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MINUTES - 10182005 - C5
TO: BOARD OF SUPERVISORS' FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: October 18,2005 SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 02-08687,being develo ':ed b Spanish Trails Associates, LLC, El Sobrante area.(District I) SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2005/6 `1W for Subdivision 02-08687, approving the Final Map and Subdivision Agreement for project being developed by Spanish Trails Associates, LLC,El Sobrante area. (District FISCAL IMPACT: Nene. BACKGROUND/REASON(S)FOR RECOMMENDATION(S): The Public Warks Department has reviewed the conditions of approval for Subdivision 02-08687 and has determined that the applicant has satisfied all conditions required for Final Map approval. CONSEQUENCES OF NEGATIVE ACTION: The Final Map will not be recorded. Continued on Attachment:,s,,- SIGNATURE: ,,RECOMMENDATION OF COUNTY ADMINISTRATOR ,_,,.REC MMENDATION OF BOARD COMMITTEE ROVE OTHER SIGNATURE(S): ACTION OF BOA N d;o '&Y ZZ le-104VIIE APPROVED AS RECOMMENDED OTHER 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 VOT F SUPERVISORS date shown. UNANIMOUS(ABSENT AYES: NOES: ABSENT:-ABSTAIN: ATTESTED:t�f �' ,/ � .'S- Originator:Public Works(ES) JOHN SWEETEN,Clerk of the goard of Contact: S.Gospodchikov{313-2316} Supervisors and County Administrator AHixm G:IGrpDatalEngSvc180t2005114-18\SD 02-08687 BO-21.doc cc: public Works-T.Bell,Construction Current Plazning,Community Development T-August 18,2005 Spanish Trails Associates,LLC By / -, -„ - , Deputy 164 Oak Road 1 Alamo,CA 94507 Developers Surety and-Fndetnnity Co. 2999 Oad Road,Suite 420 Walnut Greek;CA 94597 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 18, 2005, by the following vote: AYES: Gioia,Plepho,DeSaulnier,Glover and Uilkema NCIES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2005/ C46'9 SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 02-08687, being developed by Spanish Trails Associates, LLC, El Sobrante area. (District I) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 02-0$687,property located in the El Sobrante area, Supervisorial District I, said map having been certified by the proper officials. H. Subdivision Agreement A subdivision agreement with Spanish Trails Associates, LLC, 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: Originator:Public Works(ES) I hereby certify that this is a true and correct copy of an action Contact: S.Gospodchikov(313-2316) taken and entered on the minutes of the Board of Supervisors Ax:nn on the date shown. G:\GipData CngSvc\BO\2005\10-18\SD 02-08687 BO-21.doc cc: Public Works—T.Bell,Construction Current Planning,Community Development T—August 18,2005 �r f Spanish Trails Associates,LLC ATTESTED: ,6 '�✓"'�'�� 164 Oak Road Alamo,CA 94507 JOHN SWEETEN, Clerk of the Board of Supervisors and Developers Surety and Indemnity Co. County Administrator 2999 Oad Road,Suite 420 Walnut Creek,CA 94597 By ff ,Deputy RESOLUTION NO.2005/ W' SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 0208687, being developed by Spanish Trails Associates, LLC, El Sobrante area. (District I) DATE: October 18,2005 PAGE: 2 A. Cash Bond Performance amount: $5,525.00 Auditor's Deposit Permit No. 451207 Date: September 15, 2005 Submitted by: Spanish Trails Associates Tax ID Number: 20-1766801 B. Surety Bond Bond Company: Developers Surety and Indemnity Co. Bond Number: 7201875 Date: August% 2005 Performance Amount: $552,500.00 Labor&Materials Amount: $276,250.00 Principal: Spanish';Trails Associates,LLC 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 20046.2005 tax lien has been paid in full and the 2005-2006 tax lien,which became a lien on the first day of January 2005, is estimated to be $21,200.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: Developers Surety and Indemnity Co. Bond Number: 7201885 Date: August 9, 2005 Amount: $21,200.00 Principal: Spanish Trails Associates, LLC NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. v n O 0 i1 c y�j N p 40- - 15 W �saw��7w � rw-oc;'�" s y�p ic1f� Z W C1 mx Writ : ' h�un% as saw O: Y w�rOdb � u LS 5c' �r 6c�: t S.R. 40 ZK i b'�C+ aMwm< Ni.97- Ki 4 W 06, Y tQ a t] 4 GS tx„r2 - � Cy b5 SV �ZIA o��� ct«�rtrk, a `s �3•?73ws,-.fit y,._ is Wt'S..k'"ad•,� :. ,'e'°' `'' Ifs Z,.. ... .., 4~ , YWO W p a3. reap ..i 6^ tr w ` u MF UCL'di 'Z 5. 'tea. ".r 3 'Z gwizy t�.� r NU ai1,• W Y { ' 1 � ie 05 Jsyp ar u , L+6Ig �/yain Z U:W'CLT fJ r a'7�t w _5 W W�w W�i7 se. Ck � lit U7 �'v�' '. y yl tr WOr d �1fir.. A 8, { \ ,/ �� N i.0 SrA• y, O is p "•Si 4AO t, � v' f' Ld %�'t M• f.J m W'7 k7G N W ... '�1�' LJ W _ ,.t 4......y i X O t.. 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Y '�` �1,. i r,t W K �...,`i , .:i' yC zto 6t VIP tot ))r A �aLF;iq`�o�eaa°'" nn32 x� mma�a'0u ur'"# t <5 IRS C 01.11 R a om <awi o3ai i. w.. �1.Q5i3 �a:tidv.tit7 x- i> .I:33EiS �3� Al iz {y�� i+rg O kri 80t No MOL - fr1�� SJ.4 W i—i UNMH018 40 di Cs' �....;F°... .,,:. �Y8'SE. p€EC •?,!'9S'' .88'89�41 [ �t by _ Y �.+� � / �.` ham' _��+i. ~ U•1 Z ij__ �.r I J :if ry, Ila ui a: OD 01 Q1 In 61 c,��'• g E �i t �' .-I 'am N '� � '� `� ^y��'� �t�y�t \tt.,+.• �\ 'fry '�'x`a �! .10 44 vi vec.8t Nit, lob Z. .- *a "° a �• eSa ; z z n "= :C4 JPz 16 +� 4 t" [� `5�'? �} Nf Oi .�.. tN jfr3 H} 47 � CJ �? t• +F Ci t3 ci tai 6 a ntiLt n. �$iQQ �. mat aa�c�" U [NJ Q V v� U 4 C� u c7 V Q u V L N SUHDIV1SION AGREEMENT (Gov.Code,§§66362 and 66463) Subdivision: 8687 Effective'Date: August 8, 2005 Subdivider. SPANISH TRAILS ASSOCIATES, LLCCompletion Period: 2 years August 2006 THESE SIGNATURES ATTESTTOTHE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY �" SUBDIVIDER Maurice M Shi ,Public Works Directory` �? SPANISH TRAIAS#ASSOCIATES, LLC By: r "� �m Print Name g u tin Group, LLC RECOMMENDS OR PROVAL PrintTiue W' F. Schrader, 3r ana in Member By' d' t,,,v,, Print Name s Engineering efvi r P::All: FORM APPROVED: Silvan 6.Marchesl,County Counsel ignatur s must be acknowledge .If subdivider is incorporated,the contract. must be signed by. o officers:The first signature must be that of the chairman of the board,president, rvime presldent;the second signature must be that of the secretary, assistant secretary,chief financial officer,crassistant'treasurer.(Civ.Code,§1 f94 and Corps.Code,§313.) CERTIFICATE OF ACKNOWLEDGMENT State ofGatifomia ) SEE- ATTACHED NOTARY ACKNOWLEDGMENT ss: County of ) On the date written below,before me,the undersigned Notary Public,personalty appeared the on(s)signing above for personally known to me(or proved tame on the basis of satisfactory evidence)to be the person(s). name(s)is/are subscribed to the within instrument and acknowledged to me that helsheithey executed the same in hislherttheir authorized capacity(ies).and that by his/her gnature(s)an the instrument theperson(s);or the entity upon behalf of which the person(s)acted, executed the instrument WITNESS,my hand and official seat Dated: Notary Public (Notary Seal) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,(hereinafter"County")and the above-mentioned Subdivider mutually promise and agree as follows concerning this Subdivisions' 2. IMPROVEMENTS.Subdivider agrees to install certain mad 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 Departrhent,as required by the Conditions of Approval for this Subdivision,and in conformance with[he Contra Costa County Ordinance''Code,including future amendments thereto (hereinafter'Ordinance Cafe'). Subdivider shag complete said improvements(hereinafter'Work')within the above completion period from date hereof,as required by the California Subdivision Map Act(Gov, Code,§§66410 at,seq.)in a good workmanlike manner,in accordance with accepted'construction practices and in a manner equal or superior to the requirements of the Ordinance Code and rulings made thereunder;and where there is a conflict among the improvement;plans,the Conditions of Approval and the Ordinance Code,the stricter requirements shall 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 A. For performance and Guarantee: S cash,plus additional security,in the amount of$ 552,500 ,which together total one hundred percent( 00%)of the estimated cost of the Work. Such additional security is presented in the form of: Cash,certified check or cashier's check: XX Acceptable corporate surety bond. Acceptable irrevocable letter of credit With this security,Subdivider guarantees performance under this Agreement and maintenance of the Work for one yearafterits completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. ` B. F2rE2XM22t Security in the amount:$ 27 6,250 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 XX' Acceptable corporate surety bond. Form Approved by County Counsel Acceptable irrevocable letter of credit. (Rev.9/031 Page I of 2 ............................................................. ........................... ..................................................................................... ........ ................- ............ ..........-,...... ........ ..... ... 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 Subdivider. 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 94-4.406 and 94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that the Work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance,'of the Ordinance Code.Subdivider agrees to correct,repair,or replace,at Subdivider's expense,any defects in said Work. The guarantee period does not apply do 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 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 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 Section2 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 andlor materials,or approval of the Work and/or materials or statement by any officer,agent or employee of the County indicating the Work or any part thereof complies with