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HomeMy WebLinkAboutMINUTES - 03072000 - C.182-184 G 112- THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 7, 2000, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILT-A AND GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.: 2000/91 SUBJECT: Approval of Subdivision Agreement (Right of Way Landscaping) for Subdivision 7686, Byron area. The following document was presented for Board approval this date for Subdivision 7686 located in the Byron area. A Subdivision Agreement(Right of Way Landscaping)with Talisman Realty Group,Inc., developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within one year from the date of said agreement. Improvements generally consist of plants, shrubs,trees and associated irrigation systems. Said document was accompanied by the following: Security to guarantee the completion of right of way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: I. Cash Bond Deposit Amount: $1,000.00 Auditor's Deposit Permit No. and Date: 342940 (December 29, 1999) Deposit made by: Talisman Realty Group, Inc. Federal Tax Identification Number: 68-0419482 State Tax Identification Number: 2118258 H. Surety Bond Bond Company: The American Insurance Company Bond Number and Date: 11119463542 (February 15, 2000) Performance Amount: $112,700.00 Labor&Materials Amount: 56,350.00 Principal: Talisman Realty Group,Inc. RESOLUTION NO. : 2000/91 SUBJECT: Approval of Subdivision Agreement (Right of Way Landscaping) for Subdivision 7686, Byron area. DATE: March 7, 2000 PAGE 2 NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right of Way Landscaping) is APPROVED. All deposit permits are on file with the Public Works Department. 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 on the date shown. ATTESTED. MARCH 7, 20Q4 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By ,Deputy RL:JD:mw G:\GrpData\EngSvc\BO\2000\BO 7686&8143.doc Originator. Public Works(ES) Contact: Eich Lierly(313-2348) cc: Pubic Works- R.Bruno,Construction Current Planning,Community Development T--December 15,2000(P 1) Talisman Realty Group,Inc. Dba Hoffman Land Development Company P.O.Box 758,Concord,CA 94522 The American Insurance Company One Market Plaza,Spear Street Tower San Francisco,CA 94111 SUBDIVISION AGREEMENT 00 (Right of Way Landscaping) (Government Code 566462 and 566463) Subdivision. 7686 (DBW UNIT #Q Effective Date: -1 dg4� 1_ Subdivider: TALISMAN REALTY GROUP INC. Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title) J. Michael Walford, Public Works Director TALISMAN REALTY GROUP INC. By: (signature) (print name&title) A.T. W, PRESIDENT RECOMM NDE PPR VAL: By: (signature) Engineerin ervices Division (print name&title) FORM APPROVED: Victor J. Westman, County Counsel (NOTE:All signatures to be acknowledged. If Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code S313.) 1. PARTIES & GATE. Effective on the above date, the County of Contra Costa, California, hereinafter called "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, 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). Subdivider 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 SS66410 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. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code 566499,and the County Ordinance Code, provide as security to the County: A. For Performance and Guarantee: $1,000.00 _ cash, plus additional security, in the amount of$ 112.700.0T 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. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider 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 Pavm nt: Security in the amount of$56,350-00 which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors, and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with S94-4.406 and 594-4.408 of the Ordinance Code. d. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material'or workmanship and shall perform satisfactorily for a period of one-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. Subdivider agrees to correct, repair,or replace, at his expense, any defects in said work. system. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road 5. PLANT ESTABLISHMENT WORK. Subdivider 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-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County, bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider 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, Subdivider shall make whatever changes are necessary 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 Subdivider of his obligation to fulfill this agreement as prescribed; nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its 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 the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission (negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider, 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: Subdivider shall pay when due, all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 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 any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS: If Subdivider fails to complete the work within the time specified in this Agreement, and subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection, surveys, contract,overhead, etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces, including contractors, in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work, Subdivider agrees to pay all attorney's fees, and all other expenses of litigation incurred by County in connection therewith, even if Subdivider 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,the 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 Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. :mw G:1GrprlaWEngSvcTorms4AG WORDWG-30A.doc Rev.November 19,1998 . o7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ) ) SS County of Contra Costa ) On 1/20/00, Elizabeth A. Stagner, a Notary Public in and for the State of California, personally appeared, A.T. Shaw, personally known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal E ZABETN A. STA&NER a COMM. 1166827 � r!► NOTARY PUBLIC-CALIFORNIA CONTRA COSTA COUNTY Signature � lf -. My Gomm.Expire:Jan,z3,2002 (Seal) Name of Document: Newport Drive — Landscaping Agreement Date: February 15, 2000 Number of Pages: r � ACTION BY THE BOARD OF DIRECTORS OF TALISMAN REALTY GROUP, INC. BY WRITTEN CONSENT WITHOUT A MEETING The undersigned, being all of the present directors of Talisman Realty Group, Inc., a California corporation, individually and collectively consent, by this writing, to take the following actions, to adopt the following resolution: RESOLVED, that the corporation authorizes A.T. Shaw to be the sole signator for the execution of any and all subdivision maps for the corporation. This consent is executed pursuant to section 307, subdivision (b) of the California Corporations Code which authorizes the taking of action of the Board of Directors by unanimous written consent without a meeting. Dated: July 28, 1999 Kenneth H.f-lom nn, director Ibert T. Shaw, D or LA Dennis M. Drew, Director COUNTY OF CONTRA COSTA '+d DEPOSIT PERMIT )FFICE OF COUNTY AUDITOR-CONTROLLER x / ';;1 O THE TREASURER: MARTINEZ,CALIFORNIA ECEIVED FROM vontra Costa County Public Warks ORGANIZATION NUMBER 4500 255 Glacier Dr. Jartinp.z. CA .24553 (For Cash Collection PmKedum sae Canty Administrator's Bulletin 105.) DESCRIPTION FUhlD/ORr- ICt TASK TION ACTIVITY AMOUNT # 000651 9660 REV 6LO88D 40.010 nv 90 08 /W Trrs 007520 9895 688508 31338.P0 _�pipe 007760 99.75 65147 11159.;36 o A 004529 9895 6JO137 153.83 I o F1 s c 004500 9931 6AO196 26.PO 1 x 100300 0637 1. 3 'rug ' nd 831000 0800 34,085.oa r I I I I I I , i I , I I. i f I , :XPLANATION: TOTAL # I Eng Svcs. 1006651-1006657 1 'Void 1006652 DEPOSIT, 38 803'.52 Eng Svcs 1005748-100750 No Voids DepcWt consists of the following its Accountin 1006500 No Voids CON and CURRENCY # Trust Fund Total $34.085.00 831.000-.0800 2 441005750 $11575.00 a 'or Subdivision .Ma Check 1�"ee 'N1°' t # + it � os s # Sub 8394 Jobe r n e r. Alamo, Halina Repp,. FM AUDtfOR-CONTROU ER USE ONLY 173 Vernal Dr. , Alamo CA 94507- 1229 DEPOSIT-. WIN b.')/ 01U,000.00 SuBmprovement Plan Check 'DP Windemere BL,C Land Co. 24800 Chrisanta Dr. Mission 1,Iuu R Viejo, DATE 294$ DEC/29'92 See attached for additional trust fund information The ornount of money described above is for Trwosutoe's receipt of above orrr w*is approved. Re6eipt of 6bove arrant is hweby deposit into the County Yre"urlc o Signed %a2 9 title Acct Clerk Exp 3-2344 Canty tar. Do"�Cou tyTreesuner 34 REV.