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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-116 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 5, 2002,by the following vote: AYES: Supervisors Garber, Uilkema, DeSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.2001/ 116 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8372,being developed by Rock Island Homes, Inc.,Knightsen area(District V). The following documents were presented for Board approval this date: I. Map The final map of Subdivision 8372, property located in the Knightsen area, Supervisorial District V, said map having been certified by the proper officials. 11. Subdivision Agreement A subdivision agreement with Rock Island Homes, 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: I hereby certify that this is a true and correct copy of an action originator:Public works(Es) taken and entered on the minutes of the Board of Supervisors Contact: Joseph DiMaggio(313-2345) on the date shown. G:1CirpDatalEngSvcl30\2002t3-5-02\.SUB 8372 119-21.doc CL:lad cc: Public Works-R.Brun,Construction Current Planning,Corwouniity Development T--12-5-0z ATTESTED: March 0 5 , 0{�2 Dennis v*Menke JOHN SWEETEN, Clerk of the Board of Supervisors and Rock Island Homes,Inc. Colinf�r Administrator 695 Town Center Drive,Ste.410 `' Costa Mesa,CA 92626 Natalie Caicedo Gulf Insurance Cowpany 110 West"A"street,Ste.1805 By ,Deputy San Diego,CA 92101 �a RESOLUTION NO.2002/ 116 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8372, being developed by Rock Island Homes Inc.,Knightsen area(District V). DATE: March 5, 2002 PAGE 2 A. Cash Band Performance amount: $2,800.00 Auditor's Deposit Permit No. DP 379952 Date: January 10, 2002 Submitted by: Rock Island Homes, Inc. Tax ID Number: 33-0972708 B. Surety Band and Bond Rider Bond Company: Gulf Insurance Company Bond Number: BE2638210 Date: December 17, 2001 Total Performance Amount: $327,700.00 Total Payment Amount: $165,250.00 Principal: Rock Island Homes, 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 2002-2003 tax lien,which became a lien on the first day of January 2002, is estimated to be $142,200.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Surety: Gulf Insurance Company Bond No. BE2638244 Date: February 4, 2002 Amount: $142,200.00 Principal: Rock Island Homes,Inc. 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. 2002/116 SUBDIVISION AGREEMYNT (Government Code§66462 and 166463) Subdivision: 8372 Principal: Rock Island Homes_, Inc. Effective Date: Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HXRETO: CQUM= O.OM ISRJNMAL Maurice M.Sbiu,Public Works Director omas F. Johnston, President R�M„M..,�Nj�FOI�A_pPROVAI. ,� By. n neeringServicesDivision ( a )Dennis V. Menke, Vice-President and Secretary : Victor J.Westmart,County Counsel (NOTE: All signatures to be acknowledged. if Principal is incorporated, signatures must conforin with the designated representative groups pursuant to Corporations Code 1313.) i. PAR= DA JM. Effective on the above date,the County of Contra Costa,California,hereinafter called"CouLY and the above-mentioned PrWcioml mutually promise and agree as follows concerning this subdivision: 2. lj1 P&Q3MbMTS. Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,larAscaping 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). Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof,as rewired by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder,and where there is a conflict between the improvernant plans and the County Ordinance Code,the stricter requirements shall govern. 3. Pj 2g_QyEMENT SECT=. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. Fgr Pio tee: s 2,800.00 cash,plus additional security,in the amount:$ 327 ,700,00, which together total one hundred percent(100°!a)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal 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. .in.the amount:S 16 5,2 5 0.00 which is fifty percent(50%)of the estimated cost of the work. Such security is presented Cash,certified check,or cashier's check _ Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or ftusiishing labor or materials to them or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal, the amount securities may be reduced in accordance with§94-4.405 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AhM WAR R ANTI'OF WORx Principal guarantees that said work shall be free from defects in material or workmanship and shalt 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. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to road improvernents for private roads,which are not to be accepted into the County road system S. PLANT ESTABLISHME . Principal 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. ZU&QVEMENJ PLAN Wim. Principal 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. It 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,Principal shall make whatever changes necessary to the plans to accomplish the work as promised. 7. NO WAIVER BY COt1NTY, 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 Principal of the obligation to fulfill this agreement as prescribed;not shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof. 8. : Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A The ind=ities benefited and protected by this promise are County and County's 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 ofwhether 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 proceedings)concerning said liabilities and claims. C. The actions causing liabili are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agrm=t and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Nan-condi'ons: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approval 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. : Principal shall pay when due,all the costs of the work,including inspections thereof and relocation of existing utilities required thereby. 10. SLMV_EXS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Corrmiissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. )_+TON P.FRFORMANCE ASID COSTS: If Principal fails to complete the work within the time specified in this agreement,and sub quent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work, Principal agrees to pay all costs incurred by County, even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work.,--- 12. ork._--12. INC(RPORATIONIANNEXATION. 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,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 Principal,who shall fulfill all the terms of this agreement as though Principal 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. RECM MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. RLJD-.Wd cAGvomum vt\FM=.AG woRMAG-30.&c Rev. October 25,2001 COUNTY OF CONTRA COSTA f}t DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM �y ORGANIZATION NUMBER s o (Ggc"-*cn) (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG. ASTASK OPTION ACTIVITY AMOUNTCOT 0 H:5cv ic — 41 l.�f✓Cl 49 !. !.� !S t[�41 tic�� '�' L.�rj ,) • L C. �I56. 'A(i m T N i i �`,�r� stn! • ���'�� �v ��i`I:� i�l���� ;ac� ig 14 04,6 -6i 9106, 6 L-06 1 17 16 fi., :60, r- 1 ell 0.' 6 0�6 �Uv EXPLANATION: t C,r k 06 >' 6 /0/0 6 9 04/ 67 i 016 01 J4 TOTAL $ r i 04 d e:7" 1 113 rJ - I g d o O y DEPOSIT < f, S; (y t D1 U 4 go -- 67 t L)q 0 W-1`Lt Deposit consists of the—following i CUiN and.CURRENC $ !mt*)iC rS < v 4doto" 90b ca.V ya$3 s 4/, I"BAtVK`DEPCSSITs %`4; FOR AUDITOR-CONTROLLER USE ONLY Io 95 .4 d3` L3 4i �JD� �G� %rJ ` �Jl) J DEPOSIT PERMIT Qp NUMBERDATE , AS5IGNE��.99'52 The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above pmount is hereE# deposit into the County Treasury. acknowledged, �� Signed: i i *k jl Date / J v t U. i Title: -r �'GJ 1k' EXT. yf Signed Signed Depu " aunty Avdi Deput nti T40surer -34 REV.(7-93) i _. `' f,,'0", " '� z COUNTY OF CONTRA COSTA DEPOSIT PERMIT .e. a /�- OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER q5 c (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG ACCT. TASK OPTION ACTIVITY AMOUNT 415 1 111 to P L, k `/;z I I 1 I .. 1 I I 1 1 1 EXPLANATION: T TOTAL $ t DEPOSIT Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged. r Signed: �- j Date / t t - , 1 4 Signed /: L L t. Signed: title: l _ EXT ' G Deputy : unty Auditor Deputy County Treasurer "-34REV(7-93) Z. 819800-0800: 61090483, $1,500.00, SUB 6610, Rock Island Homes Inc, 695 Town Center Or Ste 410, Costa Mesa, CA 92626 819800-0800: 61090488, $2,200.00, RA1126, Rock Island Homes Inc, 695 Town Center Or Ste 410, Costa Mesa, CA 92626 819800-0800: G1090489, $2,800.00, SUB 8372, Rock Island Homes Inc, 695 Town Center Or Ste 410, Costa Mesa, CA 92626 0649-9665 / 831000: 61090486, $4,148.77. SUB 6610, Inspection Deposit, Review, Rock Island Homes Inc, 695 Town Center Or Ste 410, Costa Mesa, CA 92626 0649-9665 / 831000: G1090487, $1,500.00, SUB 6610, Improvement Plan Review, Review, Rock Island Homes Inc, 695 Town Center Or Ste 410, Costa Mesa, CA 92626 0649-9665 / 831000: G1090493, $1,500.00, SUB 8372, Map Check Fee, Rock Island Homes Inc, 695 Town Center Or Ste 410, Costa Mesa, CA 92626 0649-9665 / 831000: 