HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-375 ! F1
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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."
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\\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."
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%\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."
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\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
$
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EXPLANATION -32 � DEPOSIT IL .�
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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
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