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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-027 i� THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on January 14,2003,by the following vote: AYES: SUPERVISORS GIOIA, UIUU M2 GERBER, GLOVER, AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2003/ 27 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8646,being developed by Western Pacific Housing, Inc., San Ramon(Dougherty Valley) area. (District III) The following documents were presented for Board approval this date: L Map The final map of Subdivision 8646,property located in the San Ramon(Dougherty Valley)area, Supervisorial District III,said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Western Pacific Housing,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 G.\Gr.1(3tpDaffi\Eng5vc1BO12002\I-14on the date shown. 03�Svb 9645 BO-21.doc -i Originator.Public Works(M Contact: T.Rie(313-2363) ATTESTED:_ JANUARY 14, 2003 cc: Public Works s T.Bell,Construction JOIN SWEETEN,Clerk of the Board of Supervisors and T-110-17-03 nt Planning,com�niry De�el°rr`re°t County Administrator Western Pacific Housing,Inc. 6659 Owens Drive Pleasanton,CA 94589 Atm:Bruce Brennan By Deputy Saflwro Insurance Company of America J 2055 Sugarloaf Circle Duluth,GA 30097 Atm:Kimberly A.Tavernier RESOLUTION NO.2003/27 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8645, being developed by Western Pacific Housing,Inc., San Ramon(Dougherty Valley) area. (District III) DATE: January 14,2003 PAGE 2 A. Cash Bond Performance amount: $12,900 Auditor's Deposit Permit No. 395897 Date: November 13,2002 Submitted by: Western Pacific Housing,Inc. Tax ID Number: 95-4879556 B. Surety Bond Bond Company: Safeco Insurance Company of America Bond Number: 6187284 Date: November 5,2002 Performance Amount: $1,271,000 Labor&Materials Amount: $641,950. Principal: Western Pacific Housing, Inc. M. Tax Letter The letter from the County Tax Collector stating that there are no unpaid County taxes was valid through December 31,2002.Western Pacific Housing shall obtain an updated tax letter indicating the status of any tax liens against this property for the remainder of 2002-2003 tax year and provide security,if required,within 20 days of this date. 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. 4. The Public Works Director is directed to hold recordation of the Final Map until such time as the updated tax letter and necessary security is submitted by Western Pacific Housing to the Public Works Department.If the tax letter is not submitted to the Public Works Department within 20 days,then the Public Works Director shall bring the approval of the Final.Map back to this Board for recision. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/27 SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivision: SUB 8646( Principal: WF,a t c r n par i f i C N n i r i n o T n n Effective Date: Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY PRINCIPAL_ Maurice M.Shiu,Public Works Director k L By: csis-) RECOMMENDED FOR APPROVAL By: {Si�atun) Engineering Servf s vision (Prim no=&titre) FORM APPROVED: Victor T.Westman,County Counsel (NOTE: All signatures to be acknowledged. If Principal is incorporated, signatures 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" un "and the above-�metttioned PrinciRal,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping and such other improvements(including appurtenant equipment)as requited by the Conditions of Approval for this development ' and generally as shown on the improvement plans for this subdivision as reviewed and on file with the Centra Costa County Public Works Dint 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 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 Code,the stricter requirements shall govern. 3. W-PROVEMENT SECURITY. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee• $ 12.900.00 cash,plus additional security,in the amount:$_1,271,000.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. , Acceptable irrevocable letter of credit. With this security,Principal guarantees performance under this agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For PayMgnt: Security in the amount:$ 641,950.00 ,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 X 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 held as securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. ,� CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT / State of Z 4V�0AV_N TOOPTIONAL SECTION County of t/ CAPACITY CLAIMED BY SINNER On ^7' ,before me, AgMn1 Rf L fei.1dfg_M(f 6: A111 Though statute does not require the Notary to fill in DATE NAME,TITLE OF OFFICER E.G.,')ANWOE.NOTARY PUBLIC' the data below,doing so may prove Invaluable to personally appeared epb A. ( persons relying on the document. NAME(S)OF SIGNER(S) r INDIVIDUAL personally known to me,and acknowledged to me that such corporation executed the within CORPORATE OFFICER(S) instrument pursuant to its by-laws or a resolution of its Board of Directors OR nTt a(s) proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)is/are PARTNER(S) LIMITED subscribed to the within instrument and acknowledged to me that he/she/they executed the GENERAL same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the ATTORNEY-IN-FACT instrument the person(s)or the entity upon behalf of which the person(s)acted,executed TRUSTEE(S) the instrument � —r w— ——— GUARDIAN/CONSERVATOR WANDA LAWRENCE WITNESS my hand and official seal, OTHER: COMMISSION 1304023 C10 SIGNER IS REPRESENTING: NOTARY I NAME OF PERSONS)OR ENTM(IES)) ALAMEDA C+C LWYY 101hy carrMosbn$*I.Miry 10,2006 SIGNATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by taw,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY y The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must a state . III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the aut rrty to signor anTbinetFie�partnership. IV. SIGNATURES FOR CORPORATIONS Documents s ou a—sig'ned by two officers,one from each of the following two groups. GROUP 1. (a)The Chair of the Board (b)The President (c)Any Vice-President GROUP 2. (a)The Secretary (b)An Assistant Secretary (c)The Chief Financial Officer (d)The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws br a resolution of its Board of Directors." lC:nnv G:IGrrDjtaSEn$SvclF„n,wAWORD FORMSIALL PURPOSE NOTARY.,,+. Rev.Augum I,2001 CERTIFICATE OF ASSISTANT SECRETARY Western Pacific Housing-Windemere, LLC., a Delaware limited liability company By LAMCO Housing,Inc., a California Corporation its Managing Member The undersigned hereby certifies as follows: 1. He is a duly elected, qualified and acting Assistant Secretary of Lamco Housing, Inc., a California corporation (the "Company"), is familiar with the facts herein certified and is duly authorized to certify the same. 2. The Board of Directors of the Company consists of one director. 3. The following is a true, correct and complete copy of the resolution related to the subject matter as adopted by the Consent of Sole Director of the Company dated November 7, 2002 (the "Resolution"). The Resolution has not been amended, rescinded or modified and remains in full force and effect as of the date hereof. Election of Vice President and Division President RESOLVED, that Edward A. Galigher is hereby elected"to the office of Vice President of the Company and Division President (the "Division President") of the Company's Bay Area Division (the "Division"), to serve until the next annual meeting of the directors of the Company and until his successor is duly elected and qualified or until his earlier death, resignation or removal. RESOLVED FURTHER, that the Division President is hereby authorized and empowered, in the Division and in the name and on behalf of (A) the Company, (B) any partnership of which the Company is a general partner or agent, and (C) any limited liability company of which the Company is a member or agent (collectively the "Entities'), (i) subject to written approval by any one of the following officers of the Company: a) Chairman of the Board, b) Vice Chairman, President and Chief Executive Officer,' c) Executive Vice President, Treasurer and Chief Financial Officer, or (d) the Region President of the Division (the "Approving Officers"), to execute and deliver contracts, agreements and other documents and instruments for the purchase of real property, and any improvements or appurtenances constructed thereon or affixed thereto, or any interest therein, including without limitation any right-of-way, easement, leasehold or other tangible or intangible property, right or interest, and any personal property relating or incident thereto, (ii) subject to written approval by any one of the Approving Officers, to execute and deliver contracts, agreements, deeds, conveyances or other obligations of the Entities, closing statements and other documents and instruments for the sale of improved or unimproved real property, or any interest or right therein, owned, leased or otherwise controlled by the Entities and(iii)to execute and deliver office and model home leases and such other agreements, instruments or documents as the Approving Officers shall direct. RESOLVED FURTHER, that in connection with the management of the Entities'business,the Division President is hereby authorized and empowered,in the name and on behalf of the Entities in the Division, to execute and deliver (i) contracts, agreements and other documents and instruments for the subdivision, development and/or improvement of real property, (ii)home sales contracts, sales person employment agreements and similar or equivalent agreements,documents or instruments and (iii) personal property leases for, among other things, office equipment and construction trailers. RESOLVED FURTHER,that in connection with the management of the Entities' business in the Division, the Division President shall be authorized and empowered,in the name and on behalf of the Entities in the Division,to execute and deliver any and all documents and instruments necessary to sell and convey title to single-family homes. IN WITNESS WHEREOF,the undersigned has set his hand on the 9"day of December, 2002. 14 Paul W. Buchschacher, Assistant Secretary a U..•VTEWAL71 1nU AW01UIDwo9-c47 awpd SK AMERl 414 C'�.'!< 77' —V%M" m FirstAmerican I7t1eInsurance Company www.firstam.com • NYSE:FAF January 17, 2003 Clerk of the Board 651 Pine St., Room 106 Martinez, CA RE: Subdivision. 8646 FATCO# 570931 Per your request, enclosed are copies of the portion of the above referenced subdivision map pages where the assessor number was corrected. If you have any questions or if we may further assist you, please call. Very truly yours, FIRST AMERICAN TITLE GUARANTY COMPANY Barbara Pinto Subdivision Officer 1355 Willow Way, #100, Concord, Ca 94520 925-356-7025 Fax 925-671-9471 SUBDIVISION 8646 SHELBOURNE BEING A SUBDIVISION OF LOT 11, SUBDIVISION 7976 RECORDED IN BOOK 436 OF AAPS, AT PAGE 29 CONTRA COSTA COUNTY RECORDS, CONTRA COSTA COUNTY, CALIFORNIA CARLSON, BARBEE & GIBSON, INC CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON, CALIFORNIA NOVEMBER, 2002 WESTERN PACIFIC HOUSING-WINDEMERE LLC, A DELAWARE LIMITED LIABILITY COMPANY BY: WESTERN PACIFIC HOUSING-WINDEMERE LLC, A DELAWARE LIMITED LIABILITY COMPANY DATE: 1 = �� BY: LAMCO HOUSING, INC., LIFORNIA C POR 0 , TS MANAGING MEMBER BY: __ DiVISkN P SIDENN?_ ACKNOWLEDGEMENT STATE OF CALIFORNIA I COUNTY OF ON �Y11L��di _L�, , BEFORE ME, A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, PERSONALLY APPEARED PERSONALLY KNOWN TO ME (OR PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE FOREGOING STATEMENT AND ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE STATEMENT THE PERSON(S) OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE STATEMENT. WITNESS MY HAND, (SIGNATURE (PRINT) MY COMMISSION EXPIRES: COUNTY OF PRINCIPAL PLACE OF BUSINESS) �b1��� c�w.+��ss►oti► � 13oyb�,3 THE PUBLIC FOR PUBLIC USE FOR PUBLIC U l lLI'i Y PURPU�)L,) INULUUIMv WATER, SANITARY SEWER, TELEPHONE AND CABLE TELEVISION UTILITIES, INCLUDING CONSTRUCTION, ACCESS OR MAINTENANCE OF WORKS, IMPROVEMENTS AND STRUCTURE THE CLEARING OF OBSTRUCTIONS AND VEGETATION. THE AREAS DESIGNATED "PRIVATE STORM DRAIN EASEMENT" OR "PSDE" ARE DEDICATE THE HOMEOWNER'S ASSOCIATION OF SUBDIVISION 6646 FOR STORM, FLOOD AND SURFt WATER DRAINAGE, INCLUDING CONSTRUCTION, ACCESS FOR MAINTENANCE OF WORKS, IMPROVEMENT AND STRUCTURES, WHETHER COVERED OR OPEN, AND FOR THE CLEARII OBSTRUCTIONS AND VEGETATION. THE AREAS MARKED "SANITARY SEWER EASEMENT" OR "SSE" ARE OFFERED FOR DEDI( TO THE CENTRAL CONTRA COSTA SANITARY DISTRICT (CCCSD) OR ITS DESIGNEE IN GF AS A NON—EXCLUSIVE SURFACE EASEMENT AND A NON—EXCLUSIVE SUBSURFACE EASI FOR SANITARY SEWER PURPOSES INCLUDING CONSTRUCTION, ACCESS OR MAINTENANCI WORKS, IMPROVEMENTS, AND STRUCTURES, AND THE CLEARING,OF OBSTRUCTIONS ANC VEGETATION. NO BUILDINT0R ,S_IRUCTU.RE MAY BE PLACED ON SAID EASEMENT, NOR ANYTHING BE DOME THEREOF *ICH MAY.-INTERFERE WITH CCCSD'S FULL ENJOYMENT SAID EASEMENT. THE AREAS DESIGNATED -"WATER LSE EASEM T" OR "WLE" ARE DEDICATED TO THE I SAN RAMON .,SERVICEeDIS`fRIGT*{D�RSD}_ FbR, THE CONSTRUCTION, MAINTENANCE, USE OPERATION :OF WATER :TRANSMISSfiON..PIPELINES, AND ALL NECESSARY APPURTENANCE OH THERETO; TOGETHER :,T- iiE- RIGHT-.OF INGRESS TO AND EGRESS FROM SAID EASEN NO BUILDING OR STRUCTURE MAY BE PLACED ON SAID EASEMENT, NOR SHALL ANYTI• DONE THEREON WHICH MAY INTERFERE WITH THE DUBLIN SAN RAMON SERVICES DISTF FULL ENJOYMENT' OF SAID EASEMENT. THE AREA DESIGNATED "EMERGENCY VEHICLE ACCESS EASEMENT" OR "EVAE" IS HERE DEDICATED TO THE PUBLIC FOR EMERGENCY VEHICLE. ACCESS. THE AREAS DESIGNATED "STREET LIGHT EASEMENT" OR "SLE" IS HEREBY DEDICATED THE HOMEOWNER'S ASSOCIATION OF SUBDIVISION 8646 'OR ITS DESIGNEE OR SUCCESt FOR THE INSTALLATION, MAINTENANCE, REPAIR, REMOVAL AND REPLACEMENT OF PUB STREET LIGHTS AND THEIR APPURTENANCES; INCLUDING BUT NOT LIMITED TO ELECTR FOUNDATIONS AND CONDUIT RISERS. THE UNDERSIGNED HEREBY RELINQUISHES TO THE PUBLIC FOREVER ALL RIGHTS OF VEHICULAR INGRESS AND EGRESS OVER AND ACROSS THE LOT LINES WHERE DESIGN RELINQUISHMENT OF ABUTTERS RIGHTS AND PRIVATE ACCESS PROHIBITED AND SHOW "I Illlllllll". THE MAP SHOWS ALL EASEMENTS ON THE PREMISES, OR OF RECORD. 2.7-1— loo-- 411 APN: 296 52e--el 1 94462-50 - PROVED 70 ME bN THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE PERSON(S) WHC NAME(S) IS/ARE SUBSCRIBED TO THE FOREGOING STATEMENT AND ACKNOWLEDGED TO 14 THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR AUTHORIZED CAPACITY(IES) AND THAT BY NIS/HER/THEIR SIGNATURE(S) ON THE STATEMENT THE PERSON(S) OR TH ENTITY UPON BEHALF OF WHICH THE PE ON(S) AC D, XECUTED THE STATEMENT. WITNESS MY HAND, ---- (SIGMATh R ju,&e LUftM (PRINT) MY COMMISSION EXPIRES: se, 2CO5 COUNTY OF PRINCIPAL PLACE OF BUSINESS: Aim A�-�A-r SURVEYOR'S STATEMENT THIS MAP WAS PREPARED UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IT CONFORMANCE WITH, THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF WESTERN PACIFIC HOUSING-WINDEMERE LLC ON JUNE 1' 2002 AND IS TRUE AND COMPLETE AS SHOWN. I HEREBY STATE THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. I HEREB STATE THAT THE MONUMENTS WILL BE SET IN POSITIONS 101CATED. BEFORE DECEMBER 2005. THE MONUMENTS WILL BE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. • r �p S� Ra �` CHRISTOPHER S. HARMISON, P.L.S. L.S. 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MARTINEZ,CALIFORNIA TO THE TREASURER: ). RECEIVED FROM ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. B.ASUTASK OPTION ACTIVITY AMOUNT C_J�i 7, 6.r4c&X, 110 119Z 3 DO Y (. �, i�1 � f1 � j, . I I till- > `r5x) 16L I. i I I I EXPLAION: I� f� TOTAL $ V to DEPOSIT �1 t consists of the follvwi Items CCtIN, nd CURRENCY q. ETC. BANK DEPOSITS $- FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DF NUMBERt� DATE r ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby deposit into;he County Tsoy. ock ' # Jy./y Date -- ` t Side `.. T ' EXT. Deputy County Auditor Deputy County Treasurer D-34 R . y- 2CL2-� jog 300 Svcs. t1-t -ate �h&&-A4� 2 . 5U � U - u0 � 10 • UU- 20 • 00-t 11 U0+ l) 0 10++ U - E)V5 r( u - 311 (,, l 0 • x �.1 L)Li ' U u+ f 3 . (1)U t 6 . 50* , 6_`> + `111U UUP a 2`-j0 . Ou+ 2 17 + 069 - I)u u • * 250 - 00+ 5 � uuu - UU* 1 32 ' 100 - 00 -7 12 , 900 - 00 + ESS + `1UU " UU + 5uu - uot 69 - 621 casS� 5 0 1 f jL_ti 2 1 i s U 6�l - �VW0 000649-9665 / 831000: 61108293, $5W.00, R5 2724 Record of Survey Map Check Fee, PLS Surveys, Inc., 2220 Livingston Street, Oakland, CA 94606 000649-9665 / 831000: 61108296, $132,700.00, RA 1094 Landscape Inspection Deposit, Windemere BLC Land Company, LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 000649-9665 / 831000: 61108298, $61,300.00, SUB 8646 Inspection Deposit, Western Pacific Housing, 6658 Owens drive, Pleasanton, CA 94588 3 819800-0800: 61108297, $12.900.00, SUB 8646 Cash Performance Bond, Western Pacific Housing, 6658 Owens Drive, Pleasanton, CA 94588 Subdivision: SIH 8b46 Bond No.: 6197284 IM,1?'RDVEMENT SScuRiTY BOND FUR SUBvrviam AGRRE1Vi1gNT (Performance,Guarantee and Payment) (California Government Code§166499-66499.10) 1. Emm oF Smw=AGmumni 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 864b ,as specified in the subdivision agreement and to complete said work within the time specified for completionin the subdivision agreement,all in accordance with State and local laws and ,/'y�yrulings y thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 9 2. M�IG� ,AMI Western Pecific_Housina, Inc,___ a8 principal and SAPWO Insurance jqg2gX of America , acorporation organized and existing under the laws of the State of wash nc3tdn 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: Qne h011ion Two Hundred Seventy Ibmandand M100 Dollars( 1. 71.0000.QO ti _ )for Contra Cosh County or any city assignee under the above County Subdivision Agreement. B. Payment: Six Hund Forty Cane Thousand NineHndred Fifty.and M100 Dollars 041,259A - )to secure the claims to which reference is made in Title XV (Commencing with Section 3082) of Dart 4 of Division Ili of the .Civil Cowie of the State of California, 3. 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 petfonned 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=ployces,as therein stipulated,then this obligation shalt become null and void: otherwise It shall be and remain in full force and effect. As part of the obligation secured herosby 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 assigner)in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH I SS. On this 5th day of November, 2002 before me, personally came Kimberly A. Tavernier, who is personally known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within Instrument as Attorney-In-Fact on behalf of SAFECO Insurance Company of America, and acknowledged to me that he/she executed the within instrument on behalf of said surety company and was duly authorized to do. In witness whereof, I have signed and affixed my official seal on the date in this certificate first above written. Signature c���C�r�- MYC0MM15SI0H# DDIM92B DSPW '$ 30/24 20% tw "DEDMTROYFANWOMMINC This area for Official Notarial Seal �+ /e r C E C OF POWER GENERAL INSURANCE COMPANY OF AMERICA �7 �/�1 .r C3ENERAL INSURAWCE COMPANY OF AMERICA ► OF ATTORNEY HOME OFFICE: SAFECO PLAZA SEATTLE,WASHINGTON 98185 No. 10171 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA,each a Washington corporation,does each hereby appoint ********************JAME.I;W.DUNN;DAVID H.CARR;KIMBERLY A.TAVERNIER,ANETT CARDINALE;LINDA J.MEYER;Tampa, Its true and lawful attorney(s)-in-fact,with full authority to execute on Its behalf fidelity and surety tads or undertakings and other documents of a similar character issued In the course of Its business,and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents / this 13th day of Se(pte�mber �`j 2002 4 - P CHRISTINE MEAD,SECRETARY ICK,PRESIDENT CERTIFICATE Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V,Section 13.-FIDELITY AND SURETY BONDS ...the President,any Vice President,the Secretary,and arty Assistant Vice President appointed for that purpose by the officer In charge of surety operations,shell each have authority to appoint Individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds acrd other documents of similar character Issued by the company In the course of Its business...On arry Instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on arry bond or undertaking of the company,the seal,or a facsimile thereof,may be Impressed or aitExed or In any other manner reproduced;provided,however,that the seal shah not be necessary to the validity of arty such Instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (1) The provisions of Article V,Section 13 of the By4Aws,and (ID A copy of the power-cf-attomey appointrnent exeched pursuant thereto,and (Ih) Cert"that said power-aberttomey appointment Is In full force and effect, the signature of the certifying officer may be by facsimile,and the seal of to Company may be a facalmtie theracC" I,Christine Mead,Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA,do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors of these corporations,and of a Power of Attorney,Issued pursuant thereto,are true and correct,and that both the By-Laws,the Resolution and the Power of Attorney are still In full force and effect. IN WITNESS WHEREOF,I have hereunto set my hand and afifxed the facsimile seal of said corporation this 5 th day of November , 2002 . � (MEcSEAL EAL is 2 " d( CHRISTINE MEAD,SECRETARY S-0974/SAEF 2101 0 A raglstered trademark of SAFECO Corporation 0911312002 PDF CERTIFICATE OF ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF ALAMEDA On November 7, 2002 before me, Wanda Lawrence, a Notary Public in and for said State personally appeared Glenn R.Brown,personally known tome(or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. R Notary Public in and for sand County and State WANDA LAWR&4M NOTM IMM Wanda Lawrence- LeALMMA OMM (Notary's name must be typed or legibly printed) [Notary Stamp or Seal] I A103 FATCO$42 6646 Tax Collector's office William J.Pollacek 625 Court Street O 61 County Treasurer-Tax Collector Finance Building,Room 160 P.U.Box 631C} Russell V.Watts Martinet,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 Co u n `y Joslyn Mitchell (925)646-4135 FAX "1 Tax Operations Supervisor Date: 1/1412003 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 26108) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# City T.R.A. 8646 SAN RAMON 66383 Parcel#: 223-100-011-4 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 2002-2003 tax lien has been paid in full. Our estimate of the 2003-2004 tax lien, Which became a lien on the first day of January, 2003 is $284,300.00 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 Collector By EM UTLE CQMUSX T Fidelity and Deposit Company of Maryland el"M lradne h One Metro Center SM O,110 pr DO MOW Way,not 4010 Bopscout Blvd., suite 600 �r COMF46 Ca � Tampa, FL 33607 At�r'i A PtpltaP Attn: Jeff Willis AUDI Phone: (813)873-2055 ! 8-y3'1�20ii1 n WNTC0�� 1Xs •*M*� �n KNOW ALL MM By TRU&P1tEb1EMI Bond #08065289 'f IAT. `.ted'a..,p. flc HoWwt Wl &mw = sPalawAM jhn1W 1bij1 ,v .. JKS pupal and (S�y) Fidelity and Deposit Company of Maryland - —,a Ctrporatlort organised and"isting Under the laws of the State of Maryland and Aauthociaaed to uwsact surety business in California as surety are held and firmly bound unto the County of-Contra Costa4.., 11111 of California,in the penal sum of Two Hadad Cida t, `'r t, dt>=ht.+ndted, Dollars to be paid to said Ctxmty of cou Costa --- , for the payment of which will and truly be made,we and each of us bind Ourselves,our heirs, executors,administrators and a messors,jointly and savarally,firmly by these prewts. Baseload with our Seals and dated thi* 14th _day of January 2t1 0 4 7%6 conndititms of the alcove obli&on Is such thatWHBtMAS,fife above boun&-d principal is about to file a map entitled- 6 and covering a subdivision of a tract of land In said County of Contra cotta and dim am catala liens tot taxes and special assessments collected as taxes,against the #Ad tract of lanad.covered by.aaid Map,which MY=and special.assestfinents collected as tvws,+ata not as yet due or payable. NOW,TIOWWOM if the said EdndimL shall pay all of the taxes and special assessments collected as taxes which tare a lieu against said tract of land covered by said map,at the time of the filing of laid snap of said tract,them this obligation shall be vtald and of no effect.otherwise it shall remain in hull force and effect. WCatenaat Fidelixy and Deposit C y of Maryland A Delaww"e limited inability company BY: n y Ki5O 1 A. Tavernier, Attorney-In-Fact peind I fAljoatn-- aJo it is of Florida 7650 grey Campbell Cswy., #920 (notary wknowledsrnent attach0d) Tampa, FL 33607 // Inquiries: (813) 281.2095 DATE: l _ BOND REVIEWED AND APPROVED CONTRA COSTA COUNTY TR U OLLECTOR BY: ACKNOWLEDGEMENT BY SURETY STATE OF FLORIDA COUNTY OF HILLSBOROUGH I 'S- On this 'loth day of January, 2003 before me, personally came Kimberly A. Tavernier, who is personally known to me {or proved to me on the basis of satisfactory evidence} to be the person who executed the within Instrument as Attorney-In-Fact on behalf of Fidelity and Deposit Company of Maryland, and acknowledged to me that he/she executed the within instrument on behalf of said surety company and was duly authorized to do. In witness whereof, I have signed and affixed my official seal on the date in this certificate first above written. Signature `` "4 Melt Cardinale ` my N# =03428 EM :uty 2420% WR WVM U TROY FAIN MUM=INC sx This area for Official Notarial Seal CERTIFICATE OF ACKNOWLEDGMENT STATE OF CALIFORNIA COUN'T'Y OF ALAMEDA. On January 15, 2002 before me, Wanda Lawrence, a Notary Public in and for said State personally appeared Richard P. Ambrosini, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted,executed the instrument. WITNESS my hand and official seal. Notary Public in and or said County and State --_+++ WANDA LAWRENCE COMMISSION 130M NOTARY Wanda Aly Lawrence "�"� " CNIVI bn SVC Mq 10,314$ (Notary's name must be typed or legibly printed) [Notary Stamp or Seal] Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: 3910 KESWICK ROAD, BALTIMORE, MD 21211 KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article V1, Section 2, of the By-Laws of said Company,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint James W.Dunn, David H. Carr,Kimberly A. Ta ernier, Lind J. Meyer and Anett Cardinale,all of Tampa, Florida, EACH its true and lawful agent and Attomey-i to make o te, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds an aking a execution of such bonds or undertakings in pursuance of these presents,shall be as binding upon s mpany, and amply,to all intents and purposes,as if they had been duly executed and acknowledged by the re elected of the Company at its office in Baltimore, Md.,in their own proper persons. This power of attome es that ' on behalf of Jaynes W. Dunn, David H. Carr, Mirna Ramos,Denise Taylor,and Kimberly A.Waller Octobe 00. The said Assistant Secretary does hereby cert the a forth on the reverse.side hereof is a true copy of Article VI, Section 2,of the By-Laws of said Company, now in f IN WITNESS WHEREOF,-the said PresideAssistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the RELIT* D DEPOSIT COMPANY OF MARYLAND, this 26th day of November,A.D.2002. t� N; ATTEST: n�ZIP � FIDELITY AND DEPOSIT COMPANY OF MARYLAND pKp 04POFIi T no By: - T. E. Smith Assistant Secretary Paul C. Rogers Vice President State of Maryland County of Baltimore ss' On this 26th day of November, A.D. 2002, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution.of the same,and.being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. J. "DT/W�t 11J8t Carol J. Fader Notary Public My Commission Expires: August 1,2004 POA-F 031-3130