HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-349 aril
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 3, 2003,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
DISTRICT III SEAT VACANT RESOLUTION NO. 2003/349
SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 6-99,
being developed by Ziegler Family Trust, Walnut Creek area(District III).
The following documents were presented for Board approval this date:
I. Map
The parcel map of Subdivision MS 6-99,property located in the Walnut Creek area,
Supervisorial District III, said map having been certified by the proper officials.
II. Subdivision Agreement
A subdivision agreement with Ziegler Family Trust,principal,whereby said principal
agrees to complete all improvements as required in said subdivision agreement
within one year from the date of said agreement. Accompanying said subdivision
agreement is security guaranteeing completion of said improvements as follows:
I hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors
Originator:Public Works{Psi
Contact: Rich Lierly(3132348) on the date shown.
M-nn
G:1OrpDatalEngSvc1BQ12003t6.3-03NS 6-99 BO-21.doc
cc: Public Works--T.Bell,Construction
Current Planning,Consrnmity Development ATTESTED: JUNE 03y— 2003
T—April 3,2004
Ziegler Family mat JOHN SWEETEN,Clerk of the Board of Supervisors and
David Ziegler&Susan Ziegler(Co-trustees) County Administrator
270 Monticello Delve
Walnut Creek,CA 94593
Financial Pacific Insurance Company
Kevin P.Easterly
3850 Atherton Road By _ --- y Deputy
Rocklin,CA 95765
Renet Express Realty
John Maes
1910 Olympic Blvd.,Suite 314
Walnut Creek,CA 94596
RESOLUTION NO.2003/ 349
SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 6-
99, being developed by Ziegler Family Trost,Walnut Creek area(District III).
BATE: June 3, 2003
PAGE: 2
A. Cash Bond
Performance amount: $3,078.00
Auditor's Deposit Permit No. 405627 Date: May 21, 2003
Submitted by: Ziegler Family Trost
Tax ID Number: 083-309-956
B. Surety Bond
Bond Company: Financial Pacific Insurance Company
Bond Number: 5701373 Date: May 13,2003
Performance Amount: $304,722.00
Labor&Materials Amount: $153,900.00
Principal: Ziegler Family Trust
III. Tax Letter
Y
" 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 $6,900.00, with security guaranteeing
payment of said tax lien as follows:
TwC Surety
Bond Company: Financial Pacific Insurance Company
Bond Number: M701374 Date: May 14, 2003
Amount: $6,900.00
Principal: Ziegler Family Trust
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 N0. 2003/349
(
SUBDIVISION AGREEMENT
(Government Code 566462 and 566463)
Subdivision: s ?t a C®4 Effective Date: -_-- J' /'3 e3 3
Subdivider. , L L(re...V '7c ,U17Completion Period:
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COM1+' SUBDIVIDER
1'.t *Y,*3 *Public Works Director
Maurice Shiu
r ,r'
RECOMM ZUM 1+OR APPROVAAT
Engineerin��Z=tcolr"J.
D 'cion t a mky z
Westman,County Counsel `~ -'Z—Y �
ar (NOTE:AS�siivist_u,_ra to be If is" si
y aatirre't must aonfarn with the,dear r' itivo V=:ps pursuant to Cee`
porstiom Cade 8313.)
1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called" " and the above-mentioned
Subdivitim mutually promise and agree as follows concerning this:subdivision:
2. IMPRO)VE11riENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements.signs,street fights,
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 acc 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 shalt govem.
3. 60U=SECtn?rPs+`. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code 566499,and the County
Ordinance Code,provide as security to the County.
A &EMformance Girsrrantee S 10 .d) cash,plus additional security,in the amount of 00,q 7��,_VO which together
total one hundred percent(100°/r)of the t�tima cost cif 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,ity,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. Far Pavrrrerit Security in the amount of Ste. 9d t' which is fifty percent(M*/*)of the estimated cost of the work. Such
security is presented in the form of-
Cash,
fCash,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. N
C. Upon acceptance of the work as cornpletc by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced
in accordance with 594-4.406 and 594-4.409 of the Ordinance Code.
4. GjjAEAb=ANDWABZAMXOFW-0RK Subdivider guarantees that said work shall be free from defects in material or workmanship and
shall perform satisfactorily for a period ofone(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 mad system.
# A
5. EJAM ESTABLMOAENT N_(Z& Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant
establishment work 9W consist ofadoquattly watering plants,rq*cing unsuitable plants,doing weed,rodent and other pest control and other work determined
by the Public Works Department to be nccvssW 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. 2RRQMEh=ELM 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. N
�0 WAIM BY 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 pad themfoomplies with the requirements of this Agreement,or acceptance of the whole or any pan of
said work arWor materials,or payments,therefor,or any combinatim or all of thew 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.
S. 2D2EhQU Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards,commissions,
officers,agents,and employees.
B. The liAbilitio 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,pro"damage,inverse condemnation,or any combination of thew,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 jimceeding(s)concerning said liabilities and claims.
C. The wdom glUffinghabilil7t am 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. The promise and agreement in this section am not conditioned or dependent on whether or not any Inderrinitec has prepared,
supplied,or approved any pkat(i)or specification(s)in wrinection 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. SULYEYS. 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-EE&F0&MA=E AM COSTS:If Subdivider fails to complete the work within the time specified in this Agmmcn4 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,contrsct,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.
12. 1NCQ&WRATQNA=XAj= If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory
incorporated as a city or is arinexod 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.
13. RECORD M&E. In consideration hereof,County shall allow Subdivider to rite and record the Final Map or Parcel Map for said Subdivision.
N
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
t
State of California
County of
�J ss.
On OLA4 before me, I C iJ►✓1 F'-� L
Date { Name Title of Officer `J=rte Doi Notary PuiNtcry
personally appeared oW 1
Na of Signer(s)
❑personally known to me
❑ 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
RO61N GAiI_HOLLJDAy� capacity(ies), and that by his/her/their
fit
Commission 1388858 signature(s) on the instrument the person(s), or
.: Notary Public-Caufomia the entity upon behalf of which the person(s)
Contra Costa County acted,executed the instrument
W Comm.Expires Dec b,2004
WI SS my hind l ea
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Signature of Notary Public
OPTIONAL
"hough the information below Is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Athiched Document
Title or Type of Document: _5010as� 1"K
lllu13 Ll
Document Date: _ Number of Pages: _ _
Signers)Cather Than Named Above:
Capacity(les) Cie by Signer
Signer's Name:
❑ Individual Tap of thumta here
❑ Corporate Officer--Tltle(s): .
❑ Partner—❑Limited ❑General
❑ ttorney-in-Fact
Trustee 4, .
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
C I"g National Notary Association•9350 De Soto Ave.,P.O.Sox 7A02•Chatsworth,CA 91313.2402•wor mnetiona!notary.org Prod.No.5907 Reorder:Call Tell-Free 1.804.878.8&'7
S
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ty b iaL ss.
Coun of l
On L _ before me,RJO/n
I-D Name and 7ft of Cfftor(e.g.,Jarle Doe,Nole?Y PukNe)
personally appeared ' !lL°- 1
Nam Signer(.)
❑personally known to me
❑ 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
ROBIN GAO'HOItIDA
commission acknowledged to me that he/shetthey executed
#1398868 the same in his/her/their authorized
Notary PUbk.Co tomb capacity(fes), and that by his/her/their
Contra Costa county - signature(s)on the instrument the person(s), or
MV r- t>sn a Dec b,2006 the entity upon behalf of which the person(s)
acted,executed the instrument. e
WI ESS my ha and offcial se I.
i.'
Signature M Nahry Patalla
OPTIONAL
Though the information below is not required by law,It may prove valuable to persons retying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Atthched Document
Title or Type of Document: CSW S 1 ,,c f
Document Date: t !� , 2ZQ _t> Number of Pages:
Signer(s)Cather Than Named Above:
capacity(les)Cie ed by Signer _ .
Signer's Name: )
❑ individual Toll of thumb here
❑ Corporate Officer--Title(s):
❑ Partner—❑Limited ❑General
❑ Attomey-in-Fact
'9 Trustee
❑ Guardian or Conservator
❑ Other-
Signer is Representing:
01899 National Notary Anoclation•9350 Do Soto Ave.,P.O.Bax 2402•Cheffiwodh,CA 91313.2402.-www.notionalnotaryorg Prod.No.6907 Reorder.W Tall-free 1-900.879-8.27
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COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER ,# '
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM
- ORGANIZATION NUMBER
(012orNx26-)
(Par Cash Colle lion Procedures sae County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. SU& TASK OPTION ACTIVITY AMOUNT
CT
$
572.75.'X
I
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EXPLANATION: TOTAL $ f
DEPOSIT
Dep ' consists of the foi{awing iterrn
COIN and $
CHECKS,WO,ETC.
BANK DEPOSITS $ �--=`
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSI
PERMITT DP—4-0 z_
NUMBER
DATE
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hemby
deposit into the County Treasury. ackrraw
t r��L Signed- fid;
Title. r 't-{yrs X f j `- D County Deputy County Treasurer
3-34 REV(7-93)
n_ K � f' k; _
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT �
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER:
MARTINEZ,CALIFORNIA
RECEIVED FROM
ORGANIZATION NUMBER
t-' f y (Orgai-tion)
(For Cosh Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG SUB,QCT TASK OPTION ACTIVITY AMOUNT
I
i
7� 5 T. .
L r
I
t Lp ' I
,I I
no
llf� 71 1,01
i
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EXPLANATION: TOTAL $
C (f DEPOSIT
G' � � I f ' consists of fine fc�{lowir�
�} and CURRENCY $
_—__ _LL•'f�3
1 ;f C KS.MQETC $
�( BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT
NUMBER ��
DATE 40%27 M f Y 21703
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above a nt is hereby
deposit into the County Treasury. ac
d: °d: ( .
Tula ['7 j1'MT. ?� ', ,f Sika County DetwtY County Treasurer
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT 3
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ,CALIFORNIA
TO THE TREASURER:
RECEIVED FROM
ORGANIZATION NUMBER
(For Cash Collection Procedures see County Administrotor's Bulletin 105,)
DESCRIPTION FUNDJORG ACCT TASK OPTION ACTIVITY AMOUNT
5 8 _'jl'
I
glqE
1
40 77 B �-� 'oet
I
.I ILI I I el& 7�
L .� ?.5 j a
K 3175 1,
00
I Rov I zv1106
i
I I ILI I I 1 1 -1 1
1
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EXPLANATION: TOTAL $ I
DEPOSIT 1
DeposiT�Q#the€olbwing items
COIN and CURRENCY -
CHECKS,KO ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER
DATE
J "7
ASSIGNED t_--- I
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt amount is hereby
sit into the County Treasury. acknowledge .
Signed:
Title: jEXT, - - � Deputy ty ito Deputy County Tmasurer
3-34REY(7-93) j
0649-9665 / 831000: G 1116386, 1,000.O0, Sub 8158, Landscape
Inspection , Windemere BLC Land Co. LLC, 3.130 Crow Canyon PI #'310, San
Ramon, CA 94583
0649-9665 / $31000: G 1116388, $ 504.00, Sub 8149, Pian Check,
Windemere BLC Land Co. LLC, 3130 Crow Canyon PI #310, San Ramon, CA
94583
0649-9665 / 831000: G 1116389, $ 500.00, Sub 8150, Pian Check, .
Windemere BLC Land Co. LLC, 3130 Crow Canyon Pl #310, San Ramon, CA
94583
0649-9665 / 831000: G 1116390, $2,500.00, RA 1094 Pian Check,
Windemere BLC Land Co. LLC, 3130 Crow Canyon PI ##310, San Ramon, CA
94583
0649-9665 / 831000: G 1116396, $ 3.052.00, Sub 8716, Pian Check
Landscape, Windemere BLC Land Co. LLC, 3130 Crow Canyon Pi #310, San
Ramon, CA 94583
0649-9665 / 831000; G 111407, $7,525.00, MS 18-01 Inspection Deposit,
Clyde Miles
Construction Co., Inc., 2201 Harbor St., Suite E, Pittsburg, CA 94565
0649-9665 / 831000: G 111411, $38,O2O.00,'bPO23OO5 Improvement Plan
Review Deposit Fee, DeAnza Gardens, LP, 3133 Estudillo Street, Po Box
2759, Martinez, CA 94553
0649-9665 / 831000; G 111399, David & Susan Ziegler (co trustees) Of
Ziegler Trust, 270 Monticello Drive, Walnut Creek, CA 94595
$9,969.00 MS 6-99 Inspection Deposit
$3,850.00 MS 6-99 Map Check Deposit
$5,737.33 MS Improvement Plan Check Deposit
0648-9140 / 812100: 61116399, $23,310.010, M56-99 Tice Creek Drainage
Def eciency Trust, David & Susan Ziegler (co trustees) Of Ziegler Trust, 270
Monticello Drive, Walnut Creek, CA 94595
0648-9140 l 812100: G1116406, $2,202.00, MS 18-01, Drainage befeciency
Mitigation, Clyde Miles
Construction Co., Inc., 2201 Harbor St., Suite E, Pittsburg, CA 94565
819800-0800: G1116399, $3,078.00, Cash Bond, David & Susan Ziegler (co
trustees) Of Ziegler Trust, 270 Monticello Drive, Walnut Creek, CA 94595
819800-0800: G1116405, $1,000.00, N5 18-01, Performance Cash Bond,
Clyde Miles
Construction Co., Inc., 2201 Harbor St., Suite E, Pittsburg, CA 94565
MAY.29.20033 2.4GPM4 CCC PUBLIC WORK53 Np.26� P.,2-
MS990006
Subdivision.-
Bond No.: 5-70:-373 ��.._..�.
DORaY rzT$ECUMY Borer►
rot.SUBatVxMO$AGRZZNM x
(Pe z Cats=tee azo PayrttWA)
(ClHangilL Gov t Cod*J§66499-66499,10)
The dwalopa(px=pd)has axmged a subdf Wozi agmMont
with tits Cosy of Contra. Coats to iUMU gaud. PaY for street dratIDW and 044 iUq=vasn=ts is
3ubdivisi=w.mSq 9g Oft6- as specified in ft aatbdivW=age raec eat and to cmp]ata acid wc*whtttin
the timo sped6ed for ca letion in the 86division AWM=14 aV iA aocordamae with SUM rad loam lawn
aad ritbtga tft=dw iA order to conditiow flsir BUDS of a S021 MV or pard map for said
subdIVisior" David C. Ziegler & Susan D. Ziogi+er CO-Trustees
2• Ziegler Family Trust sapiwipdmd
Pacific Znsaunrze Z22any a corporation oigadzed and
wciSfMg ander tlae ja"*fth4 Stato tf.,. Ca..,.l.i form; sttd autltadad to teased uutety
butmm in Calithmis, as stars y# bgreby joiatdy and savaaally bind Outaelvm our exacutaxt,
adrtaiaaistrators,x=mm sed adjpB to the C.otmty of C o ft Costa,C 419=11 E to gay as fellows.
$304,722.00 Three hundred four thousand
+ ' A. F'erft=A t and GWU=tft.- Seven hundred twenty twc
�YY.I�IIIr y��.�l��� ..I�t.
Dollars�g„� 3 C4,722.00. ... .. ...,.. 1 for C+ ra Mosta Ctrnty or suy sty assigcee under
G=abovtt Crotty SuWvisian.A,gxeemttatt.
yyyy y�y�.,�y
$153j900.00 qne xundred fifty throe thousand
dollars
hundred
����r� �nLi
153,900 t0 IMM the claims'to vbiCh V46=WO iat MAdO In TWO XV
( . wit Soodoa 3092) of Paxt 4 of VivWxm III of the Civil Coda of the Stft of
CalifomiAL
3. �ormra .
A. IU Candhim of'this obUid=a to Section(2 A.)above is such tib tithe*ow bonded paint e,
or prntoipal's hairs,=w.,doM ku mxs.sucamm or u t ra,a 1*U in alI&wV stwd to and
abide by azd wall and tmly kwp aad ptsor&nn the onyeatants, . ons axld ptwhims in the said
agremat ud auy dmatim Oxeof mads as Madu pmvide d, on it of its part, to b>e kopt and
performed at the tm and i m the mamuar theami t epedfie d and In all re*=U W=r*q to their true
intctit and meaning and;shall ind=u* azul leave'baumtaaa the C:rtra►ty of Contra Cala(or city`
aw*wg c)its ofilmn6 sgazn aad Mploysre s,as therein stpulated,Own tbis obHgxt am shall
ml1=d void-,otherwise it shall be and remain in flti!ftee sad of hdC
As pwt offa Obligation,tiemid bey ad is aiddid=to the flare amo=sped bueftij ewe
shaft be 3oluded moatablc cotes4 mos sad fes,iactuding res=bit ants rA tbca,ink
by the Co=W of Contra Costa(or cry ak c)in rucea ddUy a OUting such obligadw,alt to be
taxed w coots and included in aaayjvdgcmeut raudcrcd,. .
MAY.13.2003 4:07PM CCC PUBLIC WORKS NO.823 P.2
MS990006
Subdivision:
BondNo.: E201373
hVROV.E1b ENT SECURITY BOND
POP,SUBDIVISION A.GRELviENT
(Performance, Guarantee and Payment)
(California Government Cade §§ +66499 - 66499,10)
1. Rx=*t.ora Strunrvtst4rt AG Mg=-. The developer(principal)has executed a subdivision agreement
with the County of Contra Costa to install and pay for strut, drainage and other improvements in
Subdivision ms 9 9 0 0 0 6 .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. David C. Ziegler & Susan D. Ziegler Co-Trustees
2. t'3BLIGn.TION• Ziegler Family Trust as principal and
Financial Parifig --Inaurance-Comnany a corporation organized and
exciting trader the lavas of the State of California and authorized to transact surety
business in California, as surety, hereby joi.dtly and severally bind ourselves, our-heirs, executors,
administrators,successors and assigns to the County of Contra Costa, Califbr is to pay as follows:
A.. Performance;and Guarantee. X304,722.00 Three hunSevvenfhundredutwenty t'
Dollars ($ 304,722.00 " for Contra.Costa County or any city assignee under
the above County Subdivision Agreement
$153,900.00 one Hundred fifty three thousand nine ,hundred
B. Payment: dollars and .�31.M
(S_ 15 3, 9 0 0 to secure the claims to which reference is made in Title XV
(commencing with Section 3052) of Fait 4 of Division M of the Civil Code of the State of
California.
3. C=M0
A. The Condition of this obligation as to Section(2A)above is such that if the above bonded principal.,
or primipal's heirs,executors,administrators, successors or assigns,shrill in all things stand to and
abide by and well and truly keep and perform they covenants,conditions and provisions in the said
agreernent and any alteration thereof made as theran provided, ort it or its part, to be kept and
pe7rformerd at the time and in the manner d=*ein specified and in all respects acoording to their true
intent and zmaniing 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 became
null and void; otherwise it shall be and remain in fall force and effect. ;
As part of the obligation secured hereby and in addition to the fAc;e mount^peed therefore„them
shall be included reasonable costs,expenses and f=, including reasonable a::omry's fees,incurred
by the County of Contra Costa(or city assignee)in successfully anfor6mg such ct3lgation, all to be
taxed as costs and included in any judgement rendered.
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LIMITED POWER OF A'T'TORNEY
Financial Pacific Insurance Company
BOND NUMBER M 701374 POWER NUMBER 701374
PRINCIPAL ZIEGLER FAMILY TRUST PENAL SU $4�t#0.0Q, '
KNOW ALL MEIN BY THESE PRESENTS,that Financial Pacific Insurance Company,a California corporation(the"Company"),
does hereby make,constitute and appoint:
Kevin P.Easterly
its true and lawful Attorneys-in-Fact,with limited power and authority for and on behalf of Cci " ety,to execute,deliver and affix
the seal of the Company thereto if a seal is required on bonds,undertakings,recognize m h t igations in the nature thereof as
follows: Biel,Performance,Payment,Subdivision a is to$1,000,000:00
and to bind the Company thereby. This Power of Attorn er and by the authority of the following
resolutions adopted by the Board of Directors of Finan duly held July 6, 1995,which are now in
full force and effect:
RESOLVED ' t or an t y.Assistant Secretary,may a point
attorneys-in-fact or t as de i e ap 'in n each case,for and on behalf of
the Company,to exe n recogntzanc etyship obligations of all
kinds;and said officers may t f Vorney pre ted such person.
RESOLV RTHER that � bligati h be ding upon the
Company when si and sealed�if a s t a i the f the authority
evidenced by the power of a issued p
RESOLVED t 1111 ature of any au facsimile to any
power of attorney or certification ere f,�i prizing the executio other suretyship
obligations of the Compan ` such sig re and seal whe o use ily affixed.
"! IN ci cific Insurance oiNy has caused ese prese ned by it per officers,and its
corporate se Der,2002.
00
: e= Robert T.Kingsley,Presiders J R.Hollirfshla ,,fecratary
IF
l)It
ST F A O SAC
n is 5 o in 2, y be orePRRo
gslydhn 'ng ead,to me known to be the
i du ffi f ial ac ho 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.
T" -A�+N,,„N,, Stir"HEMP �#
NOTARY RtMX-CAUFORM ..
W 21. «► Ann Schremp,Notary Public
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 revoke furthermore,that the resolutions of the Board o 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 13th day of MaY e 20 03
John ollingshead,Secretary
Financial Pacific
Insurance Company
seal must
be affixed
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.%07
State of l t
County of -- ,
On 5 ` 0`':2 before me,
DATE NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC'
personally appeared Ke-,) it') ifCtk,�j
NAME(S)OF SIGNER(S)
C� personally known to me - 0F1 roved 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
DAM A.BROWN
Carnmisston;�13220t2 signature(s) on the instrument the person(s),
Na try Public-t,".alfrorMa or the entity upon behalf of which the
cotttr.costs courttl► person(s) acted, executed the instrument.
WY24{
WITNESS my hand and o ' lal seal.
SfGNATU NOTARY
OPTIONAL
Though the data below Is not required by law,it may prove valuable to persons retying on the document and could prevent
fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Q NDIVIDUAL
CORPORATE OFFICE AA P j40,L)6 1A SO T ac,�_^et 30
t iI e"_'r;a TITLE OR TYPE OF DOCUMENT �
TITLE{S)
C� PARTNER(S) C LIMITED -»
C� GENERAL
CI ATTORNEY-IN-FACT NUMBER of PAGES
D
TRUSTEE(S)
0 GUARDIANICONSERVATOR
0 OTHER.
DATE OF DOCUMENT
SIGNER IS REPRESENT NG: h
NAME OF PERSON{S)OR ENTITY(IES) l 1 {„g -
SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184+Canoga Park,CA 91309.7184
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 140.6907
State of t vas+
County of
On I before me,
DATE NAME,TITLE OF OFFICER-E.G.,`JANE DOE,NOTARY PUBLIC-
personally appeared '' - -95- $ `' ' '�
NAME(S)OF SIGNER(S)
personally known to me - OR -` droved 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
DANiDA.BROWN ca aci# Ies and that b his/her/their
cornmission#I MW 2 p y{ ), Y
Notary Public-csllt mis signature(s) on the instrument the person(s),
Z Contra CO
S%County or the entity upon behalf of which the
My Cortm.Eactstroe4,20t�5
person(s) acted, executed the instrument.
WITNESS m nd fficia seal.
y
1 � r
SIGNATURE OF NOT
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
D INDIVIDUAL
D CORPORATE OFFICER AJ) P V OC kV A."”" e
TITLE OR TYPE OF DOCUMENT
TiTLE(S)
1:1,PARTNER(S) D LIMITED
D GENERAL
D ATTORNEY-IN-FACT NUMBER OF PAGES
TRUSTEES)
D GUARDIAN/CONSERVATOR
D
OTHER: +' r 13 `" 3
DATE OF DOCUMENT
r-,
SIGNER IS REPRESENTING.
NAME OF PERSON(S)OR ENTITY(IES) �. I ✓ �3
SIGNER(S)OTHER THAN NAMED AB VE
01993 NATIONAL NOTARY ASSOCIATION-8238 Remmet Ave.,P.O.Sox 7184-Canoga Paris,CA 91309.7184
6/'1103 OWNER$42 99-0006
Tax Collector's Office Wiliam J.Pollacelc
625 Court Street Contra County Treasurer-Tax Collector
Finance Building,Room 104
P.0.Box 631 ((�"'pp�'� }'�'" Russell V.Watts
Martinez,California 94553- CoStl-a Chief Deputy Treasurer-Tax Collector
0063
(925)646-4122 y CountJoslyn Mitchell
(925)6464135 FAX "I Tax operations Supervisor
Date: 51112003
IF THIS TRACT IS NOT FILEN 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/MS# CRY T.R.A.
99-0006 WALNUT CREEK 98009
Parcel#: 188-031-009-7
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 $6,900.00
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 ding with the Clerk of the Board of Supervisors.
WILLIAM J. POLLACEK,
Treasurer-Tax Collector
By.
FINANCIAL PACIFIC INSURANCE COMPANY
PO BOX 292220,Sacramento, CA 95829-2220
BOND NO: M 701374
PREMIUM: Included in
Performance Bond
PAYMENT BOND
BE ADVISED THAT
Contra Costa County hereinafter referred to as the Obligee,by appropriate action to
Ziegler Family Trust
hereinafter referred to as Principal,for the item described as follows:
Property Taxes,Dev. No. MS990006, (2003-2004 tax year)
The Principal is required to furnish a bond in connection with the contract guaranteeing faithful performance
We the undersigned Principal and Surety are held and firmly bound to the Obligee in the sum of:
�r
Six Thousand Nine Hundred and no/100 Dollars($6,900.00)
to be paid to The Obligee,for which payment we bind ourselves,our heirs,executors,administrators, successors
or assigns Jointly and severally,firmly by this bond.
The condition of this bond is this that if the Principal,its heirs,executors,administrators,successors,or assigns,well
and truly perform the covenants,conditions and agreements in the contract and any alterations made as provided in
it,at the time and in the manner specified and indemnifies and holds harmless the Obligee,its officers, and agents,as
stipulated in the contract,then this obligation shall become null and void,otherwise it shall remain in full force and effect.
The Surety,for value received,stipulates and agrees that no change,extension of time, alteration,or addition to the
terms of the contract or the work to be performed or the specifications shall in any way affect its obligation on this bond and
it waives notice of any change,extension of time,alteration of addition to the terms of the contract,the work,or the
specifications.
AS WITNESSES,we have affixed our signatures and seals this 14th day of May,2003
PrincilWrl) p�;„ Principal: iegler Family ,
BOND REVIEWRD AND APPROVED By:
elf
CONTRA COSTA OOUNTY
TREABE .- CC1I,1.>�IC2't3$ Name and Tgtle: i 1� LI LAIC
BY:—`-�'�–�' Address: 270 Monticillo Drive,Walnut Creek,GSA 94595
(Surety Seal) Surety: FI ANCIAL F"A IFIC INSURANCE COMPANY
By: _
Kevin P. Easter y,Attorney-in-]"act
Address: 3550 Atherton Road
Rocklin,CA 95765-3700
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of Capt 1,. ss.
On / ► -4�w before me, 6
S Data f Name and TW%of Of m(e.g.,`Jame Don,Notary Pub110
personally appeared Dui I C -
N of Stgnarjaj
[I personally known to me
ved 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
ItOWN GAN..1•tOL DAY the same in his/her/their authorized
CcrnmG(sior+#1388868
Notory Pubic-California capacity{les}, and that by his/her/their
Como coda County signature(s)on the instrument the persons),or
AAV Comm.Exp iw Doc 6»2t)Od the entity upon behalf of which the person(s)
acted, executed the instrument.
WI SS m�hand and official seal.
w
OPTIONAL
Though the Information below is not required by law,it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document
Description of Attached Document
Title or Type of Document: G'r
Ir IF
Document Date: 5.11 Number of Pages:
Signers)Other Than Named Above:_
Capaclty(ies)Clai d by Signer
�'
Signer's Name: `--
individual rup at tliumb here
® Corporate Officer—Title(s):
11 Partner—0 Limited ❑General
+k
D Attorney-in-Fact
[D Trustee
F-1 Guardian or Conservator
Cl Other: ;
Signer is Representing:
CiStfg Nadaoe!Notary AatoelatWn»B36g a SWa Aw.,P.O.Sax 24D2•tYnatoworYh,GA 8i 313-2A02»wvnw.natbnatnWaryorg Pmd.i5b.b967 �tordar.Cmi 7di-Prot i-8t70-fa7®-a827
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of � Gi -- ss.
On before me, )Q)0 til Z
Daps r Na arsd TEtta of Offloer(e.g.,"Jana Dos,Notary PubW)
personally appeared !
Nams(s)of Slgner
>personaliy known to me
❑ 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
ROSIN"L,HOlIIt�A the same in his/her/their authorized
Commission#1368858 10 capacity(ies), and that by his/her/their
FA Notary Public-California
Contra Casts County signature(s)on the instrument the person{s}, or
My COMM,Expires Doc b,2 the entity upon behalf of which the pergon(s)
acted, executed the instrument.
WITNESS my.hand d offic'ai seal.
sr' �
Signa of Notary Public
OPTIONAL
Though the information below is not required by taw,it may prove valuable to persons relying on the document and could preveni
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: �f`-116'3 Number of Pages: 2—
Signer(s)
-Signer(s)Other Than Named Above:
Capaclty(les)Claimed y Signer
Signer's Name: '
❑ Individual Top of thumb here
❑ Corporate Officer —Title(s): .
11 Partner—❑Limited ❑General :
�ttomey-in-Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
CJ 1999 National Notary Amoolatbn•9350 Do Soto Ave.,P.C.Box 2402+Chatsworth,CA 91313.2402•www.nalfonalrrotary.org Prod.No.5907 Asordar.Call TdhProa 1-900-376.6827
LIMITED POWER OF ATTORNEY
Financial Pacific Insurance Company
BOND NUMBER S 701373 POWER NUMBER 701373
PRINCIPAL ZIEGLER FAMILY TRUST PENA%sum $304,722.00
KNOW ALL MEN BY THESE PRESENTS,that Financial Pacific Insurance Company,a'California corporation{the"CompanI
does hereby make,constitute and appoint:
KevinP.Easterly
its true and lawful Attorneys-in-Fact,with limited power and authority for and on behalf of i tyro execute,execute,deliver and affix
the seal of the Company thereto if a seal is required on bonds,undertakings,recogniz t t igations in the nature tbereof as
follows. Bid,Performance,Payment, Subdivision a is to$1,0009000.00
and to bind the Company thereby. This Power of Attorn er and by the authority of the following
resolutions adoppt�ed by the Board of Directors of Finan duly held July 6, 1995,which are now in
full force and effect:
RESOLVE t or an t y Assistant Secretary, may a point
attorneys-in-fact or a t as de i e ap i each case,for and on behalf of
the Companyt to exe a ,recognizant tyship obligations of all
kinds;and said officers may t f orney pre ted such,person.
RESt}LV RTHER, that bligati h be ding upon the
Company when si and sealed (if a s irl,the f the authority
evidenced by the power of a issued p
RESOLVE'.FIJR ature of any au facsimile to any
power of attorney or certification ere fir orizing the executio other suretyship
obligations of the Compan such sig re and seal whe o use ly affixed. y p
co` IN cia cific Insurance o ny has caused these prese ned by it per officers,and its
rporate se er,2txt2.
w.r
LY J/
Z. jd Robert T.Kingsley,Presiders J R.Holli s ,h a ec tary
'N'
FfJ! lilt t
ST A tJ SAC
n is 5 o in 21 y be ore Ro gsl d hn ng ead,to me known to be the
i 'du ffi f cial 1C ho t ,a 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.
ca rw. .ca.rr
ANN SCHREMP
COMM.#12M9
272W5 Ann Schremp,Notary Public
CERTIFICATE
I, the undersigned Secretary of Financial Pacific Insurance Com anT, 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 o 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 13th day of NI2Y —120 03
Iohn . p,
01 Secretary
Secretary __
Financial Pacific
Insurance Company
seal must
be affixed