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Home My WebLink AboutMINUTES - 03192002 - C16 Le THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 19,2002,by the following.vote: AYES: SUPERVISORS UILIEIA, GERBER, DESAULNIER GLOVER and GIOIA NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2002/145 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7725,being developed by GHC Investments,L.L.C., Alamo area(District 111). The fallowing documents were presented for Board approval this date; I. Map The final map of Subdivision 7725,property located in the Alamo area,Supervisorial District III, said map;having been certified by the proper officials H. Subdivision Agreement A subdivisionagreement with GHC Investments,L.L.C., principal, whereby said principal agrees to 'complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said,improvements as follows: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors originator:Public Works(ES) on the date shown. Contact: Joseph DiMaggo(313-2345) G:1GrpData\EngSvc\B(Y,200213-19-02tSUB 7725 BG-21.doc JD:Iad cc: Public Works-R.Bruno,Construction Current Planning,Community Development ATTESTED: T-1-19-03 JOHN SWEETEN, Clerk of the Boar of Su misors and GHC Investments,L.L.C. p Attn: Tim Quinn County Administrator 4340 Stevens Creek Blvd.,Ste.240 San Jose,CA93129 S Developers Surety and Indemnity Company Ann: Richard Svec P.O.Box 19726 By ,Deputy Irvine,CA 92623 RESOLUTION NO.2002/ 14'5 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 7725,being` developed by GHC Investments,L.L.C'., Alamo area(District III).' DATE: March 19, 2002 PAGE 2 A. Cash Band Performance amount: $2,000.00 Auditor's Deposit Permit No. DP 379878 Date: January 9, 2002 Submitted by: GHC Investments, L.L.C. Taxpayers identification number: 770536786 B Surety Bond Financial Institution: Developers Surety and Indemnity Company Bond Number: 8674745 Date: December 6, 2001 PerformanceAmount: $197,100.00 Labor&Materials Amount: $99,550.00 Principal: GHC Investments,L.L.C. III. Tax Letter Letter from the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2001-2002 tax lion has been paid in full and the 2002-2003 tax lien,which became a lien on the first day of January 2002, is estimated to be $67,100.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: Developers Surety and Indemnity Company Bond Number: 8674835 Date: January 4, 2002 Amount: $67,100.00 Principal: GHC Investments L.L.C. NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general'and specific plans. 2. That said final reap is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. COUNTY OF CONTRA COSTA j) "..� DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: w� MARTINEZ,CALIFORNIAZ RECEIVED FROM . ORGANIZATION NUMBER � � (Far Cash Collection Procedures see County Administrator's Bulletin 105.) 1 DESCRIPTION FUND/ORGL SU TASK OPTION ACTIVITY AMOUNT 1,0,o3vv UU37 $ F 4ANA I- S. Dvy'r>v `mi lv 01% 'a° +JDUG�51 9�4�0 loLO$� �v �Ut3 Pg g8 u E;r l y 545 19.25:5,45 3 10 dvy6,3 F 3s�s 5 i,so - C)D v n�li go45A5 P� UU59 993 ( J D137 y ►9 Loq4 L3 9 2 ' S M } d 4 5 1 , Ivo i h:5 15/4s 37 ;106 T� � P f I 1 1��705` 9�9� iF87 do i EXPLANATION: TOTAL $ i � tT : Oq t!Z ,C) t DEPOSIT 75 r �f t W 4 �{ & 1 3 0 5- 61 )�t 14 D L' Deposit consists of the following items t & `J '6CS I I I U f U� 1 N COIN and CURRENCY $ i V 1)) D (-I 109 j 4- C 7 �1)'11)0 1 CHECKS,M.O.,ETC. $ BANK DEPOSITS $ ,s FOR AUDITOR-CONTROLLER USE ONLY �f%l i� /'t!/ ,,✓C "e/�Vit"/d G� Zs(C G mxd5� DEPOSIT �c u,�,s.�r r3 y' .�•trr~ l s z_ PERMIT DP NUMBER DATE 379878- JAN �r� ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. I acknowledged i t Signed: Date / r E y 0 Signed: C11Signed: Title: {G EXT. Do6v County Deputy County Treasurer D•34REY.(7.93) M I- l.�.. ''' t e:5" se., Przr g a 7 /� z- COUNTY OF CONTRA COSTA P (1 " V , OIEPOS1T PERM OFFICE,OF C'UNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA REGENED FROM ORGANIZATION NUMBER.. D tit (For Gash Collection Procedures see County Adrninistrator's Bulletin 105.) DESCRIPTION FUND/ORG ACCT. TASK OPTION ACTIVITY AMOUNT RA Qo ?98, 155 v i, / + Ul) 9 .� 9 73 ;X30 I I I i i i 1 I 1 I i f i r I I 1 I ` I i I I I EXPLANATION: TOTAL $ DEPOSIT D ositosit cauists of the following items COIhTa RENCY $ CHECKS.M.O..ETC. $ BANK DEPOSITS FOR AUDITOR-CONTROLLER USE ONL DEPOSIT PERMIT DP NUMBER ^>y DATE I / e7 � �G ASSIGNED The amount of money described above is for Treasurer's receipt of_above amount is approved Receipt of above amount is hereby deposit into the County Treasury. i Signed: Date ? n. ��. y Signed: Signed: EXT. ' °� T i}opu Audi ty County Troasuror� C 34 REV.(743) j 0649-9665 l 831400: 61061385, $1,075.00, M598-4013, Map Check Fee Balance Due, Pereira Construction, 1505 Finley Rd, Pleasanton, CA 94588 0649-9665 / 831000: 61061386, $500.00, Record of Survey R/S 2643, Cunha F L P, 1885 West Cypress Rd, Oakley, CA 94561 0649-9665 / 831000: 01061390, $4,717.78, MS 7-99, Inspection Fee, Pickett Development Co Inc, 2703 Rid eview Lane, Walnut Greek, CA 94598 0649-9665 / 831000: G1061392, $500.00, Record of Survey, R/S 2644, Moran Engineering Inc, 1930 Shattuck Ave Suite A, Berkeley, CA 94704-1022 0649.9665 / 831000: G1061395, $500.00, Record of Survey, R/S 2645, Brian Kangas Foulk, 2737 North Main 5t Suite 204, Walnut Creek, CA 94596 0649-9665 / 831000. G1061398, SUB 7725, GHC Investments LLC, 4340 Stevens Creek Blvd Suite 240, San Jose, CA 95129 Improvement Plan Check $8,193.73 Map Check Fee $1,340.27 Inspection Fee $12,910.02 0648-9140 / 812100: G1061398, SUB 7725, GHC Investments LLC, 4340 Stevens Creek Blvd Suite 240, San Jose, CA 95129 San Ramon Ck Def $7,144.00 Miranda Ck bef $7,144.00 819800-0800: 61061398, $2,400.00, SUB 7725, GHC Investments LLC, 4340 Stevens Creek Blvd Suite 240, San Jose, CA 95129 819800-0800: G1061399, $1,800.00, DA0011, GHC Investments LLC, 4340 Stevens Creek Blvd Suite 240, San Jose, CA 95129 Subdivision: 7725 Bond No.: 8674745 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance,Guarantee and Payment) (California Government Code §§66499-66499.10) 1. RF QF SUBDIVISION AGREEMENTS The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in "Subdivision 7725 ,as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement, all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. OBLIGATION GHC INVESTMENTS, LLC as principal and DEVELOPERS SURETY AND INDEMNITY COMPANY a corporation organized and existing under the laws of the State of IOWA and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee: ONE N HUNDRED Dollars($ ;1,97, 100.00 - -- )for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: NINETY NINE THOUSAND FIVE HUNDRED FIFTY AND N01100 -- Dollars ($ 99,550.00 ---- )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. CQNDffION: A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal, or principal's heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any ,alteration thereof made as therein provided, on it or its part, to be kept and performed at the time and in the manner therein specified and in all respects according to`their'true intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city assignee)its officers, agents and employees,as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.B.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set-forth'and also, incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable costs,expenses and fees,including reasonable attorney's fees, incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their;assigns in any suit brought upon this bond. Should the work under conditions of this bond be fully performed,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee)shall relieve the surety from liability on this bond;and consent is hereby given to make such alteration without fin then notice to or consent by the surety;and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. SIGNED AND SEALEID on DECEMBER 6, 2001 PRINCIPAL: GH,CC INVESTMENTS, LLC SURETY: DEVELOPERS SURETY AND INDEMNITY COMPANY Address: 4340 Stevens Creek Blvd. , #240 Address: 3100 OAK ROAD, SUITE 260 City: San Jose ip: 95129 City: ip- 94596 By: �� By: Print Name: Ronald Mtzkai / Patrick Cc�sCanzo, Jr• Print Name: RICHARD s. �sMEC Title CFO J Executive Vice President Title: Attorney-in-Fact Mmw:lap GAGrpW alEn&SvcTomulBN WORMN-12.doc Rev.November 28,2000 i' �f POWER OFATTORNEY FOR ;5 DEVELOPERS SURETYAND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92523+(949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each severstly,but not jointly,hereby make,constitute and appoint: ***:Richard Svc, Anna Sweeten,Rick F. Prentice,William J. Prentice,Suman K. Toor, jointly or severally* i as the true and lawful Attorneys)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts y of suretyship'':giving and granting unto said Attorttey(s)-in-Fact full power and authority to do and to:perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts o f'said Attorneys)-iii-Fact,pursuant to these presents,are hereby ratified and confirmed: i; This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of !l DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: i. RESOLVED;,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the'attomey(ss)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED;:FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile,signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF:CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 81"day of November,2000: o'* AND!!!!"' tIPANY David H.Rhodes,Executive Vice Presidentilk w;yC7 PO G+ x. `raw= SEAL = OCT.S_o xy, 1987 1938 r ' a Walter A.Crowell, Secretary '� .. °it+� � �ttF°P�� STATE OF CALIFORNIA } r, )SS. COUNTY OF ORANGE ) On November 8,2000,before me,Diane J,K.awata,personally,appeared David H.Rhodes and Walter A.Crowell,personalty known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorizedr capacities,and that by their signatures on the Instrument the entity upon behalf of which the persons acted,executed the instrument; WITNESS my hand and official seat. 0004 AK/tttytM f COW.#I167tip _� fi Ir { ! Signature � th3 CERTIFICATE The undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, 'does hereby certify that the foregoing Posner ofAttorney rem"in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney;are in force as of the date of this Certificate. is I This Certificaite Is executed in the City of Irvine,California,the. 5TH day of DECEMBER 2001 i i+ By r. David O.Late,Chief Operating Officer ID-1380 0l t00) j CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Santa Clara On DECEMBER 6, 2001 before me, ,Anna .Sweefg. Nola y-Public , personally appeared'Richard S. Svee personally known to me-OR- ❑proved to me on the basis of"satisfactory evidence to be the person whose"name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person,or the entity upon behalf of which the person 'acted, executed the instrument. ANNA SWEETEN 11 COMM.#1318 34 n 11 NoTmy Pusuc-GAUFORNIA SANTA CLARA COUNTY WITH S my hand and lcial seal My Comm.EXOMS August 3Q,0664 SIGNATM OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons retying on the document and could prevent fraudulent reattachment of this form: CAPACITY CLAIMED BY SIGNER DESCRIPTION OFATTACHED DOCUMENT INDIVIDUAL []CORPORATE OFFICER TITLES) TITLE OR TYPE OF DOCUMENT ❑PARTNER(S) C] LIMITED ❑GENERAL ZATTORNEY-IN-FACT NUMBER OF PAGES ❑TRUSTEE(S) ❑GUARDIAN/CONSERVATOR ❑'OTHER• DATE OF DOCUMENT SIGNER(S)OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING NAME OF PERSON(S)OR ENTITY(TES) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5901 State of: California County of Alameda On 12-27-01 before me, jan ost n7c) DATE NAME,TITLE OF OFFICER E.G.,'JANE DOE,NOTARY PUBLIC'.. personally appeared Patrick'Lost4 , Jr s Ronald WAj , NAME(S)OF SIGNEA(S) El personally known to me - OR 4N proved'to me on the basis of satisfactory evidence to be the person(s) whose names) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), JAN COSTANZO or the entity upon behalf of which the COMM.#1288014 NOTARYPLIDUC-CALIFORNIA0 person(s) acted, executed the instrument. 0 0ALAMEDA COUNTY 0 COMM.EXP.JULY 17,=4 WITNESS my hand and official seal_ .. P SIGNATURE OF NOTARY OPTIONAL. Though the data below Is not required by law,it may prove valuable to parsons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE{8) PARTNER($) LIMITED ❑ GENERAL. ATTORNEY-IN-FACT NUMBER OF PAGES El TRUSTEE(S) Q GUARDIAN/CONSERVATOR EIOTT ER: s DATE OF DOCUMENT ! SIGNER IS REPRESENTING: NAME OF PERSON#S)OR'.ENTIIY(3ESI. SIGNERS)-OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Rommel Ave.,P.O.Box 7184-Car/gga Park.CA 81308.7184 Tax Collector's Office ¢ William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 R O.Box 631 Joseph L.Martinez Martinez,California 94563- b Assistant Tax Collector 6063 (923)646.4122 County Joslyn Mitchell (925)646-4135 FAx Tax Operations Supervisor i Date: 1/29/2042 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION ('R&T CODE 2608) THIS"LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS# City' T.R.A. 7725' ALAMO 66009 Parcel#r 192-=230-017.1 192-230.018-9 and have determined from the official tax records that there are no unpaid County taxes heretofore levied on the property included in the map. The 2401-2002 tax lien has been paid in full, Our estimate of the 2002-2003 tax Kien, which became alien on the first day of January, 2002 is $67,100.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 30 days from the date of this letter: Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. W �O CE Trus rer- ax Ct By. 01/02/02 WED 10:32 FAX IZ 004 Z.�'1C;IpAL TITLE COMPANY SURETY Greenbriar Homes Gommunities,Inc. First American Title DEVELOPERS SURETY & INDEMNITY 4340 Stevens Creek Blvd. #240 1355 Willow Way #100 3100 OAK ROAD. SUITE 260 San .lose, CA 95129 Concord, CA 94520 WALNUT CREEK, CA 94596 Attention: Tim Quinn Attention: Sharon Jones f(V PHONE: (408) .556-1855 PHONE (925)356-7025 PHONE.Cf300): 707-2185•. BOND AGAINST TAXES KNOW ALL MEN BY THESE PRESENTSa THAT GHC Investments, LLC a Delaware Limited Liability Com a I n'�rincipal and (Surety) DEVELOPERS SURETY AND INDEMNITY COMPANY a corporation or ganized and existing under the laws of the State of IOWA and authorized to transact suretybusiness in California as surety are held and firmly bound unto the County of Contra Costa S to of California, in the penal Burn of Sixty Seven Thousand, One Hundred ancf 00 -- Dollars ($ 67,100.00 )', to be paid to said County of Contra Costa, for the payment of which will and truly be made, we and each of us bind ourselves, our heirs, executors, administractors and successors, ,jointly and severally, firmly by these presents. Sealed with our Seals and dated this 4TH day of JANUARY , 2002 The conditions of the above obligation is such that WHEREAS, the above bounded principal is about to file a map entitled Tract 7725 and covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments col- lected as taxes, against the said tract of hand covered by said map, which taxes and special assessments` collected' as taxes, are not as yet due or payable. NOW, THEREFORE, if the said Principal shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said map, at the time of the filing of said map of said tract, then this obligation shall be void° and of no effect, otherwise it shall remain in full force and effect. (Approval Stamp) p, v1 GHC Pvestments, LLC, a Delaware Limited Liability Compny r r Principal REQ E'xD AND APPROVED DEVELOPERS SURETY .AND INDEMNITY COMPANY CONT TA UNTY 'TRE Y LLECTOR f Surety RICHARD S. SVEC, ATTORNEY-IN-FACT (Attach Acknowledgement POWER OFATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623+(949)263-3300 KNOW ALL MEN BY THESE PRESENTS;that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each severalty,but not jointly,hereby make,constitute and appoint: ***Richard Svec, Anna Sweeten,Rick F. Prentice,William J. Prentice, Suman K. Toor, jointly or severally*** as the true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attomey(s)•in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the'attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile'signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. 1 IN WITNESS'WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 81h day of November,2000. { i By: ,,.,,,,u,.a.,, David H.Rhodes,Executive Vice President r�C A..." OOptPANYpr -j tao��c `r �yO PO T I w SEA <x � �' >OcT.s `moo o 0.1 0 E O 1967 3J 0. 1936 O By:' b , Waiter A.Crowell, Secretary *gyp'. �s r STATE OF CALIFORNIA )SS, COUNTY OF ORANGE On November 8,2000,before me,Diane J.Kawata,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument. WITNESS my hand and official seal; DIME J KAWATA .. COMM.fl twwa Si ature 4 � a lYOTARYPUBUC-C11LIftlRltti C $n MtY fORAWINFaP NIYYG02' i CERTIFICATE The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power ofAttorney,are in force as of the date of this Certificate. t. This Certificate is executed in the City of Irvine,California,the 4TH day of JANUAU 2002 ii l By David G.Lane,Chief Operating Officer ID-1380(11!00) it CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California lrl County of Santa Clara On JANIT RY 4. 2002 _ he forem.-, Anna Sweeten,NotaryPublic, personally appeared Richard S. Svec Z personally known to me-OR'- ❑proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person,or the entity upon behalf of which the person acted, ANNA SWEETEN -71 executed the instrument. U1? ' COMM.#1316734 2 0_ NOTARY PUBLIC-CALIFORNIA U)U SANTA CiARA COUNTY $7 �,ril hand d O clal S£31 )i � My Comm.Expires August 30,2005 �' tONATURE Of NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form, CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT. INDIVIDUAL []CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑PARTNER(S)' Q LIMITED ❑GENERAL OATTORNEY-IN-FACT NUMBER.OF PAGES QTRUSTEE(S) ]GUARDIANICONSERVATOR []OTHER DATE OF DOCUMENT SIGNER(S)OTHER THAN NAMED ABOVE SIGNER IS REPRESENTING NAME OF PERSONS)OR ENTITY(IES) CALIFORNIA ALL-PURPOSE SE ACKNOWLEDGMENT State of California ;F ss. ;s County of On before me, . Vb\ f Data Nerve and Title of Officer(a.g„'J e'Do*,Notary PuW personally appeared <�c '�c�,,nZ iF Ne *s)of Signer(s) Kpersonally known to me ❑ proved to me on the basis of satisfactory 1 evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed .!O ANN THOMMON the same in his/her/their authorized Commission#1:11i52 capacity(ies), and that by his/her/their A Notary PUNIC:-£.0l(fornio � signature(s)on the instrument the person(s),or Scnto Clara County MY COMM �'�sh7v6,=. the entity upon behalf of which the person(s) acted, executed the instrument. .`! Wf SS'my hand and official seat. l { Place Notary Seel Above Slg—fWre of Notary Public /'y yam] A/ f u,; Though the informationbelow 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 Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: Capacltyties) Claimed by Signer Signer's Name: ❑ individual lap of thumb n®ra ❑ Corporate Officer-Title(s): ❑ Partner—0 Limited ❑General Cl Attorney in Fact ;i ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 0 1997 National Notary Association.9350 0e Soto Ave.,P.O.Box 2402-Chatsworth,CA 93318-2402 Prod No:5907 Reorder.Call Toll-Fres 1-800-878.8827 SUBDIVISION AGREEMENT (Government Code§66462 and",§66463) Subdivisions 7725 Principal: GOC Investments, LLC Effective Date: Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENTHERETO: CgNTRA COST COUNTY PRINCIPAL GHC Investments, LLC Maurice M.OJI Public Works Director A Delaware Limited Liability Company BY: Greeubria:r Homes Communities, 'Inc. A California Corporation., its e Manager 13y: LX6 (signature) (1`11*") Patrick Costae , 'Jr. REO MENDED R P VAL Executive Vice--President BY: (Signature) Engi eri ervices ivislon (Print narne&title) Ronald Mukai FORM APPROVED:'Victor J.Westman,County Counsel (NOTE: All sigt�iAkP9 bF, �A.Ck ci q orporated, signatures must conform with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Coup "and the above-mentioned Principal,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Principal agrees to install certain road'improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping and such other'improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works'Department and in conformance