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HomeMy WebLinkAboutRESOLUTIONS - 01012003 - 2003-714 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adapted this Resolution on December 2, 2003,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 20031714 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7609,being developed by John D. Curtis, Martinez area. (District II) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 7609, property located in the Martinez area, Supervisorial District II, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with John D. Curtis, principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors Originator:Public Works(ES) - on the Sate Shown. Contact: Chris Lau(313-2293) CL,rm GAGrpData\EngSvclB0\2003112-02-034SD 7609 BO-21.doc ee: Public Works--T.Hell,Construction DE-�� 2003 Current Plamring,Cormrrunity Development ATTESTED: : T—October 2,2004 JOHN SWEETEN, Clerk of the Board of Supervisors and John D.Curtis 1235 Escobar Street County Administrator Martinez,CA 94553 Developers Surety and Indene»ty Company Sandy Black P.O.Box 19725 Irvine,CA 92623 By ,Deputy 10, RESOLUTION NO.2003/ 714 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7609, being developed by John D. Curtis,Martinez area. (District II) DATE: December 2,2003 PAGE: 2 A. Cash Bond Performance amount: $14,700.00 Auditor's Deposit Permit No. 414721 Date: November 12, 2003 Submitted by: John D. Curtis Tax ID Number: 565-689971 B. Surety Bond Bond Company: Developers Surety and Indemnity Company Bond Number: 5657525 Date: November 7, 2003 Performance Amount: $1,453,300.00 Labor&Materials Amount: $734,000.00 Principal: John D. Curtis 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 2003-2004 tax lien has been paid in full and the supplemental tax lien is estimated to be$0.00. 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 final 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. 4 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/714 V4 �s 91 Al 4 mp O Y p IPA r y�r wa ALLONWIA -POP !0 � vt � '� •� ia Is tlbNit, �r �. cu , ta gW ffi �� OOOCCC LL, F C ffi 39 i ina af t � a ren 110, tell �� � � � � � �r� • Al ass U3 r � m < y` ajig F F RI. 11 .� _ y5 g N � aaoa� A3T1�lh �f�eWtrFFt'rff OMum A ce jD y .a I !co m t i eAWZVW xm tat is Pl' AJAFW iC Iii r 10 "`• A... a ca e sol pja v13121v .W , o QNY 'I 1tsr80?J art j � kr r ?J Aoe WbI1"r!M CDo U)L( w OggJNV 2 V"J0O2! 'W VUIVLs saw �! 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'�u i[�`�Cl t�•,1�' .,f� .taw #t w, '�" �"' RR L.2 a COUP % S 1 tY 1f � t h. �.�g obis t� I � � � ti� ,,,,moi 16 7255 '�" 6 i '®i Go 4 I I it �t i ' rJ �Its 0 hit I VA sitr �►' IX + U �.t ��tq'fir3 err Jb c? � yy' OAKS r � i Ny r 4 V r •' \ t � 1 � fA V5tail It J SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivision: Sub 7609 Principal: John D. Curtis, a single man Effective Date: ., F'( �. 2. zccz Completion Period: I year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY PRINCIPAL. Maurice M.Shiu,Public Works Director By: (Srinature) 3 (Print nam.-v1 title) MME OR V Jahn D. Curtis , Owner & DL?D F a single ms,n By: (sipature) gin ervices Division (Print name At title) P O : Victor J.Westman,County Counsel (INCITE: All signatures to be acknowledged. If Principal is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313) I. PARTIE5&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called" ounW'and the above-mentioned Principal,mutually promise and agree as follows concerning this subdivision: 2. IMPCtQVEME+1TS. Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code (including future amendments thereto). Principal shall complete said work and improvements(hereinafter called "work")within the above completion period from date hereof,as required by the California Subdivision Map act(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 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. IMPROVEMENT SE LU . Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. For Porfornra tce and Quarantoo- 5 14,700.00 cash,plus additional security,in the amount:S1 t 4 53,300.00 which together total one hundred percent()00%)of the estimated cost of the work. Such additional security is presented in the form of Cash,certified check or cashiers check. X 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. Far Payment: Security in the amount:$73'4 r 000.00 ,which is fifty percent(50%)of the estimated cost of the work. 'Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4, w*1 tAtz MTEE ANI)W&RLAN1Y OF WORK. Principal guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with Article 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. P1 ANT E5TABI ISH ENT 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 of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Principal shall hold ham-Jess 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 liabilitie 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 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 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. IL NQN-PERFORMANCE AN12 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 maintainahe 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. y 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. i 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 attorneys fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. 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 trap or parcel map for said subdivision. Ri,m:1ad GA0TpDa%\BnSSvc\FornnlAG WORMAO-30.doc Rev. October 23,2001 CALIFORNIA ALL-PLAPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION County of � CAPACITY CLAIMED BY SIGNER On e�`ore me, a -.-� 0 CU 1 Though statute does not require the Notary to fill in DATE N ME MIX OF OFFICER B.G.,"JANE NOTARY PUBLIC' the data below,doing so may prove invaluable to personally appearedj6hrl persons relying on the document. NAt�E{s flFstGNER{sl 0 INDIVIDUAL D personally known to me-OR proved to me on the basis of satisfactory evidence to D CORPORATE OFFICERS} be the person whose namefe is/are TITLE(S) subscribed to the within instrument and acknowledged to me that helsh*%*y executed 0 PARTNER(S) 0 LIMITED Tf811VH1"ilA,L SPADN the same in hiAmy'dioir authorized11 U GENERAL CO"VTONW#=7T1� capaci and that by hislh tiieis p ATTORNEY-IN-FACT signaturre q on the instrument the person*or 0 TRUSTEE(S) t MNu the entity upon behalf of which the perso*)Comm C7 GUARDIAN/CONSERVATOR G(iN0 t' 1 acted,executed the instrument. D OTHER: WITNESS my hand a off sea, � SIGNER IS REPRESENTING: (NAIsSE OF PERSON{S}OR t?NT)TY{IFS}} SOINATURE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document Jyj C) t + TO THE DOCUMENT AT RIGHT. Number of Pagesy 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 re-attachment of this form NS C CMONS TO NQTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. 1. FOR ALL SIQVAZM.S - The name and interest of the signer should be typed or printed RENEATH the signature. The name must be signed exactly as it is typed or printed. II. SIGN&EMSFOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. IIT. SIGN41URES FOR PAR Signing party must be either a general partner or be authorized in writing to have e authority to sign for ani in partnership. IV. SIGNAI=S FOR CPR P Documents should e signed by two officers,one from each of the following two groups: ` GROUT' 1. Na, hair of the Board {b)The Presiden# c Any Vice-President .GROUP Z. a The Secretary b An Assistant Secretary c The Chief Financiai C3fTicer d The Assistant Treasurer If signatures of officers from each of the above two stoups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. ic:MW "WS4lSHARDATAt(3ipDi"V.$aSa"rcSPnrmAwORD FOXMT\ALL PURPOSE NOTARYAm WIC RFMA �00 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLL R TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM tow+ n) ORGANIZATION NUMBER ## (Far Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG Sulk ACCT, TASK OPTION ACTIVITY AMOUNT $ 1Y' 4/2 ;tau l 56 ;0 ' M350 q&66 433 ' '..?/ i r 1906e05( 5) �tas C> 11 ►6 q.jA0.;i_ t E PLANATION: p /, / TOTAL 2 2- DEPOSIT r, Deposit consists of the following items 7 2 7!< -" COIN and CURRENCY $ CHECKS.Ma ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT [)p -- NUMBER DATE 414721 NOY 1. '1 ASSIGNED The amount of money described above is for Treos receipt of a ount is approved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged. } .. fi Date 12 j Signed: Signed: Ti " w EXT. C f L Deputy County Auditor Deputy County Treasurer D-s$REV.tr-s},34, t' L 112,1 0µ COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER ` (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG SUB. TASK OPTION ACTIVITY AMOUNT ACCI �i 11520 lid 111 - 111 11 ILI I I I III I i I I I I Ili 1)00 i fill 111111111 1 t Ili 1111111 till 11111111 it 1 11 it llill i 1 1 i t t i 1 i i i i 1 t 1 i f 1 t 1 i t EXPLANATION: TOTAL $ 1 DEPOSIT Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.0,ETC. $ BANK DEPOSITS $ -FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DF+ r / NUMBER f tj DATE � ! ASSIGNED The amount of money described above is for TreasupKyeceipt of i ount is approved. Receipt of above amount is hereby ,deposit into the County Treasury. acknowledged. r / ``• '�Lt��.i,•2 �' Date. �f - . '{ f{-r� EXT. �i ` Signed: Titi Deputy County Auditor Deputyltounty Treasurer )•34 REV(7-93) 0649-9665/831000: GI 122309, $1,575.00,MS 02-15,Map Check.Pee,PhillipA. & Leri L. Wolfe, Co-Trst A/L L Wolfe Trust, 6000 Johnston Rd. Pleasanton, CA 94588- 9595 0649-9665 /831000: GI 122311, Shapell Industries of North California, PO Box 361169, Milpitas, CA 95035 $10,000.00, DA 0030, Drainage Acceptance Review $10,000.00, DA 0031, Drainage Acceptance Review 0649-9665 / 831000: G1122312, $304.095.38,RA 1145, Road Acceptance Inspection Deposit, Shea Homes, 2580 Shea Center Drive, Livermore, CA 94550 0649-9665 /831000: G1122313, $230,355.66, Sub 7562, Major Sub Inspection Deposit, Shea Homes, 2580 Shea Center Drive, Livermore, CA 94550 0649-9665 /831000: G1122315, $35,333.00 Sub 7609,Major Sub Inspection Deposit, John D. Curtis, 1235 EscobarSt. Martinez, CA 94553 0649-9665 /831000: GI 122316, $1,000.00,DP3048-00, COA Compliance Check,No Improvement plans, Hofmann Land Development Co., 1380 Galaxy Way, Concord, CA 94520 819800-08010: G1122312, $74,200.00, RA 1145, Performance Cash Bond, Shea Homes, 2580 Shea Center Drive, Livermore, CA 94550 819800-08010: 01122313, $53,900.00, Sub 7562,Performance Cash Bond,Shea Homes, 2580 Shea Center Drive, Livermore, CA 94550 819800-08010: G1122314, $1,500.00, Sub7562, Performance Cash Bond, Shea Homes, 2580 Shea Center Drive, Livermore, CA 94550 819800-08010: GI 122315, $14,700.00 Sub 7609, Performance Cash Brand, John D. Curtis, 1235 Escobar St., Martinez, CA 94553 0682-9752 / 819200: 0I 122313,Sub7562, Shea Homes, 2580 Shea Center Drive, Livermore, CA 94550 $3,450.00, COA84AT SR4, Cypress Road Intersection Improvements $91,080.04, COA84AZ, Laurel Road Corridor Pee $46,920.00, COA 84AZ,Byron hwy 0682-9752 / 819200: 071122315, $43,778.00, Sub 7609, COA27H Reliz Valley Rd Corridor Pee, John D. Curtis, 1235 Escobar St., Martinez, CA 94553 0683-9752 / 819300: 01122313, $10,000.00,Sub 7562, COA 84AU, Oakley/N. Brentwood AOB Shea Homes, 2580 Shea Center Drive, Livermore, CA 94550 828900-0800: GI 122180, $2,,.290.00, ECCTIA.Traffic Fees, Radder& Carol Vin Uhlit, 48560 Ursa Dr. Fremont, CA 94539 828900-0800: GI 122181 J2,290.00 ECCTIA Traffic Fees, Delfino Laga, 80 Loftus Rd. Pittsburg, CA 94565 0648-9140/ 812100. Ci 122315,$18,�07.50,Drainage Deficency/Mitigation,Alhambra Creek, John D. Curtis, 1235 Escobar St. Martinez, CA 94553 Subdivision: Suit 7609 Bond No.: 565752S Premium $29,066.04 IMPROVEMENT SECURITY BUND FOR SUBDIVISION AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECTTAL OF SUBDIVISION AGREEMENT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision 7609 . as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. QBLIGATION: lJobZ D. 4urr ,s single min as principal and peye.,,l rs %xety and Tademity , a corporation organized and existing under the laws of the State of IM_ and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors'and assigns to the County of Contra Costa, California to pay as follows: One. million four hundred fifty--three thou- A. Performance and Guarantee: sand three hundred and not100------------- Dollars ($ 1,453,300-00 - l for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: Seven hundred thirty-four thousand and no/l00- -------Dollars ($ 734.030 to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division In of the Civil Cade of the State of California. 3. CONDMON: 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 iri all things stand to and abide by and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on it or its part, to be kept and performed at the time and in the manner therein specified and ih all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city assignee)its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore; there shall be included reasonable costs, expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.B.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all contractors, subcontractors, laborers,material men and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also, incase suit is brought upon 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 Contra Costa(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Titlel5'(commencing with Section 3482)of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under conditions of this bond be fully performed,then this obligation shall become null and void, otherwise it shall be and remain in fell 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 further notice to or consent by the stirety, and the surety hereby waives'the provisions of California Civil Code Section 2819 and holds itself bbund without regard to and independently of any action against the principal whenever taken. SIGNED ANDSIRALED on \November 7. 2003, PRINCIPAL: Jahn D. Curtis,_ a single man SURETy: Developers Surety and Indemnity Company Address: 1235 Escobar Street Address: P.O. Bax 19725 City: _Martinez CA Zip: 94553+1208 City: iryim 6 By. By. 4CPrint Name: John D. Curtis, a single man Print N y 1 C Tlile: Owner Title: Atto -Fact Mmw.lap GAGrpDataWEn0vclFomuZN WORMN-12.doc Rev.November 28,2000 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 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$1,000,000,000.00 for which the Federal Goverment or an insurer can be responsible. Participation in the program is mandatory for specified lines of property and casualty insurance, including surety insurance. The Act does not, however, create coverage in excess of the amount of the bond, nor does it provide coverage for any losses that are otherwise excluded by the terms of the bond, or by operation of law. No additional premium has been charged for the terrorism coverage required by the Act. Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch Irvine,CA 92614 (949)263 3300 www.inscodico.com 4 CALIFORNIA ALL-PU "OSE ACKNOWLEDGEMENT State of L 4 ''� {a OPTIONAL SECTION County of l� _ CAPACITY CLAIMED BY SIGNER Tort me, Though statute does not require the Notary to fill In DATE �PAMZ,TTTLE OF OFFICER +t' DOEWTAJLY PUBUC< the data below,doing so may prove invaluable to personally appeared'„a o �y persons relying on the document. NAMES}OF SIONR(S) 0 INDIVIDUAL 0 personally known to me-OR,roved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S) be the person6}^whosc name*is/ars. TITLE(S) sl♦�trV subscribed to the within instrument and TI�MM1�l4IAtt. acimowledged to me that he/shalti'tsy-sxecuted 0 PARTNER(S) 0 LIMITED the same in his/haF,&h44P authorized 0 GENERAL C 1 0 17t8 capacity a}t and that by hisllu►r+i0miT ❑ ATTORNEY-IN-FACT MAW• � signature n the instrument the person,�or 0 TRUSTEE{S} .� the entity upon behalf ofwhich the person( C GUARDIANICONSERVATOR acted,executed the instrument. 0 OTHER: WITNESS my ha nd rcial s SIGNER IS REPRESENTING. (NAMg OF PERSON($)OR ENTITYO) SFNATUREE OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title oraype of Document�..1"'r`1L�"'Zf�ZrOP1L}.YI+ S 1J tP L Ltd TO THE DOCUMENT AT RIGHT. Number of Pages COY' &.Aj.>rAW1 t CC7y*% H9ir4t_t'r"en f_ 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 re-attachment of this form INSTRUMONS 10 NC3T I2Y The following information is provided in an effort to expedite processing of the documents,. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. 1. FOR ALL SIQV,& S - The name and interest of the signer should be typed or printed BENEATH the signature. The naive must a signedexactlyas it is typed or.printed. II. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGRS - Sigtzing party must be either a general partner or be authorized in writing, to have e authority to sign or an in a partncrslluur IV.— SIG Documents stiould be signed by two officers,one from each of the following two groups: GROUP 1. Hai,, The Chair of the Board The PresidentAny Vice-President GRflC.)P 2. a The Secretary An Assistant Secretar c The Chief Financial Officer d The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JC MW %\PwS41SHARDATA\Cr DWA\EnSSvelFoxmlwORD FORM ULL PURPOSE NOTARY.d« STATE OF CALIFORNIA COVN,yOF SACRAMENTO SS. On November 7+ 2003 before me, ERIN RUSSELL, NOTARY PUBLIC > PERSONALLY APPEARED SANDY BLACK 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 he/shelthey executed the same in hislherltheir authorized capacity(ies),and that by hislherltheir ,, signature(s)on the instrument the person(s), or the entity upon behalf U ERIN f�USSEL� of which the person(s)acted, executed the instrument. Q COWA#1440038 NOT PUBLIC-CALIF(1RNIA Q SACRAMENTO COUNTY U WITNESS my hand and official seal. COMM EXP:SEPT. 18,2007 r 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 'T6E(3) j ❑ PARTNER(S) © LIMITED ❑ GENERAL �I ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ® OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OA ENTrrY(!E$) INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS SURETY AND INDEMNITY COMPANY SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV.5101) ALL-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 Attorncy(s)-in•Fact.to make,execute,deliver and acknowledge,for and on bchaif of said corporations as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attomcy(s)-in-Fact full power and authority to du 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 tate 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 Dircctors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as ofNovembcr 1,2000: R-SOLVE•D.that the Chairman of ahc Board,the President and any Vice President of the corporation be,and that each of diem ttcrcby is,authorized to execute Powers of Attorney,qualifying the attorncy(s)named in the Powers of Attorney to execute,on behalf of tho 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 ofsuretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and iNDEMNITY COMPANY OF CALIFORNIA have severally caused these prescuts to be signed by their respective Executive Vice President and attested by their respective Secretary this 841 day of November,2000. av: �,. .A... `��1;'ttfNtA�' „rifrf" A,�rY Ofi David H.Rhodes,Executive Vice President •�` �*t •r•••.�N ", -t PO Iff SEAL OCT.S Azl� Ito%1938 'O 1987 By: 1V( x Z WaltcrA.Crowell, Secretary ?' O'!I� .•``'a,, OCIIeOtA��� STATE OF CALIFORNIA } )SS. COUNTY OF ORANGE } On November 8,2000,before me,inane 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 capacitica<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 sea). OMEJ.KAWATA COMM.Mi tag" ffi Signature L A N4TApN`t O�C&1r0Y t#Jt+ myth fx6.Jan 426 CERTIFICATE The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,arc in force as of the date of this Certificate. This Certificate is executed in the City of Irvine.California,the 7th dap of WOVember' 2003 By David G.Lane,Chief Operating Officer VOID AFTER 1213412003` 10/1,0103 FINANCIAL $21 7609 Tax Collector's office d1lam J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 _ P.O. Box 631Russell V.Watts Martinez,California 94553- Chief Deputy Treasurer-Tax Collector 0063 ii..,, (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX `-J Tax Operations Supervisor Cate: 10/14/2003 IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2003, THIS LETTER IS VMD This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# City T.R.A. 7609 MARTINEZ 76004 Parcel#: 367-140-001-2 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2003-2004 tax lien has been paid in full. Cour estimate of the supplemental tax lien is , $0.00 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 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, Treas ax oll or By: