HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-303 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on May 13,2003,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE DISTRICT III SEAT VACANT
-RESOLUTION NO.2003/ 303
SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 8461,being
developed by Lark Place Development, LLC, Alamo area. {District lTl)
The following documents were presented for Board approval this date:
L Map
The final map of Subdivision 8461,property located in the Alamo area,Supervisorial
District DI, said map having been certified by the proper officials.
IC. Subdivision Agreement
A subdivision agreement with Lark Place Development, LLC, 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:
Originator:Public Works(M I hereby certify that this is a true and correct Copy of an action taken
Contact: Rich Lierly(313-2348) and entered on the minutes of the Board of Supervisors on the date
JFI M shown.
0:\GipD&taTrAgsvc18012W313.13-0315UB 8451 130-21AM
ec; Public Works—T.Bell,Construction
Current Pluming,Community Development
T-Much 5,2004 ATTESTED: MAY 13, 2003
Lark Place Devekrpmon&LLC
Peter Branagh JOHN SWEETEN,Clerk of the Board of Supervisors and County
3201 Danville Blvd.#170 Administrator
Alamo,CA 94507
Developers Surety and Indemnity Company
Jocelyn Y.girt
3100 Oak Road,Suite#250u
Walnut Creek,CA 94395 By
RESOLUTION NO.2003/ 303
SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 8461,being
developed by Lark Place Development,LLC,Alamo area. (District III)
DATE: May 13, 2003
PAGE 2
A. Cash Bond
Performance amount: $2,265.00
Auditor's Deposit Permit No. 403899 Date: April 17, 2003
Submitted by: Lark Place Development, LLC
Tax ID Number: 81-0562029
B. Surety Bond
Bond Company: Developers Surety and Indemnity Company
Bond Number: 8680855 Date: April 10,2003
Performance Amount: $225,600.00
Labor&Materials Amount: $113,300.00
Principal: Lark Place Development,LLC
III. Tax Letter
Letter from the County Tax Collector stating that there are no unpaid County taxes
heretofore levied on the property included in said map and that the 2002-2003 tax
lien has been paid in full and the 2003-2004 tax lien,which became a lien on the first
day of January 2003, is estimated to be $72,900.00, with security guaranteeing
payment of said tax lien as follows:
• Tax Surety
Bond Company: Developers Surety and Indemnity Company
Bond Number: 8680875 Date: April 11, 2003
Amount: $72,900.00
Principal: Lark Place Development,LLC
NOW, THEREFORE, THE FOLLOWING IS RESOLVED:
1. That said subdivision, together with the provisions for its design and
improvement,is DETERMINED to be consistent with the County's general and
specific plans.
2. That said parcel map is APPROVED and this Board does not accept or reject on
behalf of the public any of the streets, paths, or easements shown thereon as
dedicated to public use.
3. That said subdivision agreement is also APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2003/303
SUBDIVISION AGREEMENT
(Government Code§66462 and§66463)
Subdivision:
8461-LARK LANA Principal: ARK EL„ACC.,t�PV�L P ANT.LLC
— i
Effective Date: t�t�� Completion Period: 1 year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTtt A COSTA COUNTY E1iS? �
Maurice M.Shiu,Public Works Director LARD.PLACE DEVELOPMENT,LLC
California Limited Liability Company
By:Branagh Development,Inc.its Manager
By:
(Peat r�ea.a side)
COM1aIEND Peter W.Branagh,President
By: cs� )
E ervices Division {Prim iuceelk title)
P Victor J.Westman,County Counsel (NOTE: All signatures to be wkiowledgei if Principal is` must cmd m
with the designated re pros motive groups pursuant to Corporations Code 1313.)
l. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called" a"and the above-mentioned
kdUjll?A mutually promise and agree as follows concerning this subdivision:
2. ZR&QVEM"Q. 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 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).
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(Govenunent 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. IMPROV MEI+IT 5 Cl X11 Y. Upon executing this agreement, Principal shall,pursuant to Government Code §66499 and the County
Ordinance Code,provide as security to the County:
A, ForEcj&m=c od QUKNM. S2j0,QQ cash,plus additional security,in the amount:5226,600,00 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.
Acceptable corporate surety bond.
Acceptable irrevocable Ietter 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 Payt: Security in the amount:SI 13.300.00,which is fifty percent(50910)of the estimated cost of the work. Such security
is presented in the form of.
-- -_ _ Cash,certified check,or cashier's check
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or 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
securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
4. g1j RANTR ANr)WARHAM OF WORK. Principal guarantees that said work shall be free from defects in material or workmanship
and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with
Article%-4.6,"Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work.
The guarantee period does not apply to road improvements for private roads,which are not to be accepted into the County road system.
5. PLANT ESTAB aI 11A4EN T WOR . Principal agrees to perform establishment work for landscaping installed under this agreement Said
plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other
work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant esmabiishment work shall be performed
for a period of one(1)year from and after the Board of Supervisors accepts the work as complete.
6. ZffRMMENT PLAN WARRAM= Principal warrants the improvement plans for the work are adequate to accomplish the work as
promised in Section 2 and as required by the conditions of approval for the subdivision. If,at any time before the Board of Supervisors accepts the work
as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes
necessary to the plans to accomplish the work as promised.
7. NO WAIVER BY COITN`LY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent
or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any
part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill
this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to
comply with any of the terms and conditions hereof.
8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefited and protected by this promise are County and County's special 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 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 auggg lij i_lity are any act or omission(negligent or non-negligent)in connection with the matters covered by this
Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has
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. : Principal shall pay when due,all the costs of the work, including inspections thereof and relocation of existing utilities required
thereby.
10. SUYEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road
Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
II. NON-PERFORMANCE AND COSTS:If Principal fails to complete the work within the time specified in this agreement and subsequent
extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay
all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon
demand.
Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds
to complete and/or maintain the work
Once action is takers by County to complete or maintain the work,Principal agrees to pay all costs incurred by County,even if Principal
subsequently completes the work.
Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal
agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds
to complete the work
12. INCORPORATION/ANNEXATION. It 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,kept as provided in this paragraph,County's rights under this agreement and/or any deposit,bond,
or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against
Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8
(Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation.
13. RECORD MAP. In consideration hereon County shall allow Principal to file and record the final map or parcel map for said subdivision.
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CALIFORNIA
A LL-PURPOSE
ACKNOWLEDGEMENT
STATE OF CALIF NIA )
COUNTY OF )
w
On W � forl me, �" �`-� 4 e zo ,e' ' ,
DATE NAME,TITLE OF OF1=ICE •E.G.,'JANE DOE,NOTARY PUBLIC"
personally appeared, d '• "
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(les), and that by his/her/their
signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,
executed the instrument.
WIT'NE„�hand and official seal.
Co.14245720
(SEAL) o JW i as
NOTARY PUBLIC
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT NUMBER OF PAGES
SIGNER(S)OTHER THAN NAMED ABOVE
RECEIVED
APR - 8 2003
RESOLUTION ADOPTED BYY THE ALIQUOT
BOARD OF-DIRECTORS
OF
BRANAGH- DEVELOPEMNT, INC.
A California Corportation
WITHOUT A MEETING, BY UNANIMOUS WRITTEN CONSENT:
BE IT RESOLVED, that PETER W. BRANAGH, PRESIDENT of this this
corporation is hereby authorized to complete, execute, and..file on behalf of
this corporation a. Final Map for Subdivision commonly known,as TRACE'
N.O. M8 44-74 Lairk Place and prepare or cause #c� prepared. grid fled
such'other documents and take such.action.with respect thereto as may be
necessary 6r'deemed by him to be properly-in connection:the.rewith. {
ON MARCH 15, 2003, the foregoing Resolution was adapted by .the
`unanirr�ous-written consent of;'the Board;of Directors -of said corporation,
without . a meeting; as authorizedk by the duly, adopted By-laws.of.. said
corporation, and said Resolution has not been modified or.revoked and is
now in full force and effect,
IN WITNESS WHEREOF, this Certificate has been .executed and, the.
corporate-seal. hereto* affixed on this 15th day of March;2003.
WILLIAM K. BRANAGH
TH JMAS N. BRANAGH 6±t!inz
PETER W. BRANAG Z_., r'`2,,-- -
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38
COIN�
CHEM Ma ETC. i a;VqlR17
A &AJ4K DEPOSITS $
K*AUDITOR-CONTROLLER USE C+kY
DEPOSIT
PERMIT 1'
.RNUWER
DATE 403/e-99 OPR 17
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a ! , � " fir' ♦ f
COUNTY OF CONTRA COSTA
^° DEPOSIT PERMIT
4OFFICE OF COUNTY AUDITOR-CONTROLIER- ,
'. itE,ASt1itER: MAK Z,CALIFORNIA
EIVED
ORGANIZATIGN NLMAKR`
f�1
(For Gash Colksction PtaceduM see County Adr"Wdratar's W"105.)
DESCRIPTION FUND/ORG ACCT TASK.OPTION ACTNM AMOUNT.
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EXPLANATION: TOTAL 1
DEPOSIT i
irotr*of the fok wing items
COIN and CURRENCY $
CHEM MCI,ETC. $
BANK DEPOSITS '
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
MJMBER
DATE / 7/
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount i3 qVroved Receipt_of above amount is hereby
deposit into the County Treasury. ocknowiedged.
T •
— `` 4Asigna
t
Title' i. `f �, �.EXL +t}' ? Tremum .
Y h'
0649-9665 / 831000: 61115849, $1,000.00, M57-99 Inspection Deposit,
Pickett Development Co., Inc, 2703 Ridgeview Lane, Walnut Creek, CA 94598
0649-9665 / 831000: 61115843, $6,480.00, RA1149 Road Acceptance Civil
Review, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA
94583
0649-9665 / 831000: 61115844, $7,450.00, RA1147 Road Acceptance Civil
Review, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA
94583
06499665 1 831000: 61115846, $55,660.00, Sub 8717 Major Sub Civil
Improvement Plan Review, Windemere BLC LLC, 3130 Crow Canyon PI #310,
San Ramon, CA 94583
06499665 / 831000: 61115848, Lark Place Development, LLC 3201 Danville
Blvd. # 170, Alamo, CA 94507
$7,223.00 50 8461 Plan Check Deposit
$2.900.00 SD 8461 Map Check Deposit
06489140 / 812100: 61115848, $6,498.00, SD 8461 Drainage Deficiency
Fund San Ramon, Lark Place Development, LLC 3201 Danville Blvd. # 170,
Alamo, CA 94507
819800.0800: 61115847, $2,266.00, Sub 8461 Cash Bond, Lark Place
Development, LLC 3201 Danville Blvd. # 170, Alamo, CA 94507
0682-9752 / 819200. 61116172, $1900.00, Trust 1392, Vacations End of
Plaza Or, Martinez, Brian 6ardei, 2908 Leslie Ave, Martinez, CA 94553
Subdivhiun: 8461-DARK LANs
Bond No,: 8680866
Premium: $3,626.00
IMPROVEMENT SECURITY BOND
FOR SUBDIVUTON AGREEMENT
(Performance,Guarantee and Payment)
(California Government Code §§ 66499- 66499.10)
I. I�OIAL OF SUBDIVISION GREEMENT: 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 8461 ---- ,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 lags
and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said
subdivision.
2. QBl.IGATION: PLACE DEULLLC
as principal and Developers Sunaty and Indemnity Company a Corporation
organized and existing under the laws of the State of California —andai&4riwdtoftansact
surety business in California, as surety,hereby jointly and severally bind ourselves, our heirs, executors,
administrators, successors and assigns to the County of Contra Costa California to pay as follows:
A. Performance and Guarantee: Two Hundred Twenty-srac�umnd Six Hnired& i+ ll 00 Dollars
JV26,600 for Contra Costa County or any city assignee under the above County Subdivision
Ageement.
R. Paymenh Qng Hundred thi o ea D/1 Dollars ($113.302.00)to
secure the claims to which reference is made in Title XV(commencing with Section 3082)of Part
4 of Division III,of the Civil Code of the State of California.
3. OSx
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 indenuiify and save harmless the County of Contra. Costa (or city
oss;pnee)its officers,agents and employees,as therein stipulated,then this obligation shall become
nai" anf void,otherwise it shall be and remain in Hill force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
--'WI be included reasonable costs,expenses and fees, including reasonable attorney's fees,incurred
by tha County of Contra Costa(or city assignee)in successfrilly enforcing such obligation, all to be
+°�xc-d 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, arc held firmly bound unto the County of Contra Crista and all
contmotors, 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
famished,labor of any kind,or for amounts clue under the Unemployment Wsumnco Act with respect
to such work or labor and that said surety will pay the same in an amount rept exceeding the amount
herein above set kith and also,incase suit is brought upon this band,will pay,in addition to the fact
amount thereof,reasonable costs,expenses and fres,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 bener t of any and all
persons,companies and corporations entitled to filo claims under Title 15 (commencing with Section
3082)of Put 4 of Division 3 of the Civil Code,so as to give a right of action to thenal 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 effecst,
C. No alteration of:said subdivision agreement or any pian or specification of said work agreed to by
the principal and the County of Contra Costa(or city assignee)shall relieve the surcty from liability
on this bond;and consent is hereby given to male such alteration widwut further notice to or consent
by the surety;said the surety hereby waives the provisions of Califomia Civil Code Section 2819 and
holds itself bound without regard to and independently of any action against the principal whenever
taken.
$19M AVR SEALEIR on April 10, 2003
PRINCIPAL; LAM.ELACE WYELMMLLLQ :SIJR.E7'Y. Developers Surety and Indemnity Company
Address: 3201 DJint&Blvd..#1 70. Address: 3100 flak Road, Suite 260
City: �Zlv. . City: Walnut Creek, CA Zip: 94594
---
BY: 13Y..
`—'Jocelyn Y. Quirt,
Attorne -inF- act
Print Name: Print Rtame: y
Title. 5Wg Placc D-evelQpmoL LLQ Mmum Title: Attorney-in-Fact
{t.'1t3 E � Svo1Fd�+n�t82t WORt�lN-I2.doo
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725,IRVINE,CA 92623•(949)263-3300
KNOW ALL MEN 13Y THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA,do each,hereby make,constitute and appoint:
***Frank R. Olsson, Gordon 3. Fischer, Jocelyn Y. Quirt,jointly or severally***
as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts
of suretyship giving and granting unto said Attomey(syin-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in
connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said
Attorneys)-in-Fact,pursuant to these presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000:
RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute
Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship:
and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney;
RESOLVED;FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and
any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to
any bond,undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these
presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8i°day of January.2002.
-011
RA t/tttt
!t`''>. Od,P API Y O
By David H.Rhodes,Executive Alice President '44 ;P,
OCT �� POq�tn�
"—ZOOg ty; � - OGT.5
1 9 3 6 =mss � 1967
t: tam
By.Walter A.Crowell. Secretary 3rj••lowh,„ ttiir,•`' �'gf1FQR�4
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On January 8,2002,before me.Antonio Alvarado,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on
the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged tome that they executed the some in their
authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the nersons acted.executed the instrument.
WITNESS my hand and official seal. r- ANTONIO ALVARADO
COMM.#1300303
Notary Public Callfornla
./ " ` ORANGE COUNTY �
Signature _ My Comm.Expires APRIL 10,2005
CERTIFICATE
The undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,
does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the
respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine,California,the 10th_day of April 2003
By_ (a '
David 0.Lane,Chief Operating Officer
ID-1380(01/02)
CALIFORNIA ALL-i3URPOSE ACKNOWLEDGMENT No.5907
State of CALIFORNIA
County of Cr)NT.gA Cc)sTA
On April Io, 2003 before me, M. A. ATWATER, NOTARY PUBLIC
DATE NAME,TITLE OF OFFICER-E.M.'JANE DOE,NOTARY PUBLIC'
personally appeared Jocelyn Y. quirt
NAME(S)OF SIGNER(S)
.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 ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their (1
w
signature(s) on the instrument the person(s),
or the entity upon behalf of which the X'i
person(s) acted, executed the instrument.
M. A. ATwaTE -- WITNESS m
_ Cwnmwm#12M"& y hand and official seal.
Nokxy Ll
�
><rarnv
SIGNATURE OF NOTARY
OPTIONAL.
Though the data below Is not required by Maw,it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
El INDIVIDUAL
❑ CORPORATE OFFICER
TME(s) TITLE OR TYPE OF DOCUMENT
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTER(S)
❑ GUARDIANICONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONS)OR ENTITY(IES)
Developers Surety and Indemnity Company SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave..P.O.Bax 7184•Canoga Park,CA 91909.7184
CALIFORNIA
ALL—PURPOSE a
ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
COUNTY OF Contra Costa }
..... .On April 16 2ot73_ befor'e me, Anne Me Neill, Notary libl-fe
DATE NAME,TITLE OF OFFICER-E.G.,`JANE DoE,NOTARY PUBLIC"
personally appeared, Peter W. Branagh
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 his/her/their
signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,
executed the instrument.
WITNE hand and official seal.
:1,1245729F
(SEAL)
NOTARY PUBLIC S)SMA16W& C(>8'rA{aOIM
Eeke"M 2M&
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT NUMBER OF PAGES
SIGNER(S)OTHER THAN NAMED ABOVE
1
RECEIVED
APR " 8 2003
RESOLUTION ADOPTED BY THE ALIQUOT
BOARD OF DIRECTORS
OF
BRANAGH DEVELOPEMNT, INC.
A California Corportation
WITHOUT A MEETING, BY UNANIMOUS WRITTEN CONSENT:
BE IT RESOLVED, that PETER W. BRANAGH, PRESIDENT of.this this
corporation is hereby authorized to complete, execute, and..f:le on behalf of
this corporation a Final Map for Subdivision commonly Rnown,as TRACT
NO. MS -74,; Lark Place and. prepare or cause to prepared and filed
such other documents and take such action with respect thereto as may be
necessary or'deemed by him to be properly in connection therewith.
ON MARCH. 15, 2003, the foregoing Resolution was adapted by� the
unanimous-Written consent of the Board, of Directors of said corporation,
without` a meeting', as authorized by the duly adopted By-laws of said
corporation, and said Resolution has not been modified or revoked and is
now in full force and effect.
IN WITNESSWHEREOF, this Certificate has been executed and, the.
corporate seal.hereto affixed on this 15th day of March; 2003.
WILLIAM K. BRANAGH
THOMAS N. BRANAGH
PETER W. BRANAG
419103 NO AM. $42 8461
Tax Collector's Office William J.Pollacek
625 Court Street Contra County Treasurer-Tac Collector
Finance Building,Room 100
P.O.Bax 631 Russell V.Watts
Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector
0063
(925)646-4122 County Joslyn Mitchell
(925)646-4135 FAX Tax Operations Supervisor
r' 'o
Date:419!2003
IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR
COLLECTION (R&T CGDE 2608) THIS LETTER IS VOID.
This will certify that I have examined the map of the proposed subdivision entitled:
Tract I MS# City Y.R.A.
8461 ALAMO 66016
Parcel#: 198-M-1301-2
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 $72,900.00
This tract is not subject to a 1915 Act Band. 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 bondmust be presented to the County Tax Collector for review and approval of
adequacy of security prior to ding with the Clerk of the Board of Supervisors.
WILLIAM J. POLLACEK,
Treasurer-Tax Collector
By. � �
SUBDIVISION TAX BOND
EXECUTED PURSUANT TO REEQUIREMENT FOR SECURITY UNDER THE
CALIFORNIA LAW RELATING TO SUBDIVISIONS
Known All Men by These Presents: Premium. $1,166.00
That we, JAM PLACE DEVELOP ENT. LLC as principal, and Developers Surety and
Indemnity Company _.a corporation,duly organized and doing business under and by virtue of the laws of the
State of California, and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds
or undertakings required or authorized by the laws of the State of California, as Surety, are Meld and firmly bound
Unto the County of Contra Costa in the sum of Seventy-two Thonsand Nino ed NO/109 22ftn
fS72.9ft lawftil money of the United States of America,for the payment whereof well and truly to be made,we
bind ourselves,our heirs,executor,successors and assigns.jointly and severally.firmly by these presents.
THE CONDITIONS OF THE FORFGO1NO OBLIGATION IS SUCH THAT,
WHEREAS, The owner (s) of a division of land representing a certain subdivision of real estate, to wit.,
Subdivision map intend(&)to fila a map thereof with the Recorder of Contra Costa County,and
WHEREAS, There are no liens against the subdivision or any part thereof for unpaid state, county, municipal or
other 1+M1 tries or assessments collected as tastes except taxes or assessment not yet payable;and
WHEREAS,The provisions of the Government Code of the State of California require that this bond be flied with
the Clerk of the Board of Supervisors of Contra Costa County prior to recordation of the tractlpg rcal map,
NOW, 'THEREFORE, if the above-bounden principal shall pay when due all taxes and assessments, which at the
time of filing said map,are alien against the subdivision,or any part thereof,but tet yet payable then this obligation
shall be null and void;otherwise to remain in full force and effem
The obligation of the surety hereunder shall arise immediately upon the failure of the above-bounden
principal to pay when due to the County of Contra Costa the aforesaid taxes and assessments and shall remain in Bill
force and effect until said takes and assessments,including any supplemental assessments,are paid In full Including
any penalties incurred, In respect to such obligation the surety waives the benefit of the provisions of Section 2845
of the Civil Codc of California.
If legal actdon Is required to recover under this frond, the protection afforded by It shall cover the payment of
reasonable attorney fees.
Signed and sealed this bond,the protection afforded by It shall cover the payment of reason"gamey fees.
Signed and staled this 11th day of Ap r i 1 12003.
BOND NUMBER# 868087S
Principal: Lark Place evelopment 1.U;
y_ DATlg.
ra1'
44
� �W. 8uracah. Mauer BOI�TD.RXVIZWIBD AND APPROVED
Tido t CQNTRA TA 9OUNTY
_
TR UR OLLECTOR .
320 Danville Blvd.,#1 ZQ Alamo, CA g4507 B'Y.
Address
-Developers Surety and Indemnity Company
3100 Oak Rd. , Ste. 26 Wal t Creek, CA 94596
Address
By Gordon . Fischer
Attorney-in-Fact
'Pitle
This must be acknowledged
Before a Notary public
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725,IRVINE,CA 92623+(949)263-3300
KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY
OF CALIFORNIA,do each,hereby make,constitute and appoint:
***Frank R. Olsson, Gordon 3. Fischer, Jocelyn Y. Quirt, jointly or severally***
as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts
of suretyship giving and granting unto said Atiomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in
connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said
Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed.
This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of
DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000:
RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute
Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;
and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney;
RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and
any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to
any bond,undertaking or contract of suretyship to which it is attached.
IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these
presents to be signed by their respective Executive Vice President and attested by their respective Secretary this R"d day of January,2002.
By: .
�.�`'S4� ANY
David
r�
..
David H.Rhodes.Executive Nice President a" �'r�tPORq'" #► pruq +
OCT.5
�j 1$36 .a' 1087
By ti
Walter A.Crowell, Secretary �' sta`'•/O......ka�r r'44IFo?k `t~
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On January Il,2002,before me,Antonio Alvarado,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on
the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their
authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the nersttns acted.executed the instrument.
WITNESS my hand and official seal. V ANTONIO ALVARADO
COMM.#1300303
- Notary Public-California
ORANGE COUNTY �
Signature _ My Comm.Expires APRIL 10,2005
CERTIFICATE
The undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,
does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the
respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate.
This Certificate is executed in the City of Irvine,California,the 1 l thday of April 2003
By
David G.Lane,Chief Operating Officer
1D-1380(01102)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of CALIFORNIA
County of COMRA COSTA
On 4-11-03 before mei M. A. ATWATER, NOTARY PUBLIC
DATE NAME,TITLE OF OFFICER-E.G.,JANE DOE,NOTARY PU 7t IC
personally appeared Gordon J. Fischer
NAME(S)OF SIGNER(S)
personally known to me - OR - Cl 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 ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(les), and that by his/her/their (,
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, executed the instrument.
Y ° WITNESS my hand and official seal.
SIGNATURE OF NOTARY
OPTIONAL
`though the data below Is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
El CORPORATE OFFICER
(S)
71TLE OR TYPE OF DOCUMENT
C7 PARTNENS) 0 LIMITED
El GENERAL
ATTORNEY-IN-FACT NUMBER OF PAGES
-
0 TRUSTEE(S)
C�l GUARDIAWCONSERVATOR
Cl OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERBON(S)OR ENTITY"
Developers Surety and Indemnity SIGNER(S)OTHER THAN NAMED ABOVE
Company
01993 NATIONAL NOTARY ASSOCIATION.0236 Rennet Ave..P.O.Box 7184+Camp Perk,CA 913179-7184
CALIFORNIA
ALL-PURPOSE
F
ACKNOWLEDGEMENT
STATE OF CALIF NIA )
COUNTY OF )
e
On befoed'me,
r ,
DATE •NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC"
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 within instrument 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 instrument the person(s),or the entity upon behalf of which the person(s)acted,
executed the instrument.
WITNES and and official seal.
N, cof«i
Me 06-1
_Z'e1_'aj C. (SEAL) -aluW
NOTARY PUBLICslemallom JUL 2
OPTIONAL INFORMATION
TITLE OR TYPE OF DOCUMENT
DATE OF DOCUMENT NUMBER OF PAGES
SIGNER(S)OTHER THAN NAMED ABOVE
RECEIVE
APR - 82003
RESOLUTION ADOPTED BY THE
ALIQUOT
BOARD OF DIRECTORS
OF
BRANAGH DEVELOPEMNT, INC.
A California Corportation
WITHOUT A MEETING, BY UNANIMOUS WRITTEN CONSENT:
BE IT RESOLVED, that PETER W. BRANAGH, PRESIDENT of this this
corporation is. hereby authorized to complete, execute, and...file on behalf of
this corporation a• Final Map for Subdivisiori commonly, known,as TRACT
NO. IVIS 44-74,: - Lark'.Place and prepare or'cause to prepared."and fled
such'other documents and take,such.action.with respect thereto as may be ..
necessary or deemed by him to be properly-irt connection therewith.
ON MARCH 1,5, 2003, the foregoing . Resolution was adapted by .ttie
unariimous-written consent of 'the Board. of Directors-of said 'corporation,:
without` a meeting, as authorized by the duly adopted By-laws'.of said
corporation,_ and said Resolution has not been modified or 'revoked and is
now in full force and effect.
IN WITNESSWHEREOF, this Certificate has been .executed . and the. ..
carporato seal.hereto affixed on this 15th day of March; 2003.
WILLIAM K. BRANAGH
THOMAS.N. BRANAGH 2��
PETER W. BRANAGI�,.,