(7-93) Fug Svcs Jeff Liza Azile ,Z,I2.f'�'' ,e f. • �-,,7--tld Trust Fund 831000®0800 G#1006655 $9, 173.00 LS Improvement Plan Review Sub 7686, 8143 and RA1079 Newport Drive, Discovery Pay West Villages Units 142, Landscaping and Inspection Fees L5 Improvement Plan Inspection ,$13,337.00, Talisman Realty Group Inc. , PO Box 758 , Concord, CA 94522 r y � Subdivision: 7686 (DBW UNIT #l) Bond No.: 11119463542 Premium: $1,014.00 IMPROVEMENT SECURITY BOND FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance, Guarantee, and Payment) (California Government Code Sections 66462 and 66453) 1. RF.ciTA-L of Supntvis ON AGREEMENT: The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related improvements in Subdivision 7b86 as specified in the Subdivision Agreement(Right of Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement(Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. TALISMAN REALTY GROUP, INC. DBA: HOFMANN LAND DEVELOPMENT 2. OBLIGATION: -. — ,as Principal,and THE AMERICAN INSURANCE COMPANY ,acorporation organized existing under the laws of the State of Nebraska - and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance and Guarantee: UNE HUNDRED TWELVE THOUSAND SEVEN HUNDRED AND NO/100--- Dollars($ 112,700.00 )for itself or any city assignee under the above County Subdivision Agreement,plus B. Payment: FIFTY SIX THOUSAND THREE HUNDRED FIFTY AND NO CENTS Dollars($ 56.350 oo 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. Con-MON: A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded Principal,his or its 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 is 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On February 15, 2000 before me, Bernice Elizabeth ONeal, Notary Public, personally appeared Kathleen Bryant, personally known to me 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 her instrument. Witness my hand and official seal BEpNICE ELIZABETH ONEa&A a)�jj A P - COMM. 1189793 +� NOTARY PUBLIC•CALIFORNIA ' CONTRA COSTA COUNTY .. My Comm.Expire June 11,2002It •rrrrrrrrrrrrrrrrrrrrrarrrrrrrrrrrrrrrrrrrarrrrrrrrrrrrrrrrrrrrrrrrrrrrr OPTIONAL rrrrrrrrrrrarrrrrrrrrrr a arrrrrrrrrrarrrrrrrrrraararrrrrrrrrrrrrrrrrrr�r Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment to this form. CAPACITY CLAIMED BY SIGNER: Attorney-in-Fact SIGNER. IS REPRESENTING: THE AMERICAN INSURANCE COMPANY ire CALIFORNIA ALL.-PURPOSE ACKNOWLEDGEMENT State of California ) ) SS County of Contra Costa ) On 1/20/00, Elizabeth A. Stagner, a Notary Public in and for the State of California, personally appeared, A.T. Shaw, personally known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. w%ELIZABETH A. STAGidER WITNESS my hand and official seal No OM. 16660 SIACONTRA COSTA COUNTYy Comm.Expires Jan.29,2©02 Signature s" Vd �/ - (Seal) Name of Document: Newport Drive — Landscaping Bond Date: February 15, 2000 Number of Pages: FIREMAN'S FUND INSURANCE COMPAN" NATICINAL SURETY CORPORAT,<.,N ASSOC... TED INDEMNITY CORPORATION' THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OFATTOR.NEY KNOW ALL MEN BY THESE PRESENTS'That FIREMAN'S FUND INSURANCE COMPANY,a California corporation,NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, it Missouri corporation, (herein collectively called "the Companies")does each hereby appoint .JAMES C. JENKINS, KATHLEEN BRYANT, CONCORD CA their true and lawful Attomey(s)-in-Fact,with full power of authority hereby conferred in their name,place and stead,to execute,seat,acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof --------------------------------------- _ and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By-laws of FIREMAN'S FUND INSURANCE COMPANY,NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY which provisions are now in full force and effect. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION,THE AMERICAN INSURANCE COMPANY,ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held,or by written consent,on the 19th day of March,1945,and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies,and the seat of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seat shall be valid and binding upon the Companies." IN WITNESS WHEREOF, the Companies have caused these presents to be signed by their Vice-President, and their corporate seals to be hereunto affixed this 25th dayof gaptamher ]99 tit+cau.'rr �`* " % ,•�Yw'�r"4 � FIREMAN'S FUND INSURANCE COMPANY r. NATIONAL SURETY CORPORATION t; `•. . ; --• THEAMERICAN INSURANCE COMPANY • • ++a A i: ASSOCIATED INDEMNITY CORPORATION AMERICAN AUTOMOBILE INSURANCE COMPANY +tc,r•c"s`� i ' `' `` ♦ t %fa eta 'h';ty`•.o..s°r'� � ''yes ca`" t*ret`+co► lours+°. BY STATE OF CALIFORNIA Ss. COUNTY OF+Yir.RIN JJ On this day of EB t y er _ ,before me personally came M.A. Mallonce to me known,who,being by me duly sworn,d depose and say.that is a toe—�dent of company,descrtTxd in and which execr ve instrument;that he knows the seats of the said . Companies;that the seals affixed to the said instrument are such company seals;that they were so affixed by order of the Board of Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF,I have hereunto act my hand and affixed my official seal,the day and year herein first above written. �L OCAMPO t Comminlo n# 1163726 Not Morin County t�trtia WCarM B#s Nov23.2001 Notary rwic CEi�'ICATE STATE OF CALIFORNIA COUNTY OF MARIN f ss. 4 the undersigned,Resident Assistant Secretary of each company,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;snd furthermore that Article VI(of the By-laws of each company,and the Resolution of the Board of Dkedors;set forth in the Power of Attorney, are now in farce. Signed and sealed at the County of Maria.Dated the 15th day o f February 2000 y iresirrr �t�Art a Ry � a ea ssnta+m Y e s c A" �} t •rI••u..,•••` kta C ���MC LOt#t. /IriiiintAs"A tSroastuy 3607E9-11-9$ C ' ivj , l Recorded at the request of: Contra Costa County Public Works Department Engineering Services Division Return to: Public Works Department Engineering Services Division THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 7, 2000,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILLA AND GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.: 2000/92 SUBJECT: Acceptance of Instrument. IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT REFERENCE GRANTOR AREA Grant Deed of Subdivision 7686 Talisman Realty Byron Developments Rights Group, Inca (Open Space) 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 on the date shown. RL:JD:mw ATTESTED: MARCH 7, 2000 Cr:\CrpDatalEngSvc1B0120001BO 7686&8143.doc PHIL BATCHELOR, Clerk of the Board of Supervisors Originator: Public Works(ES) and County Administrator Contact:Rich Lierly(313-2348) cc: Recorder(via Title Co.)then PW Records Current Planning,Community Development By , Deputy RESOLUTION NO. : 2000/92 Recorded at the request of: Contra Costa County Public Works Department Engineering Services Return to: Public Works Department Records Section Area: Syron Subdivision: 7686 A1PN: 011-220-027 GRANT DEED OF DEVELOPMENT RIGHTS (Open Space) To meet condition of approval number 5B of Subdivision 7686, Talisman Realty Group, Inc. (Owner) hereby grants to the County of Contra Costa, a political subdivision of the State of California(Grantee) and its governmental successor or successors, the future development rights, as defined herein below, over a portion of that real property known as Parcels "E and J", of Subdivision 7686, situated in the County of Contra Costa,State of California and more particularly described in Exhibit A. Development rights are defined to mean and refer to the right to approve or disapprove of any proposed construction, development or improvement within the areas marked "restricted development area." The development rights are and shall be a form of covenant,which shall run with the said property and shall bind the current owner and any future owners of all or any portion of said property. In the event of disapproval of proposed construction by the Grantee or its successor, said proposed construction shall not be performed. Grantee or its successor may condition its approval of any proposed construction upon prior or subsequent performance of such conditions as Grantee may deem appropriate. Any owner or owners of all or any portion of said property desiring to develop any improvement requiring the approval of Grantee or its successor herein shall submit to such entity a written proposal describing the nature, extent,and location of such improvement. Grantee or its successor shall have