with the Contra Costa County''Ordinance Code (including future amendments thereto): Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof,as required by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ 2,000.00 cash,plus additional security,in the amount:$ 197.100.00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check: % Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Pi incipal 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 Pavrnent: Security in the amount:$ 99 1550.00 which is fifty percent(50%)of the estimated cost of tile 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,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securities may reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Principal guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to road improvements for private roads,which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete.' 6. IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish(lie work as promised in Section 2 and as required by the conditions of approval for the subdivision. If,at anytime before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes ' necessary to the plans to accomplish the work as promised. 7. NO WAIVER BY COUNTY. inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of County indicating the work or any part thereof complies with the requirements of this Agreement;or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are County and County's special district,elective and appointive boards, commissions,officers,agents and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below and including personal injury,death,property damage,inverse condemnation,or any combination of these and regardless of whether" or not such liability,claim or damage was unforeseeable at anytime before County reviewed said improvement plans or accepted the work as complete and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of ally Indemnity: 9. COSTS: Principal shall pay when due,all the costs of the.work,including inspections thereof and relocation of existing utilities required thereby. 10. SURVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS:If Principal fails to complete the%work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection;surveys,contract,overhead,etc.)immediately upon demand. Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work, Principal agrees to pay all costs incurred,by County, even if Principal subsequently completes the work. Should County sue to compel perforniance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the Nvork. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,County's rights under this agreement and/or any deposit;bond, or letter of credit securing said rights shall be transferred tothe new or annexing city. Such city shall have all the rights of a third partybeneficiary against Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8 (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. KL IDaad G.iGrpData\EngSv Tomr'AG WORDUAG-30.doc Ree. October 25,2001 CALIFORNIA ALL.-PURPOSE ACKNOWLEDGMENT No.5907 Stag of California County of Alarceda On 12-27-01 before me, IJan CQstanzo DATE NAME,TITLE OF OFFICER E.G.,-JANE DOE.NOTARY PUBLIC- personally appeared Patrick �stgmzo Jr J�ona7d Mi Ai NAME(S)OF SIGNER(S) ❑ personally known to me OR -Z provedto me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within Instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), JANCOSTA14ZO x or the entityup on behalf of which the U COMM.#12%W14 NOTARYF'5LIC.CA!_IrORNufl person(s) acted, executed the instrument. 0aALAMEDA COUNTY COMM.EXP.JULY 17,2004ok ^� Wl: � my hand and official seal. SIGNATURE OF NOTARY {OPTIONAL Though the data below is not required bylaw,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE($) ❑ PARTNER(S) ❑ LIMITED El GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER:- DATE OF DOCUMENT 1 SIGNER IS:REPRESENTING: NAME OF PERSON(%OR ENTITY(IES) I SIGNER(S)OTHER THAN NAMED ABOVE +051993 NATIONAL NOTARY ASSOCIATION-8236 Rammet Ave.,P.O.Box 7184-Canoga Park,CA 91309.7'184