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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-235 ce# CONTRA COSTA Co Reorder Office DOC L 20b-0174681-00IR Clerk-Recorder Recorded at the request of: Contra Costa County DOC— Hoard of supervisors Wodnesd*y,, RPR 16, 2003 12:06:33 Return to: FR $0.Public Works 00 Engineering Se rvices Division Tnt l 1 Pd U %r-(A11432735RS Records section 1 C R 1 W THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 15, 2003,by the following vote: AYES: S1ERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO.2003/ 2.35 SUBJECT.': Accepting completion of private improvements for Subdivision 8430, Brentwood area. (District III) The Public Works Director has notified this Board that the private improvements(Lakeshore Circle and Keystone Loop)in Subdivision 8430 have been completed as provided in the Subdivision Agreement with Hofmann Land Development Company, heretofore approved by this Board in conjunction with the filing of the Final Map. PE:tm 0-.'GrpDe1aWvcTorms1B012003*I5-031St7B 8430 BO.45.doe Originator: Public Works(ES) i hereby certify that this is a true and correct copy of an action Contact: Rich Lierly(313-2348) taken and entered on the minutes of the Board of Supervisors on cc: Public Works -Tax T.D.Fed 68-0419482 State 02118238,Accounting the date shown. -T.Hell,Construction Div. -J.Florin,M&T Lab ATTESTED: ,Alit 15, 2QQ3 H.Pinch,Maintenance Div. -I.Bergeron,Mapping Div. JOHN SWEETEN,Clerk of the Board of Supervisors and -P.Edwards,Engineering services County Administrator Recorder(via Clerk),then PW Engineering Services Sheriff-Patrol Div.Commander CHP,c%Al CSAA—Cartog Hofmann Land Development Company By 'Deputy 1380 Galaxy Way Concord,CA 94520 The American Insurance Company One Market Plaza,Spear Street Tower San Francisco,CA 94111 RESOLUTION NO.2003/ 235 SUBJECT: Accepting completion of Private Improvements,Subdivision 8430,Brentwood area. (District III) DATE: April 15, 2003 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the private 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/SURETY October 2, 2001 The American Insurance Company BE IT FURTHER.RESOLVED the payment(labor and materials) surety for$487,450.00, .Bond No. 11141714169 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 the private improvements have been COMPLETED and the roads are NOT ACCEP'T'ED NOR DECLARED as County roads at this time. BE IT FURTHER RESOLVED that there is no warranty period required, and the Public Works Director is AUTHORIZED to refund the$9,700.00 cash security for performance(Auditor's Deposit Permit No.371880,dated July 23,2001)plus interest in accordance with Government Code Section 53079, if appropriate, to Hofmann Land Development Company pursuant to the requirements of the Ordinance Code. BE IT FURTHER RESOLVED that there is no warranty period required, and the surety (performance)bond is EXONERATED. RESOLUTION NO, 2003/235 Alk Y SUBDIVISION AGREEMENT (Government Code S66462 and 566463) ''' Subdivision-, '843a '� �* � % SubdividerstsT"r+tittR►'l L.Ltrtf �tirf' f Co Effective Date: """ '�j __ ��" Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: {3NTRA COSTA Cp ld i(�`,'1DElt t-�c► ai1A 1—ae!X . DeyelOprrfAi CO. Maurice M.Shiu,Public Works Director By- .� {t4im Dune&sitk} A.- --. �/t G2 vJ t �l'�"✓�G�tt ot� By: {spry En n ervices Division ( a tide} FORM APP 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. PARMU 13 Effective on the above date,the County of Contra Costa,California,hereinafter called" ",and the above-mentioned S r1d'y ,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMEN1"TS. 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 in accordance with accepted rexluired b the California Subdivision Map act(Govanmcnt Code 5566410 and following),in a goad warkrnuslrlce manna, Construction practices and in a manner equal or superior to the is of the County Ordinance Cade and rulings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter reluirernents shall governs. 3. 2MQM2=SECURITY Upon executing this Agreement,the Subdivider shall,pursuant to Government Code S66499,and the County Ordinance Code,provide as security to the County: A. For P orm id t11_re: S 7 7®CI,— ash,plus additional security,in the amount of S AMS7, , 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. 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 raY1 nt: Security in the amount of S which is fifty percent(500/4of the estimated Cog of the work. Such security is presented in the form of: r Cassis,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 ranting equipment or fbrnislrisasg labor or materials to than or to the Subdivider.Upon acceptance of the words 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 S94-4.408 of the Ordinance Coda v 4. OUAMw't'FE AND WARRANTY OF-WORK. Subdivider 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 96-4.6,"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 Wd1rK. 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. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by thl 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 WAVER 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 shalt 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 indeMities benefitted and protected by this promise are the County,and its special district,elective and appointive boards, commissions,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 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 actions causing liability 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. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plans)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. SURMS. 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. 11. NON-PERFOR_MMCE AND COSTS: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.)imezrodiately 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,every if Subdivider subsequently proceeds to complete the work. 12. INCMORA"► M&NMAINN. 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,except as provided in this paragraph,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. The provisions of paragraph 8(Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RBS. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. xr::mwkw o-VhPD**WA$VtT* n$AAo woRZAAG-30r2.dor Rev. Apil 6,2000 Afft CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California ) ) SS. County of Contra Costa ) On August 30, 2001, before me, D. Panteles, a Notary Public in and for the State of California, personally appeared A.T. Shaw, personally known to me to be the person whose name is subscribed to within instrument, and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the.instrument the person(s), or entity on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal D. PANTELEs ® Comm,/1296585 ��nn NOTARY PUettC•CAMRNfA U/ Contra Coste County o. Signature my Comm.Expires Alueh9,2OO6`+ u:sssssxts:wsmz:s:rs.�^:�s«:s::s�:ssr„ns.�s,„„cs,»assss::ssssssxsnrsmsts».susstss�sx+sass.«:. st�ra�:su..ass:ssas:r:r�:t;sasssss:sss:sras:.ssstsssssrass:.�::rss:ssssssttssxe�:s.�szsm�ssx.:«i Reference: Subdivision Agreement—Subdivision 8430 Lakeshore 4 Date: August 30, 2001 Pages: 2 ACTION BY THE BOARD OF DIRECTORS OF HOFMANN LAND DEVELOPMENT COMPANY BY WRITTEN! CONSENT WITHOUT A MEETING The undersigned, being all of the present directors of Hofmann Land Development Company, a California corporation, Individually and collectively consent, by this writing, to take the following actions, to adopt the following resolution: RESOLVED, that the corporation authorizes A.T. Shaw to execute, in his authorized capacity as CEO/Pre.$ident, any and all documents related to the purchase and sale of real property, any and all documents related to-the approval of tentative and final subdivision maps, and any and all documents related to land improvement agreements, such as subdivision agreements, and any and all bond agreements. This consent is executed pursuant to section 307, subdivision (b) of the California Corporations Code, which authorizes the tailing of action of the Beard of Directors by unanimous written consent without a meeting. Dated: August 1, 2000 o�20--- KennetfN.AbAka n, 'Director Albert T. Shaw, Dl or . ennon, Director C7o7mas A. Whalen, DI Dennis M. Draw, Director Richard L. Greene, Director CERTIFICATION OF SECRETARY I, Dennis M. Drew, do hereby certify that I am duly elected and qualified Secretary and the Deeper of the records and corporate seal of Hofmann Land Development Company, a California corporation organized arid-existing under the laws of the State of California, and that the above is a true and correct copy of a resolution duly adopted by the Board of Directors thereof, and that such resolution is now in full force and effect. ff• Dennis M. Drew, Secretary Date: ' Z y1 COUNTY OF CONTRA COSTA I + 6EPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER; MARTMZ,CALIFORNIA RECEIVED FROM t ) ORGANIZATION NUMBER � (For Cash Collection Procedures.sea County Administrator's I vileetin 105.) DESCRIPTION FIAlq/ORQ SUIL ACCTTASK OPTION ACTIVITY AMOUNT - 1 ALL I'll I 064699 Vzoods �ewp 0035.26 513 61406 1666106 ,645 I i r f r t I t r I t t .. r r I I t i t E>�PLANATIONTOTAL 1 . i0b oa 33" 6 1 oloo X 3 5 DEPOSIT rt s f z Deposit consists of the fo&wAV item COIN oaxf CURRENCY $ CHECKS,lvi tS M S 5';?u FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT NUMBER w �q7 BATE The amount of money descried above is for Treasurer's receipt of above amount is approved.. Receipt of above amtxO is hereby deposit-Wo the County Treasury. ockr awle „ Signed Dais Title. `% EXT. � � �. r -34 REV.(7-93)'r t ?-l/ 0649-9665 1831000. G1060234, $20,034.70, RA 1114 Improvement Plan Review, Shapell -Industries of No. CA, 100 North Milpitas Blvd, Milpitas, CA 95035 0649-96651831000: G1060235, $47,370.50, SUB 8430 Inspection Fee, Hofmann Land Development Co, 1380 Galaxy Way, Concord, CA 94520, TAX I.b# 68-0419482 819800: t k of mann Land Development Co, 1380 Galaxy Way, Concord, CA 94520 Subdivision: 3� Bond No.: 111417 14169 Premium: $ , 8 . IMPROVEMENT SECURITY BOND FOR SUBDI'VIMN AGREEMENT (Performance, Guarantee and Payment) - . (California Government Code §§ 66499 - 66499.10) 1. At OF SU13DIVISION AGREEMEJVT: 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 S�t30 , 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. OBLI &UON: a n .L.a,td V eve/?_n elc o•fit'''°`^y as principal and THE AMERICAN 1N5URAyCE COMPANY . a corporation organized and existing under the laws of the State of Nebraska 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: N1;ve 1"Ye ` &~xd 9'7wa .��dt'eca� Dollars($ ` �'+: ..2�• 2& )for Contra Costa County or azny city assignee under the above County Subdivision Agreement._ B. Payment: a ur rlv.td e ear %a k 7y 5#v,erg 7o oom-tr,�,F�.•r t�aAcbTe 97?—^1 Y Dollars 7 ($ `46 , IV 5'0 . ° )to secure the claims to which reference ismade in Title XV (commencing with Section 3082.) of Part 4 of Division 11Y of the Civil Code of the State of California. 3. !CoND-MQN: A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal, or principal's heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided, on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city- assignee) its officers, agents and employees,as therein stipulated,then this-obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs, expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation., as to Section (2.8.) 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 tW 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 bytl�e 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. SIS, RD AND SKAJEDon September25, ZOOI " HOFMANN LAND DEVELOPMENT CO. _ THE AMERICAN INSURANCE- COMPANY PRINCIPAL: SURETY: Ad 13$ Ga axy Way Address: Market Plaza, ear St. Tower City: Concord, CA 'p: 94520 CityySa Fran c , CA yip: 94111 d f <. By: By: Ka-Engeen Bryant 'A T.T-ornrn F"c Print Name: A t /. HA GV Priv Nai(ne: Title: pp_ a e Alf Title: Attorney-in-Fact a � a:Ktrpa.1n%#SSycWm*\8N WORMN-12.doc key.Novanber 21.2000 Aft CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On September 25, 2001 before me, Sandra Fredrickson, Notary Public, personally appeared Kathleen Bryant, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed her instrument. Witness my hand and official seal SMDRA FREORlCKSON COMM.012873" NOTARY PUMIC-CAUPORM A� � CONTRA COSTA COUNly COMM.EV.DEC.10,2004'a !i!i!!##iiia!/!/iii!/i ii!#i#iliii/ii#iii■!!i/iiia!#■i!■!■■■ii i!!i#/iii//i!!i OPTIONAL t#i/won/#not■#i#i■i!/■iii■i■/■/■■/iiia///iii!/i/i!/iii/!■■!gewgaws"lin!*Hies Though the data below is not required by taw, it may prove valuable to persons retying on the document and could prevent fraudulent reattachment to this form. CAPACITY CLAIMED BY SINNER: Attorney-in-Fact SINNER IS REPRESENTING: THE AMERICAN INSURANCE COMPANY AMMEMAN'S FUND INSURANCE COMPA NATIONAL SURETY PORPORATIN ASSOC ED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That FIREMAN'S FUND INSURANCE COMPANY,a California corporation,NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation mdomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein codteetively called 'the Companies')does each hereby appoint JAMES C. JENKINS, KATHLEEN BRY'ANT, CONCORD CA their true and lawful Attorney(s)4a-Fact,with full power of authority hereby conferred in their name,place and stead,to execrite,`scal,acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,seated with the corporate seals of the Companies and duty attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in.the premises This power of attorney is granted under and by the authority of Article VII of the By-laws of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION sad AMERICAN AUTOMOBILE INSURANCE COMPANY which provisions ane now in full force and effeei- This power of attorney is signed and seated under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY,NATIONAL SURETY CORPORATION.THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duty called and held,or by written consent,on the 19th day at March, 1995,and said Resolution has not baa amended or repealed: 'RESOLVED,that the signature of any Vice-Presiderat Assistant Secretary,and Resident Assistant Secretary of the Companies,and the seal of the Companies may be affixed or printed on any power*(attorney,on any revocation of any power of attorney,or on any ocrtilicate miatinll;thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid sad binding upon the Companies' IN 'WITNESS WHEREOF, the Companies have caused these presents to be signed by their Vick-President, and their corporate.seals to be hereunto affixed this 2 Stb day of Seq ambc.Z 1998 . ataarr dr, earl FIREMAN'S FUND INSURANCE COMPANY t+ r c L► otiwn� p NATIONAL SURETY CORPORATION '`••��M ` ° `'yam THE AMERICAN INSURANCE COMPANY ASSOCIATED INDemrrYCORPORATION M AMERICANAUrOMOBILE INSURANCE COMPANY �} +.......•• By STATE OF CALIFORNIA COUN`t V OF MARIN Oat this day of_SA ,f„M{ t >before me personally cure M.A.Mallonee to me known,who,being by ret& duly aw+ortt, and sty; is a VV` rKr�'�ea�of oantpany,described In and which Int - tnstntmeat; he knaves themals of the sat$$. Companies~that the seals of sed so the add Instrument are such company seals;that they wen so affixed by order of tyle Board of Directors of said comQanies axd•that he signed Ila name thereto by Iika ordee IN WITNESS WHEREOF,I haws baso do act hay hand sad affitcod my offwW sesi,.the day and year herein first above written. L OCAMPO CofruttkOW#1163726 mom county 4bWCZffMBq*WN0Y28,200I t+w,rr rrtrtte cEIr�ICA� $TATE OF CALIFORNIA IS& COUNTY OF MARIN 4 char wadersigned,Resident Assistant Secretary of tacit company,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full(0100 Wait has not beta revoked;sad fiaathe rmew that Article Yat of the Bylaws of each company,and the Resolution of the Board of Divoctors;set forth is the Power ofArtorruy, attar now le force. , Signod tad aa"at the Candy of Maris.Datta the 25 t day September 2001 , �` +late•mow• i,r�� �� � !d # • S � aara:asro �ar aC A L � �•+......+.fes* 'VTC Co 'tae#eA"`- O:tegtS.�"' aledakat Asa Satmcpry :i6mT89�11-� Tatx Collector's Office William J.Poliacak 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.0.Box 631Joseph L.Martinez Martinez,California 94553- Costa Assistant Tax Collector 0063 r� (925)646-4122 County Ity Joslyn ration Mitchell (925)646-4135 FAX _+� Tax Operations Supervisor Date: 8/30/2001 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract 1 MS# City T.R.A. 8430 BRENTWOOD 60060 Parcel#: 011-230-010-8 011-230-011-6 ' 011-230-014-0 011-230-015-7 011-230-016-5 011-230-017-3 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 2000-2001 tax lien has been paid in full. Our estimate of the 2601-2002 tax lien, which became a lien on the first day of January, 2001 is $97,700.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILL M J. P E , Trea ure -Ta e r By: Fireman's Fund Insurance parry 11141714003 The American Insurance Company National Surety Corporation Associated Indemnity Corporation American Automobile Insurance Company Rider in consideration of the premium charged,is is understood and agreed that: Effective from the 4th day of September BOND BE' AMENDED' TO ADD:. TRACT NO. 8428- and TRACT NO. 8430 C U0 P y DiTIN. /W NM . L►CaI Wff Lt�iCS" x . 7y,'�0rr}.(Sabiiiviv 0n Br .r.r`r+....r 4!1L�,,,7 r BOND AGAINST TAXES Provided,however,that the liability of the under the attached-bond and under the attached bond as changed by this rider shall not be cumulative. Nothing herein contained.Miall be held to vary,waive,alter or extend any of the terms,conditions,agreements or warranties of the undermentioned bond,other than as scared above. Attached to and forming a paq of Bond Na 1 141714003. %r issued by the THE AMERICAN` 1NSURAN COMP ANY dated the 18th dayof_ Jui_y 2001 HOFMANN LAND DEVELOPMENT.- COMPANY on behalf of .,and in favor or COUNTY OF CONTRA COSTA- Signed this 4th day of September 2001 THE AME CAN URANCE C Y S By. ae ryran t Attorney-in-Fact 3W270-11-99 * ••y + a � 1 r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT WgI.11.11,11 111 1111State of California County of Contra Costa ss° On 9/4/01 , before me, BERNICE ELIZABETH QNEA1.; } Da» Narm and Tft of Olfiur{..y„'Jw*Doc,No"PubM* personally appeared KATHLEEN BRYANT Nance{i}Of$ipnM!(9) ' M personally known to me D proved to me on the basis of satisfactory evidence to be the personW whose name(} is/Ate subscribed .to the within instrument. and acknowledged to me that*she/Iey executed the same In **her/ftir authorized capacity(106), and that by h1+f/her/t it -------- signature(*}on the instrument the person(io,or BER ELIZABETH ONE the entity upon behalf of which the personba) i COMM. 1185793 acted, executed the instrument. NOTARY PUBLIC-CALlFMNfACONTRA COSTA COUNTY My COMM E�r1—-1-ne tt 2002{ NESS my Mand and lclal seal. R Ploor Nobly$.d Above $Oah"of No"P OPTIONAL Vwugh the 17fomwWn below Rs not required by law,ii may prove valuable to persons relyfnq on the document and could prevent fraudulent removel and reattachment of this form to another document Description of Attached Document `title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capaclty(les)Claimed by Signer Signer's Name: Cl individual Top of n axnb nen 0 Corporate Officer---Title(s): d Partner--0 Limited 0 General N Attorney In Fact d Trustee 0 Guardian or Conservator C1 Other. Signer Is Representing: THE AMERICAN INSURANCE `COMPANY 0 1997 Na I-W terry AnodoWn•5358 De Sora Ave.,P.O.Box 2402• CA 913132402 Prod.No.5907' PAOrder:00 TWFne 1-$00-3764W x.`� y• MAN'S FUND INSURANCE C:OMPA - NATIONAL SURETY CORPORATIW ASSOC ED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER.OFA'ITORNEY KNOW ALL MEN BY THESE PRESENTS:That FIREMAN'S FUND INSURANCE COMPANY,a California corporation,NATIONAL SURETY CORPORATION, ZIllinois corporation, THE AMERICAN INSURANCZ COMPANY, a New Jersey corporation redomestieated is Nebraska. ASSOCIATED INDEMNITY UCPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the Companies")does each hereby appoint FAMES C. JENKINS s KATHLEEN BRYANT, CONCORD CA their true and lawful Ailomey(s)-in-Fad,with full power of authority hereby ranrereed in their name,place and stead io execute,-seal,acknowledge and deliver any and all bonds,undertakings,recognizsnces or other written obligations in the nature thereof and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premiseL This power of attorney is;granted under and by the authority of Article VII of the By-laws of FIREMAN'S FUND INSURANCE COMPANY,NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AU'T'OMOBILE INSURANCE. COMPANY which provisions are now in full force and effect This pmw of stummy is signed and sealed under the authority of the following Resolution adopted by the Board-of DimCUU"Lof FIREMAN'S FUND INSURANCE COMPANY,NATIONAL SURETY CORPORATION,THE AMERICAN INSURANCE COMPANY,ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held,or by written consent,on the 19th day of-March,1993,and said Resolution has not been amended or repealed. "RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies,and the seal of the Companies may be sfftxed or printed on any power of attorney,on any revocation of s!y power of attorney,or on slay c ertifiate mWin;thereto,b facsimile,and any power of attorney,any revocation*(any power of attorney,or centr mte bearing such facsimile signature or facsimile seal shall be valid ami binding upon the Companies." IN WITNESS WHEREOF, the Companies have caused these presents to be signed by their Vice-President, and their corporate.seals_to be hereunto affixed this-.15th day of• rttPptembar - •-8— FIREMAN'S FUND INSURANCE COMPANY ``,.e*;.ter' .' .•-« r'y yf-' .. NATIONALSUR sE"rYCORPOttATION Ww."Io r ~� o • '+ - THEAMERICAN INSURANCE COMPANY sw r 3, as s x>r• ASSOCIATED INDEMNmY CORPORATION • r ., G r T ' AMERICAN AUTOMOBILE INSURANCE COMPANY ,o j-•,«s,w•i f'Nra cor'z '""�4�'�eSs+�` - 'A.tarn,�". BY STAT E OF CALtPORNtA COUNTY OF MAKIN Oa this 25tb day of S 'before me personally carne bL A.Mallowe to me knows,who,being by mase duly srtom do sepost said ssmys aapo- tomcat of coatpusar,drxeri6ed irl and which 6c knows tfus'arab d the fid•. that da:steals affixed to the said instxumm amuck company scat;that they were so affixed by orderof tife Hoard of Directors of Bald companies and,that he sigrsod hist sum dtetuo by film order _ IN 11 Tn IHSS WHEREOF:I have bemunto ad sty hand and affixed sty official seat,•the day Bard year herein first above written. I~tCAWM Caalrr>is3to1 0 11 4=6 Main C4wty 6WC0rMExI*eSAN2B.20D1 ftrttn CERIMCATE •VrAT'E OF CALIFORNIA SL COUNTY OF MAKIN I.the vadmIped.Resident Assistant Secretary*(em*ompany,DO HEREBY C E[CnFY that the fm�e�m1sig shad stacked POWER OF AT WRNEY remains in full force and has not bees revoked;and furthermore*9 Article VI By-Iaws of each company,and the Resolution of Use Board of Directors;act forth in the Power of Attorney, ars sow In force. Sipsnd and sealed at the C�of Maria.Dated the 4th day of September 2001 �. •r.It + r • 4 sraseaw I W•+s. d •..«.w"'+ Ci# #tt� 0tpr�ll Not"AasWWSeaewY TI-9$