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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-651 tt f THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 28, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTIONNO. 2003/ 651 SUBJECT: .Approval of the Parcel Map and Subdivision Agreement for Minor Subdivision 5-01, being developed by Chetcuti &Associates Inc., Walnut Creek area{District IIl}. The following document was presented for Board approval this date: The parcel map of Minor Subdivision 5-01, property located in the Walnut Creek area, Supervisorial District AI, said map having been certified by the proper officials; Said documents were accompanied by: 1. Subdivision Agreement: A subdivision agreement with Chetcuti&Associates Inc.,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: A. Cash Bond Performance amount: $1,388 Auditor's Deposit Permit No. 412346 Date: 9/25143 Submitted by : Chetcuti &Associates Inc. Orlglostor:Public Works(ES) Contacts Rich Lierly(313-2348) 1 hereby certify that this is a true and correct copy of an LS:. G:IGtpDats\Engsvc\Boi2003t10-28-03\MS 5-01 BO-14,&c action taken and entered on the minutes of the Board of ccs Current Planning,Community Development Chetcuti&Associates Supervisors on the date shown. Benny Chetcuti 1204 Alpine Road,Suite#3 Walnut Creek,CA 94596 ATTESTED: (}GIQ1 ER 28-, 2003 - Indemnity Company of California JOHN SWEETEN,Clerk of the Board of Supervisors and Daniel Livsey 17780 Fitch,Suite#200 County Administrator Irvine,CA 92614 T:8/28/04 By ,Deputy RESOLUTION NO.2003/ 651 %bdivis90te- Parcel No. 138-230-022-4 Bond No.. W&&Z 414 S . -- Premium Premium $4,122.00 is for a term of two years. JtO V'EMKNT SECUM'Y ftND Foot Sunwvrsmm Ac zNT (Perforwance,Guarantee and Payment) (Califomia C3o'vemment Code ff 66499-66499.10) 1. PULOTAL.0ir Stu ry ls�rt. 1► : The developer(principal)has executed a subdivisidu agreement with the County of Camtm Costa to install and pay for strset, drainage and other improvements in Subdivision Par al No.--* :as specified in the,subdivision agreement and to complete said work within the tune specified for completion in the subdivision agreement.all in acemiance with State and local laws and rulings thereunder in or&r to satisfy oonditions for filing of a final map or parcel map for said subdivision. * 138-230--022-4 05-"' 01 2. t7►Wg6 . GhetC ti 6 Assaciat s. . _ asprncipaland Indemnity Comphny of California _ a corporadon organizCd and existing under the laws of the Static of California and autholized Ler TMASS'ct surety busiaees in California„ as surety, lathy job* and severally bind oumelves, our heirs, executors, sdministrators,zwxessors and assigns to the County of Contra Costa,„Catifoulia to pay as follows: A. Performance and Gi►uarnater.One Fi IBdred Thirty[„ geygn 1ho sand Four HIMdrad TLmlve** Dollars($137,412.00 )for Coma Com Cvnuty or any city assipee under the above;do ty Subdivision AgroMent. ** and N01100 B,, pgyMmmL- Sixty Nine Thousand Four Hundred and,SQ11 0----------------- 69,400.00------ to semis the claims is which refavnce is nude in Title XV (commencing with Section 3082) of.Part 4 of Division IU of the Civil Code of the Ste me of California. 3. QM-(TION; A. lie Condition of this obligation as to Section on (2.A.) above is such that if the above bonded principal,or principal's brain,cxacutors, adminiasMtors, $ rs or awkVal shell in all tdungs stand to and abide by and well and truly keep and perfoYm the cavemts,conditi and provisions in the said agreetugmt and any altmtion thereof made as them provided,on it or its peat,to be kept and permed at the time sad in they numner ftmin specified and in all respect accozdt to their true i tumt and meaning and shall indemnify and save horde m the County of Contra Costa(or city assi, )its officers,agent;and employes,as therein stipulatexl,thin this obligation shall beoome null and void; otherwise it shall be and remain in full farce and e.f rzt. As part of the obliptivn scoured hweby and its addition to the face WrWM specified tat titre std be lnchided reaaaneWt costs,expenses and fees.including reasomible attorney's fres„irxvrred by the County of Coutra Cost$(or city"signce)in successiiilly enforting such obliption,all to be taxed as cosu and ceded in any judgernent rendered. r i l8` The condition of this obligation, as to Section (2.B.) above, is such that said principal and the undersigned, as corporate surtty, are held flraily bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and other pcatstrns employed in the paf of the aforesaid subdivWon agreement and referred to in the aforesaid Civil Cod*,for mamrials f=glicd, labor of any kir4 or for amounts due under the'Unemployment insurance Act with respect to such work or labor and that said surety wlll.paxy the same in in amount not exceeding the amount herein above set forth and also,fnraasc suit is brought upon this bond,will pay,in sdadit n to the fact amount thereof,reasonable costs,expnises and fats,including reasonable attom s fees, incurred by the County of Contra Costa(or city assignee)in successfuliyr enforcing such obligation, to be awarded and fixed by the court, all to be taxed as casts and to be included in the judgement therein rendered, ,It is hereby expressly stiplrlaeaGt'd awd*weed that this bond shall in=to the benefit of any and all persons, companies and corporations entitled to filen claims under Title 15 (coca mespcing vdth Section 3082) of art 4 of Division 3 of the Civil Code,so as to give at right of action to them or their snips in any suit brought upon this bond, Should the work under conditions oftW bond be fully performed,tban this obliptionshall,become mull and void; otherwise it shall be and remain in fall force and efffwL C. No altlumdon of'said sub*vidou agreement or any plan or specific sfion of said ward agreed to by the principal and the County of Contra.Caste(or city aassi c)shall relieve the surely from Iiability on this bond; aaeuad cones is hareby given to aruke such alteration without fitrdw notice to or consent by the surety,and the surety hereby waaivt ss the provision of California Civil Code Section 2819 and holds itself bound without mgarrd to and iof any action aWnst the Wirwipal whenever tralm. $tc, Q►A,lw&ALM on September-19, 2003 --- f'sttNC'tPAL; Cltejcuti & , a3:�ociates, Inc. $1Jit 7X: Indemnity. C4mpan of California Addrem: 1204 Alpine Rd« Suite 3 ___.. Addresa>: 17780 Fitch Suite 200 City. Walnut Creek .92614 2`i 9 '596 City: I t;U a Zips , .. 13Y= X By. Print Nanta: z A— PrintName: DA t tea - ac t Tide: Title_ Attomey-in-Fact o. �aw�taaatair.as� neer,al..tw�br sea,z� POWER OF ATTORNEY FOR DEVELOPERS SURE'T'Y AND INDEMNITY COMPANY INDEMNITY C ANY OF CALIFORRLA PO BOX 14725.IRVINE,CA 92623•(949)263-3304 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: *** Robin S. Westfail, Gregory M. Pribyi, Daniel Livsey, Stephan G. Roddle, jointly or severally*** as their true and lawful Attorneys)-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,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by,authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1.2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship: and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED.FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. iN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8"day of January.2002. .•tt ANC! 0 By, qti. • / gapANy � David H.Rhodes.Executive Vice President sa°6`3 0,APO�jfisy•,� aC' CIvkPC}Flq L?� `f Dtdr _ OCT.5 Ini O r-A�Ue�40 a0. 1935 $ f W 7967 13y. Walter A.Crowell, Secretary ' r�i'„I�1W?�.••`,I.h. ft1P0Fye,�� Irr'Irrprrrrttsrflrra•,' �' STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On January Ii,2002,before me,Antonio Alvarado,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the nem. ns acted.executed the instrument. WITNESS my hand and official seal. ANTONIO ALVARADO COMM.0 1300303 Notary Public-I al'Crniat Signature3:9-� ORANGE COUNTY g _ My Comm.Expires APRIL 10,2005 pa CERnnCATE The undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Hoards 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 19th_day of September - 20103 C By 7° - "'W—' David G.Lane,Chief Operating Officer ID-1380(01102) STATE OF Califomia �- SS. COUNTY OF Contra Costa On September 19,2003 , before me, Rita A.Blsaha,Notary Public PERSONALLY APPEARED Daniel Livsey Personally known to me ; s£adovj4d#=*)to be the person*whose names)is/are- subscribed to the within instrument and acknowledged to me that he/sheAhey executed the same in his/hexAheir