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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-229 IIII##�II##III II II I##I III##�#II I III#IIN#I#III#II CONTRA COSTA Co Recorder Office STEM L, IIA C1erk�Recorder Recorded at the request of: DOC- Z+�O�-�174679-00 Contra Costa County Wednesday, APR 16, 2003 12:06:15 Board of Supervisors FRE $0.90 Return Works Department Ttl Pd $0.80 Nbr-ON1432732 Engineering Services Division I r C/R911-12 Records Section THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on April 15, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE _ DISTRICT III SEAT VACANT RESOLUTION NO. 2003/ 229 SUBJECT: Acceptincompletion of improvements and declaring Wild Oak Court and the widening of Walnut Boulevard as county roads, Minor Subdivision 4-99, Walnut Creek area. (District III) The Public 'Works .Director has notified this Board that the improvements in Minor Subdivision 4-99 have been completed as provided in the Subdivision Agreement with DeNova Homes,heretofore approved by this Board in conjunction with the filing of the Parcel Map. PE:rm 0:iGspData\EngSvctBO\200314-I5-031MS 4-99 Bo-45.doc Originator: Public works(ES) I hereby certify that this is a true and correct copy of an Contact: Rich Lierly(313-2348) action taken and entered on the minutes of the Board of cc: Public Works -Tax I.D.68-019243,Accounting -T.Bell,Construction Div. Supervisors on the date Shown. -J.Florin,M&T Lab -H.Finch,Maintenance Div. APRIL 5 20£}3 -I.Bergeron,Mapping Div. ATTESTED: z -T-4/15/04 JOHN SWEETEN,Clerk of the Board of Supervisors and Recorder(via Clerk) then PW Engineering Services Sheriff Patrol Div.Commander County Administrator CHP,c/o Al CSAA--Cartog DeNova Homes 1899 Clayton Road,suite 110 By ,Deputy Concord,CA 94520 Financial Pacific Insurance Company P.O.Box 292220 Sacramento,CA 95829 RESOLUTION NO.2003/ 229 SUBJECT: Accepting completion of improvements and declaring Wild Oak Court and the widening of Walnut Boulevard as county roads, Minor Subdivision 4-99, Walnut Creek area. (District III) DATE: April 15, 2003 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of April 15,2003 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SI)R.ETY December 19, 2000 Financial Pacific Insurance Company BE IT FURTHER RESOLVED the payment (labor and materials) surety for $43,000.00, Bond No. 5503013 issued by the above surety be RETAINED for the six month lien guarantee period until October 15,2003,at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that Wild Oak Court the hereinafter described road,as shown and dedicated for public use on the Parcel Maps of Minor Subdivision 4-99 filed January 9,2000,in Book 180 of Parcel Maps at Page 15,and Minor Subdivision 75-86 filed July 31, 1987,in Book 128 of Parcel Maps at page 48, Official Records of Contra Costa County, State of California, is ACCEPTED and DECLARED to be a County road. Road Name Road-RIW Widths Road No. Salem Len ftMilesl Wild Oak Court varies 32'-50' 4245OZ MU 0.06 to 70'-88' BE IT FURTHER RESOLVED that the widening of Walnut Boulevard is ACCEPTED and DECLARED to be a County road; as shown and dedicated for public use on the Parcel Map of Minor Subdivision 4-99 filed January 9, 2000, in Book 180 of Parcel Maps at page 15, Official Records of Contra Costa County, State of California. BE IT FURTHER RESOLVED that the beginning of the warranty period for the Minor Subdivision 4-99 improvements is hereby established, and the $1,000.00 cash deposit (Auditor's Deposit Permit Number 358935, dated November 8,2000)made by DeNova Homes,Inc. and the performancelmaintenance surety bond and rider for$12,900.00,Bond Number S503013 issued by Financial Pacific Insurance Company be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION NO. 200.31229 SUBDIVISION AGREEMENT (Government Code 566462 and 566463) Subdivision: MS 99-0004 Subdlvider: Denova Hames. Inc Effective Date: _ 19, Completion Period: 1 year THESE SIGNATURES ATTEST TO TIME PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER Maurice M.Shiu,Public Works Director .t By: (Signature) , David B. Sanson,President OVAL By: (Signature) ee g Services Division (Print ntvnektitle) D: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged. if Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code 5313.) 1. PA TIES&DATE, Effective on the above date,the County of Contra Costa,California,hereinafter called"Coon ",and the above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider 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 required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa.County Ordinance Code(including future amendments thereto). Subdivider 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 SS66410 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. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code 566499,and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee; $1,000.00 cash,plus additional security,in the amount of S 85,000.00 which together total one hundred percent(100°!0)of the estimated cost of the work. Stich additional security is presented in the form of Cash,certified check or cashiers check. _ Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment. Security in the amount of$43,000.00,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,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider, the amount securities may be reduced in accordance with S94-4.406 and 5944.408 of the Ordinance Code. 4. GUARANTEE AND WAR_RANTY OF WQ9& Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(I)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 964.5,"Acceptance,"of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPRVEMENT PIAN)yARMN.TY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO 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 Subdivider of his obligation to fulfill this agreement as prescribed,nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The i t aMM its,benefitted and protected by this promise are the County,and its special district,elective and appointive boards, commissions,officers,agents,and employees. B. The liabilifig protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The ntions causillzliability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Von- on itions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. QQM: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors, IL. NON-I' A �'Q Aj T, -.D t OSIS:If Subdivider fails to complete the work within the time specified in this Agreement,and subsequent extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. I I�CQ 'ORA TION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 11 UQQRD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. RLAw G:KMpDwt@novcvortegOMNovw"bWO04"Ao30.40C Rev.Api!6.2000 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of t OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER On 'Qacfore me, • Though statute does not require the Notary to LI#1 p�rE ''j� { . N ME,TTIF OFFICERR B.O.."JAWS OTAR URL.IC" In the data below,doing€so may prove Invaluable personally appeared t J a Q c. �.+�� to persons relying on the document. / NAME(S)OF SIGNER(S) 0 INDIVIDUAL. Cil personally known to me-OR-0 provided to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S) be the petson(s)whose names)is/are MUM subscribed to the within instrument and 111111€1€#II€ acknowledged to me thathe/she/they executed 0 PARTNER(S) 0 LIMITED PATRICIA A.DYKES » the same in his/her/their authorized 0 GENERAL comm.NO.1237545 = capacity(ies),and that by his/her/their 0 ATTORNEY-rN-FACT m NOTARY PUBLIC-CALIFORNIA :(no signaturt(s)on the instrument the person(s)or 0 TRUSTEE(S) CONTRA COSTA COUNTY the entity upon behalf of which the persons) _ — acted,executed the instrument. 0 GUARDIAN/CONSERVATOR _ my comm.expires Oct.to,2003 ... 0 OTHER: WI`IN15SS,myband a fIi ' 1 eal, SIGNER IS REPRESENTING. (NAME OF PERSoN(s)OR EKrrrY(im) S C3 acknowledged to me that such corporation executed the within instrument pursuant to its Board of Directors. OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data 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-attachment of this form INS,I=ONS TO NMRY 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. -The name and interest of the signer should be typed or printed BEgEAM the signature. The name must be signed y as it is typed or printed. II. -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIQN42=FOR f4=1 HES-Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bindthe partnership. IV. giogAiarg Documents should a S pod 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 An Assistant Secretary c The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." ic:n,w.df Raw.rangy Is,x000 a�11 P 0 MIDENovAHoMES CORPORATE RESOLUTION I, David B. Sanson, the Secretary of DeNova Homes, Inc. (the Corporation) hereby certify that at a meeting of the Board of Directors of the Corporation, which was duly held on November 3, 2000,the following resolutions were duly adopted. RESOLVED FURTHER, that David B. Sanson, President is authorized and directed in the name of this Corporation, and in its own act, to be the sole Corporate signer for the Subdivision Agreement and all acts to facilitate recordation of the final map for Minor Subdivision 99(1004, "Wild Oak Estates, Walnut Creek CA. RESOLVED FURTHER, that the Secretary of the Corporation is directed to certify these resolutions and to deliver such certification in support of the authority of the above officers to act on behalf of this Corporation. David B. Sanson 1849 Clayton Road Concord, CA 94520-2513 925-685-0110 • Fax 925-685-0660 MS 99-0004 Subdivision: Bond No.: m3o13 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499- 66499.10) j, R& rrAf.OF SJJBDIVIS ON AgREEMENT: The Principal has executed an agreement with the County to install and pay for street, drainage, and other improvements in Subdivision Ms gg_000 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 the Final Map or Parcel Map for said Subdivision. DENOVA IIOMES, i.YNC. 2. !QB_LIGATION: as Principal,and FSA CSL PACZFIC TNSURA.NCEbCQMPANr .acorporation organized existing under the laws of the State of CALIFORNIA 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 it: A. Performance and Guarantee:EIGHTY FIVE THOUSAND AND N01100 ******** ($ 85,000.00 for itself or any city assignee under the above County Subdivision Agreement,plus ` B. Payment: yORTy T = EP THalis6 n Aun bmti n(} *�t**��*��*���*�**�� *�._ Dollars ($�. 43,goo.o0 ************ ) to secure the claims to which reference is made in Title XL' (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3. CONDITIMON: 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 costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. r ! e .r' 4 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 agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court, and 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 condition 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 shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by 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 Principal whenever taken. SIGNIE�D AND SEALED on NOVEMBER 2, 2000 FRINCIFAL' DENOVA HOMES, INC. SURETY FINANCIAL PACIFIC INSURANCE COMPAN Address. 1849 CLAYTON ROAD, Address: City: Zip: ( t�52A Ci"ame: O CA Zip. 9h829-2220 --By. By Print Name: AVID B• � PrLIE I. DOUGL SS caea t Title: 7 Tale: A11oRnFy-TN—FAr-T WS419RDATQA WIP-MlIN WORC)1 N-12.doc LIMITPD POWER OF AT RNEY Financial .Pacific Insurance Company BOND NUMBER S503013 503013 POWER NUMBER DENOVA HOMES, INC. $85,000.00 PRINCIPAL PENAL SUM KNOW ALL MEN BY THESE PRESENTS, that Financial Pacific Insurance Company, a California corporation (the "Company"), does hereby make, constitute and.appoint: Annelle L Douglass its true and lawful Attorneys in F's with limited power and authority for and on behalf of E oibl., a u ty, to execute,deliver and affix the seat of the Company thereto if a•seal is required on bonds, undertakings, recogniza gations in the nature thereof as follows: NotttryPublic,Hid,Performance,Payment, ` en $200,000 and to bind the Company thereby. This Power of Attorne rand by the authority of the following resolutions adopted by the Board of Directors of Financ' my held July 6, 1995, which are now in full force and effect: RESOLVED or ano Assistant Secretary, may appoint attomeys-in-fact or a as defx app nt ' each case, for and on behalf of the Company, to exe n a �' s, recognizance eIt hip obligations of all kinds, and said officers may u f limey prey ted such person. RESOLV RTHER, that a igation at e v in g upon the Company when sig nd sealed(if a se t I he the authority evidenced by the power of attamak issued p RESOLVED FUR �► ature of any au facsimile to any power of attorney or certification red rizing the execution other suretyship obligations of the Company such sign and seal whenqp use affixed. IN is fic Insurance mh cause s_e`n9Tffl1Wed by its er officers,and its corporate seat �'4;•�(iP Ute ,�+� —i-- -Zv. s w 4Vt Y 2� = Robert T. Kingsley,President Jofinj HollingshAcY5recretary ST , SAC 5 v 1 9, r f e me obe ley 1 R 1 gsh d, to me known to be the i 'du ffi f iat ac C o e t e an y cknowledged the execution of the same,and being by me duly swom,did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duty affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. r MN SCNREMP '0 � ctutan. 1131641 2 N0•rutr wUKC.CALFOM u► sac►,me�i Coun1Y i-ic My Comm.ExI*"Mv.27,2001 -+ Ann Schremp, Notary Public CERTMCATE I,the undersigned Secretary of Financial Pacific.Insurance Company a California corporation DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and turthermore, that the resolutions of the B and of Directors set forth, and that the relevant provisions of the By-Laws of the Company,are now in full force and effect. Signed and sealed at Sacramento, this 2ND day of NOVEMBER, 24~00 Jotm Hollingshea , Secretary Financial Pacific Insurance Company seal must be affixed a. Tax CoNtOWS Oft* Contra millarn J.Ponscak Awtmsbw County Tro"urw-Tax Copector Fkwm SAO",Room 100 Costa P.C.Ba 631 Joseph L Martlnex Mm*wz.CeNtorNe 94SS34M County AsslstaM Tear CoN®cxa (923)6464122 (92S)646.4133 FAX Joslyn Mhahsll Ya Oporadons 3upsrv[W 11/812000 IF THIS TRACT IS NOT FILED BY DECEMBER 31,2000, THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: TRACT 1 M.S. CITY T.R.A. 99-004 WALNUT CREEK 98002 Parcel#: .184-321-008-5 180-321-009-3 and have determined from the ofEcial tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The current 2000-2001 tax lien has been paid in full. Our estimate of the 2000-2001 supplemental taut lien is$ 0.00 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, Treasure -Tax Coil t r By. MIDENovAHoMES CORPORATE RESOLUTION 1, David B. Sanson, the Secretary of DeNova Homes, Inc. (the Corporation) hereby certify that at a meeting of the Board of Directors of the Corporation, which was duly held on November 3,2000,the following resolutions were duly adopted. RESOLVED FURTHER, that David B. Sanson, President is authorized and directed in the name of this Corporation, and in its own act, to be the sole Corporate signer for the Subdivision Agreement and all acts to facilitate recordation of the final map for Minor Subdivision 990004,"Wild Oak Estates, Walnut Creek CA. RESOLVED FURTHER, that the Secretary of the Corporation is directed to certify these resolutions and to deliver such certification in support of the authority of the above officers to act on behalf of this Corporation. David B. Sanson 1849 Clayton Road Concord, CA 94520-2513 925-685-0110 • Fax 925-685-0660 7 � }.. P 9 '1ft'4.`V 1d 'r�•v��+ •• a�! ^��s$,y,'Y J• � ail ts 116 0 t; 0 �! OlZ- W W } . _ : cn ca ax 'oar • _ .._:. �,. C/3 o p ah Z v2 W 24 g CD < . C3 E 2. 9 � LN to 10 d .r'}, COUNTY OF CONTRA COSTA DEPOSIT PERMIT10 OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA rg RECEIVED FROM _ NQ V ,`�2 2000 ORGANIZATION NUMBER (For Cash Collection Procedures see County Adn>N*twtces Bulletin 105.) DESCRIPTION FUND/OR."` SUB...ACCT: TASK OPTION ACTIVITY AMOUNT 6,5 914 �t•l v rr� ����/o' �� 'coo 11P cl I" C trjs 0'VZ 6LD09"? L'3 :7d41 10 v t4:5U I-Th1-14)AQ1 - �oa5' G Sa? 133.5; 06 067394 DO 01A0 qi94 • ^+ ,•gyp bob I s>Rx1; inlLH. .`a.. 1 t I EXPLANATION- TOTAL DL - Do zo " G? 04- D Z 5 DEPOSIT ! J I Doposit rarnacts of the follamAng imm �y COIN ard.CLIRR $__- BANK DSIOSITS $ FM AUDFTCIR-CONTROLLER USE ONLY DEPOSIT PERMIT Df' ".'M958 35 Nov f0 lee ASSIGNED The mxxnt of money desabed above is for Treourees esceipt of above cnreoca+#is approved Fec�nip#of chxave amount is deposit Into the Cwnty Treasurys _ oekncrwledged Signed Datef 4 �. Titre g D-aa aEv I7-q3? 4-1 819800: G1041006, - , cash band, Tax I.D.# 68-0192453, DeNova Homes Inc, 1849 Clayton RD, Concord, CA 94520-2513 831000: 01041007, $9590.00, MS 99-0004, IMP Plan Check, DeNova Homes Inc, 1849 Clayton RD, Concord, CA 94520-2513 831000: 01041007, $300.00, MS 99-0004, Map Check Fee, DeNova Homes Inc, 1948 Clayton RD, Concord, CA 94520-2513 831000: 01041008; Record of Survey, $500.00, RS 2517, Elliott V Ingram, 1310 La Vista Ave, Concord, CA 94521 - 831000: 01041009, $5,000.00, Encroachment Permit A-1433, Brentwood Balfour Partners LLC, P 0 Box 7576, Stockton, CA 95267 831000: 01041012, $9,000.00, LP962019, Imp Plan Review overrun, The Seven Hills School, 975 N. San Carlos Dr, Walnut Creek, CA 94598 831000: 01041013 $388.40, MS 64-90, Inspection Fee, Bradford Financial, P 0 Box 1117010, Burlingame, CA 94011 831000: G1041025, $1,000.00, SUB 7324, Imp Plan Check, Western Pacific Housing 300 N. Continental Blvd, Ste 390, EI Segundo, CA 90245 831000: G1041025, $1,000.00, SUB 7325, Imp Plan Check, Western.Pacific Housing, 300 N. Continental Blvd, Ste 390, EI Segundo, CA 90245 Mt4-qq PINANCLU MMC P.A .1. -1. 916-634-3843 915-630-3743 Direct Dial Direct Facsimile SURE'T'Y BOND RIDER To be attached to and form a part of Type of Bond : Subdivision Improvement Bond Bond Number: 5503013 Date Effective: November 2,2000 Executed by: Denova Homes, Inc. (PRINCIPAL) and by : Financial Pacific Insurance Company (SMn') in favor of : Contra Costa County,Department of Public Works (OBUGEE) in consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing: Reducing;Penal Sum of Subdivision Bond From: Eighty Five Thousand&00/100($85,000.00) To: Twelve Thousand Nine Hundred&00/100($12,900.00) Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider is effective : February 18,2003 Signed and Sealed March 14,2003 (MOM,DAY,YEAR) FINANCIAL PACIFIC INSURANCE COMPANY ( SURETY) By: DeLen fo'n {Attorney'rn-FaA/�gW P.O.Box 292220 Sacramento California 95829-2220 LIMITED POWER OF ATTORNEY Financial Pacific Insurance Company r} BOND NUMBER 5503013 POWER NUMBER 701042 PRiNaPAL Denova Homes,Inc. PENAL SUM $12,900.00 KNOW ALL MEN BY THESE PRESENTS,that Financial Pacific Insurance Company,a California corporation(the"Company"), does hereby make,constitute and appoint. Eric J.Fedolrs,DeLena Robinson,Melanie J. Huff its true and lawful Attorneys-in-Fact,with limited power and authority for and on behalf of C Y surety,to execute,deliver and affix the seal of the Company thereto if a seal is required on bonds,undertakings,recogniz ay ligations in the nature thereof as follows: ;,, Bid,Performance,Payment, Subdivision a is p to$3,000,000,00 W and to bind the Company thereby. This Power of Atto er and by the authority of the following resolutions adopted by the hoard of Directors of Fin duly held July 6, 1995,which are now in full force and effect: RESOLVE t or a ny Assistant Secretary, may appoint attorneys-in-fact or t as de i e ap of n each case,for and on befialf of the Company,to exe a ,recognizanc retyship obligations of all kinds;and said officers ma s f Vorney pr ` ted such person. RESOL URTHER that E i h bligatio sh be ding upon the Company when si and sealed(if a sttatlto ttl tlr hof the authority evidenced by the power of a issued p � "u " RESOLVED FUR nature of any a e 5 by facsimile to any power of attorney or certification er U4u orizing the executi br other suretyship obligations of the Compare such si re and seal whe so us lly affixed. IN tial acific Insurance orWny has caused these prese geed by itWper officers,and its corporate se bei,2042. Z Z5. yOLY 2Z 0 :C E Robert T.Kingsley,Presiden J R.Holli gs , ecr&ary f gs6 v ST F A I O SAC n is 5 o o ent 2o y b ore Roo ri gslcy, d hn ing ead,to me known to be the idu ffi cia a wh a e acknowledged the execution of the same,and being by me duly sworn,did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. �- ANN SCHREMP Comm.#1 TPhImcaft Ann Schremp,Notary Public owrm 2!=Mwth 27.2(705 CERTIFICATE I,the undersigned Secretary of Financial Pacific Insurance Com any, a California corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore,that the resolutions of the Board I Directors set forth,and that the relevant provisions of the By-Laws of the Company,are now in full force and effect. 03 Signed and sealed at Sacramento,this 14th day of March ,20 _ John ollingshead,Secretary — Financial Pacific In3urance Company seal must be affixed FM= PA MIC ,;Ar Bond # 5503013 Rider Containing Disclosure Notice of Terrorism Coverage The Terrorism Risk Insurance Act of 2002 requires Financial Pacific Insurance Company (FPIC) to provide this disclosure notice. No action is required on your part. This Disclosure Notice is incorporated In and made part of the attached bond. The actual coverage provided by this bond for acts of terrorism is limited by the terms, conditions, exclusions, limits other provisions of the bond any endorsements and generally applicable rules of law. Effective November 26, 2002 any losses caused by a certified act of terrorism would be partially reimbursed by the United States of America to FPLC under a formula established by the Terrorism Risk Act of 2002. Under this formula, The United States of America reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. There is a cap on FPIC's Liability to pay for such losses if the aggregate amount of insured losses under The Act exceeds $100,000,000,000 during the applicable period for all insured and insurers combined. In that case, we will not be liable for payment of any amount, which exceeds that aggregate amount of$100,000,000,000. Your premium attributable to coverage for terrorist acts certified under The Act is Zero Dollars ($0.00). The cost of terrorism coverage is subject to change on any bond where premium is charged annually. Signed and Sealed this 14th day of March 20 03 Financial Pacific Insurance Company &nRklo-bins"on7,Atforn4y-in-Pact [Corporate Seal] STATE OF CALIFORNIA ) )ss. COUNTY OF PLACER ) On this 14th day of March , 20 03 before me Ann Schremp, a Notary Public in and for the State of California, personally appeared DeLena Robinson 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 within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hies/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature ANN SCHREM WMyK. U !� c V.4%