HomeMy WebLinkAboutRESOLUTIONS - 01012000 - 2000-460 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 26, 2000 by the following vote:
AYES: SUPERVISORS GIOIA, CANCIA14ILLA AND GERBER
NOES: SUPERVISOR UILKEMA
ABSENT: .SUPERVISOR DESAULNIER
ABSTAIN: NONE
RESOLUTION NO.: 2000/460
SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision IVIS 50-91,
Walnut Creek area.
The following documents were presented for Board approval this date:
I. Mag
The Parcel Map of Subdivision MS 50-91,property located in the Walnut Creek area,
said map having been certified by the proper officials,
II. Subdivision Agreement
A subdivision agreement with Trilogy Homes, Inc., subdivider, whereby said
subdivider agrees to complete all improvements as required in said subdivision
agreement within one year from the date of said agreement. Accompanying said
subdivision agreement is security guaranteeing completion of said improvements as
follows:
A. Cash Deposit
Deposit amount: $1,000.00
Deposit made by: Trilogy Homes, Inc.
Tax ID number: 680430072
Auditor's Deposit Permit No. and Date: 356137 September 14, 2000
B. Surety Bond/Letter of Credit
Bond Company: Developers Insurance Company
Bond Number and Date: 8660845 August 30, 2000
Performance Amount: $70,400.00
Labor&Materials Amount: $35,200,.00
Principal: Trilogy Homes, Inc.
RESOLUTION NO. : 2000/460
SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 50-91
Walnut Creek Area.
DATE: September 26, 2000
PAGE -2-
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 1999-2000 tax
lien has been paid in full and the 2000-2001 tax lien,which became a lien on the first
day of January 2000, is estimated to be $8,600.00, with security guaranteeing
payment of said taxx lien as follows:
• Tax Surety
Bond Company: Developers Insurance Company
Bond Number and Date: 8660955 September 7, 2000
Amount: $8,600.00
Principal: Trilogy Homes, Inc.
NOW THEREFORE BE IT RESOLVED 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;
BE IT FURTHER RESOLVED that said Parcel Map is APPROVED and this Board does
not accept or reject on behalf of the public any of the streets,paths, or easements shown thereon as
dedicated to public use.
All deposit permits are on file with the Public Works Department.
BE IT FURTHER RESOLVED that said subdivision agreement is also APPROVED.
I hereby certify that this is a true and correct copy of an
action taken and entered on the minutes of the Board of
Supervisors on the date shown.
JII:gpP SF 'T�ER 2G
G:1CstpData\EngSvc\BO120001BO 9-26-00.doc ATTESTED:_ 26,___2000__
Originator:Public Worn(as) PHIL BATCHELOR,Clerk of the Board of Supervisors and
Contact: Rich Lierly(313-2348) County Administrator
cc: Public Works-R.Bruno,Construction
Current Planning,Community Development
T—July 26,2000 y"y.
Trilogy Homes,10 Valley Drive,Orinda,CA 94563 By `�—" Deputy
Developers Insurance,Co.,17780 Fitch,Ste 200,Irvine,CA 92614
SUBDIVISION AGREEMENT
(Government Code 566462 and 566463)
Subdivision: (Ali Subdividers i ti- 0 CY\L<' G�.
Effective Date: 6100 12
Period: 1 year
THESE SIGNATURES ATTEST TO TETE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY S,I DDIVIDER
J.Michael Walford,Public Works Director
BY I�/r4�G� l (Sipmture) "
(Print name do title)
P R V
By: (signature)
En eering Services Divis' n (Pent name&tide)
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 5313.)
I. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"County",and the above-mentioned
�ubdividcr,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 date hereof as
required by the California Subdivision Map act(Government Code SS66410 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. IMPR )MEaSECLaUTY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code 566499,and the County
Ordinance Code,provide as security to the County:
A. For performance and Gu aliee: $ 0 3 G?cash,plus additional security,in the amount of$,�0 t �00_
which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of:
Cash,certified check or cashiers check.
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion
and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. Eor Payment: Security in the amount of$_ _ which is fifty percent(5001o)ofthe 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.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 S94-4.406 and 594.4.408 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(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 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(1)year from and after the Board of Supervisors accepts the work as complete.
6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as
promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If,at any time before the Board of Supervisors accepts the
work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Subdivider shall make whatever
changes are necessary to accomplish the work as promised.
7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of 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 shalt 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 act or omission(negligent or non-negligent)in connection with the matters covered by this
Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has
prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or 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 Countys 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.
n mw
G:T,rpDwAt En$Svc\FFor=s AG WORMAG-30.doc
Rev.February 4,1999
�} CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of C !f./ r� Jr
OPTIONAL SECTION
C..���yy6 n
County,of ' 1 `714 Z1 CAPACITY CLAIMED BY SIGNER
or) 2.9.Xbefore me, n b't 616 Though statute does not require the Notary to fill
ATE NAME,TITLE OF OFFICER E G.,"JANE DOE,NOTARY PUBLIC" In the data below,doing so may drove invaluable
personally appeared. {� .,�. . ,,Gt/`i' )
to persons relying on the document.
NAME(S)OF SIGNERS) INDIVIDUAL
D personally known to me-OR provided to me on the basis of satisfactory evidence to G CORPORATE OFFICER(S)
be the person(s)whose names)is/are TITLE(5)
subscribed to the within instrument and
acknowledged to me that he/she/they executed 0 PARTNER(S) 0 LIMITER
the same in his/her/their authorized
KRISTIN THERRE signature(s)re((s)on the ilnstrumenat by t1the persons or Cheir 0 GENERAL
0 ATTORNEY-IN-FACT
Comm. f 1$5504 the entity upon behalf of which the person(s) TRUSTEE(S)
acted,executed t a trument. 0 GUARDIAN/CONSERVATOR
WTAAY PUKiC•CALlfORNIA �. ❑ OTHER:
Canir;«Cans County WITN m ha and o ci seal,
IA►Cin. Nss Gi�y 31,2042 SIGNER IS REPRESENTING:
(NAME OF PERSON(S)OR ENTITY(IES))
SIGNATLW OF NOTARY
-
D acknowledged tome that such corporation executed the within instrument pursuant to its Board
of Directors.
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the adjacent data is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment of this form
INSTRUCTIONS TO NOTA
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. ,fit-4L4 5IGNAD=S -The name and interest of the signer should be typed or printed REhMAI the signature. The name
must a signet exactly as it is typed or printed.
11. SICK A=, FOR I JALS-The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated
III. SIQN41=S FQB,PARTN RSHIPS-Signing party must be either a general partner or be authorized in writing to have the
authority to sign for and bind e partnership.
IV. SIGNAT[IR S FOe,CORP!QRAJJQJJ5
Documents should a signed by two officers,one from each of the following two groups:
GROUP 1. �aa�The Chair of the Board
The President
Any Vice-President
GROUP 2, a The Secretary
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."
JC'mw:df
Rm January 13,2000
--01- 00C� 0 49 PN Z. ,Jr. l_EWY6
..,r ....... �•_ 707 6.44 W777 P. 02
• 114/14!1939 107:38 7072559710 S.C. VANCLI PAGE 01
APP02XTMXXT 103' DXKXCWOR
the Tne3orporator of TRILOGY HOMES, INC. , a C&1i9QrDia
corporation, I hereby appoint 9WLRY J. LZWIN as the solo
Director of TRZLOQV ROWS I INC
I hereby resign as the incorporator of WLOGY HOMES, INC.
nat+a 1 April 14, 1999
LI
FED--01-2eeo 02 :50 Pm B. J. L.EWIS 707 644 5777 P. LSI
Qld/141199�x78 7072555710'
CORPORA'i'B RXIOLU'1ION
TRILOGY StJM a INC-
Gerald
NC.herald C. vanol.i having resigned as the incorporator and
appointed his successor as the sole Dirsctor& BRADLEY J. MIS.
As the sola Directat, ter. Lewis has designated himself as
president and Graceann Anderson as secretary of this corporatism,
4
effective April 14, 1999•
at IT !M1!'SITY RSSQL'VIDt That BRAXY J. LEWIS,
as president of Trileav Homes, Inc. is hereby
authorized to sign all loan documents and
contracts on behalf of this MOrporation.
Dated: April 14, 1999
RADLLY
Presidonvd sole Director at
TRILOGY Hid S, YNC.
I, GRACIANN ANDERSON, the secretary of Trilogy domes
Inc. , hereby certify that this resolution was passed
by the Board at Directors of Trilogy Rome, Inc. on
April 14, 1999.
Dated: • April 15, 1999 r.
URP CBRNN ANDERSON,
Secretary
Subdivision: MS 50-91
Bond No.: 866084S
Premium: $1,690.00
Premium Term 2 Years Subject to Renewal.
IMPROVEMENT SECURITY BOND
FOR SUBDIVISION AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code §§ 66499 - 66499.10)
1. RECITAL OF SU13DIVISION AGREEMENT: The Principal has executed an agreement with the County to
install and pay for street, drainage, and other improvements in Subdivision MS 50-91
, 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.
2. OBLIGATION: Trilogy Homes, Inc. as Principal,and
Develogers Insurance Company ,a corporation organized existing
under the laws of the State of California , and authorized to transact surety business in
California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors, and assigns to the County of Contra Costa, California to pay it:
A. Performance and Guarantee: Seventy thousand four hundred & N01100** ($70.400.00**
******************} for itself or any city assignee under the above County Subdivision
Agreement, plus
B. Payment: Thirty-five thousand two h ndred and So/100************** Dollars tjxxxx
$35,200.00**************} to secure the claims to which reference is made in Title Xyl..
(commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of
California.
3. CONDITION:
A. The Condition of this obligation as to Section 2.(A) above is such that if the above bonded Principal,
his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide
by, and well and truly keep and perform the covenants, conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on is or its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their true
intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city
assignee), its officers, agents and employees, as therein stipulated,then this obligation shall become
---null and void; otherwise it shall be and remain in full force and effect.
As partb the obligation secured hereby and in addition to the face amount specified therefore,there
shall be i tlluded costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County (or city assignee) in successfully enforcing such obligation, all to be taxed as
costs and included in any judgement rendered.
B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors,subcontractors, laborers,material men and other persons employed in the performance
of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor
thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount herein
above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact
amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee) in successfully enforcing such obligation, to be awarded and
fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15 (commencing with Section
3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the condition of this bond be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by
the Principal and the County shall relieve any Surety from liability on this bond, and consent is
hereby given to make such alteration without further notice to or consent by Surety, and the Surety
hereby waives the provisions of California Civil Code Section 2819, and holds itself bound without
regard to and independently of any action against Principal whenever taken.
SIGNED AND SLED on August 30, 2000.
PRINCIPAL: Trilogy Homes, Inc. SURETY: Developers Insurance Company
Address: 10 Valley Drive Address: 17780 Fitch Suite 200
City. Or indm Zip: 94563 City: Irvine ip: 92614
By: By:
Print Name. - d.A Print N oV M. grab l
: -
Title: 4 ct. �.fir,�,� � Title: _A torney-in-Fact
:mW
GAGrpD&ta\Engsvc\Fom \8N WORMN•12.doc
Rev.!mw 17,1499
State of California
County of Contra Costa SS.
On August 30. 2000 , before me, M. A. Current
PERSONALLY APPEARED Gregory M. Pftyl
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 theM.A. CURRENT
entity upon behalf of which the person(s) acted, executed the �F� COMM. 1247205
instrument. =' NOTARY PUBLIC-CALIFORNIA
CONTRA COSTA COUNTY ..
My Comm.Expires Dec.26,2003
WITNESS my hand and official seal.
This area for Official Notarial Seal
M. A. Current, Notary Public
OPTIONAL
Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of
this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Q Individual
L:1 Corporate Officer Contra Costa County Subdivision Improvement Bond No.
8660845
Title(s) Title of Type of Document
0 Partners
C] Limited 1 (double sided)
0 General Number of Pages
ZIS,4 Attorney-in-Fact
Trustees) August 30, 2000
L] Guardian/Conservator Date of Document
Other
Signer(S) Other Than Named Above
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTM(IES)
Developers Insurance Company
ALL-PURPOSE ACKNOWLEDGEMENT
POWER OF ATTORNEY OF
INDEMNITY COMPANY OF CALIFORNIA
AND DEVELOPERS INSURANCE COMPANY N° 105203
P.O.BOX 19725,IRVINE,CA 92623+(949)263-3300
NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March,2002.
2. This Power of Attorney is void if altered or if any portion is erased.
3. This Power of Attorney is void unless the sea]is readable,the text is in brown ink,the signatures are in blue ink and this notice is in blue ink.
4. This Power of Attorney should not be returned to the Attorney(s)-In-Fact,but should remain a permanent part of the obligee's records.
KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,
but not jointly,hereby make,constitute and appoint
*** Michael J. Brown, Dan P. Wolf, Gregory M. Pribyl, Melissa Current, jointly or severally*
the true and lawful Attorney(s)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts of suretyship
in an amount not exceeding Ten Million Dollars($10,000,000)in any single undertaking;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 Attomey(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 INDEMNITY COMPANY
OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986:
RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporations 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 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 INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective
Presidents and attested by their respective Secretaries this 3rd day of December,1999.
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
By By
r Crowell PaNV r Croeq
resident co V po Ofi esidenwt �NSUAA,yC
P 9
�rrry� �ooProq� Fo
2 OCT.5 ATTEST MAR.27
w 1967 x, 1979 5:
o&/FoPk a °c� �p41FOP�~ e
By * By
Walter Crowe I Walter Crowell
Secretary Secretary
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On December 3, 1999,before me,Caroline A.Hrycyk,personally appeared Harry Crowell and Walter Crowell,personally known to me(or proved to me on the basis of
satisfactory evidence)to be the person(s)whose name(s)is/am subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/her/their authorized
capacity(ios),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 rid official seal.
,4L CAROLINE A.HRYCYK
4
Signature t L" Qemy
COMM.ff 1237813 `
Notary Public - California rb
ORANGE COUNTY
Comm.Expires OCT 12,2003
CERTIFICATE
The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby
certify that the foregoing and attached 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 Gtry of Irvine,California,thisQU ay of
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
(���� i oOV,PANYO� . 1N5URgN
A��oo¢Pogq�er - a``e o°�Poq�;�
By x` OCT.s ° B ch r a
William T,Sharer w 1967 X y William 7.Sharer 7 M11979 7 b
Senior Vice Presidentc'+UFor+�•Y a Senior Vice President �n o� N z
<1Fofk ¢
i
ID-314(REV.12!99)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State ofOPTIONAL SECTION
County of i C L w' CAPACITY CLAIMED BY SIGNER
On 7 i� � before me, f Though statute does not require the Notary to GII
ATE ,1 NAME,TITLE F OFFICER ,"JANE DOE,NOTARY PUBLIC^ In the data below,doing so may prove invaluable
ilJ�� to persons relying on the document.
personally appeared
NAME(S)of SIGNER(S) INDIVIDUAL
El personally known to me-OR ovided to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S)
be the person(s)whose name(s)is/are TITLE(S)
subscribed to the within instrument and
acknowledged to me that he/she/they executed 0 PARTNER(S) ❑ LIMITED
the same in his/her/their authorized D GENERAL
capacity(ies),and that by his/her/their Ll ATTORNEY-IN-FACT
KRISTIN THEARE signature(s)on the instrument the person(s)or ( )
y" COMM.11185504 rrpp the entity upon behalf of which the person(s) GtR)ARTI�EIAN/CONSERVATOR
N NOTARY PUBLIC•CALIFORNIA �! acted,executed the i trument. ❑ OTHER:
Contra Coni County
CW, of trisy 31,2002 '� WI m nd sal, SIGNER IS REPRESENTING:
aa- �- (NAME OF PERSON(S)OR ENTITY(IES))
SIGNATURE F NOTARY
® acknowledged to me that such corporation executed the within instrument pursuant to its Board
of Directors.
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the adjacent data is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment of this form
INSTRUCTIONS-1-0 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 4L4 SIGNAIJ=SThe name and interest of the signer should be typed or printed BENEATH the signature. The name
must be signed exactiy as is typed or printed.
II. -The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be Stated.
III. SIGN4D=S FOR P4RTN S-Signing party must be either a general partner or be authorized in writing to have the
authority to sign for and binde partnership.
IV. SIGNAI=S
Documents should a signed by 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
lbAn Assistant Secretary
e The Chief Financial Officer
The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board
of Directors authorizing the person Signing the instrument to execute instruments of the type in question is required. A currently valid
power of attorney,notarized,will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
"...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
JC:mw:df
Rev.January 13,2060
44 $777
P- 02
0df' tI999 07:35 7072°+6 720 S.C. VANCLI PAGE 81
�►�►t"iSil'3"liHit'1' Q�' tyZxlC'�t?R
An the tneorporator of TRILOGY Ronal xmC. a California
corporation, I hereby appoint RRADLRY J. LXW18 as the rola
Director of 'fXrLOGV HOURS, INC.
I hereby resign an the incorporator of 'TRILOGY HOMES, INC.
Dates April 14, 1999
LI
FEB- of-2000 02' :50 Pt! B. J. LEWXS
...r .. 707 644 e777
04/14/1599 07:38 7072555710 LA.k. . uwVWtil P. 03
COAVO &TH RZOOLUTION
21trLOGY MOONS, t31C.
Gerald C. Vanol.i having resigned as the incorporator and
appointed hien sucoessor as the sale Director t BRADLEY J. LLPWIS.
As they sole Director, Kr. Lewis has designated himself as
President and Graceann Anderson as Secretary of this corporation,
effective April 14, 1999.`
at IT RBRARY RESaLVRD: That BRAMAY J. LSWYh,
as President of Trilogy Names, Inc. is hereby
Authorized to sign all loan documents and
contracts on behalf of this rporation.
Dated: April 14, 1999
RAt7L�Y � •
Pr*side d Sole Director of
TRILOGY t 0 $, TNC.
1, GRACEAM ANDERSON r the secretary of Trilogy Homes
Inc. , hereby certify that this resolution was passed
by the Board of Directors of Trilogy Homees, Inc, on
April 14, 1999.
Dated: • April 15, 1999
GRACHANN ANDERSON,
Secretary
Tax Collector's Office William J.Poltaeek
P25 Court Street Contra County Treasurer-Tax Collector
Finance Building, Room 100
P.O.Box 631Joseph L.Martinez
Martinez,California 94553- Costa Assistant Tax Collector
0063
(925)646-4122 County Joslyn Mitchell
(925)646-4135 FAX ��!! Tax Operations Supervisor
.a
him^
Date: 91612000
IF THIS TRACT IS NOT FILED PRIOR TO THE MATE 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 I MS# Cq T.R.A.
91-50 WALNUT CREEK 98002
Parcel#: 175-120-013-8
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 1999-2000 tax lien has been paid in full. Our estimate of the 2000-2001 tax lien, which
became a lien on the first day of January, 2000 is $8,600,00
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 30 days from the date of this letter.
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.
TZ
J. POLLACEK,
Tre ur r-T .4
By: f 1/ 1117
insr. ir
SUBDIVISION TAX BOND
( BOND NO.: 8s6095S
PREMIUM: $ 172.00
KNOW ALL MEN BY THESE PRESENTS:
THAT we, Trilogy Homes, Inc. as Principal,
and DEVELOPERS INSURANCE COMPANY,a corporation organized and doing business under and by virtue of the
laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety,
are held and firmly bound unto
The County of Contra Costa
as Obligee, in the sum of Eight thousand six hundred and NO/100##****}##}###A#}}#A*#****#**#**###*#****#**********#**,
($ 8,600.00 )
Dollars, for which payment, well and truly to be made,we bind ourselves, our heirs,executors and successors,jointly
and severally firmly by these presents.
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS,the above bounden Principal is the owner of that tract of land situated in Contra Costa
County,California, and described as follows:
Tract/MS#9150, Walnut Creek, T.R.A. 98002, Parcel#: 175-12$AT8
BOND RE`V'IEWED AND APPROVE:
CONTRA COSTA COUNTY
T OLLECTOR
NOW THEREFORE, if the said Principal shall pay,or cause to be paid, when due, all taxes,and all special assessments
collected like taxes, for the year 20002001 , which at the time of filing said map, are a lien against such subdivision,
or any part thereof,but not yet payable,then this obligation shall cease and be void,otherwise it shall remain in full force
and effect.
IN WITNESS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seal and the name
of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at
Walnut Creek ,California,this 7th day of September 2000
YEAR
Tri gy Ho es, Inc. DEVELOPERS I E C PANT'
P' pal `
BY: Gregory N.1. Pribyi
A't^mcy�n-Yap.
17780 Fitch Y(—Lolov
Irvine,CA 92614
(949)263-3300
FORM DI-122(REV.12/99)
State of California
County of Contra Costa 5S.
On September 7. 2040 , before me, M. A. Current
PERSONALLY APPEARED Greaory M. Pribyl
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
Me same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the Instrument the person(s), or the M. CURRENT
entity upon behalf of which the persons) acted, executed the ,.
instrument. COMM. 1247205
+ ¢ NOTARY PUBLIC-CALIFORNIA
CONTRA COSTA COUNTY
M Comm.S pirea Dee.26,2003
WITNESS my hand and official seal.
This area for Official Notarial Seal
M. A. Current, Notary Public
OPTIONAL
Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of
this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ Individual
Q Corporate Officer Subdivision Tax Bond No. 8660955
Title of Type of Document
Title(s)
❑ Partners One
Ll Limited Number of Pages
General
y-in-Pact September 7, 2000
Trustees) Date of Document
❑ Guardian/Conservator
❑ Other
Signer(S)Other Than Named Above
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTTTY(IES)
Developers Insurance Company
ALL-PURPOSE ACKNOWLEDGEMENT
POWER OF ATTORNEY OF
It-.,,EMNITY COMPANY OF CALIFORK.;<t
AND DEVELOPERS INSURANCE COMPANY N° 105210
P.O.BOX 19725,IRVINE,CA 92623+(949)263-3300
NOTICE: 1. All power and authority herein granted shall In any event terminate on the 31st day of March,2002.
�. This Power of Attorney is void if altered or if any portion is used.
3. This Power of Attorney is void unless the seal is readable,the text is in brown ink,the signatures are in blue ink and this notice is in blue ink.
C This Power of Attorney should not be returned to the Attomey(s)-in-Fact,but should remain a permanent part of the obligee's records.
KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,do each severally,
but not jointly,hereby make,constitute and appoint
*** Michael J. Brown, Llan P. Wolf, Gregory M. Pribyl, Melissa Current, jointly or severally***
the true and lawful Attorneys)-In-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts of suretyship
in an amount not exceeding Ten Million Dollars($10,000,000)in any single undertaking;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 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 Attomey(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 INDEMNITY COMPANY
OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY,effective as of September 24,1986:
RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporations 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 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,INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respective
Presidents and attested by their respective Secretaries this 3rd day of December,1999.
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
By —15aBy
rCrowell 91 Cnaweli
resident �G 6PP0 esident 4y�NsPogN�F
OCT.5 o O ATTEST MAR.27�C 'Z
w 1667 ZDt$79 y
By * By tut
Walter Crowe I Walter Crowell
Secretary Secretary
STATE OF CALIFORNIA )
)SS'
COUNTY OF ORANGE )
On December 3,1999,before me,Caroline A.Hrycyk,personally appeared Harry Crowell and Walter Crowell,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/sheRhey 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.
WITNESSyhannd official seal. CAROLINE A.HRYCYK
Signature _ i7 COMM.M 1237513
Notary Public - California
ORANGE COUNTY j
40my Comm.Expires OCT 12,2003
CERTIFICATE
The undersigned,as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA,and Senior Vice President of DEVELOPERS INSURANCE COMPANY,does hereby
certify that the foregoing and attached 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,this 7�day of � ,
INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS INSURANCE COMPANY
bmpPANV Or \NSURgN
`� f0"C�i" P Op„rtit'FO
By DC7:5 C b By AR.27
William T.Sharer w 1667 x William T.Sharer 7 1676
Senior Vice PresidentOq(7FOPa Senior Vice President y� oq
<1FOR
ID-314(REV.12/99)
* t
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State ofC;'��l '/l OPTIONAL SECTION
rr �-�
County of -�" ,�/�% / / CAPACITY CLAIMED BY STONER
On i before me, r�/� � � 'l� 1 Though statute does not require the Notary to fill
ATE jr NASIE.Tr
TITLE OF OFFICE E G.,"JANE DOE,NOTARY PUBLIC" in the data below,doing so may prove invaluable
personally appeared cJ_ zxa e Z +'- �) to persons relying an the document.
NAME(S)OFSIGN-ER(S) DIVIDUAL
personally known to me-OR-/11{f1ovided to me on the basis of satisfactory evidence to = CORPORATE OFFICER(S)
be the person(s)whose name(s)is/are TITLE(S)
subscribed to the within instrument and
acknowledged to me that he/she/they executed r PARTNER(S) - LIMITED
the same in his/her/their authorized GENERAL
capactty(ies),and that by hi"er/their ATTORNEY-IN-FACT
KRISTIN THERRE signature(s)on the instrument the person(s)or 0 TRUSTEE(S)
COMM-111185504 t� the entity upon be of which the person(s) GUARDIAN/CONSERVATOR
Mi?fAAY PUB1iC CALIFORNIA U/ acted,execute A—instrument. OTHER.
Cwtr#Cori County w ESS and a seal,
�t CM1sA. is Wy 31,1401 , y r SIGNER I5 REPRESENTING:
I NAME OF PERSON(S)OR ENTITY(IES))
5t NAT[ OF NOTARY
d acknowledged to me that such corpora 0 ted,
the within instrument pursuant to its Board
of Directors.
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the adjacent data is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
I. F�__O�RR ALL I N - -The name and interest of the signer should be typed or printed BENEATH the signature. The name
mustbe signed exactly as it is typed or printed.
II. SIGNATURES DIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the
property must a state
III. SIQN4TURE FPR P44TNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the
authority to sign for and bindthe partnership.
IV. SIGNATURES F
Documents should a signed by two officers, one from each of the following two groups:
GROUP 1. �a�The Chair of the Board
bThePresident
cAny Vice-President
GROUP 2. a The Secretary
lbAn 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."
JC mw df
Rev January 17.2000