HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-530 t
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on September 10, 2002,by the following vote:
AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO.2002/530
SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 3-00,
being developed by Gene R. Schmidt, Inc., Alamo area. (District M)
The following documents were presented for Board approval this date:
I. Map
The parcel map of Subdivision IVIS 3-00, 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 Gene R. Schmidt, 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.
origlnat+x:Public works(ES)
Contact; Chris Lan(913-2293)
Mew
o:ifhpDatalEng$vc\BO\2002\9-10.02\MS 3-00 Bo-2 Ldoc ATTESTED: September 10, 2002
Public works-T.Ben,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and
cc: Current Planning,ComtnuoityDeveloptnent County Administrator
T—6106/03
Gene R.Scbrmdt,Inc.
940 Reliez Station Lane
Lafayettte,CA 94549 By ,Deputy
Developers Surety and Inderrmity Convany
3100 oak Road,Suite#260
Walnut Creek,CA 94596
Attn:John Maley
RESOLUTION NO.2002/. 5 3 0
SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision
MS 3-00 being developed by Gene R. Schmidt, Inc.,Alamo area. (District III)
DATE: September 10, 2002
PAGE: 2
A. Cash Bond.
Performance amount: $2,000
Auditor's Deposit Permit No. 389103 Date: June 28,2002
Submitted by: Gene R. Schmidt,Inc.
Tax ID Number: 68-0446295
B. Surety Bond
Bond Company: Developers Surety and Indemnity Company
Bond Number: 8678565 Date: June 17, 2002
Performance Amount: $196,000
Labor&Materials Amount: $99,000
Principal: Gene R. Schmidt, Inc.
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$27,300,with security guaranteeing payment
of said tax lien as follows:
• Tax Surety
Cash Bond
Auditor's Deposit Permit Number: 388421 Date: June 19, 2002
Amount: $27,300
Principal: Gene R. Schmidt, 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 parcel map is APPROVED and this Board does not accept or reject on
behalf of the public any of the streets, paths, or easements shown thereon as
dedicated to public use.
3. That said subdivision agreement is also APPROVED.
All deposit permits are on file with the Public Works Department.
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SUBDIVISION AGREEMENT
(Government Code§66462 and§66463)
Subd vision: —_fts 0 rOW3 Principal:
Effecvlve Date: < i 101 -c— Completion Period: 1 year
TIIEt E SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
COMMA COSTA COUNTY PRINCIPAL
Maur# e M Shiu,Public Works Director
r
r.
By: f-AA� v (Signature)
(Print tit } - -.. -
RECCMMENDED FOR APPROVAI, �► R pts ,
B (Signature) .
ineeringrvs Seis (Prncnarne le)
FORT`;` APPROVED: Victor J.Westman,County Counsel (NOT signatures to be acknowledged. If Principal is incorporated,
signs must conform with the designated representative groups pursuant to
Corporations Code§313.)
1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Coon "and the above-mentioned
PrinciF ,mutually promise and agree as follows concerning this subdivision:
2. LNMPOVEMENTS. Principal agrees to install certain mad improvements(both public and private),drainage improvements,signs,street lights,
fire hyt:lrants,landscaping and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as
review,,,-d and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code
(inclWing future amendments thereto).
Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof, as
require.3 by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlike manner,in accordance with accepted
constrv..ction 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 cor.,flict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County
Ordin ice.Code,provide as security to the County:
A. For Performance and Qj $ ( cash,plus additional security,in the amount:$ i�rl
which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form ofT
Cash,certified check or cashiers check.
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
acceptziice against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount:$ J. which is fifty percent(50%)of the estimated cost of the work.
Such se.urity 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
material.3 to them or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount
securiti>s may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
4. QUARANM AND WAMANTY OF WO-RM. Principal guarantees that said work shall be free from defects in material orworkmanship and
shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with Article
96-4.t,"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. P1, 1T LST LISHMENT WORD. Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant
establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work
deterined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a
period oTone(1)year from and after the Board of Supervisors accepts the work as complete.
b. 1 IMPRO Via MENT;FLAN W-A_H�?ANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work as
prof it td in Section 2 and as required by the conditions of approval for the subdivision. If,at anytime 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
neces_iMy to the plans to accomplish the work as promised.
7. V}W A,iEt B Y C.0 . Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or
emplo,ee 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
ofsaid>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
agreem,ent as prersbribed;.n&ghlalf County'§e tiieretiy sfopped from bringing any action against Principal for damages arising from the failure to comply
with m y of the terms and conditions hereof:
8, INI E MY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The irjd�tic benefited and protected by this promise are County and County's special district,elective and appointive boards,
commissions,officers,agents and`eiritiloyees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of
actionsdefined below and including personal injury,death,property damage,inverse condemnation,or any combination of these and regardless ofwhether
or not ditch liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as complete and
ineludiig the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims.
C. The eons causing i'abl iE are any act or omission(negligent or non-negligent)in connection with the matters covered by this
Agreetr ent and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Dion-condjtions: 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
coveri.4 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 costs of the work,including inspections thereof and relocation of existing utilities required
thereby,
10. �_ LYS Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road
Comore:,,sioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NO REMEMANU AND CO TS:If Principal fails to complete the work within the time specified in this agreement,and subsequent
extensirOnsr,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 cosh::and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon
deman
Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds
to comb€ete 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
subsequ<ntly 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 tpay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequentlyproceeds to
complete:the work.
12. UJCQRPORAM{)N/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory
incorpon ted 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(.,f 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
(Indernerity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation.
13. 11817 MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision.
Rrwrmsaaa .
GAGrpDat",:tVSwWom \AOwORMA13-30.doc
Rev.October 23,2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
tate of - OPTIONAL SECTION
county,of CAPACITY CLAIMED BY SIGNER
t n /OZ before me, "0 rleHi Though statute does not require the Notary to till In
DATE NAME TtTt E OPO S.O,'JAM nos,NOTARY P taco the data below,doing so may prove invaluable to
rsonall red persons relying on the document.
I,t y appeared -i_. It
MR(S) ortsx(s)
OF 0 INDIVIDUAL
0 personally known to me-OR-0 proved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S)
be the persons)whose name(s)is/are Tin s(s)
subscribed to the within instrument and
acknowledged to me that he/she/they executed 0 PARTNER(S) 0 LIMITED
-^
- the same in his/her/their authorized 0 GENERAL
M. BONETTI capacity(ies),and that by his/her/their 0 ATTORNEY-IN-FACT
s� comm.Is 126U55 signature(s)on the insttument the persan(s)or O TRUSTEES)
NOTARY PUKIC-CAUFORNIA C) the entity upon behalf of which the person(s) 0 GUARDIAN/CONSERVATOR
r CONTRA COSTA COUNTY A acted,executed the instrument,
0 OTHER:
COMM,EXP.FEB 13 WITNESS my band and official seal,
SIGNER IS REPRESENTING:
/ d 1
(NAME OF PERSON(S)OR ENTrrY(iMS))
SIGNATURE OFOfARY —
OPTIONAL SECTION
TIsIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Thsaugh the data below is not required by law,it may prove valuable Date of Document
to ,ie)Mona relying on the document and could prevent fraudulent Signet(s)Other Than Named Above
Mg ittachment of this form
INSTRUCTIONS TO NOTARY
The1ollowing information is provided in an effort to expedite processing of the documents.
Sigt atuures required on documents must courtly with the following to be acceptable to Contra Costa County.
1. EQR ALL S1GTATUttES -The name and interest of the signer should be typed or printed BENEATH the signature. The
name must be signed exactly as it is typed or printed.
11. SLqNAj=FOR INDI R)UAIS-The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be .
III. SLQN411= FOR PAR SHIPS - Signing party must be either a general partner or be authorized in writing to have
the authority to sign for an un the partnership.
IV. SIG�TA FOR=PRAT-10-49 should be signed by two officers,one from each of the following two groups:
GROUP 1. Ma The Chair of`the Board
The President
Any Vice-President
GROUP 2. a The Secretary
DAn Assistant Secretary
ODThe Chief Financial Officer
The Assistant Treasurer
If sig natures 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::Dower of attorney,notarized,will suffice,
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Direcl,ore."
rc:mw
\tE'W&el MhR1)ATA\QVDat\BWvcTonr&\WORA FORb MAIX PURPOSE NOTARY,&c
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT �W
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER. MARTINEZ,CALIFORNIA
RECEIVED fROM
ORGANIZATION NUMBER
t tom+}
(For Cash Collection Procedures see County Administrator's BuDetin 105.)
DESCRIPTION FUND/ORGL SUIL TASKTION ACTMTY AMOUNT
Vag
4,
If NEE
o Ua3�
r '
OC)
E
Ji
;XPLANATI�}N: TOTAL
' L2.M
L DEPOSITVr
i
// � Deposit consists of the foloM iters r
,r ! � tJ" 17 COIN and CURRENCY $
Cl 1O 53q3j CHECKS,Mak,ETC
_ BANK DEPOSITS $
FOR AUNTOR-CONTROLLER USE C"Y
C-7 62 DEPOSIT
PERMIT DPNUMBER .
102
DATE
ASSIGNED
the amount o€.roerey described above is for Treasurer's nxeipt of above oTqsnq is approved Receipt of aboveomour3l is hereby
deposit rt}o the County,#vasury. acigne ✓
4
� Dgte_p3 n 7
r Signed:
isle ' r. �.� XT. �' Deputy County Auditor
Deputy County Tveasuror
34 REV.(7-93) r y
919 800: G1093435, $2,000.00, MS 3-00 Performance Cash Bond,
Gene R. Schmidt, Inc., 940 Reliez Station Lane, Lafayette, CA 94549
000648-9140 / 112200: G1093437, 2138.00, MS 3-00 Drainage
Mitigation, Gene R. Schmidt, Inc., 940 Reliez Station Lane, Lafayette, CA
94549
000649-9665 / 331000: G1093440, $12.410.00, MS 3-00 Minor Sub
Inspection Fee, Gene R. Schmidt, Inc., 940 Reliez Station Lane, Lafayette,
CA 94549
000649-9665 / 831000: G1093442, $1,000.00, M5 3-00 Improvement Plan
Review, Gene R. Schmidt, Inc., 940 Reliez Station Lane, Lafayette, CA
94549
PREMIUM IS BASED ON FINAL CONTRACT AMOUNT
Subdivision: MS-00-0003
Bond No.: 867856S
PREMIUM $2,352.00
ImPRovEMENT SEcvRrry BOND
FOR SUBDMSION AGREEMENT
(Performance, Guarantee and Payment)
(California Government Code §§ 66499- 66499.10)
1. RECITAL OF SUBDIVISION AGREEMENT: The developer(principal)has executed a subdivision agreement
with the County of Contra Costa to install and pay for street, drainage and other improvements in
Subdivision MS-00-0003 .as specified in the subdivision agreement and to complete said work within
the time specified for completion in the subdivision agreement all in accordance with State and local laws
and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said
subdivision.
2. 00LIGA`I'ION• Gene R. Schmidt, Inc. as principal and
Developers Surety and Indemnity Company . a corporation organized and
existing under the laws.ofthe State of Iowa and authorized to transact surety
business in California,,as surety, hereby jointly and severally bind ourselves, our heirs, executors,
administrators,successors and assigns to the County.of Contra Costa, California to pay.as follows:
A. Performance and Guarantee: One 'Hundred Ninety Six Thousand and 00/100----------
Dollars($196,000.00--- ----------- ) for Contra Costa County or any city assignee under
the above County Subdivision Agreement.
B. Payment: Ninety Nine Thousand and 00/100-------------------------------- Dollars
(S-2929-2, .00000------___-_ _ --1-to secure the claims to which reference is made in Title XV
(commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of
California.
3. QmITION:
A. The Condition of this obligation as to Section(2.A..)above is such that if the above bonded principal,
or principal's heirs,executors,administrators, successors or assigns,shall in all things stand to and
abide by and well and truly keep and perform the covenants,conditions and provisions in the said
agreement and any alteration thereof made as therein provided, on it or its part, to be kept and
performed at the time and in the manner therein specified and in all respects according to their true
intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city
assignee) its officers, agents and employees,as therein stipulated, then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred
by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,all to be
taxed as costs and included in any judgement rendered.
B. The condition of this obligation, as to Section (2.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
furnished, labor of any land, 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 successfWly enforcing such obligation,
to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement
therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
3082)of Part 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 forx%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..
on June 17, -2002
PRYl`€= IPA .: Gene R. Schmidt, Inc. SURETY:Developers Surety and Indemnity Cosa-pan
AddrSyss: 940 Reliez Station Lane Address: 3100 Oak Road, Suite #260
City: L ap tte Zip: 9„X549 City: Walnut Creek ,Zip: 94596
By. 19 By:
Print Namk: Dale
Title . Title: Attorney-in-Fact
O:\GMDusi\EagSw%Fonr.ASN WORMBN-12,doc
Rev.November 23.2000
STATE OF California
SS.
}
COUNTY OF Contra Costa
>f:
(iii June 17,2002 before me, M.Cardona,Notary Public
PERSONALLY APPEARED Gene R.Schmidt
personally knownn to me(wa"v&4 is ople"oil gore 603is
.ai-Wo-a r.oo.to be the persons whose.name is p'subscribed to the
within instrument and ac owtedged to me that hel executed
the same in hWOPWIPauthorized capacitytj' ,andthat by Id.vhVAhW
signatureKon the instrument the person( or the entity,upon behalf
of which the persono?acted, executed the instrument. siONE
10Commissiona►a#1341i01d
WITNESS my hand and oy1cial seat. N Contra ala
MyComm.E'�o M MW20,
Signatu
M.Cardone This area,for Uncial 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 Improvement Security Bond
President TITLE OF TYPE OF DOCUMENT
TITLE(S)
C
PARTNER(S) CD LIMITED
GENERAL One(01)Double Sided
C ATTORNEY•IWFACT NUMBER OF PAGES
El TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
�] OTHER: June 17,2002
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENMY(IES)
Gene R.Schmidt, Inc.
NIA
SIGNERJSj OTHER THAN NAMED ABOVE
�D• X32(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF California
SS.
COUNTY OF Contra Costa
On June 17,2002 before me, M.Cardona,Notary Public
PERSONALLY APPE:`AREI) John Daley
personally known to me
.#videnrrr.Io be the person(lOwhose namee is Psubrcribed to the
within instrument and acknvwledhred to me that helsk�executed
the some in hi.v1pWMr authorized capacityot%y,and that by hi&h�
signature on the instrument the person„r!or, the entity upon behalf M. �
of which the person{pf acted CA executed the instrument. _ Co n 0 134901
" Nottty Pabllo-C&I%rols
WITNESS my harm and ofcial seal. Comm Costs
ibiy Coer>r»�
Signature
M.Cardone This area for t7flicial 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 No.8678565
TITLE OF TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL One(01)Double Sided
IBJ AT'T'ORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER: June 17,2002
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
Developers Surety and Indemnity Company
N/A
SIGNERS OTHER THAN NAMED ABOVE
ID (REV.5101) ALL-PURPOSE ACKNOWLEDGEMENT
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725,IRVINE,CA 92623•(949)263-3300
KNOV, ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA,do each,hereby make,constitute and appoint:
***' 7arnes E. Stark, Jahn Galey, M.R. Prenger, C. Smith, Lin Barnett, jointly or severally ***
as their>rue and lawful Attorneys)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts
of suregship giving and granting unto said Attorneys)-in-Fact full power and authority to do and to perform every_actnecessary, requisite or proper to be done in
connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said
Attorne>(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed.
This Pi=#er of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVEI< PERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000:
RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute
Powers r>f Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretvship.
and that<?he Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and
any such,Power of Attorney or certificate hearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to
any boots,undertaking or contract of suretyship to which it is attached.
IN WITFIESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these
presents so be signed by their respective Executive Vice President and attested by their respective Secretary this 8`"day of January,2002.
AND ?ANY
{,.r
By �
Davie H.Rhodes,Executive Vice President Et?OR � FZ S �y �?,f OF�f
t> , OCT.� :macre: 10 - � OCT.5 '^
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By Waite,A.Crowell. Secretary �'-fy�...JpW i...,. <tFot�ty4�
STATE O<=CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On January 8,2002,before me,Antonio Alvarado,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on
the basis c11 satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their
authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the nersons acted_executed the instrument_
WITNESS my hand and official seal. ANTONIO ALVARADO
COMM.#1390303 �
A, Notary Public-Cailfomla �
Is, ORANGE COUNTY S
Signature._ V My Comm.Expires APRIL 10,2005
CERTIFICATE
he undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,
does hereb certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the .
respective Ioards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate.
fits Certificate is executed in the City of Irvine,California,the ?t _day of 2002
LA
By .
David G'.,Lane,Chief Operating Officer
ID-1380(91;02)
u.x.....
1 NO AM. 6/19/02
;J' 00-0003
Tax Collector's Office William J.Pollacek
625 G-3urt Street Contra County Treasurer-Tax Collector
Finance Building, Roam 100
P.0.€3ox 6314 �``ry Joseph L.Martinez
Martin z,Calffornia 94553- Costa Assistant Tax Collector
0063 . '
(925)646-4122 Co u n�i.�/ Joslyn Mitchell
(925)X46-4135 FAX 11 Tax Operations Supervisor
Date: 6/19/2002
IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR
vOLLECTION (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.
00-0003 ALAMO 66047
Farce!#: 192-210-012-6
a7d have determined from the official tax records that there are no unpaid County taxes heretofore
Dried on the property included in the map.
The 2001-2002 tax lien has been paid in full. Our estimate of the 2002-2003 tax lien, which
bi�came a lien on the first day of January, 2002 is $27,300.00
This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal
to talculate a segregation is
Th,9 amount calculated is void 30 days from the date of this letter.
S���division bond must be presented to the County Tax Collector for review and approval of
adequacy of security prior to ding with the Clerk of the Board of Supervisors.
WILLIAM J. POLLACEK,
Treasu er-Tax C Ile t r
By:
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
ICE OF COUNTY AUDITOR-CONTROLLER
TO THE-TREASURER: MARTINEZ,CALIFORNIA
RECEIVT
ORGANIZATION NUMBER
(For Cash Collection Procedures sae County Administrator's Bulletin 105,)
DESCRIPTION RWORa A� TASK OPTK)N ACTIVITY A Vk0UNT
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EXPLANATION: TOTALS t
DEPOSIT :o)sdt�
0c) - Deposit consists of the following iterns
f COIN and CURRENCY $
"'` ` •,• • ••. CHECKS,M CX ETC. 3
BANK DEPOSITS $
GENE R. SCHMIDT FCIR AUDrrO t-CONTRCrUER USE OW
940 RELIEZ STATION Rd. DEPOSIT
LAAYE77E CA. 94549 PERMIT DP
925-932-2202 NUMBER ~r
--- t tc�T(l OAV TAyl=p GNEc�23842 1 J IN' 12
The amount cad;money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hnrerby
Vito the CTreasury" ock-nowWged.
7
S;W-d: Signed-
Title. ` EXT. Deput County= for Deputy Count?'Troasurer
D-34 REV.(7-93)