61090495, $16,190.00, SUB 8372, Inspection Deposit, Rock Island Homes Inc, 695 Town Center Or Ste 410, Costa Mesa, CA 92626 0649-9665 1 831000: 61090497, $1,500.00, SUB 8372, Improvement Plan Review, Rock Island Homes Inc, 695 Town Center Or Ste 410, Costa Mesa, CA 92626 Subdivision: 8372 Bond No.: B 2636210 Premium: $5,026.0012 Year Term ImpROvEMENT SECURITY BOND FOR SUBDMSION AGREEMENT (Performance,Guarantee and Payment) (California Government Code§§ 66499-66499.10) 1. HgcrrAL OCA'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 $372 .as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. QBLIGATION: (tock Island Homes, Inc. as principal and Gulf Insurance Company a corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in California, as surety, hereby ,jointly and severally bind ourselves, our heirs, executors, administrators,successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee: two hundred seventy nine thousand two hundred 001100*** Dollars($ _ 279,200.00 1 for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: one hundred forty one thousand 001100*** Dollars {$ 141.000.00 )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. C+axDrrloN: 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 j�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 thein or their assigns in any suit brought upon this bond. Should the work under conditions of this bond be fully performed,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee)shall relieve the surety from liability on this bond;and consent is hereby given to make such alteration without further notice to or consent by the surety;and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. SIGNED w-n SX&=on December 17, 2001 PRiNcrPAL• hock Island Homes, Inc SURETY: Gulf Insurance Company Address: 695 Town Center Drive Suite 410 Address: 110 West'W Street Suite 1805 Ci . Costa Mesa C Zi 828 8 City: --SaADjegoQA Ai Zin- 92101 B y: By: Print Name: Dennis V. Menke Print N alis is Title: Vice President and Sec et Title: Attorney-in-Fact By: Print Name:Thomas B. Johnston , kp Title: President GAGrPD-\EWSvCWOroa\$N WORI.IIBN-12:do¢ Rcv.Novanbtr 22,2000 STATE OF California SS. COUNTY OF OranUe On ,December 17, 2001 ,before me, Lysandra Oliver PERSONALLY APPEARED Natalie Caicedo 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 acknowl- edged to me that he/she/they executed the same in his/ LYSAND 'A OLIVE her/their authorized capacity(ies), and that by his/her/ mmis ion 13244 Ctstnttti##iOn�4 32441 8 � their signature(s) on the instrument the person(s), or the pul iw.-California entity upon behalf of which the person(s) acted, executed J � the instrument. WITNESS my hand and official seal. Signature s This area for CJ)Trcial Notarial Seal 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 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TmEm PARTNER(S) ❑ LIMITED ❑ GENERAL Xkk ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING- NAME OF PERSON(S)Oil ENTITY(IES) Gulf Insurance Company SIGNER(S)OTHER THAN NAMED ABOVE IDr081 s..6/9a ALL-PURPOSE ACKNOWLEDGEMENT GULF INSURANCE COMPANY HARTFORD, CONNECTICUT POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organized under the laws of the State of Connecticut, having its principal office in the city of Irving,Texas,pursuant to the following resolution,adopted by the Finance&Executive Committee of the Board of Directors of the said Company on the?0th day of August,1993,to wit: "RESOLVED,that the President,Executive Vice President or any Senior Vice President of the Company shall have authority to make,execute and deliver a Power of Attorney constituting as Attorney-in-Fact,such persons,firms,or corporations as may be selected from time to time;and any such Attorney-in-Fact may be removed and the authority grant- ed him revoked by the President,or any Executive Vice President,or any Senior Vice President,or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED,that nothing in this Power of Attorney shall be construed as a grant of authority to the attorneys)-in-fact to sign,execute,acknowledge,deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED,that the signature of the President,Executive Vice President or any Senior Vice President,and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile,and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make,constitute and appoint KEITH E. SANDROCK, SR. PATRICIA J. SANDROCK LYSANDRA OLIVER NATALIE CAICEDO its true and lawful attorneys)-in-fact, with full power and authority hereby conferred in its name, place and stead,to sign, execute; acknowledge and deliver in its behalf,as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorneys)-;n-fact, pursuant to the authority herein given,are hereby ratified and confirmed. The obligation of the Company shall not exceed five million(5,000,000)dollars. IN WITNESS WHEREOF,the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. .�e"¢""C © GULF INSURANCE COMPANY 54 PO 'S C7 SEAL .1STATE OF NEW YORK SS o8 J� P COUNTY OF NEW YORK Crtc Lawrence P. Miniter Executive'Vice President On this list day of October,A.D.2001,before me came Lawrence P.Miniter,known to me personally who being by me duly sworn,did depose and say:that he resides in the County of Bergen,State of New Jersey;that he is the Executive Vice President of the Gulf Insurance Company,the corporation described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said Instruments is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by tike order. AD j TA Se David Jaffa STATE OF NEW YORK7A GgLeG ©� Notary(Public,State of New York COUNTY OF NEW YORK SS fiCtF N�N� No.02JA4958634 Qualified in Kings County Commission Expires December 30,2001 1,the undersigned,Senior Vice President of the Gulf insurance Company,a Connecticut Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of New York. y�PA"ce oo mated the17TH day of DECEMBER 2001 4 PO SEA SEAL ,� �'` -�• , CT\ George Biancardi Senior Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of A OPTIONAL SECTION County bi'/ n r CAPACITY CLAIMED BY SIGNER On X ,before me, _ Lr+ Though statute does not require the Notary to till in DA NAME of OFFICERJIG/,"JANE DoE o P LIC' the data below,doing so may prove invaluable to � �°-y persons relying on the document. personally appeared N i NAME(S)oFS'GNER(8) ❑ DIVIDUAL ❑ personally known to me-OR X proved to me on the basis of satisfactory evidence to CORPORATE OFFICER(S) be the person(s)whose name(s)io/are TITLE(S) subscribed to the within instrument and wledged to me the they executed ❑ PARTNER(S) ❑ LIMITED =PH MY VAN VO a in h!A r/ autho ed ❑ GENERAL ca ty(ies),and t by thei Corrariisakxi#1299730 ❑ ATTORNEY-IN-FACT g sign s)on ' strurnent p on(s)or ❑ TRUSTE B Notary Pubo'Csiifornilt the ty upon a 1f of which a erson(s) S) Orange County acted execut th nstrument. ❑ GUARDIAN/CONSERVATOR MyY,Comm.Arris Apr 5, ❑ OTHER: SS my han do i I SIGNER IS REPRESENTING: {� (NAME OF PERSON(S)OR ENrrrY(tES)) SIGNATIIRE OF NOTAIJY cll_r, OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below 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 SI NA The name and interest of the signer should be typed or printed BENEATH the signature. The name must a signed as it is typed or printed. II. I QBLI ALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. in. SIQN4n=a FOR PART RSHIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bindthe partnership. IV. S19NAIMa ZQR CORPQ9LnONS Documents should 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 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." jcn w 11PWU%HARDATA\UrPD"%ngSvc\FanrIWORDFORNISIALL PURPOSE NOTARY.d. R".A&vW 1,W01 vulf Insurance Group A Member of CitiGroup RIDER To be attached to and form a part of Improvement Security Bond for Subdivision AgreemenkType of Bond), Bond No. BF-2638210 ,dated the 17TH day of December , 2001 YEAR Issued by Gulf Insurance Company , as Surety,on behalf of Rock Island Homes, Inc. as Principal and in favor of County of Contra Costa ,as Obligee. Nothing herein contained shall be held to vary, waive, or alter, or extend any of the terms, conditions, agreements,or warranties of the above mentioned bond,other than stated as below. It is understood and agreed,effective December 17,2001 ,that the: G!EFFECTIVE BATE ❑PRINCIPAL NAME 0 EXPIRATION DATE ®PRINCIPAL ADDRESS BOND AMOUNT D OTHER For the above captioned bond be changed: FROM: Performance&Guarantee Amount$279,200.00 and Payment Amount$141,000.00 TO: Performance&Guarantee Amount$327,700.00 and Payment Amount$165,250.00 Provided,however,that the liability of the company under the attached bond as changed by this order shall not be cumulative. Signed thi4TH dof February 2002 s ay , YEAR Gulf Insurance Company BY: I IFIUUU Attorney-in-Fact Gulf Insurance Company 110 West"A"Street Suite 1805 San Diego CA 92101 GULF INSURANCE COMPANY HARTFORD, CONNECTICUT POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organized under the laws of the State of Connecticut, having its principal office in the city of Irving,Texas,pursuant to the following resolution,adopted by the Finance&Executive Committee of the Board of(Directors of the said Company or the 10th day of August,1993,to wit: "RESOLVED,that the President,Executive Vice President or any Senior Vice President of the Company shall have authority to make,execute and deliver a Power of Attorney constituting as Attorney-in-Fact,such persons,firms,or corporations as may be selected from time to time;and any such Attorney-in-Fact may be removed and the authority grant- ed him revoked by the President,or any Executive Vice President,or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors, RESOLVED,that nothing in this Power of Attorney shall be construed as a grant of authority to the attorneys)-in-fact to sign,execute,acknowledge,deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED,that the signature of the President, Executive Vice President or any Senior Vice President,and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile,and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make,constitute and appoint KEITH E. SANDROCK, SR. PATRICIA J. SANDROCK LYSANDRA OLIVER NATALIE CAICEDO its true and lawful attorneys)-in-fact,with full power and authority hereby conferred in its name, place and stead, to sign,execute, acknowledge and deliver in its behalf,as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorneys)-in-'act, pursuant to the authority herein given,are hereby ratified and confirmed. The obligation of the Company shall not exceed five million(5,000,000)dollars. IN WITNESS WHEREOF,the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. ANCe GULF INSURANCE COMPANY A���opPo�T SEAL �_ STATE OF NEW YORK SS COUNTY OF NEW YORK j Eas`G Lawrence P Miniter Executive Vice President On this 1st day of October,A.D.2001,before me came Lawrence lx Miniter,known to me personally who being by me duly sworn,did depose and say:that he resides in the County of Bergen,State of New Jersey;that he is the Executive Vice President of the Gulf Insurance Company,the corporation described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instruments is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order, pV10 j b Oa07Apy 5r A .o,`� David Jaffa STATE OF NEW YOLK 7 uBL�C' p� Notary Public,State of New York No. 02JA4958634 COUNTY OF NEW YORK SS OP NE`tt Qualified in Kings County Commission Expires December 30, 2001 I,the undersigned,Senior Vice President of the Gulf insurance Company,a Connecticut Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of New York. VkANce 00 Dated the 4TH day of February 20 02 oo¢Pol;gP �G SEAL �NVEc-s\°�h George Btancardt Senior Vice 'resident Tax Collector's Office County J.Pollecek County Treasurer-Tax Collector 625 Court street Contra Finance Building,Room 104 P.C). Box 631 �` Joseph L.Martinez Martinez,California 94553 Cosh Assistant Tax Collector 0463 (925)646-4122 County JoslynrationMitchell {926}646-4135 FAX "l lax Operations Supervisor Date: 1/25/2002 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# Clty T.R.A. 5372 KNIGHTSEN 72027 Parcel#: 020-150-005-5 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2001-2002 tax lien has been paid in full. Our estimate of the 2002-2003 tax lien, which became a lien on the first day of January, 2002 is $142,200.00 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. WILLI M .I. IF _..LLAC , T e -Tal Ile or Bond No: BE2638244 Premium: $2,560.00 J 1 Year Ter PRINCIPAL TITLE COMPANY SURETY Rock Island First American Title Co. Gulf Insurance Company 695 Town Center Dr. 1355 Willow Way,#101 110 West "A" Street Suite 1805 Costa Mesa,CA 92626 Concord,Ca 94520 San Diego CA 92101 Attn:Dennis Menke Attn.:Ellen Hole Attn: Dave Banfer Phone: 714-755-1084 Phone: 925-356-7038 Phone: 800-708 -0589 2002/2003 BOND AGAINST TAXES KNOW ALL MEN BY THESE PRESENTS: THAT undersigned, as principal and (Surety}_ Gulf Insurance Company , a corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in California as surety are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of 0 0 -two thousand two hundred and no cents Dollars be paid to said County of Contra Costa, for the payment of which will an tru y e 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 4TH day of February 2002. The conditions of the above obligation is suc SAS, the above bounded principal is about to file a map entitled Tra- _ , and covering a subdivision of a tract of laZ n ounty of Contra Costa and there are certain liens for taxes and special assessments collected as taxes, against the said tract of land covered by said map,which taxes and special assessments collected as taxes, are not as yet due or payable. NOW, THEREFORE, if the 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 of said tract, then this obligation shall be void and of no effect, otherwise it shall remain in full force and effect. Rock Island Homes,Inc., . .. Caiif�-Corporation Gulf Insurance Company DA - •"I Z b urety Ke3.th�11. Sanlrock. Sr. BOND RZ AND APPROVED Attorney—In—Fact RZAS t70U BY. NOTARY ACKNOWLEDGMENT STATE OF CA FORNI }ss COUNTY OF � On before me, , a Notary Public in and for s Id State, person appeared 27za,VZ'i 16:1- , (or proved to me on the basis of satisfactory evidence) to be the person(s) whose nme(s) W& subscribed to the within instrument and acknowledged P me that he/shefW executed the same in hislhegIRD authorized capacity(ies), and that by his/her/ 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. Signature R. MANLY VQCOWEMJULY ROTAoPUBLICGA8LIIFORNIA CONTRA COSTA COUNTY 0 w NOTAxr.SLK(R.V Sac) STATE OF Cali�`ornia Orange SS. COUNTY OF 9e' On February 4, 2002 ,before me, Natalie Caieedo PERSONALLY APPEARED Keith E. Sandrock, Sr 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 acknowl- edged 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 theNATALIE CAJOEIDO entity upon behalf of which the person(s) acted, executed COMM.a 1237799 the instrument. Notary Pubft - Calfornfa ORANGE COUNTY My Comm.E4*"OCT.12.2403 WITNESS my and and official se4l. I Signature his area for Oficial Notarial Seal t 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 CORPORATE OFFICER TITLets► TITLE OR TYPE OF DOCUMENT PARTNER(S) LIMITED © GENERAL X,tkATTORNEY-IN-FACT NUMBER OF PAGES LJ TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: IMINE OF PERSM(S)GR ENTITY(IL`s) Gu f Insurance ComparLi/ SIGNER(S)OTHER THAN NAMED ABOVE ID-08' a"`'.6/94 ALL-PURPOSE ACKNOWLEDGEMENT GULF INSURANCE COMPANY HARTFORD, CONNECTICUT POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organized under the laws of the State of Connecticut, having its principal office in the city of Irving,Texas,pursuant to the following resolution,adopted by the Finance&Executive Committee of the Board of Directors of the said Company on the 10th day of August,1993,to wit: "RESOLVED,that the President,Executive Vice President or any Senior Vice President of the Company shall have authority to make,execute and deliver a Power of Attorney constituting as Attorney-in-Fact,such persons,firms,or corporations as may be selected from time to time;and any such Attorney-in-Fact may be removed and the authority grant- ed him revoked by the President,or any Executive Vice President,or any Senior Vice President,or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED,that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign,execute,acknowledge,deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED,that the signature of the President, Executive Vice President or any Senior Vice President,and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile,and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf insurance Company does hereby make,constitute and appoint KEITH E. SANDROCK, SR. PATRICIA J. SANDROCK LYSANDRA OLIVER NATALIE CAICEDO its true and lawful attorneys)-in-fact, with full power and authority hereby conferred in its name, place and stead,to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorneys)-in-fact, pursuant to the authority herein given,are hereby ratified and confirmed. The obligation of the Company shall not exceed five million(5,000,000)dollars. IN WITNESS WHEREOF,the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. t "c oo GULF INSURANCE COMPANY �Ut©Rp��Tr� SEAL � STATE OF NEW YORK � SS o �0 COUNTY OF NEW YORK ct'c Lawrence P. Minter Executive Vice President On this 1st day of October,A.D.2001,before me came Lawrence P.Miniter,known to me personally who being by me duly sworn,did depose and say:that he resides in the County of Bergen,State of New Jersey;that he is the Executive Vice President of the Guff Insurance Company,the corporation described in and which executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instruments is such corporate seal;that it was so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order. py1D d 41y�TA A x David Jaffa STATE OF NEW YORK 7 SBL% 0 Notary public,State of New York COUNTY OF NEW YORK SS �F NL S No.02JA4958634 Qualified in Kings County Commission Expires December 30,2001 1,the undersigned,Senior Vice President of the Gulf Insurance Company,a Connecticut Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of New York. .�gvM"c co bated the 4TH day of February 20 02 `4 �pPPo r '.o SEAL 'S` , c•. -� ��NEC�lC4, George Biancardi Senior Vice President