HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-483 THE BOARD OF SUPERVISORS OF CONTRA COSTA.COUNTY, CALIFORNIA
Adopted this Resolution on August 5,2003,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTIONNO.2003/ 483
SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Minor Subdivision 21-
93, being developed by Harold W. Smith and Martha-Lee Smith, Declaration of
Trust dated May 23, 1979,Diablo area. (District III)
The following documents were presented for Board approval this date:
I. Map
The parcel map of Minor Subdivision 21-93, property located in the Diablo area,
Supervisorial District III, said map having been certified by the proper officials.
II. Subdivision Agreement
A subdivision agreement with Harold W.Smith and Martha-Lee Smith,Declaration
of Trust dated May 23, 19' 9,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(Es) I hereby certify that this is a true and correct copy of an
Contact Chris Lau(313-2293) action taken and entered on the minutes of the Board of
CL:rrn
0.\GrpData\EngSvc\Bt712003\8-05-03\Mg 21-93 130-21.doc Supervisors on the dine shown.
cc: Public Works—T.Bell,Construction
Current Planning,Corn n rruty Development
T—May 5,2004
Harold W.Smith and Martha Lee Smith, ATTESTED: AUGUST 05, 2003
Declaration of Trust dated May 23,1979
101 Ygnaaio Valley Road,Suite 330 JOHN SWEETEN,Clerk of the Board of Supervisors and
Walnut Creek,CA 94596
Sharon L Ruscont County Administrator
Indemnity Company of California
11780 Fitch street
Irvine,CA 92614
By ,Deputy
RESOLUTION NO.2003/ 483
SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Minor Subdivision 21-
93, being developed by Harold W. Smith and Martha-Lee Smith, Declaration of
Trust dated May 23, 1979,Diablo area. (District III)
DATE: August 5,2003
PAGE: 2
A. Cash Bond.
Performance amount: $1,125.00
Auditor's Deposit Permit No. 408699 Date: July 15, 2003
Submitted by: Diablo Valley Estate Company,LLC
Federal Tax ID Number: 94-3398807
B. Surety Bond
Bond Company: Indemnity Company of California
Bond Number: 5651435 Date: July 9, 2003
Performance Amount: $111,375.00
Labor&Materials Amount: $56,250.00
Principal: Harold W. Smith and Martha Lee Smith, Declaration of Trust
dated May 23, 1979
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 $4,100.00, with security guaranteeing
payment of said tax lien as follows:
• Tax Surety
Bond Company: Indemnity Company of California
Bond Number: 8787985 Date: July 9, 2003
Amount: $4,100.00
Principal: Harold W. Smith and Martha Lee Smith,Declaration of Trust
dated May 23, 1979
NOW,THEREFORE,THE FOLLOWING IS RESOLVED:
1. That said subdivision, together with the provisions for its design. and « -
improvement,is DETERMINED to be consistent with the County's general and
specific plans.
2. That said parcel map is APPROVED and this Board does not accept or reject on
behalf of the public any of the streets, paths, or easements shown thereon as
dedicated to public use.
3. That said subdivision agreement is also APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2003,!483
S`tJI3DMSION AGREEMENT
(Government Code 166462 and 1d6453)Harold w.' Smith and Martha-Le
Smith, Declaration of Trust
Subdivision. MS 21 -93 _ Principal: May 23, 1979
Effective Date: ,�„ ,, ____ -_-- Completion Period: Iyear
THESE SIGNATURES ATTEST TO THE PARTIES`AGREEMENT HERETO:
Harold W. Smith and Martha--Lee
gictA 'JA COUNTY PRINCIPAL Smith, Declaration of Trust
Maurice M.Shiu,Public Works Director M 2 3, 9 7 9 •
signature
By a e e
A A ),:7L, a
ta�id L«Stni h,successor trustee
signatur
By: B }
ca Division BIP*—Aftbert Rosenberg,successor trusts:
F > Victor L Westman,County Counsel (NOTE: AD signatures to be acknowledged. If Principal is incorporated, .
signatures must conform with die destpu ted representative groups pursuant to
Cmporat m Code 1313.)
+ 1. PA$=&DAM Effective on the above date,the County of Contra Costa,California,hereinafter called*QunW and the above-nuntioned
PIIIIgi;W mutually promise and agree as follows concerning this subdivision:
2. IMPLQ_)MMENTS Principal agrees to install certain road improvements(both public and private),drainage improvements,sips,street lights,
fre 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 shalt 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 11664 10 and following)in a good worlunanlike mantnei in accordance with accepted.
construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings trade thereunder,and where there
is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. 2QED3EM2U SEC=. Upon executing this,agreement,Principal shall,pursuant to Government Code 166499 and the County
Ordinance.Code,provide as security to the County.
A For p .gmc U �: g 1 ,12 5«0 0 cssh,.phus additional security,in the amount S� � � r��5'��
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,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 unsatisfhctgry pedbrrtteri e-,
B. Fyr Payment Security in the amount:S 5 6 .2 50.00 which is fifty percent(301%)of the estimated cost of the wrak.
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 theta or to Principal.Upon acceptance of the work as complete by the Hoard of Suupervisors 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. QUARANTEB AND WARRANTY OF WOE. 'Principal guarantees that said work shall be free from defects in material or workmanship and
shall perforin satisfactorily for a period ofone(1)year from and atter the Board of Supervisors accepts the work as complete,in accordance with Article
96-4.6,"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. PLaM ES ARLISIiMBNT O K 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 establishment work shall be performedf'or a
period of one(1)year from and atter the Board of Supervisors accepts the work as complete.
6. IMER=MMa ELAN ANTY. 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 ofSupervisors accepts the work
as complete or during the one ygtuuantee'period,said improvement plans prove to be inadequate in any respect„Principal shall make whatever changes
noes aw to dxc plans to ear om;NA&L"Work,ss promised.
7. NO A&IYERBX ;Inspection of the work and/or materials,or approval ofwork and/or materials or statement by anyofficer,agent or
employee of the Cbdirty indicating theworlt r,ny part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part
ofsaid workand/ormaterials,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.
RED
Prinp4pal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The ind= iti benefited and protected by this promise are County and County's special district,elective and appointive boards,
commissions,officers,agents and employees.
B. The liabilitial 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 ofthese and regardless ofwhether
'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 proceedings)concerning said liabilities and claims.
C. The idims causing liability 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 therm;
D. N condit„ar The promise and agmernent in this section are not conditioned or dependent on whether or not any indemnitee has
prepared,supplied,or approved any plana)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. =IS: Principal shall pay when due,all the costs of the work,including inspections thereof and relocation of existing utilities required
thereby.
10. SURVEYS, Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road
Commissloner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
Il. NON-PEUDSHAM,COSTS:If Principal fails to complete the work within the time specified in this agreement,and subsequent
extensions,or falls 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,surreys,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 Countyproceeds
to complete and/or maintain the work.
Once action is taken 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"reccover aos5—inciirrexl rn c'o'd pl M or°maintaining the work,Principal
agrees to pay all attorneys fees and all other expenses of litigation incurred by Countyin connection therewith,even if Principal subsequently proceeds to
complete the work.
12. iNCQRPORgTQ Nhtl✓XATION. 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,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 ofa 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 g
(Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation.
