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HomeMy WebLinkAboutMINUTES - 02272007 - C.18 TO: BOARD OF SUPERVISORS `�'—sE�L-=�� Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR _ Costa n t 7S DATE: February 27, 2007 =° v Count ST'9 COUK� y SUBJECT: Approving Subdivision Agreement(Right-of-Way Landscaping) for Road Acceptance 05-01206 (cross-reference Subdivision 05-08984), being developed by O'Brien at Pacheco, LLC, Martinez area. (District II) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/ for Road Acceptance 05-01206 (cross-reference Subdivision 05-08984), approving Subdivision Agreement (Right-of-Way Landscaping), for project being developed by O'Brien at Pacheco, LLC, Martinez area. (District II) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Road Acceptance 05-01206 (cross-reference Subdivision 05-08984) has been reviewed and processed by Public Works staff and meets all applicable conditions of approval regarding landscape improvements. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement (Right-of-Way Landscaping) will not be approved. Continued on Attachment: ✓ SIGNATURE: �- RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE THER r SIGNATURE (S): ACTION OF B 7 ON vGC Jr APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I hereby certify that this is a true and correct UNANIMOUS(ABSENT copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. LS:vz _ G:\EngSvc\BO\2007\02-27\BO-16 RA 05-1206.doc Originator: Public Works(ES) Contact: S.Gospodchikov(313-2316) ATTESTED: �. cc: Current Planning,Community Development Lty T—December 27,2007(P1) JOHN CULLEN Clerk of Board of O'Brien at Pacheco,LLC ' 950 Tower Lane,Suite 1250 Supervisors and County Administrator Foster City,CA 94404 Attn:Eric Keller International Fidelity Insurance Company 1575 Treat Blvd,#208 Walnut Creek,CA 94598 Attn:Erin Bautista By , Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 27, 2007 by the following vote: AYES: Gioia,Uilkema, Bonilla, Glover and Piepho NOES: None ABSENT. None. ABSTAIN: None j RESOLUTION NO. 2007/ Tom' SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 05-01206 (cross-reference Subdivision 05-08984), being developed by O'Brien at Pacheco, LLC, Martinez area. .(District II) These improvements are located along Pacheco Boulevard. The following document was presented for Board approval this date for Road Acceptance 05-01206 (cross-reference Subdivision 05-08984), located in the Martinez area. A Subdivision Agreement (Right-of-Way Landscaping) with O'Brien at Pacheco, LLC, developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right-of-Way Landscaping) within two years 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: 1. Cash Deposit Deposit Amount: $1,000.00 Deposit made by: O'Brien at Pacheco, LLC Auditor's Deposit Permit No. and Date: 476514 January'l 1, 2007 LS:vz I hereby certify that this is a true and correct copy of an Originator: Public G:\EngSvc\BO\2007\02-27\BO-16(O-16 RA 05-1206.doc action taken and entered on the minutes of the Board of Originator: Public Works(ES) Contact: S.Gospodchikov(313-2316) Supervisors on the date shown. cc: Current Planning,Community Development T—December 27,2007(P1) O'Brien at Pacheco,LLC ATTESTED: 950 Tower Lane,Suite 1250 Foster City,CA 94404 JOHN CULLEN, Clerk of the oard of Supervisors and Attn:Eric Keller County Administrator International Fidelity Insurance Company 1575 Treat Blvd,#208 Walnut Creek,CA 94598 Attn:Erin Bautista By Deputy RESOLUTION NO.2007/ /� SUBJECT: Approving Subdivision Agreement (Right-of-Way Landscaping) for Road Acceptance 05-01206 (cross-reference Subdivision 05-08984),. being developed by O'Brien at Pacheco, LLC, Martinez area. (District II) DATE: February 27, 2007 PAGE: 2 