The URL can be used to link to this page

Home My WebLink AboutMINUTES - 03072000 - C.185-187 'fr r 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.. 2000/94 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8143 (Subdivision 7686, Parcel F),Byron area. The fallowing documents were presented for Board approval this date: I. Map The Final Map of Subdivision 8143 (Subdivision 7686, Parcel F),property located in the Byron area, said map having been certified by the proper officials; III. Subdivision Agreement A subdivision agreement with Talisman Realty Group,Inc., subdivider,whereby said subdivider 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: A. Cash Bond Deposit amount: $7,400.00 Auditor's Deposit Permit No. and Date: DP 342681 (December 22, 1999) Deposit made by: Talisman Realty Group, Inc. Federal Tax Identification Number: 68-0419482 State Tax Identification Number: 2118258 B. Surety Bond Bond Company: The American Insurance Company Bond Number and Date: 11119463526 (February 15, 2000) Performance Amount: $734,700.00 Labor&Materials Amount: $371,050.00 Principal: Talisman Realty Group, Inc. RESOLUTION 2000/94 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8143 (Subdivision 7686, Parcel F), Byron area. DATE: March 7, 2000 PAGE 2 IIT. Tax Letter Letter from the County Tax. Collector was previously presented to this Board with the final map of Subdivision 7686, stating that there are no unpaid County taxes heretofore levied on the properties included on the maps of Subdivision 7686 and Subdivision 8143 and that the 1999-2000 tax lien for both subdivisions has been paid in full and the 2000-2001 tax lien, which became a lien on the first day of January 2000,is estimated to be$37,600.00,with security,previously presented to this Board with the final map of Subdivision 7686, guaranteeing payment of said tax lien, for both properties, as follows: Tax Surety Bond Company: The American Insurance Company Bond Number and Date: 111197463500 (Febmary 15, 2000) Amount: $37,600.00 Principal: Talisman Realty Group, Inc. NOW THEREFORE BE IT RESOLVED 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; BE IT FURTHER RESOLVED 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. All deposit permits are on file with the Public Works Department. BE IT FURTHER RESOLVED that said subdivision agreement is also APPROVED. I hereby certify that this is a true and correct copy of an RL:JD:mw action taken and entered on the minutes of the Board of G:\GrpData\EngSvc\BOt2000\BO 7686&8143.doc Supervisors on the date shown. Originators Public Works(ES) Contact: Rich Lierly(313-2348) cc: Public Works«R.Bruno,Construction MARCH 7, 2000 Current Planning,Community Development ATTESTED: T-December Group,,2000 Realtyy Grog,Inc.. PHIL BATCHELOR, of the Board of Supervisors Dba Hoffman Land Development and Count Administrator P.O.Box 758,Concord,CA 94522 }� The American Insurance Company One Market Plaza,Spear Street Tower San Francisco,CA 94111 By Deputy SUBDMSION AGREEMENT (Government Cade 566462 and 566463) Subdivision: 8143 (DBW UNIT #2 Subdivider: TALISMAN REALTY GROUP INC. Effective Date: � 0 Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CON' A COSIA COUNTY SUBDIVIDER J.Michael Walford,Public Works Director TALISMAN REALTY GROUP INC. s Y By: ED (l�rinc0amesnaeJ A.T. SHAW, P IDENT R V By: ` (sisn,wre) En ' eering Services Division (flint nwne At title) FORM APPROVED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged. If Subdivider is incorporated, signatures roust conform with the designated representative groups pursuant to Corporations Code 3313.) I. PAR"CIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called" ou ",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 Perforimanct and Guarant e: s 7,400-00 cash,plus additional security,in the amount of S 734,700.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the fort of: Cash,certified check or cashiers check. R 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 P vrnent: Security in the amount of S 371 050.00 which is fifty percent(50111o)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.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 594-4.406 and S94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARJAM QF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESIa .IS MH ENS'WOE. 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(1)year from and after the Board of Supervisors accepts the work as complete. 6. IM—PROVEMENT PLAN WARS A,NTY. 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 indemni�tie 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. CO,S: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby. 10. SUMY5. 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. INC�f ORATT N/A NEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,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 third parry beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. The provisions of paragraph 8(Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. 1,ECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. ar:. :rw GAGrpD"\Fm&svc\F0M\Ao WORMAG-3ON2.dw Rev. DoeastbaM IM 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. Omy ELIZABETH A. STAGNE0WITNESS my hand and official seal comm. 166827NOTARY PUBLIC-CALIFORNIACONTRA COSTA COUNTYp comm,EWr®e Jan.23,2002 P SignatureY4,21�el (Seal) Name of Document: Tract 8143 — Subdivision Agreement Date: February 15, 2000 Number of Pages: 2 COUNTY OF.CON1RA COSTA r DEPOSIT PERMIT / OFFICE OF COUNTY ALVTOR R To TmentEASURER: MARTWE,Z,CALIFORNIA . Page I of 2 RECEIVED FROM :? %Oontra Costa County Public. Works 4500 lel ORGANIZATION NUMBER 255 Glacier Dr. Martinez, CA 94553 (rw Cosh Coibction havb&m see Courcy-Adminishatpr's Ulifin 105.) DE5CRfPTioN FUNDfoRGL SAL ACCT. TASK TION ACTMTY AMOUNT Sub 8143 Flan Ck 000651 9660 REV 6L0072 $ 31189481 Sub 8143 Monument Ck f 6LO81D 21280K00 Sub 8143 Base Ma 004529 9931 . 16JO025 1,925100 Sub 8143 Street Light 007394 9895 19775J22 Sub 8143 Map Ck Cost Over 000651 9660 RE 6L0068 1,201;44 Pi eline Fran Fee 99 ,,¢ ,a,',�,n/ 000005 9120 39239'51 CR1590-CR1591 000651 9660 REV 6L08M 20J00 ri59�i0022 Base Ma Fee 004522 6J0025_ 25,00. Sub 8341 Prem Process 000651 6LOO72 912450 RA1079 Plan Ck Bal 41609J00 RA1079 Prem Process ' RA1079 Monument Ck 6LO81D 19800100. RA1079 Street Li ht 007394 9895 1,531135 Sub 7686 Plan Ck Bal 000651 9660 RE 6LOO72 41001,06 Sub 7686 Prem Process , 61958153 Sub 7686 Monument Ck 6LO81D 1,320 00 9 (PLANU1nON: TOTAL S Eng SWas. IQ057,35-IQ057-47 No Voids DEPOSIT 20.0 493. i 21 Deposit"nista cif thenfollowing itom Spe attached for Trust -Fund Jnf.QrMatjog COIN and CURRENCY ~� $ 200,493.21 BANK DDt POWS. s r I 1 Boit A"CtR-CONTROLLER USE My . C .�.. IJ11 217 1 f'ERIVUT pp ' $1 NUMBER '- iN ` ERV`iCUS, DATE ' 'L/ .. the onwurrt of moray dssutbed above is for Treastwws refit of above amecrnt is approved "Reoeipt of above is hereby deposit into tha Count'Tmnury. A Wel j22) 99 rm, Acit �fWA Ext; 3-2344 34ttivj7.931 Eng Svcs..Jeff Azile °{2 . ;. ,, „�I'7t,sr•.