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MINUTES - 10072008 - C.4
I TO: BOARD OF SUPERVISORS '__—,, —__ Contra FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR Costa DATE: October 7, 2008 �o r - .• � r '65County ST'Q 11K•� SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 04-08830, Bay Point area. (District V) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ CCO approving the Final Map and Subdivision Agreement, for Subdivision 04-08830, for project being developed by Foxwood Community, LLC, Bay Point area. (District V) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The applicant has satisfied their conditions of approval necessary for recording the Final Map. CONSEQUENCES OF NEGATIVE ACTION: The Final Map and Subdivision Agreement will not be recorded. Continued on Attachment: SIGNATURE: )�"y� G��/GG/��*�✓ RECOMMENDATION OF COUNTY ADMINISTRATOR ECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE (S): ACTION OF BOARD ON BO APPROVED AS RECOMMENDED OTHER I hereby certify that this is a true and correct VOTE OF SUPERVISORS copy of an action taken and entered on the ✓ UNANIMOUS(ABSENT_2 ) minutes of the Board of Supervisors on the AYES: NOES: date shown. ABSENT: ABSTAIN: KDJc //���" p� G:\EngSvc\60\2008\IO-07\SD04-08830 BO-21 FORM.docx ATTESTED: 9W,0�C.,/ iv?, o2 4104f Originator: Public Works(ES) Contact: Monish Sen(313.2187) DAVID TWA, Clerk of the Board of cc: Supervisors and County Administrator Public Works—K.Guruwaya,Construction Current Planning,Department of Conservation and Development T—August 7,2009 Foxwood Community,LLC 333 Civic Drive By eputy Pleasant Hill,CA 94523 Atm:Reed Orate Developers Surety and Indemnity Company 2999 Oak Road,Suite 420 Walnut Creek,CA 94596 Attn:John Daly Old Republic Title Company .1000 Burnett Ave.,Suite 400 Concord,CA 94520 Attn:Donna Jones THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 7, 2008 by the following vote: AYES: SUPERVISORS GIOIA, PIEPHO, BONILLA; AND GLOVER NO: NONE ABSENT: SUPERVISOR UILKEMA ABSTAIN: NONE RESOLUTION NO. 2008/ 6Gd SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 04-08830, for project being developed by Foxwood Community; LLC, as recommended by the Public Works Director, Bay Point area. (District V) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 04-08830, property located in the Bay Point area, Supervisorial District V, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Foxwood Community, 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: I hereby certify that this is a true and correct copy of an KDJc action taken and entered on the minutes of the Board of G:\EngSvc\BO\2008\10-07\SD 04-08830 BO-21 FORM.docx Supervisors on the date shown. Originator: Public Warks(ES) Contact: Monish Sen(313-2187) �j Public Works—K.Guruwaya,Construction ATTESTED: (L/ ZP7G'e, 49?, 9ao � Current Planning,Department of Conservation and Development DAVID TWA, Clerk of the Board of Supervisors and County T—August 7,2009 Administrator Foxwood Community,LLC 333 Civic Drive Pleasant Hill,CA 94523 Attn:Reed Coate Developers Surely and Indemnity Company By , Deputy 2999 Oak Road,Suite 420 Walnut Creek,CA 94596 Attn:John Daly . Old Republic Title Company 1000 Burnett Ave.,Suite 400 Concord,CA 94520 Attn:Donna Jones RESOLUTION NO.2008/ tr Go SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 04-08830, for project being developed by Foxwood Community, LLC, as recommended by the Public Works Director, Bay Point area. (District V) DATE: October 7, 2008 PAGE: 2 A. Cash Bond Performance amount: $13,600.00 Auditor's Deposit Permit No. 504062 Date: June 3, 2008 Submitted by: Foxwood Community, LLC B. Surety Bond Bond Company: Developers Surety and Indemnity Company Bond Number: 721967S Date: April 3, 2008 Performance Amount: $1,341,500.00 Labor& Materials Amount: $677,550.00 Principal: Foxwood Community, LLC I11. Tax Letter Letterfrom the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2007- 2008 tax lien has been paid in full and the 2008-2009 tax lien, which became a lien on the first day of January, 2008, is estimated to be $34,200.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Financial Institution: Developers Surety and Indemnity Company Bond Number: 722490S Date: July 8, 2008 Amount: $34,200.00 Submitted by: Foxwood Community, LLC NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement, is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does hereby reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOL UTION NO. 20081 "4 f 1 big 4 aUSR 4i5 F a a (� d�a s V "og kiIAt. ,ty Ac Z F CD 4) 1100, 16 16 iv x g� i+t ilg� G V p 14 S g L✓ ie�5'48 g 2 gc5j`b 'b , pi y ilMIN i I ad k R IAS8 � It vft ryY4,� Y W'ti is to 2k4D ��e gb �kil i �N Oq Q��jj Qq'��kfffyyy q$.� 9Fj§yl�yYj� gjpJ � YS 'ItA tit g et vtr �� � � ` ��� A ag � gS N W LG4 �� yt 13aN.yHl ;fl 54 '� yHt co t un age �, oJ,.- � 'l.` �' ,•.1 \\ , 12 3p ro r l o ISM;- 000 ,�'9.� o � s ®i &V� mg $ P iWit, ', P".•�.IQ ` `# g r v�y�yy�� � 16 • g w �y{C ID Jt { I o h - n Mti T ,_ s o ZS iy1 � '�lulW KL.i ' LL3 � Z � � ui�i ci vfW3 Cl) C YY v Wsrtot f,os.9s.ta ' I � R, Its � 3 .9 R,86AL.1V1 W $gym � W �+ W$ wool CL `QQ W a I to "St GTL4 .s a us r R ,j)j <S N - a c Zf ZtlSY.9ZASL4N �3 r " �,w.etla+ n ga�t�t RY FS co (1 Mlfl 19 s I— &.« LO 5 st (aT�9s.tsm9 P / ah + p s rl' , �TnCiss�s`uw± �3E � 1ao rr .// l�J .to'itt `+bar , t ^ 1t / a. fy9S.B£.teN '41¢ � (j�.7 i.d 'J' $��h '� gaC a /b, CC .� �ea E-�Y �f � x to s• r LL r 3 v s gn v� yv may' =b\ j� q"� y ( �.. toA^ N /y��,9��' \3C(B�X 4 n r a J ao�ONWI �ic�i 1 3 92} u SS � � �tgfStT'f(91 � y d 88 1a�3./s.94.sn? F F� gS4 x:x st ka a /i.,)s s 00 \ \ NR \. „ il.: S R Ur 3 < U Y aBoil w$ 57 im 18 d VDZ N.Z£6t .,�_ LS cS3 u"t _ij°'8 �G, 7S rc F ess i'Sp .LAR! rr1 u '3"i'M 4'f OS .JAZ I QY /fe �!'' SEA A1.LSbt.lal � �Y� Aom.a a IS aRfaadT.(lTd.01 i OD mor @ `bt t ag i OD 0 Hill 0. 4 ~jOYIfOJ �+llJ0;su Jco Co ,,lit T. a �Y,'7�a x.77 3 LO e W (E NJJQ i A 11.LL.m'.ION 5d a << ma as 1z WSW aw I'm m Ul Ly a- tr) d l V 1' fib: •+ «85 \ , a r iil i— €�$�'� W tJ 4,4 DI SUBDIVISION AGREEMENT (Gov.Code,§§66462 and 66463) Subdivision: S O/ OBD p Effective Date: Qcfo h7! , Subdivider: roXWUod ILLn/nvNr' Ll-C� Completion Period: Z yew S THESE SIGNATURES ATTEST TOTHE PARTIES'AG EEMENT HERETO: T CONTRA COSTA COUNTY SUBDIVIDER Public Works Director �J \1 a R.%7A 7/ By: Print Name �U V,A Its S cz.V1_SO A EC MENDED FOR APPROVAL: Print Title U\l c h 0. -z T, . �-uX W 00Co �'tirru'n.r �i�r LLC By: Print Name ngm ng ervices lltpn Print Title FORM APPROVED: Silvan B.Marchest,County CounselN�OTE:All signatures must be acknowledged.If Subdivider is incorporated,the contract must W signed by two officers.The first signature must be that of the chairman of the board,president,or Vice-president;the second signature must be that of[he secretary, assistant secretary,chief financial officer,or assistant treasurer.(Cly.Code,§1190 and Corps.Code,§313.) CERTIFICATE OF ACKNOWLEDGMENT State of California ) ss. County of ) On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for personalty known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within Instrument and acknowledged to me thathe/shefthey executed the same in hismedtheir 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. Dated: Notary Public (Notary Seal 1. PARTIES&DATE.Effectiveon the above date,the Countyof Contra Costa,California,(hereinafter'County')and the above-mentioned Subdivider mutually promise and agree as follows concerning this Subdivision: 2. IMPROVEMENTS.Subdivider agrees to install certain road Improvements ilboth public and private),drainage improvements,signs,street lights,fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required in the improvement plans for this Subdivision as reviewed and on file with the Contra Costa County Public Works Department,as required by the Conditions of Approval for this Subdivision,and in conformance with the Contra Costa County Ordinance Code,including future amendments thereto (hereinafter'Ordinance Code'). Subdlvidershafi complete said Improvements(hereinafter'Work)within the above completion period from dale 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 orsuperiorto 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 govem. 3. IMPROVEMENTS SECURITY.-Upon executing this Agreement,the Subdivider shag,pursuant to Gov.Code§66499 and the County Ordinance Code,provide as security to the County: A. Far Performance and Guarantee: cash,plus additional security,in the amount of$ 9W. which together total one hundred percent(100X)of the estimated cost of the Work. Such additional security is presented in the form of: Cash,certified check or cashiers check. Acceptable corporate surety bond. Acceptable irrevocable letterof credit With this security,Subdividerguarentees performance under this Agreement and maintenance of the Work forone year after its completion and acceptance againstany defective workmanship or materials or any unsatisfactory performance. B. For Pavmenl: Security in the amount:$ T7,S .40,which is fifty percent(50%)of the estimated cost of the Work:Such secudry is presented in the forth of: Cash,certified check,or cashier's check ✓ Acceptable corporate surety bond. Form Approved by County Counsel Acceptable irrevocable letter of credit. [Rev.91031 Page 1 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 orworkmanship 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,*Acceptari of the Ordinance Code. Subdivider agrees to correct.repair,or replace,at SubdNider's expense,any defects in said Work. The guarantee period does not apply to road improvements for private roads that are not to be accepted into the County road system. 5. 'PLANT ESTABLISHMENT WORK.Subdivider agrees to perform plant establishmentwork for landscaping Installed underthis Agreement Said plant establishment work shag 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 ba necessary to ensure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the Work as complete. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the Work are adequate to accomplish the Work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If,at any time before the Board of Supervisors accepts the Work as complete or during the one year guarantee period,said improvement plans prove to be inadequate.in any respect,Subdivider shall make whatever changes are necessary_to accomplish tfla Work as.promised.._... ._._—_----.----.--- 7. NO WAIVER BY COUNTY. Inspection of the Work and/or materials,or approval of the Work andlor materials or statement by any officer,agent or employee of the County indicating the Work or any pad 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. B. INDEMNITY. Subdivider shall defend,hold harmless and Indemnity the Indemnitees from the liabilities as defined in this section: A. The indemnifees benefitted and protected by this promise are the County and its special districts,elective and appointive boards,commissions,officers,agents and employees. B. The fiabilltles 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-Conditlons.The promise and agreementin this section are notconditioned ordependenton whether or not any indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this Work or Subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly from any negligent or wInful misconduct of any Indemnitee. 9. COSTS. Subdividersha0 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. it. NON-PERFORMANCE AND COSTS. If Subdivider fags to complete the Work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the Work,County may proceed to complete and/or maintain the Work by contract or otherwise and Subdivider agrees to pay all costs and charges incurred byCounty(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 N Subdivider subsequently completes the Work Should County sue to compel performance underthis Agreement or to 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 If Subdivider subsequently proceeds to complete the Work. 12. INCORPORATIONIANNEXATION. If,before the Board of Supervisors accepts the Work as complete,the Subdivision is included to territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,County's rights under this Agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city.Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this Agreement as though Subdivider had contracted with the city originally.The provisions of paragraph B(Indemnity)shall continue to apply in favor or the indemnitees listed In paragraph B.A.upon any such incorporation or annexation. 13. RECORD MAP. In conskleration 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 properly,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 farces,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.91031 HAFina8PW1W-SubAgmL9.03.wpd Page 2of 2 CALIFORNIA ALL-PURPOSE CERTIFICATE OF AKNOWLEDGMENT State of: California ' L County of: c&& , 0 e, , before me, S l� ►�U c (name and title o e officer) personally appeared C'.V 1 o Jq ASS who proved to me on the basis of satisfactory evidence to be the person-(s)whose name(s) is/ara subscribed to the within instrument and acknowledged to me that he/sheMey executed the same in hisAerftkeir authorized capacith#e*,and that by hisAefkheirsignature(ej on the instrument the person(e or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �W KRtBTEN DEMI WITNESS my h d and official seal N1 Ah Cart 6�tMr a� gnature of Pu lic (Notary Seal) =OPTIONAL INFORMATION= Information below is NOT required by law however may deter fraudulent removal of this form. Description of Attached DocumentCapacity Claimed by Signer(s) Number of Pages 7 ❑ Individual(s) Document Date: ❑ Corporate Officer ❑ Partner , Title or type of document ❑ Attorney-in-Fact ❑ Trustee(s) ❑ Other Additional information Subdivision: 8830 6 Bond No.: 7919675 SEA BREEZE II Premium: $1R.7R1 -00 SUBDIVISION 8830 Any claim under this Bond should be sent I9199ng0arss Road, $420 DUPLICATE ORIGINAL Walnut Creek, CA 94596 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance,Guarantee and Payment) (Gov.Code,§§66499-66499.10) 1. RECITAL OF SUBDIVISION AGREEMENT. The Principal has executed an agreement with the County of Contra Costa(hereinafter'County')to install and pay for street,drainage and other improvements in Subdivision ,0 as specified in the Subdivision Agreement,and to complete said work within the time specified for completion in the Subdivision Agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said subdivision. Under the terms of the Subdivision Agreement, Principal is required to furnish a bond to secure the faithful performance of the Subdivision Agreement and payment io laborers and materialmen. 2. OBLIGATION. FOXWOOD COMMUNITY, LLC as Principal,and DEVELOPERS SURETY AND INDEMNITY COMPANY a corporation organized and existing under the laws of the State of IOWA and authorized to transact surety business in California,as Surety,hereby jointly and severally bind ourselves,our heirs,executors, administrators,successors and assigns to the County of Contra Costa,California to pay it One Million, Three Hundred Forty (A. Performance and Guarantee) One Thousand, Five Hundred Dollars($ 1,341,500.00 I for itself or any city assignee under the above Subdivision Agreement Six Hundred Seventy Seven Thousand, (B. Payment) Five Hundred Fifty & No/100------- Dollars($ 677,550.00 ltosecure 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 if the above bounded Principal,his or its heirs, executors,administrators, successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided,on his or their 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 therefor,there shall be included costs and reasonable expenses and fees, including reasonable attomeys 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. 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,materialmen and other persons employed in the performance of the aforesaid Subdivision Agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to this work or labor, and that the Surety will pay the same In an amount not exceeding the amount hereinabove set forth,and also in case suit is brought upon this bond,will pay,In addl8on to the face amount thereof,costs and reasonable 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,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 rifle 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this oblgal on shall become null and void;otherwise it shall be and remain in full force and effect. C. No change,extension of time,atleration,or addition to the terms 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 of time,alteration or addition without further notice to or consent by Surety;and Surety hereby waives the provisions of 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 APRIL 3. 20 08 Principal: FOXWOOD COMMUNITY, LLC Surety;DEVELOPERS SURETY AND INDEMNITY COMPANY Address: Address: 2999 OAK ROAD, 11420 Zip: WALNUT CREEK,�C�A� Zip:94596 B By: Print Na e: �1fi7/B'S Print Name: ohm J Daley Title: Titre: Attorney-In-Fact [Note:All signatures must be acknowledged. For corporations,two officers must sign. The first signature must be that of the chairman of the board,president,or vice=president;the second signature must be that of the secretary,assistant secretary,chief financial officer,or assistant treasurer.(Civ.Code,§1190 and Corps.Code,§313.)] Farm Approved by County Counsel (Rev.91031 H9AndPMubApNpSw8ond.9.03.wpd CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of l_�VI-4t Onhyr'd a,200-9 beforeme, DlonQ �— C `��i52� No4-o ►"l PUbIIG , (Here insert name and title of t4 officer) personally appeared I ave 66ms©YI , who proved to me on the basis of satisfactory evidence to be the person(j6 whose name(A is/are subscribed to the within instrument and acknowledged to me that he/sheftlfy executed the same in his/herheir authorized capacity(ijor), and that by his/hen4heir signaturek)on the instrument the personvl or the entity upon behalf of 'which the person) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Cortt►�tlat 116ti23JJ Notary Pudic•Cagtorrtla WITNESS my hand and official seal. � contra costa Cotmty " tNy Comm.Exphee Jul 16,201 Signature of Notary Public U (Notary Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly.completed and attached to that document. The only exception is if a document is to be recorded outside of California./n such instances,any alternative (Title or description of attached document) - acknowledgment verbiage as may be printed on such a document so long as the verbiage does nor require the notary to do something that is illegal for a notary in California (i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required Number of Pages Document Date • State and County information must be the State and County where the document g signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms.by crossing off incorrect forms(i.e. ❑ Individual(S) ke/sheltkey,is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear,and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) ? Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact > Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other 4 Indicate title or type of attached document,number of pages and date. ti Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.NotaryClasses.com • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 6 STATE OF CALIFORNIA County of CONTRA COSTA On JUNE 4, 20.08 before me, L.B. BARNETT, NOTARY PUBLIC Date Here Insert Name and Tltle of the Officer personally appeared JOHN J. DALEY Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(*whose name(* is/are subscribed to the within instrument and acknowledged to me that he/@Fie/trey executed the same in his/heeftefr authorized capacity(ioe), and that by his/hw/theif signature(*on the instrument the person(@), or the entity upon behalf of which the person(&) oL. B. BARNETT acted, executed the instrument. �� COMM. #1535698 c7 m NOTARY PUBLIC-CALIFORNIA I certify under PENALTY O ERJURY under the laws of • CONTRA COSTA COUNTY the State of California th t foregoing paragraph is true ,1 FOAM' My Comm.Expires Dec. 17,2008 and correct. Witness my h d EA se Signature ti Placa Notary Seal Above gnat of Notary 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 form to another document. Description of Attached Document Title or Type of Document: BOND NUMBER: 721967S Document Date: APRIL 3, 2008 Number of Pages: ONE (01) Signer(s) Other Than Named Above:_ N/A Capacity(ies)Claimed by Signer(s) s Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner-❑Limited❑General ❑ Partner—❑Limited❑General Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator 1pof ❑ Guardian or Conservator To7thumb ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: DEVELOPERS SURETY AND INDEMNITY r.nMPANY 0 2007 National Notary Association-9350 De Soto Ave.,P.O.Bax 2402-Chatsworth,CA 91313.2402-www.NatlanaiNotary.org Item#5907 Reorder:Call Toll-Free 1',800-878.8827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that as except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***John J. Daley, Lin Barnett, Kenneth J. Goodwin, jointly or severally*** as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(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 resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. 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 attorney(s)named in the Powers of Attomey to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations 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 certficate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations 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 and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st,2008. By: �C`�r_/ /Grc� o���.,ANO. iyo., ONPANVO� Stephen T,Pate,Senior Vice President :NJ�`oµPOngl�Fy� �G OPPOgq�� eco( OCT OCT.5 T BY '-o'- 1936 :o W 1987 Charles L.Day,Assistant Secretary `? ''.., a O O �Q 2 '•.7�0.,�OWP,,.ra.L£o 2 qC IFOFa d State of California "'•,...... County of Orange On January 1 st 2008 before me, Christopher J.Roach Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T.Pate and Charles L.Day Name(s)of Signer(s) who 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 helshelthey executed the same in his/herltheir authorized CHRISTOPHER J.ROACH capacity(ies),and that by his/her/their signature(s)on the instrumentthe person(s),or the entity upon behalf of @My which the person(s)acted,executed the instrument, COMM.#1745939 :ENOTARY PUBLIC CALIFORNIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is ORANGE COUNTY t�a true and correct. oomm.w0ms May 19,2DI I No WITNESS my hand and official/seal. Place Notary Seal Above Signature Ch' erJ.Roach CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,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 resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 3rdday of APRIL 2008 Albert Hillebrand,Assistantecreta5 ry� ID-1 380(Wet)(Rev,07107) ['VOID AFTER 10/23/08 9/8/08 OLD 8830 Tax Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building, Room 100 P.O.Box 631 Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 1 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor Date: 9/8/2008 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# city T.R.A. 8830 BAY POINT 79055 Parcel#: 098-210-030-7 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2007-2008 tax lien has been paid in full. Our estimate of the 2008-2009 tax lien, which. became a lien on the first day of'January, 2008 is $34,200.00 This tract is not subject to a 1915 Act Bond. The amount calculated is void 45 days from the date of this letter, unless this letter is accompanied with security approved by the Contra Costa County Tax Collector Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treas rer-Ta f��(lector By: / ��� '�I K BOND NUMBER: 722490S ' DUPLICATE ORIGINAL PREMIUM: $479.00 PRINCIPAL TITLE COMPANY SURETY FOXWOOD COMMUNITY, LLC Old Republic Title Company DEVELOPERS SURETY AND INDEMNITY COMPANY 333 Civic Drive 1000 Burnett Ave., #400 2999 OAK ROAD. , 41420 Street Address Street Address Street Address Pleasant Hill, CA 94523 WALNUT CREEK, CA 94596 Concord, CA 94520 City, State, Zip City, State, Zip City, State, Zip D. WATTS Dawn Cabral ROBIN WESTFALL Contact Person Contact Person Contact Person 925-685-0110 (925) 887_7880 925-295-3190 Phone Number Phone Number Phone Number BOND AGAINST TAXES KNOW ALL MEN BY THESE PRESENTS: THAT FOXWOOD COMMUNITY, 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 bound unto the County of Contra Costa, State of California, in the penal sum of THIRTY FOUR THOUSAND TWO HUNDRED DOLLARS ($34,200.00), 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 8th day of JULY 2008. The conditions of the above obligation is such that WHEREAS, the above bound Principal is about to file map(s) entitled SUBDIVISION 8830 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 mapjs)„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 the time of the filing of said map, then this obligation shall be void and of no effect. Otherwise it shall remain in full force and effect. PRINCIPA F ood Community, LLC SURETY: Developers Surety and Indemnity f Company By: r 6AjiL By: BY (ALL SIGNATURES MUST BE NOTARIZED) Jon D4j6y, At ney-In-Fact BOND REVIEWED AND APPROVED CONTRA COSTA COUNTY TRE URCOLLECTOE BY: Gl�RT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA County of - CONTRA COSTA On JULY 11, 2008 before me, L.B. BARNETT, NOTARY PUBLIC Date Hero Tneart ITeme t� a of the officer personally appeared JOHN J. DALEY Nemo(e)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persona)whose name(* Is/am subscribed to the within Instrument and acknowledged to me that he/900%y executed the same in his/henRge+r authorized capactty(km), and that by hls/we Ab*signature(*on the instrument the person(a),or the entity upon behalf of which the person(a) L. B. BARNETT acted, executed the Instrument. .�@I* COMM. #1535698 I certify under PEN TY OF PERJURY under the laws of NOTARY PUBLIC-CALIFORNIACONTRA COSTA COUNTY the State of Califor that the foregoing paragraph is true comm.Expires Dec.17,2008 and correct. Witness my a an cal seaI., Signatur Place Notary Seal Above nature of Notary ublic OPTIONAL Though,the information below is not required by law, it may prove valuable to persons retying 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: BOND NUMBER: 722490S Document Date: tTTT.v A, 2008 Number of Pages: ONE (01) Signer(s)Other Than Named Above: N/A Capacity(les)Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑ Corporate Officer—Tltle(s): ❑ Partner—❑Limited❑General ❑ Partner—❑Limited❑General 56 Attorney in Fact ❑ Attorney in Fact "thumb ❑ Trustee Cl Trustee❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator ❑ Other. ❑ Other Signer Is Representing: Signer Is Representing: DEVELOPERS SURETY AND INDEMNITY COMPANY 020V Nadonal NoteryAaeodadon•9350 De Sato Ave.,P.O.Box 2402•Chatsworth,CA 91919.2402•www.Nadma[Notwy org Item e59D7 Reorder.Call ToIFFroe t-600.876{627 a • • POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that as except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***John J. Daley, Lin Barnett, Kenneth J. Goodwin, jointly or severally*** as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety- ship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(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 resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. 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 attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations 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 corporations 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 and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st,2008. By: ZE� � •..�-,4 AND.�,gO"'•.. OMPANYpX Stephen T.Pale,Senior Vice President Z? VP 0 R4 yi40rF°.y h QQ �T 9 W' OCT. z OCT.5 T By: =01. 1936 0= w 1967 X Charles L.Day,Assistant Secretary `: )�`.,, 'a¢ O C' �P %%JPO.....OW P...:rad+,•' �% •qC/FQP� a State of California County of Orange On January 1st 2008 before me, Ch stopherJ.Roach Notary Public Date Here Insert Name and Title of the Officer personally appeared Stephen T.Pate and Charles L.Day Name(s)of Signer(s; who 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 CHRISTOPHER J.R 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. S COMM.#1745939 g g _ NOTARY PUBLIC CALIFORNIA I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is 3 ORANGE COUNTY N true and correct. My comm.stares Mi 19.2011 WITNESS my hand and offi I 1. Place Notary Seal Above Signatureh Ch' erJ.Roach CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,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 resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the J8 thday of JULY 2008 Albe t Hillebrand,Assistant ecretary ID-1 380(Wet)(Rev.07107) Or CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of imim OnTO I Z before me, _D)0Mo L a 1l Sz , Nb-�o Y4 ICU b h G , (Here insert ndme and title of the offs r) personally appeared Doe Damon , who proved to me on the basis of satisfactory evidence to be the persono whose name is/ami subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/hGf4heir authorized capacity�a , and that by his/heAheie signatureo.on the instrument the person(A, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DIMIA 4 KAUSZ _ Cor.•w►t�tbn I'1'602JJ3 W TNESS my hand and official seal. ComraCoata My Comm.E>�IIa h!16.201 Signature of Notary Public (Notary Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California In such instances,any alternative (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California(i.e. certifying the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording.and attach this form if required. • State and County information must be the State and County where the document Number of Pages Document Date signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) o The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). e Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms.by crossing off incorrect forms(i.e. El Individual(S) WsheV6*y-is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) o Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other r'• Indicate title or type of attached document,number of pages and date. 4 Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). • Securely attach this document to the signed document 2008 Version CAPA vl2.10.07800-873-9865 www.NotaryC(asscs.com