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RESOLUTIONS - 01012005 - 2005-529
TIDE BOARD OF SUPERVISORS OF CONTRA CESTA COUNTY,CALIFORNIA Adapted this Resolution on August 16,2005,by the following vote; AYES: Gioia,Piepho,DeSautnier,Glover and Uilkema NOES: Nene ABSENT: None ABSTAIN': None '' LUTIEN 1�0� W .- SUBJECT: ISSUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 98-08263, beingdeveloped by Discovery Builders, Inc.,Alamo area. (District III) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 98-08263, property located in the Alamo area, Supervisorial District III,said map having been certified by the proper officials. III. Subdivision Agreement' A subdivision agreement with Discovery Builders, Inc., principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: Originator:public Works(ES)' ' I hereby certify that this is E true and correct copy of an action Contact;' S.Gospodchikov (313-2316) taken and entered on the minutes of the Board of Supervisors AH:rm on the;date shown. G:\GirpData\EngSvc\130\2005\08-1615D 96-08253 BO-21.doc cc: Public Works-T.Bell,Construction Current Planning,Conmiunity Development T-June 16,2005 Discovery Builders,Inc. ATTESTED: AI TM IST 1 _ DO- kohl port95201vvy,su H Concord,CAA 94524 P JOHNSWEETEN,Clerk of the Board of Supervisors and Peter O5trosky County Administrator 17 SugarloafTerraco Alain,CA 94507 � Travelers Casualty and Surety Company of America 100 California Street,Ste 300 San Francisco,CA 94111 By ,Deputy Attu:Carol B.Henry RESOLUTION NO.2of 5/ 529 SUBJECT: Approving the Final Map'and Subdivision Agreement for Subdivision 98-08263, being developed by Discovery Builders,Inc.,Alamo area.'(District ' DATE: August 16,2405 PAGE: 2 A. Cash Bono Performance amount: $4,693.00 Auditor's Deposit Permit No. 449017 Date: August 2, 2005 Submitted by: Discovery Builders,Inc. Tax ID Number: 4817657 2 B. Surety Bond Bond Company: Travelers Casualty and Surety Company of America Bond Number: 104507867 Date: July 29, 2005' Performance Amount: $464,607.00 Labor&MaterialsAmount: $234,650.00' Principal: Discovery Builders, Inc. 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 reap and that the 2004-2005 tax lien has been paid in full and the 2005-2006 tax lien,which became a lien:on the first day of January 2005, is estimated to:be $40,300.00, with security guaranteeing payment of said tax lien as follows: .` Tax Surety Bond Company: Travelers Casualty and Surety Company of America Bond Number: 104507871 Date: May 18, 2005'` Amount: $40,300.00 Principal: Peter Ostrosky: 0strosky Enterprises, a California Corporation 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. 3. 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A. ry $ Ad CL {{ mi .Q aa► L9, lit, Of u)° „npa}aW.r to 0 ops Ila J Fit 500 VIAS 'I A S Is &SI tl3 �Y,.,.-• � � � �"'e `-..` 42'tE�:t'�,N •9t1� ��'�' 8�1 `„�efft-"'b .v'�� /' t�- `ugi� F�,b in t7� ,Y v � b ,di1� �`�., t � `� '��S ..v" �• �g1:4��r,. .'''"�. 8 40160 /� 'h ).6 1! �y f �i �'rJ� 1✓�'Z j��y,����� .;��/� tl £`�z��imry7 yqp, wi 0. +i,`1�.C�'�pWG7 •�J J r-"`� ,• `�. •-...,� -11 aQ£i'46"Ea�( mut% < �`b Ts L 91 ~`^ "`,,,,' �. �t -�... i � � � � c�\ o-$cam• \ � ��"W��-E1 Y to� 2 4 S Wr Lt. yJ ys � C'e> � t Vt Y"S":1 1 ry �". »�.E{2!)3��•£,$s.OZN 'too" 41, r�6Zt '^ �ycn '��+ snw? " dsrl vt r+ -bit y yy g8 rya t x Sit + ,F C r� wFf (« ty3yt3 r. 1 1 t t SUBDIVISION AGREEMENT (Gov.Code,§ 66462 and 66463) Subdivision: Effective Date: Subdivider J" .- Completion Period THESESIGNATURES ATTEST T THE'PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER Maurice M. Pbli Director By. � Print Nam t e 5e Gr1 c RECOMMENDED FOR APPROVAL: Print Tales By Print n18 Engineering r72no Prkrt 1 e C r2±—ft w/ FORM APPROVE[f: County Counsel N( OTE:All signatures must beacknowledged,if Subdivideris Incorporated,the contract must signed by two officers.The first signature must be that of the chairman of the board,president or vice-president the second signature mustbe that of the secretary, assistanntsecretary,chief financial officer,or assistant treasurer.(CIv.Code,§1190 and Corps.Code,§313:) CERTIFICATE OF ACKNOWLEDGMENT State of California' ) ss. CDuntyof c Y C . C3 '�ct7-- ) i On the date written below,before me,the undersigned Notary Public,personally appeared the Persons)signing above for Qlk� :C d S 1C k0Q persona known to me( to be the person(Kwhose nameg Is*subscribed to the within instrument and acknowledged to me that het executed the"in hWXrrltjt6ir'authorized capacky(les),and that by h6**k signatursK on the Instrument the persoto),or the entity upon behalf of which the perso acts, executed the instrument WITNESS my hand and oftic at seat. Dated: U.PPMELES �. ry:Pub ( _ :^ C. MM, #1558733 Notary Seal) c` NOTARY CONRNCOTA COUNTY My CM11).Ex08s March 13,200q 1, PARTIES&DATE.Effective on the above date,the County of Uo t aV6ste,California,(hereinafter*County)and the above-mentioned Subdivider mutually promise and agree as follows concerning this Subdivision: 2. IMPROVEMENTS.Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,streettights,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 as required by the Conditions of Approval for this Subdivision,and In conformance with the Contra Costa County Ordinance Code,including future amendments thereto (hereinafter*Ordinance Code'). Subdivider shall complete said improvements(hereinafter°Work")whhin the above completion period from date hereof,as required by the California Subdivision Map Act(Gov. Code,§§66410 at.seq)in a;good workmanlike manner,in accordance with accepted construction practices and In a manner equal orsupertorto the requirements of the Ordinance Code and rulings made thereunder,and where there is a conflict among the improvement plans,the Conditions of Approval and the Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENTS SECURITY. Upon executing this Agreement,the Subdivider shah,pursuant to Gov.Code§66499 and the County Ordinance Code,provide as security to the County. A. for Performanoe and Guarantee:$ cash,plus additional security,In the amount of$ 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 cashless check Acceptable corporate surety bond. Acceptable Irrevocable letterof credit With;this security,Subdivider guarantees performance underthlsAgreementand maintenance of theWork for one year afterlts completion and acceptance againstany defective workmanship or materials or any unsatisfactory performance: B. For Payment Security in the amount:$ which is fiftypercent(50%)of the estimated cost of the Work.Such security is presented in the form of., Cash,certified check,or cashier's check Acceptable corporate surety bond. Form Approved by County Counsel Acceptable irrevocable letter of credit. (Rev.91031 Page t of 2 With this security,Subdivider guarantees payment to the contractor,to Its subcontractors and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. Upon acceptance of the Work as complete by the Board of Supervisors and upon request of Subdivider,the amounts held as security may be reduced in acoordance with Sections 94-4.406 and 94.4,408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that the Work shalt 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 964:6,'Acceptance,*of the OrdinanceCode.Subdivider agrees to correct,repair,or replace,at Subdivider's expense,any defects In said Work. The guarantee period does not apply to road improvements for private roads that are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK.Subdivider agrees to perform plantestablishmentwork for landscaping insWIed under this Agreement Said plant establishment work shag 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 an sure establishment of plants. Said plant establishment work shag be performed for a period of one(1)year from mid after the Board of Supervisors accepts the Work as complete. 6. IMPROVEMENT PLAN WARRANTY.Subdividerwarients the improvement plans for the Work are adequate to accomplish the Work as promised in Section 2 and as required by the Conditions ofApproval for the Subdivislom If,atany time before the Board of'Supervisorsaceapts the Work as complete or during the one year guarantee period,said improvement plans prove to be inadequate In any respect,,Subdivider shall make whatever changes are necessary to accomplish the Work as promised. 7. NO WAIVER BY GOUNTY. Inspection of the Work and/or materials,or approval of the Work and/or materials or statement by any officer,agent or employee of the County Indicating the Work or any pat thereofoompl eswlth the,requirements of this Agreement,or acceptance of the whole or any part of said Work and/or materials,orpsyments therefor,orany combination or all of these ads,shag not relieve the Subdivider of itss obligation to fulfil this Agreement as prescribed;nor shall the County be thereby stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8; INDEMNITY, Subd`Mder shall defend,hold'harmless and indemnify the indemNtees from the llabliities as defined In this section: A. The indemnitees benefitted and protected by this promise are the County and Its special districts,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 ofwhatheror 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 sult(s),action(s),?or other proceeding(s)concerning said liabilities and claims. C. The actions caukg liability,are any actor omission(negligent or non negligent)in connection with the matters covered by this Agreement and attributable to Subdivider;contractor,subcontractor,or anyofticer,agent,or employee of one or more of them: D. Non-Conditions.The promise and agreement inthissectionarenotconditionedordependentonwhertherornot any lndemnKee has prepared,supplied,orapproved any plan(s)or specificaflon(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 from any negligent or willful misconduct of any indemnitee. 9. COSTS. Subd0dershall pay,when due,all the costs of the Work,'Including but notgmlted to the costs of relocations ofexasfing utilities required thereby;inspections;material checks and tests;and othercosts incurred by County staff arising fromorretated to the Work;and priorto acceptance ofthe Walk as complete or expiration of anyappficablewarranty periods, whichever is later. 10. SURVEYS. Subdivider 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 the Work as complete by the Board of Supervisors. 111. NON-PERFORMANCE AND COSTS. If Subdivider falls to complete the Work within thetime specified In this Agreement,and subsequent extensions,or fails to maintains the Work,County may proceed to complete and/or maintain the Work by contract or otherwise and Subdivider agrees'to pay ail costs and charges Incurred by County(including,but not limited to,engineering,Inspection,surveys,contract,overhead,etc.)Immediately upon demand. Once action is taken by County to complete or maintain the Work,Subdivider,agrees to pay all costs Incurred by,County,even if Subdivider subsequently completes the Work. Should County sue to compai Performance under this Agreementorto recovercosts incurred in completing or maintaining theWork,Subdivideragrees to pay all attorney's fees, staff costs and all other expenses of litigation Incurred by County in connection the ith,'even g Subdivider subsequently proceeds to complete the Work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the Waduas complete,the Subdivision Islncluded 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/orany deposit.'bond,or letteroforadit 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 Subdivider,who shall fulfil all the terms of this Agreement as though Subdivkferbad contracted with the city originally.The provisions of paragraph 8(Indemnity)shall continue to apply in favor of the indamnitees'listed in paragraph&A.upon any such incorporation or annexation: 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the final map or parcel map for said Subdivision. 14. RIGHT OF ENTRY,Subdivider hereby consents to entry onto the Subdivision,property,and onto any other property over which Subdivider has land rights and upon which any portion of the Work is to be installed pursuant to the Improvement plans,by County and Its forces,Including contractors,for the purpose of inspection,and,in the event of non performance of this Agreement by Subdivider,completion and/or maintenance of the Work Form Approved by County Counsel - [Rav1.9103] H:1FinallPMLW-SubAgmt9.03.wpd Page 2 of 2 ti.vuF�t T i.tt`c,t.Xi 1 KA LUbIA IgPQSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER`'-. _ MARTINEZ,CALIFORNIA TO THE TREASURER, RECEIVED FROM .f ORGANIZATION NUMBER r. a I(Agr�iion} (for Cash Collection Procedures we County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG UL TASK OPTION ACTIVITY AMOUNT $ 7 , t., 1. 14 •. 1 : �Y�. �� T 1 / A'.'f lJ .+ f8'.r{h'. f I r� �f:�+r��"'.Y1 „-jI I tt r"i", rl 4 } 7r x l) ( i 1 I XPLANATION: TOTAL $ rj !1 0 Y DEPOSIT 1 _ Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O,ETC. $ h _-7 BANK DEPOSITS S FOR AUDCTOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP'" NUMBER r_ DATE - ASSIGNED he 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 igned� Date 4-A Signe r ''�"" Signets EXT if Deputy County Auditor deputy County Treasurer 4 REV.(7-93) 0648-9140' / 1122017: 61161393, $7,279.00, SD 98-8263, Drainage Mitigation, Discovery Builders, Inc., 4061 Part Chicago Hwy, Suite H, Concord, CA 94520 0649-9660 / 112300: G1161391, $1,575.00, M5 90-0141, Parcel Map Check, , Charles & Lorraine Farr, 18311 Bollinger Canyon Rd., San Ramon, CA 94583- 1507 0649-9660 / 112300: G1161393, SD98-8263, , Discovery Builders, Inc., 4061 Port Chicago Hwy, ,Suite H, Concord, CA 94520 $24.618.50, Inspection $1,200. Deposit Improvement Plan Check 0649-9660' / 112300: G1161394, $6,0042.00, 50,8100, Improvement Plan Review, Jahn & Lois' Herrington, 160 Alderwood Rd., Walnut Creek, CA 94598 8198003-0800: G1161393, $4,693.00, 50,98 8263, Cash Bond, , Discovery Builders, Inc., 4061 Port Chicago Hwy, Suite H, Concord, CA 94524 819800-0800: 61161395, $113,000.00,FC 624-05, Cash Bond, DeSilva Gates Construction, PO Box 2909, Dublin, CA 94568 819800-0840: G1161396, $10,7001.00, Sub 99-08382, Cash Bond', Ponderosa Homes II, Inc., 6671 Owens Dr., Pleasanton, CA 94588' Subdivision: Alamo Gardens,''8263 Bond No. 104507867 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 66499 - 66499.10) 1. R.ECTTAL 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 Alamo Gardens,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 Stateandlocal laws and rulings thereunder in order to satisfy conditions for filing of a:final map or parcel map for said:subdivision. 2. OBLIGATION: DiscovM Builders Inc as principal and Travelers Casualty and Surety Com-pay of America , a corporation organized and existing under the laws of the State of Connecticut - - 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: Four Hundred Sixty Four Thousand Six Hundred Seven Dollars (S 464,607.00 1 for Contra Costa County or any city assignee under the above County- Subdivision Agreement. B. Payment: Two Hundred Thirty Four Thousand Six Hundred Fifty Dollars ($234;650.00 ) 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. CONDITION: 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 ofthe 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 thesamein 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 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 fullyperformed,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 July 29 2005 Travelers'Casualty and Surety PRINCIPAL: DiscoverL Builders, Inc. SURETY: Cornpany of America Address: 4061 P ica o Highw4L Suite H Address: 100 California Street Suite 300 City: Conc d Zip: 94520 City: r ric` c Zi • 11 By: By: Print e: Albert D: Seeno' III. Print Name: Carol B. e Title: President Title: Attorney-in-Fact JD-mw:lap G:\GrpDatalEngsvc,Fomas\BN WORDIBN-12.doc Rev.July 29,2005 STPAUL TRAVELERS IMPORTANT DISCLOSURE NOTICE OF TERRORISM'` INSURANCE COVERAGE On November 25 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act`). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to informyou of the key features of the Act, and to let you know what effect; if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in excess of an insurer's statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your`` overall premium, and is no more than one percent of your premium. Dated: July 29, 2005 ILT-1018(9/04) TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford,Connecticut 06183-1062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT p KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, 'TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make,constitute and appoint:Carta B.Henry,Bradley N.Wright,William Phillips Jr.,Tiana Massey, of San Francisca; California,their true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred to sign,execute and acknowledge, at any place within the United States,the following instrument(s): by his/her sole;.signature and act, any and all bonds,recognizauces, contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking'and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attorneys)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies,which Resolutions are now in full force and effect: VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President, any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign;' with the Company's name and seal with the Company's seal bonds,recognizances contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may delegate all or,any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,'any Senior Vice President or any Vice Presider, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY`COMPANY-and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: That the signature of each of the following'officers: President, any Executive Vice`President:, any Senior Vice President, any Vice President, any Assistant Vice President; any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by s uch facsimile s ign€ature a nd facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached puog 'Aae;aloes #ueIslssv Qe�.� uosue40r-W JJON a41 rift SO Oz, kTnf jo kep g36Z stip OMI InOpaauu00 Jo 2414S `P=o;PVH3a',(tt;D OT uc`AuedEnOD aWo QOUJO ataox atp 3.0 patrOS put pau21S 0310j m tAou on°.,4!IoTnv JO atmtl,qjaD lip uT tFoj las ss saoloo4ajo spxuog atp jo suor4nlosa-a 8mpccte;S at{�l�`aiotusatpm3 pie°paXona'uaaq;ou sell puuaoxol In ut satvuat .uatpnV jo awg4mJ pue Xou=ouv jo jamod pat;oaug pue dmo2azo3 otp mg KaILXHD .ASa?IWaH 0(1 `�wpoarcao0 Jo OMS zip jo suogwodioo foots`ANyaI oa Aiwagvz) mojLf)Nuwva Puv Alva oo Amms E[tN AxiYawa malllAvaL `v:)Riawv go 7uNalvoD AI"aS a-KV 1UWI1S Z) S2 TUAVU.L ;o fJvIa.€aaS tnutsiny `pa&tssap= alp `I Ilnee4el.•o eveW, o!#gnd�JLIoN 90OZ`M eunr sejldxe uoisgwwoo AYV oaiatlt suo?gniosaU 8mpmS atP spun ao o xatl/sTgjo,14uotltnu Xq suopmodioz alp jo jlvgoq uo tuaun mur plus orp patnoaxa ails/a-i tali ptm :slues olmodtoo Mons on t zammnstu p?us atp of pars slues axp tet{i `suopnsodsoo pees jo gvos oxp moml ogs/oq tvgt `tuaumgsut a togr alp palnom totmpgpuouodottto OT `Al-NaNOD XLIWISY3 KOZo,StI AMVa PIIg A Vawo:) 2uauas f l-N x.Lwf Svo S?Ia'IaA-vi I, `vara 30 A.t�vaWOD A.LaUaS GKV AjjVf1SVD SH 'I VIU 10 Tuaptsaxd aalA aatuas st atts�aq tum :XEs put asodaP P. `u0 s AInp ata Aq Suzaq `oq& `mmoiq atzz obi RoSaWORL 'AA agaoaf) *=o AUmoszad xu wopq irOOZ 'Annuvr 3o Arp ipOZ srip u© lueplseld GOIA aolUeg uosdwoyl •M eBjoeO A" Y 9 5 t p > `( lM1kIVF! s 't1d9d3#kY## • ry CrdO&LITVH 90 A.Ia nOD uNVaNOD A 'IdfIS Z)NOIDNMARWI piamH AXVaWO:)AIRIMS dKV AALTVf1Sd SHH'IaAVIU vampiv ao Al vimo:)Al3?m tNv A.L'rvasvz)Ma'I3AV2Il immoaNmoo d0 a i vis •1,00Z A-mnosf jo Xrp Tp0Z STEP PDXWE 012tatC aq of sleas ajmo&oo naxp pue tuapisead aotA aomaS natp kq pauSts aq of tuatu=5tIt step pasn8a anuq A VaNOD ,UWfIW:) Mojf) '9 PUR ANVJWOo A.La2IRS QNB A 'MISY3 S2IaTaA IL `vDjuaIy 3o ANvawo:D xia-das cNv Ai rvf1Sv:► 52InaAvL laoa-daHm SSaIaim to CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On July 29, 2005 before me, Tiana Massey,Notary Public personally appeared-----------------------------Carol B. Henry------------------------------------ I@ ----_ _ -- . -------------------©personally known to me-- OR- ❑ proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person,,or the entity upon behalf of which the person acted, executed the instrument. =EY WITNESS my hand and official seal. _ Commission# 1452579 Notary Public-California Son Francisco County amy Comm.Expires Nov 22,2tik77 Si a ure of Lary CALIFORNIA ALL —PURPOSE ACKNOWLEDGEMENT State of California County of Contra Costa On August 1, 2005 before me D. Panteles, Notary Pubic,personally appeared Albert D. Seeno III ® Personally known to me -- OR--- ❑Proved to me on the basis of satisfactory evidence to be the person whose name is subscribed the within instrument and acknowledge to me that helshe executed the same in his/her authorized capacity and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, the executed instrument. WITNESS my hand and official seal. D. PAN TELES COMM.#1558733 NOTARY PLIB C-'1;W CALIFORNIA ti �" l i7NTR ITAM{)C1archtJN7Y -+ My Comm Er�sil8s 18.21106 .......................:......................................:.....................:........................................._.......................... '� \ant es i 4120/05 OLD REF'$42 8263 Tax Collector's Office William J.Pollacek 625 Court street Contra County Treasurer-Tax Collector Finance Budding,Room 100 P.0.Box 631 Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 '`County (925)646-4122 Cou 1 Joslyn Mitchell(925)646-4135 FAX '"I Tax Operations Supervisor Date: 4/20/2005 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 1 MS'# City T.R.A. 82+63 AL.AMO 66133 Parcel#: 187-171.048-7 187-171-049-5 187-171-050.3 187-171-063-7 187-171-064-5 187-330-013-9 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 2004-2005 tax lien has been paid in full. Our estimate of the 2005-2006 tax lien, which became a lien on the first day of January, 2005 is $40,300.00 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 pnimented to the County Tax Collector for review and approval of adegcracy'of security prior to riling with:the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasurer-Tax Collecto By: Bond No. 104507871 PRINCIPAL TITLE COMPANY SURETY Peter Ostrosky; Ostrosky Travelers Casualty and Surety Rme rises, a California rp0 at-t an Old Republic Title Company Company of America 17 Sugarloaf Terrace 3000 Clayton Road 100 California St. , Ste. 300 Street Address Street Andress Street Address Alamo, CA 94507 Concord, CA 94519 San Francisco, CA 94111 City, State, Zip City, State, Zip City, State, Zip Peter Ostrosky Dawn Cabral Scott Barshop Contact Person Contact Person Contact Person (925) 938-2895 (925) 6877880 (415) 732-1490 Phone Number Phone Number Phone Number BOND AGAINST TAXES' KNOW ALL MEN BY THESE PRESENTS: Peter Ostrosky; Ostrosky THA7F,nterprises, a California Corporation as Principal and Travelers Casualty and Surety Company of Merica as Surety, a corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in California are held and firmly bound unto the County of Contra Costa, State of Cal'ifornia', in the penal sum of FORTY THOUSAND THREE HUNDRED DOLLARS ($40,300.00), to be paid to the said County of Contra Costa,for the payment of which will and truly be made, we and each of us bind ourselves, our heirs, executors, administrators and successors,jointly and severally, firmly by these presents. Sealed with our seals and dated this 18th day of May 2005. The conditions of the above obligation is such that WHEREAS, the above bound Principal is about to file map(s) entitled SUBDIVISION 8263 covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against said tract of land covered by said map(s), which taxes and special assessments collected as taxes, are not as yet due or payable, Tax Bond for 2005-2006 Fiscal Year NOW THEREFORE, if said Principal shall pay all of the taxes and special assessments collected as taxes which are a lien against said 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. Otherwise it shall remain in full force and effect. PRINCIPAL: Peter Ostrosky Ostrosky SURETY: Travelers Casaulty and Surety Enterpri s, a Ca ifo nia Corporation /—Company of erica (ALL SIGNATURES MUST BE NOTARIZED) Carol" B. Henry, horn x act DAZE. ' c / cam BOND REVIEWED AND APPROVED CON mA,COSTA COUNTY TREAS RE AX LLECTOR TPAUL TRAVELERS IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism RiskInsurance Act of 2002 (the "Act"). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism which is in ' excess of an insurer's statutorily established deductible for that year. The Act also caps the amount of terrorism-related losses for which the Federal Government' or an insurer can be responsible at $100,000,000,000`.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached' policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and ` imbedded in your overall premium, and is no more than one percent of your premium. Bated: May 18, 2405 rLT"-10 18(9J04) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On May ,18, 2005 before me, Tiana Massey, Notary Public' personally appeared-----------------------------Carol B. Henry------------------------------------ ©personally known to me—OR- 0 proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorizedcapacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. TiANA MASSEv WITNESS my hand and official seal. Commission# 1452579 OlMy Notary Public-California Son Francisco County Comm.Expires Nov 22,2007 Si a re of tory TRAVELERS CASUALTY-AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY Hartford,Connecticut06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT KNOW ALL PERSONS; BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford State of Connecticut, (hereinafter' the "Companies") hath made, constituted and appointed, and do by these presents make,constitute and appoint Carol R.Henry,Bradley N.Wright,William,Phillips Jr.,Tiana Massey,of San Francisco, California,their true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred to sign,execute and acknowledge, at any place within the United States,the following instruments) by his/her sole signature and act,any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking and any and all consents incident thereto and to bind the>>Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the'Companies, and all the acts of said Attorneys)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies,which Resolutions are now in full force and effect VOTED: That the Chairman,the President,any Vice Chain=,any Executive Vice President,any Senior Vice President,any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign' with.the Company's us=arid:seal with the Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any said officers or the Board of Directors at any time may rernove any such appointor and revoke the power given himm or her. VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President;any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vine Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under seal,if required)by one or more Attorneys-in-Pact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile(mechanical or printed) under and by authority of the following Standing Resolution'voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY. COMPANY OF AMERICA, TRAVELERS CASUALTY AND S'URET'Y COMPANY and FARMINGTON CASUALTY COMPANY,which Resolution is now in full force and effect: VOTED: 'That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice president, any Vice President, any Assistant Vice President, any Secretary, any Assistant'Secretary, and the seal of the Company may be affixed by facsimile to any pourer of attorney or to any certificate relating thereto'appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile s ignature and facsimile seal shall be valid and binding upon the Company in the'future with respect to any bond or undertaking to which it is attached. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT i State of California t.... County of c _ l Jt `J i`t ss. i ' � 0 S (e- , I On;, •.-._-J E ' before me, (�1 i Date r""\ Name and Title of Officer(e.g.,.`Jane Doe,Notary Pump personally appeared ) Vtit `'� i Name(s).ot Signer(d) ❑personally known to me proved to me on the basis of satisfactory evidence i 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(fes), and that by his/her/their signature(s)':on the instrument the person(s),or I the entity upon behalf of which the person(s) MICHELE DAY acted, executed the instrument. Gommds$ion V 1347135 i Notary Public-Califomis WiTNES y n4 a fficial Se i Contra Costa County w Comm. ir( Mar 10,20©5 I Sign lure of Noiary'Pubtic � OPTIONAL' Though the information below is not requiredby law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. I Description of Attached Document L Title or Type of Document: Document Efate: � � � �'� Number of Pages: l Signer(s)Other Than Named Above: ) Capacity(ies) Claimed by Signer i l Signer's Name: e ❑ individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—Cl Limited ❑General D Attomey-in-f=act ❑ Trustee ❑ Guardian or Conservator r t ❑ Other: i Signer is Representing: 01999 Natlonst Notary Association-9350 Oa Soto Ave..P.O.Boz 2402•Chatsworth,CA 91313-2402•www.nationalnolaryorg Prod.No.5907 Reorder:Gall Toll-Free 1-800-876-6827