sixty(60)days from receipt of such proposal in which to grant its approval or disapproval. Failure by Grantee or its successor to respond in said time period shall be equivalent to the approval of such proposal. The undersigned executed this instrument on 7A,,V, /2' 2.ee-r cel• Talisman Realty Group,Inc. By. Albert T. Shaw,Director. (See attached notary) m:w G:\ChvDm\&.sSvcliosaPH\19MAugu,nstm 7686.doe CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 001* ss. a On before me , Date Name and Title of 0lticer{e.g.,"Jana ,Notary Public") personally appeared / � � ,/1 , Name(s)of Signer(s) S l personally known to me 7 proved to me on the basis of satisfactory evidence ELlZA�ETN A, STAGNER to be the person(s) whose name(s) is/are `� COMM, 1166827 subscribed to the within instrument and � •'g NOTARYPUBLIC-CALIFORNIA acknowledged to me that he/she/they executed CONTRA COSTA COUP My Comm,Expires Jan.23,2{)42 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 seal.. Place Notary Seal Above Signature of Notary P lic OPTIONAL Though the information below is not required by law,It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document " f Title or Type of Document: ii Document Date: 1-12'`00 Number of Pages: �S Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: E. Individual Top Of thumb here Corporate Officer—Title(s): Partner—❑ Limited El General ® Attorney in Pact © Trustee ® Guardian or Conservator El Other: Signer Is Representing: 0 1997 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder;Call Toll-Free 1-800-878.8827 '7--dO �{n ACTION BY THE BOARD OF DIRECTORS OF TALISMAN REALTY GROUP, INC. BY WRITTEN CONSENT WITHOUT A MEETING The undersigned, being all of the present directors of Talisman Realty Group, Inc., a California corporation, individually and collectively consent, by this writing, to take the following actions, to adopt the following resolution.: RESOLVED, that the corporation authorizes A.T. Shaw to be the sole signator for the execution of any and all subdivision maps for the corporation. This consent is executed pursuant to section 307, subdivision {b} of the California Corporations Code which authorizes the taking of action of the Board of Directors by unanimous written consent without a meeting. Dated: July 28, 1999 Kenneth H. o ' nn, Director Ibert T. Shaw, D or Dennis M. Drew, Director } Subdivision 7686 (Open Space) EXHIBIT "A'" All that real property situated in the County of Contra Costa, State of Californias described as follows: All of Parcels "E and J,`s designated as "Restricted Development Area (Open Space)„ as shown on the final map of Subdivision 7686, on file at the County Recorder's Office as follows: Date: Book.: Page: Mmw G:tiGVD&ta\&SSvc\JOSEPH\1999\August\SUB 7686Aoc rt! THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 7, 2000,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, DESAULNIER, CANCIAMILLA AND GERBER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.: 2000/93 SUBJECT: Approval of Subdivision Agreement (Right of Way Landscaping) for Subdivision 8143, Byron area. The following document was presented for Board approval this date for Subdivision 8143 located in the Byron area. A Subdivision Agreement(Right of Way Landscaping)with Talisman Realty Group, Inc., developer, whereby said developer agrees to complete all improvements as required in said Subdivision Agreement (Right of Way Landscaping) within one year from the date of said agreement. Improvements generally consist of plants, trees and shrubs, with related irrigation systems. Said document was accompanied by the following: Security to guarantee the completion of right of way landscaping as required by Title 8 and 9 of the County Ordinance Code, as follows: Y. Cash Bond Deposit Amount: $1,000.00 Auditor's Deposit Permit No. and Date: 342940 (December 29, 1999) Deposit made by: Talisman Realty Group, Inc. Federal Tax Identification Number: 68-0419482 State Tax Identification Number: 2118258 II. Surety Bond Bond Company: The American Insurance Company Bond Number and Date: 11119463559 (February 15, 2000) Performance Amount: $70,730.00 Labor&Materials Amount: $35,365.00 Principal: Talisman Realty Group, Inc. RESOLUTION NO.: 2000/93 .�2 SUBJECT: Approval of Subdivision Agreement (Right of Way Landscaping) for Subdivision 8143, Byron area. DATE: March 7, 2000 PAGE 2 NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right of Way Landscaping) is APPROVED. All deposit permits are on file with the Public Works Department. 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 on the date shown. ATTESTED: MARCH 7, 2000 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator RL:JD:mw G:\CtpData\EngSvc\BO\2000\BO 7686&8143.doc By i"' , Deputy Orlginator: Public Works(ES) Contact: Rich Lierly(313-2348) cc: Pubic Works- R.Bruno,Construction Current Planning,Community Development T—December 15,2000(P 1) Talisman Realty Group,Inc. Dba Hofmann Land Development P.O.Box 758,Concord,CA 94522 The American Insurance Company One Market Plaza,Spear Street Tower San Francisco,CA 94111 SUBDIVISION AGREEMENT /ll (Right of Way Landscaping) (Government Code 566462 and 566463) Subdivision: 81.43 (DBW UNIT.#2) Effective ?ate: Subdivider: TALISMAN REALTY GROUP INC. Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES`AGREEMENT HERETO: CONTRA COSTA COUNTY SUDDIVIDER: (Name and Title) J. Michael Watford, Public Works Director TALISMAN REALTY GROUP INC. ' r By: (signature) (oL tent n.r,se east A.T. SHAW, ESIDENT E O MENF A L: By: (signature) Engineering rvices Division (print narne s deet FORM APPROVED: Victor J. Westman, County Counsel (NOTA.All signatures to be acknowledged. If subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code 5313.) 1. PARTIES & D&JE. Effective on the above date,the County of Contra Costa, California, hereinafter called" nt ,"and the above-mentioned Subdivide-,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, 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), Subdivider 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 5566410 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. IMPROVgMENNT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code 566499,and the County Ordinance Code,provide as security to the County: A. r Eerformance and Cuaren e: $ ,000.00 cash,plus additional security, in the amount of$, -70,-720,0 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security In the amount of$ 35,365 00 ,which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of. Cash,certified check,or cashier's check X Acceptable corporate surety bond. Acceptable Irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with S94-4.406 and S94-4.406 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one-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. Subdivider agrees to correct,repair,or replace,at his expense, any defects in said work. system. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road 5. PLANT ESTABLISHMENT WORK. Subdivider 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-year from and after the Board of Supervisors accepts the work as complete. At the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County. 6. IMPROVEMENT PLAN WARRANTY. Subdivider 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,Subdivider shall make whatever changes are necessary 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 Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its 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 the 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 aglions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,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: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 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 any work as complete by the Board of Supervisors. 11, NON-PERFORMANCE AND COSTS: If Subdivider falls to complete the work within the time specified in this Agreement,and subsequent extensions, or fails to maintain the work, the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection, surveys,contract,overhead,etc.)immediately upon demand, -Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work, Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider 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,the 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 Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. MW G:1GrpDatatEna5vclFomu�AG WORDIAG-30A.doc Ray.NNovember 19,1998 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ) ) SS County of Contra Costa ) On 1/20/00, Elizabeth