authorized capacitl4ies),and that by his/jezWwk signature(r+ on the instrument the person(; or the entity upon behalf RITA A.BISAHA of which the person(&)'Ucted, executed the instrument. Commission# 1368065 Notary Public - California Costa County WITNESS my hand and official seal. 4iMyC nar=,Fxplres 2006 Signature Notary/Public This area for Official Notarial Seal AW 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 Cl INDIVIDUAL ❑ CORPORATE OFFICER #867414S TITLE OF TYPE OF DOCUMENT TITLEM PARTNER(S) D LIMITED El GENERAL 1 19 ATTORNEY-IN-FACT NUMBER OF PAGES ® TRUSTEE(S) C� GUARDIAN/CONSERVATOR 0 OTHER: - _ September 19,2003 DATE OF DOCUMENT SINNER IS REPRESENTING: NAME OF PE"S)OR EWrrYPE* Indemnity Company of California SIGNER(S)OTHER THAN NAMED ABOVE 0-1232(AAV.sroo) ALL-PURPOSE ACKNOWLEDGEMENT r CALIFORNIA ALL-PURPOSE ACKNt)WLEDGEM[ENT State of t? /red 0i OPTIONAL SECTIt3N County of ! CAPACITY CLAIMED BY SIGNER OnC before ma, Though statute Boat not require the[Votary to tiff In A t the data below,doing so may prove invaluable to paraonally appeared7 persons relying an the document. NAWB)OF s i7 INDIVIDUAL personally known to me-OR-a proved to me on the basis of satisfactory evidence to CORATE 0 G lt•� be the mon(s)whose name(s)islare ! �' ! subscribed to the within instrument and acknowledged to me that helshe/they executed q PARTNMS) 0 LIMITED "'+""'''""++��++•wr the same in hislherltheif authorized 0 GENERAL Ft. MARIE capecity(ies),and that by his/her/their signature(#)on the Instrument the person(s)or 0 ATTORNEY-IN-FACT Comm.t 1248990 0 TRUSTEB(S) NOTARY PUBIC-CAUFOpMIA � the entity upon behalf of which the par#on(s) 0 GUARDIAN/CONSERVATOR Costes Cssts C$� �• acted,a uted the instrument. C7 OTHER: Y Com##,Expirtt Jsn,td,2004 + W and fflcial eel, SIGNER 18 REPRESENTING: (NAM OF PUSON(S)OR WMY(MS)) S ONrJAKOP NWARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACKED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above wattachment of this form — - t 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 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$5,000,000.00. Insurance carriers must also meet a variable deductible established 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,result in any change in coverage under the attached bond. No additional premium has been charged for the terrorism coverage required by the Act. INSCO INSURANCE SERVICES,INC. Underwriting Manager for: Developers Surety and Indemnity Company Indemnity Company of California 97780 Fitch,Suite 200•Irvine,California 92614•(949)283-3300 www.insooDloo.com I0-9498(3103) 811A103 OLD REP. $42 01-0005 Tax Collector's office William J.Potlacek 625 Court Street Co n County Treasurer-Tax Collector Finance Building,Room 100 a P.O.Box 631j``` Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646.4135 FAX Tax Operations Supervisor Cate: 8/14/2003 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/MS# City T.R.A. 01-0005 WALNUT CREEK 78079 Parcel#: 138-230-022-4 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 $18,700.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter. Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to ding with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasurer-Tax C lle By: INSCO INSURANCE SERVICES, KC. -.. Underwriting Manager for: i�� 1C Developers Surety and Indemnity Company - Indemnity Company of California 17780 Fitch,Suite 200-Irvine,Callfomia 92614•(949)263-3300 SUBDIVISION TAX BOND BOND NO.: 8674155 $ 561.00 premium is for a term of one years) KNOW ALL MEN BY THESE PRESENTS: THAT we, Chetcuti&Associates,Inc. ,as Principal, and Indemnity 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 the Contra Costa CourtTax Collector as Obligee,in the sum of eighteen thousand seven hundred and 001100 ($ 18,700.00 ) 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: Parcel 138-230-022-4 DATE. _ BOND REVIEWED AND A.FPROVED CONTRA COSTA COUNTY TR T COLLECTOR BY. 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 2003-2004_,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 a0d attested by its duly authorized Attorney-in-Fact at 3100 Oak Road Suite 260 Walnut Creek ,California,this 28th day of August , 2003 YEAR Chetcuti&Associates, Inc. Inde Company of alifomia Principal Surety Daniel Livsey Attorney-in-Fact ID-1208(CA)(REV.1101) PRINCIPAL TITLE COMPANY SUReTY- Chetcuti &Associates Old Republic Title Company Insco Insurance Services 1204 Alpine S#rest, Ste. 3 3000 Clayton Road 17780 Fitch Street Suite 200 Street Address Street Address Street Address Walnut Creek CA 94596 Concord CA 94510 Irvine CA 92614 City, State, Zip City, State, Zip City, State, Zip Benny Chetcuti Dawn Cabral Daniel Livsev Contact Person Contact Person Contact Person (925) 933-6575 (925)687-7880 C9491-263-3300 Phone Number Phone Number Phone Number POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY CdMPANY OF CALIFORAU " PO BOX 19725,IRVINE,CA 42623 a(944)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited.DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: *** Robin S. Westfall, Gregory M. Pribyli Daniel Livsey, jointly or severally*** as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorneys)-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 Attorneys)-in-Fart,pursuant to these presents,ate hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000. RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorneys)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 Attomey; 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 shalt 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 January.2(()2. , `4„p,uarnugN By. yo ZK AND J,y aw MPAN Y O David H.Rhodes,Executive Vice President •`vQ;.•''PyOR4'••'+ ts0 gtPO� s�O iFa.ly �s PCy OCT OCT.5 �0 sa 1236 , ut 1967 By Alw— y'f®.,.fO......*i Pt1FOR�� c Walter A.Crowell, Secretary ., .. �, +�y STATE OF CALIFORNIA } )SS. COUNTY OF ORANGE } On January 8,2002,before me,Antonio Alvarado,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged 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 nersons acted.executed the instrument. -- - - - - - - - -- ----- --- WITNESS my hand and official seal. r- ANTONIO ALVARADO COMM.#13011303 Notary Public-Callhamia "" n ORANGE COUNTY Signature My Comm.Exon APRIL 10,2005 CERTIFICATE The undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attomey,aro in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the_28th day of August 2003 LA \W- By David G.Lane,Chief Operating Officer ID-1380(01/02) insr— lco a � a 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 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$5,000,000.00. Insurance carriers must also meet a variable deductible established 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,result in any change in coverage under the attached bond. No additional premium has been charged for the terrorism coverage required by the Act. INSCO INSURANCE SERVICES,INC. Underwriting Manager for. Developers Surety and indemnity Company Indemnity Company of California 17780 Fitch,Suite 200•Irvine,California 92614•(949)263-3340 www.inscoDloo.com ID-1498(3/03) STATE OF Callfornia � �` -•" SS. - CO NTY OF Contra Costa On August 28th,2003 before me, Rita A.Bisaha PERSONALLYAPPE'AREI7 Daniel Livsey personally known to me }to be the person(.y whose name4o is/axe-subscribed to the within instrument and acknowledged to me that he/sjra&hz)i..executed the same in his BwAheir authorized capacity(yee3,and that by hislhoW k eir signxature(,0 on the instrument the person(r}or the entity upon behalf of which the person44 acted, executed the instrument. _ 'i' RITA r. AHA I t2ifA A.BtSAHA Commission# 13tS80fr6 WITNESS my hand and official seal. Notary Public- Cailfornia Contra Costa County MYCam.EvkresAug 20061 Signature Rita A.Bfisaha This area for Official 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 0 INDIVIDUAL © CORPORATE OFFICER Bond#8674155 TITLE OF TYPE OF DOCUMENT ITL ( -45 © PARTNER(S) ® LIMITED GENERAL Three ATTORNEY-IN-FACT NUMBER OF PAGES d TRUSTEE(S) GUARDIAN/CONSERVATOR © OTHER: August 28th,2003 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PEASON(S)OR ENTTIY(IES) Indemnity Compal of California SIGNERS OTHER THAN NAMED ABOVE ID-1232(REV6/01) ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of /+�� ��- OPTIONAL SECTION County of c,e— 40 ! ».P —j',-zt CAPACITY CLAIMED BY SIGNER On before me, Though statute does not require the Notary to fill In the data below,doing so may prove invaluable to parsons relying on the docnmeat personally appearad :Vea I - — 13 INDIVIDUAL ally known to me-OR-0 proved to me on the basis of satisfactory evidence to O CORPORATE OFFICER(S) be the person(a)whose name(#)istare TI S) subscribed to the within instrument and acknowledged to me that hetshehhey executed C PARTNER(S) 0 LIMITED {i�l��i the same in his/herJtheit ruihorized C GENERAL Comm 11249870 capaclty(les),and that by hiallw/their p AT rORNBY•IN-FACT .. YJ signatures)on the instrument the person(,)or p4 FAItY ltJ8l3C CAUFOANU► O TRUSTBB{S) Conus Costs Coomy " the +IIY upon behalf of which the pennon{s) 0 OUARDIANICONSERVATOR MY COW,flots j".t5,2044'# acted-&xecuted the instrument. p OTHER: y nd and oflloial seat, SIGNET€IS REPRESENTING. (NAM OF rrraSotgs#OR Wrmv(tas)i rmAR OPTIONAL SECTION THIS CERTIFICATE MUST IIB ATTACHED 'Title or Type of Document TO THB DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above reattachment of this form P SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Minor Subdivision 5- 01,being developed by Chetcuti&Associates Inc. Walnut Creek area(District III). DATE: October 28,2003 PAGE: 2 B. Surety Bond Bond Company: Indemnity Company of California Bond Number: 8674145 Date: 9/19/03 Performance Amount: $137,412.00 Labor&Materials Amount: $69,400 Principal: Chetcuti &Associates Inc, 2. Tax Letter: A. 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 fall and that the 2003-2004 tax lien,which became a lien on the first day of January 2003, is estimated to be$18,700.00. 3. Tax Surety: A. Security to guarantee the payment of taxes, as required by Title 9 of the County Ordinance Code, in the form of a surety bond, No. 8674155, issued by Indemnity Company of California with Chetcuti&Associates Inc. as principal,in the amount: $18,700.00, guaranteeing the payment of the estimated tax. 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 APPROVED. All deposit permits are on file with the Contra Costa County Public Works Department. HSOLUTION NO. 2003/651 SUBDIVISION AGREEMENT e ►+ �+ (Government Code§55462 and§66463) Subdivision: Principal: ( .(r�' . C C el' " Effective Bate: Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CQ COSTA.COUNTY PRINCIPAL, Maurice M.Shiu,Public Works Directorr�"" � 1 Ifl'` ' SNt. By: ��'�► (sem) (Print num By: E .ces Division (Print nam&tide) F APPRO Victor J.Westman,County Counsel (NOTE: A11 signatures to be acknowledged.If Principal is incorporated,signatures must conform with the designated reprtsentadve groups pursuantto Corporations Code §313.) 1. P S&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Count'and the above-mentioned J�d_t ,mutually promise and agree as follows concerning this subdivision: 2. ZRRQYEMES+ITS. Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as reviewed said on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code (including future amendments thereto). Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof,as required by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements ofthe County Ordinance Code and rulings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IW99VEMEM;y RIT'SC, Upon executing this agreement,Principal shall,pursuant to Government Code §65499 and the County Ordinance Code,provide as security to the County: 8 A. E.#?fpe�btiand QuKa= S cash,plus additional security,in the amount:$ t n,41 a t o which together total one hundred percent(100%)of the edlimated cost ofthe 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 unsatisfactory performance. B. For Ean=: Security in the amount:S 1400which is fifty percent(50%)of the estimated cost ofthe work. Such security is presented in the form of: IF Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal.Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securities may be reduced in accordance with§94-4.405 and§944.405 of the Ordinance Code. 4. GUARANTEE AND WAMAM OF W principal guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(I)year from and after the Board of Supervisors accepts the work as completes 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. PL 6M ESTABLISHMENT WORK. 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 performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the conditions of approval for the subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes necessary to the plans to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval ofwork and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill this agreement as.prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are County and County's special district,elective and appointive boards, commissions,officers,agents and employees. B. The liab,"litics lit' protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below and including personal injury,death,property damage,inverse condemnation,or any combination of these and regardless of whether or not such liability,claim,or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as complete and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing lig `lite are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. , Non conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has Prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: 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 Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS:If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Principal hereby consents to entry on the subdivision property by County and County forces;including contractors,in the event County proceeds to complete and/or maintain the work. Once action is 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 recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees-and all other expenses of litigation incurred by County in connection therewith,even ifPr ncipal subsequently proceeds to complete the work. 12. INCOMO}1t A'ITON/ANNEXAMON. 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 of a third party beneficiary against Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8 (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. am m and o:urpt>sakWvcvFbnr uowo>zmrACWO.da oquaberr2S,ZWI CALIFORNIA ALE-PURPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION County ofCAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill In a r , 1t, o j the data below,doing so may prove Invaluable to personally appeared BE nl MV cti «-z 3 F. persons relying on the document. I NAWKS)OF BMWs) F. , P DIVIDUAL patronally known to me-OR-0 proved to me on the basis of sadsihctory evidence to At7 TB OFFICER(S) be the porson(s)whose name(s)is/are T1e S) 'r subscribed to the within instrument and acknowledged to me that helshe/they executed 0 PARTNER(S) 0 LIMITED the same in his/her/their authorized 0 GENERAL rr... capacity(ies),and that by hislher/their 0 ATTORNEY-IN-FACT A. MARIE signatures)on the instrument the person(s)or 0 TRUSTBB(S) Comm.x1124997A %ry� rho entity upon behalf of which the person(s) 0 C3UARDIAN/CONSERVAT{7R LIDEV OTARY PUBLIC•CALIFOW y1 ac xecuted the instrume}rt 0 OTHER: Coy $Costs Comm "' Comm.11PIris Jan,16,2004 y and d official so 1, SIGNER I8 REPRESENTING. (NANZ OF PBRSON(S)OR WrITY(MS')) SI A OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Data of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above reattachment of this form 7 ') l 'gy" l ' �f �i/L 7r0II�1�YCYJIri QL w / JfifO111AWAM UIaV all !� • ` t / � � ' MAW-4 AIPltrll t9a�t—woz) IBM WN WAX � a■ow,s AWK i r sr. •tea- f S Am-v . WI_� W, ..-0 Aw Ara MAAM a _-AO's SA AIbm «. Imlyd -1 wmknm-4 AM NMAINaL vn.vww < t t W10,IVM h P4 9 - -� � COUNTY OF CONTRA COSTA DEPOSIT PERMIT � OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA REIT: ORGANIZATION NUMBER VIA (For Cosh Collection Procedures see County Administrator's Bulletin 105.) ....: DESCRIPTION FUNDJORG SUB ACCT TASK OPTION ACTIVITY AMOUNT `z I Z113 .01 12zi q0j 2,I9, . Lj i 1 i f _ 1 I 1 I: 1 i 1 f , 1 . 1 i i f l - i 1 f XPLANATION: TOTAL 1 DEPOSIT Deposit consists of the fallowing items COIN cid CURRENCY $ CHECKS,M:0.ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT ',I► /try PERMIT DP Y r NUMBER 1 k DATE ASSIGNED The amount of money above is for Treasurerpt of above ama,0 is approved Receipt of above amount is hereby deposit into the County Treascrry acknowledged r r L/J Title: EXT. 3"", 3 W Sig" Deputy County Auditor Deputy County Treasurer a -34REV..(7-93 819800-0800. G1121584, $4,100.00, DG 0021, Performance Cash Bond, Windemere BLC LLC, 3130 Crow Canyon PI #'310, San Ramon, CA 819800-0800: 01121594, $1,388. MS 05-01, Cash Bond, Chetcuti cSc Associates, Inc. 1204 Alpine Road, Suite 3, Walnut Creek, CA,94596