the requirements of this Agreement or acceptance of the whole or any part of said Work and/or materials,or payments therefor,or any combination or all of these acts,shall not relieve the Subdivider of its obligation to fulfill this Agreement as prescribed;nor shall the County be thereby stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY. Subdivider shall defend,hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnhees 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 promiseand agreementin this section are not conditioned ordependenton whether ornot any indemnftee has prepared,supplied.orapproved any plan(s)orspecification(s)in connection with this Work or Subdivision,or has insurance or other Indemnification covering any of these matters,orthatthe alleged damage resulted partly from any negligent or willful misconduct of any indemnitee. 9. COSTS. Subdivider shah 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 priorto acceptance of the Work as complete or expiration of any applicable warranty periods, whichever is later. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of the Work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS, If Subdivider fails to complete the Work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the Work,County may proceed to complete and/or maintain the Work by contract orotherwise 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 underthis Agreement orto recover costs 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 I Subdivider subsequently proceeds to complete the Work, 12. INCORPORATIONIANNEXATION. If,before the Board of Supervisors accepts the Work as complete,the Subdivision is included in territory incorporated as a city oris annexed to an existing city,except as provided in this paragraph,County's fights underthis Agreement andlor any deposit,bond,or letterof credit securing said rights shalt be transferred to the new annexing city.Such city shalt 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 or the City originally.The provisions of paragraph 8(Indemnity)shall continue to apply in favor of the indemnitees listed in paragraph&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 [Rev-9103) H1FjnaWW1W-SuoAgmt.9.03.wpd Page 2 of 2 .......... ....... . ........ rr: rrz roz rz rrz rz rrrrz r...z r.................... r r.— r.4 qqz q.r�,rr....... r,r:t z z z:;: .........r.rrz z rz i:z im 4 qz:rr.rz:qq: .......... ........... .. .............. a� CALIFORNIA ALL.-PURPOSE ACKNOWLEDGMENT i State of California ss. County of Contra Costa on September 12, 2005 beforeme, Cathy A Shapardlt Notary Public Data Name and Yule of Officer(e.g.,"Jane Doe:Notary Public") personally appeared William F. Schrader, Jr. Name(s)of Signer(&) 3 Lpersonally known to me proved to me on the basis of satisfactory evidence to be the person( whose nameA is/.ate. subscribed to the within instrument and acknowledged to me that he/ski executed the same in hislha4kek authorized capacityO, and that by his/Naa4"r -- signatureWon the instrument the person( or C010YA SKAFM the entity upon behalf of which the person Commission#1466123 acted, executed the instrument. notary Public-CoNfornfa Contra Costa Comity WITWS my hand and offici l eat. MyComrn. Dec 14,21113 Signatureof ary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this farm to another document. Description of Attached Document Title or Type of Document:_._ Subdivision Agreement _ Document Date:_._ Aug,tGt $, 2005 _Number of Pages: 1 DoLb 1 e Sided Signer(s)Other Than Named Above: N/A -- Capacity(les)Claimed by Signer Signer's Name: William F. Schrader, Jr. C' Individual lop of thumb here 0 Corporate Officer—Title(s): 0 Partner--0 Limited G General C:) Attorney-in-Fact 11 Trustee � 0 Guardian or Conservator Other: Managing Member Signer is Representing; Spanish. Trails Associates, LI,C 0 1999 National Notary Association 9350 00 Soto Ave,,P.O.Box 2402 Chatsworth,CA 91.313.2402•www.nationainotary.org Prod.No.5907 Reorder:Call Toll'-Free 1-600676-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of 01., � � 0_ OPTIONAL SECTION Cou't,of CAPACITY CLAIMED BY SIGNER On G ore rite, ' t Though tate�te does not require the Notary tofillin D TE E,TITLE OF FFiC E G.,UANE E,NOTARY PUBLIC the data low doing so may a- F g Y Prove nvalua to personally appeared 4 � � t l persons rel 'ng on the document. NAME(s).OF SIGNER(S) INDIV IDUA.... proved to me on the basis of satisfactory evidence CORPORATE FFICER(S) be the personwhose name k LE(s) LISA A.DALZIEL subscribed to the within i raiment and acknowled to me tha he tW executed Commission# 137731© PARTNER(S) I ITED the same i his r/t} fr orize ERAE Z ,mow Notary Public - California capacity(I �atb his h it Contra Costa County signatur on'the intro n the'personoo or ATTORNEY-IN-FACT My Comm.ExpiresSep28,11 Nil qP UQcS ,j the entityupon half of which the persa TRUSTEES) acted,`executed instalment. GUARDIAN/CONS VATOR OTHER: WITIXESS my an a I i 1 seal 1 SIGNER IS REP SENTING: \\ ! {NAME OF PERSON( OR ENTITY(iES)) OPTIONAL SECTION THIS CERTIFICATE MUST EE ATTACHED Title or of Document TO THE DOCUMENT AT RIGHT. hlurnber ofge��~' Though the data below is not required bylaw,it may prove valuable .-y' Date of Document to persons relying on the document and could prevent frpddent 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 sign exact y as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be state'. III. SIGNATURES FOR PARTNERSHIPS - Si ming party must be either a general partner or be authorized in writing to have t e authority to sign for and binde partnership. IV. SIGNATURES FOR CORPORATIONS Documents`should be signed y two officers,one from each of the following two groups: GROUP 1. ((a)- The Chair of the Board (b}The President c Any Vice-President GROUP 2. a The Secretary b 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" Ic:mw G:\(]!)DaWEngSvc\Forms\WORD FORMS\ALL PURPOSE NOTARY.doc COUNTY OF CONTRA COSTA DSII PERMIT F _. OFFICE OF COUNTY AUDITO t-CONTROII.ER TO THER&WRER: MARTINEZ.CAL NIA RECEIM FROM ': r JJ ORGANIZATION NUMBER (Far Cash.Collection Procedures see County Administmdor's Bulletin 105.) DESCRIPTION FUND/ORG SUIL ACCT TASK OPTION ACTIVITY AMOLINT $ ( � t r t ( `))r y} i A1.11 � C �.t tea{_.', { t � t k,L602-2 L/ t 1 t �. PLANATION:/ TOTAL $ t DEPOSIT the y ym f tp'� zz COIN and CURRENCY S 1, r CHECKS.MO.ETC. ! Ll- BANK DEPOSITS FOR AUDITOR-CONMLLER USE ONLY DEPOSIT NUMM IX l AASSSIGNED 45•x'201 � �' "13 f The amount of money described above is for Trerasurer'&receipt of above amount is approved Receipt of above amount is hereby deposit into the County-Treasury. orknovvledged. r t I! 1 l' Date ZIL W�s" rtfa' '' t 1'f Deputy County Auditor pmputY Treasurer 34REY tx-93 q{OS COUNTY OF CONTRA COSTA .:_.:. DIRPOW PERIIiUt' OFFICE OF COUNTY A 7OR-CONTRMLER 7' MARTINEZ CA€FORNIA tT� ORGANIZATION NUMBER .1 ; A. (For Cash C lection Procedures seri County Administrator's Bulletin 105.) ho DESCRIPTION FUND/0RG � TASK ACTIVITY AMOUNT t17 I I I A 5J24'-i ! �r. y ! Jt r r 5�- s K✓T Ift.k. 41q A J9141111:1 � # +' l{'b�i {r' G' lid%'\ 1 ! I '7 41 2�2 1 // Lt :. _ 1 1 -53 J XPLANA'nON: TOTAL 1 DEPOSIT t Deposit consists of file fc&wing items COIN and CURRENCY $ CHECKS.MO,ETC. $ BANK DEPOSITS $ FOR ALIDI TOR-CONTROLLER USE ONLY DEPOSIT PERMIT NUMBER _ t DATE I ! t ASSIGNED -� he amount of money described above is for Treasurer's receiptof above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. /(p��)j{ ocknowiedged. rllr� Dgtgal*9.�,.� -�tSigned: 7p�tY'CoshAuditor EXT Deputy County Treasurer A REV.{T-9,3) Y t.VV1Y1 i Vr%-%J"IRA%..Vot^ DEP©W PERMIT r _ OFFICE OF couNTY ALID11OR-CONTROLLER MARTINEZ,CALIFORNIA L� t ► ORGAhNZATION NUMBER Z!-.2 (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG L TASK OPTION ACTIVITY AMOUNT _ $ g f cI T7 t-! rz 9q oil t (Wellr ;g 6,51a. f 1, f� r r•. 1 ' f f - f f y 1 EXPLANATION: TOTAL $ f DEPOSIT f Deposit consists of the fallowing iterns COIN and CURRENCY $ CHECKS.M.O.ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT R �P NUMBE SASS NEa The amount of money described above is for., Treasurer's receipt of above amount is approved. • Receipt of above amount is hereby deposit into the County Treasury. acknowledged. r-- ' Dote-r Titl _t 1 1" V EXT. C. Deputy Caurlry Muaitar Deputy County Tmsurer D-34 REV.{7-93Y i i 1 8198010-0800: G1189666, $5,525.00, SD 02-8687, Cash Bond, Spanish Trails Associates', 164'Oak Rd., Alamo, CA 94507 819800-0800: G1189672, $2,400.00, RA 04-01193, Cash Bond, Shaper) Homes, A Division of Shapell Industries, 100 North Milpitas Blvd., Milpitas, CA 95035 819800-0800: G1189676, $45,499.00, SD 05-8900, Cash Bond, Shea Homes, 2580 Shea Center Dr., Livermore, CA 94550 _06-48.79140_/ 112200: _G_1189666, $22.162.25.__SD_02-8487, -SD 02-8687, _ Drainage Mitigation, , Spanish Trails Associates, 164 Oak Rd., Alamo, CA 94507 0648-9140 / 112200: G1189446, $4,449.44, BW REG DA 30C, City of Brentwood, 708 Third St., Brentwood, CA 94513 0649-9665 / 112300: G1189666, SD 02-8687, Spanish Trails Associates, 164 Oak Rd., Alamo,CA 94507 $1,300.00, Deposit Processing $28,362.50 Inspection Deposit 0649=9665 / 112300: G1189668, $2.500:00, MS 80-128, Inspection Deposit, Affinito Building Account, 2211 Railroad Ave., Pittsburg, CA 94565 0649-9665 / 112300: G1189670, $12,800.00, RA 05-01197, Road Acceptance Review, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd., Suite 500, San Ramon, CA 94583 0649.9665 / 112300:G1189671, $7-.450.00, Sub 99-8306, Final Map Check Fee, Shapell Homes, A Division of Shapell Industries, 100 North Milpitas Blvd., Milpitas, CA 95035 0649=9665 / 112300 G1189673, $14.300.00, RA 04-01193, Road Acceptance Inspection Fee, Shapell Homes, A Division of Shapell Industries, 100 North Milpitas Blvd., Milpitas, CA 95035 Subdivision: 8687 Bond No,: 7201875 Premium': $9,945.00 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, 'Guarantee and Payment) (California Government Code §§ 66499 - 66499.10)' RECITAL OF Su�D1yts10_N 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 8687 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. ?. OBLIGATION: Spanish Trails Associates, LLC as principal and Developers Surety and Indemnity Com n � j , a corporation organized and existing under the laws of the Mate of Iowa andauthorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra'Costa, California to pay as follows: A. Performance and Guarantee: Five hundred fifty two thousand five hundred and N01100 Dollars ($552,500.00 for Contra Costa County or any city assignee under the above County Subdivision Agreement, B. Pa rnent: Two hundred seventy six thousand two hundred fifty and N01 1 00 Dollars (S 276,250.00 }to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division 11I 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 beep and perforin the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city assignee)its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included reasonable costs, expenses and fees, including reasonable attorney's fees, incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, all to be taxed;as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.B.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all contractors, subcontractors, laborers, material 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 under conditions of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee) shall relieve the surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by the surety; and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken, SIGNED AND SEALED on -- August 9, 2005 PRINCIPAL: Spa nish T ils Associates LLC SURETY: Develot�ers Sures and Indemnity Company Address: 164 Oak RqXJ Address: 2999Oak- Road, Suite 420 City. Alamo Zip 94507 Walnut Crety: 94597 By: The Aust' IG10Y, LLC By: 4/01 Print Name: Print Flame: John F- A:rents Will'am Schrader, Jr, Title: Mana ing ember Title: Attorney-in-Fact 11V 7D:rnw:lap G:\GrpDaw3EngSvc\FomulBN WORMBN-12.doc Rev.November 28,2000 -:31N: F., :3K, ..'N,:n.aaa33M":.aua3ii:fir:::z•: #E 33H',i :':3nS 3 3 ! 33My3 3ji i 3I13�7 MM aj##3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT I t State of California t ss. ;? ( County of Contra Costa ; On August 9. 2005 _before me, .,__Cathy A. Shapard, Notary Public Date Name and Title.of Officer(e.g.,"Jane Doe.Notary Public") i personally appeared John F. .Arents Names)of signer(s) '� 4ersonaily known to me proved to me on the basis of satisfactory i evidence to be the person( whose name(A Wary- � I subscribed to the within instrument and acknowledged to me that he/sbaA4ey executed the same in hislh>;FE +s authorized capacityOV, and that by his/he -- -- - signature(/ on the instrument the person(oor ) CATHY A.SHAPARD the entity upon behalf of which the person(OC _ Commission# 145612 acted, executed the instrument. rata a Notary Public.California Contra Cosies County WITNESS my hand and official seal. MY Comm,Expires Dec 14,2047 i 9QPAd- atunioi N .ryAPubljc OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another,document. Description of Attached Document Title or Type of Document: Improvement Security Bond Document Date: August 9, 2005 Number of Pages: 1 I}tluble Signers)Other Than Named Above: Spanish Trails Associates, LLC Sided Capacity(ies)Claimed by Signer Signer's Name: .John F. Arents il Ing ❑ Individual Top of thumb here', ❑ Corporate Officer—Title(s): ❑ Partner 0 Limited ❑General IN Attorney-in-Fact 0 Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Developers Surety and Indemnity Company 0 1999 National Notary Association•9350 De.Soto Ave,,P.O.Box 2402+Chatsworth CA 913113.2462•www.nationainotary.org Prod.No.5907 Rsorder.Can Toll-Free 1-800-8M6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDOMENT State of California ss. County of Contra Costa On August 9, 2005 before me, Cathy A. Shapard, Notary Public Date Nene and title of Officer(e.g.,'Jane Doe,Notary Public's personally appeared William F. Schrader, Jr.` Names)of Signer(s)- personally known tome ❑ proved to me on the basis of satisfactory evidence to be the person(X whose name(„is/a. - subscribed to the within instrument and acknowledged to me that he/s*eAh"executed the same in his/haA►eir authorized capacity44), and that by his/cif CATHY A.SWARD b signatureAon the instrument the person($ or Commission#1456123 the entity upon behalf of which the person( Notary Public-California acted,executed the instrument. Contra Costa County My Comm,Expires Dec 14.2007f WITH SS my hand and official seal. Signature of Notary Pubfic OPTIONAL Though the information below is not required bylaw,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: Subdivision Bond Document Date: August 9 2005 Number of Pages: 1 Double Sided Signer(s)Other Than Named Above: Developers Surety :and Indemnity Company Capacity(ies) Claimed by Signer Signer's Name: William F. Schrader, Jr. Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attomey-in-Fact ❑ Trustee Guardian or Conservator ®`'Other: Managing Member Signer is Representing: Spanish Trails Associates, LLC 0 1999 National Notary Association•9350 Do Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.nationalnotary.org .Prod.No.5907 Reorder Call Toll-Free 1.800-87&6827 t CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of ' ' OPTIONAL SECTION County f 1 CAPACITY CLAIMED BY SIGNER On are me, Though atute does not require the Notary to till in AT NAME LE OF,O RE.G.."SANE DOE,NOTARY PUBLIC' the data b ow,doing so may prove Invaluable to r \ persons rel ' g on the document. personally appeared w 1 NAME(S)OF SIGNER(S) INDIVIDU proved to me on the basis of satisfactory evidence CORPORAT OFFICER(S) be the personVwhose na s/ --— --- TITLE(S) subscribed to tffiie within i m n and LISA A.DALZIEL acknowledg to me tha he y executed PARTNER(S) MITED Commission O # 1377110 the same in i r/t iy a rize� GENERAL, z capacity(I ,and that b hi ! it ATTORNEY-IN-F Z Notary Public - California z> s' atur on the instru nt the person r TRUSTEE(S) Contra Costa County t end upon lbehai of which the perso GUARDIAN/' NSER TOR My Comm,Expires Sep 28, a ted,executed thein ment. OTHER: l NE5" y ha an of 1 7 SIGNER 1 REPRESENTING: s • n (NAME OF PERSONS)OR ENTITY(IGS)S SIGNAT RE F NOTARY OPTIONAL,SECTION THIS CERTIFICATE MUST BE A'T'TACHED Title or Type of Document TO THE DOCUMENT AT I I(Jiff, Number Though the data below is not required by law,it m4 va u-ab e--_ _Date of Document to persons relying on the document andi�o'uld prevent fraudulent Signer(s)Other Than m "A �_. 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. 11. SIGNATURES FOR,.INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be state III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have e authority to sign or an in e partnership. IV. SIGNATURES FOR CORPORATIONS Documents should e signed y two otticers,one from each of the following two groups: GROUP 1. (a)The Chair of the Board b The President c Any Vice-President GROUP 2. a The Secretary b An Assistant Secretary c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two groups,do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." 3Canw GAG Data\EngSvc\ForrnsSWORD FORMSLALL PURPOSE NOTARY.doc POWER OFATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO BOX 19725,IRVINE,CA 92623 (949)263-3300 www:CnscoDico.com KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited;DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make, constitute and appoint: ***John F. Arents*** as its true and lawful Attorneys)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation as surety,bonds,undertakings and contracts of suretyship giving and granting unto said Attorneys)in-fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as the corporation could do,but reserving to the corporation full power of substitution and revocation,and all of the acts of said Attorneys)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the;Board of Directors of DEV ELOPERS SURETY AND INDEMNITY COMPANY effective as of November 1,2000: RESOLVED;that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the Attorncy(s)-in-Fact named in the Powers of'Attorney to execute,on behalf of the corporation,bonds;undertakings and contracts of suretyship,and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power ofAttomcy; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such flower of Attorney or certificate bearing such 1'aesiintic signatures shall be validandbinding upon the corporation when so affixed and in the future with respect to any bond;undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive Vice President and attested by its Secretary this i st day of February,2005. r 4 . PNps % David H.Rhodes,Executive Vice-President _z Co w; OCT.C 10 «a> 1936 Walter A.C oiw 11,SCeretary r'n+nnn+s�1 STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE } On February I,2005,before me,Nita G.HitTmeyer,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures cm the instrument the entity upon behalf of which the persons acted,executed the instrument. WITNESS my hand and official seal Nl7A Q.HfFFMEYER DfOTpRY f�tfBf,iC GALIrttRNfA�' Signature_.__ C3fiANQE CX�UfU7^! FAy catt3tn.m�lres Jan..tU,2dQ9 CERTIFICATE The undersigned,as Executive Vice-President,of DEVELOPERS SURETY AND INDEMNITY COMPANY,does hereby certify that the foregoing Power of Attorney remains in fullforce and has not been revoked,and furthermore,that the provisions of the resolution of the respective Boards of`Directors of said corporation set forth In the Power of Attorney,is in force as of the date of this Certificate. This Certificate is executer(in the City of Irvine,California,the_9th day of_,___ �r By David L.Kerrigan,Executive Vicc-President ID-4438(DSI)(Rev.2/05) DISCLOSURE RIDER Terrorism"Risk insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created. a three-year program under which the Federal Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act,and the effect, if any, the Act will have on the premium charged for this bond.' Under this program, the Federal Government will cover 90/0 of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed$5,000,000.00. Insurance, carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of$100 billion for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the brand, nor does it provide coverage for any losses that are otherwise excluded by the terms of the band, or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch,Suite 200 Irvine,CA 92614 (949)263 3300 www.inscooico.com ID-1498(Rev.5103) 7i22i05 OLD REP $42 8687 Tax Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.U.Box 631Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925}646-4122 Co U n Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor Date: 7/2272005 IF THIS TRACTIS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER' S voin. This will certify that I have examined the map of the proposed subdivision entitled: Tract/M City T.R.A. EL S0E314ANTE 85002 Parcel#: 433460-822-3 433-1 30-6 433-10�0-tt59-5 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2004-2005 tax lien has been paid in full. Our estimate of the 2005-2006i-tax lien, which became a lien on the first day of January, 2005'is $21400.00 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 latter is accompanied with security approved by the Contra Costa County Tax Collector Subdivision bond must be presented to the County Tax Collector for review and aggroval of adMuacy of security;ttrior to riling with;the Clerk of the Board of Spervlsors. WILLIAM J. POLLACEK, Treasurer-Tax Collector By: ...�. J -- -' Bondo 72{}1885 Premium: $382.00' PRINCIPAL TITLE COMPANY SURETY Spanish Trails Assoc. LLC Old Republic Title Company Developers Surety and Indemnity Company 164 Oak Road 3000 Clayton Road 2999 Oak Rd. , Ste. 420 Street Address Street Address. Street Address Alamo, CA 94507 Concord, CA 94519 Walnut Creek, CA 945`97 City, State, ZipCity, State,Zip City, State, Zip William F. Schrader, Jr. Dawn Cabral Greg, Pribyl Contact Person Contact Person Contact Person (925), 743-8836 (925)687-7880 (925) 295-3190 Phone Number Phone Number Phone Number BOND AGAINST TAXES KNOW ALL MEN BY THESE PRESENTS: THAT Spanish Trails Associates, LLC , as Principal and Developers Surety and Indemnity Company , 'as Surety, a corporation organized and existing under the laws of the State of Iowa and authorized to transact surety business in California are held and firmly hound unto the County of Contra Costa, State of Califorp!a, in the penal sum of TWENTY ONE THOUSAND TWOHUND►RED'DOLLARS � �1,�1 ,1��, to be paid to the 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 9th day of August 2005. The conditions of the above obligation is such that WHEREAS, the above bound Principal is about to file'map(s)entitled SI+JDIit1SfON 187 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 said tract of land covered by said map(s), which taxes and special assessments collected as taxes, are not as yet due or payable, NOW THEREFORE, if 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 time of the filing of said map, then this obligation shall be void and of no effect. Otherwi a it shall remain in full force and effect. PRINCIPA a `ish Trails Associates, LLC SURETY:Developers Surety and Indemnity Company By:Th in Grou ink Number Jahn F. A eats t rney-in-Fact .- B ALL SIGN S.MUST'BE NOTARIZED) William F. chrader, Jr. I)ATE: . Managin Meter N D RE IEWZD AND APPROVED 'ONTRA COS A C UNTY f As R LLECTOR CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i State of California ss. County of Contra Costa On _August 9, 2005 before me, Cathy A. Shapard, Notary Public Date Name and Tule of Officer ie.g.,"Jane Doe,Notary Public") personally appeared John F. Arents Name(s).of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(} whose nameA is/ete subscribed to the within instrument and acknowledged to me that he/sheAba;4.executed the same in his/h>ar�t s r authorized capacity(iOst and that by his/h@6414ei�r CATHY A.SHAPARD signature(Aon the instrument the person(Kor Commission#1456123 ` the entity upon behalf of which the person men' Notary Public California acted, executed the instrument. Contra Costa County My COMM.Expires Deo 14,2007 WITNESSmy hand and official seal. " ignature of Notary Public OPTIONAL Though the information below is not required bylaw,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: Tax Bond Document Date: August 9, 2005 Number of Pages: 1 Signer(s)Other Than Named Above: Spanish Trails Associates, LLC Capacity(ies) Claimed by Signer Signer's Name: John F. Arents 11 Individual Tap of thumb here ❑ Corporate Officer—Title(s): 0 Partner—0 Limited ❑General 3 Attorney-in-Fact Trustee Guardian or Conservator Other Signer Is Representing: Developers Surety and Indemnity Company 0 1999 National Notary Association•9350 De Soto Ave.;P.O.Box 2402•Chatsworth,CA 91313-2402•www.natwnalnotary_org. Prod,No 5907 Reorder.,Call Toll-Free 1-800.876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. Countyof Contra Costa Cathy A. Shapard, Notary Public On August 9, 2{}05 before me, Date Name and ntie of Officer(e.g.,"Jane Doe,Notary Putrlio") personally appeared William F. Schrader, Jr, Na—(s3 of Sig-r(a) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the personA whose names islara subscribed to the within instrument and acknowledged-to me that he/she"executed the same in his/hadlbair authorized capacity(i"), and that by hisllieW#teir "'�`•w1�" "i°IrrH*7'A 1ffi signature on the instrument the person(K or CATHY A.SHAPARt) _ Commission#1456123 � the entity upon behalf of which the person,; Notary PUbllc-California acted,executed the instrument, J Contra Costa County MVComm.Expires Doc 14,20(4 WITH S my hand and official seal. nature of Notary Public OPTIONAL Though the information beloW is not required bylaw,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: Tax Bond Document Date: August 9, 2005 Number of Pages: l Signer(s)Other Than Named Above: ,Develop;ers Surety and Indemnity Company Capacty(ies):Claimed by Signer Signer's Name: William F. Schrader, Jr. 0 Individual Top of thumb here 0 Corporate Officer—Title(s): D Partner—D Limited ❑General 0 Attorney-in-Fact D Trustee * Guardian or Conservator Other: Managing Member Signer Is Representing: Spanish Trails Associates., LLC 01999 Nationat Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotaryorg Prod.No.5907 Reorder Call Tall-Free 1.800.876-6827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY PO BOX 19725,IRVINE,CA 92623 (949)263-3300 wwwAriscoDico.com KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY does hereby make, constitute and appoint: ***John F. Arents*** as its true and lawful Attorncy(s)-i n-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporation as surety,bands,undertakings and contracts of suretyship giving and granting unto said Attoruey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to bedone.in connection therewith as the corporation could do,but reserving to the corporation full powcr of substitution and revocation,and all of the acts of said Attomcy(s)-in-Fact;pursuant to these presents;are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolution adopted by the Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY effective as of November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the Attorneys)-in-Fact named in the Powers of Attorney to execute,on behalf of the corporation,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporation be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY has caused these presents to be signed by its respective Executive Vice President and attested by its Secretary this 1st day of February,2005. AND By: t rye David H.Rhodes,Executive Vice-President .`C;'� 4p�=, -+ `rco 5 OCt <c sa. --- �0 1936 By:___ ............ Walter A.Crowell,Sceretary STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On February 1,2005,before me,Nita G.Hiffmcyer,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument. WITNESS my hand and official seal NITA G.HIFFMEYER COMM.N 1543481 �{.C�7'7 NOTARY PUBtJC CALIFORNIA Sign __-- —-- ORANGE COUNTY ature My comm.mores Jan.10,2003 CERTIFICATE The undersigned,as Executive Vice-President;of DEVELOPERS SURETY AND INDEMNiTY COMPANY,does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolution of the respective Boards of Directors of said corporation set forth in the Power of Attorney,is in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 9th day of______ August 2005 By 4 David L.Kerrigan;Executive Vicc-Presiden ID-1438(DSI)(Rev.2105) `tl @� 9 9p DISCLOSURE RIDER Terrorism Risk Insurance Act of 2002 The Terrorism Risk Insurance Act of 2002 created a three-year program under which the Federal ,Government will share in the payment of covered losses caused by certain events of international terrorism. The Act requires that we notify you of certain components of the Act, and the effect, if any, the Act will have on the premium charged for this bond.' Under this program, the Federal Government will cover 90% of the amount of covered losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only when aggregate losses resulting from a certified act of terrorism exceed$5,000,000.00. Insurance carriers must also meet a variable deductible established by the Act. The Act also establishes a cap of$100 billion for which the Federal Government or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety"insurance. The Act does`not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch,Suite 200 Irvine,CA 92614 (949)263 3300 www.inscoDico.com ID-1498(Rev.5/03)