inc., developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within one year from the date of said agreement. Improvements generally consist of landscaping. Said document was accompanied by the following: Security to guarantee the completion of right of way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Deposit Deposit Amount: $1,400.00 Deposit.made by: Shapell Industries of Northern California, a Division of Shapell Industries, Inc. Auditor's Deposit Permit No. and Date: DP417521 January 8, 2004 SG:rm I hereby certify that this is a true and correct copy of an Originator: Public Barks(ES) 8683 Bo-16.doc action taken and entered.on the minutes of the Board of Originator: Public Works{ES) Contact. Teri We(313-2363) Supervisors on the date shown. cc: Public Works- T.Bell,Construction Current Planning,Community Development T w December 24,2004(PI) ATTESTED: FEBRUARY Shapell Industries oflvorthern California laa Clerk of the Board of Supervisors and N.Milpitas Blvd. JOHN SWEETEN, Milpitas,CA 95035 County Administrator Attn'.Jinn Gold,Steve Savage&Sam Worden National Fire Insurance Co.of Hartford 5820 Canoga Avenue,Suite 200 Woodland Hills,CA 91367 Attn:Pamela L.Stocks By Deputy r RESOLUTION NO.2004/ 88 SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Subdivision 8683 being developed by Shapell Industries of Northern California, a Division of Shapely Industries,Inc., San Ramon(Dougherty Valley) area. (District III) DATE': February 24, 2004 PAGE 2 II. Surety Band Band Company: National Fire Insurance Co. of Hartford Bond Number and Date: 929 299 651 December 15, 2003 Performance Amount: $139,200.00 Labor&Materials Amount: $70,300.00 Principal: Shapell Industries of Northern California, a Division of Shapell Industries,Inc. NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement(Right of Way Landscaping)is APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2004/88 SUBDIVISION AGREEMENT {Right of Way Landscaping) 63) (Government Code§66462 and§6641 - . Subdivision: 8683 (Neighborhood 11)_ Effective Date: Subdivider: Shapell Inzfustrles of Northam California. Completion Period: 1 year A Division of Shand Industries, Inc. THESE SIGNATURES ATTEST TO THE PARTI S'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: Maurice M. Shiu, public Works Director ShA2911 Industries of Northern California. A Division of Shaaell Industries, Inc. (print name&title)1 Y 1 i 1;C7( �1 iG 'i��ICtt?tr RECOMMENDED 40h APPROVAL: ,1 By: `(signature) in En e n �{prfnt name&title) .ri ; C Vit,Ukd fl,r FORM APPROVED: Victor J.Westman,County Counsel (NOTE:All signatures to be acknowledged. If Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"Coup ,"and the above-mentioneduubdiAder,mutually promise and agree as follows concerning this subdivision: z. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private),drainage Improvements, signs, street 11 hthtss, irhydrants, landscaping, and such other Improvements (including appurtenant equipment) as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and Improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code§§66410 and following),in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder•, and where there is a conflict between the improvement plans and the County Ordinance Code, the stricter requirements shall govern. 3. IMPROVEM,ENT SECURI"T"Y. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code,provide as security to the County: A. For Performance ang Gug1rantse: $1,400 cash,plus additional security,in the amount of$122,200 which together total one hundred percent(100%)of the estimated cast of the work. Such additional security is presented in the form of: -Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For ayment: Security in the amount of$70.300,which Is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: ______ Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6, "Acceptance%of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense, any defects in said work. system. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants.Said plant establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement pians for the work are adequate to accomplish the work as promised In Section 2 and as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any respect,Subdivider shall snake iivhatever changes are necessary to accomplish the work as promised. 7. NO WAVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement-by any officer, agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement;or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,officer-s,agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred orthreatened because of actions defined be€ow,and Including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement In this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdvislon,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this A%reement, and subsequent extensions, or falls to maintain the work, the County may proceed to complete acid/or maintain the wonky contractor otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection, surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally, 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. Aw:lap GAGrpData\EngSvcWava\Gate Ranch Phase 218683(N11)\8683 Landscape Impr.Agreement.dnc Rev,May 18,2001 �=rz CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of =.D f_C�"I'\3 On i . before me, F date Name and TRIe of Officer(e.g.,"Jane Doe,Notary Puck") ' personally appeared .arr* -f•- �, s tti;k . ,E C. ' ` Y�i Nama(s)of Signers; personally known to me proved to me on the basis of satisfactory ry evidence to be the person(s) whose name(s) Ware WIh subscribed to the within instrument and acknowledged to me that+mge st they executed Cr3MMISskxt# 1318697 [ the same in 44siiw/their authorized NotwV Public-CaWomia � capacity{les}, and that by *isfherltheir Swat Ck COU*4. signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. UlI,ITNESS my hand andoff s al.,., Signature of Notary Public OPTIADMAL Though the information below is not required by late,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document �•f L " ! � Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: ndividualTop of thumb here Corporate Officer—Title(s): ❑ Partner—❑Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representingti 0 1999 National Notary Association+9350 De Soto Ave.,P.O.Box 2402+Chatsworth,CA 91313-2402+www.nafronafnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 DEPOSIT PERNIift OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA ' TO THE TREASURER. RECEIVED FROM ORGANIZATION NUMBER (Par Cash Collection Procedures see County Administratoes Bulletin 105.) DESCRIPTION FUND/ORG TASK OPTION ACTIVITY AMOUNT $ < L r .- �• rte• C" }JL—r { )t� t I I I I I I I I f 1-6 12 3 r� R.A '7 V ,„� '� i "! "/': l..�t�". .f /"7%•! ..?/'w ) r.�f •� t-'.,1.1 f / t .!'"" �Jq J/I �� ..�_ ... i ;� �',r 'r 7 g ��..:s`Y t'Jt ....,'--.lr (.• ,>G;:'..-�� �� `lt��rc�,,j i 14".., J. -y ^1 s"l}" j,�! { .�ft7''�� � t j..` 'Y t. ;r / f t, (��/�;7`�, {..' � �" �l���✓" �tE� 1 `.•!C.•"!..-7 }C`.�',—' t r• w( lr .....J.J I ,t a .✓ f! .,..a:zx I`f. 4 Y' }.. }n..j rj �( }.""t EXPLANATION: TOTAL $ j Al, <� DEPOSIT '(14 �} + Deposit consists of the following items COIN and CURRENCY 1 r CHECKS,M.O.,ETC. $ ~�!t• {_ r>'3 �. ? / BANK DEPOSITS j' t f`OR AUDI OR-CONTROLLER USE OKY t Lrt r y, f77t r f 1 K�, ! /' P DEPOSIT PERMIT ©P 7 ff l '� .i �i :�' NUMit } DATE11 JAK . 4 ASSIGNED �' i�{rct • i { _s� ,ir � a '� 't71 �ic.,� 1 1 ,. li.�' ��, fC.�.�t,. The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby dep !sit into the County Treasury. acknowledged. nedi' , SF r ct s 1 `�Date i 1( f /� g '/ /r Sj a.-Q 4aV "r It Signed: Title.1.t.,'. , r t v- f:. +-d r /EXT. :: yc{ jj' Deputy County Auditor Deputy County Treasurer D-34 REV.(7-93) 21 <; ffjjj {i+II�JJ 0649-9665 / 831000: 61122368, $6,010.030, PA 0912, Landscape Improvement Plan Review, Shapell Industries of Northern California, 100 N. Milpitas 'Blvd. Po Box 361169, Milpitas, CA, 95035 0649-9665 / 831000: 61122370, $9,800.00, Sub 8683, Landscape Inspection beposit, Shapell Industries of Northern California, 100 N. Milpitas Blvd. Po Box 361169, Milpitas, CA, 95035 0649-9665 / 831000: G1122372, $6.780.00, DA 0032, Improvement Plan Review, Windemere BLC Land Company LLC, 3130 Crow Canyon #310, San Raman, CA 94583 0649-9665 / 831000: 61122375, Spencer Construction Company, 1104 Dennis Ct., Rodeo, CA 94572 $2,215.00, Improvement Plan Review Deposit $500.00, COA Compliance Check 0648-9140 / 812100: 61122300, $5,460.00 BW DA 104 Reg., City of Brentwood, 708 Third Ave, Brentwood, CA 94513 9198-0800- G1122370,;$1,406,00,. . Sub 8683, Landscape Cash Bond, Shapell Industries of Northern California, 100 N. Milpitas Blvd. Po Box 361169, Milpitas, CA, 95035 d� Subdivision: MI, 3#orhood 11,Cornerstone,Gale Ranch It Bond No.: 929299651 Premium: $1,044.00 IMPROVEMENT.ftcuRITY BOND FOR PvBLIc RIGHT OF WAY L.ANDscAPE AGREEMENT (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. MCrI'A.L Qr SUggtytsioN A2UEmi;NT: The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related improvements in Subdivision es3'Ne4gttborho as specified in the Subdivision Agreement ht of Way Landscaping), and to �siona.�alP ii �' �g y complete said work within the time specified for completion in the Subdivision Agreement (Might of Way Landscaping), all in accordance with State and local laws and nilings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. Oi LzUA"I0N*. Corp,as Princ p*axl NAIUMat_Pire insurance Company of Hartford ,a corporation organized existing under the laws of the State of CT , and authorized to transact surety business in California, as Surety,hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance and Guarantee: One Hundred Thirty Nine Thousand Two Hundred Dollars and 00/100 Dollars($ 139,200.00 )for itself or any city assignee under the above County Subdivision Agreement, plus B. Payment. Seven Thousand Three Hundred Dollars and 00/100 Dollars($ 70,300.00 )to secure the claims to which reference is made in Title XV (commencing with Section 30$2) of Part 4 of Division III of the Civil Code of the State of California. 3. CoNDMON: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city assignee), its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee)in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors, subcontractors, laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment hrsurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees,including reasonable attorney's,fees, incurred by County(or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition 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 shall relieve any Surety from liability on this bond, and consent is hereby given to make such alteration without further notice to or consent by Surety;and the Surety hereby waives the provisions of California Civil Code Section 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken. SIGNED AND SEALED on december 15 2O03 Shapell Industries of Northern California,A PRINCIPAL:Division of Shapell Industries,Inc.,a Delaware Corp. SURETY: National Fire insurance Company of Hartford Address: 100 North Milpitas Boulevard Address: 5620 Canoga Avenue, Suite 2001 City: Milpitas „Zip: 95035 City,WocodlaFnd Frills Zip: 91367 �' '. t Print Name: Pamela L. Stocks Print Name: ,�� /i t�- ___ Title:! - Title: Attorney-in-Fact By: Print Name and Title: r`c fil n it:: .'':C c - i( t'}I`l _- (=`:`i` ` :mw £ 1lFwSI\SHARDAT.A\GtpData\EngSvclF \BN WORD\BN-I2A.dOC CALIFORNIA ALL.-PURPOSE ACKNOWLEDOMENT State of California y (" Ss. County of _. E 1j£1- Y r On before me, D01 ' Nama ana r6a of comer(e.g,'Jane Doe,No�q Ptdit-) personal#y appeared �� ��� a�..�..s�-�r.\G. 1;�c�. �.