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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-436 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on July 9,2002,by the following vote: AYES: Supervisors Gerber, Uilkema, Glover, and DeSaulnier NOES: Nene ABSENT: Supervisor John Gioia ABSTAIN: None RESOLUTION NO. 2002/ 436 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7744,being developed by West Coast Home Builders,Inc., Alamo area. {District III} The following documents were presented for Board approval this date: I. Map The final map of Subdivision 7744,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 West Coast Horne Builders,Inc.,principal,whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. oriYluator:Public wanks(rs) Contact: Rich L.ierly(313-2348) scam\Eugsvcvao�2002\7-09-oz\sub 7744 so-21.aoc ATTESTED: July lb. 2002 W. Public Works-T.Ba,Construction JOHN SWEETEN,Clerk of the Board of Supervisors and Current PLnning,comnamity L MIopment County Administrator `f–5-09-03 West Coast dame Brniders,Inc. 4021 Part Ctricago Highway P.O.Box 4113 Concord,CA 94524-4113 By— °Deputy Travetets Casualty&Surety jr 580 California St.,Suite 1300 San Francisco,CA 94104 RESOLUTION NO.2002/ 43(- S • Sale • Specsto !t '• f a #t rM #aa• • ����� f ' 144 • fa as a " • MW *:aa tcra � •aa t� ftE at a# 4 RPOSIT ..: consists of t ,i, R 39,140 # 'R • • • f ...• ,.* •. s BANK DEPOSITS AUDITOR-CONTROL My MtW D. NUMB DATf +E 15 1A AMGNED • •. 3i� i r DUPLIC-ATR ORIGINAI. Subdivi on: 7744 Bond No.: 005SBI03323215BCM Premium: $3,765.00 bdPROVEMENT SECYamy BOND (Performance, G=rantee. and Payment) (California Gov=nsnent Code §§ 66499 -66.499.10) FACIM L a S'UsD1rVsx!QN A.2RR]Iv1=: The Principal has executed an agmMent with.the; County to ingtall and pay for suwt, drainage, and other'improvements in Subdivision 7744 . as spe6f e d in the Subdivision Agreement, and to complete said work within the time specified fcr completion in the Subdivision.Agroaxnent, all in accordance with Stater and local laws and rulings tj=et oder in ordex to satisfy conditions for filing of the Final leap or P=4 .£ Subdivision. A.2.AMO, DOTS 1--14, SUBDIVISION 7744 Ch3LTG, t? t: West Coast Home Builders, Inc. as Principal,and Travelers Casualty-& Surety Company of America _ -a corpozg=ized existing der the laws of the State of Connecticut and authorized to transact surety business in califomia, as S=,--ty, h=by jointly and severally bind ourselves, our hers., execaators, adnnistrators, sucoessors, and assigns,to the County of Contra.Costa, California to pay it. Five Hundred 'Three Thousand A,. Performance and.Guarantee: Five Hundred and N0/100s (S 503,900.00 ? for itself or any city assignee under the above County Subdivision Agrc= nt, plus $. Payxnearat. Two Hundred Fifty Four Thousand, Three Hundred and N0/10.0 Don= (S $254.30 ` � v} to secure the claims to wbich ref1wen.cez is shade in Title: XV (conn a ncing wicrh Section 3082) of Part 4 of Division, ICL of tho Civil Cada of the State of California. +CQ�n'�taN• A.. 7lie Condition of this obligation as to Section 2.(A)above is such that if the above bones `��,?pa, bis or its hesim,exec%tom azi'mirlistratars,succesSors or assigns, shall.in all a abzda by, and well and truly keep and petit . the covenants,.conditions and provisimis is the said agrecm ent and any site tion. thereof made as therein provided, on is or its part, to be kept and performed at the time and in the nimaner theme,speoifted, and in aU respects accordiag to f6r-irtrue intent axd,,m=nm& and shall indemnfy.and save harmless the County of Contra,Costa (or city assignee),its office,agents and employees,as therein stipulatW.then this obligation shall b=c= null and void, otherwise:it&all be and remain in full force and effect. As part of the obligation seem-ed harcbyd and in addition to the face amount specified therefore,there shall be included costs and reasonable; expenses and Peers, inclssding reasonable attomey's fees, incurred by County(err city assignee) in succe ssfczlly enforcing such obligation, all to be taxed as costs and included in any judge:meint rendered. B. The condition of this .obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate sumiy are held firmly bound unto the County-of Contra +Cosh, and all. contractors; snbcontracto s, laborers,material men and other persons canploye d in they pe forte of the aforesaid agreement and refbrred to in the aforesaid Civil Coda frr materials fu=lshed or labor th=eon of any kitxd,or