II. Surety Bond Bond Company: International Fidelity Insurance Company Bond Number and Date: 0442413 December 26, 2006 Performance Amount: $85,200.00 Labor& Materials Amount: $43,100.00 Principal: O'Brien at Pacheco,.LLC 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. RESOL UTION NO: ?007/ SUBDIVISION AGREEMENT (Right of Way Landscaping) (Government Code §66462 and §66463) Subdivision: Tract 8984 Belmont Terrace Sub#8984/ Effective Date: RA# 120,6'Landscaping Subdivider: O'Brien at Pacheco, LLC Completion Period: 2 years , THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title) Maurice M. Shiu, Public Works Director O'Brien at Pacheco LLCA' California limited company By: The O'Brienup, C li is corporation, its Managing Memb By: (signature) (print name&title) Jams 11art, IfIce President RECOMMENDED FOR APPROVAL: By: (signature) Engineering Services Di sion (print name&title) 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"Count ,"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 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 datet 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. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and the County Ordinance Code, provide as security to the County: For Performance and Guarantee: $ 1�t�" I � 'UU cash,plus additional security,in the amount of $ �� .v00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: X Cash,certified check or cashiers check. ($1,000) X Acceptable corporate surety bond. ($85,200) Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. . B. For Payment: Security in the amount of$ 43,100 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 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. 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. 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 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 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,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 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 actor 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 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: 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 Agreement, and subsequent extensions, or fails to maintain the work, the 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 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. :kw:lap G:\GrpData\EngSvc\Forms\AG WORDWG-30A.doc Rev.May 18,2001 M`. 1� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN MATEO On January 4,2007 before me, Debra Hamilton Notary Public personally appeared, Tames Pollart personally known to me-OR- ❑proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies) and that by his/her/ their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s) acted,executed the instrument. WITNESS my hand and official seal. DEBRA HAMILTON Comm.#1553948 'n {�•" 2 NOTARY PUBLIC-CALIFORNIA VI r San Mateo County My Comm.Expires Feb.19.2�k NOTARY PUBLIC SIGNATURE (SEAL) COUNTY OF CONTRA DEPOSIT PERMIT �. . OFFICEWOF COUNTY AUDITOR CONTROLLER . +: MARTINEZ;CALIFORNIA '` Sl TO THE TREASURER RECEIVED FROM Y PUbIiC_,WoF S, ORGANIZATION NUMBER 650 (For Cash Collection Procedures:See County A"dministratoi's,Bulletin 105.) DESCRIPTION FUND/OR SUB. TASK OPT10h ACTIVITY AMOUNT** :. f: ACCT $ Sales Tax> 100300 0637 .3.4:64 Sale,of;,Prints'• 00453.6! 993.1 REV` 660085 „ . 100 3U: : Sale of plans'2&•Specs - 004500 6A0196 105 30: Sale ofiPnnts. 004530 6A0026 . 219 55,' Piemtii'm Bllling 000651 9105 6L085C 272 00 Corner Records 9666 6LO88D.... 40 00 DA02 00015 D`ratna,ge,insp Ext 6L076B DA03,00019,Landscape Ext a- .3 3 ai ago -33ainage. Insp Ext 400 .,...r 4.'r+s A+a '"l; x,+p �' ,",..:.+.-.. ,.,r .'; .:o•., s .. , r+ '._,.5 `aS.. i,rrTs io- :r,•'., a. .._ ._. - . .. ,{.:..... DA03 00028..: 4000`0 DA 03 00019Drainage Insp E :: 400:00`^ Dk 03,-00033Lantlsca0e insp Ext 400 00 r:�. RA03,01151 'Road,Imp Ext°. . 40`'000 .; DA0200.016 L'andscape`Ezt 250 00 v RA02-01130,.Roatl imp Ezt 500:00 .: 4V fV DA 04-00044^dlrainage ImpAgmt:Ext 400.OQ Explanation TOTAL $ ACctn'g :612204411 •G1220466 DEPOSIT „, 96;356.01 : Deposit corisistsof the followirig iterims Re°cords G1204108'61204122 :, LCOS land CURRENCY $ 11184 9419, cs 61220292 6122032/ Voids 61220311-G1220313,G1220310.; ci<s,M.-O.,ETC. $ 96;. 6; 17 ,u Invoices ;912598,912600,912605,912379,912459,`912511,912451,912567 BANK DEPOSITS.'., $ ;,• FORAUDITOR--CONTROLLER-USE ONLY 912569,•912573,.,912504, 912575,912577,912587,912588,:912593,,. DEPOSIT” PERMIT DP 0/7 BA'S395 1192,98,,32335,32906, 14465,33199, 33179,30485,33839,30088 NUMBER DATE 30935,32910,28123;31782,30823,29550;296: 32503; 32520;32548;32840 Ass1,6ivED „- The""amount of money descnbed'-above is:for "`° `:' tirTi" urer s receipt of'above aiiiount is` Receipt of above amount Is'hereby acB'riowledged. t�ss:;ltlttta-the aun reasury geed 4� � t`rrt,ir' l Date It i t 7 LAf Signed: Signed: Tr Al t.a:lr,;:,r..,.^EXT. „.< :.. . .,,.. De County Audkor, Deputy County Treasurer- .. D 34� R �:b,�7-Q9 S, JC, , 7"FSGDD� ., - e 1.- .., ,. - .. .. 3 ':.:W rYr<a•,mttK'..:.�!1'A:Sr\Y=" r COUNTY OF CONTRA DEPOSIT PERMIT ' OFFIC F COUNTY AUDITOR CONTROLLER MARTINEZ,CALIFORNIA TO THE,TREASI)RER RECEIVED FROM V. '� PUblIC 1NOrk$ ORGANIZATION NUMBER.; 650 (Fo'r Cash Collection Procedures.See County:Administrator's Bulletin 105.) DESCRIPTION FUND/OR- SUB, TASK_ OPTIO ACTIVITY` AMOUNT' ` .. :.. � ACCT' ,, . MS 03 0,;0018 A. Ext Late Fee 000651 : 9660. REV,, 6L0,078. ;1,306 Z.; f 001. FS•05 00050„ BA 31'192 6L83PV ;3;459 63 SD99 08331 BA 9958 . 6L0072 . : 808at0•< 1 DP06 03027,,BA 32335 _- 003520: 5B0014. .,: 122784 LP06 02047.8A 32906.: 59060C "147.29;: 3.'?i•>XrYJ M �7nFffiFYrc�f4i� Tz,1y '�.!k,;,„ r:-:., . f.;; ... ._ , ..,:TNx .. : .., ..,:: 5 '.::'r -:;a: t.F ti�ri�}w ..�, -. .F:,. J'e•.+'.•lt1.�3F a><+ifr t, 0`026"02009 BA 14465 . 560.029...: 248 T,PY0600037 BA 99, 5B051X 10 7,4 LP06 0205,4,.BA 331-79 5B0026, 432.81 •i:" t roShvfiP w»y^nr1 x ..t .i,,:.:,t , "S :c.. g3n.,, Y _. ,t, `#ri$ti a7. :-x'.F; i a< ,r:::: �. u,«) Y"R3''#!i;`t I.i •e MS05 00030 BA 30485 5B0034 .485,22J ZI06 116;12 BA'33839 5B0.606 1 X721 78'`TA AP05 004"S 30088_..... ._ .. 5BOv Op►;.- 2 .tmX1ELT ',t'L+M•a3W.YQ"^7.rLY*cid¢+� 'y. Y l..'i:Y.;^ J ,e EF05 00624`„BA 30935 000651: 6L083A MS 06 00'027 0A 32910 6LOU36 X74'r 6L0036, 662:26•, :' ti�r.` � ..r: ....,::'. '�✓:.•�.? .[' ;:n Yyn,q.k'Fk i .aw ;v1 ....1 + n }141, EF04 00636„BA 28123 „ mom: 6L0,83B' 457 21 Ezplanat�on m fTOTh,6. $ BA'S 331;03; 33213,33225;'33405;"33016;'29979; 3004:5, 31.31`" DEPOSIT Deposit consi ts.of the following Items w_ 32290,9969, 14538, 1.4562,21842,.27571, 3343,28511,28912, 31339, 33126, COIN and CURRENCY $_. � - 33049.; i �,� t �{ ,. ,� ,3.,..n; _:. a-•.; f CHECKS,M!O,ETC. $_ :BANK DEPOSITS FOR.AUDITOR:CONlROLLER USE ONLY _DEPOSIT. ERMIT DP1� .. NUMBER' / y DATE ASSIGNED , The amount of:money descnbed above is'for "'' "' reasurer s ieeeipt of above amount is "Receipt of atiove.amount Whereby'acknowledged. epos t into the county Ireasury .t..Date Signed Signed: Tkle.,;n S,�e::.:'-,-a,EXT..+ xa,..:a Deputy County Audkor, :De County,Treasurer_,., D<34 Rev..(7-93); a __ COUNTY OF CONTRA COSTA 69P6SIT PERMIT } OFFICE-GF COUNTY AUDITOR-CalUTROl.LER , x MARTINEZ,CALIFORNIA { TO THE 'REASURER: RECEIVED FROM w } U1?11G,Works, ORGANIZATION:NUMBER, _ 650.: (For"Cash Coliectron Procediaies See County'Adrri'inistratb>?s Bulletin 105;} DESCRIPTION: OUND/OR SUR TASK oPTiO ACTIVITY AMOUNT •= ACCT _ EF•04=00636 .BA,2$123 :< 000651 ,9660 REU 6L083A. [3P06-03003, BA 31782 003520 SB.0014 , . 250 00.: :. 00065.1 6L0014, 250 a0 M „h05 00038 BA,30823 003520. ,. i 539$$a oao65rt 6003 ;: 276,53 MS05=00019•iBA,29550 .: 003520 . 560034.: 41,7;44' =+x� .{, Qc 000651 6L034.; 1,406 71,t. SD05 08938 BA 29&4fi 00352t} . ...., .. , .•.. . . y,.,.:: .. ,::.. 560040:.. 10,550 23 t 000651 ,.w,. 6L0 40 5 t5+a 23 ,r 1 a, DP06 03034 BA 32503,,_,; _., 003520 5B03fiX.: 12448 SUO,fi Q0012„.BA �a uk s a, �',74'AAr � 'v�ttt �.A;cx t ,..,. ,...:.., ..::;. „:: � `,.✓,,,¢;. aa}vF i�w'&..liA yx.� _ ,JktM'. .y541+:�i' MS06 00023 BA 32840 Q00651 6L0034 : 230 44 ilROfi 01,x58 BA 331:03 :003520 56044X;` 89£Ttf TP06-00038'i A33213 56051 X 55:76$ •., ,; , a :tit � � . ' TP06 OtJ039 BA 33225 . x, Ex V. s a . 10 TOTAL 5B051X 10 Deposit ca`rtsists of the following iterims COIN and"CURRENT! $ CHECKS,.NLO.;'ETC. V$ t BANK DEPOSITS- r: FQRAUDlTt?RCONTROL"LERUSE;ONLY, - DEPOSIT j PERMIT NUMBS R t DATE,~ The , 01 of money=described abovo is"for . `"'`` aasurei's�eceFp6of:abovs amount ts''` Reaefpt of'above amauof'is'hereby acknowledged. epos nto a 'ounty reasury Stg eH l.':!r P; 9tr:. Da#e J Stgnecl: ._ gned:7 :. Title r$.,(,.u.k : .;EXT. ...< �;.4.+w� .1•. ...,.:,. .•:. .. _ De ount Auditor De County Treasurer., ,. D-341.Rev. COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE"OF COUNTY AUDITOR CONTROLLER MARTINEZ, CALIFORNIA TO EA ' 'RLR: �• RECEIVED PUb�IC,WOrks ORGANIZATION NUMBER . . 650 7.7 tyrpnl�—Fflj _. ..._. .. :. ..... .:. ... :: .: . , :: -�::. (For Cash Collection Procedures-See Gourity*Administrators,Bulletin 105:) DESCRIPTION.. FUND/OR SUB` _TASK OPTIO " ACTIVITY AMOUNT TP08 00044 BA 33405 003520 9660 REV 5B051X VR06 01;054 "BA 33016 ; . 58044X:. 273 80 SD050. 08986 BA 29979 590033 r, MS05 00024„BA 30045 .' ;, 560034 ...: .. t. 'SD05 08769 BA31319 560033'_.:,. .3;855.86.;; LP05 02058 BA 30510` 580026 15T 02 dj�:WYf,� 1''{1.6 � •..,�,5 �N._;_ .: .. .; -:f J-+[:W ,. .-_T ,,, (t ALX �. �-_�71^aiS$.;•»,.11:, SD06 01x106 BA 32290. 000651. 6L0;033;.: 1;750.57::.. SD99 08382 BA 99`69 6L0.072 .. .. . .w 14-2 50 M'S96 ;007.• 'BA 14538 6L0078: 00 •� � a.,,�ry a i” h 1 �.tra�z to r �,.---, ,.. ..,t. Y. r .,, .'.:1:..;°' ._tc:•:; n:r,r 1 ,¢Y.:9i;+ E��: -..gas n+�atp,.g4 q 'c -vv� •y,..-. '.^v t-.S.t�•+dq�a r �'S<'�,`.1;4::r SD00 08458..BSA 14562 0`03520 5B060C 62 38. DP02 03052 BA 21842 000651 6L080A 902'50;: a �u� � a eau la a 7; s:.R 2r,4aiiy. DG04 00044 BA 27571 _ 6L085K 409:36 r k"1f17) Rli+SSli7 i TT" 5{7 lie '%. hf' t1 ,' ..: v =.1 FL N..tlGM:t'.�r r..2 i t -a:Y. "t'tY'1•.t a YTJ6�2'� RA0401'173 BA 28511 . 6L081_C 220:_47; SD04=08023 BA 28912 6L0077' 429:44 .i:." X. 41 F .... r1.,: 6L081 G 129 36 Explanation TOTAL $ �OSER ` 'T Deposi t consistsbf tfie following Iterns,'r COIN and CURRENCY... $..;.:• -77 •F' 2� -L'r"•'2 i CHECKS MO,ETC. I $ BANK DEPOSITS., $, F.OR AUDITOR=CONTROLLER<USE'ONL'Y.; ...DEPOSIT PERMIT DP NUMBER f DATE 'ASSIGNED The`amounf of'money rlescribed'above is'for - easurer's receipt of above`ainbdi t W'-'' Receipt'of above'amount Is,herebyacknowledged"' epos. to fhe Coun _ reasury 9 Date I 1l'1 f , Signed: \ SI gned: SEXT: ✓ ,. ,.. Deuty County Auditor ' Deputy Count .Treasurer , -COUNTY OF CONTRA-C STA DEPOSIT PERMIT e OFFIC0F COUNTY AUDITOR CONTROLLER `I -` MARTINEZ",CALIFORNIA ` TO THE TREASURER: RECEIVED FROM P.0C W0,1'kS, ORGANIZATION NUMBER 650. (For Cash Collection Procedures See County AdrninistratoYs Bulletin,105.)' e ',DESCRIPTIONFUND/OR._ SUB TASK OPT-IONACTIVITY AMOUNT`` ` . ACCT. r SD05 08957 Bio 313, 9 . 000651. 9660' REV; 6L0077 11 18 . SR4BA 06 T94=SR4 PMT 007862; 9755: 6X4409 16 00 ` SU06 00019 BA 33126 003520' 9660: 5B027A22.14 5B F033 SD06 09054 BA 33049 :.. , :.0 300 0'8;', 000651. :: 6LOQ68 : 1826 01'`, SD06 09055 BA 33049003520 5B0033 4;196 15; .Y:t�ta Y cStGL L A 7 .;:1 .. ( 4,.; -Y. t .:.'.€•a s rrrh:'t� t.:. 4-.. :.. 4 1 .,N>1`,:!I 000651. 6L0033 259 51:;; SD06 09056- BA 33049... .. :;. 003520: 560033 3;416 0.8 66 000651: 6L0033 . -. .334; :; .: ., '°K 11bj�;,1;: J._j fir.: i,t> s-.. .... +•x4lt�, ..k l'.Vt. a Trust Funtl 000649 9665 819800'' 0800 : 8;020 00` is .. '• a s,,,a?,..ca �acv-rvx +.. '.�rh: ..-,�..w^h,l tr:..-?' 7',.+'u7aw'y,14 Explanation TOTAL DEPOSIT a -c• .. r.,a,..:A .. . ,:.� "' .• ,_.. ,;,... Deposit consists of thb fiillowinA:itern§•• COIN and CURRENCY.Al CHECKS M.O.,ETC. $. �.-. BANK DEPOSITS FOR"AUDITOR-CONTROLLER-USE ONLY DEPOSIT {� PERMIT: . DP i NUMBERr - DATE ASSIGNED The amount of money discnbed above is for '' Treasu er's receipt ofatiove amount is Recetptii9f:above.aniaunf is'"Hereby ackriowleiigeil -- -Lire os tanto the ounty Freasury — Signed Date`.' 1 ;•/ !i� Signed Signed- 'Tit ;'41.p[ .::...:.......EXT w .w f 7a. _ .. Deputy County Auditor • Deputy County Treasurer.., D-34 Rev.(7-93)' Qf 0649-9665/ 112300: 61220292, $13,734.00, SD 03-8791, Plan Check, Appian Way Sunrice, LLC , 164 Oak Rd., Alamo, CA 94507 0649-9665/ 112300: 61220297, R53163,$ 500.00, Record of Survey Review, DeBolt Civil Engr, 811 San Ramon Valley Blvd., Danville, CA 94526 0649-96651112300: G1220298, 853162,$500.00, Record of Survey Review, DeBolt-Civil Engr, 811 San Ramon Valley Blvd., Danville, CA 94526 0649-9665/ 112300: G1220299, R53161,$500.00, Record of Survey Review, Moran Engineering, Inc., 1930 Shattuck Ave, Suite A, Berkeley, CA 94704 0649-9665/ 112300: G1220308, R53164,$500.00, Record of Survey Review, Kier & Wright, 3350 Scott Blvd., Bldg 22, Santa Clara,SCA 95054 0649-9665/ 112300: G1220309, M503-00018,$1,000.00, Additional Deposit, Ted Liu, 4045 Balfour Ave., Oakland, CA 94610 0649-9665/ 112300: G1220317, DA 04-00044,$2,000.00, Storm Drain Crossing Insp, Danville Tasaajara Partners, LLC, 6121 Bollinger Canyon Road, Suite 500, San Ramon, CA 94583 0649-9665/ 112300: 61220318, RA 05-1206, $7,396.00, Landscape Inspection Deposit, O'Brien At Pacheco, LLC, 950 Tower Lane, Suite 1250, Foster City, CA 94404 819800-0800: G1220318, $1,000.00, RA05-1206, Cash Bond, O'Brien At Pacheco, LLC, 950 Tower Lane, Suite 1250, Foster City, CA 94404 819800-0800: G1220319, $7,020.00, RA05-1206, Cash Bond, O'Brien At Pacheco, LLC, 950 Tower Lane, Suite 1250, Foster City, CA 94404 Belmont Terrace Subdivision: No: 0442413Bond i Premium $1,022.00 Any claim under this Bond should be sent j x1575lTfeatss131vd. Suite 208 Walnut Creek, CA 94596 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT i (Performance,Guarantee and Payment) (Gov.Code,§§66499-66499.10) 1. RECITAL OF SUBDIVISION AGREEMENT, The Principal has executed an agreementwith the County of Contra Costa(hereinafter'CounV)to install and pay for street,drainage and other improvements in Subdivision as specified in the Subdivision Agreement,and to complete said work within the time specified for completion in the Subdivision Agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said subdivision. i Under the terms of the Subdivision Agreement,Principal is required to furnish a bond to secure the faithful performance of the Subdivision Agreement and payment to laborers and malerialmen. *Belmont Terrace 2. OBLIGATION. O'Brien at Pacheco, LLC a California limited liability company ,as Principal,and j International Fidelity Insurance Company a corporation organized and existing under the laws of the State of New Jersey and authorized to transact surety business in California,as Surety,hereby jointly and severally bind ourselves,our heirs,executors, administrators,successors and assigns to the County of Contra Costa,California to pay it Eighty Five Thousand Two Hundred and N01100 85,200.00 (A. Performance and Guarantee) Dollars($ 1 for itself or any city assignee under the above Subdivision Agreement Forty Three Thousand One Hundred and No/1 0 43,100.00 (B. Payment) No/1%0 ($ )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. This obligation is subject to the following condition. A. The condition of this obligation as to Section 2.(A)above Is such that 9 the above bounded Principal,his or Its heirs,executors,administrators, successors or assigns,shall In an 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 his or their part,to be kept and performed at the time and in the manner therein specified,and in an respects according to their true intent and i 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 shalibecome null and void;otherwise it shall be and remain in fun force and effect j As part of the obligation secured hereby and In addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees, Including reasonable attomey's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,and to be taxed as costs and included in any Judgment rendered. i B. The condition of this obligation,as to Section 2.(B)above,is such that said PrkA*. i and the undersigned as corporate surety are held firmly bound I unto the County of Contra Costa and all contractors,subcontractors,laborers,materialmen and other persons employed in the performance of the aforesaid Subdivision Agreement and referred to in the aforesaid Civil Code for materials fumished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Ad with respect to this work or labor, and that the Surety will pay the same in an amount not exceeding the amount herefriebove set forth,and also in case suit is brought upon this bond,will pay,In addition to the face amount thereof,costs and reasonable expenses and fees,Including reasonable attorney's tees,incurred by the County of Contra Costa(or city assignee)In successfully enforcing such obligation,to be awarded and feed by the court and to be taxed as costs and to be Included in the judgment 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 Cbrn Code,sops 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,than this obligation shall become null and void;otherwise it shall be and remain In full force and effect C. No change,extension of time,alteration,or addition to the terns of said Subdivision Agreement or the work to be performed thereunder or any plan or specifications of said work,agreed to by the Principal and the County of Contra Costa(or city assignee)shall relieve any Surety from liability on this bond;and consent is hereby given to make such change,extension o1 time,alteration or addition without further notice to or consent by Surety;and Surety hereby waives the provisions of Civil Code Section 2619 and holds itself bound without regard to and independently of any action against the Principal whenever taken. SIGNED AND SEALED on December 26 20 06 O'Brien at Pacheco, LLC, a California Principal:1;mi od 1;ah;i;ry rompany * Surety: International Fidelity Insurance Company Address: 950 Tower Lane, Suite 1250 Address:1575 Treat Blvd. , Suite 208 Foster City, CA 94404 Zip: Walnut Creek CA Zi : 94596 *By: The O'Brien Group, a California corporation its Managing em B : er B . Print Name: aV4K F, W, Print Name: Erinautista Title: Title: Attorney-In-Fact [Note:Ail signatures must be acknowledged. For corporations,two officers must sign. The first signature must be that of the chairman of the board,president,or vica-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.)] Form Approved by Counly Counsel (Rev.91031 H}FInriPW%SubAglmpseceond.8.07.wpd CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF SAN MATEO On January 2,2007 before me, Frances Gould,Notary Public DATE NAME&TITLE OF NOTARY PUBLIC personally appeared, Caryn E.Kali personally 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 capacity and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNE S my hand and official seal. FRANCES GOULD Commission#t 1586477 61W Notary PubIiC-COftff aSan Mateo County Comm.Expires Jun 10,24 NOTARY PU IC SIGNATURE (SEAL) California All Purpose Acknowledgment State of California County of San Mateo. On December 26, 2006 before me, Jean L. Neu, Notary Public Date Name&Title of Officer/Notary personally appeared Erin Bautista Names(s) of Signers(s) personally 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 capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. JEAN 1.NEU WITNESS my hand and official seal. CommMon# 1626828 Notary Ktft-Caufon l Son Moteo county - 0MVC0M.Pplo-Drc 21.20 Notary Public -- --- ---------------------------=-OPTIONAL ---==-_---___---___-----__--------_------- (The information below is not required by law) Description of Attached Document Title/type of Document Date of Document No. of Pages Other Signer(s) h:\docs\surety\forms\notary.doc Tel(973)624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE:ONE NEWARK CENTER,20TH FLOOR NEWARK,NEW JERSEY 07102-5207 FOR BID BOND/RIDER/CONSENTS/AFFIDAVITS KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing laws of the State of New Jersey,and having its principal office in the City of Newark,New Jersey,does hereby constitute and appoint ...................................................................................................................................................................................................................................................................................... BRYAN D. MARTIN, B.A. POITEVIN,JEAN L. NEU, ERIN BAUTISTA Redwood City, CA. ......................................................................................................................................................................................................................................................................................:: its true and lawful attorneys)-?n-fact to execute,seal and deliver for and on its behalf as surety,an and all bonds and undertakings,contracts of indemnity and other writings obligatory m the nature thereof,which are or may be allowed,required or pemtttted by law,stamro rule regguulation,contract or otherwise and the execution of such msmhment(s) in pursuance of these presents, shall be as bin mg upon the said IIVI1GRNe�TIONAL FIDELITY INSURA�iCE COMPANY,as fully and amply, to all intents and purposes,as if the same had been duly executed and acknowledged by its regularly elected officers at its P. cipal office. This Power of Attorney is executed,and may be revoked pursuant to and by authority of Article 3-Section 3,of the By-Laws ad ted by the Board of Directors of INTERNATIONAL FIDELITY ITISURANCk COMPANY at a meeting called and held on the 7th day of February, ?S4. The President or any Vice President,Executive Vice President,Secretary or Assistant Secretary,shall have power and authority (1)To appoint Attorneys-in-fact,and to authorize them to execute on behalf of the Company,and attach the Seal of the Company thereto,bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and, (2)To remove,at any time,any such attomey-in-fact and revoke the authority given. Further this Power of Attorney is signed and sealed by facsimile ursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. TY/orf IN TESTIMONY WHEREOF,INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be o�lG signed and its corporate seal to be affixed by its authorized officer,this 29th