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HomeMy WebLinkAboutRESOLUTIONS - 01012004 - 2004-80 ell THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 24, 2004, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 80 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Minor Subdivision 22- 02,being developed by 1221 Monticello L.P., Alamo area. (District III) The following documents were presented for Board approval this date:' I. Map The parcel map of Minor Subdivision 22-02, property located in the Alamo area, Supervisorial District III, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with 1221 Monticello L.P., 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 Navwm(313-2264) LS:rm G:1Grpllala\EngSvca33o12004102-24-04\MS 22-02 BO-21.doc cc: Public works T.Bev,Construction ATTESTED: FEBRUARY 4, 2QQ4 Current Planning,Community Deopment T-December 24,2004 JOHN SWEETEN,Clerk of the Board of Supervisors and 1221 Monticello L.P. County Administrator Atte:Vesty Enea ty 1485 Enea Court,Suite 1490 _ Concord,CA 94520 Financial Pacific Insurance ConTany P.O.Box 292220 Sacramento,CA 95829 By , Deputy Attn:Lisa M.Lucas RESOLUTION NO.2004/ 80 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Minor Subdivision 22-02,being developed by 1221 Monticello L.P.,Alamo area. (District Ill) DATE: February 24, 2004 PAGE: 2 A. Cash Bond - Performance amount: $2,332.00 Auditor's Deposit Permit No. 417946 Date: JarA S, 2004 Submitted by: 1221 Monticello L.P. Tax ID Number: 94-3280112 B. Surety Bond Bond Company: Financial Pacific Insurance Company' Bond Number: 5703127 Date: January 9, 2004 Performance Amount: $233,200.00 Labor&.Materials Amount: $116,600.00 Principal: 1221 Monticello L.P. 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 2004-2005 tax lien,which became a lien on the first day of January 2004, is estimated to be $17,400.00, with security guaranteeing payment of said tax lien as follows: w • Tax Surety Bond Company: Financial Pacific Insurance Company Bond Number: 5703620 Date: January 14, 2004 Amount: $17,400.00 Principal: 1221 Monticello L.P. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said parcel map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. - All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2004180 .(j SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivision: 0 z - 0 P I.Z• Principal: 1 Z Z l Effective Date: �`° Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY PRINCIPAL, Maurice M.Shiu,Public Works Director 1 /1 a'J t r c i+-0 A CAL-1 Fo�x�Etl � By: {Signamra) Ra RECOMMENDS FOR APPROVAL m&est:o> YAi L. N� NW c A, Pr261.1 r elv r hj7kyrA#JCON-sraOe-v7/� A By: r (Signature) ElgineeAgtervices Division (Print name&tide) FORM APPROVED: Victor I.Westman,County Counsel (VOTE: 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"Coun 'and the above-mentioned Primo,mutually promise and agree as follows concerning this subdivision. 2. IMPROVEMENTS. 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§§65410 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. 1 IMPROVEMENT SSCUR.LTY. Upon executing this agreement, Principal shall,pursuant to Government Code §66499 and the County Ordinance Code;provide as security to the County: A. For Performance and Guarantee: $ � �� ) cash,plus additional security,in the amount:$ 2�7 i 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 Payment: Security in the amount:$ 1-1-6I °�O ° which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: ash,certified check,or cashier's check F - 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. GUARANTEE AND WARRANTY 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. PLANT 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 w*4;gWdequate 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 Mfill 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-tless 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 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 ofwhether or not such liability,claim or damage was unforeseeable at any time before Countyreviewed 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. 11, NON-PERFORMANCE AND COSTS: If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or faits 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 attomey'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 ofa third party beneficiary against Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 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. RL:rDlad G:\ftDankTngSvc\Fonw\AG WORMAG-30.doc Rev. October 25,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION County of Y 3 CAPACITY CLAIMED BY SIGNER On +j >before me,�1Ct �1 SC tr i k7 V s✓ Though statute does not require the Notary to fill in DATE NA.'JIE,TITLE OF OFFICER E .,"JANE DOE,NOTARY PU'BLJC" the data below,doing so may prove invaluable to personally appeared C, ,�, persons relying on the document. NANO(S)OF SIGNERS) 0 INDIVIDUAL- 11V t -0 - roved to me on the basis of satisfactory evidence to L CORPORATE OFFICER(S) be the person(s)whose name(s)Ware JUDY subscribed to the within instrument and "!'�!``.• TITLE(s) Comtrttssion#1345000 z acknowledged to me that he/she/they executed [7 PARTNER(S) Q LIMITED Notary Public-C llhitnia the same in his/her/their authorized 0 GENERAL Contra Costa Cou* capacity(ics),and that by his/her/their ❑ ATTORNEY-IN-FACT MY Comm.moires Mar 1 �� signature(s)on the instrument the person(s)or 0 TRUSTEE(S) the entity upon behalf tr which the person(s) 0 GUARDINONSERVATOR acted,executed the instrument. 0 OTHER: M rrl andficial seal, c SIGNER IS REPRESENTING: I NAME OF PERSON(S)OR ENTITY(IES)) ONA 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. Tfie 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 - Si ming party must be either a general partner or be authorized in writing to have the authority to sign for and bind a partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signe y two'officers,one from each of the following two groups: GROUP I. {{a)}The Chair of the Board (b)The President e Any Vice-President GROUP 2. a 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." 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((yi"`,!/ -c, �:...• t f E terI L I I I I I t I I I I I I I I I I I tr'j� 1 l VD Pr ( t t 3 t 4 t ,LANATION: TOTAL $ t DEPOSIT t Deposit consists of the following`stems COIN and CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSIT'S $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE - ASSIGNEL? ~ amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged Date fined: Signed: EXT. i Deputy County Auditor Deputy County Treasurer REV.(7-93) f/i/ COUNTY OF CONTRA COSTA _�- DEPOSIT PERMIT G. �E OF COUNTY AUDITOR-CONTROLLER MARTINEZ.CALIFORNIA tH ,TRIKSURER: EIVED FROM ORGANIZATION NUMBER (©re�cmimfion) (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND(ORG. SUB. TASK OPTION ACTIVITY AMOUNT t I i ( v y t V 3' v { t w t r �.{ L• r + `4 i �., i• ! 1..' ;; r 1 �: .• + -4 f4iAc; ON TOTALXPLANATI + DEPOSIT ' 1 ! s ; Deposit consists of the following items r:- '{ t! ll.1 '; t..1; ., t ,'(>�`( 'ti COIN and CURRENCY $ t 7 CHECKS,M. ETC $ ' BANK DEPOSITS $ 1 FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP f NUMBER , :�/� i DATE ASSIGNEE? The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby po y deposit into the Gaunt Treasury.y ., �, acknowledged. r }t Sign4l Date °. iS�.. A Signed: Signed: 2 r._._.__ T tle. Deputy County Auditor Deputy County Treasurer EXT. -34 REV.(7-93) t,,,1,l6Jty t T yr 1 K%-S-jafA DEPOSIT PERMIT 4�--L.CE OF COUNTY AUDITOR-CONTROLLER 0URER: MARTINEZ.CALIFORNIA +eD FROM ORGANIZATION NUMBER it»Y+ra�l (Far Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG UCBT TASK TION ACTIVITY AMOUNT AC f ,t}. 5, - ;�.• 4 �W�J.%• �..�' }� Ili a 'i �_ ✓ _ t.. r ,t J r lsf' i ' / '.,x:.�t yy t f' } '.,(. i JA_', ( r _ :XPLANATION {; .? f•. T3 A- DEPOSIT } Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.0 ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT f1 �[ PERMIT r�VP NUMBER f DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged Signed Date67 Signed: Signed. Title:: EXT Deputy County Auditor Deputy County Treasurer -34 REV.(7-43) $13.494.00, MS 22-02, Inspection Fee Deposit $1,000.00, M5 22-02, Improvement Pion Check Deposit 0648-9140 / 812100. G1122903, $147.00, LP 2142-01, Drainage Mitigation Fee, Quentin & Nancy Alexander, 50 St. Mark Ct., Danville, CA 94526 819800-0800: 61122904, $2,332.00, M522-02, Perforrnew* ;,Cash Bond, 1221 Monticello Limited Partnership, 1485 Enea Ct. Suite 1490, Concord, CA 94520 4r* 0649-9665 / 831000: C71122130, $59.938.00, Subdivision 8699 Improvement Plan Review, Shapell Industries of N. California 100 N. Milpitas Blvd, PO Box 361169, Milpitas, Ca 95035 0649-9665 / 831000: G1122132, Andy Akay, PO Box 824, Orinda, Cu 94563 $3.064.64,, Sub 8664 Improvement Pian Review - $500.00, Sub 8664 CDD Review Fee --�tCvt�- � �nc 0649-9665 / 831000: 61122134, $500.00, R52857, Record cif Survey/ `f Deposit, North American Title Insurance Co., 2185 N. California Blvd #575, Walnut Creek, CA 94596 0649-9665 / 831000: G1122135, $500.00, R52858, Record of Survey Deposit, Anthony Viera, PO Box 776, Oakley, CA 94561 0649-9665 / 831000: G1122136, $1.550.00, MS 03-0004, Minor Sub'd Check Fee, Beverly Glieden, 5005 Totem Ct., Antioch, CA 94509 0649-9665 / 831000: G1122137, $50000, R52862, Record of Survey Deposit, Sidney Meek, 20 Claremont Ave, Orinda, CA 94563-2138 0649-9665 / 831000: G1122138, $1 .725.00, Sub 7713, Final Map Check Fee Major Sub, Affinity Land & Construction, Inc PO Box 3378, Walnut Creek, CA 94598 0649-9665 / 831000: G1122139, $1.775.00, Sub 8738, Final Map Check Fee Major Sub, David 5 Mareen, 18 hillside Ct. Berkeley, CA 94704-2531 0649-9665 / 831000: 61122148, $17,607.50, Sub 8739, Inspection Fee Deposit, Camino Diablo Associates, 2800 Camino Diablo, Walnut Creek, CA 94596 0649-9665 / 831000: G1122901, $8,487.89, MS '07-96, Improvement Plan Check, Colette beinise Daniels TTEE, 712 Bancroft Rd #514, Walnut Creek, CA 94598 0649-9665 / 831000: G1122905, 1221 Monticello Limited Partnership,'1485 Enea Ct. Suite 1490, Concord, CA 94520 12!16x'2083 11: 18 9257982999 PAGE 05 Subdivision: MS 02-0022 Bund No.: S703127 L"R OVEMXNT SECURITY BOND {Performance, Guarantee and Payment) `��.• (California Goverment Code §§ 66499 - 66499.14) I. RKMAL aF SUBDIVISION AOMMENT. The developer(principal)has executed a subdivision agreement with the Count, .1 of,Contra Costa to install and pay for street, drainage and other improvements in ,Subdivision MS 02-0022 as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement, all in accordance with State and locallaws and rulings thereunder in order to satisfy conditions for filing of a final trap or parcel map.for said subdivision. 2. QB&IGATIQN• 1221 Monticello, L.P. aspxix� aland Financial Pacific Insurance .Comp a'coacporation organized and existing under the laws of the State of California and aufiborized to transact surety busiziess in California, as surety, hereby jointly and severally bind ourselves, our heirs, executers, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee: Two hundredthirty three thousand two hundred Dollars($_ 233,200:00 � l for Contra Costa.County or any city assignee under the above County Subdivision Agreement. Payment., One hundred sixteen thousand six hundred and no/'100------- Dollars ($ 116,600.00 )to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division M of the Civil Code of the state of Califonlia. 3. cootmi rtIN: 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 al gide by and well and truly keep and perform the covenants,conditions and provisions in the said agmement and any alteration thereof made as therein provided, on it or its part, to' be kept and nerfc,med at the time and in the manner tbefein specified and in all respects according to their true atcnt and meaning and shall indemnify and save harmless the County of Contra Costa (or city a sig?iee)its offices, agents and employees, as therein stipulated,thea this obligation shall become aull aid void;otherwise it shall be and remain in full farce and effect. As part of the obligation secured hereby and in addition to the frace"amount-specified thereforej there shall be included reasonable costs, expenses and fees, including reasonable attorney's fees,incurred V the County of Contra Costa(or city assignee)in successfWly enforcing such obligation, all to be taxed as costs and included in any judgement rezidered. ......... _. ......... 12/16/2033 11:28 9257982999 PAGE 06 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 perforniance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of any kind, or for amounts due udder 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 arnount herein above set forth and also, incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable casts,expenses sand fees, inclu reasonable attorney's fees, incurred by the County of Contra Costa(or city assignee)in success" 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 ra nrlered. it is hereby expressly stipulated and agreed that this band shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15'(commencing with Section 3 082)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 pi ,tnthis obligation shall become null and.void; otherwise it shall be and remain in full force andeffect, C. No alteration of said subdivisioa agreement air 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 snake such altem don vnthout 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. N1G,Nz Ai y1.A=on January 4, 2004 1221 Monticello, L.P. UTX.Financial Pacific Insurance Company IMINv Address, 1485 Enea court, # 1490 ,Address: P.O. Bax 292220 City; C c d C Zip: 94520 City: sacrament A ip: By. _ By: �I3 am print Name:, Lisa M. Lucas Title: Q L Title: Attorney-in-Pact - �'6.':.'8`�Y�9::���.��u:Z'3'c3tvtt&�Pt Wi�C3ZN�t�-S2.dmt ?Lem.3+t4vast�&,2+3Cae , CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Na,sso� State of CALIFORNIA County of ALAMEI7A On January 9, 2004 before me, VERONICA RAMIREZ DATE NAME,TITLE OF OFFICER•E.G.,"JANE OCE,NOTARY PUBLIC' r personally appeared LISA M. LUCAS NAME(S)OF SIGNER(S) M personalty known to me - OR - C proved to me on the basis of satisfactory evidence to be the person(s) whose'; name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executedthe instrument. WIT ESS my hand and official seal. .R: SIGNATURE gy NCgAAY 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 TrrLE(S) TITLE OR TYPE:OF DOCUMENT C� PARTNER(S) C] LIMITED CI GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES M TRUSTEE(S) GUARDIAN/CONSERVATOR EJ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remrnet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 LIMITED POWER OF ATTORNEY Financial Pacific Insurance Company BOND NUMBER S703127 POWER NUMBER 703127 PRINCIPAL 1221 Monticello, L.P. PENALSUM >$233,200.00 KNOW ALL MEN BY THESE PRESENTS,that Financial Pacific Insurance Company,a California corporation (the"Company"), does hereby make,constitute and appoint: Lisa M. Lucas,Veronica Ramirez,D. Richard Stinson,Andrew hammerer its true and lawful Attorneys-in-Fact,with limited power and authority for and on behalf of the Cosurety,to execute,deliver and affix the seal of the Company thereto if a seal is required on bonds,undertakings,recognizances or other• ttt*obligations in the nature thereof as follows: Bid, Performance,Payment, Subdivision and Miscellaneous Bhn sup to $1,000,000.00 and to bind the Company thereby. This Power of Attorne is,siggned and""sealed by facsiittile;tinder and by the authority of the following resolutions adopted by the Board of Directors of Financial"I?yacific Irra rance Company at the meeting duly held July 6, I995,which are now in full force and effect: RESOLVES?,Haat std nt or on Vice president,,i :c n taa tion with-the Secretary or any Assistant Secretary, may appoint attorneys-in-fact or ag�rlts"with a-ultidrity as deft ed or'lirrtited rn the s f#utilent evidencing the appointrnent,in each case, for and on behalf of the Company,to exeetsnd ciiud affix rhe seal i �Ctsany to hanitbdcrtakings,recognizance$;and suretyship obligations of all kinds; and said officers mayitymov a sot.W attorney=iia fit far edt:and r vpke$ny power of attorney pre wanted such person. RESOLVj9ifbRTHER1 that any-bond utidertakirig;"recopiizanee"or suretyship obligation shall be valid-and binding upon the Company when sigt#ed and sealed (if a seaf,be regvire d113y`of e or.more kidill pursuant,,,to and within the:limits of the authority evidenced by the power of attorney issued 6y'the Company to such person or persons. RESOLVED FURTHER,that the signature of any authdrizt d officer"and the seal of the Cotnpatiy"tYlaJt be aff'ked by facsimile to any power of attorney or certification`thereof authorizing the execution"and delivery of any bond,;:.uridertakittg; e¢r> xiiza a>,or other suretyship obligations of the Company any such signature and seal when so used shall have the same forc�,and"effect as tlaoti tt,iriaiivally affixed. IN V=1 � t ,uncial Pacific Insurance Company has caused these presents"t#"lie signed by its proper officers,and its corporate seal;l h ed itis 1�*f.November,2002. QP; '?R 014, �� DULY Robe f t986 ..� n gsle y,Presiden J R.Hollidgshead,Secretary STAB OFCAL1 _b NIA OL Y OF SACRAMENTOOn tilts-15th-day of jlovem6er, 02,perionally earne before me Robert T."Kingsley and John R Ho' ingshead,to me known to be the Int yidual�"and offidirisof 11€na ficial- 'acifkc.1hWrance Company;who executed the above insti�unei3:t,and4hey'�tavi acknowledged the execution of the same,and being by me duly sworn,did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. rt ANN SCHREMP h .1J Comm.#1298089 WTMY PuB.rc-r,�tJlrOFM Myer March 2712ws Ann Schremp,Notary Public CER'T'IFICATE I, the undersigned Secretary of Financial Pacific Insurance Company, a California corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore,that the resolutions of the Board o Directors set forth, and that the relevant provisions of the By-Laws of the Company,are now in full force and effect. Signed and sealed at Sacramento,this 9th day of January 20 04 -- ------ John ollingsbead,_Secretary Financial Pacific Insurance Company seal must be affixed FINANCLU PACIFIC Bond # S703I27 Rider Containing Disclosure Notice of Terrorism Coverage The Terrorism Risk Insurance Act of 2002 requires FinancialPacific Insurance Company (EPIC) to provide this disclosure notice. No action is required on your part. This [Disclosure Notice is incorporated in and made part of the attached bond. The actual coverage provided by this bond for acts of terrorism is limited by the terms, conditions, exclusions, limits other provisions of the bond any 'endorsements and generally applicable rules of law. Effective November 26, 2002 any losses caused by a certified act of terrorism would be partially reimbursed by the United States of America to FPIC under a formula established by the Terrorism Risk Act of 2002. Under this formula, The United States of America reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. There is a cap on FPIC's Liability to pay for such losses if the aggregate amount of insured losses under The Act exceeds $100,000,000,000 during the applicable period for all insured and insurer's combined. In that case, we will not be liable for payment of any amount, which exceeds that aggregate amount of $100,000,000,000. Your premium attributable to coverage for terrorist acts certified under The Act is Zero Dollars ($0.00). The cost of terrorism coverage is subject to change on any bond where premium is charged annually. Signed and Sealed this 9th day of January 20 04 Financial Pacific Insurance Company �5c�- V—,C4�� Lisa M. Lucas , Attorney-in-Fact [Corporate Seal] - _ . State of California } h SS. County of Lu•.�iYL°� ,y .q} pna nr 4.z Z c 4 i f before me, `` — i ►"� L-; ,Notary Public personally appeared r A--, -- personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the jisggnent the person(s) or the entity upon behalf of which the person(s)acted,executed the instrument. Witness my hand and official seal. SIGNATURE SCA CouWy COMM Vii V.OW,2 VO.JD,AFT> F OM4 1113104 PLACER W02-0022 Tax Collector's Office William J.Pollacek 625 Court Street �� � County Treasurer-Tax Collector Finance Building, Room 100 P. 0.Box 631 Russell V.Watts Martinez,California 94553- CostaChief Deputy Treasurer-Tax Collector 0063 (925)646-4122 ( Joslyn Mitchell 925)646-4135 FAX County Tax Operations Supervisor r' i.a•c---�i� Date: 1/13/2004 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER /S VOID, This will certify that E have examined the map of the proposed subdivision entitled': Tract/MS# CitY T.R.A. 02-0022 ALAMO 66066 Parcel#: 187-130-010-7 and have determines{ 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 $17,400.00 This tract is not subject to a 1915 Act Bond. if subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 45 days from the date of this letter, unless this letter is accompanied with,securityapproved by the Contra Costa County Tax Collector' Subdivision bong must be presented to the County Tax Collector for review and approval of adequacy of security prior to riling with the Clerk of the Board of Supervisors WILLIAM J. POLLACEK, Treasurer-Tax II tar By: - - CL US �j ► CE U \, ►::s a W W o H ; a CL . Lt CL 4A IIK SUBDIVISION TAX BOND Bond No. S703620 KNOW ALL BY THESE PRESENTS: That we, 1221 Monticello, LP as Principal,and Financial Pacific Insurance Company a Corporation organized and existing under the laws of the State of California as Surety,are held and firmly bound unto County of Contra Costa -Tax Collector Office in the sum of Seventeen Thousand Four Hundred and 00/100 -------------------------- ----------------_---- ---------------- -------------------------------------------- DOLLARS($ 17,400.00 ) lawful money of the United States of America,for the payment of which sum well and truly to be mad to said County of Contra Costa- Tax Collector Office ourselves,our heirs, executors,administrators,successors and assigns,jointly and severally,firmly by these presents. ,we are each of us bind SEALED with our seals and dated this 14th day of January , 2004 The conditions of the above obligation are such that whereas the above bounden principal is about to file a map entitled, MS02-0022 Vine Lane,Alamo which shall be a subdivision of tract of land in said Co. of Contra Costa and there are certain liens for taxes and special assessments collected as taxes and special assessments collected as taxes against the tract of land covered by said Map.The taxes and special assessments collected as taxes are not as yet due or payable. NOW, therefore, if the said principal shall pay all of the taxes and special assessments collected as taxes which are alien against >aid tract of land covered by said Map at the time of the filing of said Map, then this obligation shall be void and of no effect. This bond shall be in full force and effect for the 2004 -- 2005 tax year, and shall continue to be in full force and effect the 2004 — 2005 taxes are paid. PRINCIPAL: 1221 Montic ifornia limited hi By: A CONS CTION, INC. , Its General. Partne By DATE. 1 Paul. Enea, President BOND REVIEWED AND APPROVE", CONTRA COSTA COUNTY SURETY: TREAyuUR , COLLECTC BY: Financial Pacific Insurance Company- By B �, b�t Lisa M. Lucas Attorney-in-Fact i-2442lGEEF 2198 CALIFORNIA AIL-PURPOSE ACKNOWLEDGMENT No.SW7 State of CALIFORNIA County of ALA�IEDA On January 14, 2004 before me, VERONICA RAMIREZ DATE NAME,TITLE OF OFFiCEFI.E.G.,`JANE DCIS,NOTARY PUSL C- s personally appeared LISA M. LUCAS NAMES)OF SIGNENS) s personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whosename(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. . � WITNESS my hand and official sea{. SFCaNATUFiE OFOTAAY 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 El INDIVIDUAL CORPORATE OFFICER Tnu(s) TITLE OR TYPE OF DOCUMENT PARTNER(S) ❑ LIMITED C� GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) C GUARDIAN/CONSERVATOR C� OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)EIH ENNTiTY(tES) SIGNER(S) OTHER THAN NAMED ABOVE Q1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309.7184 State of California } Ss. County of Contra Costa ) On January 14, 2003 before me, J. Martin , Notary Public personally appeared Paul Enea personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) is/are subscribed'to the within instrument and acknowledged to me that he/she/they executed the s9hHh'his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s)or the entity upon behalf of which the person(s) acted, executed the instrument. Witness my hand and official seal. �- J. MARTlN COWA#14389 MARY PU C-cAl►eflRtau Q CONTRA COSTA Ct3i3NN COMK EXP.SEPT.12,2W7 SIGNATURE—' No Nom - - - - - - - - - - - - - -- - - - - - - - - -- -OPTIONAL- - - - - -- - - - - - - - - - - - - - - - - - - - - Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than:Named Above: LIMITED► POWER OF ATTORNEY Financial Pacific Insurance Company BOND NUMBER S703620 703620 POWER NUMBER PRINCIPAL 1221 Monticello, LP PENALSUM $17,400.00 KNOW ALL MEN BY THESE PRESENTS, that Financial Pacific Insurance Company, a California corporation(the "Company"), does hereby make,constitute and appoint: Lisa M.Lucas,Veronica Ramirez,D. Richard Stinson,Andrew Kammerer its true and lawful Attorneys-in-Fact,with limited power and authority for and on behalf of the Co ttsurety,to execute,deliver acid affix the seal of the Company thereto if a seal is required on bonds,undertakings,recognizances or otheftf 4 •obligations in the nature thereof as follows: Bid, Performance,Payment,Subdivision and Miscellaneous Bonds up to $1,000,000.00 and to bind the Company thereby. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the Board of Directors of Financial Pacific nsurance Company at the meeting duly held July 6, 1995,which are now in full force and effect: RESOLVED, that the President or an Vice President, in conjunction with the Secretary or any Assistant Secretary, may a point attorneys-in-fact or agents with authority as defined or limited in.the instrruumont evidencing the appointment in each case,for and on behalf of the Company,to execute and dellver and of€int the seal of the Company to bonds,uribdertakmgs,recognizances,and suretyship obligations of all kinds,and said officers may remove any such attorney-in-factor agent and revoke any power of attorney previously granted such person. RESOLVED FURTHER, that any Bond, undertaking, recognizance, or curetpship.obligation shall be valid and binding upon the Company when signed and sealed (if a seal be required)by one or more attorneys-in-fact pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER,that the signature of any authorizer)officerandthe seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking,,recognizatice;'or other suretyship obligations of the Company;any such signature and seal when so used shall have the same force and,effect as though hanually affixed. IN WITNI SSS WHER>✓DF Financial Pacific Insurance Company has caused these presents to be signed by its proper officers, and its corporate seal tis be hereunto affixed this 15th of November,2002. ttitxiittsi:r,t# T Jllf_Y y1966 Robert T.Kingsley,Presiden ng ,Secretary� . s /F '¢",• Y'#ltiftiltlllll����,`` .. STAT'ly OF CALIFORNIA,COUNTY OF SACRAMENTO o this l5th day of-November,2002,personally carne before me Robert T. lCingsley.and John R. Hitllingshead, to me known to be the ittfviduak and officers of Pinanciai Pacific Insurance Company;whoexecuted the above instrument,andthey have acknowledged the execution of the same,and being by me duly sworn,did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. *:1N40TARYPU8UC-GALW0FW NN SCHREMPomm.#1290089 COMM. 27.2M-j Ann Schremp,Notary Public CERTIFICATE I, the undersigned Secretary of Financial Pacific Insurance Company, a California corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore,that the resolutions of the Board of Directors set forth,and that the relevant provisions of the By-Laws of the Company, are now in full force and effect. Signed and sealed at Sacramento,this 14th day of January _20 04 John otlingihead,Secretary Financial Pacific Insurance Company seal must be affixed FINAIVCL4L PACIFIC Bond #S703620 Rider Containing Disclosure Notice of Terrorism Coverage The Terrorism Risk Insurance Act of 2002 requires Financial Pacific Insurance Company (FPLC) to provide this disclosure notice. No action is required on your part. This Disclosure Notice is incorporated in and made part of the attached bond. The actual coverage provided by this bond for acts of terrorism is limited by the terms, conditions, exclusions, limits other provisions of the bond any endorsements and generally applicable rules of law. Effective November 20, 2002 any losses caused by a certified act of terrorism would be partially reimbursed by the United States of America to FPIC under a formula; established by the Terrorism Risk Act of 2002. Under this formula, The United States of America reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. There is a cap on FDIC's Liability to pay for such losses if the aggregate amount of insured losses under The Act exceeds $100,000,000,000 during the applicable period' for all insured and insurer's combined. In that case, we will not be liable for payment of any amount, which exceeds that aggregate amount of $100,000,000,000. Your premium attributable to coverage for terrorist acts certified under The Act is Zero Dollars ($0.00). The cost of terrorism coverage is subject to changeon any bond where' premium is charged annually. Signed and Sealed this 14th day of January , 20 04 Financial Pacific Insurance Company fes. ...� Lisa M. Lucas , Attorney-in-Fact [Corporate Seal] - - .