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MINUTES - 03052002 - C1-C5
TO: BOARD OF SUPERVISORS FROM: MAURICE"M. SHIU, PUBLIC WORKS DIRECTOR [SATE: MARCH 5, 2002 SUBJECT: APPROVE project contingency fund Increase for the Withers Avenue Headwall Repair Project, Pleasant Hill Area, Project No. 0672-6U2519-01 Specific Requests)or Recommendation(s)&Background&Jastificaition I. Recommended Action: APPROVE project contingency fund increase of $5,000 in order to compensate the contractor, Norman B. Houge, Inc., for unforeseen increases in existing,contract items, and extra work. ll. Financial Impact The increase in the contingency fund will be funded by Local Road Funds. Ill Reasons for Recommendations and Background: An increase in the scope of work resulted in additional material for several existing contract items Additional aggregate base, imported borrow and asphalt concrete were needed in order to complete the project. Also additional monies were needed to resolve project potential claim, and extra work consisting of the removal and replacement of damaged corrugated metal culvert pipe and the reapplication of hydroseed to all locations required per the Department of Fish & Game permit. IV`. Conseguengs of Negative Action:' The lack of approval would preclude payment for work oerformed by the contractor in good faith. Continued on attachment: yes SIGNATURE: ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ,,-APPROVE OTHER SIGNATURE ACTION OF BOA D N:March 05, 2002 APPROVED As RECOMMENDED xx OTHER VOTE OF SUPERVISORS xx UNANIMOUS(ABSENT AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of an action taken and entered'on the''minutes of the Board of Contact: Mike Carlson,(925)313-2321 Supervisors on the date shown.' Orig.Div.: PW(Construction) cc: County Administrator ATTESTED: March 0 , 2002 Auditor-Controller JOHN SWEETEN, Clerk of the Board of Supervisors and Public works Count Administrator Accounting,R.Gilchrist y Construction, R.Bruno . Design RBitb Contractor' By Deputy G:tGRPDATAtCONS'RBO,2007t3•MARCHiCONTINGENCY FUND-WAHR-DOC TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: March 5 2002' SUBJECT: APPROVE the Kister Circle Reconstruction&Overlay project;and DETERMINE that the project is a California Environmental Quality Act Class2c Categorical Exemption; and AUTHORIZE the; Public Works;Director to advertise the project at his discretion, West County area. (District I) [CDD-CP t#02-07] Project No. 0652-6R4276 Specific Request(s) or Recommendation(s)& Background'&Justification 1. RECOMMENDED ACTION: APPROVE the'Kister Circle Reconstruction&Overlay project; and DETERMINE INE that the project is a California Environmental Quality Act (CEQA) Class 2c Categorical' Exemption; and AUTHORIZE the Public Works Director to advertise the project at his discretion; and DIRECT the Director of Community Development to file a Notice ofExernption with the County Clerk;and AUTHORIZE the Public Works Director to arrange for payment of a$25 fee to Community Development for processing,.and a$25 fee to the County Clerk for filing the Notice of Exemption. Continued on Attachment:. SIGNATURE: wzm I I -- -�0 I I�tl ; REECC MMENDATION OF COUNTY ADMINISTRATOR COMMENDATION'OF BOARD COMMITTEE '~APPROVE R SI+GNATU 2E S ACTION OF BOARD N March 0 5 , 2002 APPROVED AS RECOMMENDED xx OTHER VOTE OF SUPERVISORS: __XX UNANIMOUS(ABSENT ) AYES: NOES: ABSENT:, ABSTAIN: TT. I hereby certify that this is a true and correct copy of an G:\GrpData\EngSvc\ENVIRO\BO\2002\(03-19-02)CEQA-Kister Cir-R&O.doc action taken and entered on the minutes ofthe Board of OrigDiv: Public Works(Engineering Services Division) Supervisors on the date shown. Contact: C.Sellgren (925)313-2296' cc: Administrator-Atte: E.Kuevor Auditor-Controller ATTESTED: March 05 , 2002 Community Development -K;Pion JOHN SWEETEN,Cleric of the Board of Supervisors Public Works: Accounting and County Administrator Construction -R.Bruno Design -B.Fernandez -G.Huisingh Ely -F.Navarro -W.'Cooley Deputy Eng.Svc -T.Torres SUBJECT: APPROVE the Kister Circle Reconstruction&Overlay project;and DETERMINE that the project is a'California Environmental Quality Act Class2c Categorical Exemption; and AUTHORIZE the Public Works Director to advertise the project at his discretion, West County area. (District 1) [CDD-CP#02-071 Project No. 0662-6R4276 DATE: March 5, 2002 PAGE: 2 11. FINANCIAL IMPACT: The estimated project cost for the project is$183,000, funded by Measure C funds(100%). 