13. RECORD AP In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision.
U410-t.s
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R..o u, of
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA }ss
COUNTY OF C'e tZW C9k }
Can AdSV 2 71,a200 3 , before me, ,, uXA-A! ,DA I,a SOAK , a Notary Public in and
for said State, personally appeared 'UMP-T7 Fins E-!v ASA&& t
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.
WITNESS my hand and official seal.
Signature
4
SUSAN
X97 !1& 11
c�trut�lrstas��1�
NOry Public.c.11romI&
contra cw,�tr
11TV *� .Mario.Boas
NOTARYALK(Rsv 604)
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA }ss
COUNTY OF Contra Costa }
On 5-29-03 , before me, Barbara Pinto , a Notary Public in and
for said State, personally appeared **Bruce C. Smith**
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.
WITNESS my hand and official seal.
Signature
BARBARA PINTO
Comm,#1322464 It,
NOTARY PUBLIC-CALIFORNIA VV!
Contra Costa County
�Y Coaun.Exorai Sapt.28,2005
NOTARY.9LK(Roy&94)
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA )ss
COUNTY OF Contra Costa }
On June 3, 2003 , before me, Barbara Pinto , a Notary Public in and
for said State, personally appeared **Martha-Lee Smith**` ,
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/shetthey 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.
WITNESS my hand and official seal.
Signature60L ��" BARBARA PINTO
Comm,11322464
NOTARY PUBLIC•CALIFORNIA Ut
Contrt Coats Conmy
emy Comm.Exp1m 5ept.29,2005 '
NOTARY.BLK(Rev M4)
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA )ss
COUNTY OF Centra Costa }
an June 3, 2003 , before me, Barbara Pinta , a Notary Public in and
for said State, personally appeared **Randall L. Smith**
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 instrumento
WITNESS my hand and official seal,
Signatureevy
- _ BARBARA PINTO
Comm,f 1322464 rr�
NOTARY PUBLIC-CALIFORNIA V!
Contre Care County
Comm.Expires Sept.IS,2005
NOTARY.BLK(Rev W94)
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COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
J FFiCE OF COUNTY A -CONTROLLER
TO THE TREASURER; MARTINEZ,CALPORNA w
RECEIVED FROM �/l/
ORGANIZATION NUMBER ?
(For Cash Collection Procedures see County Administrator',WOW OW 1 os)
DESCRIPTION FUNpJtJRC �CT TASK TION ACTIWTY AMOUNT
$ t
L-L 6L31
.3 IXe lye)
t
Pa4ir
,05
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EXPLANATK?4�k , lJ r J! t �t. 3 . }°120311 TOTAL
�• , ! 1
Deposit corWstsof
and CURRENCY $
` . ; KS,Mm,ETC. 3 -
tt" k BANK DEPOSITS $
rEOLA�W�t Q"-ONTOLLER USE OMY
C 7t 0 DEPOSIT
PERMIT DP _ _
M)AABER
AASTSItsNED� I Ski
The arr>orxrt of money dwr;bed above is for Treasurer's receipt of above amount is approved Receipt of abrave amount is hereby
ow
deposit into the County Treasurf.
- r
TitIJ Lwzpl,EXT :. "t' l Audi [deputy County T—ur*r
ty-34 ttEv(T-9s)
10463
819800-0800: G1120506, $1,125,0{), MS21-93, Performance Cash Bond,
Bruce Smith, Diablo Valley Estate Company, LLC, 101 Ygnacio Valley Road,
Suite 330, Walnut Creek, CA 94596
0648-9140 / 812100. G1120506, $1,804,00, MS 21-93, Deficency
Mitigation San Ramon Creek, Bruce Smith, Diablo Valley Estate Company,
LLC, 101 Ygnacio Valley Road, Suite 330, Walnut Creek, CA 94596
0649-9665 / 831000: G1120506, $8,563,x0, MS21-93, Minor Sub
Inspection l=ee, Bruce ,smith, Diablo Valley Estate Company, LLC, 101 Ygnacio
Valley Road, Suite 330, Walnut Creek, CA 94596
Subdivision: MS 21 -93
Bond No.: 565143S
Premium $3,341 .00
IMPROVEMNT SECURITY BOND
FOR SUBDIVISION AGREEMENT
(Performance, Guarantee and Payment)
(California Government Code §§ 66499-65499010)
1. ftmAL_QSUBDIVISION AGREMEN T: The developer(principal)has executed a subdivision agreement
with the County of Contra Costa to install and pay for street, drainage and other improvements in .
Subdivision MS 21 -93 ,as specified in the subdivision agreement and to complete said work within
the time specified for completion in the subdivision,agreement, all in accordance with State and local laws
and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map,for said
subdivision.
Harold W. Smith and Martha-Lee Smith,
2. OBLIGATION: QeW aaati 6a of 13rust may 23-y 4 979 -- -- asprincipatand .
T.ndeamit Ma corporation organized and
existing under the laws of the State of QIJifpMJa and authorized to transact surety
business in California, as .surety, hereby jointly and severally bind ourselves, our heirs, executors,
administrators, successors and assigns to the County of Contra Costa, California to pay as follows:
One hundred eleven thousand three hundred
A. Performance and Guarantee: ' seventy five,
Dollars ($_!11 ,37'5,00 __)for Contra Costa County or any city assignee under
the above County Subdivision Agreement.
D. pa ent; Fifty six thousand two hundred fifty _ Dollars
($
56 250-00 to secure the claims to which reference is made in Title XV
(commencing with Section 3082) of Part 4 of Division M of the Civil Code of the State of
California.
3. CoNnzTION:
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 kepOdd
performed at the time and in the-manner therein„specified and in all-resDects 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
ftunished, labor of any kind, or for amounts due under the Unemployment Insurance Act with
iespect 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 this 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 Centra 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
3052)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 voids 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 bonds and consent`is hereby given to make such alteration without finther.notice to or consent
by the 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.
SiGN&D-AND SEkALz]2 on July 9, 2003
Harrold W. Smith and Martha-Lee
Smith, Declaration of 'frust
PRINCIPAL:
May 23, 1979 +5C3RETY; indemity aawany of California
Address: 101 Ygnacio Villey•Blvd. , #330 Address' 11780 Fitch Street
City. Walnut Creek Zip: 94595 City: irviner CA Zip; 14214
By. By.
Print Name: MartlzaI.e...a Smith -Print--Print-Name- - Rusconi
.-_ ._
Title: trustee Title: Attorney-in-Fact
--------------------------------
JO:mwtlap
GAGtpD*?s%WvelFoa"N WORMN-12.404
Rev.November•21,2W
S�FrttACt�v'�5 �� ��A•ct �.
Q)
CONTINUED SIGNATURE PAGE FOR IMPROVEMENT SECURITY BOND FOR
SUBDIVISION AGREEMENT
RANDALL lk. SMITH, successor trustee E C, SMITH, suceftsoftrustee
ROBERT ROSENBERG, successor trustee „` _ ��
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA )ss
COUNTY OF L"&UMfi C_t3ST�s }
On A4AIJ A7'. .?aa-3 , before me, ,QLS&,a V , a Notary Public in and
for said 9tate, personally appeared 99"P-T sf�r, ,
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.
WITNESS my hand and official seal.
Signature
suMw DANnOSON
CansTJ&410n i 1365M #
Mowry ftbac-camftmtx
cont.coft county
M► ►Mr3a
NOTARY.SLK(Rev 8194)
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA )ss
COUNTY OF Contra Costa
On 5-29`03 , before me, Barbara Pinto , a Notary Public in and
for said State, personally appeared **Bruce C. Smith** ,
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
WITNESS my hand and official seal.
Signature
BARBARA PINTO
Comm.1 1322464 r�
NOTARY PUBLIC-CALIFORNIA V7
Contrr Cain
Mj Comm.Expire 5tpt.28.1UQb'r
NOTARY.BLK(itev WD4)
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA )ss
COUNTY OF Contra Costa I
On June 3, 2003 , before me, Barbara Pinto , a Notary Public in and
for said State, personally appeared **Martha-Lee smith**
M
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.
WITNESS my hand and official seal.
Signature BARBARA PINT
.• Comm.i 1322484
NOTARY PUSUC•CALIFORNIA
Contra Com Canary'
my Comm.EX*81 so6t.26,2006
NOTARY.&K(Rw 6194)
NOTARY ACKNOWLEDGMENT
STATE OF CALIFORNIA )ss
COUNTY OF Contra Costa )
On JUna 3, 2003 —, before me, Barbara Pinto , a Notary Public in and
for said State, personally appeared **Bendall L. Smith**'
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.
WITNESS my hand and official seal.
Signature BARBARA PINTO
Comm,#1322464 t�
NOTARY PUBLIC-CALIFORNIA V!
Comm Cosu Gounty '"
VY Comm.Expire;Sot.38,3008"t
N9TARY.BLK(Rev SM)
The Insco Dico Group
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2002 created a three-year program under which the
Federal Government will share in the payment of covered losses caused by certain events of
international terrorism. The Act requires that we notify you of certain components of the Act,
and the effect,if any,the Act will have on the premium charged for this band.
Under this program, the Federal Government will cover 90% of the amount of covered
losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only
when aggregate losses resulting from a certified act of terrorism exceed $5,000,000.00.
Insurance carriers must also meet a variable deductible establishedd by the Act. The Act also
establishes a cap of$1,000,000,000.00 for which the Federal Government or an insurer can be
responsible.
Participation in the program is mandatory for specified lines of property and casualty
insurance, including surety insurance. The Act does not, however, create coverage in excess of
the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded
by the terms of the bond,or by operation of law.
No additional premium has been charged for the terrorism coverage required by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch
Irvine,CA 92514
(949)263 3300
www.loscodico.com
STATE OF California
SS.
COUNTY OF Sacramento
On July 9, 2003 before me, Sandra R.Black,Notary Public
PERSONALLY APPEARED Sharon J.Rusconi
personally known to me(or proved to me on the basis of satisfactory
evidence)to be the person(s)whose name(s)islare subscribed to the
within instrument and acknowledged to.me that helshehhey executed
the same in hislherltheir authorized capacity(ies),and that by hWherliheir ,
signature(s)on the instrument the person(s),or the entity upon behalf x SAND!A R. g#.�q
of which the person(s)acted, executed the instrument. COMM.*1260345
NOTARY PUBLIC•CALIFORNtA
SACRAMENTO COUNTY C1
WITNESS my hand and official seal. COMM.EXP.APRIL 10,2004'+
Signature
This area for Oficial Notarial Seal
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
❑ CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
{ PARTNER(S) ® LIMITED
C GENERAL
ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
0 GUARDIAN/CONSERVATOR
0 OTHER: _
M. DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSONM)OR ENTITY(TES)
Developers Surety and Indemnity Company
Indemnity Company of California
SIGNERS OTHER THAN NAMED ABOVE
Io-1232(REV,5101) ALE.-PURPOSE ACKNOWLEDGEMENT
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 severally,but not jointly,hereby make,constitute and appoint.
***SHARON J. RUSCONI, SANDY SLACK, JOINTLY OR SEVERALLY***
as the true and lawful Attomcy(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(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,arc 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 SURETYAND 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 ofsurctyship;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 81h day of November,2000.
By: \dtllfltt/IYIIbNP
\s {AND 'o•. �hPANY
David H.Rhodes,Executive Vice President \"a »f�L' Qfi
* t;&% Q PO
;.6SEAL G OCT.s `� 0
iff1936 1987
By: 00� `C3 Z
`•., SOW �,a� r Cq �P
Walter A.Crowell, Secretary ?�• L CIPGIfh
'ern p'`•............••'t.xy�r,
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE }
On November 8,2000,before me,Diane J.Kawata,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 arc 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 persons acted,executed the instrument.
WITNESS my hand and official seat.
00014.ilem A
w Cd7llAhi.#ttbit"
LAo-kA tRi11WPUB1 D-CA1.1Ft1t1flA
Signature MyOmmEv. m„htt
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 Attomcy 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,arc in force as of the date of this Certificate.
This Ccrtiricate is executed in the City of Irvine,California,the 9th day of July 2003
By
David Cr.Lane.Chief Operating Officer
I D-1380 t i l/00)
7/8/03 FATCO$42 21-93
Tax Collector's Office William J.Poliacek
625 Court Street Contra County Treasurer-`rax Collector
Finance Building,Room 1001
P.O.Box 631 �``` Russell V.Watts
Martinez,California 94553- Costa Chief Deputy Treasurer-Tax collector
0063
(925)646-4122 County Joslyn Witchell
(925)646-4135 FAX '""77 Tax Operations Supervisor
Date: 7/8/2003
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/M5# city T.R.A.
21-93 DIABLO 66024
Parcel#. 185-260-006-0 196-260-007-8
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 $4,100.00
This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal
to calculate a segregation is
The amount calculated is void 30 days from the date of this letter.
Subdivision bond must be presented to the County Tax Collector for review and approval of
adequacy of security prior to filing with the Clerk of the Board of Supervisors.
WILLIAM J. POLLACEK,
Treasurer-Tax II ctor
By:
rA
W
W w +d U
2
`�•. O
CIO
CL
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a � �. _ W
INSCO INSURANCE SERVICES, INC.
ins-+ ,, c� Underwriting Manager for:
Surety and Indemnity Company
Indemnity Company of California
17780 Fitch,Suite 200-Irvine,California 92614*(949)263-3300
SUBDIVISION TAX BOND
BOND NO.. 8787985
$ 150.00 premium is for
a term of One years)
KNOW ALL MEN BY THESE PRESENTS.
THAT we, Harold W.Smith and Martha-Lee Smith,Declaration of Trust May 23, 1979 ,as Principal
and Indemntiy Company of California a corporation organized and doing business under and by
virtue of the laws of the State of California and duly licensed to conduct a general surety business
in the State of California as Surety,are held and firmly bound unto
County of Contra Costa
as Obligee,in the sum of *Four Thousand,One Hundred Dollars and No1100*
($4,100.00***** l
Dollars,for which payment,well and truly to be made,we bind ourselves,our heirs,executors and successors,jointly
and severally firmly by these presents,
THE CONDITION OF THE OBLIGATION IS SUCH THAT:
WHEREAS,the above bounden Principal is the owner of that tract of land situated in Contra Costa
County,California,and described as follows:
DATE. GJ -�
BOND REVIEWED AND APPROVED
Tract/MS#21-93 -T.R.A.66024 CONTRA COSTA COUNTY
Parcel#1 W260-006-0&195-260-007-8
TR tTR�R- TAX COLLECTOR
NOW THEREFORE,if the said Principal shall pay,or cause to be paid,when due,all taxes,and all special assessments
collected like taxes,for the year 1 ,which at the time of filing said map,are a lien against such subdivision,
or any part thereof,but not yet payable,then this obligation shall cease and be void,otherwise it shall remain in full force
and effect.