��. h Name(a)of Signer(s) personally,known to me 0 proved to me on the,basis of satisfactory evidence to be the person(s) whose name(s)--isfare ' subscribed to the within instrument and acknowledged to me that4, they executed JAN tKRUSE� the same in 4►i�their authorized 131807 capacity(ies), and that by 4W4e#their Notwy pubkc-C� signature(s)on the instrument the person(s),or 3cr+irt Clara Cot1My the entity upon behalf of which the person(s) WCor 6011" , acted, executed the instrument. 1NITNESS my hand and officia seal. Signature of Notary Public ,'s Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: ,. t)t 1_77"(A Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: 'Cd(vidua# E ^s t \ Top of thumb here orporate Officer•—Title(s): Rte, \Q. S l_ El Partner Il Limited El General 11 Attorney-in-Fact 0 Trustee 11 Guardian or Conservator ❑ Other: Signer Is Representing: 01999 Nattonel Notary Association•9350 6e Soto Ave..P.O.Box 2402•Chatsworth,CA 99313.2402•www.nationatnotwy.org Prod.,No.5907 Reorder:Cab Tofi-Fres 5600.676-6627 State of CALIFORNIA County of LOS ANGELES On December 15 2003 before me, Sandy Hanner-Notary Public Date NAME, TITLE OF OFFICER.,"JANE DOE, NOTARY PUBLIC" personally appeared Pamela L. Stocks NAMES)OF SIGNER(S) ( } personally known to me-OR- (_.. ) proved to me on the basis of satisfactory evidence to be the person(a) whose name(4 ishuexsubscribed to the within instrument and acknowledged to me that MidshettM executed the same in isWherlltt li authorized capacltyoeee and that by N/herl#" signature(s) on the instrument the person(S), or the entity upon behalf of which the person(14 acted, executed the instrument. Il......�r►Ilrr...w.+. �Ar1y WITNES my hand and official seal. SANDY HM ER Cc�msniSsIO i� _ 41362167 [ .s Notary Pubk-C�0MI& 113Nr URE OF NOTARY Los Angeles comfit E " 2W* 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, CAPACfTY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT {_... } INDIVIDUAL CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT 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) National Fire Insurance Comoanv of Hartford SIGNER{S} OTHER THAN NAMED ABOVE o-ro7c7e.B POWER OF ATTORNEY APPOINTING INDWMUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation(herein called"the CLIA Companies"), are duly organized and existing corporations having their principal offices in the City of Chicago,and State of Illinois,and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Pamela L Stocks,Beverly A Hall,Sandra V Harmer,Individually of Sherman Oaks,CA;their true and lawful Attomey(s)-in-Fact with full power and authority hereby conftrred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind than thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their corporations and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reversers hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be hereto affixed on this 14th day of October,2003. Continental Casualty Company tyo"aWcA National Fire Insurance Company of Hartford tc American Casualty Company of Reading,Pennsylvania AXY 31. SEAL mi qS tool • Michael Gengler Se - Vice President State of Illinois,County of Cook,ss: On this 14th day of October,2003,before me personally came Michael Gengler to me known,who,being by me duly sworn,did depose and say; that he resides in the City of Chicago,State of Illinois„that he is a Senior Vice President of Continental Casualty Company,an Illinois corporation, National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation described in and which executed the above instrument;that he knows the seals of said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said corporations and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said corporations. 0-0G3FFICIAL SEAL a fLtZA PRICE Noruw ausue,VAT*aF xaw+oat w tae:Daman My Commission Expires September 17,2006 Eliza Price Notary Public CERTIFICATE I,Mary A.Ribikaw",Assistant Secretary of Continental Casualty Company,an Illinois corporation,National Fire Insurance Company of Hartford,a Connecticut corporation,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania corporation do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the.Board of Directors of the corporations printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said corporations this 15th day of Decwbet 03— Continental Casualty Company ty Q` National Fire Insurance Company of Hartford ore ,r ►n►rria American Casualty Company of Reading,Pennsylvania ' #KY It. tag? 'r"1" ��' • �„ � Mary A.qikai6kis Assistant Secretary Form F6853-1112001 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article IX—Execution of Documents Section 3. Appointment of Attorney-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Group Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thererto. The Chairman of the Board of Directors,the President or any Executive,Senior or Group Vice President or the Board of Directors,may,at any time,revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17a`day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 3 of Article IX of the By-.Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the Board of Directors of the Company. "Article VI--Execution of Obligations and Appointment of Attorney-In-Fact Section 2. Appointment of Attomey-in-fact. The Chairman of the Board of Directors, the President or any Executive, Senior or Croup Vice President may, from time to time, appoint by written certificates attorneys-in-fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature, Such attorneys-in-fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Executive,Senior or Group Vice President may at any time revoke all power and authority previously given to any attorney-in-fact." This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17"day of February,1993. "Resolved,that the signature of the President or any Executive,Senior or Group Vice President and the seal of the Company may be affixed by facsimile on any power of attorney granted pursuant to Section 2 of Article VI of the By-Laws,and the signature of the Secretary or an Assistant Secretary and the seal of the Company may be affixed by facsimile to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed and sealed shall,with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following Resolution duly adopted on February 17, 1993 by the Board of Directors of the Company. "RESOLVED: That the President,an Executive Vice President,or any Senior or Group Vice President of the Corporation may,from time to time, appoint,by written certificates,Attorneys-in-Fact to actin behalf of the Corporation in the execution of policies of insurance,bonds,undertakings and other obligatory instruments of like nature. Such Attomey-in-Fact,subject to the limitations set forth in their respective certificates of authority,shall have full power to bind the Corporation by their signature and execution of any such instrument and to attach the seal of the Corporation thereto. The President,an Executive Vice President,any Senior or Group Vice President or the Board of Directors may at any time revoke all power and authority previously given to any Attorney-in-Fact." This Power of Attorney is sighed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17o'day of February,1993. "RESOLVED: That the signature of the President, ao Executive Vice President or any Senior or Group Vice President and the seal of the Corporation may be affixed by facsimile on any power of attorney granted pursuant to the Resolution adopted by this Board of Directors on February 17, 1993 and the signature of a Secretary or an Assistant Secretary and the seal of the Corporation maybe affixed by facsimile to any certificate of any such power, and any power or certificate beating such facsimile signature and seal shall be valid and binding on the Corporation. Any such power so executed and sealed and certified by certificate so executed and sealed,shall with respect to any bond or undertaking to which it is attached,continue to be valid and bidding on the Corporation." :??^64tii�'fiJMNM,.5Wi{K{(fXIXKK AC9G.4KSrf.{nrftx{!Wn ........ f.. ::::. .rw { XM{{r f ..:..A iMnYG44X{.W f x{vv i - .r,+{{r ......... .{rXIXy {r rHfrx ......... .xrX� ..{r.. .......... NQTjQE In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this disclosure notice for bonds and certain insurance policies on which one or more of the Writing Companies identified below is the surety or insurer. To principals on bonds and insureds on certain insurance policies written by any one or more of the following companies (collectivdly the "Writing Companies") as surety or insurer:Western Surety Company,Universal Surety of America, Surety Banding Company of America, Continental Casualty Company, National Fire Insurance Company of Hartford,American Casualty Company of Reading, PA,The Firemen's Insurance Company of Newark, NJ, and The Continental Insurance Company. W'Irl . SRUL4FPR MM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.04). DjaQLD311RE OF FEDERAL PART! N Ly "r The United States will pay ninety percent (909/6) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 . . ........................................................................................................................................................................................................................ ........ ..._._... ......... ......... ......... ......... ..._........ . ...._.... ..._..... ......... ......... .................... Recorded at the request of: Contra Coma County Board of Sapetvisois Return to: Public Works Department Engiueering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 24, 2404, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/89 SUBJECT: Acceptance of Grant Deed of Development Rights, for Minor Subdivision 9-03, being developed by Stephens M. Spragens and Laura Jane McEvoy, Martinez area. (District II) f IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: = INSTRUMENT: REFERENCE.- GRANTOR: AREA: DISTRICT: Grant Deed of Minor Subdivision 9-03 Stephens M. Spragens Martinez II Development Rights and Laura Jane McEvoy I hereby certiA, that this is a true and correct copy of an action taken and entered on the ininutes of the Board of Supervisors oil BA>B nn the date shown. G'G 1iData EngSvc$O'^_(N,tV i?_?�-i i 3'ti iS 9-03,BO-27 doc Originator: Public l orks(ES) Contact: B Balbas(313-2"234j AT'T'ESTED: FEBRUARY 24 .2004 Recording to be completed by Title Compass}' JOHN SWEETEN.Clerk of the Board ofSupen3sors and County cc: t:unent Planning.Conimunir%-Developmtnt Stephens A1.Spragtns and Laura ane\ic Evm Administrator '1445 Alt.Diablo Blt-d, Latmeut.CA 945.49 BY: DEPUTY RESOLUTION NO. 2004/ 89 Rtcorded at the request of: rj Contra Cosu County ,,► Board of Supervisors Return to: Public Works Department Engineering Services Division Records Section Area: Subdivision: APN: GRANT DEED OF DEVELOPMENT RIGHTS To meet condition(s) of approval number 27 , of MS 03-0009 , Uwe, Stephen M. Spragens and Laura Jane McEvoy (Owner(s)) hereby grant(s) 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 of Subdivision MS 03-0009 ,situated inthe 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 approve or disapprove of any proposed construction, development or improvement within the areas marked "restricted development area."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 proposedconstruction 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. Any owner or owners of all or any portion of said property desiring to develop any improvement requiring the approval of Grantee,or successor,herein shall submit to such entity a written proposal describing the nature, extent and location of such improvement. Grantee, or successor, shall have sixty(60)'days from receipt of such proposal in which to grant approval or disapproval. Failure by Grantee, or successor, to respond in said time period shall be equivalent to the approval of such proposal. The undersigned executed this instrument on g1l 149q (mc) (sigroture> L {Prise n 7¢iflc) StrM. /Sj (5ignazure) (Prins turn a, �� Laura Jane McEvoy (See attached notary) G.1GryDau E.ngS.cYLisaTo—Rc, ioasiDE-l.doc Jia lad Re'Y.DCibbCi'9,:�1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of Ni-'I F-mN t A OPTIONAL SECTION County of MYT11A (�Q� ' CAPACITY CLAIMED BY SIGNER on 9 014 before me, F46&J Huq hQt fAWO PUrblg_ Though statute does not require the Notary to fill in "DATE NAME,TITLE OF OFFICER B.G.,*JANE DOE.NOTARY PUBUC' the data below,doing somay prove invaluable to persons relying on the document personalty appeared S1� sp ❑ INDIVIDUAL N s}OF SIGNER(S) e personally known to me-OR-0 proved to me on the basis of satisfactory evidence t0 ❑ CORPORATE OFFICER(S) be the person(s)whose name(s)is/am UTLE(s) subbed to the within instrument and acknowledged to me that he/shc/they executed ❑ PARTNER(S) O LIMITED the same in his/her/their authorized ❑ GENERAL capactty(ies),and that by his/her/their ❑ ATTORNEY-IN-FACT * �/{}�, ' iUNAR srgnature(s)on the snsmimett the person(s)or ❑ TRUSTEE(S) COMM.# 1420389 the entity upon behalf ofwhich the persons) Js�sacted,executed the instrument. ❑ GUARDOTHER:AN/CONSERVATOR > - NOTARY PUBiIC-CAUfpRP11A � ❑ OTHER: CONTRA COSTA COUNTY K} r COMM.EXP.MAY 2d,�(}OT� WITNESS my hand and official seal, SIGNER IS REPRESENTING. f NAME Of PE7M"S)OR 04 TfY(tES)i I AT Rt?VF NOTARY OPTIONAL SECTION t�z, THIS CERTIFICATE MUST HE ATTACHED Title or Type of Document i�'�� � +V' ���f tr-7 TO THE DOCUMENT AT RIGHT. Number of Pages I Through 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. IT. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be statea. 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 Uocunments s ou be signed y two officers,one from each of the following two groups: GROUP 1. Na, air of the Beard {( })The President c Any Vice-President GROUP 2. a The Secretary An Assistant Secretary C The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney, notarized, will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." Jc:mw \XPWS415FIARDATA\GrpD,itslE.@SvtlForn %WORD FORMS%&LL PURPOSE NOTARY.doc Rev.August 1,200t ...............I.''..,....... EXHIBIT A RESTRICTED DEVELOPMENT AREA (CREEK STRUCTURE SETBACK) LEGAL DESCRIPTION REAL PROPERTY SITUATED IN AN UNINCORPORATED AREA, COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: ALL OF THAT AREA SHOWN AND DELINEATED AS "RESTRICTED DEVELOPMENT AREA" (CREEK STRUCTURE SETBACK LINE) ON THAT CERTAIN PARCEL MAP OF SUBDIVISION MS 03-0009, FILED --------------- 2004, IN PARCEL MAP BOOK AT PAGE IN THE OFFICE OF CONTRA COSTA COUNTY RECORDER. m m N0.2M EXP."-07 WL OF ...................... ........ THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 24, 2004,by the following vote: 41- 02/ AYES: SUPERVISORS GIOIA, UILKEMAA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO, 2004/ 90 SUBJECT: Approval of the Parcel Map for Minor Subdivision 9-03, being developed by Stephens M. Spragens and Laura Jane McEvoy,Martinez area. {District II} The following document was presented for Board approval this date: The parcel map of Minor Subdivision 9-03, property located in the Martinez area, Supervisorial District II, said map having been certified by the proper officials; Said documents were accompanied by: 1. 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 that the 2004-2005 tax lien,which became a lien on the first day of January 2004, is estimated to be $9,600.00. 2. Security to guarantee the payment of taxes, as required by Title 9 of the County Ordinance Code,in the form of a Confirmation of Time Deposit dated February 17, 2004, issued by Mt. Diablo National Bank with Stephens M. Spragens and Laura Jane McEvoy as principal,in the amount:$19,500.00,guaranteeing the payment of the estimated tax. NOW, THEREFORE,THE FOLLOWING IS RESOLVED: 1. That said subdivision,together with the provisions for its design and improvement, is DETERMINED to be consistent with the County's general and specific plans. 2. That said 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. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Originator:Public Works(ES) Supervisors on the date shown. Contact: B.Balbas(313-2284) BMB:nn ATTESTED: FEBRUARY 24, 2004 G:\GrpData\EngSvc\BO\2004\02-24-04\MS 9-03 BO-14.doc cc: Current Planning,Community Development JOHN SWEETEN, Clerk of the Board of Supervisors and Stephens M.Spragens and Laura Jane McEvoy County Administrator 3445 Mt.Diablo Blvd, Lafayette,CA 94549 Mt.Diablo National Bank By ,Deputy 155 Diablo Road Danville,CA 94526 RESOLUTION NO.2004/. 90 William J.Pollacek Treasurer-Tax Collector's ontra County Treasurer-Tax Collector 625 Court Street Costa Finance Building,Room 140 Russell V.Wafts P.O.Box 631 County Deputy Treasurer-Tax Collector Martinez,California 94553-0063 Joslyn Mitchell (925)646-4122 {925}957-2898FAX Tax Operations Supervisor Dater 02/1711" 1F THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R & T CODE 2608) THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# City Tax Rate Area 03-0009 MARTINEZ 76003 PARCEL#036-211-001-2 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 2004-20015 tax lien, which became a lien on the first day of January, 2004 is. $9,600.00 This tract is not subject to a 1915 Act bond. The amount calculated is void 45 days from the date of this letter, unless this letter is accompanied with security;Approved by Contra Costa Tax Collector. Subdivision band must be presented to the County Tax Co/lector for review and approval of adequacy of security prior to ding with the Clerk of the Board of Supervisors. William J. Pollacek Treasurer-Tax Collector By: s eputy WHEN RECORDED MAIL TO: CHICAGO TITLE COMPANY 6120 STONERIDGE MALL RD.STB 170 PLEASANTON,CA 94588 DISCLOSURE STATEMENT The undersigned, as owners of the property described as follows: Parcels A and B as shown on the Parcel Map for Subdivision MS 030009 filed , in Parcel Map Book ,Page , Contra Costa County Records. Notifies all persons and/or entities acquiring an interest in said property that the following conditions and/or restrictions may exist on said property. Compliance with said restrictions and/or conditions are the responsibility of all future owners,successors and heirs,hereafter referred to as "owner". 