11L R ASUNS F 3R RE+CSC}MWNDATIONBACKGR.DUND: Kister Circle is in need of pavement rehabilitation, which will extend pavement life with routine maintenance overlay and minor road reconstruction where applicable. The project has been determined to be in compliance with the General Plan and is exempt from CEQA. The proposed project consists of the reconstruction of an existing facility in the same location and with the same purpose and capacity as the facility replaced,including replacement or reconstruction of existing facilities involving negligible expansion of capacity. The projects will not result in the removal of any scenic resources. 1V'. CONSEQUENCES OF NEGATIVE ACTION ` Delay in approving the projects will result in a delay of design and construction and may jeopardize funding. PRONE O PUBLICATION to cover the GosJn 's 331 - (2€115.5:C.C.P.) der Otraeach Pl Prc�ective plddara herr- dare is recornrner+detl STATE CP CALIFORNIA C�tcu�t ac"�pd�atrarr eats, In- Courity of Contra Costa cludlr Pians and Is caticns, may be vfivewed l am a citizen of the United States and a resident of the arxVor obtained at the the County aforesaid, l ant over the age of eighteen years, and Public t h Bu �,23 e� : not a party to or Iterested in the above-entitled matter. ' crer Drive Martt naz - I- fornia 848344907,Wong Thursda (77 Am. I 1 am the Principal Legal Clerk of the West County Times, a tdcmrs araavt; newspaper of general circulation, printed and published at p.m.) cac+$ada°r'idsye>. To 2640 Shadelands Drive in the Cit of Walnut Creek,County obtain plane And specifica- ' Y tY Ilona a service charge Is re- of Contra Costa,94598. ulred In the arnount of 132(sates tax includ g. And which newspaper has been adjudged a news LANs. A��lta ORDER ! ft newspaper of ���A� ANe coneraI circulation byrite Superior Court of the County of TICNAL 28ptNc+ 3% ntra Costa,State of California,under the date of August HAV&stiA r � 29,1978. Case Number 188884. of Ira 7ho 066 sta' and !re The notice,of which the annexed is a printed'copy {set in tris aa- t e'not smaller than nonpareil),has been ubiishetl in each ran t'ie Public VOft YpP ment does rwtpu Ar- regular and entire issue of said newspaper and not in any the arrival of the supplement thereof on the foliowii)g dates,to-wit: lanaturdtttoaHatirtsonsat I =me . specifications will not be ADri!'9 sent ovs mail. This rJ tI$to be adver- ail In the year of 2002 rseit�rsb�c I certify (or declare) under penalty of perjury that the This contract is suisiact to state contract noodiscrimi foregoing is true and correct nation and compliance re- uiremante cexuarrt to Gov�gmment Coder Section Executed at Walnut Creek,California. 12080. Can th ay of A ril,' 02 The c�tractar shall pre cess a less A or Glees 12 License at the time the contract Is awarded. .... ........... . .. ..:!';!�"w Rids rr t cover the anttre Sign'tore -...`� project,and rt bids l Wcon es County Times The successful btdder snail P 0 ox 100 afurnish a rtorr�ce� d Pinole,CA 94564 The Board has rice*Aned (510)2,62-2740 the ai�eraa p a II re e work. e,prevall�aW of Proof of Publication of: r diem waC es n file wth the Cier4 of thef ,srd (attached is a copy of me legal advertisement that published) of su 114118ora. grid la lrr corpareto here4 nnfer- once thereto,the%me as If set forth;ln full harsh.For an c udod Iry die list,tno rniZ con�r� eunty un'tw AIR rate�hx Pubdo�Vo The Wd o�peni tlaia dray 25 iso ar tAre tee ended dendum Martinez Gallfomie Is4�bytttsPubiWcrks Igo 7 gre26,tryAt no later hich 'NOTIC€IK>RS Mehe ortE¢id ti Th Public WorM QI 8ing, and bidbi es or ,tisartinez 2: ,m„and)ard be re- Gail`prreit94tl63-+t T uritll p o tn.APRIL sold reserves qG� p.m,, at which ttma all ttto UC11raw oN arry bid tytutd i warty tr@- General work, tion: Porqu®�re ,, racTheco +makN*drasion. at con crate. F etnndt By order of the Board of W ma e � tm'ltVn SWCat6N't Isou crerk of a Boardftneerlof visors and'County Adm n s cos# estimate; "tar V2' b meetlns��_willIT 5, L7"stud: CONTRA PUBLIC WORKS C:EPm RTMENT COSTA INITIAL STUDY COUNTY OF ENVIRONMENTAL SIGNIFICANCE PROJECT#0562-6114276 CP#02-17 PROJECT NAME: Kister Circle Reconstruction and Overlay PREPARED BY: Trina Torres DATE: January 29,2002 APPROVED BY: DATE RECOMMENDATIONS: `} Cate=gorical Exemption { Class 2c Negative declaration { 'Environment Impact Report Required {} Conditional Negative Declaration The project will not have a significant effect on the environment. The recommendation Is based on the following: The proposed project consists of the reconstruction of an existing facility its the same location and with the same purpose and capacity as the facility replaced,Including replacement or reconstruction of existing facilities involving negligible expansion of capacity; What changes to the project would mitigate the Identified Impacts N/A USGS Quad Sheet 'Richmond Base Map Sheet# Hb Parcel# N/A GENERAL CONSIDERATIONS: 1 Location: West County area in the unincorporated community of EI Sobrante,on Kister Circle (Figures 13). 