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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-398 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 25,2002, by the following vote: AYES: Supervisors Glover, Uilkema, DeSaulnier,- Glover, and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2002/398 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8396,being developed by Alamo-Livorna Associates, L.L.C., Alamo area. (District III) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 8396,property located in the Alamo area,Supervisorial District III, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Alarno-Livorna Associates,L.L.C.,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(313-2349) JH:cw G:iGrpData\EngSvc\BO12002\6-25-02\SUB 8396 BO-2l.doc I hereby certify that this is a true and correct copy of an action cc: Public Works-T.Bell,Construction taken and entered on the minutes of the Board of Supervisors on Current Planning,Community Development the date shown. T-4-25-03 Alamo-Livorna Associates,L.L.C. 675 Hartz Avenue Danville,CA 94526 ATTESTED:-- June 25 , 2002 Attn:Scott Stringer Gulf Insurance Company JOHN SWEETEN,Clerk of the Board of Supervisors and 110 W.A street#1905 County Administrator San Diego,CA 92101 Attn:John C.Day Taylor Woodrow Homes,Inc. 2300 Camino Ramon San Ramon,CA 94583 By ,Deputy Attn: Gary K,Galindo Fust American Title 1355 Willow Way#100 Concord,CA 94524 Attn:Sharon Jones RESOLUTION NO.2002/ 3 9 8 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8396, being developed by Alamo-Livorna Associates, L.L.C.,Alamo area. (District III) DATE: June 25, 2002 PAGE 2 A. Cash Bond Performance amount: $1,756.00 Auditor's Deposit Permit No. 387588 Date: June 6, 2002 Submitted by: Alamo-Livonia Associates, L.L.C. Tax ID Number: 77-0580577 JB. Surety Bond Bond Company: Gulf Insurance Company Bond Number: BE2616024 Date: June 24, 2002 Performance Amount: $175,600.00 Labor&Materials Amount: $87,800.00 Principal: Alamo-Livorna Associates, L.L.C. M. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County takes 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 $29,100.00, with security guaranteeing 'payment of said tax lien as follows: • Tax Surety Bond Company: Gulf Insurance Company Bond Number: BE2616025 Date: May 28, 2002 Amount: $29,100.00 Principal: Alamo-Livorna Associates, L.L.C. NOW,THEREFORE,THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION N0. 2002/398 S"DMSION AGREEMENT (Governitaant Code§66462 and 166463) Subrlivlsiortt �� ► >'rinclpalt �G.t+vFt7— �e ii ell!'tAlt�. . LL e'— ttxrietive D*ixr Compledua Period. 1 year THtt.SR SIGNATURES A'rrEST TO THE i'ARTI.ES'AGREEMENT dTM" Oz QQn4DOSTASAXIM P1t1JI=AL Maurice M.'Shlty Public Works Director Alamo-Livorna Associates,LLC a Delaware limited liability company By: Monterey Development Clroup,LLC B a California limited liability company, Managing Member 3(t)FUJI APPRCVAC� c�lrl By: Keatere.Investments,LLC a California limited liabili pang, Manager By. - By: .Uyiccs Division Chip L. ;Wwra' ,Mager + {j►I Victor J.Westman,County Counsel (NOTE: All �18M.%tures to tied. it is intxuyunduil,- signatares mutt confo,ar wrtit tidowrprrsmptu3uaut to CQ?wudtms Coda§313.) 1• pb4RTWI S TB Efra t he on the alcove datc,the County orContra(:ruts,Callfprnia,hereinafter galled°Cgmy and tho above-mentioned PrI tier su1.mu tally ptutalsc and sFae at follows concerning this subdivision: 2. Principal asxvv to install certain road iiapmvements(both p<sblic and privatcl drainage mpovetntxits,signs,street lights, fire hydrants,hutdscapmg and such other improvements(including appurtenant eoulevent)as required in the improvemit plans for this subdivision as reviewed azul on filo with the Contra Costa County Public Wotits Dopattmcnt anti in confor mane with the C.ouba Cuata County Ordinuum Coda (inchutiag future amendments them-ta). 11 rncipat shall comploo said work and improvonients(htxcinaftcr called"wordy")within the above couVIction period fi'om dude h=ot as i equircd bythe California Subttiviaiop Map sot(Governmimt Code§$6641 It and fallowing)in a.l;ood workmanlike rnwm r,in accordanuu with accepted conxinictrou pi actiecs and in a tttanner equal or auperirr to the rsy ukcrncntR Of the County Ordinance Code acid rutingrr made thcreuruttu;and whore thcrc is a cemthcc betwvun the tnV*vm=f pleas and the C.Ouraty Or4inaatce Coda,the stricter mquircnwritt$boll savurn. 3. T =TY Upon axeoutinti this jiFew cit,Principal ithali,pursuant to Guvernmeuut Ct,t3c§66499 and the County i lydimace C`o c.provide at sorority to the County. wr+oa and Cass of - $r h .3 6.ao cash,elle atltlitional tecin ity,in tlu amount:$ which tragcthcr total one hundnxl p=ent(100%)of the tatumed cost oftlie wotk such additional security it prtacc-rtted in the form or- Cash,ccrtiffed rC'ash,..reified check or taaahicra check ActuopLable corporate sarcty bunts. Ammpiable irrevocable letwr of credit. With this satunity,Principal g enteric porfontumuc undcx this a$seemo it and maintenance of ih`work for one year idler its completion and ucccptance against any dcfocttve workmanship or rndterlals or any unsatisf actury prrformance. a 17rr Sucurity in the amount:S-B7 • Q C, ,which is ray Pcrcw(So'l.)orthta a eitimated cost of tlse w rrk Such security is presented in the form of'. Cath,cerdfied check,or oas oes cloak Acceptable corporate surety bond. Acceptable irrevocable letter of credit_ With this security,Principal guarartetw payment to the contractor,subcontractors anti to persons reciting«ItnpnvW or f unirihing labor or mwaiala to theca tat to principal. lJpon aceeptaru:c of the work as complete by the Board or Supervisors and ulion request of Principal,the amount st.=duax may be redum-d in accordance with 09".406 and 194-4.409 of the Ordinance Ctadu. 1 4. _UARAN'i'E .ANQ WARRANTY O)?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 964.6,"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 E-STABLISHMENT 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 ARMNTY. 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 pians to accomplish the work as promised. 7. NO WAIVER BY C UNTY. 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 indicatthg 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 liabilifics 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 causing ligbili 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-co ditions: 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. : Principal shall pay when due,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. INORPORATION/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. MADAd o:to,pnw%ftsvcAFomwuc womMo-so.da Rev. oewbav 2s,2001 ,Tula-5-2002 03:04P FROM' TO:19316410991 P:3/3 CALTIORNIA ALL-PUIRPOSE ACKNOWLEDGEMENT Rt.to of ., G'/9L/ Ge',�lli•�`,/ t1Mo1HAL SEMON C+nnty of •' G�•/� t ACrrY CLAiMM BY Si(. ZR On 4P 109 before me, rl ,� ��'/��/'�'/��•+� 1 heu�it rtatutit don not require the Notary to MI in VAIN NA rr +t►.. _ the daft!below,doing 0 way prove Iwoluoitte to Penn nt ily appeared k%6� � / /jr persona ntytng on the docum aL " 0 INDIVIDUAL B pctp4ttatty 1mot�m me a Uig-i7 pmveet m net a►the basis utttti ciaGYory evittr�tCC ttr 0 CORPORATE OFkxmix(8) bens)whop name(s)if/at —@ �) - — - cutto tlee within insmiment and acimowiffted to Inc that hetthe/t#ay executord n rAR`11NP,W) n LIMITED dye+soeeeoinhtUherldWrauthoriaed 0 0ENUKAt. corpse ity{icsN and ftt by hisferAheir (1 ATTOMEY-IN-11Wr MARTI J.TENNANT s entity bbeltnitofwinch pc a(R} YtS�tttc(8) Comm#1285627 tooted,exaetuad the tnstrumcrtt. D OUARDL&NA RSWATCR Notary Public-Calffomia n U {Yt' PR Monterey County "`WITNO my td of 1 amt, RrGiNFl�G 1 YicirsltirrrNG. My Cotnm. .Dec,27,2t)i)4 1 HAW OF rt vs�ul era V;rrr?(W)t S1txdA Aa OPTIONAL SECFitlN 71119(MRTUrAll MUST 1111 ATTACHED 11111 nr Type of L)ocutnptt TO THE iNX't MUNT AT RIGHT, Numhcr of Pmts Tttouytt the data beiaw is not required by law,it nvty prove valuable Dute of Dmumcnt_ -- to pwwma rtdyiug ort_the docuttmitand mild prevent fraudulent :Si1+.+itr(r)Uahcr Than Named Above v mo ttKlurAent of alas faro The folhtwing inffnarnation is provided in an eftbrt to exprditc processing t:f the c'kicurocutc. Signatures required on documents niust comply with the following to be acceptable to C.nntra Costa County. L1� - The name and inumcst of the signer should be typed or printed Rathe st8nxture The ttrutte must sf exec y ad it is typed or printed. II. 11 141Al LS-'fhr nania must be signed exactly as it is printed or typtJ. The siXaer's intcrost in the PO '�y a stated. M. g »�,FOR p, , ME -Sf�ng party must he cUor a gcn=1 partner or be authorixod in writing to have e treat rtty to sign t o a partnership. IV' tcutnruts ti atgllct y two er cars,one fmttt each of the following two grotips. Ghoul?I. }Thu Chair of tilt Board {1?Tiro Palsidcnt c Any Vice-Ptxssldtnt GkOU'P 2. a The Secretary Ib AtAxaistant Secre c The t.'hiuf Financial&X01 The As3sta ti Treasures If siRWtUrLX of ofllcors ffr m tach of the above t" toupet do not appear on the tnsttuinent, a certified orgy of a resolution of the Board OfDitecurrx authorizing tlw petson signing the teat to execute instruinonits of the type in question is ietltdred.A currently valid power of attorney,no arlzed.Will since. l+totatization otomy one corporio sig t=or sf tt":flrnm oily one gore,tnuat contain the tulfowing phrase. " and acknowledged it)me that such corporation executed the within instrumnt pursuant to its by laws or a scsolution of its board of Dlr tm.- AAS �►V1li+Fi�i3 t��1l�1Nn�tva�Fn�mtr'GVOSf11'i�bLSW,LPi1Y,t'C)SSND7`Aay`Oeo COUNTY OF CONTRA COSTA Pa e o DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER ti (Fur Cash Collection Procedures we County Administrator's Bulletin 135.) DESCRIPTION FUND/ORG. ASCUB. TASK op TION ACTIVITY AMOUNT i 6697.441 ,166gi joizi A j_ Wq 4 ax?- y � �31 6 stillI i C 1 _OM U lift A 11flill 111 11111 CO IC q7_1�55 3 0.0 I EXPLANATION: TOTAL $ I �rc DEPOSIT i Deposit Consists of thefvtl l items OIN�2CURR $CF C $' �7 BANKOSITS $ FOR AUDITOR-CONTROLLER USE ONLY PERMSTr 3575 5 7 $ NUMBER Lo DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is oppw-& Receipt of above amount is hereby into County ury ock f Date ew red Signed: tr rifle. y La L L/-_ T. w y Cly 34 REV.(7-93) r�ri' LUUN(Y 0t*LUNIKA LUbIA e t� DEPOSIT PERMIT ll OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER lei C v : (For Cash Collection Procedures see County Administrator's Bulletin I05.) DESCRIPTION f`UND/ORG ACCT. TASK TION ACTIVITY AMOUNT $ ►( _ � I 1 t 1 1 _ 1 1 1 ! i 1 t t i 1 t 1 , t 1 I 1 1 1 t t 1 1 t EXI�LANATICIN: TOTAL $ t DEPOSIT t Deposit consists of the fallowing item f"CONN and CURRENCY $ C4CK5,M, 'ETp $ -- BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE 387508 pN '02 ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby depositrota County T acknowledged f Sioneaz Sir,. Signed: True:� C7 { L i -EXY 4G' Deputy Auditor 15"'uty T easuc+tr 34 REV.(7-93) K 000682-93711 139200: 61093115, $65,325.00, 1044-1995 Storm Damage General Fund - State Claim #CS 11445, State of California, Office of Emergency Services, PO Box 419047, Rancho Cordova, CA 95,741 248900-0660: 61093379, $200.00, Deposit for Dog Show, Northern California Toy Fox Terrier Association, 387 Aaron Circle, Vacaville, CA 95687, ATTN: Terry Nuke 000648-9140 / 112200: G1093383, 4177.00, SUB 8396 Drainage Mitigation Fee, Monterey Development Group, LLC, 9781 Blue Larkspur Lane, Suite 202, Monterey, CA 93940 819800-0800: 61093384, 11,756.00, SUB 8396 Performance Cash Bond, The Stringer Company, Inc., 675 Hartz Avenue, Suite 204, Danville, CA 94526 000649-9665 / 831000. G1093380, $2,,506.03, FCP 631-01 Deposit for Review, KB Names, 2201 Walnut Avenue, Suite 150, Fremont, CA 94538 000649-9665 / 831000: G1093383, $11,380.,90,. SUB 8396 Inspection Deposit, Monterey Development Group, LLC, 9781 Blue Larkspur Lane, Suite 202, Monterey, CA 93940 000649-9665 / 831000: 61093384, The Stringer Company, Inc., 675 Hartz Avenue, Suite 204, Danville, CA 94526 $1,653.93, SUB 8396 Map Check $3,722.93, SUB 8396 Improv Plan Check $ 21.10, SUB 8396 Inspection Deposit SubdMsion: mcact;..No ogoi Bond No.: M2616024 IMPROVEKm SECCT1 rry BOND FOR S>:>BDIVImoN A.GPJMN 4'!NT (padbrmgrice,Guarantee and Payment) (California Government Code §§ 66499 - 66499-10) 1. Rae of Sven cg : The developer(principal)has executed a subdivision agreement with the county of Contra Costa to install and pay for street,- drainage and other imlprovemmu in Subdivision 8396 as specified in the subdivision cant and to complete said work within the time specified for completion in the subdivision agmeanent,all in accottlatue with State and local laws and rulings thereunder sh order to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. OBMGATION" Alamo Livorna Associates LLC as ptincipal and GulfInsurance Qp=ny a Corporation organized and existing undear the laws of the State of, Mi.gn,it i : , and authorized to transact surety business in California, as .surety, hereby jointly and seve'rall'y, bind ourselves, our heirs, executors, administrators, success=oand assigns to the County of Contra`Cesta,California to pay as:follows: A. Performance and Guarantee; -0m- UuxUd&=LmOse mr„ �* „=,nn � Dollars 1 for Contra Costa County or any city assignee under the above County Subdivision Agreement B. Payment:Eighty.-Seven. Thousand Eight HrDILe d and No/l[Q Dollars to seem the claims to which reference is made=in Iltle XV (co�engmg with Section 3082) of Part 4 of Division III of the Civil Code of the Std of California. 3. QIMMON: A. The Condition of anis obligation as to Section(2.A.)above is such that if the above bonded principal, ,or principal's bars,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 d=wf made as therein provided, on it or its part, to be kept and p formed at the time and in the=anner therein specified and in all respects according to their true intent and meaning and shall indemnify and same harmless the County of Contra Costa (or city assignee)its officers,agents and employees,as therein stipulated,then this obligation shallbecome 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 tberefare,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 sucoess&Uy enforcing such obligation,all to be taxed as costs and included in any judgement rendered. r• `.4t �rA •+f i• :! R s f t r # 1 4 A t • • • • i • .1• A • A ! i ♦ i t • ! • R . ..� Rf : r r • r W • • ■ R41 R • / R ► • ♦ a .f• R f:..a :.f ♦ t • • ! A • !• ; f# • # s: • 1 A • q • ♦ tR • r f• ♦ • .1f , H • R r -i ! a •f • r R • �.• • • � A •• • • •• M• • r is • • • f 1 F• • r • 1♦ r • t r •, r • yr .+f A- •A/f ` • r s • • • • .�i • ► • .tet '<i• # �t ,-.. • •.. t • • r f Mix • • • s-, r t • f a •-! ..•li • !• • c Hr •• • f r , • • •r. ! >* • • :! to ! •,w- • of i••—�• a �• �■ • 1.+�• s • .A Jf t : • # • A s R :•: • • • r• . r • a 1.1.1-741411-11 • f •+ ♦ :lf�• rr!■ -•f •;.r .•;1 ;# +x• • ! r - s • �•rq !too .o l♦ • • • ■ • Mr 1 to i -i0 • R i A ! R ! • 'A • } ' f 4 •t •• - ! f t • :i! r FA ! 11 • r Em4 R #t R" CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT Stiatrsof California OMONA.LSI;iCTION County 0f Fresno CAPACTrY CLAD=BY SIGH On 5 , 9 bofm Tm, Kari Deeo tnttr Thougb statute does not r e quiro tho Notary to All In X048,iNMY tb•datq blow.dotngso may prev*Invalnsbte to pmonallyapp John (-_ Dav persanerrdyingonthe doeumart. ora d INDN DUAL #d persatally iatoyrn to Rte-8It-Q proved to me on dtc bath of ratiafbatory evidence to 0 CORPORATE OPP'IC>?IL(S) be the 0)WbVe name(a)talars ou ed oo die within ineWment and acknowledged to no that Wilirhhey exeouted 0 PARTNER(S) 0 LMTED the cams in hiNIMAhelr MrdwdW 0 GENERAL "'aoity(tar�pnd t}ut by hiafieri!tttelr A ATTORNSY-IN-FACT ai xattrre(c)on the instrument the persona)ar 0 TI usns(S) KARI DOECKEL Asa atxtity upon behalf of wMah Ste peraon(r) coMM.#1315305 c noted, vtod the itt:trument C] Gt3ATtDLW+'CONSt3ItvATOtt � r4oTAtty t�tIc-CAI�o� ;:, � ��a: �. FRESNO :28,tz720 S may hand and offWai05 SIG"1VER I9 lily! S1gN2'IIVG; Q .4ZQ e VA t xi+hm os ratsrgsJ DR ENrtrYt>�1 AX THIS CBRTIIMATE M[IS`I'HS ATTACKED Title or Typo of Docununt TO THE DOCUMENT AT SUGHT. Number of Pages Though,the dam below is not required by It%it n*y prove valuabio Date of Document to persons relying on the documeatt and oould prevent fraudulent Sipe*)Ott Than Named Above rtstbebmcnt of"form W-MUCtIOM To NOTARY TU following inibn=tion is provided in an effort to expedite prooesmg of the documents. Signatures required on docunrtaats mast comply with the following to be acceptable to Contra Costa County. I. FOR ALL;LQAI&Tt.IRFsS -The maims and interest of the signer should be typed or printed B EA'1X the signature. The urne mast be qpiad ex�t�tc y as it it typed or printed. 11. Xt NATCTRBs_FOR 2MD9Di.JAI.S-The nage must be signed exway as it is printed or typal The signer's interest in the property must be stated. �. :=6n=FDR PARS- Sigaiftg party must be either a general partner or be authorized in writing to have the a-utaoriry to alga for and bund nue pt<rtaets p IV. IMAna=FOR=ORJMS Documents should be sWied by two ofticers,one from each of the following two groups. GROUP 1. a The Mair of the Board The President c Azy'Vice-President# GROUP 2. a 7U SecretaryAn tud c 1'lU hof Secretary Financial Officer The Assistant Treasurer If signatures of officers from each of die above two,coups do not appear on the instl t m=4 a certified copy of a resolution of the Board of Directurs authorizing the person signing the nastaruzment to exaoute instruments of the type in question is zeglnired-A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or sipAtures from onlyy one rrntst contain the following phrase: " and acknowledged to me that such corporation executed the within' many pursuant to its by-laws or a resolution of its Board of Dfive-to rs maw 1114fk t4�pAat+�+�5�or�rSwCnb L�t1A2t ltIRt068 HtxYJIRY.doc GULF INSURANCE COMPANY HARTFORD, CONNECTICUT POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS:That the Gulf Insurance Company,a corporation duly organized under the laws of the State of Connecticut,having its principal office in the city of Irving,Texas, pursuant to the following resolution,adopted by the Finance &Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1983,to wit: "RESOLVED,that the President,Executive Vice President or any Senior Vice President of the Company shall have authority to make,execute and deliver a Power of Attorney constituting as Attorney-in-Fact,such persons,firms,or corporations as may be selected from time to time;and any such Attorney-in-Fact may be removed and the authority granted him revoked by the President,or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED,that nothing in this Power of Attorney shall be construed as a grant of authority to the attorneys)-in-fact to sign,execute,acknowledge,deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED,that the signature of the President, Executive Vice President or any Senior Vice President,and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile,and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached.", Gulf Insurance Company does hereby make,constitute and appoint JOHN C. DAY S'T'EVEN P. EDWARDS DAWN SANDOVAL TAMMI L. DEMARCO its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred in its name,place and stead,to sign,execute,acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship,and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds,undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorneys)-in-fact,pursuant to the authority herein given,are hereby ratified and confirmed. The obligation of the Company shah not exceed five million(5,000,000)dollars. IN WITNESS WHEREOF,the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and Its Corporate Seal to be he affixed. CIC C� tsL3I.F INSURANCE COMPANY .e SEAL STATE OF NEW YORK � SS �ivFc���� LawrenceP.Minster COUNTY OF NEWYORK Executive Vice President On this 1st day of October,AD 2001, before me came Lawrence P. Miniter, known to me personally who being by me duly sworn,did depose and say: that he resides in the County of Bergen,State of New Jersey;that he is the Executive Vice President of the Gulf insurance Company,the corporation described In and which executed the above Instrument;that he knows the seal of said corporation;that the seal affixed to the said Instruments Is such corporate seal; that It was so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order. ? � *4k- � -� 1 STATE OF NEW YORK B1.ti� O� Notary uMAHABt of New Fork l� COUNTY OF NEW YORK SS OP N � No.01MA6019988 Qualified in Kings County Commission Expires February 16,2003 1,the undersigned,Senior Vice President of the Gulf Insurance Company,a Connecticut Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains In full force. wAANCFC Bated the 24th day of CJI.M ,20 02Signed and Seated at the City of New York. O, v��PC�TF �L SEAL George Blancardi Senior Vice President Alamo-Livorna Associates, LLC a Delaware limited liability company By: Monterey Development Group, LLC a California limited liability company, Managing Member By: Keatara Investments, LLC a California limited liability company, Manager - By: Chip L. kpMby, ger CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of /✓> On eV!!!gf ✓/, 24V2, before me, ©atm , Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared elIV11"r� Z 49 Names)of Signer(s) rsonally known to me O 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 DARTI J.TENNANT capacity(ies), and that by his/her/their Comm#1285627 signature(s)on the instrument the person(s), or Notary Public-California the entity upon behalf of which the person(s) Monterey County acted, executed the instrument. My Comm.E)p,Dec.271 2004 WITNESS my hand and official seal. s Place Notary Seat Above signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons retying 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: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer i-Title(s): ❑ Partner"—❑ limited ❑General ❑ Attorney in Pact L1 Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1997 National Notary Association*9350 De Soto Ave.,P.O.sox 2402"Chatsworth,CA 91393-2402 Prod,No.5907 Reorder.Gall Toll-Free 1.800-876-6827 50/02 FATCO$42 8396 Tax collector`s Office William J.Poliacek 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 '"'TT Tax Operations Supervisor Date: 512!2002 IF THIS TRACT IS NOT FLED PRIOR TO THE GATE TAXES ARE OPEN FOR COLLECTION (R&T CODE. 2608) THIS LETTER IS VOID. This will certify that 1 have examined the map of the proposed subdivision entitled: Tract 1 MS# city T.R.A. 8396 ALAMO 66002 Marcel#: 197-040-010-6 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 $29,100.00 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 pricer to filing with the Clerk of the Board of supervisors. WILLIAM J. POLLACEK, Treasurer-Tax C 11 c r By: PTtI TITLE COMM2Y BtMY Alamo Livorns. Associates, LLC Insurance CtxC c/o Montersy Development Group F{rat AZjXjcx*+ '�,tl ' Y 9781 Blue Lark y-ur L924 1355 EillaW IMY #'100 ' ` ,],]0 W_ A S T.Ef.t;__�?$05 2icatersy CA 93940_____ _ co®ungrd, CA 94520 San Diego, CA 92101 Attu: Tura XeX,sihal, Attxt: S 4Xen Jgaae Pon: (831)611-2325 - - - PHONE_ t 2R 7g25 PHONE__Anj)_7(°18_nC_;Rq File #718189 BOND AGAINST TAXES BONDOE2616025 1<$oW ALL M$ BY THESE PRESENTS: THAT * Alamo Livorna Associates, -LLC ._, as principal and (surety) a corporation or- ganized and existing under the la sof he State of ' and autboriaed to transact surety business in California as surety are hely] and firmly bound unto the County of Contra costa, State of California, in t1Ye penal sum of T"*ty ftua Thoussad, One Hundred 00/00 --....,-a�- Dollars J$ 29.199 00 • '.: ; to be laid to 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, adminletractore and successors, jointly and severally, firmly by these presents. Sealed with our Seals and dated this 7$,+!b day of may 2o-02—. The conditions of the Above obligation in such that WHEREAS, the above hounded principal s about to file a map entitled Trgat 8396 and covering a subdivision of a tract of land in,said County of Contra Costs,, and there are certain liens for taxes and special assessments col- lected as taxes, against the said tract of land covered bjf said map, which taxes and special assessments collected as taxes, are not as yet due or payable. NOW, THER11ME, if the said Frincigal shall pay all of th 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 Wrap of said tract, then this obligation shall be void and ,of no effect, otherwise it shall remain in full force and affect. (Approval Stamp) Alamo Livarna Associates; LLC ,/ - DATE: /principal �/ CtS��.' BOND REVIZWZD AND MOVED OVED CONTRACOOTA TY fns an,, C +nt�an TREA RZ',R• T.OF BY: C. Day, t y-in-- "act (Attach Acknowledgement by principal.) ' (Attach Acknowledgement by suidty) .. NOTARY ACKNOWLEDGMENT STATE OF CALIFORNIA }ss COUNTY OF Fresno On May 29, 2002 , before me, Kari Doeckel, Notary public A Notary Public in and for said State, personally appeared ,john c. Day w persona'Ily known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)whose name(s) islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(les), and that by hisiherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seat. Signature KART DOECKEL r; COMM.#1315305 s. al NOTARY PUBLIC•CALIFORNIA FR1 SNt}COUNTY' Comm.Expires A 28,21J65 f Fhb toraifldasl n l OPTIONAL: DESCRIPTION OF ATTACHED DOCUMENT t NOTARY,DOC(Rev 8194) �. GULF INSURANCE COMPANY HARTFORD, CONNECTICUT POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS:That the Gulf Insurance Company,a corporation duly organized under the laws of the State of Connecticut,having its principal office in the city of Irving,Texas, pursuant to the following resolution,adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993,to wit: "RESOLVED,that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make,execute and deliver a Power of Attorney constituting as Attorney-in-Fact,such persons,firms,or corporations as may be selected from time to time;and any such Attorney-in-Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED,that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign,execute,acknowledge,deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED,that the signature of the President, Executive Vice President or any Senior Vice President,and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make,constitute and appoint JOHN C. DAY STEVEN P. EDWARDS DAWN SANDOVVAL TAMMI L.DEMARCO► its true and lawful attorneys)-in-fact,with full power and authority hereby conferred in its name,place and stead,to sign, execute,acknowledge and deliver in its behalf,as surety,any and all bonds and undertakings of suretyship,and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds,undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorneys)-in-fact, pursuant to the authority herein given,are hereby ratified and confirmed. The obligation of the Company shall not exceed five million (5,000,000)dollars. IN WITNESS WHEREOF,the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and Its Corporate Seal to be hereto affixed. GULF INSURANCE COMPANY o'�arF SEAL STATE OF NEWYORK `� ��5` $S '�� Lawrence P.Minter COUNTY OF NEWYORK Executive Vice President On this list day of October,AD 2001, before me came Lawrence P. Min€ter,known to me personally who being by me duly sworn, did depose and say: that he resides in the County of Bergen,State of New Jersey;that he Is the Executive Vice President of the Gulf Insurance Company,the corporation described In and which executed the above Instruments that he knows the seal of said corporation;that the seal affixed to the said instruments Is such corporate seal, that it was so affixed by order of the Board of Directors of said corporation and that he signed his name,thereto by like order. ?0T'9'�'.c -! q G >r ANGIE MAHABIR-BEGAZO STATE OF NEWYORK SS 1/g1.� Notary Public,State of New York COUNTY OF NEW YORK J OP NES No.OIMA6019988 Qualified in Kings County Commission Expires February 16,2003 1,the undersigned,Senior Vice President of the Gulf Insurance Company,a Connecticut Corporation,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains In full force. Signed and Sealed at the City of New York. �0$uMNCE c0,.� Dated the z$th day of May ,2002 r`5` G�HS'0 �y SEAL George Biancardi Senior Vice President CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of / 1�/� L _ ss. On IVY Wil, before me, f��/Grf - %-7- Dater -7Date r� Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared tirJJ;�` /.�DZyL 46 Y , Name(s)of Signer(s) personally known to me ❑ 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 J.TENNANT signatures) on the instrument the person(s), or (VMYMARTI Comm#1285627 the entity upon behalf of which the persons) Notary Publiterey Cou t y acted, executed the instrument. Mtonterey County Comm.Exp.Dec.27,2 WITNESS my hand and official seal. ;VAe �, a. & �y Place Notary Seal Above L ignature 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: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: ❑ Individual " ❑ Corporate Officer—Title(s): lop of thumb Here ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator 11 Other: Signer Is Representing: C 1997 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call loll-Free 1-SM876-6827 Alamo-Livorna Associates, LLC a Delaware limited liability company By: Monterey Development Croup, LLC a California limited liability company, Managing Member By: Keatara Investments, LLC a California limited liability company, Manager By: ( 0 ' Chip L. owlby, Maidger