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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-491 F THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on August 13, 2002,by the following vote: AYES: SUPERVISORS GERBER, UILKEMA, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2002/ 491 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8456,being developed by Pacific/Bowie-Tracy II,Byron area. (District III[) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 8456,property located in the Byron area,Supervisorial District III, said map having been certified by the proper officials. H. Subdivision Agreement A subdivision agreement .with Pacific/Bowie-Tracy II, 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 CL.cw the date shown.. G-.\GrpDatatEngsvc\80\200218-13-021SU13 8456 BO-21-doe Orlonator.Public Works(ES) Contact: Chris Lau(313-2293) ATTESTED: AUGUST 13, 2002 Cc. Public works-t Bell,Construction JOHN SWEETEN,Clerk of the Board of Supervisors and County Cwmt Planning,Conmurrtity Development Administrator T—6-13-03 Pacific/Bowie-Tracy 11 One Corporate Plaza,2"d Floor Newport Beach,CA 92660 By Deputy ATT:David Powell American Motorists Insurance Corripany 7470 N. Figueroa Los Angeles,CA 90041 ATT:Patricia White RESOLUTION NO.2002/ 491 STATE OF CALIFORNIA ss. COUNTY OF ORANGE On MAY 9,2002 before me, TIMOTHY D. FRANK, NOTARY PUBLIC PERSONALLYAPPEAREI7 PATRICIA M.WHITE personally known to me ---mved to 4,6wefitefefy 4 .,)to be the person()whose name(4 islartsubscribed to the within instrument and acknowledged to me that hrlshelthey executed the same in hiAerl*eirxiuthorized capacity(ies),and that by hh1herltheir signature(a�on the instrument the person(e,or the entity upon behalf of which the person(r)acted executed the instrument. - .l: WITNESS my hand and official seal. Notory FUNIC"Colborn io C"Vve County Signature This area for Official Notarial Seal 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 El INDIVIDUAL El CORPORATE OFFICER BOND TITLE OF TYPE OF DOCUMENT TITLEtS) C.� PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ® TRUSTEE(S) El GUARDIAN/CONSERVATOR ® OTHER: MAY 9,2002 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR EN72TY(3E5) AMERICAN MOTORISTS INSURANCE COMPANY NIA SIGNERS OTHER THAN NAMED ABOVE ID-1232(REV.5101) ALL-PURPOSE ACKNOWLEDGEMENT" POWER OF ATTORNEY Know All Men By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the"Company") do hereby appoint Paul C.`Hughes , Patricia M. White and Kenneth D. Buller of IRVINE, CA (EACH) their true and lawful agent(s) and Attorneys)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as their act and deed: �. Any and all bonds and undertakings EXCEPTION: NO AUTHORITY is granted to make, execute, seat and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois. This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the .Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company." FK 09 75 (Ed. 09 01) Page 1 of 2 Printed In U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this October12, 2001. Attested and Certified: Lumbermens Mutual Casualty Company American Motorists Insurance Company American Manufacturers Mutual Insurance Company N,Nue ry,4 4 ' Uyu 1 �COIFt0YA71 b � AN fLUY4tt iiAl �f0Yl0AATYFY oh K. Conway, CorporVe Secretary ZGary J. ly, nior Vice Pres' t STATE OF ILLINOIS SS COUNTY OF LAKE SS 1, Maria 1. Omori, a Notary Public, do hereby certify that Gary J. Tully and John K. Conway personally known to me to be the same persons whose names are respectively as Senior Vice President and Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. YOFFICIAL SEAL"MARA 1.WORT NUTAW MYCO�n SSONaPIRES9 ILLINOIS003 Maria 1. Omori, Notary Public My commission expires 9-17-03 CERTIFICATION 1, J. K Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company, do