IN WITNESS WHEREOF,the seal and signature of said Principal is'hereto affixed and the corporate seal and the name
of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at
Sacramento California,this 9th day of Ju , 2003 ,'
YEAR
Harold W.Smith and Martha Lee-Smith,Declaration of Trust Indemnity Company of California
Principal urety
dated May 23, 1979
8 J. Attorney-in-Fact
10-1206(CA)(REV.1101)
STATE OF California
SS.
COUNTYOF Sacramento
On� July 9, 2003 ,before me, Sandra R.Black,Notary Public
PERSONALLY APPEARED Sharon J.Rusconi
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 instniment and acknowledged to me that he%shehhey executed
the same in his&er/their authorized capaciVies),and that by hWherhheir
signature(s)on the instrument the person(s), or the entity upon behalf
of which the person(s)acted, executed the instrwnent. SANDMRA R. BLACK0 CO .*1260345 �
NOTARY PUBLIC-CALIFORNIA
WITNESS my hand and official seal. 2 SACRAMENTO COUNTY n
COMM.EXP.APRIL 40,2004
Signature
This area for Oficial Notarial Seal
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
0 CORPORATE OFFICER
TITLE OF TYPE OF DOCUMENT
{�y
® PARTNER(S) 0 LIMITED
0 GENERAL
ATTORNEY-IN-FACT NUMBER OF PAGES
® TRUSTEE(S)
C❑ GUARDIAN/CONSERVATOR .
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY11ESD
Developers Surety and lndemnity Company
indemnity Company of California
SIGNERS OTHER THAN NAMED ABOVE
10.1232(FiEV.V01) ALL.-PURPOSE ACKNOWLEDGEMENT
The Insco Dico Group
DISCLOSURE RIDER
Terrorism Risk Insurance Act of 2002
The Terrorism Risk Insurance Act of 2042 created a three-year program under which the
Federal Government will share in the payment of covered losses caused by certain events of
international terrorism. The Act requires that we notify you of certain components of the Act,
and the effect, if any, the Act will have on the premium charged for this bond.
Under this program, the Federal Government will cover 90% of the amount of covered
losses caused by certified acts of terrorism, as defined by the Act. The coverage is available only
when aggregate losses resulting from a certified act of terrorism exceed $5,444,444.44.
Insurance carriers must also meet a variable deductible established by the Act. The Act also
establishes a cap of$1,444,444,444.44 for which the Federal Government or an insurer can be
responsible.
Participation in the program is mandatory for specified lines of property and casualty
j insurance, including surety insurance. The Act does not, however, create coverage in excess of
the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded
by the terms of the bond,or by operation of law.
No additional premium has been charged for the terrorism coverage required by the Act.
Developers Surety and Indemnity Company
Indemnity Company of California
17780 Fitch
Irvine,CA 92614
(949)263 3300
www.lascodico.com
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 severally,but not jointly,hereby make,constitute and appoint:
***SHARON J. RUSCONI, SANDY BLACK, JOINTLY OR SEVERALLY***
as the 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 Attomcy(s)-in-Fart full power and authority to do and to perforin 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
Attomcy(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 orNovember 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 attomcy(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 arrested by their respective Secretary this 81h day of November,2000.
AN 0 David H.Rhodes,Executive Vice President ......4 �., OOM O�
J� goo �� PO
SEAL
t1
t SEAL riser
�' �✓
10.1 1936
s
B Walter A.Crowell, Secretary z37 ..........
�...... [•t. C
1''4
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE }
On November 8,2000,before me,.Diane J.Kawata,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 arc 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 persons acted,executed the instrument.
WITNESS my hand and official seal.
DtMIE,L KAWATA
C
L . COMM.0116700
80 XIMUNX-CALOOM e-
Signaturewtomcomm .
MAY "`
CERTIFICAfif _.._..
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 furthemrorc.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 9th day of Jullr 2003
ted•
By
David G.Lane.Chief Operating Officer
ID-1380 01 t00)
i
DECLARATION Or TRUST
THIS Amended, Restated and econatituted Declaration of Trust,i
made and entered into this "I day of June, 1990, by and between:
HAROLD W. SMITH and MARTHA LEE SMITH, both individuals, of Diablo,;
County of Contra Costa, State of California, hereinafter referred ]
to collectively as "Trustors" and HAROLD W. SMITH and MARTHA LEE t
SMITH, hereinafter referred to collectively as "Trustees."
WITNESSETHs
WHEREAS, Trustors and Trustees executed that certain written !
Declaration of Trust dated the 23rd day of May, 1979, which
established the Trusts
WHEREAS, subsequent to the execution of the original Declare- !
tion of Trust, Trustors and Trustees executed that certain written
First Amendment to Declaration' of Trusts
WHEREAS, Trustors and Trustees executed that certain written
Second Amendment to Declaration of Trust dated the 13th day of
November, 19801
WHEREAS, Trustors and Trustees executed that certain written
, Third Amendment to Declaration of Trust dated the 12th day of
!larch, 19821
WHEREAS, Trustors and Trustees executed that certain written
i Fourth Amendment to Declaration of Trust dated the 28th day of
September, 19841
WHEREAS, Trustors and Trustees executed that certain written
Fifth Amendment to Declaration of Trust dated the 15th day of`
November, 19841
}` WHEREAS, Trustors and Trustees executed that certain written
t, Restated Declaration of Trust dated the 21st day of April, 1986,
which replaced in its entirety all provisions of the Declaration
; of Trust dated the 23rd day of May, 1979, as amendedl
WHEREAS, Trustors and Trustees executed that certain written
.° First Amendment to Restated Declaration of Trust dated the.24th
day of April, 19861
WHEREAS, Trustors and Trustees executed that certain written
' Second Amendment to Restated Delcaration of Trust on the 31st day
:, of December, 19861
WHEREAS, Trustora and Trustees executed that certain written
:iDelcaration of Trust dated the 1st day of July, 1987, which
: replaced in its entirety all the provisions of the Delcaration of
i; Trust, as originally executed on the 23rd day of May,` 1979, *6
E amended, and as restated on the 21st day of April, 1986,
�s as amendedl
WHEREAS, Trustors and Trustees executed that certain written
First Amendment to Declaration of Trust dated the 14th day of
July, 19881 }
�r�cMca+wrra WHEREAS, Trdstors and Trustees executed that certain written i
c"SrY Second Amendment to Declaration of Trust dated the 23th day of
:k,�,.WWNLLIQYM
..�«,,. December, 19881
14Y CM`S.0-4A+
WHEREAS, Trustors have reserved the right at any time, and
from time to time, to amend, revoke or modify in whale or in part
any portion of the Declaration of Trusty and
i
1
t t
�j
i
i Declaration of Trust of
Harold W. and Martha Lee Smith !