2. Project Description: Kister Circle is in need of rehabilitation,due to pavement cracking and base failure. The purpose of the project is to reconstruct,overlay,and Improve Kister Circle as indicated by the County Pavement Management System.' The 'proposed project consists of excavating and removing existing roadway,then replacing with asphalt concrete(approx.5,120 square feet); overlaying existing'roadway (approx. 18,306'square feet)with asphalt concrete; Installing drainage inlets that will tie into existing storm drains;installing ADA(Americans with Disabilities Act) compliant concrete curb, gutter, sidewalk, and curb ramps, and driveway conforms. Utilities will be adjusted to grade. One lane will be open at all times during construction. 'Trees and shrubbery may creed trimming throughout the project, in order to minimize damage to trees,any routs exposed during excavation will be cut cleanly. Real property transactions, including right of way,may be necessary in support of this project. 3. Goes it appear that,any feature of the project will generate significant public concern? [] yes M no []maybe (Nature of concern); 4. Will the project require approval or permits by other than a County agency? t Yes M no Agency Name(s) 5. Is the project within the Sphere of Influence of any city? 'Yes (Richmond); 1tt GAC-ApDataNFngSvcNENV1R02002 ProjecteACEQAkCat.Ex $ter Cir-sown s oveday.doc C_L.IFORNIA ENVIRONMENTAL QUALITY ACT 14otice of Exemption Contra Costa County Community DevelDprieint Department 651 Pine Strut,4th:Floor-North Wing,McBrien Administration Building Martinez,CA 94553-0095 Telephone: (925) 3132296 Contact Person:Cece Sellttren'_ Public Works Qept. Project Description, Common flame (if any) and Location: Kister Circle Reconstruction and Overlay Project, County 'File CP# 02.07. Project description; Mister Circle is in need of rehabilitation, clue to pavementcracking and base failure. ' The purpose of the project is to reconstruct, overlay, and improve Mister Circle as indicated by the County Pavement Management System. The proposed project consists of excavating and removing existing roadway,then replacing with asphalt concrete (approx. 6,120 'square feet); overlaying existing roadway (approx. 18,306 square feet)with asphalt concrete; installing drainage inlets that will tie into existing storm'drains; installing ALBA(Americans with Disabilities Act)compliant concrete curb,gutter, sidewalk,and curb ramps, and driveway conforms. Utilities will be adjusted to grade. One lame will be open at all times during construction. Trees'and shrubbery may need trimming throughout the project. In order to minimize damage to trees,'any roots exposed during excavation will be cut cleanly. Real.property transactions,including right of way,maybe necessary in support of this project. Project vacation: West County area in the unincorporated community of El Sobrante, on Mister Circle(Figures 1-3). This project is exempt from CEQ.A as a: Ministerial Project(Sec. 15268) Other Statutory Exemption,Section Declared E ergen (Sec. 15269(x)) __._ General Rule of Applicability(Section>15061(b)(3) _ Emergency Project Sec, 15269(b)or(c)) Categorical Exemption, Cbass.c for the following reason(s):The proposed project consists of the reconstruction of an existing facility in the same location and wiM the sante purpose and capacity as the facility replaced,including replacement or reconstruction of existing facilities involving negligible expansion of capacity:' Gate: By: Community Development Department Representative AFFIDAVIT of FILING AND VO NG 1 declare that on l received and posted this notice as required by California Public Resources Code Section 21152(c). Said notice:V011 remain posted for 30 days from the tiling date. Signature Title' Applicant: County Public Works Department 255 glacier drive, Martinez,CA' 94553 AM: Trina Torres County Clerk Fee$50 Due G:\CrpData\EngSvc\ENVIR0\2002 Projects\CEQA\N0EiKjster Cindoc C [FORT' IA ENVIRONMENTAL QUALITYACS 1 once of Exemption tetra. Costa County Community Development Department 651 Pine Strut,4th Floor-North'Wing,McBrien Administration Building Martinez, CA 94553-0095 Telephone: (925) 313-2296 Contact Person: Cece Sellgren'. Public Works Dept. Project Description, Common Name (if any) and Location: Kister Circle Reconstruction and Overlay Project, County :File CP# 02-07. Project Description: Kister Circle is in need of rehabilitation, due to pavement cracking and base failure. The purpose of the project is to reconstruct, overlay,and improve Kister Circle as indicated by the County Pavement Management System. The proposed project consists of excavating and removing existing roadway,then replacing with asphalt concrete (approx. 5,124 square feet), overlaying existing roadway (approx. 18,306 square feet) with asphalt concrete; installing drainage inlets that will tie into existing storm drains; installing ALT(Americans with Disabilities Act)compliant concrete curb, gutter, sidewalk,and curb ramps, and driveway conforms. Utilities will be adjusted to grade. One lane will be open at all times during construction. Trees and shrubbery may need trimming throughout the project. In artier to minimize damage to trees, any roots exposed during excavation will be cart cleanly. Real property transactions, including right of way,maybe necessary in support of this project. Project Location: West County area in the unincorporated community of El Sobrante on Kister Circle (Figures 1-3). This project is exempt from CEQA as a: Ministerial Project(Sec. 15268) Other Statutory Exemption,Section Declared Emergency(Sec. 15269(a)) _.._ General Rule of Applicability(Section 15W1(b)(3) Emergency Project(Sec. 15269(b)or(c)) + Categorical Exemption, Class 2c for the following mason(s):The proposed project consists of the reconstruction of an existing facility in the same location and with the same purpose and capacity as the facility replaced,including replacement or reconstruction of existing facilities involving negligible expansion of capacity.` Hate: By: Community 5evelopment Depattrnent Represyntative> AFp1DAV1T OF Flt.1NG ANF)POSTING I declare that on l received and posted this notice as required by California Public Resources Code ection 21152(c). Said notice will remain posted for 30 days from the filing date. Signature Tale Applicant: County Public Works Department 255 Glacier Drive Martinez,CA 94553 Attn. Trina Torres County Clerk Fee$50 Due G:XGrpData\EngSvclENVIRO\202 Projects\CEQA\NOE'\Kister Cir.doc 0 00 *CD 1>11 CJ ° Q ---. _ ; C/) g � > > X rTt � 0 _1 �-:7 > > a O —.- D c Q > Z ...... 0 C a < ;;u -�-� m €- O m co rri G 0 C V fl � v �w 9F Q A& t. may, d� �r �y; 's " � �' � �•'ti'�` ,�` � ,qty •a � ao �A :� �� „��� a .� � {1B R��Q �97 ul ts tp A � � � t6t1 c}'�•A p�AA �-��Q� it y —' � � > t,�'' � �`,,� � ,�r r •�� °y Q U f st7 i2 PACE y �s �LQQ 'D 0. Pik i Idn SP 0 x pt> M Ab jfpA •�s Gw 'pG'yr 8 � � �-9�% tt , K.- 'Si.' AD RSL .'' f �7 t' V m � OONTRA COSI A COUNTY , #c 715 7,W IFAFCONCORD e AKL 01 CLAYTON BkENT -. sA AF:wv7r c�ceN 716 ALMAO MEAi�GA Itfi7REE PAM � 704 706 6 700 90 NA LOCATION MAF' m� f �+ 683 665 706 V1 Ap IAt4 CT r' ams 570 618 PROJECT LOCATION Ln th 620 , 6 % c NA a , MELINDA CT � � 550 0 roG G 6 CA s ' '✓ q3 05 � 6�fl X35 ON t, �aea�42ttr�p, V� THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on March 5, 2002,by the following vote: AYES. Supervisors Gerber, Uilkema, DeSafil.nier>',Glover and Gioia NOES: Norte' ABSENT: None ABSTAIN: Norse RESOLUTION NO, 2002!114 SUBJECT: Approval of Parcel Map and Subdivision Agreement for Subdivision MS 143-90, being:developed by Todd Fujinaga, Walnut Creek area(District 111). The following documents were presented for Board approval this date; 1. Map The parcel map of Subdivision MS 143-90 property located in the Walnut Creek area,Supervisorial District III,said map having been certified by the proper officials. H. Subdivision Agreement A subdivision agreement with Todd 'Eujinaga, 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 on the date shown. Originator:Public Works(ES) Contact. Rich Lierly(313-2348) o:torpData\EngsvC\Bo�2002\3-5-02WS 143-90 130-2 Ldoc ATTESTED March .0 5 , 2002 RL:lad JOHN SWEETEN,Clerk of the Board of Supervisors and cc: Public Works-R.Brunel,Construction current Planning,Community Development County Administrator T-1-5-03 Todd Fujinaga DBA Arbol Via owners 158 E.Jackson Street San lose,CA 95112 BY ,Deputy RESOLUTION NO.2002/ 114 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 