for amounts due under they T-Inemploymemi Insurance Act with o Mch work or labor, that said surety will pay the same: in = amount not exa you t th rein �� a'�lOLlnt liClesiTl above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thee, costs and reasonable expenses and fees, including reasonablerzey,s fees, incurred by County(c7i°city assignee) in sue lifully enfcsrc:iag such obligation,.to be awarded and . fixed by the court, and to be tasted as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to TIxa benefit of any and all persons, companies and corporadons entitled to f>lc clams under Tide 15 (camrnezzcing with Section 3082)of Part 4 ofDivision3 pfthe Civil Code, so as to give a zigbt of action to them.or their assier su.any shit brought upon this bane; Should the condition of this bond be fully performed then this obligation shall become null and-void, otherwise it shall be and remain, in fixll force and effect. G No alteration of said subdivision agree:.tnent or any plan or specification of said work agreedto by the Principal and the County shall relieve any Surety From liability on this bond; and consent is hereby given to rakke such altmation without fmthw notice to or consort by Surety, and the Stmety her-eby waives the provisions of California Civil Code Section 2819, and hold itself'bound without regard to and independently of any action against.principal whea.esve r tale gtff4 ? AND SEALED an June 12, 2002 Travelers Casualty & Surety ;XNCITAL. West Coal ome Builders , T SUR>�'2Y'. Company of America .dress: P. 0. 'Sox 13 Address: 580 California Street, Suite 1300 y cord, gip; 9452City. Saxe ancisco, C gip. 94104 By: ri Print Name. S YORK-RASSEL Title: Attorney-in-Fact � 4 (ji�t�.lej$K}1�C[irOvi11W 1 V11Y�FYj(.{ifila Jae t7,1499 TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: R. Scott Daugherty, G. Sue Dituri, Shirley York-Basset, of San Francisco, California, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place-within the United States, the following instiument(s): by his/her Sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the Sauce were signed by the duly authorized officers of the Companies, and all the acts of said Attorney(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recoguizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid andbinding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President,the Treasurer, any Assistant"Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President,any Secretary, any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate'haring such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (i 1-00 Standard) h IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 11th day of January 2002. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA )SS.Hartford TRAVELERS CASUALTY AND SURETY COMPANY FARKWGTON CASUALTY COMPANY COUNTY OF HARTFORD lyy Y ANb C'F8 t J G ..,.r+ KYM iIARTP0�3, < a 191<2 p By +� George W.Thompson Senior Vice President On this I lth day of January, 2002 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that helshe is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. My commission expires June 30, 2008 Notary Public Marie C.Tetreault CERTIFICATE I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of the State of:Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority,are now in force. Signed and Sealed at the Home Office of the Company,in the City of Hartford, State of Connecticut. Dated this )A4� day of " e ib 1982 By. p C1 s HARTRORU, < CI cow. � r iKod M. Johanson �y Assistant Secretary, Bond CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of: CALIFORNIA County of: CONTRA COSTA On, ]arta 17, 2082 before rne, htristine 1 Mazzera Notary Public personally date appeared Jay Torres—Mina Name(s) of Signer(s) [XI personally known tome [ J proved to me on the basis of satisfactory evidence to be the person{str whose name is/ar*- subscribed to thewithininstrument and acknowledged to me that he/sleet' executed CkiRiST1NE J. tNlJ►ZlE wi MNEJi�.l�. the same in his/hea4hek his/heatauthorized capacity(W), CommWon#y and that by his/lx+ ltkaix signatureQ,!on the Notay OuW-Wlfw ti instrument the personog, or the entity upon Ajorneda County Jbehalf of which the person acted, executed the WC.rxr M.Fjpk%Jun2E1,2M instrument. WITNESS y hand and of 'tial seal. '7f 71 w Signatu a Of Nota CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA. County of .ALAMEDA 1 Onti Wt before me, MICHELE GLASKY, NOTARY PUBLIC personally appeared SHIRLEY YORK-B.AS►SEL. XX personally known to me-- OR- ®proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity , and that by his/her/their signature on the instrument the person, or the entity MICHEI f CLASKY upon behalf of which the person acted, C;)i4;ri 1"x832 C sa = NOTARY P'UJ.L(C_Z$1LIFORNIA� executed the instrument. ALAMEDA Cc;i,NTY 0 i+c CC361 .Jti;ai_ 17,2003^a WI'T'NESS my hand and official seal. Signature of Notary P c RIDER Travelers Casualty and Surety Company of America One Tower Square 3PB, Hartford,CT 06183 Project- Alamo lots l -- 14, Subdivision 7744 To be attached to and form a part of: Band No.005SB103323215SCM Type of Bond: Improvement Security Bond for Subdivision Agreement Executed by West Coast Home Builders Inc.,, as principal, and by Travelers Casualty and Surety Company of America,as Surety, in favor of County of Contra Costa and dated June 12,2002. In consideration of the premium charged for the attached bond, it is hereby agreed to change: The written dollar amount From: Five Hundred Three Thousand Five Hundred and NO1100s To: Five Hundred Three Thousand and 001100 dollars This rider is effective June 25,2002. This rider is executed upon the express condition that the surety's liability under said bond shall not be cumulative and shall in no event exceed the amount specifically set forth in said bond or any existing certificate changing the amount of said bond. The referenced bond shall be subject to all its agreements, limitations and con ' 'ons except as herein expressly modified. SIGNED.SEALED AND DATED this 25th day of June, 2002. X gCi H ul rs By: cipal ual and ty Com any of riga By: ... Shirley York-Bas Attorn.. En-Fact *RIDER ACCEPTED BY: Contra Costa County (Obligee) Date *If Obligee signature required, please sign duplicate and return to Surety. S-1234(41-99) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 11th day of January 2002. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY }SS.Hartford FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD Imo ; d a� < e � CONK � � a George W. Thompson y s `+'1 Fri �+ • � Senior Vice President On this T lth day of January, 2002 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn,did depose and say: that helshe is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument;that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals;and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. My commission expires June 30, 2006 Notary Public Marie C. Tetrerault CERTIFICATE 1, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in fall force and has not been revoked; and fiuthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority,are now in force. Signed and Sealed at the Home Office of the Company,in the City of Hartford, State of Connecticut. Dated this� � day of 20 �ycVAV6 rtesu �rw,x 00- B ~W-.... IF, 00 CON rz ��aa Kori M.Johanson Assistant Secretary, Bond TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: R. Scott Daugherty, G. Sue Dituri, Shirley York-Bassel, of San Francisco, California, their true and lawful Attorneys)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance,or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full farce and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman,the President,any Vice Chairman,any.Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. (11-00 standard) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of; CALIFORNIA County of: CONTRA COSTA On, Tune 26, 2002 before me, Christine 1, Mazzera, Notary Public, personally date appeared. lav Torres-Mina Name(s) of Signer(s) [X] personally known to me [ ] proved to me on the basis of satisfactory evidence to be the personks)whose name}is/are subscribed to the within instrument and CHRISTINE J.,mZ7 acknowledged to me that he/%#ems executed CornmWlon# 1225682 the same in his/heB4 authorized capacity0es) Notchy gubllc-Calltomia and that by his/he4theif signatures)on the Atrrns a County instrument the person(s), or the entity upon PAY C.sr1 F4)h---,5Ju71:3'= behalf of which the person(s)acted, executed the instrument. WITNESS y hand and official seal. Signatu of Notary tubjrc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA County of ALAMEDA Can June 25, 2002, before me, MICHELE GLASK.Y, NOTARY PUBLIC personally appeared Shirley York-Bassel. XX personally known to me-- OR- Oproved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they " executed the same in his/her/their authorized capacity , and that by his/her/their signature `J1Fk —MIC19LECaLAKY on the instrument the person, or the entity > COMM.#1224832 0 NOTARY PUBLIC-CALIFORNIA upon behalf of which the person acted, ALAMED,A COUNTY 0 executed the instrument. COMM.EXP.JUNE 17200.33 WITNESS my hand and official seal. Signature of N I Public fax Collector's Office William J.Pollacek 6251;ourt Street Contra County Treasurer-Tax Collector Fit;a'ice;But ding,Room 100 P,C.3ox 631 Joseph L.Martinez Martinez,California 84553- Costa Assistant Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (926)646-4135 FAX ''""II "rax operations Supervisor p . Date 06-12-02 Date: 611212002 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 1 MS# City T.R.A. 7744 ALAMO 66402 Parcel#: 193-010-018-3 193-010-020-9 193-080-111-1 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2001-2002 tax lien has been paid in full. Our estimate of the 2002-2005 tax lien, which became a lien on the first day of January, 2002 is $76,400.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK Treasurer-Tax Colle By: r Bond #103667677 Premium: $756.00 PRINCIPAL TITLE COMPANY SURETY West Coast Home Builders, Inc. Old Republic Title Company Travelers Casualty&Surety Company of America 4021 Port Chicago Highway 3000 Clayton Road 350 California St., Suite 2020 Street Address Street Address Street Address Concord CA 94524 Concord, CA 94519 San Francisco, CA 94104 City, State, Zip City, State, Zip City, State, Zip Dave Dolter Dawn Cabral Shirley York-Basset Contact Person Contact Person Contact Person 925-671-7711 925-687-788+ 889-959-5944 Phone Number Phone Number Phone Number BOND AGAINST TAXES THAT West Coast Home Builders. Inc., as Principal and Travelers Casualty & Surety Company of America. as Surety, a corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in California are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of SEVENTY-SIX THOUSAND FOUR HUNDRED DOLLARS, ($76,400.00), to be paid to the said County of Contra Costa, for the payment of which will and truly be made, we and each of us bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. Sealed with our seals and dated this 12th day of April , 2002. The conditions of the above obligation is such that WHEREAS, the above bound Principal is about to file a map entitled Subdivision 7744, to secure estimate of 2002 — 2003 Property Taxes for APN 193-010-183-31193-010-020-9. 193-080-111-1 covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against said tract of land covered by said map(s), which taxes and special assessments collected as taxes, are not as yet due or payable. NOW THEREFORE, if said Principal shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said map, at the time of the filing of said map, then this obligation shall be void and of no effect. Otherwise it shall remain in full force and effect. PRINCIP L: SURETY: Vilest C e it rs Inc. Traveler Ca ualt &Sure Corn an;+of America By: By: ^� a irley Yor sell Attorney-in-Fact ( SIGN TURES MUST BE NOTARIZED) IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this I lth day of January 2002. STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY }SS.Hartford FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD ►4 s Y AAF 1922 By hp F CONN, �' '� s Thom W.George son sm� g P Senior Vice President On this I lth day of January, 2002 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. My commission expires June 30, 2006 Notary Public Marie C.Tetreault CERTIFICATE 1, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority,are now in force. Signed and Sealed at the Horne Office of the Company,in the City of Hartford, State of Connecticut. Dated this �at� day of �[RA-�. = 200;1,. ySY Ak 5 B s NAR7FORD, 1!t 2� p y GEMMMM ', cvHH �� Kori M. Johanson Assistant Secretary, gond DATE: _ � - BOND RE ED AND Appj&pYRD CONTRA COST&COUP TRE TAX. Most By..—42=4M TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183-9062 POWER OF ATTORNEY AND.CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents snake, constitute and appoint: R. Scott Daugherty, G. Sue Dituri, Shirley York-Bassel, of San Francisco, California, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizaances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman,the President, any Vice Chairman,any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vire Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President, any Secretary, any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. 01-oa Standard) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA. County of A.LAMEDA On April 12, 2002, before me, MICHELE GLASKY, NOTARY"PUBLIC personally appeared SHIRLEY Y OR:K-BASSEL. XX personally known to me— OR.- dproved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity , and that by his/her/their signature MICHELE GLASKY 7, on the instrument the person, or the entity r�amA ► ''BLIc c oRNiA� upon behalf of which the person acted, ALAMEDA COUNTY executed the instrument. COMM.EXP.JUNE 1T,2003 WITNESS my hand and official seal. Signature of o ry Publ CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of: CALIFORNIA County of: CONTRA COSTA On, April 1S, 2002 before me, Christine � IVlazzera. Notaly Public, personally date appeared Jay Torres-Mina Name(s) of Signer(s) personally known to me [ ] proved to me on the basis of satisfactory evidence to be the person whose name( is'ia*e- �a►..r.�. subscribed to the within instrument and CHRISTINE IMAUERA acknowledged to me that helsh'e ey-executed Commission# 1226682 the same in his/herhki6e x authorized capacity0 Notary Public-Cariforrda and that b n the Alameda County y hisi gnature{ MyComm.E JL in instrument the person(;or the entity upon behalf of which the personaicted, executed the instrument. WITN S my hand and official seal. Sig tore of ota lic SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7744, being developed by West Coast Home Builders, Inc., Alamo area. (District III) DATE: July 9,2002 PAGE 2 A. Cash Bond Performance amount: $5,600.00 Auditor's Deposit Permit No. 355812 Date: September 7, 2000 Submitted by: Albert D. Seeno Construction Co. Tax ID Number: 94-6170857 B. Surety Bond Bond Company: Travelers Casualty&Surety Company of America Bond Number: 005SBI03323 215BCM Date: June 12,2442 Performance Amount: $503,000.00 Labor&Materials Amount: $254,300.00 Principal- West Coast Home Builders, Inc. 111. 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 $76,400.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: Travelers Casualty& Surety Company of America Bond Number: 103667677 Date: April 12,2002 Amount: $76,400.00 Principal: West Coast Home Builders, Inc. NOW,THEREFORE,THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. Resolution No. 2002/436 SUBDIVISION AGREEMENT (Government Code S66462 and S66463) ubddvdsdon: 2244— Subdivider: Gest Coast Home Builders Inc. ;ffective Date: 11J14 ,7 Completion Period: I year r 'HESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: !ONTRA COSTA COUNTY SU -,]DER iaurice M.Shiu,Public Works Director WEST COAST HOME BUILDER 00, ty: srs (Print a a) b e r t LT. S e; 7 r. V Presiden On.61sy: tsr3 Engi Services Division (MIA mm&tide) Kathleen M. Blackard Secretary Victor J.Wastmaai,County Counsel (NOTE: All signatures to be acknowledged. If Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code S313.) pAR_�.S.S dr DATE Effective on the above date,the County of Contra Costa,California,hereinafter called" WIW,arid the above-mentioned ubdivid mutually promise and agree as follows concerning this subdivision: DERC)WdENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,street ghts, fire hydrants, landscaping, and such other improvements(including appurtenant equipment) as required in the improvement plans for this abdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance :ode(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as xluired by the California Subdivision Map act(Government Code SS664I0 and following),in a good workmanlike rammer,in accordance with accepted onstructicnt practices and in a mi neer equal or superior to the requirements of the County Ordinance Code and rulings made thereunder,and where there >a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. t14MOVBMl3_NT,S} L=. Upon executing this Amt,the Subdivider shall,pursuant to Government Code S66499,and the County hdinance Code,provide as security to the County: A. For P_ o t and t3 t S 5, OO.Oash,plus additional security,in the amount of!; 503 s OOO rhich together total one hundred percent(100.1•)of the estimated cost of thewrork. Such additional security is presented in the form of Cash,citified check or cashiers check. X Acceptable corporste•surety bond. Acceptable irrevocable letter of credit.„ With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion nd acceptance against any defective workmanship or materials or any unsatisfactory Wformance. B. For Plly=t: Security in the amount of$21413 OO. which is fifty percent(5(%)of the estimated cost of the work. uch security is presented in the fort of- Cash, f Cash,certifted deck,or cashiers check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing ibor or materials to than or to the Subdivider.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider, pie amount securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 1. QUARAME AND WARRANTY WOR& Subdivider guarantees that said work shall be free from defects in material or workmanship uhd 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 krticle 964.6,"Acceptance,"of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his 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 ESTAB7rrSN). MENT WORK. Subdivider 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 WARBANTY'. Subdivider 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,Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WALVERBY_CC aq—TY. 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 Subdivider of his obligation to fulfill this agreement as prescribed,nor shall the County be thereby be stopped from bringing any action for damages arising from fhe•failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indeMitics benefitted and protected by this promise are the County,and its special district,elective and appointive boards, commissions,officers,agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the 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 agfigns causing liability are any act or omission(negligent or note-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them, D. o TaWitim- 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. : Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby- 10. , hereby. 10. LI&) . Subdivider 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. NO_ N-PER ,&NCE AND COSTS:If Subdivider fails to complete the work within the time specified in this Agreemerit,and subsequent extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)irmnediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is takers by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all aittomey`s fees,and all other,expenses of litigation incurred by County h0connection therewith,even if Subdivider subsequently proceeds to complete the work. t 12. INCORPORATION/A ij UX ON. 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,the 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 Subdivider,who shall fulfill all the terms of this agreement as though Subdivider 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. U ORD MAS. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. RL,m r:kw QNGrpDmr EagSvcTonr,eAG WOMAG-30r1doc R.ev, April 6,2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT N8.5907 co Stateof t P County of ' o – _(��L 4T� On , ? — before me, DATE' ME,Tffi!O FICER•E. ., JANE DOE,NOT Y PUBLIC- personally appeared 4 - =_ ©-- '� , NA )OF SIGNER(S) '"personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personKwhose name is are CAROLYN DIANNE WOFFORD subscribed to the within instrument ck6d ac- COM M. 1278158 � knowledged to me that a he/they executed ° NOTARY PUBLIC-CAUFORNIA the same in 11i h rltheir authorized CONTRA COSTA COUNTY .� Comm.Expires Sept.24, capacity(j*_s'}, and that byVte her/their signatur on the instrumentperson,ef, or the en Ity upon behalf of which the personacted, executed the instrument. WIESS my hand and officia seal. L;7 4 c SI N REO ARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT DIVIDUAL y� CO RATE OFFICER ! �t TITLE OR TYPE OFD UMENT TLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ® OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENM YOES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Rernmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of �, 4 County of 'I d4V (I I f On k)6�' before me, V D E,TI OFFICER-M,-JA E DOE,NOTARY PUBLIC" personally appeared P NAME(S)OF SIGNERS) 'personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person ] whose name i s/ re .. CAROLYN DIANNE WOEFORD subscribed to the within instrument..~. 1278158 NaTARYPUBLIC-CALIFORNIA knowledged to me that hV§ they executed cc7NrpAcosrAcot,NTY the same in his authorised I My Comm.Expirm Sept.24,2004 capacity(), and that by hi / e their signature on the instrument the persolyt s l or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. id JA L A U ENOTARY 3, OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑rI 1vIDUAL PORATE OFFICER ll Ti LE OR PE OF ROCU 6I (S) ❑ PARTNER(S) LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENnTYOES) SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184