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HomeMy WebLinkAboutRESOLUTIONS - 01012001 - 2001-572 I r`ry THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on December 4, 2001,by the following vote: AYES: Supervisors Gioia , Gerber , DeSaulnier, Glover and Uilkema NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2001/ 572 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8417,being developed by East Bay Habitat for Humanity,Inc., Crockett area(District II). The following documents were presented for Board approval this date: I. Map The final map of Subdivision 8417, property located in the Crockett area, Supervisorial District II, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with East Bay Habitat for Humanity, Inc., principal, whereby said principal 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: Originator:Public Works(ES) I hereby certify that this is a true and correct copy of an action Contact: Rich Lierly(313-2348) taken and entered on the minutes of the Board of Supervisors 11Pws41shar&talCtpData\EngSvc�30\2001\Ternp\SUB 8417 Bo-21.doc on the date shown. CL:lad cc: Public Works-R.Bruno,Construction Ctmmt Planning,Conmmttity Development T—10-4-02 East Bay habitat for Humanity,Inc. ATTESTED: December 4 2001 Jim BergdBroadway 11 2619 Broadway JOHN SWEETEN,Clerk of the Board of Supervisors and 26 Oakland,CA 94612 County Administrator Travelers Casualty&Surety Company of America Attn: Doreen Botti 1300 ML Kemble Avenue Morristown,NJ 07960 BY_ �- ,Deputy RESOLUTION NO. 2001/ 512 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8417,being developed by East Bay Habitat for Humanity, Inc., Crockett area(District II). DATE: December 4, 2001 PAGE 2 A. Cash Bond Performance amount: $1,000.00 Auditor's Deposit Permit No. 374615 Date: September 20, 2001 Submitted by: East Bay Habitat Humanity, Inc. Tax ID Number: 94-3053687 B. Surety Bond Bond Company: Travelers Casualty and Surety Company of America Bond Number and Date: 0385 103561339 Date: September 5, 2001 Performance Amount: $22,400.00 Labor&Materials Amount: $11,700.00 Principal: East Bay Habitat for Humanity, Inc. III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2001-2002 tax lien has been paid in full and the supplemental tax lien is $0.00. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 572 SUBDIVISION AGREEMENT (Government Code 566462 and 566463) 1 [[��,,__,,� Subdivision: 4(7' (707--IZP-IN&--"f,--.Ctzz—i�c—'rT,-CA�ubdivider: Fast � t°I -flab+-iii- fildfu&w.i61 Effective Date: Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES`AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER J. Maurice M.Shiu,Public Works Director Toe-f y: (Print name At title) MENDEDELCO FQR ArPKQVAL By: (Sigtrture)FJ gi rvices Division (Print nameE�:AP : Victor J.Westman,County Counsel (NC1TE: o be acknowledged. If Subdivider is incorp ted, signatures must conform with the designated representative groups pultuint to Corporations Code 5313.) I. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Coon ",and the above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from 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 then: is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code 566499,and the County Ordinance Code,provide as security to the County: A. For F_ bmtance and Guarantee: S J 000• cash,plus additional security,in the amount of$ .A,?,40Q 0 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 por any unsatisfactory performance. B. Por Pavrnent: Security in the amount of$ r�' ��' which is fzfty percent{50°lo)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider.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 594-4.406 and 594.4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY t3F Wt7RK. 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"ESIABLISIi i�ifENT 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 WARMNTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision, If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A, The jadernnities 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&Mditions: 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. Subdivider shall set and establish survey monuments in accordance with the filed map and tothe satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PER>~ORMANCE 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. INCORPORAIIQN 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,except as provided in this paragraph,the County's rights under this agreement and/or any deposit, bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. The provisions of paragraph 8(Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. UQM MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. RL:mw:kw G-.Zrp1W&%ngSvcTw=',U3 wORIXAO-3M.doc Rev. April b,2040 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of _s OPTIONAL SECTION County of 1 !T h CAPACITY CLAIMED BY SIGNER On I 1716 1 before me, Though statute does not require the Notary to fill DATE NAME,TITLE OF OFFICER B.G.,"JANE DOE,NOTARY PUBLIC' in the data below,doing so may prove invaluable personally appeared to persons relying on the document. 4�bf-�/E.�/V • ��1"1� NAMB(S)OF SIGNER(S) Er INDIVIDUAL ❑ personally known to me-OR- ❑ provided to me on the basis of satisfactory evidence to © QQRPORATE OFFICER{S} be the person(s)whose name(s)is/are C x" y subscribed to the within instrument and TITLE(s acknowledged to me that he/she/they executed ❑ PARTNER(S) ❑ LIMITED a — the same in his/her/tbeir authorized ANNON capacity(ies),and that by his/her/their ® GENERAL signature{s}on the instrument the persons or O ATTORNEY-IN-FACT CMM.#12527®Q ( ) ❑ TRUSTEE(S) 406NOTARY�PUBLIC-CALIFO RNIA the entity upon behalf of which the person(s) { ) ALAMEDA COUNTY acted,executed the instrument. ❑ GUARDIAN/CONSERVATOR COMM.EXP.FES.7,2004 ❑ OTHER: WI S my hang d and official seal, SIGNER IS REPRESENTING. (NAME OF PERSON(S)OR ENTITY(IES)) ❑ acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of 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. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must e signed exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stateT_ III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the au ority to sign for and bIR—Te partnership. IV. SIGNATURES FOR CORPORATIONS Documents sbou_ld be 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 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 si ning the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will sufce. 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." CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of � OPTIONAL SECTION /�,' County of A[ J4" CAPACITY CLAIMED BY SIGNER On&710 77 0 /--,,before me, l�i/�Cl� Though statute does not require the Notary to DATE NAME E OF oFFiCER E.G.,"JANE DQE,NOTARY PUBLIC" fill in the data below,doing so may prove } invaluable to persons relying on the document. personally appeared ! 7 �1 /y NANIE(S)OF SIGNER(S) ❑ INDIVIDUAL ❑ personally known to me-OR- provided to me on the basis of satisfactory evidence to I�CORP 5/ n t ) 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 ❑ PARTNER(S) ❑ LIMITED the same in his/her/their authorized ❑ GENERAL LD sINO � eapacity(ies),and that by his/her/theirp A I TORNE�'-TN-FACT 2tin" signature(s)on the instrument the person(s)orNOx*4tF4RwA0 the entity upon behalf of which the person(s) ❑ TRUSTEE(S} 8" acted,executed the instrument ❑ GUADTHRDIAIV/C9NSERVATOR ..r..r'� W7 S my hand and off" 'al seal, SIGNER IS REPRESENTING: NOTARY {NAME Q„ofPERSON(S)OR ENTITY(IES)I t SIGNATURE OF ❑ acknowledged to me that such corporation a ecuted the within instrument pursuant to its by-laws l / V / 7W !Ik1r!zr or a resolution of 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 foray INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I, FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. Tmure must be signed exact y as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be state . III. SIGNATURES FOR PARTNERSHIPS-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 FOR CORPORATIONS Documents should a signed by two o icers,one from each of the following two groups. GROUP 1. a( The Chair of the Board (c�The President . (c Any Vice-President GROUP Z. 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 th6 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-taws or a resolution of its Board of Directors." CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION County of CAPACITY CLAIMER BY SIGNER On -3. 0-d bcforc me, —#-�6Ch1 t` 'e % � Though statute does not require the DATE NA2 IE,TITLE OF OFFICER E G.,"JANE DOE,. TARY PUBLIC" Notary to fill in the data below,doing so may prove invaluable to persons relying personally appeared (�- "Cl ff?L on the document. h S)OP SIGNER(S) 13 personally known to me-OR- /Provided to me on the basis of satisfactory evidence to ' I�'�P',IbU be the person(s)whose name(s)is/are COCORPORATETE OFFICER(S) subscribed to the within instrument and ' tett T} acknowledged to me that he/she/they executed nTLE(s) the same in his/heritheir authorized ALYCE SCHS capacity(ics),and that by his/her/their ❑ PARTNER(S) ❑ LIMITED Comm'#l 2,40943 signature(s)on the instrument the person(s)or NOTARY C3 GENERAL ti C ❑ ATTORNEY-IN-FACT county of Riamada the entity upon behalf of whish Y sons) ❑ TRUSTEE S �trY Comm.Expires Nay.t3,2003 acted,executed the instrumen TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR S hand and i ' seal, ❑ OTHER; SIGNER IS REPRESENTING: OFNOTARY (NAME OF PERSON(S)OR ENTITY(IES)j ❑ acknowledged to me that such corporation executethe within instrument pursuant to its by-laws or a resolution of 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 fallowing to be acceptable to Contra Costa County. 1. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. II. SIGNA`T`URES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATC=S FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bmathe partnership. IV. SIGNATURES FOR CORPORATIONS Documents should a signed by two officers,one from each of the following two groups: GROUP 1. �al The Chair of the BoardbThe President c)Any Vice-President GROUP 2. {a The Secretary {{b An Assistant Secretary c The Chief Financial Officer {d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase; "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." vtt`e7° BY LAWS OF EAST" BAY HABITAT FOR HUMANITY, INC. A California Nonprofjt Public Benefit Corporation ARTICLE I NAME 1.01 Knme of the Cor� ,ion. The name of this organization shall be EAST BAY HABITAT FOR HUMANITY, INC. ARTICLE 2 OFFICES OF THE CORPORATION 2.01 Bringinal Office. The principal office for the transaction .of._the business of the corporation ("principal executive office") is located in Oakland, California. -The Directors may change the principal office from oc one. lation to another. Any change of this location shall be noted by the Secretary on these BY LAWS opposite this section, or this section may be amended to state the new= location. 2.02 Other Offiges. The Board of Directors may at any time establish branch offices at any place, or places where the corporation is qualified to do business. ARTICLE 3 AFFILIATION AND RULES. OF ORDER 3.01 Aftiliatlon. EAST BAY HABITAT FOR HUMANITY, INC. is a nonprofit corporation, an affiliate of HABITAT FOR HUMANITY., INC. , headquartered in Americus, Georgia. All business shall be transacted within the limits outlined in the covenant (see Appendix I) existing between Habitat for Humanity, Inc. and East Bay Habitat for Humanity, Inc. 3.02 Rules_ of oder. The rules contained in RQbe Rulal 9rdar shall govern this organization in all cases to which they are applicable and in which they are not inconsistent with the rules of this organization. entitled to be indemnified by the corporation for those expenses. ARTICLE 9 OPERATING PROCEDURES 9.01 Property„Transactions. Property transactions are valid only if signed by the, Executive Director of East Bay Habitat for Humanity, Inc, and also by any two of the following officers of the corporation. President, Vice President, Secretary or Treasurer. 9.02 Ain ew af�C„oruorate Recoras. The corporation shall keep (a) adequate and correct books and records of account; (b) written minutes of the proceedings of its Board and committees of the Board. 9.03 Pascal Year. The fiscal year of the corporation shall be from January 1 through December 31. ARTICLE 10 EXECUTIVE COMMITTEE 10.01 EXecutjy_q„ Committee. The Executive Committee shall be composed of the officers of the corporation. It shall normally meet at least seven (7) days prior to the Board meeting. The Executive Committee shall have the authority to transact routine business between meetings of the Board, providing that business does not encumber the Board in excess of' limits., approved by the Board. The Executive Committee shall establish the agenda for the Board meetings and shall make recommendations for actions by the Board. The Executive Commi CERTIFICATE OF SECRETARY I certify that I am the duly elected and acting Secretary of EAST BAY HABITAT. FOR HUMANITY, INC.,, a California nonprofit public benefit corporation; that the above BY LAWS, consisting of, seventeen {1?} pages plus two (2) Appendices, are the BY LAWS of this- corporation as amended by the Board of Directors of this corporation. on May 22, 1995; and they ,have not been amended or modified since that date. Executed on July 24, 1995 at Oakland, California. S cretary t 1S COUNTY OF CONTRA COSTA " DEPOSIT PERMIT Qt. OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER. MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 145.) DESCRIPTION FUND/ORC ACCT TASK OPTION ACTIVITY AMOUNT t vy 5va �A 6661 14 Wj4 1-6-4i -16 C)Vqgw 99,75 �31qwo DOW i EXPLANATION: A)(7 n TOTAL $ DEPOSIT ) l4)to Z)6 2,4 folllowing items and CURRE j 1W 08 ECKS,t C1t,QTc $ FOR AUDITOR-CONTROLLER USE ONLY to, t�. L DEPOSIT PERMIT DP NUMBER DATE 374615 P ' ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above is hereby into the County Treasury. oda"Wiedged. rA si�,ed• Date Title:. s EXT, Count Aud' Ccwr+ty T P t COUNTY OFCONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM • KIP` I�rymt�„1 ORGANIZATION NUMBER URieS (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/OitG. SU CT TASK 1OPTION ACTIVITY Ah%OUNT 040204LM 9z.L9 .5/73 IN /6751DCS i I 1 r r 1 1 i I I i I I i r 1 I I P r I t i 1 1 1 I 1 i EXPLANATION: TOTAL $ I DEPOSIT r Deposit consists of the foNowing items C 7IN and CURRENCY` $ µCHECKS,Mkt,ETCj $ BANK-DEP0-0 $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT J PERMIT ""i NUMBER DATE ) o (7 ASSIGNED ---� The amount of money described above is for Treasurers receipt of above amount is approved. Receipt of above unt is deposit into the County Treasury. acknowledged ,P...mo � Signed• Date Signed. Signed. ` t Title' EXT r ty C-untyAu&thx Deputy CountyTnsasurer` D-34REV.(7-93) )rlqvs — AV 819800: 61060462, $1,000.00, SUB 8417, East Bay Habitat for Humanity HUD Account, 2619 Broadway #206, Oakland, CA 94612 0649-9665 l 831000: 61060462, SUB 8417, East Bay Habitat for Humanity HUD Account, 2619 Broadway #206, Oakland, CA 94612 Inspection Fee $3,021.00 Map Check Fee $113.80 Improvement Plan Fee $38.94 0649-9665 1831000: 61060465, $1,575.00, M500-0003, Map Check Fee, DeBolt Civil Engineering, 811 San Ramon Valley Blvd, Danville, CA 94526 Subdivision: 041-7 Bond No.: 12,39 S 10 3 5 6, ( _3.3 ` IMPROVEMENT SECURITY BOND FOR SUBDI VISYON AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF SUBDIVISION AGREEMENT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision 5411 as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. OBLIGATION: E-aSt f"At n e.. • _ as principal and a\ �A ef-S Cr e a corporation organized and existing under the laws of the State of C*h e cyt i C_ a+ and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee:.. -Y4 PO�'d�++c� Ave handrned 44 `"l!in Dollars ($ 2Z, 4-00 ) for Contra Costa County or any city assignee under the above County I Subdivision Agreement. , B. Payment: a jey�t vLW4 cP St+J� A U t Jr� *0114V Dollars ($_ 11 � 70 0 )to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3. CONDITION` A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal, or principal's heirs,executors,administrators, successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city assignee)its officers,agents and employees, as therein stipulated, then this obligation shall become -null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.B.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also, incase suit is brought upon this bond, will pay, in addition to the fact amount thereof,reasonable costs, expenses and fees, including reasonable attorney's fees, incurred by the County of Contra Costa(or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under"Title 15 (commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under conditions of this bond be fully,performed,then this obligation shall become null and void;othdrwi4e it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee) shall relieve the surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by the surety; and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. SIGNED AIVD SEALED onl PRINCIPAL: �AW &WiL1, ;,,§uRETY: r'�.✓e! O.i LU d J tom' ri L C o -b r 4 Address: 1 rte 0-4 ul•k r Address: z'j2- 4-1 L City: -iiv: '�li 12— City: r�s .� , 1`4 Zip: a I By: ./ By: �-NL ell Prin ame: .d oe l s�c�C Print Name: 7)a,-go 1 P� r Title: Attorney-in-Fact Title: ffXec f'tVr Y- ID:mw:lap GAGrpDataWjkSSvcNFomu\HN WORMBN-12.doc Rev.November 28,2000 NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA }ss COUNTY OF ALAMEDA } On8-30-01, before me,Alyce Schrade,a Notary Public in and for said State,personally appeared Joel T. Mackey to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official se sn .ALYCE Signatur Comp NVARY= � Co r ame a .s My Cnm n F fir is 13,2003 (This area for official notarial seal) OPTIONAL: DESCRIPTION OF ATTACHED DOCUMENT Title or Type of Document Date of Document NOTARY.6LK(Rev 6194) Tax Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.O.Box 631 �� //�� Joseph L.Martinez Martinez,California 99553- Costa Assistant Tax Collector 0063 jj (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor Date: 10112/2001 IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2001, THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# City T.R.A. 8417 CROCKET 62006 Parcel#: 354-082-805-9 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 2001-2002 tax lien has been paid in full. Our estimate of the supplemental tax lien is $0.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is 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. WIL A J. POLLACEK, Tre sur r-T xiilec r By: