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HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-762 4✓i j l THE BOARD OF SUPERVISORS OF CONTRA COSTA.COUNTY,CALIFORNIA Adopted this Resolution on December 17,2002 by the following vote: AYES: SUPERVISORS UILREMA, GERBER, DESAULNIER, GLOVER, AND GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/ 7 6 2 SUBJECT: Approve the Final leap and Subdivision Agreement for Subdivision 7632, being developed by Arbor Springs Partners,L.L.C.,Pacheco area. (District IV) The following documents were presented for Board approval this date: 1. Map The final map of Subdivision 7632, property located in the Pacheco area, Supervisorial District IV, said map having been certified by the proper officials. 11. Subdivision Agreement A subdivision agreement with Arbor Springs Partners, L.L.C., principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: BY.cw 0:\GrpDatalEngSve\BO\2002\12-17-02\SUB 7632 BO-21.doc Originator:Public Warks{ES} I hereby certify that this is a true and correct copy of an action Contact: Brian Yip(313-2178) taken and entered on the minutes of the Board of Supervisors on the date shown. cc: Public Works_T.Bell,Construction Currant Pismuiu�ng,Corm amity Development T—10-17-03 AtborSprings Parwa%I.t..C. ATTESTED: DECEMBER 17, 2002 Ann:Steve J.Furtado P.O.Box 1767 JOHN SWEETEN,Clerk of the Board of Supervisors and Martinez,CA 94553 County Administrator Gulf Insurance Company Attn:Jocelyn Y.Guist 110 West A Snaat,Suite 1805 San Diego,CA 92101 By --� ,Deputy RESOLUTION NO.2042/ 7 6 2 SUBJECT: Approve the Final Map and Subdivision Agreement for Subdivision 7632, being developed by Arbor Springs Partners, L.L.C.,Pacheco area. (District IV) DATE: December 17, 2002 PAGE 2 A. Cash Bond Performance amount: $2,317 Auditor's Deposit Permit No. 396157 Date:November 19,2002 Submitted by: Steve J. Furtado Construction and Development B. Surety Bond Bond Company: Gulf Insurance Company Bond Number: BE 2626267 Date: November 12,2002 Performance Amount: $229,383 Labor&Materials Amount: $115,850 Principal: Arbor Springs Partners,L.L.C. 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 2002-2003 tax lien has been paid in full and that the estimate of the supplemental tax lien is estimated to be $1,100, with security guaranteeing payment of said tax. lien as follows: • 'Tax Surety Assessors Deposit Permit Number: 396087 Date: November 18,2002 Amount: $1,100 Submitted by: Arbor Springs Partners,L.L.C. NOW, THEREFORE,THE FOLLOWING IS RESOLVED: I. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said 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 them 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. 2002/762 SUBDMSION AGREEMENT (Government Code§66462 and§66463) Subt€ivision: Sub 7632 Principal: Arbor Springs Partners,LLC Effeetive Date: [ . Completion Period: 1 year TH1 E SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: COl+t`rRA COSTA COUNTY PRINCIPAL Maurice M.Shia,Public Warks Director tw: EDF OVAL (x—arat0) Steve Furtado Ey: gin ervices Division FORM t3' APPRO D. Victor J.Westman Cour Counsel (NOTE: All signatures to be acknowledged. If Principal is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) i. Pt,RTIES&DATE. Effective on the above date,the County of Contra Costs,California,hereinaffror called"CDS "and the above-mentioned PrincZg mutually promise and agree as follows concerning this subdivision: 2. BeROVEW + S. Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights„ fire hy3lrants, landscaping and such other improvements (including appurtenant equipment) as required by the Conditions of Approval for this ' develof=ment and generally as shown on the improvement plans forthis subdivision as reviewed and on file with the Contra Costa County Public Works Depamient and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date herein as require'by the California Subdivision Map act(Oovernment Code§§66410 and following)in a good workmanlike manner,in accordance with accepted construston 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 'lict between the improvement plans and the County.Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SEC[TRITY. Upon executing this agreement,Principal shall,pursuant to(Government Code§66499 and the County Ordinan_,M Code,provide as security to the County: A. For Performance and(Guarantee: $2,317.00 cash,plus additional security,in the amount:$229,383.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of.- Cash, fCash,certified check or cashiers check. , X_Acceptable corporate surety bond. Acceptable irrevocable letter of credit, With this security,Principal guarantees performance under this agreement and maintenance of the work for one year after its completion and acceptan€>e against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount:$118,850.00,which is fifty percent(50%)of the estimated cost of the work. Such security is presented.in the form of: Cash„certified check,or cashier's check _ 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 famishing labor or materials o them or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount held as securities may be redu:ed in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Principal guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as-complete,in accordance with Article 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 private improvements,which are not to be accepted by the County. 5. PLANT ESTABLISHMENT WORK. Principal agrees to perform establishment work for landscaping installed under this agreement. Said planf establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the conditions of approval for the subdivision. If,at any time before the Board of Supervisors accepts the work as ctnplete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes may ie necessary to the plans to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comely with any of the terms and conditions hereof. 8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are County and County's special districts,elective and appointive boards, corafissions,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 actings defined below and including personal injury,death,property damage, inverse condemnation,or any combination of these and regardless of whetgier or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as complete and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agra;rnent and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepgred,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification coveting 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 all costs incurred by the County for services provided.This cost may include,but are not limited to:inspection,administration,engineering,construction and relocation of existing utilities. 10. SURVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS:If Principal fails to complete the work within the time specified in this agreement,and subsequent extetsions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demald. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agree:;;to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incoriorated 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 againA Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8(in emenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. 14. RIGHT OF ENTRY. Principal hereby consents to entry on the subdivision property and any other property affected by the Improvement Plans by County and County forces,including contractors,as may be necessary to ensure complete construction and/or maintenance. RUDA GAGrprao\En$Svcl$Yipt200215ub76321AO-30.dot CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT Stoo of /,V-�i. UI' ONAL SECTION Coxinty of_4, t t i2_.A_ Q.CEECA ,�r-�, �� { i CAPACITY CLAIMED BY SIGNER on, 1k • i 2_ ,befboeme,_ t 1 �_ b—'A' "CrogL4� 1 j fr. Though statute does not require the Notary to fill in DAT$ HAM,MIX OF OFFICER B•O,-JANE IXLIC the data below,doing so may prove invaluable to pemonaily appeared i-f'.V '• 1-tpersons relying on the document. NAWS)OF s ❑ INDIVIDUAL 0 �,msonally known tome-OR-❑ proved to me on the basis of satisfactory evidence to ❑ CORPORATE oFFICBR(S) be the on(s)whose name(s)is/are s) subs to the within instrument and acknowledged to me that helshelthey executed ❑ PARTNER(S) JOC1:L1'AI Y. QUIRT the same in his/her/their authorized ❑ LIMITED Commission#123026a the and that by his/herhheir ❑ GENERAL ❑ ATTORNEY-IN-FACT Public-Colifoxztia signature(s)on the instrument the person(s)or Contra Costa County the entity upon behalf of which the person(s) ❑ TRUSTEE(S) My Comm.Epl:'M Jul 30,2003 acted,executed the instrument. 17 GUARDIANICONSERVATOR �. ;Si OTHER:Mam;n4 r " WmESIGNER IS REPRESENTING: (NAME AP PERSON($)OR MM"(DM) SIONA NOTAR OPTIONAL SECTION 119;CERTIFICATE MUST BE ATTACHED Title or Type of Document To`ME DOCUMENT AT RIGHT. Number of Pages 11wigh the data below IS not mquhvd by law,it may prove valuable Date of Document to eons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above n -ftchment of this farm INSTRUCTIONS TO NOTARY The llowing information is provided in an effort to expedite processing of the documents. Sigmitures required on documents must comply with the following to be acceptable to Contra Costa County. L FOR -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be agned exactly as it is typed or printed. II. b'IGNAT>_ _FOR INDIVIDUALS.-The name must be signed exactly as it is printed or typed. The signer's interest in the property mug—be Stated. �. FOR S - Signing' party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. L)ocummts sliould be signed by two officers,one from each of the following two groups: GROUP 1, aa)Tho Chair of the Board t }The President Ca" Any Vice- President GROUP 2. a The Secretary An Assistant Secretary c The Chief Financial Officer The Assistant Treasurer If lig atures 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 ono grcup,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 Direa€ars." ins. {U'wS41SY u3rpDr418nRswfttrtylwORDPORMSIALLPURPOSE NOTARYA, CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of CALIFORNIA OPTIONAL SECTION Courty of CONTRA COSTA CAPACITY CLAIMED BY SIGNER C?n — r-2b02,before me, Though statute dote not require the Notary to fill In oA NAME, of oFPICERE Q,'JANE DOE,NOTARY PUBLIC" the data below,doing no may prove invaluable to persons relying on the document. pers zrally appeared STEVE FUBTADO _ NAr;ffi�s}OF sx�xBRls} INDIVIDUAL pisonaliy known to me-OR- proved to me on the basis of satisfactory evidence to CORPORATE OFFICER(S) be the person(s)whose names)is/are Tests) subscribed to the within instrument and acknowledged to me that WsheJthey executed PARTNER(S) LIMITED the some in his/her/their authorized GENERAL A. J. BOOTH capacity(ies),and that by his/her/their ATTORNEY-IN-FACT signature(s)on the instrument the person(s)or t:nj#1 the entity upon behalf instrument which the person(s) TRUSTS S &Dy FtX%r,ChS + GUARDIAN/CONSERVATOR �t STA C=NN: acted,executed the instrument. OTHER: COMRi.E7Q'' 2wd GS y hand d official seal,� SIGNER IS REPRESENTING: i NANM OF PMON('3)OR Farrar r(ms)l OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACKED Title or Type of Document TO`3"=iE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-soachment of this form INSTRUCTIONS TO NOTARY The fallowing information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR.ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signe exact y as it is typed or printed. II. 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 - Signing party must be either a general partner or be authorized in writing to have e au gn authority to sip or an m a partnership. IV. SIGNATURES FOR CORPORATIONS ocuments should a signed y two officers,one from each of the following two groups: GROUP 1. a The Chair of the Board b�The President (c Any Vice-President GROUP 2. Nc The Secretary An Assistant Secretary The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Boardof Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid f ower of attorney,notarized,will suffice. Notaration of only one corporate signature or signatures from only one group,must contain the following phrase: "...ante acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." 3c:mw e, 1.1En VdTormslwO"FORM\M-LIILTPOSENOTARY.dw i+ rw �! 141 .. GW 4 to 9 I }�y %$ t sitY IAit ` : 3 ., i&t ,� w a .�+rr-'�'r•. lot-to t ra tilt OL 0 jib r tL 111.41 ,AlI 1 � V _..�_� __- ! __ •_`lig 74iJ AM 1 12 r w f Q.W '� ► ►� lot sv � F �-n)ysxs -AL ,a.tpv ' �-w�ca•�res ���.�� tw-et).scu-t � $tn-++)..rtcz ap oil 11 ,�� .$A v a.t+t.a�erlr+ -•--"![=rR.'�,>: R.io.�s. �- �`K:ro`,rrsa+ 1 i 1 f �m d��C����006 /�C- �� •.iy.71��F All x to a„ .r c0 �1 a. 1 MD VS It r r t iA t t Lrc top � � . '71it t- L� rp 10 6t �. v -✓ 1 04 ce- 1*4 t i t\rt $ U A7.S lS II ' AA pav VIA TIS -� •�S r...r�' � 00 gi OO Qw �r to �S 04 CL 64K ffi c talu R r4 Ila 10 to I r M EK f . Sao" w pieY ca ,sx o x off. uo to Q 0 ��:a _ __-- Ig (wv k 1 1 'n Ril IL to _43 __-- L sdoK : I + ! * 133W Xw LV1it YI i V'1 5.r'VIYIRri i.Vii!/1 �,, .....o- DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVEDFROM ORGANIZATION NUMBER _ / iorge" +i (For Cash Collection Procedures sea County Administrator's Bulletin 105.) DESCRIPTIONFUND/C1RCs TC SUIL TASK ORTION ACTIVITY AMOUNT $ 4 LEI: C V (tLl t i G rf Xg r � ` >� L l a C c U . 8 11 I EXP TION: e r r . TOTAL ' $ F C DEPOSIT 6 r 116 VYJ _ (7 Yea 0i 1755 .j Deposit consists of following Aenu -� COt 4F rw CURRENCY $ y ) C_4tKCK�N.O:,ETC. $ 1 p DEPOSITS $ FOR AUDITOR-CONTROLLER USE OMY DEPOSIT e a f �-�. PERMIT DP U C.} �( NUMBER (� DATE 39157 t�f _ ASSIGNED The amount`of money deAribed above is for Treasurer's receipt of above amount is opproved. Receipt of above amount is hereby depose into County T�urY. acIa av+ledged. �`. Signed:-E�-� DateJf��11.L1_,. 4.-r""..'..- g �,ct Tide lV'LEXT. Deputy Auditor " )Deputy CountyTreasurer D-34 REV.V,," ly-` 1 � Zlr s tl 000649-9665 / 831000: G1107898, OW.00, RS 2725 Record of Survey Map Check Fee, Virgil Chavez Land Surveying, 312 Georgia Street, Suite 225, Vallejo, CA 94590 000649-9665 / 831000: G1107899, M.00, RS 2726 Record of Survey Map Check Fee, Jane Baker Lang & Jeffrey R. Lang, 1047 Noel Drive, #2, Menlo Park, CA 94025 000649-9665 / 831000: G1107900, ';100.00, RS 2727 Record of Survey Map Check Fee, Kirk & Carolyn boberenz, 2061 Pebble Drive, Alamo, CA 94507 000649-9665 / 831000: G1108954, $1,000.00, SUB 7632 Map Check Fee, Steve J. Furtado Construction & Development, PO Box 1767, Martinez, CA 94553 000649-9665 / 831000: G1108955, Steve J. Furtado Construction & Development, PO Box 1767, Martinez, CA 94553 $ 7.284.00, SUB 7632 Improvement Plan Review $13,500.00, SUB 7632 Inspection Fee Deposit 819800-0800: G1108952, 2 317.00, SUB 7632 Cash Performance Bond, Steve J. Furtado Construction & Development, PO Box 1767, Martinez, CA 94553 Subdivision: 7632 Bond No.: RF,262 267 IMPROVEMENT SECURITY BUND FOR SUBDIVISION 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 7632, 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. OBLIGATION: Arbor Springs Partners as principal and Gulf Insurance Company,a corporation organized and existing under the laws of the State of Connecticut 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: Two hundred twenty nine thousand three hundred eighty three and 00/100 Dollars($229,383.00)for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: One hundred fifteen thousand eight hundred fifty and 00/100 Dollars ($115,850.00)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. CONDITION: A. The Condition of this obligation as to Section(2.A:)above is such that ifthe 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 (2.13.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact amount thereof, reasonable costs, expenses and fees, including reasonable attorney's fees, incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of 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 force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee)shall relieve the surety from liability on this bond;and consent is hereby given to make such alteration without further notice to or consent by the surety; and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. SIGNED AND SEALED on 11-12-02 PxrNQPAL: Arbor Springs Partners LLC SURETY: Gulf Insurance Company Address: P. 0. Box 1767 Address: 110 West A Street, Suite 1805 City: ;;Martinez Zip: 94553 City: San Diego Zip: 92101 Print Name: Steve J. Furtado Print Name: Jocelyn Y. Quirt Title: Managing Member Title: Attorney-in-Fact GULF INSURANCE COMPANY HARTFORD, CONNECTICUT POWER OF ATTORNEY ORIGNALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KN(3W ALL MEN BY THESE PRESENTS:That the Gulf Insurance company,a corporation duly organized under the laws of the State of Connecticut,having its prscipal office In the city of Irving,Texas,pursuant to the following resolution,adopted by the Finance& Executive Committee of the Board of Directors of the paid Company on the 10th day of August, 1993,to wit: °RE3©LVED,that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make,execute and deliver a Power of Attorney constituting as Attorney-in-Fact,such persons,firms,or corporations as may be selected from time to time;and any such Attorney-in-Fact may b�removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED,that nothing in this Power of Attorney shall be construed as a grant of authority to the attorney(s)-in-fact to sign,execute,acknowledge,deliver or oth>?rwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. REIWLVED,that the signature of the President,Executive Vice President or any Senior Vice President,and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal s#all be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf In:surance Company does hereby make,constitute and appoint Frank R Olsson Gordon.J.Fischer Jocelyn Y.Quirt its truf.and lawful attorney(s)-in-fact;with full power and authority hereby conferred in its name, place and stead,to sign,execute,acknowledge and deiiver in its behalf, as surety, any and all bonds and undertakings of suretyship,and to bind Gulf insurance Company thereby as fully and to the same extent as if any bolds,undertakings and documents relating to such bonds and/or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and allthe acts of said attorneys)-in-fact,pursuant to the authority herein given,are hereby ratified and confirmed. The obligation of the Company shall not exceed five million(5,000,000)dollars. IN WITNESS WHEREOF,the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and Its Corporate Seal to be hereto affixed. 4�0\URANCp GULF INSURANCE Ct11432'ANY ORgT� SEAL ° STXtE,OF NEW YORK � Ss '������ Lawrence P.Miniter COUNTY OF NEW YORK Executive Vice President On lfi Is 1st day of October, AD 2001, before me came Lawrence P. Minster,known to me personally who being by me duly sworn, did depose and say: that he'Yesides In the County of Bergen,State of New Jersey;that he Is the Executive Vice President of the Gulf Insurance Company,the corporation described In and Which executed the above Instrument;that he knows the seal of said corporation;that the seal affixed to the said instruments is such corporate seal; that It Was so affixed by order of the Board of Directors of sold corporation and that he signed his name,thereto by like order. ?GTS o ANGIE MAHABIR-BRGAZO STATE OF NEWYORK SS �B0 y� Notary Public,State of New York COUNTY OF NEVI YORK OP N� Nft°d in Kings C s {�ualiffed in Kings County Commission Expires February 16,2003 1,the undersigned,Senlor Vice President of the Gulf insurance Company,a Connecticut Corporation,DO HEREBY CERTIFY that the foregoing and attached POWE4:OF ATTORNEY remains in full force. 1�� ca hated the 12th day of November '2002 Signed and Seated at the City of New York. SEAL. George Biancardi Senior Vice President CALIFORNIA ALL.-PURPOSE ACKNOWLEDGMENT No.$907 State of CALIFORNIA County of CONTRA COSTA On 11-12_02 before me, U A.Atwater,Notary Public , DATE NAM, OF OFMER-E.G.,`JANE ME,NOTARY PUBW personally appeared JOCL Y DIRT NAME(S)OF SIGNER(S) personally known to me-OR- [l proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Is/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/herAheir authorized capacityges), and that by his/herAhelr signature(s) on the Instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. rnnrw��ir�,� M. A. hrwArl WITNESS my hand and official seal. m Comisslon#1216926 on,' Notary Public-CollforntoContra Costa County MyCa►trrLC)eClt}, SIGNATURE OFNOTARY 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 TITLE OR TYPE OF DOCUMENT ME(s) PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAWCONSERVATOR NUMBER OF PAGES OTHER: SIGNER IS REPRESENTING. DATE OF DOCUMENT NAME OF MRSON(S)OR E:NTITYQW) GULF INSURANCE COMPANY SIGNER(S) OTHER THAN NAMED ABOVE S-40871'CGEEF 2/93 O 1993 NATIONW NOTARY AssociAroN•em R ummaf Ave.,P.O.smc 7184-canoga Park CA 94549-7184 CALIFORNIA. ALL-PURPOSE ACKNOWLEDGEMENT State of C'.ATsTFnRNTA OPTIONAL SECTION Cou"ty of_ _ CnI+TTgA CnSTA CAPACITY CLAIMED BY SIGNER On 12-4-2008 before me,A-.T_BO(yM_ igtYPARv P I 7(' Though statute does not require the Notary to fill in DATE NAME,lME F OFFI .G� E.NOTARY PUBLIC' the data below,doing so may prove invaluable to perslally appeared S 7 J.FIIBTAIXI persons relying on the document. NAME(s)OF SIGNER(S) INDIVIDUAL personally known to me-OR- proved to me on the basis of satisfactory evidence to CORPORATE OFFICER(S) be the person(s)whose name(s)is/am TITLE(s) subscribed to the within instrument and +� A. Jt:CXWVA BOOTH acknowledged to me that he/she/they executed PARTNERS) LIMITED COr 1:" the same in his/her/their authorized GENERAL OTARYc_cAupoRttLl capacity{fes},and that by his/her/their ATTORNEY-IN-FACT CONTRA signature(s)on the instrument the person(s)or the entity upon behalf of which the person(s) TRUSTEES} © JUNE C04% acted,executed the instrument. C3LIARDIAN/CONSERVATOR OTHER: VaINESS-my_Iand and official seal, SIGNER IS REPRESENTING: (NAME OF PERSONS)OR ENTITY(IPS)) SIGNATURE OF NOTARY OPTIONAL SECTION THIS,CERTIFICATE MUST BE ATTACKED Title or Type of Document TO T iE DOCUMENT AT RIGHT. Number of Pages Tholkth the data below is not required by law;it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-azachment of this form INSTRUCTIONS TO NOTARY The flowing information is provided in an effort to expedite processing of the documents. Signdtures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must b7e Signe exact y as it is typed or printed. II. 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 - Signing party must be either a general partner or be authorized in writing to have e au onty to sign for anIn a partnership. IV. SIGNATURES FOR CORPORATIONS Documents sEould be signs y two RE kers,one from each of the following two groups: GROUP 1. �a)The Chair of the Board The President Any Vice-President GROUP 2. a The Secretary b An Assistant Secretary c The Chief Financial Officer The Assistant Treasurer If sig#atures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Boar(fof 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: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or.a resolution of its Board of Direct:)rs." IC:MW SvcVPa"nAWORD FORMS\AL,L PURPOSE NOTARY.doe 11/18/02 CHICAGO}$27 7632 Tax Collector's office Aiilam J.Poilaceh 625 Cov Street Contra County Treasurer-Tau Collector Finance Building,Room 100 P.O.BOX,631 jj"^` } Joseph L.Martiner Martinez' +tlar#inea California 94553_ Lr� LCI Assistant Tax Collector 0063 (925)64-:4122 County Joslyn Mitchell (925)6 -4135 FAX `'I Tax Operations Supervisor f r Date. 11/18/2002 IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2002, THIS LETTER IS VOID This will certify that I have examined the map of the proposed subdivision entitled: Tract 1 MS# Cl!y T.R.A. 7632 PACHECO 79022 Parcel#: 125-080-003-9 125-080-013-1 126-080-014-9 125480-015-6 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 2402-2003 tax lien has been paid in full. Our estimate of the supplemental tax lien is $1,100.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to,calculate a segregation is Tha amount calculated is void 30 days from the date of this letter. St bdivision bond must be presented to the County Tax Collector for review and approval of a .equacy of security prior to ding with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasurer-Tax gollelctor By: COUNTY OF CONTRA COSTA DEPOSIT PERMIT" (_)CE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM # ORGANIZATION NUMBER k (For Cash Collection Procedures see County AcIrninistrator's Bulletin 105.) DESCRIPTION FUND/ORG. ACCT. TASK OPTION ACTPATY AMOUNT t t t t t 1 t t f t 1 t t s t t t 1 i t t } 1 1 1 t i t 1 1 i I t i EXPLANT}TION: TOTAL $ t . DEPOSIT 1 ( t• ti=G _. Deposit consists of the fallowing items G . Cl :; ! ,'? ?G CONN and CURRENCY $ '�% CHECKS,hAaD,ETC $ STEVEN J. FURTADO BANK DEPOSITS $ — -- CONSTRUCTION FOR AUDr'TOR-CONTROLLER USE ONLY P.O. BOX 1767 DEPOSIT MARTINEZ CA. 94553 NUMBERESP DATE 1 ASSIGNED The amount of money described above is for Treasur_r's-receipt of 46 ks #is approved. Receipt of above amount is hereby rosit into the Count s y Treasur Y t d acknowledged. Signed,'_ Date Signed: yic k...-" Sim: Title. EXT Deputy County Audikx Deputy County Treasum-r Dad REV.( -93)