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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-375 ! F1 r THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 25, 2002,by the following vote: AYES: Supervisors Gerber, Uilkemla, DeSaulnier, Glover, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.2002/ 375 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 13-98, being developed by John Pereira and Debbie Pereira, Tassajara area. (District M) The following documents were presented for Board approval this date: I. Map The parcel map of Subdivision MS 13-98, property located in the Tassajara area, Supervisorial District III, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with John Pereira and Debbie Pereira,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 taken and entered on the minutes of the Board of cL` sSu ervisors on the date shown. a:u3�,nte ,��sotzoozus-zs�azu�ls 13-9e BO-21.&c OriStnator:Public Works(Es) Contact: Clens Lau(313-2293) ATTESTED: June 25 2002 cc: Public Works—T.Bell,Constnicdon Cnrent Planning,Co mmuMy Developn=t JOHN SWEETEN,Clerk of the Board of Supervisors and T-425-03 County Administrator John M.Pereira and Debbie L.Pereira 1505 Pink}Road 1`104SAUtDo,CA 94588 Financial Pacific Instownce Co. P.O.Box 292220 By ,Deputy CA 95829 Att:Jobn J.Daley RESOLUTION NO.2002/ 375 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 13-98, being developed by John Pereira and Debbie Pereira, Tassajara area. (District III) DATE: June 25, 2002 PAGE 2 A. Cash Bond Performance amount: $1,300.00 Auditor's Deposit Permit No. 387160 Date: May 29, 2002 Submitted by: John M. Pereira Tax ID Number: 545-23-9907 B. Surety Bond Bond Company: Financial Pacific Insurance Co. Bond Number: 5504866 Date: May 22, 2001 Performance Amount: $126,200.00 Labor&Materials Amount: $63,750.00 Principal: John Pereira and Debbie Pereira 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 $11,200.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Cash Bond/CD CD Number: 0927651067 Date: May 9, 2002 Amount: $11,200.00 Principal: John M. Pereira and Debbie L. Pereira NOW,THEREFORE, THE FOLLOWING IS RESOLVED: I. 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 parcel map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 20021375 SI3BDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivision: MS 98-0013 Principal: JOHN & DEBBIE PEREIRA Effective Date: MAY 22, 2002 Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA CO STA COUNTY PRINCIPAL JOHN & DEBBIE PEREIRA Maurice M.Shiu,Public Works Director {signature) 0:L (Print nine lel JOHN PEREIRA MM DED FOR P OV By- (signature) n i ervices Division (Printname&exie) DEBBIE PEREIRA FORM APPR D: Victor I Westman,County Counsel (NOTE: All signatures to be acknowledged. if Principal is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PAEMES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Coon "and the above-mentioned Prt_ 'nciRal,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. 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 made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County Ordinance.Code,provide as security to the County. A. For Performance and Guartttatee: $1.300.00 cash,plus additional security,in the amount:$1.26,200.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. —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. For Paylt�ient: Security in the amount:s 63,750.00 _,which is fifty percent(50%)of the estimated cost of the work. 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§944.406 and§94-4.408 of the Ordinance Code. 4. QVABANTEE 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. 5. PLANT ESTABLISHMENT WORK. 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 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,Principal shall make whatever changes necessary to the plans to accomplish the work as promised. 7. NQ 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 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. 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 liabilitigs 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 proceeding(s)concerning said liabilities and claims. C. The actions causingliability 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 indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSIS: Principal shall pay when duo,all the costs of the work,including inspections thereof and relocation of existing utilities required thereby. 10. SURVEYS 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 complete by the Board of Supervisors. 11. NON=PERFORMANCE 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 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. INCORPORATION/ANNEXATION, If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,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 tem7s 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:ID:lad C}\GrpDataXBn1Svs+ brnw\AG WOPMAG-30.doc Rev. October 25,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of; CALIFORNIA OPTIONAL SECTION County of CONTRA COSTA CAPACITY CLAIMED BY SIGNER on May 22,200 fore me, M. CARDONE NOTARY PUBLIC Though.statute does not require the Notary to till in DATE NAME,DILE OF OFFICER E.G.,"JAM DOI3 NOTARY PUBLIC" the data below,doing so may prove Invaluable to personally appeared JOHN >J J. DALEY persons relying on the document. NAMS(S)OF SIGNER(S) ❑ INDIVIDUAL ❑ Tersonally known tome-OR-0 proved tome on the basis of satisfactory evidence to ❑ CORPORATE OFFICERS) be the person(s)whose name(s)is/am Tm s(S) subscribed to the within instrument and acknowledged to me that he/she/they executed ❑ PARTNER(S) ❑ LIMITED M,CARDONE the same in his/her/their authorized ❑ GENERAL Commi"lon N 1'34pp1 g [ capacity(ies),and that by his/her/their ATTORNEY-IN-FACT Notary Public-Calltomia signature(s)on the instrument the person(s)or ❑ TRUSTEE Comm Cow County the entity upon behalf the personTRUSTEE(S) ❑ GUARDIAN/CONSERVATOR acted,executed the insdtr vrn My con",Etsph"Mar2912= 0 OTHER: WL11 S and d cial se SIGNER IS REPRESENTING: (NAM OF PERSON(S)OR M rrrrY(MS)) N*...#S1GNkr TARY FINANCIAL PACIFIC INSURANCE COMP 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 "hle "I 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. H. SIQNA�"EOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIQN4JWS FOR PARJI=HIPS - Signing party must be either a general partner or be authorized in writing to have e authority to sign off`r and bin the partnership. IV. SIGNATURES FOR CORPORATION Documents should a sign o 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 C1The Chief Financial Officer The Assistant Treasurer Y 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." JQWW \\PWS4W ARDATA\GpDuaM3nevc\Form\WORD FORMSIALL PURPOSE NOTARY.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of t OPTIONAL SECTION County ofc,.+ t`..- CAPACITY CLAIMER BY SIGNER On before me, O t t PThough statute does not require the Notary to tits in TB MB TITt1i op OFFICER Is.0.,"JAMB DO& TARY PUBLIC^ the data below,doing to may prove invaluable to personalty appeared � `� S �`� Qfo persons relying on the document. NAMB(S)OF SIGNBR(S) ❑ INDIVIDUAL Hy known to me-OR- proved to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S) " OR be the person(s)whose name(s)is/are L. B. BARNE<TT subscribed to the within instrument and T COMM.