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HomeMy WebLinkAboutMINUTES - 12202005 - C9 r TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: December 20, 2005 SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 99-08382, being developed by Ponderosa Homes II, Inc., Danville area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RE COMMENDATION(S): ADOPT Resolution No. 2005 for Subdivision 99-08382, approving the Final Map and Subdivision Agreement for project being developed by Ponderosa Homes II, Inc., Danville area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Subdivision 99-083 82 has been reviewed and processed by Public Works staff and meets all applicable conditions of approval for recordation of the final map. CONSEQUENCES OF NEGATIVE ACTION: The final map and Subdivision Agreement will not be approved. '- Continued Continued on Attachment: M SIGNATURE: Kt ''`to`U`� ECOMMENDATION OF COUNTY ADMINISTRATOR , RECOMMENDATION OF BOARD COMMITTEE _PROVE OTHER p' I SIGNATURES ACTION OF BO ON APPROVED AS RECOMMENDED. OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the VOTE OF SUPERVISORS minutes of the Board of Supervisors on the UNANIMOUS(ABSENT ) date shown. AYES: NOES: ABSENT: ABSTAIN: Originator:Public Works(ES) ATTESTED: Contact: Teri Rie(313-2363) EH:rm JOHN SWEETEN, C 1 erk of the Board of G:\GrpData\EngSvc\BO\2005\12-20\SD 99-08382 BO-21.doc cc: Public Works—T.Bell,Construction Supervisors and County Administrator Current Planning,Community Development t T—October 20,2006 \ Ponderosa Homes H,Inc. 6671 Owens Drive Pleasanton,CA 94588 y , Deputy Attn:Scott Youdall The Continental Insurance Company 405 Howard Street,Ste 600 San Francisco,CA 94105 Attn:Paul A.Kitchell THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 20, 2005,by the following vote: AYES: Gioia,Piepho,DeSaulnier,Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2005i 4gk9 SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 99-08382, being developed by Ponderosa Homes II, Inc., Danville area. (District III) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 99-08382, property located in the Danville area, Supervisorial District III, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Ponderosa Homes II, Inc., principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within two years from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors Originator:Public Works(ES) on the date shown. Contact: Teri Rie(313-2363) EH:rm G:\GrpData\EngSvc\BO\2005\12-20\SD 99-08382 BO-21.doc cc: Public Works—T.Bell,Construction Current Planning,Community Development ATTESTED: 1 T—October 20,2006 Ponderosa Homes II,Inc. JOHN SWEETEN, Clerk of the Board of Supervisors and 6671 Owens Drive County Administrator Pleasanton,CA 94588 Attn:Scott Youdall 1. The Continental Insurance Company 405 Howard Street,Ste 600 San Francisco,CA 94105 ,Deputy Attn:Paul A.Kitchell o�4 RESOLUTION NO.2005/ SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 99-08382, being developed by Ponderosa Homes II, Inc., Danville area. (District III) DATE: December 20, 2005 PAGE. 2 A. Cash Bond Performance amount: $10,700.00 Auditor's Deposit Permit No. 449017 Date: August 2, 2005 Submitted by: Ponderosa Homes II, Inc. Tax ID Number: 94-3302531 B. Surety Bond Bond Company: The Continental Insurance Company Bond Number: 929347551 Date: July 29, 2005 Performance Amount: $1,058,100.00 Labor&Materials Amount: $534,400.00 Principal: Ponderosa Homes II, Inc. III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2005-2006 tax lien has been paid in full and the supplemental tax lien is estimated to be $0.00. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. 2po� SUBDIVISION AGREEMENT (Gov.Code,§§66462 and 66463) Subdivision; SUB 99-08382 Effective Date: Subdivider. Ponderosa HomesII, Inc . Completion Period: 2 Years THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER Maurice M.Sh'%Public W s Director jA By: Print Nam RECOMMENDED FOR APPROVAL: Print Title 0 0 T By: L)06pn*nt eSC T 1 & IJAJQA E, AAOkAH Engineering Services"v ion Print 1 CJ4 19-F -P)NA14 C-4 AL, 0 F r----1!9; FORM APPROVED: Silvano B.Marchesl,County Counsel (NOTE:All signatures must be acknowledged.If Subdivider is incorporated,the contract Fu—stle signed by two officers.The first signature must be that of the chairman of the board,president or vice-president the second signature must be that of the secretary, assistant secretary,chief financial officer,or assistant treasurer,(Civ.Code,§1190 and Corps.Code,§313.) CERTIFICATE OF ACKNOWLEDGMENT State of California ss. County of C, SCHADG069 A-#4o On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for L �A personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me thathe/sheithey executed the same in his/her/their authorized capacity(les),and that by his/her/their signature(s)on the Instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument "IN WITNESS my hand and official seal. -1Ie VLJMh� Dated: l — REBECCA L.SHIFMAN Commission#133W9 z otary Public Notary Public-CalifbMi8 > (Notary Seal) z z Alameda County my comm.Expires Jan 13,2006 1. PARTIES&DAT?.W62"Veon eabovwedate,'the County of Contra Costa,California,(hereinafter"County")and the above-mentioned Subdivider mutually'promise and agree as follows concerning this Subdivision: 2. IMPROVEMENTS.Subdivider agrees to install certain road improvements(both public and private),drainage Improvements,signs,street lights,fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required In the Improvement plans for this Subdivision as reviewed and on file with the Contra Costa County Public Works Department,as required by the Conditions of Approval for this Subdivision,and In conformance with the Contra Costa County Ordinance Code,including future amendments thereto (hereinafter"Ordinance Code"). Subdivider shall complete said improvements(hereinafter"Work")within the above completion period from date hereof,as required by the California Subdivision Map Act(Gov. Code,ff 66410 et.seq.)In a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the Ordinance Code and rulings made thereunder,and where there is a conflict among the Improvement plans,the Conditions of Approval and the Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENTS SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Gov.Code§66499 and the County Ordinance Code,provide as security to the County: 102700*00 11058llOOoOO A. For PerformanceandGuarantee: $ - --- cash,plus additional security,In the amount of which together total one hundred percent(100%)of the estimated cost of the Work. Such additional security is presented in the form of.- Cash,certified check or cashler's check, X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Subdivider guarantees performance under this Agreementand maintenance of the Work forone yearafterits completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. 534,400*00 form of. B. For Payment: Security in the amount:$ which is fifty percent(50%)of the estimated cost of the Work.Such security is presented in the Cash,certified check,or cashier's check X Acceptable corporate surety bond. Form Approved by County Counsel Acceptable irrevocable letter of credit. (Rev.9/03) Page 1 of 2 Subdivider.With this security,Subdivider guarantees payment to the contractor,to its subcontractors and to persons renting equipment or furnishing labor or materials to them or to the Upon acceptance of the Work as complete by the Board of Supervisors and upon request of Subdivider,the amounts held as security may be reduced in accordance with Sections 944.406 and 944.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK, Subdivider guarantees that the Work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 964.6,"Acceptance,"of the Ordinance Coe,Subdivider agrees to correct,repair,or replace,at Subdivider's expense,any defects in said Work. The guarantee period does not apply to road improvements for private roads that are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK.Subdivider agrees to perform plant establishment work for landscaping Installed under this Agreement.Said plant establishmentwork 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 en sure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the Work as complete. 6. IMPROVEMENT PLAN WARRANTY.Subdivider warrants the improvement plans for the Work are adequate to accomplish the Work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If,at any time before the Board of Supervisors accepts the Work as complete or during the one year guarantee period,said improvement plans prove to be inadequate In any respect,Subdivider shall make whatever changes are necessary to accomplish the Work as promised. 7. NO WAIVER BY COUNTY. Inspection of the Work and/or materials,or approval of the Work and/or materials or statement by any officer,agent or employee of the County indicating the Work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said Work and/or materials,or payments therefor,or any combination or all of these acts shall not relieve the Subdivider of its obligation to fulfill this Agreement as prescribed;nor shall the County be thereby stopped from bringing any action for I ri damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY, Subdivider shall defend,hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnitees benefitted and protected by this promise are the County and its special districts,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 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 notconditioned 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 from any negligent or willful misconduct of any indemnitee. 9. COSTS.Subdivider shall pay,when due,all the costs of the Work,including but not limited to the costs of relocations of existing utilities required thereby;Inspections-,material checks and tests;and other costs incurred by County staff arising from or related to the Work,and prior to acceptance of the Work as complete or expiration of any applicable warranty periods, whichever is later, 10. SURVEYS,Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of the Work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS. If Subdivider fails to complete the Work within the time specified in this Agreement,and subsequent extensions,or falls to maintain the Work,County may proceed to complete and/or maintain the Work by contract or otherwise and Subdivider agrees to pay all costs and charges incurred by County(including,but not limited to,engineering,inspection,surveys,contract,overhead,etc.)Immediately upon demand. Once action is taken by County to complete or maintain the Work,Subdivider agrees to pay all costs incurred by County,even if Subdivider subsequently completes the Work. Should County sue to compel performance under this Agreement orto recovercosts incurred in completing or maintaining the Work,Subdivider agrees to pay all attorney's fees, staff costs and all other expenses of litigation Incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the Work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the Work as complete,the Subdivision is included in territory incorporated as a city oris annexed to an existing city,except as provided In this paragraph,County's rights under this Agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city.Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this Agreement as though Subdivider had contracted with the City originally.The provisions of paragraph 8(Indemnity)shall continue to apply in favor of the indemnitees listed in paragraph B.A.upon any such Incorporation or annexation. 13. RECORD MAP. In consideration hereof.County shall allow Subdivider to file and record the final map or parcel map for said Subdivision. 14, RIGHT OF ENTRY.Subdivider hereby consents to entry onto the Subdivision property,and onto any other property over which Subdivider has land rights and upon which any portion of the Work is to be installed pursuant to the improvement plans,by County and its forces,including contractors,for the purpose of inspection,and,in the event of non-performance of this Agreement by Subdivider,completion and/or maintenance of the Work, Form Approved by County Counsel H:\FinaRPW\LW-SubAgmt.9.03.wpd [Rev.9/031 Page 2 of 2 logo Subdivision: SUB 99-08382 Bond No.: 7 , IMPROVEMENT SECURITY BOND FOR SUBD SION AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 66499 - 66499.10) 10 ]RECITAL OF SUBDIVISION AGREEMENT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision SUB 99-08382 _, as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. al 2* OBLIGATION: Ponderosa Homes IL Inc. as principal and 774C, ! 1vr/A4 Fe&/ L, 1A1Sbfk4A/C C-5- coMPAIVY a corporation organized and existing under the laws of the State of 416 UJ Al PIR 9- and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows-, 0 A. Performance and Guarantee. One Million Fifty Eight Thousand One Hundred and 00/100 Dollars ($ 11058J00.00 for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: Five Hundred Thin y Four Thousand Four Hundred and 00/100 Dollars ($ 534,1400.00 ) to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3, CONDITION: A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal, or principal's heirs,executors,administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perfon-n,the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city assignee)its officers, agents and employees,as therein stipulated,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. Bo The condition of this obligation, as to Section (2.B.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished,labor of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also, incase suit is brought upon this bond, will pay, in addition to the fact amount thereof, reasonable costs, expenses and fees, including reasonable attorney's fees, incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work tinder conditions of this bond be fully performed,then this obligation shall become null and void- otherwise it shall be and remain in full force,and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee)shall relieve the surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by the surety;and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. SIGNED AND SEALED on IM LY 2!2+h .2-005 ffo SURETY: PRINCIPAL: COMPAW)e 5 96�5 - 0 T 'T, TC- & 0 Address: Address: OSHDWJ 0 5 qql 0 5, r/q z. city: A,C4 zip: qqr7 (5 01 City:SAA(FRANC-I�M C4 ip: By: By: Pri(tN e-,) Print Name: -in-Fact Title. C141aF fWANalk\L OFF/C& Title: Attorney JD:niw:lap vc1Fomis1BN WORMBN-12.doc 711111 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1 State of California j r ss. County of Alameda On L%4 T9 Z-D S before me Rebecca L. S h i f m a n >. Date f Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally a E �fl+�c M0QA-SC.,,Hp Y eared Pl'' , Name(s)of Signer(s) 14 personally known to me ❑ proved to me on the basis of satisfactory evidence REBECCA L.SHIFMANto be the person(s) whose name(s) is/are Z Commission#1339469 subscribed to the within instrument and ' Notary Public-California A Alameda County acknowledged to me that he/she/they executed MY the same in his/her/their authorized ern.moires,,tan 13"2Ot36 (� capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) > acted, executed the instrument. j NE my hand and i a al. Signature o Notary P �. OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could pre t fraudulent removal and reattachment of this form to another document. j �> Descri tion of Attached Document � f> Title or Type of Document: Document Date: umber of Pages: ' Signer(s)Other Than Named Above: Ca acit (ies) Claimed by Signer Signer's Name: ' ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s ❑ Partner--❑ Limited eneral r ❑ Attorney-in-Fact f ❑ Trustee ❑ Guardian o onservator ( ❑ Other: ner Is Representing: �. 01999 National Notary Association 9 9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CN! A ForAll the Commitments You Make State of California County of San Francisco On July 29, 2005 before me, Thelma D. Dulay, Notary Public Date NAME,TITLE OF OFFICER.,")ANE DOE,NOTARY PUBLIC" personally appeared Paul A. Kitchell NAME(S)OF SIGNER(S) (x_) personally known to me—OR—(_) proved to me on the basis of satisfactory evidence to,be the person(s)whose names(s) is/are subscribed to the within instrument and acknowledged.to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. THELMA D. DULAY COMM.#1445217 WITNES my hand and official seal. IIOTMY NOW*CALIFON" SAN FRANCISCO COUNTY .13&2007 'W 1W _W 1W SIGNATURE OF NOTARY OPTIONAL. Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER Ponderosa Homes 11, Inc. TITLE OR TYPE OF DOCUMENT PARTNER(S) LIMITED GENERAL Two Pages (2) NUMBER OF PAGES x ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER July 29, 2005 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Continental Insurance Company No Other Signers SIGNER(S) OTHER THAN NAMED ABOVE G-1 07426-B POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That The Continental Insurance Company,a South Carolina corporation,and Firemen's Insurance Company of Newark,New Jersey,a New Jersey corporation(herein called"the CIC 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 Paul A.Kitchell,Lillian G.White,Thelma D.Dulay,Emily L.Newell,Individually of San Francisco,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-LaNv and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the corporations. In Witness Whereof,the CIC Companies have caused these presents to be signed by their Senior Vice President and their corporate seals to be tp hereto affixed on this 9th day of June,2004. 0000*0006 llmjmft"� The Continental Insurance Company INS % So N..A Firemen's Insurance Company of Newark,New Jersey Now • Z 0L eniorjce President we'd#* S Michael Gengler Senior State of Illinois,County of Cook,ss: On this 9th day of June,2004,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 The Continental Insurance Company,a South Carolina corporation, and Firemen's Insurance Company of Newark,New Jersey,a New Jersey 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. IOFFICIAL SEAL Aofj ELIZA PRICE NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES:09MV06 -- --------- My Commission Expires September 17,200 -TIiza Price Notary Public CERTIFICATE 1,Mary A.Ribikawskis,Assistant Secretary of The Continental Insurance Company,a South Carolina corporation,and Firemen's Insurance Company of Newark,New Jersey,a New Jersey 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 r verse hereof i till in force. In testimony the seal of the said corporations this day of whereof I have hereunto subscribed my name and affixed028 d:�2� 9 U INS(109 %% ANY The Continental Insurance.Company t, :'+'�` ,'; �`�, .-....,.',p�f Firemen's Insurance Company of Newark,New Jersey Now 3ft L Mary A. Rikaj<jkis Assistant Secretary Form F6850-11/2001 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. DISCLOSURE OF PREMIUM The premium attributable to coverage for terrorist acts certified under the Act was Zero Dollars ($0.00). DISCLOSURE OF FEDERAL PARTICIPATION IN PAYMENT OF TERRORISM LOSSES The United States will pay ninety percent (90%) of covered terrorism losses exceeding the applicable surety/insurer deductible. Form F7310 �1 A. too:,: .. ':;: :t?},:%Y?vi':.;;'.✓$:i.4:' . ::: ...s:.::.::::.:.: .::.:.... ...::. .a...i:::::.:.;: ..... 17/05 FATCO 27 8382 Tax Collector's Office -, William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.O.Box 631 Russell V.Watts Costa Chief D T -Martinez,California 94x53 Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor p� i`t l�Sti��Cac t. yti Date: 11/17/2005 IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2005, THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# city T.R.A. 8382 DANVILLE 66089 Parcel#: 206-030-023-9 206-030-025-4 206-030-026-2 246-030-027-0 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2005-2006 tax lien has been paid in full. Our estimate of the supplemental tax lien is $0.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasurer-Tax Collector By. ... -77 00 'E'AAW. Jl Mulil EZ,"C T, all" E A Mh ao*,A"ZAM) '-FNU wrators U fin 1053 i" `41' I I w MY zd �:­Ar 21 A o0w, no Y� c s i�i�:C ME 0, P 'S IT 00 h vzeip ic .0 'T in 436,knovA 14. Sig t' t Uilty,' DepL# 'CO it d AU ohs i i t VDI 13�s i i F r ,SVS r 0 • A r 2(1 • r } } } F ut .. + 2 ( .. 50 uu U IJ 2 . . 0 2 - U 7oILI o U �- u „J 6 u M a �7cjM -�- ,- C 0 4 2 ` u 294 - 3 0 , 70u Uu+ 94Y.M. (i u tj w (j ) 46-1 1 x r 0o � ,c l .t5 0 Li �F� j r w 0648-9140 / 112200: 61161393, $7,279.001 51) 98-8263, Drainage Mitigation, Discovery Builders, Inc., 4061 Port Chicago Hwy, Suite H, Concord, CA 94520 0649-9660 / 112300: G1161391, $1,575.00., MS 90-0141, Parcel Map Check, Charles & Lorraine Farr, 18311 Bollinger Canyon Rd., San Ramon, CA 94583- 1507 0649-9660 / 112300: G11613931 5098-8263, , Discovery Builders, Inc., 4061 Port Chicago Hwy, Suite H, Concord, CA 94520 $24,618.50, Inspection $1,200.00, Deposit Improvement Plan Check 0649-9660 / 112300: G11613941 $6,042.00, 51)81001 Improvement Plan Review, John Lois Herrington, 160 Alderwood Rd., Walnut Creek, CA 94598 819800-0800: 61161393, $4,693.00, 5D98 8263, Cash Bond, , Discovery Builders, Inc., 4061 Port Chicago Hwy, Suite H, Concord, CA 94520 819800-0800: 61161395, $10,000.00, FC 620-05, Cash Bond, DeSilva Gates Construction, PO Box 2909, Dublin, CA 94568 819800-0800: G11613961 $10,700.00, Sub 99-083821, Cash Bond, Ponderosa Homes II, Inc., 6671 Owens Dr., Pleasanton, CA 94588 t,G C 1.►S 4 tpsl� � C,d 6, '6- NWW q ` w N w Z. o cs r. 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