1. This document shall serve as notification that you have purchased land in the agricultural area where you may regularly find farm equipment using the local roads, farm equipment causing dust,crop dusting and spraying occurring regularly,burning associated with agricultural activity,noise associated with farm equipment and aerial crop dusting, and certain animals and flies may exist on surrounding properties. This is, again, notification that this is part of the agricultural way of life in the open space areas of Contra Costa County and you should be fully aware of this at the time of purchase. 2. If any significant cultural materials such as artifacts, human burials, or the like are encountered during construction operations, such operations shall cease within 10 feet of the find,the Community Development Department shall be notified within 24 hours and a qualified archaeologist contacted and retained for further recommendations. Significant cultural materials include,but are not limited to, aboriginal human remains, chipped stone, groundstone,shell and bone artifacts, concentrations of fire cracked rock, ash, charcoal, shell,bone and historic features such as privies or building foundations. 3. Prior to obtaining a building inspection department permit for construction, each parcel shall have an "on-site"producing water well or a"test well"shall be installed with a minimum yield of three gallons per minute with bacterial and chemical quality in compliance with the state standards of a pure,wholesome and potable water supply(Title 11, Section 6443). If the chemical analysis exceeds the state standards for"maximum contaminant levels", for water potability, a statement must be attached and "run with the property deed"advising of these levels;or The project sponsor shall have verifiable water availability data from adjacent parcels or knowledge of the same, known by the Health Services Department concerning water quality and quantity per above. 4. Prior to the issuance of building permits,the property owner will be required to contribute to the County$1400.00 dollars per residence for Police Service Mitigation. The fee may be paid to Contra Costa County Application&Permit Center. 5. Development on Parcel B shall be confined to a two-acre home site. Horne sites shall be kept off of ridgelines, and shall be subject to review and approval of the Zoning Administrator. This should be indicated by a note on parcel maps and shall be a deed disclosure to all further buyers of lots. The areas outside of the home sites shall be placed in a scenic easement that will allow for the construction of agricultural related structures only. 6. Before Issuance of Building Permit for Parcel B,owner shall provide public work with evidence of adequate site distance at all driveway intersections with Pereira Road for a through traffic design speed of 30mph. This Disclosure Statement shall be attached to and run with the deeds to the lots designated on the herein-described real property. V y bate: :;k21& t Stephe �Sf �/ V J Date: /`) /� - Laura ane McEvoy See attached notary CAUFOP341AALS.-PUk 'C')5 ACKIt�► D�GEMENT S ae or orraoa AL SECT t Cawstty of ._ C",kc "!/CLAS BY SYCHM beffirUto to DATE rrnw,iarsaas ' t4s ia�bei�1�:+1r trt*rc rta.6ir tis txur�vt ��1�� �Q� S +�-1.14�+1"lA �t1'��� was reb�toa the araaieent. c necknDuA. tt t tun a,me.est-c t ser an Bre bari;� porra+nidaarrs 0 "OFA =IVID too ID VW dal bubb"Ay ca=Md n PAXnAMM t.trMED >tBmmainhwh~00046=6 " GEREPAL sad*A by t: ATTOKMY-M-PACT MAY MUNAR *)o'"' �` 0"c;)°t 0 TKUSTEW NOTARY PUBLIC-C, '"�° muaaaod Brie a OTHM- CONTRA COSTA COUNTY 0 VnTi"t�3S my tawd 00QW/iM sort, 9COMM.EXP.MAY 26,2(X37a+ SitNtr>Ftis USNOTOW1. it tlt TKNAAL39GlM TFW cERTIMArt:ML%Tearn»TActtsn IkkaToe y� TO TM DOCUJUM AT RIGUT. rtdea ber e(P ft" d` r�) Thwgh�da i�rtaw is nai:aga9�od br�*►.��pw+�e�aiwbtc mbe od'i7e�max._....s�.t.1-4 p w pemncs retying m an dacamaataad aoatd Wavast kaodulad SwmO)01barTh-Y'and Abv" re4mod"Wr Oe"iii NMI MONS M NOTAII The following ir4o nwSon is,provided in an effwt to expo&tae procesapt of the documents. 5igrratu res rcquucd on docut ents must comply with the fotlo*ttg to be acreptabte to Contra Costa Coanry. I. FOR At `The name aid interest of the signer should be typed or printed REMTH the signature. The name must to sign exr y as it is typed or printed II _Z T6 imine must be sigaserl exactly as it is printed or typed The signer's iutcrest in the property must be SUM. III. i,� Q,� S-Si ping party must be either a general parmar or be authorized in writing to have an rxty sign for w prrh�. IV. � Dots be signed by two omcers,one ftom each ofdw following two groups: GROUP I., {a IU Clair of the Board {is The PreWcu {{c Any'Vice-Ptcsidont GROUP 2. {a The Secretary sxa s tib An Vtaw" y mania Officer E The Assistmt'fnasurer If signatures of suers froni each of the above two groups do not appear on the instrumW, a cer med copy of a resolution of the Dohadrd of Directors�$>�rbor g the tnstriumt to execute irAtramients of the type in question is required.A currently Notarization of only one c crate siplittme or signam es korn onlyy one group,must contain the following phrase: ....and acknowledged to me That such corporation executed the wit�tin iaserument pursuant to its by-laws or a resolution of its Board of Directors." a+X 1V'W&► A'fAKi►V�+tN^tS��or��WD9tDFUB+}S1AL1.ItJkt0S6 t�i'NtY.doe i{'k�t7"l+�1Er TOTAL. P.01 Y7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT stweof Q; OrTIONALSIX"TION County of (—\ 001i }- CAPACITY CLAMED SY SIOvER' � BQTbo#O stadcte does not «the)tions rY ac ON is trKrswa,mus or WTICARSO.,17AM W11,14MAY nX11c* the data below,doial so may prove lavatuabit to par ty spptssra# t c�i i + $:t k ;4 I _L persons retyw on the document. SDttttt / C INt3I'stIDUAL td"pesaomlly imowm to me•Oft-0 pTvmd to rm on the basis of sat slaawy evidence to G CORI RA a OMCM(S) bo » (c)"hot hotn191114"* ,.t= tbotheMthrln3uaet and aclotowtedgod to me that ha'sitetthn3'exoeutW 0 PARTNI'WS) 0 LIMiT'£D .w...,r. .r��.......,...., the SsTikS in hitt "r sudiAr'ized .T GENERAL t�aacity(fes3.and that by hiA v/du6r R wTtt?ftNP,Y-tSt•t'ACT MAY MUNAsid AVM(s}attthelnsoUfflenttheltet�sson($)or C TRUSTEI(S) COMM.d 14213389 the txttfty tgwn bthaif Of which the pason(s) 0 C,KUST S(S) WSBRVATC3R NOTARY PUBLIC-CAUFORNIA Qa acted,ezecutaf she fnsntntnt. 0 CONTRA COSTA COUNTY 0 OTHER - COMM.EXP.MAY 26,2007 r y hard and official Sl(;ltitilR!S UPR£SEtw I LNG: Y 1 t WAX6 g«pfiltSWS)CAt&NMY(WO) , of wwy ._ OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Documrnt To THE DOCVMP14T AT RIGHT, Number of Pages Though&o data below is not required by law,it easy prove valwbic Date of Dc UMM w pets=rem on dtc document gad couid ptevent fraudulent Signers)Othar'Than Named Above rc attsehsercnt ofthis form _ IN;4'i' ICTIONS Til NOTARY The following information is proviticd in an effort to expedite pracessiaag of the documerits. Signatures rcgturcd on documents must comply with the following to be acceptable to Contra Costa County. I. Ft ',ALL =, Tru mama and interest of the signer should be typed or printed the signature. The name must a signed auctty as it is typed or printed. I;. Tho name mu*t be aigacd exactly no it io printed or typed, The,aigner'a irttcrcat in the property MUSt be state Ill. the „thority to FO In pS S=�r�g party must be either a general partner or be authorized in writing to have IV. M ocuurticnts Shoulti be signed two officers,one from each of the following two groups: GROUP l. (a}'Thr�CbAir of the Board The President e Any Vice-President GROUP 2. �a, rhe Sectcury t{bb All ASSis tam tcrcta7__ryy c The Chief Financia!Officer (d)The assistant'freaattrer If signattnres of officers front each of the above two groups do not appear on the instrument, a certified copy of a resolution of the vBoafd fDi of a rs aui authorizing ,�€+ piing the instrument to execute insotttmcn[s of the type is outs iosr is required.A ettrrsntTy e. Notarization of only one corporate signature or signatures from only one group,inust contain the following phrase: Dir" and acknowledjzed to tau that such corporation execrated the within instrument Pursuant to its by-laws or a resolution of its Board of ectors," titW5s�1t+VCDATA�Drutign}tvaV'arnaaNtfl4SDFt?RMStiAiI.WltlOS6t�YrAttY.doc TOTAL P.01 COi -IRMATION OF+TIME DEPOSI' Flnanclal waff#ti ora f&Djablo Nafioaal Hwnh•part sof Oraaatar Say blank N.A.,Damrgis eft* www mldWwat(dtfaSlit*xorn,156 IXt Road,J)"le,CA 04M Nurtaheu: Accountmarr►at RIEPHEN M SPLA EIS COD PLEDGE TO CONTRA COSTA 9SHttN:W-82-7604 LINTY TAX C,QLLECt7# owt+tl ltfW'f'tf O Totten Trust Asx enrt Ntamber s fats obit Term maturity o 01724087 Febfvary 17,2004 $8,81'8 OO 448 t}ays M4y 10,2006 Rate bftnrad Qnl This Aoo*ur t is an interest bearing amount. 'Che Interest rate paid on the entire balenc*in the arcmu nt will be 0.95% with an >etovw for "yield Of 11.9596. 'Thee Interest rats and annual peroantaga yield WN not 0"for the Mm of the amount The i nfereet rat*sag be in affect Unit May 10,203. Interest be**to atoorue on the busktasss day you deposit menorah bm(for*xvr dQ,chart). tret+aract will be 00fnpW nd6d dally and will be credited to taut aors tint rnori hfy, kilsreet on your so0our t will be credited by adding the interest to the p t kW. The MrAW Parc*n1804;yield assurruas intaarW wig romekt on depoO wO mduriity. A wieedrawal will r+aduae ea fnimp f1slanot Inforrtwabom We use 1ha deify balanus tnaftd to calculus the lniorcct on thea aooc+unt. Tale:moltiod a�plles a ddy perlodle tato to the rmindX*w in to t nurn balance lte ammunt each obtain the each day. We wfO us*an interest socrual basis ctsoloved annual parcereiaor 306 In geyield.for�tcts cigy In the year. You moat tnattt6ah a Limitations- You must deposit SUM-00 to open this account You may not make additional deposits Into Oft amount. You they not maks witixtraswaie from your amount tirttil the maturity daft. 'rime Aocount tadarmaftn: Your amount Will malure on May 10,20043. It you wft Wmw any Of the principal WOre 1116 ntatuflty may knoo" a penalty of ltte foiknwing based on the amount wldidm um and the kftr t ratio paid On that date: fr Yoatr a gzft will tw: , Less than 30 daya Ali ate#lteranrt 3ltat would hav*been owned during the tont } 30 to$44 dayer g0 clays'interest 12 months or mom ISO days'inl ar of �` +• Wer will use at eknple kttereed boom to calculate the penally. Depending upon the amount you wandraw,your 00' to funds have been in the CO,'4'ts Wally rnsy reduce the prinalpal in your somunt. This amount wil aUtCtrtaZt08diy tett ve 1f 22 tautest depending uport than term Your VM gg Of amowt. date only 30 to 364 10 Uoss tian 30 do" � the maturfly date 12 maflata or metre 10 days pl>sa the maturity date We will extend your CD's grsoo pedod one business day N the 10-day grace period ends on a non-bua�day or 0 your CD has a tarot of lose than 30 day*and The maturity dents falls on a noir-business day. wwwIty trate and ones Period Can the n*u tty date, your account summatlow renews for a surlier term erahh the interest rasa offered to nom-prorno0onal CDs with the satins amount baianco and term opened that day. `fie rtuaturky date for the previous term Is the &MY10 as ttt* r*lnvostment,dw forthe new t"". on fhefnahafty date and during the graw porlod,If any,you my alma VMi*w furter wltYoA pWng ern catty wM%V&vWFbr Wlthdra 4%'Intorm to pail throughto o Clay prior to ft wlttt£Ifawal, •Reinvest your account by aelpcting a now term or a to wri ou nt on deposit On any day during the grace period flat you make changes to your account,including wittutrawnsis,a new term boons and the grace period ends. 11%r alnveas#rrwrst dater will be the,lmt day of your accou tt'c now dent»and your*mouM weilt earn kftC vat teseed on ttw Interval:rade in+a1<aOt on that data. "Close your 00 without paying an srtrfy wbdreewelN you close your amount during titer gm of period,it continues to earn interest thmuugtt the day prior to cfess rvs. For!baso days,your amount�t t�will earn interest based on the rate avallobta on the teetvestntmt date for CDs with similar ttMArtcee atnd teeters. it,On the Maturity date,the belanoe in your co is less than$2,M.00: *your new interest rate will be the same as the interest rate disaksead on dts gage Chart for our Personal Savings a000um on the date of your OVs rtratuclty you tray be slowed*IIsi ponatty fraea vAthdraws)during ate next torn. tnuwv*t Paymwn Options; You eros rN=$how to eosrlvaa the hsteroat awned on your CD. (t) Allow the interest to remain in your CD.or(�L� 7rrtrtafefer the k!tersest to y d or aavksge aratnctttit set fhb 8ardc or( fte gQ0$t that an intErW peyWM*hook be mulled to you. The crtok wttl be malted to the address we have on tale for your CO account, ff you request an i etereed check for rnore bias one CD,a check will be milled to you for Witch aICcount. AddMonot Rate lydannwfion: A w%xWawai wS mdtm earninp. For regular interest csecift,interest is paid from the first day of the period through Me last day of the pstfed As a remkxlet,you may have up to tO days after ftmaturhy data to w*Wmw funds without penalty. NON TRANSFERABLE-NON NEGOTIABLE � �� ear � 7L�� t a TIME DEP031IT AGREEMENT PER 5t? t. CERTIFICATES (12.17 MONTHS) SmvxCx t3I CSR appreciate y declaion to open a tense account wM tea °t e t sail teeth ow*tn co"WC, aunt rte q�that xis speeft to �"' Aocourst i t sigrtsr arolate ti .a�A sura r �emioratl.Ort vrl#it tFtuW 'the i�sposit ated;,+t1tn,d tows roc keep�►ftufd;Birt ttt� fits�itu��. tftssd A�r�sttasft,#»t+rordsy cur"t+artta"tt'hiosxr�te 1J/�tC�d4Ltr�ttyT7Wpi�.{��y�ywyLlrfj�.,.". .�tt°m�art�tttii �`ACbCttrtt aaP3Cl the YNI" tnMtla'tat'thli iErYt*#�epCba6��r*�Ypritanti tt1C'.wW'L"tF it�pi��.i9e�iL 4i �h r St�#1n wdn�k"irtars�tl ' mount As ell as:#ve,as of Tlua�las Bate srnf ie vailld ars of tris car wo rotisly*rsredtt for stpncsslt this dols+ot dad asfi a�td WB tae taftase. arcs 4t�x'r �*f to opwen�e ACtst f3apes3ts of fcsraign cutraarscy vie ba Ocwsvartad to Us s.loaves MWOM RAM The Interest rate arntuel ra#e of ktierest paid an the Account which dosis not reflect compounder("int*rest Rate'l,and to based upon the irrtaraci�baste aitfnvo. Luntsur thatwe d ACccwM,you rfrraat flat durt`tg lite gratoa pasted atter the iksxhN'�t y iaat�. RARLY V ATHOMWAI.PENALTY. You have agoed t5the funds on deposit u4 the Maturity gate,of your Amount Any wftftwal of sill or part o p a from yaw lad a wmurt pri 'may result in e�aulywithdrawal pertatty. We vriit consider raqu w is far oarty v+rifl wai and,if grantod, Mlnkown Reae;u r ed P*nedt . I yrsu withdraw moe� !(b(pis da after iho date of #t oto bAdtirm irtti� rind ppoennalty a pseven t/1 aaye' sfnot i�on deo withdrawn If pa w a"W �tted w*art►r# 10�s the ivlln Required Pesrusfty on the YasrOwu dew�iywwnitit vat (� atter t w Irs" 'f*early wrf tdra►wetf may be rnores men it*Mfnknum Required Ponaf . }y Meet nae Paean paid,we Isis v%OM s�the pdnc1 f amounthM t ofyor r Arvot oowM t�your Account has curt owned+it�lt interest,or if cilli Page t of 2 u N 11TEMEN M SPRAEeti#Nlt GSD 01.90ft TO CONTRA ` ��1 'ell. TO.p. COSTA COUNTY TAX COLLECTOR OR DATE: Fabrataery 17,2004 ,x r� . 969',7 adT CIA"KV 0 P 345 /'U' % j { fiAFAYtTt'E,CA MO DATE: � /1 r h I f /� t.9 : BOND REVIEWED AND APPROVED CONTRA COSTA COUNTY Cti+9tOlCt+i4l`Copy T 1T�X COLLECTOR BY. 1 Pape 2 of 2 Itaa.�tauis. We��ytsu w#�ftaw# frarrt yt�Aoernlltt ttaexs tits�tatur#iy Dasa n�#!lutut an w#thdntwest paaalttr: {t�w�hen one dr maws of tiwo or deid®rrrtlrtsd t Ulcarrrpetsrrt#ry a court ctr othCr tive trody of srtt jud dr when ahs,4ccdeurtt#s an lttdlsrid AtM�#�IA� tract#� , Z8 ua!�4srtd the rtrdrtey�p�tf wltl�tt ae��� ? cieys sir the Adcds�nt is grace► rE anYt. f�Gfi"f`t��S P. &cd�9ot icahts taw,we rutty axerclss our rl�tt of t3e�off or eeaurt�y interest arty arta 8#1 csc your� sxcspt tRA. Kaogtt pkat a7d�rctst A�ounb�j v�i�tx�tlas tar any or debt of�Y of du,wltsther joint+ar • . rscti wYts� now cr ttereafrar ex�9 and wtfethsr ar#sirre�m a��ctoreernetster, ,toarrs,atetdhrruxtts,gawis� other S. d' i"�courtt�rg jd# aparty a0rtolrnt,earth]tint or rrndtlpts'PsrtY a000unt hdkier autttori�ea uat to exarclse our rlgr c+r esnNl�t any anatl Accourtb of t1 Hoicfmr. 07HM ACtXI<UNT#r ULSL The"fdWMU rules also V*to ttts Acammt. of IttWtdntML Ws mire to end strnxatdsr#h#e Agrearment bu us when you withdraw furldar,tracts# or tides your harrr la a tgo��uyd�r wi"ta#cr re�t�,t of lost Irminn6ht, or o#ter Agreement we may mqt*t,and agree to hod us of Atxeunt>I t0rtir. @aldh Acaaunt Holder air us lmmed#avoty upon the death of any okher Amount Molder. You a+ ee that wo may ttokt Ute furxftt U!ycrta Atxosmt ur►tN we have ret ry re wnerdattan end trettructlom te�rm0r'tY. if ycnr aelc utt t0 rt*' Ir e:atlonaF chat we bwlleue rtugttt a uc to arty ciakrt,Ilpbi?ity or cimn ge9,we may refuse to fallow your tnstrudtions or meg raqutre a ttond ex offer Wit,inokrd#nn yrrttr egreerttsrtt#o tndemt�ty trs. PtVAyc Y clot to your Adoournt w0out our prior oortt oat. You may not w#tWmw funds from your AocouM urtte all obt6�allorta cxurad by year runt are QiWiGre000.vw,an teal tWr:61,YWM1l.HMRal� oe,ka Mtn" At NyNWMA''"CA-CA-tTRTMMO Mt* Diablo National Bank Ran ... vfll �ICe FAX COVER SHEET To: Contra Costa County Tax Co ee or of pages including cover Fax # 925-957-2898 1 , From- Myrna Acosta . ' � p Fax # 925-362-0926 Tei# 925-5524721 RE; Stephen M. spragens Comments: To whom it xnay concern: Enclosed is a confw ion of time deposit pledge to Camra Cassa County Tax cc#for. her, Stephm M. Spra$cns, Phase feel free to call me if you have any question. Thanks. Myr