#12811 5 —i acknowledged to me that he/she/they executed ❑ PARTNER(S) ❑ LIMITED the same in his/her/their authorized r' NOTARY PUBLIC.CALIFORNIA � ❑ GENERAL CONTRA COSTA COUNTY capacity(ies),and that by his/her/their ❑ ATTORNEY-IN-FACT signature(s)on the instrument the person(s)or MY Comm.Expires Ott.18,2OOd ❑ TRUSTEE(S) theen' upon behalf of which the person(s) anted, ecu" the instrument. ❑ GUARD CONSE ABR OTHER: a3rti = S y h nd otlicial SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENrrTY(IES)) A NOTARY OPTIONAL SECTION [THIEIFICATE MUST BE ATTACHED Title or Type ofDocument1 1 tS 1 CUMENT AT RIGHT. Number of PagesoP1 1 1data below is not required by law,it may prove valuable Date of Document C)0elying on the document and could prevent fraudulent Signer(s)Other Than Named Abovent 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. 1. FOR ALL SIGNATI)RES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed as it is typed or printed. 11. MQNA.TURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. in. SM41R I F04 PAR: SHIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sig or and bind the partnership. IV. S GNA FOR CORPORATIONS Documents should be ssignedy�two officers,one from each of the following two groups: GROUP 1. Na, The Chair of the Board The President Any Vice-President GROUP 2. NC The Secretary An Assistant Secretary 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." JCmw %\PWS"HARD.TAIOrpIDda\&Ovc\PmmtWORDFORWAIXPURPOSENOTARY.doe CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of Of h OPTIONAL SECTION Countyof CmA�'r"° C' CAPACITY CLAIMED BY SIGNER On ,before me, j & -' Though statute does not require the Notary to tail in wraof OFFICER a.cr "J DOE PUBLrC• the data helow,doing so may prove Invaluable to personally appeared �G� persons relying on the document. NA S)of ICMR(S) a INDIVIDUAL personally known to me-OR!�j proved tome on the basis of satisfactory evidence to O CORPORATE OFFICER(S) be the person(s)whose name(s)is/are s -- --i—� subsorr*bed to the within instrument and ) L. B. BARNEYT acknowledged to me that he/shehhey executed the same in his/her/their authorized _ 0 PARTNER(S) [) LIMITED COMM.#1281135 G GENERAL NOTARY PUgIiCa aci us and that b his/her/their CALIFORNIACALIFORNW *_ signature(s)( )on the instrument the persons)or C ATTORNEY-IN-FACT O TRUSTEE S) the entity upon behalf of which the person(s) TRUSTEE( S) CONTRA COSTA COUNTY Comm.Expires Oct.16,2004 anted,ex utcd the instrument. 0 GUARD CONSE VAT X OTHER: ,. WITN S and an ic(a1 seat SIGNER IS REPRESENTING- (NARffi ofBRSO N(S)OR OR (t ) l 1�' al OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or a of Docu TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document Itore-attachment persons relying on the document and could prevent fraudulent Signers)Other Than Named Above of this form INSTRUCTIONS TO NOTARI' no 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. 1. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name mustensignnsexxachy as it is typed or printed. II. SI9NLATURES FQR_INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SI URES EOR PA RSHIPS - Siping party must be either a general partner or be authorized in writing to have the authority to sip for and bind the partnership. IV. SIS ' tES FOR C RP RATIONS Documents s ou �e signs y 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 The Chief Financial Officer cr The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized, will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." Jc:r" \IW54ZP.kWAtTAKGepDW�EnaSvelPomx\wORD FORMSULL PURPOSE NOTARY.&& 1,AJV.NI T ut t.UN I KA C.Ub1A DEPOSIT PERMIT � OFFICE OF COUNTY AUMOR-CONTROLLER TO THE TREASURER: MARTINEZ`CALIFORNIA RECENED FROM ( ) ORGANIZATION NUMBER (Far Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION l`UND/ORG UIL TASK ION ACTIVITY AMOUNT t I� VJ $ 4 `�()C {' a � } � it i � i 4 / ii 4. ' pm,L Dd3 oc DLaoof ?l o ! i i �yi 1 i i i i i • i i EXPLANATION -32 � DEPOSIT IL .� �... Deposit cosrWsts of the following items c t a. �� COIN aM CURRENCY $ CHECKS,MA0,ETC. BANK DEPOSITS j_ C. \00 t�/t CM bg el FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT Dp NUMBER DATE 307160 MY 2.?"02 ASSIGNED' The amount of money described era is for Treasurer's receipt of above amount is Receipt of above amount is hereby ento 0*Caurty T ury acknowledged •0 `1 r�L;J i � Signed: oo L .. Itl.,..✓' o�inty ito Deputy County Treasurer' D-34 REV.(7-93) -_ 000649-9665 / 831000: 61093249, $5W.00, RS 2673 Record of Survey Map Check Fee, N. Ross Hill or Marcelle Potier Hill, 48 Farnham Place, Metairie, LA 70005 000649--9665 / 831000: G1093250, 500.00, RS 2674 Record of Survey Map Check Fee, Gilbert A. Fitch & Assoc. Inc., 1320 Galaxy Way #101, Concord, CA 94520 000649-9665 / 831000: G1093257, $9,237,50, MS 13-98 Inspection Fee, John M. Pereira, 1505 Finley Road, Pleasanton, CA 94588 000649-9665 / 831000: G1093259, $10,234.00, MS 15-00 Improvement Plan Review, American Forest Products, Inc., PO Box 516, Pleasanton, CA 94566 000649-9665 1831000: G1093260, 1500.00, SUB 7641 Certificate of Correction Map Check Fee, Lindquist Landing Marina, 4500 Holland Tract Road,-PO Box 470, Knightsen, CA 94548 819800,0800:f--61093257 $1300600. MS 13=98 Performance Cash Bond,,_ Jahn Mo P+rrerra 1505 Finle Road, Pleasanton, CA 94588 248900-0660: G1093258, $200.00, Rental Deposit on Hall for 06/15/02, Cecilia Zepeda, 435 Christine Drive, San Pablo, CA 94806 PREMIUM: $2,524.00 JOB NUMBER: DK #89-1017-20 Subdivision: DEV. NO. MS 13-98 Bond No.. S504866 IMPRovEMENT SEcuRrry BUND FUR SUBI3MSIUN.AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 65499-66499.10) 1. RKWAL of SUB17rvISIgrg A gEnar a The developer(principal)has executed'a subdivision agreement with the County Gf Centra Costa to install and pay for street, drainage and other improvements in Subdivision MS 13-98 ,as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. QBLMATLQ JOHN AND. DEBBIE PEREIRA as principal and FINANCIAL PACIFIC INSU'RAN'CE COMPANY a corporation organized and existing under the laws of the State of CALIFORNIA and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,successors and assigns to the County of Contra Costa, California to pay,as follows: A. Performance and Guarantee: ONE HUNDRED TWENTY SIX THOUSAND, MO HM��� .Dollars(&J 26.200,OQ _ - _ - for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: SIXTY THREE THOUSAND, SEVEN HUNDRED FIFTY----------------------Dollars ($ 63,750.00----------------- )to secure the claims to which reference is made in Title:XV (commencing with Section 3082) of Fart 4 of Division 1I of the. Civil Code of the State of California. 3. C=mo . 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.$.) 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 fart 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 SEAup on MAY 22, 2001 PRINCIPAL: JOHN AND DEBBIE PEREIRA SURETY: FINANCIAL PACIFIC INSURANCE COMPANY Address: 1505 FINLEY. ROAD Address: P.O. BOX 292220 City: LEAS ON, CA ip� 94588 City: SACRAMENTO, CA Zip; 95829 $y; BY• By: Print ame- JOHN PEREIRA / DEBBIE PEREIRA print IV JO J. DALEY Title: PROPERTY OWNERS 'Title: Attomey-in-Fact JD:mw:bq o:4qQa\2ngsvtWon= N WORMN-12.doc Rev.Novamber 21,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT" State of CALIFORNIA OPTIONAL SECTION County of CONTRA COSTA CAPACITY CLAIMED BY SIGNER On before me, M. CARDONE, NOTARY PUBLIC Though statute does not require the Notary to till in A � NAME,TITLE OF OFFICER B.O.,"JANE DOB,NOTARY PUBLIC- , the data below,doing so may prove invaluable to personally appeared JOHN PEREIRA persons relying on the document. NAMB(S)of sioxsR(s) 0 INDIVIDUAL 0 personally known to me-OR-0 proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICERS) be the person(s)whose name(s)is/are TITEF s) subscribed to the within instrument and M, y �NE� —acknowledged to me that he/she/they executed 0 PARTNER(S) 0 LIMITED Commission*ii 3411016 l the same in his/her/their authorized C] GENERAL Notary Public-CaHfatnis capacity(ies),and that by his/her/their signatures)on the instrument the person(s)or 0 ATTORNEY-IN-FACT Contra Costa CtwntY theentity upon behalf which the person(s) 0 TRUSTEE(S) MYCOMM.Expirso Mer29,2006 acted,executed the i meet. 0 GUARDIAN/CONSERVATOR - X OTHER: Property owner W ESS?my han d offici cal, SIGNER IS REPRESENTING: ION of NorwR ME (NAOF PERSON(S)OR EMMY(MS)) JOHN PEREIRA 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 foray INSTRUCTIONS TO 2+10`TARY 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 IGNATURES - 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. U. 5MAIM5 FOR INDIVIDUALS-The name insist be signed exactly as it is printed or typed. The signer's interest in the property must be stated, • S ZOR PARTNERSHIPS - Sig�ng party must be either a general partner or be authorized in writing to have the authority to sip for and bindthe partnership. IV. SIGIVATIIR.ES FOR CORPORATIONS Documents should a signedy twt�`ficers,one from each of the following two groups: GROUP 1. a TheChair of the Board The President c Any Vice-President GROUP 2. a The Secretary DCAn Assistant Secretary 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." X-Inw 1\PWS4%HARDATA\Orpi) \En&SveiFomrtWORD FORMSIALL PURPOSE NOTARY.doe CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA ornoNAL SECTION County of CONTRA COSTA CAPACITY CLAIMED BY SIGNER On - before me, M. CARDONE, NOTARY PUBLIC Though statute does not require the Notary to nu In flF "ANe Dfl&NOTARY FUSUC" the data below,doing so may prove invaluable to personally appeared DEBBIE PEREIRA persons relying on the document. Nkb W itiNSR(s} O INDIVIDUAL 0 personally known to me-OR-0 proved to me on the basis of satisfactory evidence W 0 CORPORATE OFFICERS} be the person(s)whose name(s)istare TnIE(s). subscribed to the within instrument and M.CARDONE acknowledged to me that he/she/they executed 0 PARTNER(S) 0 LIMITED _ Comrrtlaaion+lt 1319018 the same in his/her/their authorized 0 GENERAL Notary Public-CaNMmia capacity(ies),and that by his/her/their 0 ATTORNEY-IN-FACT sigrtature(s)on the instrument the person(s)or corals C08%CW* wh' th 0 TRUSTEE(S) MY Can".Fjoh"II�N,2WO the entity upon behalf of e person(s) 0 GUARDIAN/CONSERVATOR acted,executed the instru b OTHER: Property owner 7�5SS and and ficial seal, SIGNED IS REPRESENTING: ._."' K- -^.._ (NAME OF PRISON(S)OR M(t�l a,GNOTARY Debbie Pereira OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document ItO THE DOCUMENT AT RIGHT. Number of Pages hough the data below is not required by law,it may prove valuable Date of Document o persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form wsmcTIONS TO NOT 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. EQR ALL 519V-AIUN S - The name and interest of the signer should be typed or printed DLkMAJa the signature. The name must a signedexactly as it is typed or printed. I1. I r AI �5 FFR IlR IJA -_The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. in. =1OA R S - Signing party must be either a general partner or be authorized in writing to have e authority to sign for an in the partnership. IV. SIGNATURES ZOR CORPORATIONS Documents should e signed by ttwo officers,one from each of the following two groups: GROUP 1. Na* The Chair of the Board The President 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 since. 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." XMW 1 vtt rr rAw t u sve FormjikwoRD FolLMsu,i.t,rvagOsa't*TAAY.do LIMITED POWER OF ATTORNEY Financial Pacific Insurance Company BOND NUMBER 5504865 POWERNUMBER 504866 PRTNCIpAL .T43HN i AND.'DEBBIZiTEREIRA PENAL SUM One hundred twenty six ---tbaueand, two hundred. ($126,200.00) KNOW ALL MEN BY THESE PRESENTS, that Financial Pacific Insurance Company, a California corporation (the "Company"), does hereby make, constitute and appoint: John J. Daley, C. Ganalrol,M.R. Prenger,L.B. Barnett its true and lawful Attorneys-in-Fact,with limited power and authority for and on behalf of o a u ety,to execute,deliver and affix the seal of the Company thereto if a seal is required on bonds, undertakings, recogniza t ` t gations in the nature thereof as follows; Bid, Performance, Payment, Subdivision a is to $1,OOO,000.O0 and to bind the Company thereby. This Power of Attorne and by the authority of the following resolutions adopted by the Board of Directors of Financ' my held July 6, 1995,which are now in full force and effect: RESOLVED , or ana o Assistant Secretary, may appoint attomeys-in-fact or a as def t app o n each case, for and on behalf of the Company,to exec n a s,recognizance tyship obligations of all kinds; and said officers may n f% ,,?mcy prev ted such person. RESOLVRTHER,that a igation al e v ing upon the Company when sig nd sealed{if:a sea, ws I to a the the authority evidenced by the power of a%T issued p RESOLVED FUR azure of any nut facsimile to any power of attorney or certification reo'1' onzing the execution other suretyship obligations of the Company; such sig�re and seal whenr use affixed. "ia , ,"`fix Insurance-,mj%T h%cause these present ed by its er officers,and its corporate seal , o SLILY 22, .O S Robert T. Kingsley,President John Hollinishiki Secretary lI tit ST I SAC n 15 v b 1 9, r y c e f e me I ley J R. I gsh ad, to me known to be the in du ffli lwialTacMaC o t e, an Y cknowledged the execution of the same,and being by me duly sworn,did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. ` ANN SCHREMP 10 f Comm.# 1131641 r NOTARY RAM-c v -n � K Comm 2flt}i �+ Ann Schremp, Notary Public CERTIFICATE 1,the undersigned Secretary of Financial Pacific Insurance Company a California corporation DO HEREBY CERTIFY that this Power of Attorney remains in full fence and effect and has not been revoked and hirthermore, that the resolutions of the B and of Directors set forth,and that the relevant provisions of the By-.Laws of the Company,are now in full force and effect. Signed and sealed at Sacramento, this 22ND day of MAY 2002 _ Jahn Hollizugshea , Secretary Financial Pacific Insurance Company seal mast be affixed 5/2102 CHICAGO$42 980013 Tax Collector's Office William J.Poilacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.O.Box 631 �`" Joseph L.Martinez Martinez,California 94553- Costa Assistant Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor t Date: 512/2002 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 t MS# City T.R.A. 98-0013 SAN RAMON 66008 Parcel#: 220-100-005-2 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 20301-2002 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 $11,200.00 This tact 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. WILLIAM J. POLLACEK, Treasu er-Tax Co le By: JUN--05-7002 WED 03:55 PM HLACKHAWK FAX NO. 9256480159 P. 02 weNs Ar*ge Banc 81ackh3wk Office 4185 Blackhawk Plaza Circle P2nVOW,CA 94586 925 736-3434 June 5,2002 To Whom It May Concern: This CI) Certificate,#0927651067,is bein hold for the security of 2002 property taxes for MS-98-0013 to be released upon writte i consent by Contra Costa.County Tax Collections office. If you have any further questions pleases ca I Nancy Arnold at 925-736-3465. Sincerely, Nan Premier Banker DATE: Ag�xoV FOND REVILWZD.AND CONTRA COSTA OOUNTY TRICAS 00 �+ C to W CJ t" YggC�� r3 at u> s @ ro # � a +w §� D \V ro folk ti C) ' w O O m ti C` ro g z Wm a tD 27l Sk ee�� py irrr Q 0 'pHA h O 'A "K 9 U ti Ffi C} N ty 6 0 N �o c3 ul + o r ® co� N N O N k ®� 4 N Ln JL 3 W Ln g 7 I In h3 a 00 M W 4 Ln w \ ~ CS 4n +n SY3 o O W V � to �y ZV '�i