Page Two !
i3 WHEREAS, it is the desire of Trustors to amend, restate and
ireconstitute the Declaration of Trust as it was amended, restated,,
t reconstituted and dated the let day of July, 1987, as amended i
i with the following amendment and restatement to constitute the
complete and entire Declaration of Trust.
I NOW THEREFORE, for and in consideration of the mutual, promisaj,
covenants and conditions as hereinafter set forth, Trustors do I
it hereby amend, restate and reconstitute the Declaration of Trust, l
!! as amended, with the following amendment and restatement to i
constitute the complete and entire Declaration of Trust. 1
kf e
ARTICLE I
i TRUST PROPERTY
1.01 Trustors have transferred and delivered to Trustees
the sum of ONE HUNDRED DOLLARS ($100) cash and other property,
the receipt of which was acknowledged by Trustees, to have and to
j hold in trust, together with such cash, securities or other prow
party, real and personal, which may at any time hereafter be
t placed in this Trust pursuant to the provisions hereof, all of
such property being hereinafter referred to collectively as the
i "Trust Estate," which shall be held by Trustees for the uses and
purposes and upon the terms and conditions hereinafter set forth.
1.02 Additional property may from time to time, and at any
time be transferred by Trustors or by any other person or persons
natural or legal, to Trustees, with Trustees consent, and such
property shall thereupon become a part of the Trust Estate and
I shall be held, managed, invested, reinvested and administered ands
ithe income and principal thereof distributed pursuant to the
terms and conditions hereinafter not forth.
ARTICLE II
CREATION OF TRUST
2.01 This Declaration of Trust Agreement establishes and
creates a Trust by Harold W. Smith and Martha Lee Smith, as
Trustors.
ARTICLE III
I DISTRIBUTIONS OF TRUST PROPERTY
i U I t3 TRUSTOW LIFETIME
3.01 Prior to the death of the first Trustor to die,
Trustees shall pay over and distribute to Trustors tho irntirf- net
income from the Trust Estate in convenient installments, not less
frequently than annually-p-- -oth►r;tsa—aa Trustors may, from time
to time, direct in writing, and Trustees shall also pay to
Trustors such part or all of the principal of the Trust Estate as
Trustors shall request in writing from time to timet PROVIDED,
HOWEVER, Trustees shall at all times maintain a minimum Trust
Estate with a principal in the sum of ONE HUNDRED DOLLARS ($100),
regardless of whether Trustors direct that all of the Trust
Estate be distributed. Trustees shall, when so directed by
�E Trustors, pay the bilis, expenses and obligations of -Trustors
�Idirectly from the Trust Estate. If at any time or times a
Trustor is under a legal disability, or by reason of illness or
I mental or physical disability, is, in the opinion of Trustees,
Declaration of Trust of
Harold W. and Martha Lee Smith
Page Sixteen
who has not attained the age of twenty-one (21) years, then and
in that event, Trustees shall retain such beneficiary's portion
of the Trust Estate in trust and accumulate the income from such
portion, invest and reinvest same and distribute the Trust Estate
:x to such beneficiary upon attaining the age of twenty-one (21)
years. Trustees shall have full discretionary power to distri-
bute income and principal of the Trust Estate to or for the bens- '
fit of such beneficiary if such becomes necessary for his or her
health, education, support of maintenance. Should any banefi-
ciary for whom a share of the Trust Estate is continued in trust
pursuant to the provisions of this Article die prior to attaining .
the age of twenty-one (21) years and before receiving complete
distribution of his or her share of the Trust Estate, at the time .
of his or her death, such share shall be distributed to his or
her Executor to be administered and distributed as part of said
beneficiary's estate.
7.17 Should any secondary beneficiary hereunder die without '
leaving children surviving his or her or then living issue of
deceased children and prior to receiving complete distribution of .
the Trust Estate as hereinabove provided, and in the event such
deceased secondary beneficiary shall fail to exercise the general
testamentary power of appointment granted to such secondary bene- .
ficiary as hereinabove provided, than the balance of the Trust
Estate, after payment of funeral expenses and expenses of the
last illness for said secondary beneficiary, as then constituted,
shall be divided and distributed equally to the then living
brothers and sisters of said deceased secondary beneficiary and
the then living issue of deceased brothers and sisters of said
deceased secondary beneficiary, par stirpes and by right of ,
representations PROVIDED, HOWEVER, if there is a Trust Estate for
the benefit of any such distributes pursuant to this Article then
in existence, which Trust Estate was created pursuant to the
terms of this Trust Agreement, than and in that event, such
distribution shall be made to the Trusts* of said Trust Estate
and the assets so distributed shall be hold, managed, admi-
nistered, invested, reinvested and distributed according to the
terms and conditions thereof.
7.18 Upon termination of the last of the several Trust
Estates created upon the death of VIRGINIA S. McMASTER, in the
event it should become impossible, by reason of the death of any
of the beneficiaries named herein, or for any other reason, to
' distribute all or any portion of the Trust Estates, then and in
that event, any portion which is undistributable shall, at the
;: time it becomes undistributable, be distributed one-half (1/2) to
the person or persons who would than be the heirs of the prods,
ceased Trustor and one-half (1/2) to those who would than be the
heirs of the surviving Trustor, their respective identities and
shares to be determined as if Trustors had died intesta-te,
;; applying California law than in offset relating to separate pro-
perty not acquired from a previously deceased spouse.
ARTICLE VIII
POWERS OF TRUSTEES
8.01 Trustees and the successor Trustees shall have all of
the powers set forth in this Trust Agreement in respect to each
of the Trust Estates herein created and in addition to the enum-
erated powers, Trustees and successor Trustees shall have all of
the power and authority granted to trustees under the laws of the
State of California.
Declaration of Trust of
Harold W. and Martha Lea Smith
Page Seventeen
8.02 To take full charge and control of the assets of the
Trust Estates herein created, to possess, manage, control, incor-
porate, sell, transfer, assign, grant, convey, exchange, lease,
rant, mortgage, pledge, or otherwise encumber or dispose of any
or all of the property of the Trust Estates, or any part or par-
cel thereof, or any substitute therefor, upon such terms and con-
ditions, for such purpose or purposes, and for such
considerations, and for such periods, irrespective of the life or
duration of the Trust Estatesr to execute and acknowledge in this
regard, any and all instruments necessary therefor, and to have,
as to all of the property at any time held by Trustees, all of
the powers that natural persons might exercise in relation
thereto if it were their own. Trustees shall invest, reinvest
and keep invested, the funds of the Trust Estates in such securi-
ties, stocks, bonds, secured or unsecured notes and loans, life
insurance, annuiti.as,' real estate, livestock, business entities,
+dor partnerships of any kind or nature, of other real or personal
;! property of every kind or character as may be proper.
!; 8.03 To hold and retain in the Trust Estates any property
!+of any character included in predeceased Trustor's estate at the
' time of predeceased Trustor's death, or thereafter acquired,
!: brought in, or taken over, with or without foreclosure, in such
! manner and form as deposited, purchased or received, for such
time as Trustees may deem wise, without liability for loss or
, depreciation which may result from such retention, even though
:, such property is not of a kind usually selected by trustees as
: investment assets, and even though such retention may result in
inadequate diversification, Trustees may hold unproductive pro-
,. perty, but not beyond a reasonable time, particularly including
;,, real estate and stock in closely held corporations, without,
;' liability therefor, when such is in the best interest of that
; beneficiaries of said Trust Estatest PROVIDED, HOWEVER, Trustors
ior the surviving Trustor shall have an unqualified right to
gidirect Trustees to convert such unproductive property into
(: income-producing property within a reasonable period of time.
,Trustees shall carry on, for as long as Trustees may deem advi-
sable, any going business in which predeceased Trustor shall have ,
an interest in at the time of predeceased Trustor's death.
F
8.04 To purchase or otherwise acquire, to lease, with or
without options to purchase, for limited or unlimited terms, and
with such covenants as may be advisable, and to sell, exchange,
encumber or otherwise dispose of or deal with any property, both ;
real and personal, at any time comprising all or a portion of the
.`Trust Estates, it being understood that sales or exchanges may be '
made at public or private sale and at such price, for cash, upon
',credit or partly in exchange for other property, and generally
-; upon such terms as may be proper= to transfer and convey the
same, and to make, execute and deliver such instruments as may be
.necessary or proper for the transfer and conveyance tharoof, ,to
invest, reinvest and, to the extent deemed advisable by Trustees,
ilto keep invested the funds and monies of the Trust Estates,
;,however .derived, .in_Mocks,-bonda,.-Aob&aUttos. or any other type
of security, interests or assets, or in shares, interests or
units of participation in common trust funds, to make any or all
such investments on margin, to carry a margin account in the name
of the Trust Estates and to sell short any securities, or to par-
ticipate in making investments with others.
8.O5 To hold, buy, sell, or exchange oil and gas or other
mineral properties (including interests in deposits of other
natural resources)t to execute leases on such properties in par--
petuity or for such porioda and upon such terms and conditions
Declaration of Trust of
Harold W. and Martha Lee Smith
Page Eighteen
as may be advisable$ to execute subleases and farmout agreements;
to carve out or reserve such mineral interest-* as Trustee may
does advisablar to execute unitization and pooling agreemsntsr to
oxchango undivided interests in mineral properties for interests
in other properties; to renew existing loans or to refinance
debts; to borrow money and to pledge mineral properties for a
period of time extending beyond the duration of the Trust
Estatesl to develop and improve any proportion containing oil,
gas or other minoralax to engage in exploring for oil, gas and
other mineral*z to pay delay rental* on lease*.
8.06 To assent to or participate in any reorganization,
readjustment, consolidation, merger, dissolution, sale or pur-
chase of assets, lease or similar procedure, by any corporation
! whose securities, obligations, rights or interests shall be held
i. hereunder; to assent to any contract, mortgage, dead of trust or
other action by any such corporation, to deposit securities or
evidence of right, interests or obligations under, or become a
party thereto, any agreement or plan for any such proceedings, or
Ei for the protection of holders of securities; to delegate discre-
tionary powers to any reorganization, protective or similar
committeor to pay any assessment or any other expense, and to
exchange any property for any other property in connection with
s. any of the foregoing.
•E e
8.07 To acquire, sell, engage in short sales, and trade in
o securities of any nature on margin, and to maintain and operate
margin accounts with brokers and to pledge any securities hold or '
' purchased with such brokers as security for loans and advances
made to Trustees for such purposes, and to cause securities or
other property which may at the time comprise the Trust Estates,
or any part thereof, to be rogistsred in the name of any Trultoo
Ii as trust**, or, in the case of securities, to take and keep the
same unregistered and to retain them or any part of them in such
manner that they will pass by delivery; pROVZDED, HOWEVER, that
no such registration or holding by Trustees shall relieve any
Trustee of or from any liability. for the safe custody or proper
disposal of property in the Trust Estates.
E; 8.08 To exercise any and all options, privileges or rights, ±
i whether to vote, assent, subscribe, convert or otherwise, which
may be granted to or be exercised by the holders or owners of any:
property similar to that held in the Trust Estates, or to sell
any subscription or other right; or to grant any proxy, whether
or not discretionary, including the granting of general proxies;
or to become a party to, or deposit securities under, or accept
socurities issued under any voting trust agreement.
8.09 To continue mortgages and deeds of trust on and after
maturity, with or without renewal or extension, upon such torn$
as may be advisable, without reference to the value of the
mortgage or deed of trust security at the tis* of such-renews'l-or
extension; to reduce the interest rate on any mortgage or dead of
trust constituting-a-pa.r.t-CJ—tha.TJUM4,..,ZAWOsI to consent to the
modification of any terms of any mortgage or deed of trust; and,
in the event of foreclosure, to bid for and acquire the mortgaged
property, or, in lieu of foreclosure, to accept a deed thereto
from the mortgagor.
8.10 To adjust, abandon, compromise and settle, or refer to
arbitration, any claim in favor of or against the Trust Estates,
and to institute, prosecute or defend in its behalf any or all
legal proceedings that may be advisable.
Declaration of 'frust of
Harold W. and Martha Lee Smith
Peg* nineteen
8.11 To borrow money for the benefit of the Trust Estates
from any sources, including specifically, and without limitation,
from any Trustees, whether in Trustees" individual capacity or
otherwise, upon such terms and for such periods as may be ad-
visables to evidence such borrowings by promissory notes, bonds
or other evidence of indebtednosst to secure the payment of the
same by pledge or mortgage or deed of trust of the properties of
the Trust Estates.
8.12 To purchase from, sell to and generally to deal with
any Trustee individually and as a fiduciary, or with firms, part-
nerships, corporations and financial or business organizations in
which any Trustee has an interest.
8.13 To conduct business in a partnership, general or
'I limited, with other persons, firms or corporations.
r 8.14 To distribute property according to the terms of the
t+ Trust Estates in undivided.interests, or in kind, or partly in
money and partly in kind, at such valuation and according to such
methods or procedures which are acceptable methods of valuation
and which reflect the fair market value of such property.
8.15 To accept and to add to the Trust Estates. created
hereunder, and to hold or deal with as part or parts thereof any
} property of any nature whatsoever which may at any time be trans- ,
` fsrred, paid over to or delivered to 'Trustees for such purposes
by any person or persons,
8.16 To make payments of income or principal under the,
terms of the several Trust Estates herein created where minors or .
persons under a legal or physi-cal disability are concerned,
either directly to the beneficiary, to the legally constituted
guardian or conservator for said beneficiary or to third persons
for and on behalf of the beneficiary.
8.17 To allocate and apportion the Federal and State income ;
tax deductions for depletion and depreciation, and for any other
apportionable tax deductions, to the Trust Estates or to the
beneficiary or beneficiaries thereof. In allocating or appor-
tioning such tax deductions, or in designating the source of any
income distributed or accumulated, Trustees may take into con-
sideration the respective income tax benefits available therefrom
to the beneficiary or beneficiaries and to Trustees from infor-
nation of which Trustees have actual knowledge.
i 8.18 Any other provision in this Trust Agreement to the
contrary notwithstanding, Trustees shall have the power and au-
thority to carry policies of life insurance on the life of any
beneficiary under the terms and conditions of this Trust Agree-
sent, when such is in the best interest of the beneficiaries-and
the Trust Estates. Trustees shall have the power and authority
to enter into private annuity agreements and transactions with
any beneficiary of"t1'Cis T2u*t'A�ffi�!!!1fliZ':""""
8.19 To designate the source of any distribution, as bet-
ween income and principal, and to specify the amount of each
class of income distributed and to whom so distributedr to deter-
mine, in the absence of specific instructions heroin, what
constitutes income and principal and to determine whether a
distribution or disbursement should be charged to income or .prin-
cipal. In making such determinations, Trustees shall follow
acceptable accounting standards.
Declaration of Trust of
Harold W. and Martha Lea Smith
Page Twenty
8.20 To lend money'to' any person or persons, including
partnerships, fiduciaries and corporations, upon such terms and
in such ways and with such security as may be advisable for the
best interest of the Trust Estates and the beneficiaries
hereunder.
8.21 No person or entity, other than Trustees, shall have
or exercise the power to vote or direct the voting of any stock
or other securities of the Trust Estates, to control the invest-
ment of the Trust Estates, either by directing investments or
reinvestments, or by vetoing proposed investments or rein-
vestments, or to reacquire or exchange any property of the Trust
Estates by substituting other property 'of an equivalent value.
ARTICLE IX
GENERAL PROVISIONS
9.01 The Trust Estates created herein are spendthrift
trusts and each and every beneficiary is hereby restrained from
and shall be without right, power or authority to sell, transfer,
assign, pledge, mortgage, hypothecate, alienate, anticipate, be-
queath or devise, or in any other manner affect or impair his,
her or their beneficial interest, right, title claim and estate
in either the income or principal of the 'frust Estates herein
created, or to any part thereof, during the entire term of said ;
Trust Estates* nor shall the right, title, interest and *state of
any beneficiary be subject to any right, claim, demand, lien or
judgment or any creditor of any such beneficiary nor be subject
nor liable to any process of law, or equity, but all of they
income or principal shall be paid only and personally to the
beneficiary at the time hereinabove set out, and receipt by such t
beneficiary shall relieve Trustees from the responsibility of
such distribution.
9.02 Trustors' primary concern is for the support of the
immediate beneficiaries of the Trust Estates herein created
rather than the more remote beneficiaries. Trustees shall admin-
ister the Trust Estates from time to time to the bast advantage
of the beneficiary or beneficiaries than entitled to enjoy the
benefits of the Trust Estates, even though the result might be
detrimental to subsequent beneficiaries. Accordingly, Trustees
shall be under no duty to create out of income any reserve for
depreciation or depletion. However, if Trust*** deem it advis-
able, Trustees shall have the pow*r' and authority to create
reserves for depreciation and depletion.
9.03 In the case in which Trustees are required to divide
the principal of the Trust Estates into parts or shares or to
distribute same, Trustees are authorized and empowered"to maic*
division or distribution in kind, partly in kind and partly in
money or by graotto_g. ap_.undjly idg4 i„ g„ „st.
9.04 In the avant any clause or provision of this Trust
Agreement prove to be, or be adjudged, invalid or void for any
reason, then and in that event, such invalid or void clause or
provision shall not remain operative and shall not affect the
whole of this Trust Agreement, but the balance of the provisions
hereof shall remain operative and shall be carried into affect
insofar as legally possible. If any clause or provision herein
shall violate any rule against perpetuities or restraint on
alienation, such clause or provision shall not invalidate the
y `
Declaration of Trust of
Harold W. and Martha Lee Smith
Page Twenty-Five
ARTICLE XV
TRUSTEES AND SUCCESSOR TRUSTEE
15.01 The initial Trustees of the Trust and Trust Estates
herein created, including the SMITH FAMILY TRUST, the SMITH
MARITAL TRUST, and the SMITH CHILDREN'S TRUST, when created,
shall be HAROLD W. SMITH and MARTHA LEE SMITH.
15.02 In the event that either HAROLD W. SMITH or MARTHA
LEE SMITH, should be unable, refuse or fail for any reason what-
soever to serve or to continue to serve as Trustee of the Trust
and Trust Estates herein created, then and in that event, it is
Trustors' intention that there shall be three Trustees serving
hereunder. It is Trustors' intention that, to the extent
possible, at least two of the three Trustees serving hereunder
shall be a "Family Trustee" and that one of the Trustees serving
hereunder shall be a "Business Trustee." Trustors hereby nominate .
and appoint as successor Trustee to serve as "Family Trustees"
the following persons in the order in which their names appear,
and that no other member of Trustor's family shall qualify as a
"Family Trustee" as sucks
(1) The survivor of Harold W. Smith or
Martha Lee Smiths
(2) Randall L. Smiths
(3) Bruce C. Smiths and
(4) William L. Sales.
15.03 Trustors hereby nominate and appoint the following
individuals to serve as "Business Trustee" and request that they
serve in the order in which their names appears
(1) George Martinsons
(2) Charles W. Lowelis
(3) Robert Rosenbergs
(4) John Imries and
(5) Mike Pickett.
15.04 If for any reason a Family Trustee or Business Trustee
should be unable, refuse or fail for any reason whatsoever to
serve or to continue to serve as a Trustee, then and in that
event, Trustors direct that the next succeeding Fami-ly-Trustso or .
Business Trustee as set forth in Paragraphs 15.02 and 15.03 serve
as the successor Trustee. If for any reason there should be only
one of the des igniEed"1'ramiTy'Tt:%!k WFI-b?—suginose Trustees able
and willing to serve as Trustee, then and in that event, Trustors
direct that such Trustee shall serve as sole Trustee of the Trust
and Trust Estates herein created.
15.05 Any "Business Trustee" currently serving as "Business
Trustee" can appoint in writing a successor "Business Trustee" to
serve after the last designated "Business Trustees" named by
Trustors if such successor "Business Trustee" is approved in
writing by a majority of the named successor "Business Trustees",
if any, and the "Family Trustee", if any.
r
Declaration of Trust of
Harold W. and Martha Leo Smith
Pape Twenty-six -
15.06 Trustors hereby direct that all Trustees designated
hereinabove serve without bond. ;
IN WITNESS WHEREOF, Trustors have executed this Trust
Agreement on the day and year first above written.
HAROLD W. SMITH, Trustor
MJr.RTHA LEE SMITH, Trustor
Witnesses Addressees
STATE OF CALIFORNIA }
} SS
COUNTY OF CONTRA COSTA }
On this _�, day of June, 1990, before me, a Notary
Public of said state, duly commissioned and sworn, ,personally
appeared HAROLD W. SMITH and MARTHA LEE SMITH, known to me to be
the persons whose names are subscribed to the within instrument,
and acknowledged that they executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixes! my offici'!il`f�d62'tfl7C il4iy"!C!!!i""T7�1'!!!" in this certificate
first above written.
Rotary Public
My Commission Expires
C .SF.AI.
DEBBIE FOSTER
NOTARY Kew
CONTRA COSTA cum
Vt Cwm.Evhs Nix 29.15!3
................
SECOND A�iMENDMENT
TO
DECLARATION OF TRUST
HAROLD W. SMITH and MARTHA LEE SMITH ("Trustors")pursuant to the power to amend
reserved by them in the Declaration of Trust dated lune 11. 1990. which replaced and restated all of the
provisions of the Declaration of Trust dated May 23. 1979, as thereafter amended and restated from time
to time ("the Trust") now amend the Trust as hereinafter provided:
I. Trustors amend Paragraph 5.05 to read as follows:
5.05 Upon the death of the surviving Trustor,Trustees shall pay all inheritance,estate,
legacy, succession and transfer taxes (including any interest and/or penalties thereon) imposed
by the laws of the United States or of any state, territory or foreign country, with respect to the
assets owned by the SMITH FAMILY TRUST and the SMITH MARITAL TRUST which are
taxable under such laws by reason of the death of surviving Trustor, whether such taxes shall be
payable by surviving Trustor's estate or by any recipient of such property; PROVIDED,
HOWEVER, Trustees shall pay the generation-skipping transfer tax, if any, from the assets of
the SMITH CHILDREN'S TRUST held in respective trusts for the benefit of VIRGINIA S.
McMASTER, RANDALL L. SMITH and BRUCE C. SMITH as such tax is attributable to each
trust.
II. Trustors amend Paragraph 7.04 to read as follows:
7.04 Upon the death of surviving Trustor, the remaining assets of the SMITH
FAMILY TRUST and the SMITH FAMILY Tjk_V$T-GST EXEMPT shall be distributed to the
SMITH CHILDREN'S TRUST. Further in the event the surviving Trustor does not fully
exercise surviving Trustor's testamentary general power of appointment upon the death of
surviving Trustor, the remaining assets of the SMITH MARITAL TRUST, a portion of which
7.18 Upon termination of the last of the several Trust Estates created upon the death
of the beneficiary, in the event it should become impossible, by reason of the death of any of the
beneficiaries named herein, or for any other reason, to distribute all or any portion of the Trust
Estates, then and in that event, any portion which is undistributable shall, at the time it becomes
undistributable, be distributed one-half('A) to the person or persons who would then be the heirs
of the predeceased Trustor and one-half ('A) to those who would then be the heirs of the
surviving Trustor, their respective identities and shares to be determined as if Trustors had died
intestate, applying California law then in effect relating to separate property not acquired from
a previously deceased spouse.
V. Trustors amend Paragraph 9.06 to read as follows:
9.06 Trustee shall have the power to pay to any Trustee all costs and expenses of
conducting the business and affairs of the Trust Estates and reasonable compensation in an
amount which shall be commensurate with the average charge of corporate Trustees in the State
of California. This right to receive such compensation may be waived by Trustee but the right
to compensation shall be noncumulative, from year to year.
VI. Trustors amend paragraph 11.01 to eliminate the power to remove any Trustee.
VII. Trustors amend Article XV in its entirety to read as follows:
ARTICLE XV
TRUSTEES ANI) SUCCESSOR TRUSTEES
15.01 The initial Trustees of the Trust shall be HAROLD W. SMITH and MARTHA
LEE SMITH.
15.02 In the event that either of them-should--be-mnable,.rarxus&ar_JhiL for any reason
to serve or to continue to serve as Trustee. then the following persons, in the order named, shall
become co-Trustee: RANDALL L.SMITH or BRUCE C. SMITH; and an additional co-Trustee,
in the order named, ROBERT ROSENBERG or CATHERINE M. FISHER.
(rays.ca„„a.n„A,a.M 9
(2) The person holding such power for the trust for BRUCE C. SMITH and
his issue is ROBERT GURLEY.
15.06 Trustors hereby direct that all Trustees and Successor Trustees designated above
serve without bond.
2�
Executed at Walnut Creek, California, this _ day of July, 1994
TRUSTORS:
HAROLD W. SMITH, by Martha Lee
attorney-in-fact
MARTHA LEE SMITH
STATE OF CALIFORNIA )
SS.
COUNTY OF CONTRA COSTA )
C)n 1111V 1 QQd hefnrp mr the undersigned.a Notary Public in and for said Countv
State of California
SS.
a.wcroa.a.� �.
County of
Ont .'`+►s$ ` before me, ,.:�:.- �ac�.. _
Notary Pu c, personally appeared
persona known to me (or proved to me on the sis of satisfactory evidence) to person(s) whose
name(s)-Ware subscribed to the within instrument and acknowledged to me that hd&hilthey executed the
same in hi heir authorized capacity(ies), and that by eir signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the.instrument.
WITNESS my hand and official seal. or-poALNOTARY SEAL
f - -— TERM K IVES
Signa 'd NoMy Pavia�—caawnia
(Seal} SAN DIEGO COUNTY
can,.Exp►x. JUL zZIM
FD-1 (Revised 1/93)
Y
ACCEPTANCE OF TRUSTEES
HAROLD W. SMITH and MARTHA LEE SMI'T'H hereby accept and agree to the amendments
made in the foregoing SECOND AMENDMENT TO DECLARATION OF TRUST.
Dated this -Oday of July, 1994.
HAROLD W. SMITH, Trustee -�"� L.t,t
by Martha Lee Smith, attorney-in-fact
MARTHA LEE SMITH
12
THIRD AMENDMENT
TO
DECLARATION OF TRUST
HAROLD W. SMITH and MARTHA LEE SMITH (*Trustors")pursuant to the power reserved to
them In Article XI of the Declaration of Trust dated June 11, 1990, which replaced and restated all
of the provisions of the Declaration of Trust dated May 23, 1979, and which was amended on
November 26, 1990 and again on July 8, 1994, hereby further amend said trust as faftmaz
FIRST: Paragraphs 15.02 and 15.03 of Article XV are hereby deleted and reptood by the
following:
15.02 In the event that either of them should be unable, refuse or fall for mir reason
to serve or to continue to serve as Trustee, then the following persons, in the cidw named,
shall become co-Trustee: RANDALL L. SMITH and BRUCE C. SMITH, jointly, at B either of
them should be unable, refuse or fail for any reason to serve or to continue to senna,the other
Individually; and an additional co-Trustee in the order named: ROBERT ROSENBERG or
CATHERINE M. FISHER.
15.03 In the event that both of the initial Trustees should be unable, refuse or fail for
any reason to serve or to continue to serve as Trustee, then the following persons, in the order
named, shall become Trustee:
(1) RANDALL L. SMITH and BRUCE C. SMITH, jointly, or if either of them
should be unable, refuse or fail for any reason to serve or to continue to serve, the
other individually;
(2) ROBERT ROSENBERG.In all other respects the Deciaratiori ofTr'ii fl bh ihYfff MTd"gpproved.
Executed at ,,1 , California, this day of 11995.
.1_
l+rKaa.Nnti 9 i�9vinrt.and�
TRUSTORS:
0 C*1 AA
c 6jtuzw.. o
HAROLD—W. SMITH MARTHA LEE SMITH
STATE OF CALIFORNIA ) WITNESS my nand and official seal.
I ss.
COUNTY OF ALAMEDA )
On cel �l�„' '-1995, before me, Notary Public
a notary public for the State,
personally appeared HAROLD W. SMITH and MARTHA
LEE SMITH,personally known to me lot poved to on
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 hieR+ear/their authorized capacity(les),and that by
h4A+ Alheir signature(s)on the Instrument the person(s),
or the entity upon behalf of which the personts) acted, (This area for official notarial saaPl)
executed the Instrument.
PavM. J.
�rltl.�►1
r x y
E J*M.sear
-2.
WWOM"I r "'u—q.