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HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-189 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 20, 2004, by the following vote: AYES: SUPERVIOSRS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: DONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.2004/ 189 00001 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 98- 0001,being developed by David P. Fisher&Denise B, Fisher, Walnut Creek area. (District III) The following documents were presented for Board approval this date: 1. Map The parcel map of Subdivision MS 98-0001,property located in the Walnut Creek area,Supervisorial District Ill,said map having been certified by the proper officials. H. Subdivision Agreement A subdivision agreement with David P. Fisher & Denise B. Fisher, 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 date shown. Contact: Frank]Navarro(313-2264) I.S:rm (3:\GtpData\EngSvo�BO\2004\04-20-04\MS 1-98 BO-21.doc cc: Public Warks-T.Ben,Construction ATTESTED:_ APRIL 20, 2004 Current Planning,Connnunity Development T-February 20,2005 JOHN SWEETEN,Clerk of the Board of Supervisors and Daviel P.Fisher&Denise B.Fisher County Administrator Stone Valley Oaks Drive Alamo,CA 94507 Indemnity Company of California 11780 Fitch Street Irvine,CA 92614 Attn:Sandy Black By_ ,Deputy RESOLUTION NO.2004/ 189 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 98- 0001, being developed by David P. Fisher&Denise B.Fisher,Walnut Creek area. (District III) DATE: April 20, 2004 PAGE: 2 A. Cash .Bond Performance amount: $1,000.40 Auditor's Deposit Permit No. 421345 Date: March 18, 2004 Submitted by: Daviel P. Fisher&Denise B. Fisher Tax ID Number: 484-80-1792 278-54-3032 B. Surety Bond Bond Company: Indemnity Company of California Bond Number: 5665625 Date: March 25, 2004 Performance Amount: $23,400.00 Labor&Materials Amount: $12,200.00 Principal: David P. Fisher&Denise B. Fisher IIT. 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 2004-2004 tax lien,which became a lien on the first day of January 2004, is estimated to be $12,000.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Auditor's Deposit Permit: 420831 Date: March 10, 2004 Amount: $12,000.00 Principal: David P. Fisher&Denise B. Fisher 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. 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SUBDWISION AGREEMENT (Government Code§66462 and§66463) Subdivision: +' 0 0c) J Principal: V G r, )c7l5h eir a n tt bietitSe- 8, �r-`IsIler Effective Date: __. y Completion Period: I year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA CtUI*I"TY PR'INCTPAL � Maurice M.Shiu,Public Works Director By: (S%W=) (Priet name 6c title) RECOMMENDED U APPROVAL By: (sipnan E gineering Servic Division (n4ia¢name&tint) FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged. If Principal is incorporated,signatures must conform with the designated representative groups pursuant to Corporations Code §313.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Coin W and the above-mentioned Principal,mutually premise and agree ns follows concerning this subdivision: 2. IMPROVE,)ENTS. 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 made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEI_,.v ENT SECUR_UY. Upon executing this agreement, Principal shall,pursuant to Government Code §66449 and the County Ordinance Code,provide as security to the County: A. For Performance and Cruarantee: $ 1':)0)0 3 t 0 0 cash,plus additional security,in the amount: 00. Ot' 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 unsatisfactory performance. B. For P avment: Security in the amount:$ 1 0�r>0 C>, 0 o 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 _k. 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. GUA RANT EE AND WAEIMANTY OF WORD. Principal guarantees that said work shall be free from defects in material or workmanship and shall perforin 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. PLANT ESTABLISHMENT WOEK. 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. 'l. 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 harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The inde nities benefited and protected by this promise are County and County's special district,elective and appointive boards, commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below and including personal injury,death,property damage,inverse condemnation,or any combination of these and regardless of whether or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as complete and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions gaausing 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 can 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 filet/map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. Il. 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 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 map or parcel map for said subdivision. Rr.:SD:lsd G:NOrpDas%EogSvc\For=\AG wORMAAG•30.doc Rev. October 25,20tH CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of y OPTIONAL SECTION County of w CAPACITY CLAIMED BY SIGNER ! On be a me, J7�^ Though statute sloes not require the Notary to HEt in l _4�A ;TITLE GF o ICER E.G.,"JANE DOE.,NGT Y'PUELIC^ the data below,doing so may prove invaluable to personally appeared .+ persons relying on the document. NAWZ(S)OFS1WZ1Z(5) 0 INDIVIDUAL 0 personally known to me OR roved to me on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S) be the person{s�whose name*islaw :TITLE(S) subscribed to e within %l r ssion+T 13151 acknowledged dto me that he/s oAkwpexecuted CGrnmlastDtt 1315673 Z the same in his/h eiftuthorized 0 PARI NER{S) Q LIMITED 0 GENERAL N ate ry Public_Califitlmia capacity{isaj;and that by his/ttere/their ❑ ATTORNEY-IN-FACT rr%M a Costa county signature(s}on the instrument the person(t)or 0 TRUSTEE(S) My r r, `."r irttt Jul 2B,2IIBh acted,exxethe entity upon d the instrumenalf of h the person(0) 0 GUARDIAN/CONSERVATOR v. °r;''• *�,:r' zUv rv�"� 0 OTHER: I SS my officio al, SIGNER IS REPRESENTING: (NAM OF PERSONS)OR ENTITY(M)l SIGNA7M OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE I'tUCUMENT AT RIGHT. Number of Pages Though the data below is not required by taw,it may prove valuable Date of Document f to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY 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, I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature, The name must be signed exactly as it is typed or printed. 11. 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. SIGNATURES FQR PAR RSHIPS - Signing parry must be either a general partner or be authorized in writing to have e au Grity to sign for and bindthe partnership. IV. SIGNATURES FOR COB QRATIONS Documents should be signed officers, one from each of the following two groups: GROUP 1. (a)The Chair of the Board ((b))The President c Any Vice-President GROUP 2. a The Secretary Nb An Assistant Secretary c The Chief Financial Officer 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 1 4L4HAYMATA\GrpD&td\EniSvc\Forme\WORD FOPN SVJiL PURPOSE NOTARY.dcc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION County of Gt9/�l SRI►_-- :a�'Tite► CAPACITY CLAIMED BY SIGNER On Ilr. 64 before me, A41494,U07-AMqpg, tPt.Mi`L.tt Though statute dues not require the Notary to fill In DATE NAME,TITLE OF OFFICER E.G.,"JANE DOE,N PUBLIC' the data below,doing so may prove invaluable to personally appeared 1�L d'J{- _a 4 1=1 S tait- persons relying on the document. NAMES)OF SIGNER(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 person(kwhose nainy�s)is/,ase TITLE(S) subscribed to the within instrument and acknowledged to me thatjV&/she/*y executed 0 PARTNER(S) 0 LIMITED MICHAEL IL P400 the same in,Ws/her/Meir authorized ❑ GENERAL capacity(j/#e),and that byAiw1ier/tkeir ❑ ATTORNEY-IN-FACT ���t2�6` 9706 signature{r�on the instrument the person*or f pUbk .CCMWft the entity upon behalf of which the person(,e 0 TRUSTEE(S) acted,executed the instrument. 0 GUARDIAN/CONSERVATOR ❑ OTHER: 9WC*MMEVDMA 02224 'WITNESS hand and £ficial seyri SIGNER IS REMSENTING: (NAM OF PERSON(S)OR DMTY(IES)) SIGNATURE 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 Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY 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. I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as 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. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign for an7 bin the partnerstup. IV. SIGNATURES FOR CORPORATIONS Documents should be signed y two officers,one from each of the following two groups: GROUP 1. (a)The Chair of the Board b}}The President c Any Vice-President GROUP 2. al The Secretary b An Assistant Secretary 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 \\PWS4\.SHARDATA\GrpDua\Bn&Svc\Pomm\WORD FORM\ALL PURPOSE NOTARY.doc "� �i�n'w 2Dt)ti . � • s s mm ON m MINOR In m m �� � a! AIL M / , »; w 6 OhLy tvosff ♦ f PERMa r ♦ I D. IFANt DATE t _ !!i E a r s s .-.. COUNTY CIF CONTRA t bIA. ' causer PER11AtT OFFICE OF COUNTY AcDrll;MR CONTROLLER rO THE TREASURER: MARTINEZ,CALIFORNIA IECEIVED FRW C�tGAhNZATIC►tN NUMBER {far Cash Collection Procedures sae Conarty Administrator's Bulletin 105.) DESCRIPTION fUND AC TASK OPTION ACTIVITY AMOUNT DAL Alls C. 9 t�j .� ¢-i z I Ll K=i lglwd 1w&51 -9W kril 6J 0,017.5 5,5 &:6 IZ51 1q. LP 5 . 1 �r i �En C? 9 13 ou, I 15B460.B 16 ziI EXPLANATION. 2 q 07 9 c! , #'•� 11�� k P> P9 z q 7 2 TOTAL $ � f t q DEPOSIT t jP .2qJ21I z q 4 -1 P,13 ,r yds ;P r7Ca S � corssrzts of the fallowing lowing items 270/ , 5 lid 17..591 �' 1� /13�� 8 r ,IDS -.0 2 3 L 7 �1.? O { cCUN and CURRENCY _ 35 t�� ` (3 �i 9 CHECKS,KOETC $ BANK DEPOSITS $ ✓ FOR AUIXTOR-CONTROLLER USE ONLYPERMIT DP-94 ,r DEPOSIT ,50 NUMBER DATE �.. fl ASSiGNEO Taws curxount of moray described above is for osit into the Crwnty Treasury. Treasurer's Treasu 's receipt of above amount is fid. Receipt of above amount is hereby [Two. EXT. 3-t'3 `f Jr � < Sigr�ct Ik�tsr+t7 Treasurer D-34 REV.(7-53) 4 • s'" s � • i' • `3' � • r MIF (T i f _ w,4 mw MI #- � NINE NOMMIRM rlm� lm r NIMIWMIM?��� , ►, �► . '.' xr ' mism � . 11MINIMM. �n I FYI r- ll • BANK • `! •' F 4t• • 'Ili �..' ,�",' Ml IMM I r � F _ WM�u1 N I� IIS II��IIII I� ... t.t>UNt Y t.'` 1tcr+4..wsuy DIPiOST PERM O `�/�` OR ICE CFTHE TREASURM. �C.��fgUNrY AUWOR-C�(C NTRO 1ER RRC ED FROM ORCANiZATION NUMBER . t, bides (f Or Cath C*kctmwPxeaosoturas sat Courcy AdrrimstnoWs Buiietin 101) DESCRFWN I:UN/ORG ACCT. TASK AC"ttVttY AMOUNT 44 44� P73 i� 2 t r 4D 9-912111s, Big l2 �- ,;: t t r . t t r t t r t t r .. r i r r t E"LANA►TIOR, TOTAL $ DEPOSIT t Dem corns of the'following items CC)(N and CURRENCY $ CHECKS,mss..ETC. BANK DEPOSITS K)R AUt TtR-CONTRUABw DEFIOW POW NUMBER ---- AAAs� + 3 The csrxscrW Of moray deseribod above is fcrr Trr�urer`s toompt of above OmOLnt is approved Rsaeipt of abave amrwrslr is herei�y deposit into the County T+east;ry. , N Rmwei rl f ab SiBrrod: S�r„d. This: c xt _3"� 4 Deputy C*ur*y A�udhw N"!K" 0649-9665 1 831000: 61122981, $1,4010}.tK}, DP 403-04, Cash Deposit for Drainage Deposit, CN 2 M Hill Constructions, Inc. PO Box 241320, Denver, CO 80224 0649-9665 / 831000: 61122983, $114572.001, DP-023052, Development Permit, Canyon Creek Presbyterian Church, 3470 Fostoria Way Suite Q, San Ramon,CA 94583-1370 0649-9665 / 831000: 61122985, $29.564.010, RA1153, Road 'Acceptance Review, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 0649-9665 / 831000: 61122986, $9,454.00, DA 0031, Drainage Review, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 0649-9665 / 832000: 61122988, $41,320.00, Sub 8774, Major Sub Improvement Plan 'Review Deposit, Windemere BLC LLC, 3130 Crow Carryon PL #310, San Ramon, CA 94518 0649-9665 / 831000: 61122989, $59.100.00, Sub 8777, Major Sub Improvement Plan Review Deposit, Windemere RLC LLC, 3130 Crow Canyon PL #310, San Ramon, CA 94518 0649-9665 / 831+000: 61122993, 51) 8458-00, Bundle LLC, 114 Camino Pablo, Orinda, CA 94563 Map check overrun, $218.53 CDD cost overrun, $3,776.26 CoA Comp Check $1.0100.010 Insp Cost overrun $2,624.96 Inspection Deposit $1 s0010.C}C} 0649-9665 / 831000: 61122994, $2.137.00, MS 00-0005, Inspection Fee Deposit, Oliver & Christina Nalley, 1285 Clover Lane, Walnut Creek, CA 64595 0649-9665 / 831000: 61122995, $1,000.00, MS10-03,COA Completion Check, Jeff Murdoch & Heather M. Torres, 305 Miranda Ln,, Alamo, CA 94507 0649-9665 / 831000: 01122995, $500.00, OP 3005-03, Inspection Fee Deposit, Vincent L. Martino, 21 Snowdrift Ct., El Sobrante, CA 94803 819800-0800: G1122984, $1,000.00, MS 1-98, Performance Cash Bond, David & Denise Fisher, 4050 Stone Valley Oaks Dr., Alamo, CA 94507 819800-0800: G1122992, $100,000.00, SD 0008458, Cash Bond, Rae Cole, Thomas 0. Cole, E. Tracy Cole, 12540 Roble Ladera Rd. Los Altos Hills, CA 94022 0648-9140 / 812100, $14,712.50, SE) 8458-00, Drainage j Deficiency Mitigation, Bundle LLC, 114 Camino Pablo, Orinda, CA 94563 0648-9140 t 812100, $10-880.00, MS10-03, Drainage Deficiency Mitigation, Jeff Murdoch & Heather M. Torres, 305 Miranda Ln., Alamo, CA 94507 _... _........ ......... ......... ......... ... ......... ........ ........._... ....._....._.._.......... ....... ........._. ........_..... .._........................ ...._.................. Vfi�ti0`i 3110104 PLACER$42 098-0001 Tax Collector's Office William J.Poliacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P. 0.Box 631 Russell V.Watts Martinez,California 84553- Costa Chief deputy Treasurer-Tax Collector 0063 (925)646-4122 Co u my Joslyn Mitchell (925)646-4135 FAX Tax operations Supervisor •�y 'r Date: 3/10/2004 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 f MS# City T.R.A. 098-0001 WALNUT CREEK 98002 Parcel#: 182-150-014-5 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. Our estimate of the 2004-2005 tax lien, which became a lien on the first day of January, 2004 is $42,000.00 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 45 days from the date of this letter, unless this letter is accompanied with security approved by the Contra Costa County Tax Collector Subdivision bond must be presented to the Countv Tax Coliec#or for review and approval of adeauaev of security prior to filingwith the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treas rer-Tax C I ctor By: County of Contra Costa Deposit Permit Office of County Auditor-Controller Martinez, California To the Treasurer Received From TREASURER TAX CQL.L.ECTOR Organization',Numt 0015 (Orgar=tion) 625 COURT ST. RM 100 Martinez, Ca. 914558 for Gash Collection Procedures See County Administrator's Bulletin 105.) Description FundlUr Sub Acct Task Option Activit Amount SUBDIVISION TAX GUARANTEE 810900 0800 $12,000.00 11 '111 Iut 1ED B cc�ITA �'STA►'I"# t CCt ? tRFTEI Total Deposit $12,000.00 SUBDIVISION TAX GUARANTEE TRACT /IVIS 984001 Deposit Consists of the following items USE TO PAY TAXES COIN and CURRENCY $ DAVID AND DENISE FISHER CHECKS,M.O.,Etc: ' 12S? 4050 STONE VALLEY OAKS DR BANK DEPOSITS $ ALAMO CA. 94507 FOR AUDITOR-CONTROLLER USE ONLY 925-865-4570 DEPOSIT PERMIT NUMBER AND DATE ASSIGNEE DP# 420831 DATE 03/10/04 The amount money described above i Subdivision: '"` ' Bond No.: 5666625 Premium $7M.00 IMPROVEMENT SEctRITy BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee and Payment) (California Government Code§§ 66499 - 66499.10) 1. R&M—AL QX SUnntvrsLON AMEMUxT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision Y{ t e . as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a .final map or parcel map for said subdivision. 2. (I-AL19 : 01 vtd hcry- d rwc 1)c,lrsc. 13. f is hey- as principal and a corporation organized and existing under the lavas of the State of C� t r` ��,`, and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,successors and assigns to the County of Contra Costa,California to pay as follows: A. Performance and Guarantee: *Twenty-Three Thousand, Four Hundred* Dollars{ __ for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: *Twelve Thousand, Two HUndred* Dollars ($ e 1 to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3. -Co b T1QN: A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal, or principal's heirs, executors, administrators,successors or assigns, shall in all things stand to and abide by and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided, on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall 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 tamed 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 Title 15(commencing with Section 3082)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 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 bond;and consent is hereby given to make such alteration without further 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. SIGNED AND SEALED on March 25, 2004 PRINCIPAL: V f b".,6-6� , I3R , Indemnity company of California Address: 4050 St&Ae- 1/a (I e y 00-L Dy' Address: 11780 Fitch Street City: A 16 my Zip: 17 y © City: 10ne 2i 92614 By: By: Print Name: L7Gtn/r td �Sh'W "0' Print N e�_ n_dy 1 ck �_ Title: t ash Title: Attorney-in-Fact SUBSCRISEU MLH Qv#URN TO BEFORE MB THIS / ¢E)J1Y OF - 2f1a y' )D:mw:lap BY X17 . G:\GrpData\EngSve\Fornss\BN WORMBN-12.doc ? Rev.November 28,2000 C � y' —" � U NATA HA DOKTOR N. v�1 i TAFPy� NOTARY PUBLIC-CALIFORNIA r� CONTRA COSTA COUNTYn COMM.EXP.JllLY 4.2005 - _................................_-...............................................-...................................................................................-.... ...--..................._-...-...............-..-...................-..--.....-........... ............................................................................................................................................................................................................................................................................................................................ POWER OF ATTORINE'.('+0 DEVELOPERS SURETYAND INDEMNITY CtJiY&PA ;' INDEiVINI;TYCOMPANY OF CALIFORNIA PO BOX 1972.5,IRVINE,CA 92623 a(949)263-3300 KNOGV ALL MEN BY THESE PRESENTS,that except as cxpressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA.do each severally.but not jointly,hereby mage,constitute and appoint: ***SHARON J. RUSCONI, SANDY BLACK, JOINTLY OR SEVERALLY*** as the true and lawful Attorney(s)-in-Fact.to maICe,"acute,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 pourer 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 resorving to each of said corporations full power of substitution and revocation,and all of the acts of said Attontcyls)•in-Fact,pursuant to these presents,arc hereby ratified and confirmed. This Pot%Tr 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: RZSOLVED,that the Chairman of the Board,:he President and any`ice President of the corporation be,and that each of them hereby is,authorized to cxccutc Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to cx=utc,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that IIi 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 siignattires of such officers may be affixed to any such Power of Attorney or to any certificate rc€ating thereto by facsimile,arid•any such Power ofAttorney 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 winch it is anachcd. IN WITNESS WIiEREOF, DEVELOPERS SURETY ANIS INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused thcse presents to be signed by their respective Executive Vice President and aucsted by their respective Secretary this 80'day of November,2000. Eiv: y�ptttt,uatura++r - David R Rhodes,Executive Vice PresidentCP ����g°�iQ�'ls f � SEAL ), Ocrs r� 0 1967 By 1101 1838 # Walter A.Crowell, Secretary %7ti, I ¢ LtFC3A�4 �r*ftt4trtt/![Nm��4h STATE OF CALIFORNIA )SS. COUNTY OF ORANGE } On November 8.2000,before me,Diane 1.Kawaat,personally appearcd David H.Rhodes and Walter A.Crowell,personally known to me for proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledgcd 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 instrummit. WITNESS my hand and official seal. ItL4M1tE J.XA1MA7h ON aMGm Signature 1d0h�tt�.E �2 " 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 Ccrtiticam. This Certificate is executed in the city of Irvine.California,the 25th day of March 2004 By—(a David Cr.Lane,Chief Operating Ofccr STATE OF CALIFORNIA Ss. COUN7T OF SACRAMENTO On r t) "t 15i d D4V before one, ERIN RUSSELL,NOTARY PUBLIC PERSONALLYAPPEARED SANDY BLACK personally known to the(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 helshelthey executed the same ini hiAerhheir authorized copacity(ies),and that by hiAerltheir signatures)on the instrument theperson(s), or the entity upon behalf ERIN RUSSELL of which the person(s)acted,executed the instrument. 0 COMM.# 1440038 � es 5A:`RAMic?lTrJ CJfJhlTYi WITNESS my hand and official seal. coj,,AN" ExP.SEPT. 18,2007-� Signature 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 Q INDIVIDUAL C1 CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT Ti >e(s) 0 PARTNER(S) C LIMITED D GENERAL ATTORNEY-IBI-FACT NUMBER OF PAGES 0 TRUSTEE(S) C GUARDIANICONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON($)OR ENTtrY(IM INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS SURETY AND INDEMNITY COMPANY SIGNERS OTHER THAN NAMED ABOVE )D-1232(REV.5101) ALL-PURPOSE ACKNOWLEDGEMENT