�'r` ~ COUNTY OF CONTRA COSTA DEPOMT PERMIT )FFICE OF COUNTY AUDITOR-CONTROLLER C•- ,x MARTINEZ,CAUFORNUA Page 2 off .2 O TttTREASURER: ECEIVED FROM contra Costa Count}- Public Works ORGANIZATION NUMBER 4500 Z55 Glacier Car. - is r t i n e z CA 9455 3 (Fb►Cash Collection Procedures we County AdminWm toe's Bulletin 105.) DESCRIPTION K04D/ORG ACACCT.CC TASK OPTION ACTIVITY AMOUNT juh 76 6 Rase hl a 404529 99REV 6JO025 $,31 1,725 00 4u,b A6 6 S reef Light 007394 9895 11073'"07 u,b 76' 6 an Ck Over 000651 9660 REV '6L0072 11,864 15 �1Ib 76 p, Ck C st Over 6.LU068 795511r95 ru nd 819800 0800 229100;.00 ru t f4np 831000 .0800 1111629.62 1 1 1 I 1 1 i 1 i i 1 i 1 ' 1 . I 1 XPLANATION: TOTAL $. Bee pg. L See attached for Trutt Fund' Information osit° 'stsofthe folkownrgitems COIN and CURRENCY $ CHECKS,MLO.-ETC. $ BANK DEF f SITS' FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERNU MIT ®P uA742681. DEC 2 '99 ASSIGNED. U a aunt of morw&wjbed ob"is for TreasurWs receipt of above amount is apltirorerl Receipt of above is hsrstry deposit intoCount�T the nsa:ury.. asknawkdged Daf1e=1. Acct. + erk 3-234.4 idle ** lbu — EX?.: :. County Tmax xwr - 3AW(7 93) . s ,•�'c22 Trust Fund 831000-0800 Total$111,629.62 G#1005736$1,894.23 Sub 7475 Map Check Fee,$3,361.02 Sub 7475 Improvement Plan Review,$4,171.76 Sub 7475 Inspection Fee. Denova.Homes Inc.,1849 Clayton Road,Concord,CA 94520-2513 G#1005738$1,600.00 MS980007 Minor Subdivison Map Check Fee,Danville Blvd.,Engr.Job#94134, DeBolt Civil Engr.,Received from:Dolores Volt,2695 Danville Blvd.,Alamo,CA 94507 G#1005739$500.00 RS2449 Record of Survey Map Check Fee Deposit,St.Mary's Road APN 236-090- 009, Gary A.Worsham,590 Lennon Ln.,Walnut Creek,CA 94598 G#1005740$500.00 RS2448 Record of Survey Map Check Fee Deposit,El Pintado,Danville,APN 197- 150-007,Kwang Kim,2200-1 Alamo Plaza,Alamo,CA 91507 G#1005741$500.00 RS2447,Record of Survey Map Check Deposit,El Toyonal,Orinda,APN 264-190- 008,022,013,012,Kobra Seggler,94 El Toyonal,Orinda,CA 94563-2228 G#1005742$500.00 RS2450 Record of Survey Map Check Fee Deposit,Engr.Job#98092,Bellecci and Assoc.Wright Ave.,Richmond. Received from:Levin Richmond Terminal,402 Wright Ave.,Richmond, CA 94804-3532 G#1005744$32,539.72 Sub 8143 Inspection Deposit,Tax ID 68-0419482,Talisman Realty Group,Inc.,PO Box 758,Concord, CA 94522 G#1005745 $25,993.39 Sub 7686 Inspection Deposit,Tax ID 68-0419482,Talisman Realty Group,Inc.,PO Box 758,Concord,CA 94522 G#1005746$38,244.50 RA107.9,Inspection Deposit,Tax ID 68-0419482,Talisman Realty Group,Inc.,PO Box 758,Concord,CA 94522 G#1005747$1,825.00 Sub 8341,Plan Review Deposit,Talisman Realty Group,Inc.,PO Box 758,Concord, CA 94522(Tax ID not written on receipt) Trust Fund 819800-0800 Total$22,100.00 G#1005744$7,400.00 Cash Bond Sub 8143,Tax ID 68-0419482,Talisman Realty Group,Inc.,PO Box 758, Concord,CA 94522 G#1005745$5,800.00 Cash Bond Sub 7686,Tax ID 68-0419482,Talisman Realty Group,Inc.,PO Box 758,Concord,CA 94522 G#1005746$8,900.00 Cash Bond RA1079,flax ID 68-0419482,Talisman Realty Group,Inc.,PO Box 758, Concord,CA 94522. Subdivision: 8143 (DWUNIT 4#2) Bond No.: 11119463526 Premium: IWROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 -66499.10) 1. ME ITAL Off' SUBDM.S ON AGREEMENT: The Principal has executed an agreement with the County to install and pay for street,drainage, and other improvements in Subdivision 8143 (DBW UNIT #2) _ . as specified in the Subdivision Agreement, and to complete said work within the time specified for completion in the Subdivision Agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. TALISMAN REALTY GROUP, INC. DBA: HOFMANN LAND DEVELOPMENT 2. OBLIGATION: as Principal,and THE AMERICAN INSURANCE COMPANY - _ ,a corporation organized existing under the laws of the State of Nebraska and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: HUNDRED & 00/100 A. Performance and Guarantee-! SEVEN HUNDRED THIRTY-FOUR THOUSAND SEVEN ($ $734,700.00 ) for itself or any city assignee under the above County Subdivision Agreement,plus B. Payment: THREE HUNDRED SEVENTY ONE THOUSAND F'IF'TY Dollars ($ $371.050.00 - ) 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, 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. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included casts and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee)in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. 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 BERNICE ELIZABETH ONEA COMM. 1189793, NOTARY PUBLIC-CAI IFORNA CONTRA COSTA COUNTY ... My Comm.Expires June 11,2002 rrrrrrrrrrrrrrrrrrrrrrrr a rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr� OPTIONAL ■■rrrrrrrrrrrrrr�rrrrrrrrrrrrrrrrarrrrrrrrrrrrrrrrrrrrrrrrrr■■■■rrrrrrrr 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 VIREMAN'S FUND INSURANCE COMPA'"Y � ,NAf1ONAL SURETY CORPORA:a..jN ASSO%-.ATED INDEMNITY CORPORATION l,0 'f`'EIE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS-Thai FIREMAN'S FUND INSURANCE COMPANY,a California corporation,NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation rodomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, it California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the Companies")does each hereby appoint JAMES C. JENKINS, KATHLEEN BRYANT, CONCORD CA their true and lawful Attorney(s)-in-Fad,with full power of authority hereby conferred in their name,place and stead,to execute,seal,acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof _N-----.........._.......------MN__-----..,...—...i.-- 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-Fad may do in the premises. This power of attomey 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, 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 Vice-President, and their corporate.sols to be hereunto affixed this 25th day of mb , caro, !µ><w's< U 0�1 FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION THE AMERICAN INSURANCE COMPANY SEPTAWn ASSOCIATED INDEMNITY CORPORATION � AMERICAN ALT OMOBILE INSURANCE COMPANY co By STATE OF CALIFORNIA Y COUNTY OF MARIN Oa this 25&b day of September before me personally came M.A. Mallonee to me known who,being by me duly swom,did depose and say: at nt of e�pany,described in and which executed the ve instrtiment;that he knows the scats of We said . Compania;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 set my hand and affixed my official seal.d ie day and year herein fins above written. L OC:AMPO Commluion#11463726 Not Pubk formal a /� MoM lY W Cortlm. NorrX 2001 erase h"k CFd2Tl�iCATE SCATS OF CALIFORNIA O7UNTY OF MARIN I,the undersigned,Resident Assistant Secretary of each company,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force said has sat been revolted;and furthermore that Article VII of the Bylaws of each company;and the Resolution of the Board of Directors;sou forth in the Power of Attorney, are sow In fame. Signed and seated at the County of Matin Dated the 15th 4&yof February 2000 !�.• err.•fie+ ♦� .ra� C t'f -r • S i • • t et iYLaelaO i rr ;� � 4 'fr a />>6 A L. `Y � t� rrrurrN`d ��f:a£�` y'�'rNGE �` '�' ttM{ddlAM�i�il SeeMuY aaalreg-u.