hereby certify that the attached Power of Attorney dated Octoberl2, 2001 on behalf of the person(s) as listed above is a true and correct copy and that the same has been In full force and effect since.the date thereof and is In full force and effect on the date of this certificate; and I do further certify that the said Gary J. Tully, who executed the Power of Attorney as Senior Vice President, was on the date of execution of the attached Power of Attorney the duly elected Senior Vice President of the Lumbermens Mutual Casualty Company, the American Motorists insurance Company, and the American Manufacturers Mutual Insurance Company. IN TESTIMOtJY WHEREOF, I have hereunto subscribed-rny name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual Insurance Company on this 9th day of MAY - 20 02. I ri cm 'S +NauYoiY Yt LUVIU VU AcuYroAatY7Y II��t tV Joh K. nway, Corporate Mcretary This Dower of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office. Long Grove, IL 60049 FK 09 75 (Ed. 09 01) Page 2 of 2 Printed in U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1< State of California ss. County of Orange- On -may rangeOnMay 23 , 2002 before me, Julie Ann Edmiston Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public") personally appeared Arn K. Youngman , Name(s)of Signer(s) 2 personally known to me 1-1 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 JULIE ANN EDIM{SlC)N acknowledged to me that he/she/they executed j � Commission#12470116 [ the same in his/her/their authorized Notary Publia-California capacity(ies), and that by his/her/their Orange County signature(s)on the instrument the person(s), or iMYCorrm F)OM Doc 25,2W3 the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. CLYl r, 5", M�a�4LW_ Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bond Document Date: _. May 9 , 2002 Number of Pages: 1 Signer(s)Other Than Named Above: N/A Capacity(les) Claimed by Signer Signer's Name:_ Arn K. Ybungman s. ❑ Individual ❑ Corporate Officer—Title(s): Top of thumb here 5d Partner,—D Limited 54 General b Attorney in Fact 11 Trustee ❑ Guardian or Conservator ❑ .Other: Signer Is Representing: 01999 National NotaryAssociation-9350 tae Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.natlonalnotary.oM Prod.No,5907 Reorder:Call Toll-Free 1.800.876-8827 : C!yt w o M X tri'� Q .� � � ,� -L t+► � c�wt�r � � '��,� �� � � � �"' , 1 91, t tr q i3 a tr ' u m� Sao li qk 14 7 � ty 'H ��. g� �s �"r �y •a GM���•+. �.s 11ia C7 Q ev ' 9,t > } . —fir C) Lp Go u4 0 tog Id co at ,� Gs -A 5 , '� ___`-~ --,~.~-~.-._~~~--�-~_. ___~-- __~~._~-`_~~._~~~~-.~__~- ~ / �Xw bob 4 NOO'43'10"E 154.14" U1 NOO'43'10 E 100.81' n k < 4 04 r r •,Av.. CT CT, •y +{�JySyy 224.76' g NOO'43'10 E 233o04'(T) " as N00'43'10E 178.88' � v ZD Q7 C�"N " 0 ON ra K4 nt tN z rn W CO �A < o� oma `� v 00 -r v cn •-t a> � a XS CJ � 1 -ry 3178'1 162.02' NOO'43'10 E 195.80'(T) c, oo-P, p x ow n V -n 319.87' t'' 281.11' NOO'53'45 E' 599.99' 551.99] `CJ 0 ;u ;0 Noo•s.1'4sE Sal SHEET 5 -� ) Z/ zoGRID 0 0-) � m t JO . t5 a i - 0 ROAD x In 7> T1t'(1 " V) C� $ _ 4 41 t a b� `� � 0 14 ` '0 a ! i M 3Cm ��" < m n n- � roo 6W > ts.00' m o Z2tc`� C7 i 2t21' !til vr'i VZ `°' w C) vt-i u+r �0 a mfg C)1 frl (`t1 Ul 18.79' `' ra "' m ta M_ ` C7 L4 i g64 c a' N (jCO (j -ti V 1M 4N- 0 � I•' M[ tp =C� ud a rn o v` .r m` � cv "'� n°� M X17 F17 � ±r� Wr) Wr-l0 W a3tna N � �� 00 � � wwwwwww�wwww ti 00 0 m L,� rri � � s+Y r') r�7 cO t[} tC} cp tp �� i�,s tk: � � Z NNCVNNNN NNCVCd (�}C ,z0 {,.,, "V° 1 m t- tx v v tr "v <ra � a `v $ toJ 1 c C'sn ca z z z z z z z z z z z + rn 4: cry Ct p ii C.j t_„,,CL � In co n co rn ye('�:�pS ��Yy+,� r�yya +�7}} CL Lki czi CC C)- V) 7 ti ry Kri rp n0'1o � N t2 s i V a � ;: :�' *� N N 917 28� 517 m CL t7y c 1� u) CVNN NNNNCV NNCV ,4 (, L0 u7 if3 ton w tti tD 0 0 t&} � $' yam,+ j Y m Uk b C7 C� 00 Q9 i7t fX7 !» i]f *i w zZzzzzzzzzzz ri w Li (?,aW 4t7E) Cn�` ), 9'611 € .(0f(1),Zf'919 3,tL 95.O0N €€ „LZ 950©NfW 750.02 147 f%"1 5zW 750-02' , rte~ 1 X 41 Aj k W 743.92't a..�- -- -. € J a f cl w tK I tX3! - Lw 4ry cr. nen } ! f CN ('D- w u, >- ori cn us cc 4 ' t Q�- N.e[ N d ” 41 a. i ( f Q p N(6 N OfFM i V) is ! 0: � u� a ,! LL<c W (.n i ui i mV;Z OwR; ! 1 0 U)0 1c Cs ! g i cs, 6 w € to € .86'665 3,5b,F5.00N 61 'ON 11n83d '96Z-86 �Gd s9JOV 69'0 �.jb.S f DO'0�' 3dd119 ,00'05 i ! [,86'165`1 ,86'665 3 5*,fG.00N �' 9107 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8456, being developed by Pacific/Bowie-Tracy II,Byron area. (District III) .DATE: August 13, 2002 PAGE 2 A. Cash Bond Performance amount: $9,200.00 Auditor's Deposit Permit No. 387224 Date: May 30, 2002 Submitted by: Pacific/Bowie-Tracy II Tax ID Number: 33-0739602 B. Surety Bond Bond Company: American Motorists Insurance Company Bond Number: 3SM04670400 Date: May 22,2002 Performance Amount: $910,503.00 Labor&Materials Amount: $459,850.00 Principal: Pacific/Bowie-Tracy II 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 $39,200.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: American Motorists Insurance Company Bond Number: 3SM04654100 Date: May 9,2002 Amount: $39,200.00 Principal: Pacific/Bowie-Tracy II 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. 2002/491 SUBDIVISION AGREEMENT (Government Code§66452 and§66463) Subdivision: 8456 Principal. Pacific/Bowie—Tracy II Effective Date: Completion Period; 1 year THESE SIGNATURES ATTEST To THE PARTIES'AGREEMENT HERETO: C ML&0 M CQ= ERDLCIPAL Pacific/Bode—Tracy II Maurice M.Shiu,Public Works Director f: (trine ww t dtk) R C)MMB1w1DED FOR ApPROVA�- �ar� By: til ngineering sem iviss n (Prw".n»s:tkw E=AE OVED: Victor L We stmau,County Counsel (NOTE. All signatures to be acknowledged. 1f Principal is incorporated, signatures must conform with the designated representative groups puiauant to Corporations Code¢313.) 1. E �'S( DAM Effective on the above date,the County ofContra Costa,California,hereinafter called"fMMW and the above-mentioned ftis mpAL mutually promise and agree as follows concerning this subdivision: 2. Qil LQ_)T N'1's. Principal agrees to install certain road improvements(both public and private),drainage improvemetits,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 fature 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 Cade,the stricter requirements shall govern. 3. )Mb=SBCURITY. Upon executing this agreement,Principal shall,pursuant to Government Code §66499 and the County Ordinance.Code,provide as security to the County: A F0rpjjfgter: S 9,200.00 cashr.plus additional security,in the amount:$ 910, 00 which togethcr total one hundred percent(100°!0)of the estimated cost of the work. Such additional security is presented in the form of~. Cash,certified check or cashiers check. R 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. rx p&yM=: security in the amount:$ 459,850.00 which is iffy percent(50%)ofthe estimated cost of the work Such security is presented in the form of. Cash,certified check,or cashier`s check 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. gLL&RANM.AM WA�„RAM OF WC}It_X. 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. ELATA ,LI^HHMT Principal cipal 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. M2RQ1T PI.AN WAI&4_N'£Y. 