day of August,A.D.2003. SEAL r" INTERNATIONAL FIDELITY INSURANCE CO 9�,�►, STATE OF NEW JERSEY 1904' �p County of Essex Secreta On this 29th day of August 2003,before me came the individual who executed the preceding instrument to me ppeersonallyy known and, being by me duly w sorn,said the he is the therein described and authorized officer of the WMRNA71ONALELITY fNSURANCE COMPAN$;that the seat affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seat and his signature were duly affixed by order of the Board of Directors of said Company. OAR QL IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal, at the City of Newark,New Jersey the day and year first above written. O NOTARY t� PUBLIC JERS� A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov.21,2010 I,the undersigned officer of 114'1ERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Section of the By-Laws of said Company as set forth in said Power of Attorney,with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect IN TESTIMONY WHEREOF,I have hereunto set my hand this 26th day of December, 2006 Assistant Secretary RESOLUTION I, Dennis O'Brien, President of THE O'BRIEN GROUP, a California Corporation, do hereby certify that the following is a true and correct copy of a Resolution passed by the Board of Directors of THE O'BRIEN GROUP on February 1, 2000. "RESOLVED that Charles K. Schoenberger, Senior Vice President of this Corporation, is authorized to execute any and all documents on behalf of this Corporation." Dated: C)0 Signature: ---� Dennis O'Brien RESOLUTION I, Dennis O'Brien, President of THE O'BRIEN GROUP, a California Corporation, do hereby certify that the following is a true and correct copy of a Resolution'passed by the Board of Directors of THE O'BRIEN GROUP on October 14, 2002. "RESOLVED that James F. Pollart, Vice President of this Corporation, is authorized to execute any and all documents on behalf of this Corporation." Dated: ;L Signature: Dennis O'Brien Y , RESOLUTION I, Dennis O'Brien, President of THE O'BRIEN GROUP, a California Corporation, do hereby certify that the following is a true and correct copy of a Resolution passed by the Board of Directors of THE O'BRIEN GROUP on November 4, 2002. "RESOLVED that Penny Taylor, Assistant Secretary of this Corporation, is authorized to execute any and all documents on behalf of this Corporation." Dated: i I"L4 Signature. ---� —� Dennis O'Brien RESOLUTION I, Dennis O'Brien, President of THE O'BRIEN GROUP, a California Corporation, do hereby certify that the following is a true and correct copy of a Resolution passed by the Board of Directors of THE O'BRIEN GROUP on September 3, 2002. "RESOLVED.that Larissa Abeling, Vice President . of this Corporation, is authorized to execute any and all documents on behalf of this Corporation." Dated: '3-©02- Signatur.ff* 2 -- Dennis O'Brien RESOLUTION I, Dennis O'Brien, President of THE O'BRIEN GROUP, a California Corporation, do hereby certify that the following is a true and correct copy of a Resolution passed by the Board of Directors of THE O'BRIEN GROUP on February 1, 2000. "RESOLVED that Stephen J. Zales, Executive Vice President of this Corporation, is authorized to execute any and all documents on behalf of this Corporation." . Q Dated: - I -C7 Signature-��,>-, Dennis O'Brien RESOLUTION I, Dennis O'Brien, President of THE O'BRIEN GROUP, a California Corporation, do hereby certify that the following is a true and correct copy of a Resolution passed by the Board of Directors of THE O'BRIEN GROUP on June 27, 2001. "RESOLVED that Caryn Kali, Chief Financial Officer and Treasurer of this Corporation, is authorized to execute any and all documents on behalf of this Corporation." Dated: (o a--7=0 I Signature: —�,��--�'