� 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. ELIZABETH A. S WITNESS my hand and official seal :'` COMM. 1166827 ? NOTARY PUBLIC•CALIFORNIA r CONTRA COSTA COUNTY -• ,; My Comm.Expires Jan.29,2002 Signature n i. e • (Seal) Name of Document: Tract 8143 -- Subdivision Bond Date: February 15, 2000 Number of Pages: 2 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,: 2000/95 SUBJECT: Acceptance of Instrument. IT IS BY THE BOARD RESOLVED that the following instrument is hereby ACCEPTED: INSTRUMENT REFERENCE GRANTOR AREA Drainage Release Subdivision 7686 Talisman Realty Byron Group, Inc. 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. HB:mmw G:\GrpData\EngSvc\BO\20001BO 7686&8143.doe ATTESTED: MARCH 7, 2000 lic orks Originator: Contact:Rich Liely(313 23 8) PHIL BATCHELOR, Clerk of the Board of Supervisors cc: Recorder(via Title Co.)then PW Records and County Administrator Current Planning,Community Development By Deputy RESOLUTION NO. 2000/95 s RECORDING REQUESTED BY Contra Costa County AND WHEN RECORDED MAIL TO Contra Costa County Public Works Department 255 Glacier Dr. Martinez, CA 94553 SPACE ABOVE THIS LINE FOR RECORDER'S USE Drainage Release TO THIS COVENANT made this day of February 2000, by Talisman Realty Group, a California corporation, herein called "Owner" to the County of Contra Costa, herein called "County". WITNESSETH: WHEREAS, Owner proposes the development of parcels of land described in "Exhibit A", attached hereto, for which parcels a Tentative Map under Subdivision 7686 has been conditionally approved by the County Planning Commission and which parcel lies northerly of another property of Owner; and WHEREAS, Owner's other property is situate in Contra Costa County, California and is specifically described in "Exhibit B" attached hereto and made a part hereof; and WHEREAS, the contemplated improvement of said development as shown on said Tentative Map is such that the westerly frontage slopes downward toward the said other land of Owner in such a manner that drainage water flowing along the slope will, with other drainage water from lands west of and upstream of Bixler Road, spill upon said other land of Owner; THEREFORE, Owner, in order to comply with the conditions of approval for Subdivision 7686, under permit DP913025, does hereby promise as follows: 1. In the event that the Final Map is filed on said Subdivision 7686 and j or subsequent units within the area encompassed by said Tentative Map, as described in "Exhibit A", attached hereto and the westerly frontage of said development is constructed substantially as indicated above, then the drainage waters flowing from said westerly frontage of said development may flow, with other drainage waters from lands west of and upstream of Bixler Road, without restriction and spill upon said land of Owner. 2. Owner does hereby release and forever discharge County from any liability for damages County may now or hereafter have by reason of any future discharge of said waters upon the lands of Owner as described in "Exhibit B" attached hereto or the construction and maintenance of said drainage improvements. If by the acceptance of said drainage waters upon Owner's land, as provided herein, Owner or Owner's land (as described in "Exhibit B") suffer any damage now or in the future, Owner will have and make no claim therefore against County concerning said damages and the operation of the drainage improvements. 3. The rights given to County, under Paragraph No. 1 of this agreement, shall automatically, and without the necessity of any further agreement or release, terminate and be of no further force or effect if and when (1) the proper public authority authorizes the construction of an acceptable drainage facility upon the land of Owner connecting with the said development as shown on said Tentative Map and (2) said drainage facility so authorized shall have been actually constructed. THIS COVENANT shall be binding upon the heirs, successors and assigns of Owner and any public successor to County. TALISMAN REALTY GROUP by A.T. Shaw, President Page 2 of 2 em' CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT K f State of California County of (, O � W` ' ss. P On ° '': - (�Q , before me, 1CTr t A Date Name and Title of Officer(e.g.,"Jane DosiJbiary Public") personally appeared T" Name(s)of Signer(s) personally known to me proved to me on the basis of satisfactory evidence I to be the person(s) whose name(s) is/are 'r ELIZABETH A, STAGNER subscribed to the within instrument and a ` COMM. 1166827 acknowledged to me that he/she/they executed NOTARY PUB;10-CALIFORNIA the same in his/her/their authorized CONTRA C6$T'A COUNTY M, CLIMM.Expires Jo;,.23,2002 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 is y 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 Doc ent Title or Type of Document: '' �� iS-CXR Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: Individual � Top of thumb here Corporate Officer—Title(s): +G Ll Partner—❑ Limited ®General El Attorney in Fact El Trustee 11 Guardian or Conservator El Other: Signer Is Representing: m 1997 National Notary Ass Wation-9350 pe Soto Ave.,P.O.Box 2402 Chatsworth,CA 91313-2402 Prod.No.5907 Reorder:Call Toll-f=ree 1.800.876-6827 Subdivision 7686 Drainage Release APN's 011-220-0123 through 027 EXHIBIT "A" All of that land described in the deed from Mary Pacheco to Hofmann Construction Co., recorded and on file at the County Recorder's Office as follows: Date: January 12, 1988 Book: 14119 Page: 325 Subdivision 7686 Drainage Release APN 011-220-015 EXHIBIT "B" All of that land described in the deed from Louis H. Roberts and Elizabeth M. Roberts to Hofmann Construction Co., recorded and on file at the County Recorder's Office as follows: Date: December 2 1988 Series: 88-223805 S 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, CANCIAMILI.A AND GERDER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO.: 2000/96 SUBJECT: Approval of Road Improvement Agreement for Road Acceptance number RA1079, Newport Drive(Subdivision 7686) Byron area. The following document was presented for Board approval this date for,property located in the area. A Road Improvement Agreement with Talisman Realty Croup, Inc.,developer,whereby said developer agrees to complete all improvements as required in said Road Improvement Agreement within one year from the date of said agreement. Improvements generally consist of new road, including curbs, sidewalks and stormdrains, from Newport Lane to Bixler Road. Said document was accompanied by the following: Security to guarantee the completion of road and drainage improvements as required by Title 9 of the County Ordinance Code, as follows: I. Cash Bond Deposit Amount: $8,900.00 Auditor's Deposit Permit No. and Date: DP 342681 (December 22, 1999) Deposit made by: Talisman Realty Group, Inc. Federal Tax Identification Number: 680419482 State Tax Identification Number: 2118258 II. Surety Bond Bond Company: The American Insurance Company Bond Number and Date: 11119463518 (February 15, 2000) Performance Amount: $879,100.00 Labor&Materials Amount: $444,000.00 Principal: Talisman Realty Group, Inc. RESOLUTION NO. : 2000/96 SUBJECT: Approval of Road Improvement Agreement for Road Acceptance number RA1079, Newport Drive(Subdivision 7686) Byron area. DATE: March 7, 2000 PAGE: 2 NOW THEREFORE BE IT RESOLVED that said Road Improvement Agreement 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: nARCH 7, 2000 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator RL:JD:mw L r G:\GrpData\EngSvc\BO\2000\BO 7686&8143.doc By , Deputy Originator: 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 KQAD IMPROVEMENT ACGRE 1vSENT Developer. TALISMAN REALTY GROUP INC. Effective Date: ��i9welw G G� Development: DISCOVERY BAY WEST (5ub4iyisic ! 7486) Completion Period: 1 year Road: NEWPORT DRIVE (RA-1079) THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONT-RA COSTA COUNTY DEVELOPER J. Michael Walford,Public Works Director t TALISMAN REALTY GROUP INC. (laiatnmte&title) A.T. SHAW, PRESIDENT RECOMMUMED VAL By: ' (aide) ngtneei ing Services Divi on (prittt name&title) FORM APPROVED: Victor J.Westrnan,County Counsel (NOTE: All signatures to be acknowledged. If Subdivider is incotpoated,signatures must conform with the designated representative groups pursuant to Corporsdons Code S313.) 1. PARTIES&DA IL.Effective on the above date,the County of Contra Costa,California,hereinafter called"County."and the above-mentioned Develoet r,mutually promise and agree as follows concerning this development: 2. jhjNjQVEMENTS. Developer 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 development as reviewed and on fie with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof 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. IMPRO MENT SiCURITY. Upon executing this Agreement,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County: ' ""`"'` A. For Performanct:and Guarantee:. s8-,900.00-- cash,plus additional security,in the amount of 879,100.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of. ash,certified check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer 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. FF r Plvment: Security in the amount of s 444,000.00------.which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of- Cash,certified check,or cashier's check ' X Acceptable corporate surety bond. \ Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code. 4. QUARANTEE AND WAR$AM Of Wt7RK. Developer 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 964.6, "Acceptance,"of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work. 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 ELIZABETH A. STAGNER 1` COMM. 1166$27 NOTARY PUBLIC•CALIFORNIA CONTRA COSTA COUNTY My Comm.Expires Jan.23,2002 Signature (Seal) a**,r*,a**w**rrww,a******,r*****«,a**�r,�,r*�e*�r*art*x**,a*****rt,aw�r,r,►**** Name of Document: Newport Drive— Road Improvement Agreement Date: February 15, 2000 Number of Pages: 2 F/V 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 m nn, Director --Albert T. Shaw, D' or Dennis M. Drew, Director COUNTY OF CONTRA COSTA - �'' 'DEP05ET PERMIT DfflaOF COUNTY AUDITOR-CONTROLLER TO THe CREASU"RER: MA1tTWEZ,CAUFC+RNUt Page 1 of 2 7-2- it ai ED FROM vontra Costa County Public Works 4500 ORGANIZATION NUMBER 255 Glacier Dr. A a r t i n e z CA 94553 (For Cosh Collection Procedures so County Administrator's er,aefin 105.) DESCRIPTION FUNDitDRG. ACCT.SUIL TASK OPTION ACTMTY AMOUNT Sub 8143 Plan Ck 000651 9560 REV 6L0072 $ 3tl89481 Sub 8143 Monument Ck 6LO81D 21280400 Sub 8143 Base Ma 004529 9931 16JO025 199254,00 Sub 8143 Street Light 007394 9895 1,775422 Sub 814.3 hlap Ck Cost Over 000651 9660 RE 6L.006$ 1,201,44 Pi aline Fran Fee 994,n, ,v 000005 9120 3,23951 CR1590•-CR1591 000651 9660 REV 16LO88D. 20 J00 iS980022 Base Ma Fee 004522 6JO025 251'00 Sub 8.341 Prem Process 000651 6L0072 912150 RA1079 Plan Ck Bal 41609{00 RA1079 Prem Process � 9,721',00 RA1779' Monument Ck 6L081D lt800100 i RA1079 Street Li ht 007394 9895 19531J35 Sub 7686 Flan Ck Bal 000651 9660 REV 6L0072 49001x06 Sub 7686 Prem Process6,99$153 Sub 7686 Monument Ck6L.O1D 11320100 :7Xt NATION: TOTAL Eng 1005235-IOQ5747 No Voids DEPOSIT 200 -493. ,' 21 Deposit consish 6f the following idem SAP Attar-had for Trust Fund, o n COIN 6M CURRENCY $ $ 200,493`21 SAWK DEPOSITS. . $ -" ! FOR AUDITOR-CONTROLLER USE OKY IEEO DEPOSIT . . .7 1099 PERMIT J NUMBER E:fi ' x r ii�r :�r�VrCE5 DATE i~U 'C;'-'K&-DEPT.. ASSIGNEE The amount of money dew9wd abowe is for Treasurer's receipt of above m oLN t s npprtwo 'Receipt trf aboNe is deposit into the County Treasurf. fareby _ .. id: Dai 2/,2 9 9 Tdie: Ae •t C e Ey 2344T. -34RCV(7-93) Eng . Svcs .Jeff :A�ile :{2) COUNTY OF CONTRA COSTA DEPOSIT PERMIT ffla OF COUNTY AUDITOR-CONTROLLER C5 THE TREASURER: MARTINEZ,CALIFORNIA P$$e o fIf 2 � ECErVED FROM :.antra Costa Count. Public Works C+RGANIYATIONNUMBER 4500 255 Glacier Dr. is r t i n e z CA 94553 (For Cash Collection Proardum we County Adrrw omtor's Bulletin 105.) SUIL DESCRIPTION RM/ORG. ACCT. TASK OPTION ACTIVITY AMOUNT "ub 7,6 f BaspNa 9931 REV 6J4025 1,7251,00 'ub 86 6 Street Light 007394 9895 11073x47 'ub 76 6 lane Ck Over 000651 9660 REV 6L0472 11986415 76 p Ck Cost Over �,, 6L4068 7,551;.95 4ub 1,u nd 819800 0800 221104,.00 Trpnd831000 4804 111,629'.62 1 1 - 1 I I I . 1 1 i 1 1 1 1 1 1 . 1 1 . 1 XPLANATICtIV: TOTAL L [» g€:POSIT P$ See attached for Trutt Fund Information Dept+#conistsofOwfoHoyAngitem COIN and CURRENCY $ 1001* CHECKS,Ma0.-ETC. : - $ BANK DEPOMS FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT. PERMIT D� DA* 2G81. DEC 2 / ASS*NED; Thi amount of mway desar6ed above is for Treason's w.*t of above amount is approved Receipt of:abort &hereby+ deposit into the Count)P Wosury Acct. erk 3�-2344 s ` IiNai: "" EXT42/ County Treasurer 3.i REY(7-43). Trust Fund 831000-0800 Total$111,629.62 G#1005736$1,894.23 Sub 7475 Map Check Fee,$3,361.02 Sub 7475 Improvement Plan Review,$4,171.76 Sub 7475 Inspection Fee. Denova Homes Inc.,1849 Clayton Road,Concord,CA 94520-2513 G#1005738$1,600.00 MS980007 Minor Subdivison Map Check Fee,Danville Blvd.,Engr.Job#94134, DeBolt Civil Engr.,Received from:Dolores Volz,2695 Danville Blvd.,Alamo,CA 94507 G#1005739$500.00 RS2449 Record of Survey Map Check Fee Deposit,St.Mary's Road APN 236-090- 009,Gary A.Worsham,590 Lennon Ln.,Walnut Creek,CA 94598 G#1005740$500.00 RS2448 Record of Survey Map Check Fee Deposit,El Pintado,Danville,APN 197- 150-007,Kwang Kim,220C-1 Alamo Plaza,Alamo,CA 91507 G#1005741$500.00 RS2447,Record of Survey Map Check Deposit,El Toyonal,Orinda,APN 264-190- 008,022,013,012,Kobra Seggler,94 El Toyonal,Orinda,CA 94563-2228 G#1005742$500.00 RS2450 Record of Survey Map Check Fee Deposit,Engr.Job#98092,Bellecci and Assoc.Wright Ave.,Richmond. Received from.Levin Richmond Terminal,402 Wright Ave.,Richmond, CA 94804-3532 G#1005744$32,539.72 Sub 8143 Inspection Deposit,Tax ID 68-0419482,Talisman Realty Group,Inc.,PO Box 758,Concord,CA 94522 G#1005745$25,993.39 Sub 7686 Inspection Deposit,Tax ID 68-0419482,Talisman Realty Group,Inc.,PO Box 758,Concord,CA 94522 G#1005746$38,244.50 RA107.9,Inspection Deposit,Tax ID 68-0419482,Talisman Realty Group,Inc.,PO Box 758,Concord,CA 94522 G#1005747$1,825.00 Sub 8341,Plan Review Deposit,Talisman Realty Group,Inc.,PO Box 758,Concord, CA 94522{Tax ID not written on receipt} Trust Fund 819800-0800 Total$22,100.00 G#1005744$7,400.00 Cash Bond Sub 8143,Tax ID 68-0419482,Talisman Realty Group,Inc.,PO Box 758, Concord,CA 94522 G#1005745 $5,800.00 Cash Bond Sub 7686,Tax ID 68-0419482,Talisman Realty Group,Inc.,PO Box 758,Concord,CA 94522 G#1005746$8,900.00 Cash Bond RA1079,Tax ID 68-0419482,Talisman Realty Group,Inc.,PO Box 758, Concord,CA 94522 i Bond: 11119463518 PREMIUM: $7,912.00 IMPROVEMENT SECURITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Principal has executed an agreement with the County to install and pay for street, drainage and other improvements on, or along NEWPORT DRIVE (RA1079) to complete said work within the time specified for completion in the Road Improvement Agreement, all in accordance with State and local laws and rulings. TALISMAN REALTY GROUP, INC. DBA: HOFMANN LAND DEVELOPMENT 2. OBLIGATION: as Principal,and THE AMERICAN INSURANCE COMPANY , a corporation organized existing under the laws of the State of Nebraska , and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance: EIGHT HUNDRED SEVENTY NINE THOUSAND ONE HUNDRED AND NO CENTS Dollars ($ 879,100.00 )for itself or any city assignee under the above County Road Improvement Agreement,plus B. Payment: POUR HUNDRED FORTY FOUR. THOUSAND AND NO CENTS Dollars ($ 444,000.00 1 to secure the claims to which reference is made in Title 15 §§ et seq. 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, 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. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County (or city assignee)in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On February 15, 2000 before me, Bernie 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 BERNICE ELIZABETH ONEA COMM. 1189793 = NOTARY PUBLIC•CAI IFORNIA CONTRA COSTA COUNTY My Comm.Expires Juno 11,2002 rrsrrrrarsrsrrrrssesrrrrrrsrrsrrssssrrrrsrrsrrrrrssssrrrrrrrssssrrrsrrrr� OPTIONAL ■■ssrrrrrrsrrrrrsssrrrssssrrrrssrrrrrsrsrrrrrrsrrrsrrrrssrrsrrrrrrsrrrrr� 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 VTREMAN'S FUND INSURANCE COMPANv NATIONAL SURETY CORPORATIt--d ASSOCL.a'ED INDEMNITY CORPORATION THr AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That FIREMAN'S FUND INSURANCE COMPANY,it 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 a Missouri corporation, (herein collectively called "the Companies')does each hereby appoint JAMES C. JENKINS, KATHLEEN BRYANT, CONCORD CA their true and lawful Atiorney(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 _—----------N--------------------------.--- 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 Atiormy(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,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 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 seal 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 day of September 1998 - FIREMAN'S FUND INSURANCE COMPANY N,AN'Y AxdER, a ��atra,rr r `tt `Gt o •"'+�c,4 NATIONAL SURETY CORPORATION `POR+F .• ®� t ,,'`� o S`+.' -• THEAMERICAN INSURANCE COMPANY g �' t • • a 18 a w c 8 ASSOCIATED INDEMNITY CORPORATION AMERICAN AUTOMOBILE INSURANCE COMPANY �, tiflyGa CU 4�'XCE�t:�+1� 'h'rpUrSYO By v .e,ata.nr STATE OF CALIFORNIA ss. COUNTY OF MtARIN On this day of before impersonally came M.A.Mallonee to orae known,who,being by me duly sworn, post:and say:�is a Vice-President of�pany,described in and which exec u e e ent;that he knows the seals of the said Companies;that the seats affixed to the said inatnument arc such company sols;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 set my hand and affixed my official sal,the day and year herein Furst above written. L OCAMPO Commission Pubft- a. M 6n County WCtxrtfn6KtMNclV28,2001 CERIMCATE Nowy mak STATE OF CALIFORNIA ss. COUNTY OF MARIN I,the undersigned,Resident Assistant S+axWry of cad y,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthermore that Article VII By-laws of each company,and the Resolution of the Board of Dir=Wts;act forth In the Power of Attorney, am now In fora. Signori and sealed at the county of Marin.Dated the 15th day of February 2000 I *4�U Nab R! L • • • a a aaK#iia *CA o y a y' ...... �+vea�� +weE"'cef� rrtaa,a. � it�itao.t,t�.rr s.aa.rr 7607"-11�" :. 49- 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 sealELIZABETH A. STAGNER19 COMM. 1166827 NOTARY PUBLIC•CALIFORNIA CONTRA COSTA COUNTY !� y tinComm.Expires Jen.23,2002 Signature + ----�� (Seal) *,e,r,t,rtr,trr*****re*Yr#rrrrrrrr**wtr, r,err+r+r�,�+nrrr*w,t,t,rrrr,rw, r,awrr****,r**, **,r Name of Document: Newport Drive — Road Improvement Bond Date: February 15, 2000 Number of Pages: 2 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,: 2000/97 SUBJECT: Approval of Road Improvement Agreement for Road Acceptance number RAI 080, Bixler Road(Subdivision 7686) Byron area. The following documents were presented for Board approval this date for property located in the Byron area. I. A Road Improvement Agreement with Talisman Realty Group, Inc., developer,whereby said developer agrees to complete all improvements as required in said Road Improvement Agreement within one year from the date of said agreement. Improvements generally consist of pavement widening, pavement overlay, curbs, sidewalks and stormdrains. Said document was accompanied by the following: Security to guarantee the completion of road and drainage improvements as required by Title 9 of the County Ordinance Code, as follows: A. Cash Bond Deposit Amount: $10,700.00 Auditor's Deposit Permit No. and Date: 344117 (January 24, 2000) Deposit made by: Talisman Realty Group, Inc. Federal Tax Identification Number: 68-0419482 State Tax Identification Number: 2118258 B. Surety Bond Bond Company: The American Insurance Company Bond Number and Date: 11119463567 (February 15, 2000) Performance Amount: $1,059,700.00 Labor& Materials Amount: $535,200.00 Principal: Talisman Realty Group, Inc. RESOLUTION NO. : 2000/97 SUBJECT: Approval of Road Improvement Agreement for Road Acceptance number RA1080, Bixler Road(Subdivision 7686)Byron area. DATE: March 7, 2000 PAGE 2 II. A Drainage Improvement Agreement with Talisman Realty Group, Inc., developer,whereby said developer agrees to complete all improvements as required in said Drainage Improvement Agreement within one year from the date of said agreement. Improvements generally consist of stormdrains. Said document was accompanied by the following: Security to guarantee the completion of drainage improvements as required by Title 9 of the County Ordinance Code, as follows: A. Cash Bond Deposit Amount: $1,800.00 Auditor's Deposit Permit No. and Date: DP 346308 (March 6, 2000) Deposit made by: Talisman Realty Group, Inc. Federal Tax Identification Number: 68-0419482 State Tax Identification Number: 2118258 B. Surety Bond Bond Company: The American Insurance Company Bond Number and Date: 11119463674 (March 7, 2000) Performance Amount: $178,400.00 Labor& Materials Amount: $90,100.00 Principal: Talisman Realty Group, Inc. NOW THEREFORE BE IT RESOLVED that said Road Improvement and Drainage Improvement Agreements are APPROVED. All deposit permits are on file with the Public Works Department. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: MARCH 7, 2000 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By , Deputy 6.ViJ1Yi 1 Vr%-$-"IRA LVb1A DEPOSIT PERMIT `1 is OF COUNTY AUDITOR-CONTROLLER O THE TREASURER. MARTINEZ,CALIFORNIA .ECEMfROM Jontra Costa County Public Works ORGANIZATION NUMBER 4500 t r :55 Glacier Dr. lartinezg CA 94553 (Far Cash Collection Pmco&m we County Adminisfrator's Bulletin 105.) DESCRIPTION PUND/0RG. /SUEL TASK OPTION ACTIVITY AMOUNT ;ale of Pl & Specs 004500 9931 RE 6AO196 $ : 17J00 4as Invoice 906577 , 004530 , 6A0026 lO f 50 sales Tax 100300 0637 2128 IA1090 Inspect Overs e • 000651 9660 RE 6LO85H 392141194 . ?i aline Fran Fee. 000005 9120 2,233140 tract 7003 Sub Agree Ext. 000651 9660 REV 6LO76B 250100 i Cni h:t ,Wtr 950364 ti 007498 9797 6000 WHO 'rem Process 000651 9660 REV 6LOO72 129704100 IA1080IStr Li t Fee 007394 9895 .1 531135 r tA1080 MonW*ot Fee , 000651 3660 RE 6L081_D .400}00 iA 108th Plan�Ck Fee 6LOO72 . 49268?00 Mood Control 905872 % 9105 6LO83 6LO83B 34595 trust Fund 831000 0800 57,5261p06 819800 10,700 L 00 1 TOTAL F 1 i :1(PLANATK)IV 06 89 Nm Voids DEPOSIT $ . 130,075 .42 Eng Sv(,s. 1006333-1006338 No Voids • its of the ng item 00 0 -1007020 'No Voids COIN and CURRENCY . y— -�l8o4l CHECKS,M.0.ETC S � h d for st Fund Information k BANK DEPOSITS .. $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT d� DATE ASSIGNED rh*amount of money described above is for. Trearuw's rec*t of above amount is approved. Receipt of above anow sm is hereby deposit into the County Troasury 0 4t k 3-2344 - rif��: . EXT. Deputy.County. Tinwsuiur 34 REV(7-43) Eng -SVCS Jeff Dobra.:Aai1e (2) e. /old Trust Fund 831000-0800 Total $57,526.06 G#1046689 $515668.00 RA1080 Inspection Deposit, Talisman Realty Group, Inc., PO box 758, Concord, CA 94522 G#1006338 $5,858.06 RA 1090 Inspection ° s v`') . (Xref Country Club at Gale Parcel), Shapell Industries of No. Calif., PO Box 361169, Milpitas, CA 95035 Trust Fund 819800-0800 $10,700.00 G#1006689 RA 1080 Performance Bond, Talisman Realty Group, Inc., PO Box 758, Concord, CA 94522 3 Bond: 11119463567 Premium: 9,537.00 IMPROVEMENT SEC`[JRITY BOND FOR ROAD IMPROVEMENT AGREEMENT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Principal has executed an agreement with the County to install and pay for street, drainage and other improvements on, or along B i x1 er Road to complete said work within the time specified for completion in the Road Improvement Agreement, all in accordance with State and local laws and rulings. 2. OBLIGATION: TALISMAN REALTY GROUP, INC. DBA: HOFMANN LAND DEVELOPMENT as Principal,and THE AMERICAN INSURANCE _COMPANY , a corporation organized existing under the laws of the State of Nebraska and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: A. Performance: ONE MILLION FIFTY NINE THOUSAND SEVEN HUNDRED AND NO/100------- Dollars ($ 1,059,700.00 for itself or any city assignee under the above County Road Improvement Agreement,plus B. Payment: FIVE HUNDRED THIRTY FIVE THOUSAND TWO HUNDRED AND NO/100------------ Dollars ($ 00.00 ) to secure the claims to which reference is made in Title 15 §§ et seq. 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, 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. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered. r CALIFORNIA ALL-PURPOSE ACKNO'W'LEDGMENT 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 9,kBERNICE ELIZABETH ONEAl� COMM, 1189793 � t NOT PUBLIC CALIFORNIA CONTRA COSTA COUNTY �+ ly Comm.Expires June 11,2002 rrrrrrrrrrrrrrrrrrrrr a rrrrrrrrrrrr a rrru rrrrrrrrrrrrrrrrrrrrrrrrrrrrrr� OPTIONAL rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr� 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 farm CAPACITY CLAIMED BY SIGNER: Attorney-in-Fact SIGNER IS REPRESENTING: THE AMERICAN INSURANCE COMPANY v'IREMAN'S FUND INSURANCE COMPA*'y 'ry" N•kTIONAL SURETY CORPORA'I..,N ASSOt.,.ATED INDEMNITY CORPORATION 17 THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY 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, a Missouri corporation, (herein collectively aped "the Companies`)does each hereby appoint JAMES C. JENKINS, KATHLEEN BRYANT, CONCORD CA their true and lawful Attorneys)-in-Fad,with full power of authority hereby conferred in their name,place and stead,to execute,seal,acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof------------------—-------_......."._—...__.-o".----.—_ 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 duty attrsted by the Companies'Secretary,hereby ratifying and confirming all that the said Attorneys)-in-Fad may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By-Iaws 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 alted and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been amended or repeated: "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 Certifiate relating.thereto,by facsimile,and say 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 Vice-President, and their corporate.seals to be hereunto affixed this 25th dity of,.Septiamber99$ - ILWAI,+ C t,� car~ x FIREMAN'S FUND INSURANCE COMPANY •hue,rr r * ey tiM�c+•�vf,;s o+° NATIONAL SURETY CORPORATION .•;•"• °� '' `ti o `; -• THE AMERICAN INSURANCE COMPANY !a C A L} ASSOCIATED INDEMNITY CORPORATION ae"Awra AMERICAN AUTOMOBILE INSURANCE COMPANY 6.�trK7� �' +• �,•� ��A'Ca rqFt �`+►+fyC€�ed'l�* _'V �y By Vic�'rostdenc STATE OF CALIFORNIA ss. Ctjur4'Y OF MARIN On this 25tb day of Se tembtsr .before me personally came M.A. MallOnee to me known,who,being by me dui ont, and say: a is a aaear- rent.of company,described in and which exoatte—d Ove tttstnimcnt; t he knows the seats of the said . Companies;that the seals affixed to the said iitsmtntent are aide 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, M Wn NESS WHEREOF;I have hereunto set my hared u4 affixed my official seal,the day and year heroin firms above written. OCAMPO Commission#1163725 Notmom Pubkcounty iPWC0nYME9*e$NoV28,200I rtiat CERTIFICATE H+rr w(c STATE OF CALIFORNIA I ss. COUNTY OF MARIN 4 the undersigned,Rexideat Assistant Sectetary of cub company,W HEREBY CEMFY than the foregoing and attached POWER OF ATTORNEY remains In full force wed has sot been revoked;and f tithermore that Article VII of the By-laws of each eampany,and the Resolution of the Board of Directors;sex forth in the Power of Attorney, ace sow is force. Si�asg, d rind suited at tm Couuuty of Marin.Daw the 15th day of February 2000 �laalr, 4 G �� .+++ Ci tat +rw .t, •i asrr<a+eeu N �'+.a.++`' 'tiCa t ��x40� 4, + 5 ReeideaiSrawry 3607E9-11-98 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 sealELIZABETH A. STAGNERo COMM. 1166827 . !► NOTARY PUBLIC-CA'IFORNIA ®0 s yr CONTRA COSTA COUNTY •� My Comm.Expires Jan.23,2002 Signature .� �- - > - d (Seal) Name of Document: Bixler Road Road Improvement Bond Date: February 15, 2000 Number of Pages: 2 e. 1 Ap' Development No: Road Acceptance 108U 11119463674 Bond: Premium: $1,606.00 IMPROVEMENT SECURITY BOND FOR DRAINAGE IMPROVEMENT AGREEMENT (faithful performance&maintenance,AM labor and materials) dba: Hofmann La d, Deve opment 1. OBLIGATION: nnc al i, as Principal, and THE AMERICAN INSURANCE COMPANY (Sures}, a corporation organized and existing under the laws of the State of eras a and organized and existing under the laws of the State of California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay it; A. Faithful Performance,2 & Maintenance: o r" r +�� ($ /7?, _ )for itself or any city-assignee der a below-cited Drainage Improvement Agreement,plus B. Labor& Materials: - ncl� S�r�Pjrrci ($ 17ono ) for the benefit of persons protected under Title 15 § et seq. of the California Civil Code. 2. RFC T OF : The cipal ntracted with the C unity to install and pay for drainage and other improvements in n as specified in the Drainage Improvements Agreement, and to complete said work within the time specified in the Drainage Improvement Agreement for completion, all in acc %cej with State and local laws and rulings thereunder in order to satisfy the conditions of approval for _ iYl�1 n n z6 3. CONDITION: If the principal faithfully performs all things required according to the terms and conditions of said contract and improvement plan and improvements agreed on by the principal and the County,then this obligation as to Section 1-(A) above shall become null and void, except that the guarantee of maintenance continues for the one-year period; and if he or she fully pays the contractors, subcontractors, and persons renting equipment or furnishing labor or materials to them for said work and improvement, and protects the premises from claims of such liens,then this obligation as to Section 1-(B)above shall become null and void; otherwise this obligation remains in full force and effect. No alteration of said contract or any plans or specifications of said work agreed to by the Principal and the county shall relieve any surety from liability on this bond; and consent is hereby given to make such alterations without further notice to or consent by Surety; and the Surety hereby waives the provision of California Civil Code § 2819, and holds itself bound without regard to and independently of any action against Principal whenever taken, and agrees that if County sues on this bond, Surety will pay reasonable attorney fees fixed by court to be taxed as costs and included in the judgement. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On March 7, 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 BERNICE ELIZABETH R comm. 1189753 t. NOTARY PUSUC•CALIFORNIA CONTRA COSTA COUNTY .. A4 I MY Comm.Expires June 11,2082 OPTIONAL •■!!!!!!!■r!!■■!■■■rlrrrrrrrrrr■!■rrr!!■•rrr■■rrrrrlrrrlr!!!!r!r!!!rrlrl� 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 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of Aov, , OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER On before me, A Though statute does not require the Notary to fill DATE NAME,TITLE OF OFFICER EG,` DOR,NOTARY PUBLIC" in the data below,doing so may prove invaluable personally appeared t`11 V � 4 . iU--- L44rW i- to persons relying on the document. NAMEER S)OF SIGNS) ❑ INDIVIDUAL ❑ personally known to me-OR-❑ provided to me on the basis of satisfactory evidence to )` CO ORATE QFFJQE> be the person(s)whose name(s)is/are 4 TrrrLE(S)� subscribed to the within instrument and w ELIZABETH A, STAGNER1acknowledged to me that he/she/they executed ❑ PARTNER(S) ❑ LIMITED pa �� COMM, 1166$27 the same in his/her/their authorized ❑ GENERAL t4 I, NOTARY PUBLIC CALIFtlRNIA capacity(ies),and that by his./her/their ® ATTORNEY-IN-FACT �7 - CONTRA COSTA COUNTY _. signature(s)entityuon the instrument the person(()) ❑ TRUSTEE(S) My Comm,Expires Jan.23,2002 f the entity upon behalf of which the person((} 11 GUARDLAN/CONSERVATOR acted,executed the instrument. ❑ OTHER: I ESm h nd d 'al o seal, AA SIGNER IS REPRESENTING:(NAM OF PERSON(S)OR ENTITY(MS)) SIGNATURE OF NOTAR ❑ acknowledged to me that such corporation executed the within instrument pursuant to its Board of Directors. OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TYVkQ. TO THE DOCUMENT AT RIGHT, Number of Pages Though the adjacent data is not required by law,it may prove valuable Date of Document Wn-c( u btJ to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form IPNSTItUCTIONS TO NMRY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FO 7 S -The name and interest of the signer should be typed or printed BEU&JU the signature. The name must be signed exactly as it is typed or printed. II. SIGNATURE5 FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signers interest in the property must be stated. III. S-Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bindthe partnership. IV. Documents should e signed by two officers,one from each of the following two groups: GROUP 1. �c) a)The Chair of the Board b The President AnyVice-President GROUP 2. a The Secretary lbAn Assistant Secretary c The Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the person si power of attorney,notarized;will sufficg the instrument to execute instruments of the type in question is required. A currently Valid e. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: '...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." iC:,w:dr FIREMAN'S FUND INSURANCE COMPANY '✓ NATIONAL SURE"T"Y CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:'flat FIREMAN'S FUND INSURANCE COMPANY,a California corporation,NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomeaticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California CO"km and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the Companies")dors each hereby appoint JAMES C. JENKINS, KATHLEEN BRYANT, CONCORD CA (heir 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,recognizances or other written obligations in the nature.thereof _M.—..,_.._..� and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed Willi the corporate seats of the Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attorneys)-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 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 at a meeting duly called and held,of by written consent,on the 14th day of March, 1993,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 mlatin;,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 thew presents to be signed by their Vice-President, and their corporate.seals to be hereunto affixed this 25th day of Septenherr i, 998 FIREMAN'S FUND INSURANCE COMPANY +•c""r ;sL +.a«ur,+y NATIONAL SURETY CORPORATION ,�.•'••�•,,•�,. '`�d �Cr-.+� THE AMERICAN INSURANCE COMPANY IS CA L) ASSOCIATED INDEMNITY CORPORATIONAMERICAN tas•rararu + .•` y` �� sJ `,."...r ' 'AMERICANAUTOMOBILEINSURANCE COMPANY mat 64aMCE CWt� '1tadQ' By STATE OF CALIFORNIA COUNTY OF MAKIN On this 2 5&11 day Of Seo �r ,before me personalty came M.A.MaUonee to me known,who,being by me duly sworn, and ser•.t t�a iced' nt of company,described IA and which executed e t he knows the seals at we said . Companies,;that the teals affixed to the aid instrument ata such company seals;that they were so affixed by order of the Board of Directors of said eompania and that he signed his name thereto by like order. IN WITNESS WHEREOF,I have hereunto as my hand acid affixed my official neal,.dw day and year herein first above wriaten. LL OCAMPO Commtulon II 1163726 Not PtJbtic ott7ia, Morth County MyC.olTMEXPh%Nov28.MD1 (tear ftwk CERTMCATE STATE OFCALIFORNIA z{s. COUNTY OF MAKIN L the undersigned,Resident Assistant Secretary of each company.DO HEREBY CERTIFY that the foregoing find attached POWER OF ATTORNEY remains In full fora aid has not bora revoked;and furthermore that Article V11 of the By-fawa of rich company,and the Resolution of the Board of Directors;set forth is the Power of Attorney, am low in force. signed and xtaleri at the County of Maria.Dated the 7th day of March , ZUOU , �-',�...+"tie:, ♦` .w d. t`j • IF r rj +"ay.r"i a'ca W'� ��C[ A tdgr6.+�► Ars(eo�ot Sae�ara+Y ung$ !3 DRAINAGE taROVEMENT AGREEMEIwiT St�bt ukltap: 1r t Effective Date: 4. cel Developer. Sl'�X./� �1Z)U ,,� Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CO aCOCA COLt?+1'1'ti' DEV)MER J.Michael Walford,Public Works Director aeoo- By: AEN2ED FOR (FrinhAlemeandTide) �tt�� i t �Lr✓�@��'�(' V By: ts > Engineering Services ivision trot r��jVdA'� Li FOEM_APPROU12: Victor J.Westman,County Counsel Q40rT$: All eitnatunu p be ecknowtedtoat,ut)eveloper is hworpont4 oituetures moot cm tem with the daipabd rephe m adve troupe pummt to Corpomdow Code53r3.) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called" "and the above-named mutually promise and agree as follows concerning this acceptance: 2. IMPROVEh ffM.Developer agrees to install certain off-tract drainage improvements 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). Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a good workmanlike mariner,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. It4iPROVEMM SECURrrY Upon executing this Agreement the Developer shall provide as security to the County: A. For Performance amantet: S 11= cash,plus additional security,in the amount of s 1 78M together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the fort of Cash,certified check,or cashiers check. Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Developer 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 ofS ��,,f�� .which is fifty percent(50-1.)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashices check - - Acceptable corporate surety bond Acceptable irrevocable letter of credit. With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer, the amount of the securities may be reduced in accordance with 594-4.406 and 5944.406 of the Ordinance Code. 1-0.Ar /t,, CALIFORNIA ALL-PURPOSE ACICliOWLEDGEM[ENT State of (_ +tOPTIONAL SECTION Counryof COMMl�O Cf1 CAPACITY CLAIMED BY SIGNER On -3-2-100 .before me, 1 Though statute does not require the Notary to rill DATE At i NAME,TITLE OF OFFICER E.G.,-7 DOE,NOTARY PUSUC- In the data below,doing so may prove invaluable personally appeared _ t V t 1�°�•-aJ -j tA ,E.I! . n+' to persons relying on the document. NAME(S)of SIGNER(S) INDIVIDUAL ❑ personally known to me-OR-7 provided to me on the basis of satisfactory evidence to � C O I S) be the person(s)whose name(s)is/are TTLr>(s) subscribed to the within instrument and ELIZABETH A. STRGNER acknowledged to me that he/she/they executed ❑ PARTNER(S) ❑ LIMITED the asrrle in his/her/their authorized ❑ GENERAL COMM. 1166827 capaciry(ies),and that by his/her/their ❑ ATTORNEY-IN-FACT NOTARY PUBLIC-CALIFORNIA signature(s)on the instrument the person(s)or TRUSTEE(S) GG77 r CONTRA COSTA COUNTY the entity upon behalf of which the parson(s) ❑ GUARDIAN/CONSERVATOR My Comm.Expires Jan.23,2002 acted,executed the instrument. ❑ OTHER: "ewithin ancjg�nd a�ialal_ SIGNER IS REPRESENTING:yJ`/ //� } (NAMEofPERSON(s)OR ENTrrY(MS)) N L7 acknowledged to me that such corporation exeument pursuant toits Board of Directors. OPTIONAL SECTION A THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document/�• Al TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NQ1ARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR_ALL SIGNATURES -The name and interest of the signer should be typed or printed BENFA the signature. The name n must a sigexactly as it is typed or printed. II. -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. M. SIGN4n=S FOR E4= HMS-Signing party must be either a general partner or be authorized in writing to have the authority to sign for and binde partnership. IV. Documents should a signed by two officers,one from each of the following two groups: GROUP 1. Nahair of the Board (b The President c Any Vice-President GROUP 2. a The Secretary NAn Assistant Secretary CNThe Chief Financial Officer The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the person sI.gr g the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within Instrument pursuant to its by-laws or a resolution of its Board of Directors." 7C:mr:df R,n.Jimmy 13.2= ROAD IMPROVEMENT AGREEMENT 4- Road �2r DeveloperltYh � Effective Date: 4ajp-�L Development: Completion Period: THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY DEVELOPER (Name and Title) J.Michael Walford Public Works Director nee rAces Division FO_RM APPROVE.,: Victor J.Westman, County Counsel (NOTE: All signatures to be acknowledged. If Subdivider Is In- corporated, signatures must conform with the designated repre- sentative groups pumuant to Corporations Code$313.) 1. PARTIgA & Ett edvo on the above data,the County of Contra Costa, Caftmis, hereinafter called:`rountv."and the above-mormonod Develow mutually promise and agree as follows concerning this development 2.for this s �j . Dewioper agrees to install o�rdn road Imp�rr orfs(both pubic and private),drainage Im enc,signs, +9,and such otter improvements(Inaiudng a�wrtanant equipment)as required In the n ent piano reviewed and on tie with the Contra Caste County Pubic Works Department and In conformance with ihrmina Costa County Ordnance Code(Including future amendment thereto). Dewioper shall complete said work and Irnprrrvrtmaft(herslnaltor called"worts")within the above completion period from elate hereof in a Norkmanilks manner,in accordance with a construction and In a manner equal or superior to the requirement of the County Ordnance Code and rulings made thereunder,and where there is a conflict between►the improvement pians and the County Ordinance Code,the stricter requirement shall govem. 3. . Upon swouling this Agreement,,the Developer shall,pursuant to the County Ordinance Code,provide as security to the County. AEpr eftrmm $i cash,plus add clonal security,In the amount of$J which together total one hundred percent(1 of the warnstaCcost of the work Such additional security Is presented in the form of. Cash,certtifed check or cashiers check. Acceptable corporate surety bond. Acceptable Irrevocable letter of credit. Vft this security,the Developer 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 unostidactory performance. B. totPl=eft Security In the amount of 35MZi7which is Afly percent(50Si)of the estimated asst of the work Such security is presented In the form or Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable Irrevocable letter of credit: With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Developer. C. Uponsoceptance of the work as complete by the Board of Supervisors and upon request of the Developer,the amount securities may be reduced In accordance with S9".408 and S94-4.408 of the Ordnance Code. ell/Jr _? CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California ) ) SS County of Contra Costa } On 1/20100, 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 , ---- 7� EL121 B'l'N A. STAGNER nL COMM. 1166627 ,` f► NOTARYPUBLiC-CALIFORNIA Signature {' ,/ ��' t CONTRA COSTA COUNTY M Comm.Expires Jan.23,2062 (Seal) Name of Document: Bixler Road — Road Improvement Agreement Date: February 15, 2000 Number of Pages: 2 l� 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.flofin nn, Director lbert T. Shaw, D or Dennis M. Drew, Director