A. Stagner, a Notary Public in and for the State of California, personally appeared, A.T. Shaw, personally known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person(s), or the entity on behalf of uted the instrument. ELIZABE N A. STAGNER It COMM. 1166827 ' NOTARYPUBLIC-CALIFORNIA WITNESS m hand and official seal ���+++ COMMA COSTA COUNTY y M Comm.Expires Jen,23,2002 Signaturel. lc_ i (Seal) Name of Document: Bixler Road — Landscaping Agreement ©ate: February 15, 2000 Number of Pages: COUNTY OF CONTRA COSTA -� C" 4 t 4y t N DEPOSIT PERMIT �`� )FFICE OF COUNTY AUDITOR-CONTROLLER e 4 THE TREASURERMARTINEZ,CALIFORNIA ECEIYED FROM :;antra Costa County Public WarksORGANIZATIONNUM6ER 4500 255 Glacier Dr. jartinezp CA 94553 (For Cali Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION 1 /ORC% SUL TASK TION ACTIVITY AMOUNT �R1 93- 1 96 A-A000651 9660 REV 6LO88D 40.b0 I nv 90 08 /V ,&, rr s 007520 9895 6B8508 1 3,338. 0 - 1 'i i id i R 007760 9975 6X5147 19159.` 6 s mp B p o A 004529 9895 6JO137 153. 3 1 'a1o P1 c 004.500 9931 6AO196 26. 0 I 1 100300 0637 rug nd 831000 0800 34,085.00 I 1 1 1 I 1 i i 1. 1 I 1. 1 1 1 i X SLA TION: TOTAL S 1 Eng Svcs. 1006651-1006657 1 Void 1006652 DEPOSIT 38 8031.52 Eng Svcs No V51ds Deposit consist:of the falkrwiing items .kccountin 1006500 No Voids COIN and CURRENCY ' s Trust Fund Total $34,085.00 831000-0800 �� i3 X0.52 3#1005750 �1 575.00 Ra 'or Subdivision .Ma Check Feel �` $ ` Posers s u o e r n a t r lamo. Halina Repp,. FOR AUDITOR-CONTROLLER USE ONLY 173 Vernal Dr. Alamo CA 94507- 1229 DEIPOSIT. . u improvement an ReekPERMIT DP 4indemere BLC hand Co. 24800 Chrisatita Dr. Mission _NUMBER Viejo, p 926 91 x' 4294$ DEQ29' See attached for additional trust -fund information . the amount of money described above is for TmasuWs reoOpt of abavie amount is cwoved. Receo of above amount is hereby deposit into the County Treasurys aclarawled"d signed212dZ 99 Title. Ac t C l er k ExT:. '3-2344 r Deputy bounty Tmwter 34 REV I7-93) Eng Svcs Jeff Liza Anile ` � : Trust Fund 831000-0800 G#1006656 $9, 173.00 LS Improvement Plan Review Sub 7686, 8143 and RA1079 Newport Drive, Discovery Pay West Villages Units 142 , Landscaping and Inspection Fees LS Improvement Plan Inspection ,$13,337.00, Talisman Realty Group Inc. , PO Boer 758, Concord, CA 94522 . Y Subdivision: 8143 (DBW UNIT #2) Bond No.: 11119463555 Premium: $07.00 IMPROVEMENT SECURITY BOND FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT (Performance,Guarantee, and Payment) (California Government Code Sections 66462 and 66463) 1. �EciTAL of SuBDIVIsm AGREEMENT: The Principal has executed an agreement with the County to install and pay for public right of way landscaping, and other related improvements in Subdivision 8143 as specified in the Subdivision Agreement(Right of Way Landscaping), and to complete said work within the time specified for completion in the Subdivision Agreement(Right of Way Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. TALISMAN REALTY GROUP, INC. DBA: HOFMANN LAND DEVELOPMENT 2. OBLIGATION: .as Principal,and THE AMERICAN INSURANCE COMPANY -- __ -__-- ,acorporation organized existingunder the laws of the State of Nebraska and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance and Guarantee: SEVENTY THOUSAND SEVEN HUNDRED THIRTY AND NO CENTS Dollars($ 70,730.00 )for itself or any city assignee under the above County Subdivision Agreement,plus B. Payment: THIRTY" FIVE THOUSAND THREE HUNDRED SIXTY FIVE AND NO CENTS Dollars($ 35,365.00 ) 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. C=rrroN• A. The Condition of this obligation as to Section 2.(A) above is such that If the above bounded Principal,his or its 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 is 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. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On February 15, 20001 before me, Bernice Elizabeth ONea1, Notary Public, personally appeared Kathleen Bryant, personally known to me 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 her instrument. Witness my hand and official seal BERNICE ELIZABETH 0 A f COMM. 1189793 , NOTARY PUBLIC-CALIFORNIA CONTRA COSTA COUNTY My Comm.Expires June 11 2002) rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr a rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr OPTIONAL rrrrrrrrrrrrrrrrrrrrrrrrrrrr■rrrrr■■rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr. Though the data below is not required by taw, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment to this form. CAPACITY CLAIMED BY SIGNER: Attorney-in-Fact SIGNER IS REPRESENTING: THE AMERICAN INSURANCE COMPANY FIREMAN'S FUND INSURANCE COMPAN'4' NATIOcIAL SURIr"I"Y CORPORA`I,—N ASSOL—.TED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OFATTORNEY KNOW ALL MEN BY THESE PRESENTS:That FIREMAN'S FUND INSURANCE COMPANY,a California corporation,NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a Catiromia cot oration, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called `the Companies')does each hereby appoint JAMES C. JENKINS s KATHLEEN BRYAN'T x CONCORD CA their true and lawful Attorneys)-in-Fact„with full power of authority hereby conferred in their name,place and stead,to execute,seal,acknowledge and deliver any and all bonds,undertakings,recognizance-,or other written obligations in the nature thereof ------- p,.__,r•,"—,,,,N,,,,,_,"„—,"__----y1--r and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the C•ompanics and duty attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted under and by the authority of Article VIl of the By-laws of FIREMAN'S FUND INSURANCE COMPANY,NATIONAL SURETY CORPORATION. THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY which provisions are now in full fora and effect.. This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION,THE AMERICAN INSURANCE COMPANY ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY ata meeting duly called and held,or by written consent,on the 19th day of March,1995,and said Resolution has not been amended or repealed: 'RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies,and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN WITNESS WHEREOF, the Companies have caused these presents to be signed by their Via-President, and their corporate.seats to be hereunto affixed this �,._th dayof q=Ar ,.113$_• Eat tl7 FIREMAN'S FUND INSURANCE COMPANY �`,,•;•.;red a`tfi "+ti�Q �+"�`'F+� NATIONAL SURETY CORPORATION THE AMERICAN INSURANCE COMPANY acw.aane - car +�s' ASSOCIATED INDEMNITY CORPORATION 4r.cr* !". ,� 4,,. ." �'*��*rte 'r «.. x '+"'w• .' AMERICAN AUTOMOBILE INSURANCE COMPANY CE co �ACE e$ �ttMas STATE OF CALIFORNIA COUNTY OF MARIN f ss. On this day ofmm gr ,before rate personally came M.A. Maikoea to me known,who,being by me duly sworn, and say he t he is air -ftsiaent of each company,described in and which execu a-RRaraC; t he knows the seals of The said . Companier.that the seals affixed to the said instrument are such company Seals;that they were so affixed by order of the Board of Directors of said companies and that he signed his same thereto by like order IN WfINES5 WHEREOF,I have hereunto iter my hand mail affixed my official seat,the day soil year herein first above written, L OCAIwAPO CamcTliSStort#I I63726 Notory Pubk-California Marin County 6WCCVTM80ftNoV2B.200I miliary Public C.1RRCtFCt:ATE STATE OF CALIFORNIA sa. COUNTY OF MARIN I.the undersigned,Resident Assistant Secretary of each onm y,DO HEREBY CERTIFY Out the f ing aattached POWER OF ATTORNEY remains in full force ,mil bas sot ban revoked;and f ldhermoaro Chu Anide VII of�By-taws of each company;and the Resolution of the Board of Directors;set forth In the Power of Attorney, are wow In fora. Sigwod and sealed at the County of Marin.Dsw the 15th d y of jebruary p 2000 . e�itttrr� ��w a♦ t •~�d�*OL *� i aarrtaao � � � :F ,}• � at at A L i••,.....�r�' �k„ca cc'`�•� �G*s+reE�t+�- 4=faaR.'�' s+rlearrrrsx:sr.rr ' :1b078g-II=9'8 ll CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ) ) SS County of Contra Costa } On 1/20/00, Elizabeth A. Stagner, a Notary Public in and for the State of California, personally appeared, A.T. Shaw, personally known to me to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person(s), or the entity on behalf of which the person(s) acted, executed the instrument. FrA*- ELIZABETH A. STAGWITNESS my hand and official seal COMM. 1166B27 NOTARY PUBLIC CALIfORN{A ONTRA COSTA COUNTY Comm.Expires Jan.23,20U2 Signature r� �- (Seal) Name of Document: Bixler Road — Landscaping Bond Date: February 15, 2000 Number of Pages: