The URL can be used to link to this page

Home My WebLink AboutRESOLUTIONS - 01012002 - 2002-152 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 19, 2002,by the following vote: AYES: SUPERVISORS UIIZIEMA, GEHER, DESAULNIER, GLOVER,,and GIOIA NOES: NONE ABSENT: NONE ABSTAIN:NONE RESOLUTION NO. 2002/152 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8500,being developed by Tamarind Place Associates, Walnut Creek area(District 11). The following documents were presented for Board approval this date: 1. Map The final map of Subdivision 8500, property located in the Walnut Creek area, Supervisorial District 111, said map having been certified by the proper officials. H. Subdivision Agreement A subdivision agreement with Tamrind Place Associates, 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) Contact: Rich Lierly(313-2348) I hereby certify that this is a true and correct copy of an action c, Public s-T. I ll,C us uctio$azl.a� taken and entered on the minutes of the Board of Supervisors cc: Public Works--T.Bell,Construction Current Planning,Conrnrnity Developrrrent on the date shown. T—12-14-12 Tamarind Place Associates Atm. Walter P.McEneray &5 Mt Diablo9 A Blvd,Ste.35o LaATTESTED:- * Lafayette,CCA 44549 Developers surety and lnderanity company JOHN SWEETEN,Clerk of the Board of Supervisors and Atter: Carolyne S.Emmy 1451 River Paris M,Ste,260 County Administrator Sacramento,CA 95815 stow Partners Attw Mr,and Mrs.Frederick 16 Park Avenue Walnut Creek,CA 94595 Bar L ,Deputy Old Republic Title Company 3000 Clayton Road Concord,CA 94519 RESOLUTION NO.2002/152 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8500, being developed by Tamarind Place Associates, Walnut Creek area{District II}. DATE: March 19, 2002 PAGE 2 A. Cash Bond Performance amount: $2,765.00 Auditor's Deposit Permit No. 382224 Date: February 27, 2002 Submitted by: Desco Development Company Tax ID Number: 90-0006793 B. Surety Brand Bond Company: Developers Surety and Indemnity Company Bond Number: 878199S Date: February 21, 2002 Performance Amount: $273,735.00 Labor&Materials Amount: $138,250.00 _ Principal: Tamarind Place Associates 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 $2,700.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: Developers Surety and Indemnity Company Bond Number: 878200S Date: February 21, 2002 Amount: $2,700.00 Principal: Tamarind Place Associates 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. COUNTY OF CONTRA'COSTA DEPOSIT PERMIT , . OFFICE OF COUNiY-AJA*TOR-CONTROLLER REASURER: MARTINEZ,CALIFORNIA MM FROM - ;. ORGANIZATION NUMBER (For Cosh Collodion Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG IL C)CT TASK OPTION ACTIVITY AMOUNT L L► _._ 1 !� '. pts [ 0 i �:� /r b I Dt 5U8 S it r j t t r r I r r 1 r r i t EXPLANATION: t TOTAL $ DEPOSIT Deposit.coruists of the follcsvvingi items CLAN and CVR 1- ICY_ $ CHECKS,MCt,ETC. ' BANK DEPOSITS $ j FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERU.BTR DP_3<� L I DATE ASSIGNE s The pnxiunt of money described above is for Treasurer's receipt of above amount is into the County Treasury approvedo a is hereby acknowledged rtr : �a [fRe �. rCounty Treasurer 34 ktY(T 93) pvp 0648- 40 / 0: G10 137 $6,960. 0 SUB :, Dev Co s Realty Servi 367`5 Mt blo Blv u�y krA„A c L ette, CA 4549 518 $ - qi D 0649-9665 / 831000: G1061370, SUB 8500, Desco Dev Co, Focus Realty Services, 3675 Mt Diablo Blvd Suite 350, Lafayette, CA 94549 Map Check Fee $4,600.00 PlarvCheck Fee $5,400.00 Inspection Fee $14,603.75 819800-0800: 1091369, $2,765.00, SUB 8500, Desco Dev Co, Focus Realty Services, 365 Mt Diablo Blvd Suite 350, Lafayette, CA 94549 Subdivision: 8500 Tamarind Place Bond No.: 878199S IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 66499- 66499.10) 1. RECITAL of SU$UrvisioN 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 8500 .as specified in the subdivision agreement and to complete said work within the time specifiedTTdV 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. TAMARIND PLACE ASSOCIATES, A CALIFORNIA 2. OBLIGATION: LIMITED PARTNERSHIP as principal and DEVELOPERS SURETY AND INDEMNITY COMPANY a corporation organized and existing under the laves of the State of IOWA and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: TWO HUNDRED SEVENTY-THREE THOUSAND SEVEN HUNDRED A. Performance and Guarantee: THIRTY-FIVE AND N01100THS**** Dollars ($_273,735.00 )for Contra Costa County or any city assignee under the above County Subdivision Agreement. ONE HUNDRED THIRTY-EIGHT THOUSAND TWO HUNDRED FIFTY AND B. Payment: NO11OOTHS **** Dollars ($__08,250.00 )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. CONDITION• A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal, or principal'sheirs,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 (2.8.) 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,cqVanies 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; 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 AND SEALED on February 21, 2002 TAMARIND PLACE ASSOCIATES, A California Limited Partnership BY: Lenox Homes, A California.Limited Liability Company, General Partner By: Focus Realty Services, Inc., Managing Member DEVELOPERS SURETY AND INDEMNITY PRINCIPAL: SURETY: COMPANY Address: 3765 Mt. Diablo Blvd— Suite 350 Address: 1451 River Park Dr., #260 City: Lafayette Zip: ........94549, City: S ra entos CA `p: tws 15 i• By: r` By: , Print Name:Walter P. McEnernev Print Name: Carolyne S. Emery Title: Vise President and Secretary Title: Attorney-in-Fact JD:mw:lap GAGrpD3ta\En0vcl6bmulBN WORMN-12AJoc Rev.November 29,2000 ALL-PURPOSE ACKNOWLEDGMENT Fsot-a"te'of California County of Contra Costa SS. + 111 On, February 21, 2002 before me. Garee' Smith, Notary Public • + + 'O"m _.. (NOTARl) personally appeared CarOlvne S. . Emery f• • { personally known to me OR.- ® proved to me on the basis of satisfactory, ! evidence to be the person(s) whose names 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), 1 or the entity upon behalf of which the • person(s) acted, executed the instrument. GAREE' SMITH m ! U °. COMM. 1213284 WITNESS my hand and official seal. ! 0 NOTARY PUBLIC-CALIFORNIA 12 CONTRA COSTA COUNTY 0 • COMM.EXP.MARCH 11,2903"t NOTARY'S S)GNAYURE • T■j" OPTIONAL INFORMATION t1f. The information below is not required by taw. However, it could prevent fraudulent attachment of this acknowl- edgment to an unauthorized document. + CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRrPTION OF ATTACHED DOCUMENT 0 INDTVTDUAL * 0 CORPORATE OFFICER ! Tis) TITLE OR TYPE OF DOCUMENT 0 PARTNER(S) ! 0 ATTORNEY-IN-FACT + iC1 TRUSTEE(s) NUMBER OF PAGES • 0 GUARDIAN/CONSERVATOR 0 OTHER: ! DATE OF DOCUMENC SIGNER IS REPRESEN'T'ING: ! NAME OF tER5014(S)OR ENfrtYt)FS) + OTHER L0.q000r l.nOEMr. /.-MMMM- +•in.!-'MEMO-i+ilfr! ! ��l��ri+rfl�.l++��! +rtirl+iriil++�� APA 1/94 VALLEY-SIERRA.800-362.3369 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 14725,IRVINE,CA 92623•(949)263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each severally,but not jointly,hereby make,constitute and appoints ***Robin P. Newman, Stephanie`VVorden, Carolyn S. Emery, jointly or severally*** as 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 giving and granting unto said Attorney(s)-in-Fact hull 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 Attorneys)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney Is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNI'T'Y COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2080: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qua'Wifyng 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 Enure with respect to any bond,undertaking or contract of suretyship to which it Is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8'"day of November,2000. ""...AND"`"'•a By: �' '`( ....../* 'o ,PANYa David H.Rhodes,Executive Vice President ,�jq'••' PO ' ;.P,'S r�O ppOp 'cCl W10T. �fi i 20 OCT.5 0 C6 :rye a ; t 1967 --0 `�• :c7: 1936 Welter A.Crowell Secretary Z/F STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On November 8,2000,before me,Diane J.Kawata,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within Instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the Instrument the entity upon behalf of which the persons acted,executed the Instrument. WITNESS my hand and official seal. Ile DIMa J.l%MTA COW•ff67438 � Signature A ` aORANGE COUNTY Wm"W-cAmp" Mir tTttna EML Jon.8.NM CERTIFICATE The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains In full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth In the Power of Attorney,are in force as of the date of this Certificate. Ills Certificate is executed In the City of Irvine,California,the 21st day of February 2002 LA By— (a >OL' David G.Lane,Chief Operating Officer ID-1380(11/00) ALL-PURPOSE ACENOMPLEDGMENT State of California ss. I County of Contra Costa f # # On February 21, 2002 before me. Garee' Smith Notary Pub!i c {DATE) picrrARY) • personally appeared Walter P. McEnerney 1 MWER(S) • # personally known to me - 0P,- 0 proved to me on the basis of satisfactory, evidence to be the person(s) whose names) 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. } 1 + =*W SMITH WITNESS my hand and official seal. • COMM.♦12132" NOTARY PUt3UC-CALif®RMA CONTRA COSTA COUNTY A / COMM.UP.M ARC N 14,ZQOS'" lnz& ' N'OTARY'S#lGNATURE • # OP'T'IONAL ]INFORMATION # The information below is not required by law. However, it could prevent fraudulent attachment of this ack owl- + edgment to an unauthorized document. ' CAPACITY CLAIMED BY SIGNER (PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT + C1 INDIVIDUAL # 0 CORPORATE OFFICER • TiTI-.E OIL TYPE OF DOCUMENT Tftt.E(S) 0 PARTNER(S) # ❑ ATTORNEY-IN-FACT # 0 TRU (s) NUMBER OF PAGES • ❑ GUARDIANICONSERVATOR # OTHER: # DATE OF DOCUMENT • SIGNER IS REPRESENTING: •j # HAMS OF PERSONS)OR ENTITY(M) OTHER # L +fir. # .rni#� ID #ir.#-it#+r1i-#+i�-#ice#+fir/+n�.+a�r#++id#+�►# r�lr.#�►#+.rr•#-+�� APA 1*94 VALLEY-SIERRA.SM362-3369 Tax Collectoes Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.o.Box 631 JosephJoseph L. Martinez Costa Martinez,Califomla 94553- Assistant Tax Collector 0063 (925)646-4122 County t nt � (925)646-4135 FAx1 14)/ Joslyn Mitchell Tax Operations Supervisor .i Date: 2/1/2002 IF THIS TRACT IS, T 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 I MS# City T.R.A. 8500 WALNUT CREEK 98002 Parcel#: 185-360-019-3 185-360-020-1 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 $2,700.00 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. WILL M J. P L Trea ure - le c or By: Bond No. 8782005 Premium: $100.00 Minimum Premium PRINCIPAL TITLE COMPANY SURETY TAMARIND PLACE ASSOCIATES, A DEVELOPERS SURETY AND INDEMNITY California LiTnirpti Partnership Old Republic Title Company COMPANY 3765 Mt. Diablo Blvd. , #350 3000 Clayton Road 1451 River Park Dr. , Suite 260 Street Address Street Address Street Address Lafayette, CA 94549 Concord, CA 94519 Sacramento, CA 95815 City, State, Zip City, State, Zip City, State, Zip Walter P. McEnerney Dawn Cabral Peggy Roy Contact Person Contact Person Contact Person (925) 283-8470 (925) 687-7880 (800) 924-8655 Phone Number Phone Number Phone Number V _ BOND AGAINST TAXES KNOW ALL MEN BY THESE PRESENTS: TAMARIND PLACE ASSOCIATES, A California THAT Limited Partnership , as Principal and DEVELOPERS SURETY AND IND as Sure a cot oration or anized q o EMNITY COMPANY ty, p g and existing under the laws of the State of IOWA and authorized to to transact surety business in California are held and firmly bound the County of 9unto Contra Costa, State of California, in the penal sum of TWO THOUSAND SEVEN HUNDRED DOLLARS ($2,700.00), to be paid to the said County of Contra Costa, for the payment of which will and truly be made, we and each of us bind ourselves, our heirs, executors, administrators and successors,jointly and severally, firmly by these presents. Sealed with our seals and dated this 21ST day of February 2002. The conditions of the above obligation is such that WHEREAS, the above bound Principal is about to file map(s) entitled SUBDIVISION 8500, covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against said tract of land covered by said map(s), which taxes and special assessments collected as taxes, are not as yet due or payable. NOW THEREFORE, if said Principal shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said map, at the time of the filing of said map, then this obligation shall be void and of no effect Otherwise it shall remain in full force and effect. TAMARIND PLACE ASSOCIATES,- A California Limited Whan ip SURETY: BY: Lenox Hames, A �lifornia Limited Liability DEVELOPERS SURETY AND INDEMNITY Company, General Partner C BY: Focus Realty Services, Inc. , Managing Member By: •. (ALL SIGNATURES MUST BE NOTARt� By Carolyne S. hvmery Walter P. McEnerney, Vice President Attorney-in-Fact and Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDOMENT- No.694. State of CALIFORNIA County of CONTRA COSTA On February 21, 2002 CAREE' SMIT1i , Notary Public before Me, G r�..0l1M NAME.TITLE Or OMCEn-6.ti..JANE 006,NOTMT KMUC. r personally appeared CAROLYNE S. EMERY NAM6M of 610K448) 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 ac- knowledged to me that he/shelthey executed the same in his/her/their authorized Capacity(ies), and that by his/her/their �= signatures) on the instrument the person(s), ,v... , CAREESM17H or the entity upon behalf of which the COMM.#12132 t person(S) acted, executed the Instrument. NOTARY PUBLtC CALIFORNIA 22 CONTRA COSTA COUNTY COMM.EXP.MARCH 15,2003'' WITNESS my hand and official seal. OM MATUMe C!NOTARY OPTIONAL Though Ow data below is not requirod by law, it may prove valuable to pemons rrrlyirrg on the document and rould prevent karadulent mattachment of this forum. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL. 0 CORPORATE oFlticEn TITLE OR TYPE OF DOCUMENT 0 PARTNER(s) umn-m ® t3ENERAL 0 ATTORNEY-IN-FACT ❑ TRUSTIMS). NUMBER OF PAGES ' 0 ATOR 0 - DATE OF DOCUMENT S03NER iS REPRESENTORkc wl++it ar�c�+tp oR ermrn� SlQNER(S)0''114ER THAN NAMED ABOVE Ot40d tiA[PpNJ1t,NCTJ1FiY f4S�Ip/1T101�i+112Ji/t�n+Irlst J4a9r..P.C7.doa 7m1lt+C9rioyr Prrk.CA#i9D'!T-�1[? CALIFORNIA ALL-(PURPOSE ACKNOWLEDGMENT P � ( Stateof California County of Centra Costa on February 21 , 2002 beforeme, Margaret Ann Riesberg ., Notary Public Data Name and Title of Officer(e.g.,`Jane Doe,Notary PublV) personally appeared Walter P. McEnerney , Nama(s)of Signer(s) X personally known to me–OR–0 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, MARGAAFT ANN RIESBERrs executed the instrument. COMmWiSION 1282261 a 1`401—Y PUSLIC-CALIFORNIA '`A COSTACOUNTY WITNESS m hand and official seat Myy C,•mrtpsetron exps.Nov 12.20(12 y t Signature of Notary Public ( OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: i Document Date: Number of Wages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual r ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑ General ❑ Partner--❑ Limited ❑General ❑ Attorney-in-Fact CI Attorney-in-Fact ❑ Trustee ❑ Trustee a „� ( ❑ Guardian or Conservator ❑ Guardian or Conservator - t ❑ Other: Top of thumb here ❑ Other: Top of thumb here r s Signer Is Representing: Signer Is Representing: 4 I C' 0 1995 National Notary Association*8236 Remmet Ave.,P.O.Box 7184«Canoga Park,CA 91309-7184 Prod.No.5907 Reorder:Call7oll-Free 1.800-878£827 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNI'T'Y COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINF,CA 92673•(949)263-3300 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each severally,but not Jointly,hereby make,constitute and appoint: ***Robin P. Newman, Stephanie Worden, Carolyne S. Emery, jointly or severally*** as 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 giving and granting unto said Attorney(s)-in-Fact full power sod 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 sold corporations full power of substitution and revocation,and all of the acts of said Attorneys)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,quali�'ying 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.boad,undertaking or contract of suretyship to which Itis attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 11"day of November,2000. CilBy: �,.••ty AND � oPAN Y O David H.Rhodes,Executive Vice President .'•�`y¢`OAppq flfi �y, PPOR {+ yS 2 u;t• Oct `z.c p OCT.5 Y'0 o: W 1967 JD By` 3ry , OWf,..•``„bD r ��i �,� O Walter A.Crowell, Secretary '�.,7 •, 1 d� C/F � STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On November 8+2000,before me,Diane J.Kawats,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument. WITNESS my hand and official seal. DIANE A"%%TA Signature tpOtilN k7 �•JNrt 1.19DCt CERTIFICATE The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains In full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective)bards of Directors of said corporations set forth in the Power of Attorney,are In force as of the date of this Certificate. This Certificate Is executed In the City of Irvine,California,the 21St day of February 2002 1;y -(a--.e-4. David G.Lame,Chief Operating Officer ID-1380(11/04) SUBDIVISION AGREEMMNT (Government Code§66462 and§66463) Subdivision: 8500 - Tamarind Place Principal: Tamarind Place Associates, L. P. Effective Date: r_ 2, Completion Period: I year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: COTamarind Place Associates ,L:P. , by: NIR COSTA Ct�LrR'l�' PRINCIPAL Lenox Homes,LLC,Gen:Ptnr. , Maurice M.Shiu,Public Works Director by Focus Realty Services, Inc. ,Mgr. By: � i 0--t,0-7 {Sigmnan) . fLECOMENDE' �'"""""'°�`iqa) Curt Elomstrand, President ngin ices Division {Pra�enune�c;ue) Walter P.McEnerney, S etary P OV : Victor J.Westman,County Counsel (NOTE: All signatures to be admowledged. if Principal is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1 I'AIZTTES 8t DATE• Effective on the above date,the County of Contra Costa,California,hereinafter called" Principal,mutually promise and agree as follows concerning this subdivision: County"and the above-mentioned 2• IMPItdVEMF.hr'1'. . . ___� principal 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). Principal 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§§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 matte thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern, 3. IMPItOVEA�EIw'T SEC'I7R TY. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A• Ig or Perform *+ci afl�t guarantee $2, 7 6 5 . 0 0 cash,plus additional security,in the amount:$273 f 73 5.0 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. 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 matenals'or any unsatisfactory performance. $. For Pa enf: Security in the amount:sl 3 8, 2 5 0.0 0whworkich is fifty percent(60%)of the estimated cost of the Such security is presented in the form of Cash,certified check,or cashier's check X 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 furnishing 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§94-4.406 and§94-4.408 of the Ordinance Code. 4: GUARANTBE AND WARRANTY OF WORK. Principal 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. Principal agrees to correct,repair,or replace,at Principal's 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, S. PLANT ESTABLISHMENT W01zK. 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. IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work as promised inSection 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,Principal shall make whatever changes necessary to the plans 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 Principal of the obligation to fulfill this agreement as prescribed;nor shall tgbunty 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. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities 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,propertydamage,inverse condemnation,or any combination of these and regardless ofwhether or not such liability,claim or damage was unforeseeable at any time before Countyreviewed 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 1'aability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to`Principal,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 indenmification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Principal shall pay when due, all the costs of the work,including inspections thereof and relocation of existing utilities required thereby. 10. S VEYS. Principal 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 eamplete by the Board of Supervisors. IL NUN-PEMORMANCE AND COSTS:If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and 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 fords,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 ormaintaining the work,Principal agrees to pay all attorneys fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work. 12. INCORPQRATION/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,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. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. RL-Mlad o::AorQDat rE,ssv T*rrr\AowosMAOr 30.doc Rev. October 2S,2001 - . CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT r Stateof California { County of Contra Costa OnBebruary 21 2002 before me, Margaret Ann Riesberg , Notary Pubj is Date Name and ntle of Officer(e.g.,'Jens Doe,Notary Public) personally appeared Curt Blomstrand and Walter P. McBnerney Name(s)of Signer(s) Ill 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 i 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, MARGARET ANN RIESBERG t executed the instrument. COMMISSION 1282281 +pr NOTARY pUBL"ALiFORNiA � ONTA COS COUNTYWITNESS my hand and official se I. cmifflislim exps.WV 12; r Signature of Notary Public OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could pre l fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document: Document Date: Number of Pages: ( Signer(s) Other Than Named Above: ( Capacity(les) Claimed by Signer(s) I Signer's Name: Signer's Name: ❑ Individual ❑ Individual ( ❑ 'Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner—❑ Limited ❑General ❑ partner--❑ Limited 0 General ❑ Attomey-in-Fact ❑ Attomey-in-Fact ❑ Trustee I ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator I ❑ Other: Top of thumb here ❑ Other: Top of thumb here I i Signer Is Representing:g p 9: Signer Is Representing: r' `7 r I 01995 National Notary Association•6,236 Remrnet Ave.,P.O,Box 7184•Canoga Park,CA 91309-7164 Prod.No.5907 Reorder:Call Toil-Free 1-MO-876.6627