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. No AADMf y QQLM. Inspection ofthe work and/or materials,or approval ofwork 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. MNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The ind=ifig benefited and protected by this promise are County and County's special district,elective and appointive boards, commissions,officers,agents and employees. B. The liabjU 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 anions causing liability 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. KMS& itions; Tho promise and agreement in this section are not conditioned or dependent on whether or not any Indenmitee 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. COSTS: Principal shall pay when due,all the costa 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. NQN--PERFQLbjAb=AM C=:If Principal Ms 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 Comity(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 fomes,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. INQQUORATION/ANNEXAIION. 1.4 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 (Indemnity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. R,Bt (;ARD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. Rrr.:nrlwa o: a u%s .urrwo no-30.a"c w Rev. October I5,x001 CALIFORNIA ;ALL.-PURPOSE ACKNOWL.EOGMENT State of California ss. County of Oranc„i.e i On-May 23 , 2010 , before me, Julie Ann.;'Edmiston Date Name and Title of weer(e.g.,"Jane Doe,Notary Publle") f personally appeared Arn K Youngman - I Name(s)of Signer(s) 12 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 JULIE����# acknowledged to me that he/she/they executed Commission#1247016 Y the same in his/her/their authorized Notary Public-Caiitomia capacity(les), and that by his/her/their Oran"County aMyCorrmEOWDOC25.2signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. i WITNESS my hand and official seal., Piece Notary seal Above Signature of Nota ar f ry Pubiio OT jVJ�fPtL 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: Subdivision Agreement Document Date: Number of Pages: Signer(s)Other Than Named Above: N/A Capacity(ies) Claimed by Signer Signer's Name: Arn K, Youngman MV •' ❑ Individual Top of thumb here ❑ Corporate Officer--Title(s): 9 Partner—❑Limited int General ❑ Attorney in Fact 71 Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: - 01989 National Notary Associations•9350 Cie Boto Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•www.natiominotary.org Prod.No,5907 Reorder..Call Toil-Free t•808.870.8927 COUNTY OF CONTRA COSTA DEPOSIT PERMIT UFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER 42z� `� (Fx Cash Coliectiati Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORd' ACCT TASK OPTION ACTIVITY AMOUNT ,a $ i too -yyy��. �.-+){•/) ^jam/ � J). YL iin mll a L it I7 f i i EXPLANATKINN: DEPOSITe6c ce, - ' Deposit cornsitts of the fol6ii ring COIN and CURRENCY �^ CHECKS,M CX.ETC. o 0 BANK DEPOSITS $ x� FOR AUDITOR-CONTROLLER USE ONLY J70 b'1 {J DEPOSIT PERMtr DP 9,013637 " NUMBER 387��� DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is opproved. Receipt of above amount is hereby, deposit into the Countyury. acknowledged. 7 : Cj .'/i gly) Date 9nedf EXT. ti Depu aunty A ;for IU/ Deputy County"Tress" -34 RIV(7-93) i r � � tel„„ l 000649-9665 / 831000: G1093372, Pacif is/Bowie-Tracy II, PO Box 3060, Newport Beach, CA 92658 $23,643.00, SUB 8456 Improvement Inspection " 7,400.00, SUB 8456 Pian deck r $ 2,000.00, SUB 8456 Map Check t 800: G1093370, j9JO0.00, SUB 8456 Performance Cash Bond, Pacific/Bowig-Tracy II, PO Box 3060, Newport Beach, CA 92658 i Y J! +I f # f i f# '. ti♦ ## t# ##� Rt # #:• # ## #r #...t t. # ## # R • # i ## tf 'J :r ## a# fi # 1 # # >.! # # � # - t# # t # # : R f #.• # • # # R # ,"b # R #. tii #- f» - .., ii %# # 1 1-9 if # wt i ' i » R f ' : t # �.#t ' # t #i r • # : : t t # a R: # # Mus 91MI " A # a f # : # is R r ! f 11 • t ' ♦# # # " # t # # #!RR R #i 0 # t # # ## # _### ## : t-fT4R:# ice# • i #: a R 1. 0 folt.m.fAlto. #. # i R ..:`i • -i# ' 1 » # # • : i f s I t 'Inivio : ## # # it R #> # f R # # : # # # s R t i #, • # ! M --# # 4 tf. i 4 ! t . il.:.t #� I ♦w :# : #t # #:R • # # • # # R.. '� • # # : #f Rf t t # f # tR Y t 't t - # # # t • » # tt # t." B. The conditivn.of this obligation, as to Section (2.B.) 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 fiunished, 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 herebyexpressly stipulated and agreed that this�ond,.shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)ofPart 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. SQA arm SEAM on MAY 22, 2002 pRINCIpAL.- PACIFIC/BOWIE-TRACY II SURE.TTY:AMERICAN MOTORISTS INSURANCE COMPANY Address: ONE CORPORATE PLAZA 2nd FL Address: 7470 N. Figueroa Cita►. Newport Beach, AZ- . 92560 Ci Los Angeles, CA dip. 90041 By: e�".".� '" By: Print Name: 4f ZILr -Wr/31.�t„ Print Name:PATRICIA M. WHITE, Title: Title: Attorney-in-Fact r nwbp GAa#V0at Wft9SV uWan"N wa tv-12Aoc Rom Novenba 22,20M STATE OF CALIFORNIA SS. COUNTY OF ORANGE On MAY 22,2002 before me, DOLORES MUIR,NOTARY PUBLIC PERSONALLY APPEARED PATRICIA M.WHITE , personally known to me fvi*nee)to be the person(.-}whose nameka 'islam subscribed to the within instrument and acknowledged to me that,4elsheltkey executed the same in ki:WherlNeirauthorized capacity(ioe),and that by4klherltheir oro.c signature(e)on the instrument the person(e), or the entity upon behalf DOLORES MUIR of which the person(. acted, executed the instrument. a COMMISSION#1284060 fota�Public.California 4GE COUNTY WITNESS my hand and official seal. t.Y Co ninission Expires" -► MAY 7.5,2s404 Signature This area for Oficial Notarial Seal 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 ❑ INDIVIDUAL ❑ CORPORATE OFFICER BOND rITL {s) TITLE OF TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: MAY 22,2002 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) AMERICAN MOTORISTS INSURANCE COMPANY N/A SIGNERS OTHER THAN NAMED ABOVE ID-1232(REV. '°') ALL-PURPOSE ACKNOWLEDGEMENT POWER. OF ATTORNEY Know All Men,By These Presents: That the Lumbermens Mutual Casualty Company, the American Motorists insurance Company, and the American Manufacturers Mutual Insurance Company, corporations organized and existing under the laws of the State of Illinois, having their principal office in Long Grove, Illinois (hereinafter collectively referred to as the"Company") do hereby appoint Paul C. Hughes , Patricia M. White and Kenneth D. Buller of IRVINE, CA (EACH) their true and lawful agent(s) and Attorneys)-in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as their act and deed: Any and all bonds and undertakings EXCEPTION: NO AUTHOPJTY is granted to make, execute, seal and deliver any bond or undertaking which guarantees the payment or collection of any promissory note, check, draft or letter of credit. This authority does not permit the same obligation to be split into two or more bonds in order to bring each such bond within the dollar limit of authority as set forth herein. This appointment may be revoked at any time by the Company. The execution of such bonds and undertakings in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal office in Long Grove, Illinois, This Power of Attorney is executed by authority of resolutions adopted by the Executive Committees of the Boards of Directors of the Company on February 23, 1988 at Chicago, Illinois, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairmen of the Board, the President, or any Vice President, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings, obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This bower of Attorney is signed, seated and certified by facsimile under and by authority of the following resolution adopted by the Executive Committee of the Boards of Directors of the Company at a meeting duly called and held on the 23rd day of February, 1988: "VOTED, That the signature of ,the Chairman of the Board, the President, any Vice President, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to resolution adopted by the Executive Committee of the Board of Directors on February 23, 1988 and any such power so executed, sealed and certified with respect to any bond or undertaking to which it Is attached, shall continue to be valid and binding upon the Company." FK 09 75 (Ed. 09 01) Paige 1 of 2 Printed In U.S.A. In Testimony Whereof, the Company has caused this instrument to be signed and their corporate seals to be affixed by their authorized officers, this October12, 2001. Attested and Certified. Lumbermens Mutual Casualty Company American Motorists insurance Company American Manufacturers Mutual Insurance Company `Mac ry'R'P 1� t ' )) AN iLUNEU I EEII�6A`T4 5iW190NAflEY oh K. Conway, Corpor a Secretary Gary J. ly, nlor Vice Pres' t STATE OF ILLINOIS SS COUNTY OF LAKE SS I, Maria 1. Omorl, a Notary Public, do hereby certify that Gary J. Tully and John K. Conway personally known to me to be the same persons whose names are respectively as Senior Vice President and Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American, Manufacturers Mutual Insurance Company, Corporations organized and existing under the laws of the State of Illinois, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seals and delivered the said instrument as the free and voluntary act of said corporations and as their own free and voluntary acts for the uses and purposes therein set forth. "OFFICIAL SEA!" ? 2.+' MxRia,r.C3AAOFtI NOTARY KRIC,STATE OF ILUN015 WCOWrtifOONEXPIF 5917 tads Maria 1. Omori, Notary Public My commission expires 9-17-03 CERTIFICATION 1, J. K. Conway, Corporate Secretary of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual insurance Company, do hereby certify that the attached Power of Attorney dated Octoberl2, 2001 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and Is in full force and effect on the date of this certificate; and I do further certify that the said Gary J. Tully, who executed the Power of Attorney as Senior Vice President, was on the date of execution of the attached Power of Attorney the duly elected Senior Vice President of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, and the American Manufacturers Mutual insurance Company. IN TESTIMOV WHEREOF, I have hereunto subscribed'tny name and affixed the corporate seal of the Lumbermens Mutual Casualty Company, the American Motorists Insurance Company, 90 the American Manufacturers Mutual Insurance Company on this 22nd day of MAY -, 20 I A rl 1'f EENlEAATE AN 1Lt1NEtf u V1WECN/INIAflEN Joh K. nway, Corporate cretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. Home Office: Long Grove, IL 80049 FK 09 75 (Ed. 09 01) page 2 of 2 Printed In U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of C'. 1 i f p r°n i_H OPTIONAL SECTION County of Orange CAPACITY CLAIMED BY SIGNER On 0 5/2 3/0 2,before me, Julie Ann Edmiston Though statute does not require the Notary to fill in DATE NAME,TITLE OF OFFICER E.G.,'JANE DOE,NOTARY PUBLIC' the data below,doing so may prove Invaluable to persons relying on the document. personally appeased Arlt K. Youngmans)GPSIGIVER(s) 0 INDIVIDUAL X personally known to me-OR-0 proved tome on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TrrLE(S) } � subscribed to the within instrument and JULIE/WN E0M4 TON acknowledged to me that he/she/they executed PARTNER(S) 0 LIMITED j Com myuilori*1247016 the same in his/her/their authorized 0 GENERAL capacity(ies),and that by his/her/their Notary public-Californiantysignature(s)on the instrument the person(s)or 0 TRUSTEATTORN(S) FACT ��County the entity upon behalf of which the person(s) 0 TRUSTEE(S) MY EA*osjD�@�025,=033acted,executed the instrument. 0 GUARDIAN/CONSERVATOR [7 OTHER.: WITNESS my hand and tial seal, SIGNER IS REPRESENTING: (NAME OF PERSONS)OR ENTITY(LES)} SIGNATURE oy?TOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document Bond TO THE DOCUMENT AT RIGHT. Number of Pages 1 Though the data below is not required by law,it may prove valuable Date of Document 05 12 2 j 0 2 to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above N/A---- re-attachment 1 Are-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. 1. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must Ue signed exactly as it is typed or printed. Il. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS - Sig party must be either a general partner or be authorized in writing to have e authority to sign 15or and MU-thi—partnership. IV. SIMiAlUIES FOR CORPORATIONS Documents should a signed y two officers,one from each of the following two groups: GROUP 1. Naair of the Board ((b}}The President c Any Vice-President GROUP 2. a The Secretary b 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 suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JC:mw 1\PWS4LSH"J3ATA\GipDois\EnzSvc\Fonre\WORD FORWAL.L PURPOSE NOTARY.doe 06/19102 FATCO$42 8456 Tax Collector's Office NiEtiam J.Pollacsk 625 Court Street Contra County Treasurer-'Tax Collector Finance Building,Room 100 P.0.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 Date: 6/19/2002 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/MS# City T.R.A. 8456 BYRON 60047 Parcel#: 011-220-030-8 011-220-031-6 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 lienhas been paid in full. Our estimate of the 2002-2003 tax lien, which became a lien on the first day of January, 2002 is $38,200.00 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 icollector By: jjRIN IPAL ITLE C BPANY SURETY AMERICAN MOTORISTS Pacific/Bowie-Tracy 11, First American Title INSURANCE COMPANY Uy a enera artnership One Corporate Plaza, Second Floor 1355 Willow Way #100 7470 N. FIGUEROA ST. Newport Beach, CA 92660 Concord, CA 94520 LOS ANGELES, CA 90041 Attn: Stephen Bowie Attention— Sharon .zones Attention: Mike Cundiff PHONE: {949)760-8591 PHONE X925)356-7025 PHONE 323-•341-5472 File 718568 BOND #3SM 046 541 00BOND AGAINST TAXES PREMIUM $392.00 KNOW ALL MEN BY THESE PRESENTS: THAT Pacific/Bowie-Tracy 11, a California General Partnershipas principal and (Surety) AMERICAN MOTORISTS" 'INSURMC C . . . . ' , a corporation or- ganized and existing under the laws of the State of ' ' IttINOTS and authorized to transact surety business in California as surety are held and firmly bound unto the County of Contra Costa, State of California, in the penal sum of Thirty Nine Thousand, Two Hundred 00100---------- -------Dollars ($ 39,200,00------­- �-�-­­--) , to be paid to said County of Contra costa, for the payment of wbiclt will and truly be made, we and each of us bind ourselves, our heirs, executors, administractors and successors, jointly and severally, firmly by these presents. Sealed with our Seals and dated this 9th day of MAY 20 02 The conditions ofhe above obligation is such that WHEREAS, the above boundedprincipal s about to file a map entitled Subdivision. 8426 Parcel # 411- 20-030-8 011-220•-031-6 Byron, T.R..A. '60047 ' and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments col- lected as taxes, against the said tract of land covered by said map, which taxes and special assessments collected as taxes, are not as yet due or payable. NOW, THEREFORE, if the said Principal shall pay all of thre taxes and special assessments collect-ed as taxes which are a lien against said tract of land covered by said map, at the time of the filing of said' map of said tract, then this obligation shall be void and of no effect., otherwise it shall remain in full force and effect. Pacific/Bootie-Tracy II, a California' (Approval Stamp) General Partnership Pr pal ;SATE: �- BOND REVIEWED AND,AppROVED CONTRA COSTA COUNTY TREA U It ' ` ECTOR. BY: AMERICAN •MOTORISTS- INSURANCE COMPANY urety