143- 90,being developed by Tadd Fujinaga, Walnut Creek area(District 111). DATE: March 5,2002 PAGE 2 Cash Bond Performance amount: $35,600.00 Auditor's Deposit Permit No. 381602 Date: February 13,2002 Submitted by: Tadd Fujinaga,DBA Arbol Via Owners Tax ID Number: 560-82-7195 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 lien 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 8,800.00,with security guaranteeing payment of said tax lien as follows: • Tax Surety Assessors Deposit Permit Number: 381729 Date: February 15, 2002 Amount: $8,800.00 Submitted by: Todd Fujinaga NOW, THEREFORE,THE FOLLOWING IS RESOLVED: 1. That said subdivision, together`' with the provisions for its design and: improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said parcel map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department, RESOLUTION 2002/114 SUBDIVISION AGREEMENT (Government Code§56462 and§66463) Subdivision:` Principal., All Effective Date: _ _ �.:.►r C Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTYPRINCIPAL Maurice M.Shiu,Public Works Director By: e4zvz (Signature) (Print name&tstle} RECC}MMENDED FQLARNk4934AL, By: (Signature) gi rvices Division (Print name&title) FORM APPR D: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged. If Principal is incorporated, signatures must conform with the designated representative;groups pursuant to Corporations Code§313.) i. PARTIES&DATE. Effective on the above date,the County ofContra Costa,California,hereinafter called"Coup "'and the above-mentioned Princiyal,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 Guaranteets. � cash,plus additional security,in the amount:$ which together total orie hand;ed percent(I 000/c, of the estimated cost ofthe work. Such additional security is presented in the form of: i/' Cash,certified check or cashiers check. Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees performance under this agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount:$ �, 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 Acceptable corporate surety bond. Acceptable irrevocable letter of credit' With this security,Principal guarantees payment to the contractor,subcontractors and to persons senting 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 maybe reduced in accordance with§94-4.405 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 ES'T'ABLISHMENT WORT. Principal ag1•ees 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(I)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 the work as promised in Section 2 and as required by the conditions of approval for the subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes necessary to the plans to,accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or anypart 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,propertydamage,inverse condemnation,or any combination of these and regardless of whether or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as complete and including the defense of any 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 these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Principal shall pay when due,all the costs of the work, including inspections thereof and relocation of existing utilities required thereby. 10. SURVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. IL 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,performance under this agreement or to recover costs'incurred in completing or maintaining the v,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 work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,County's rights under this agreement and/or any deposit;bond, or letter of credit securing said rights shall'be transferred to the new or annexing city.,Such city shall have all the rights of third party beneficiary against Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originallythe provisions of paragraph 8 (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. RL:JDAad GtGMData\13ngSvcTomw\AG WORDIAG-30.doc Rev. October 25,2001 CALIFORNLA ALL-PURPOSE ACKNOWLEDGMENT State of California ;r County of ,. On 1� �'- ,:before me, . Date Name and Title ofOfficw(e.g. Jan oe,Notary Public') personally appeared V�P( )*0f?4 � Nam*)of Signeft 'personally known to me proved to me on the basis of satisfactory evidence to be the person%4 whose name(V) isles; ON subscribed to the within instrument and acknowledged to me that he/ /t executed C.��r7C TAICU�I g Con mission dr 12 4414 the same in his/t ltk�ir authorized Notary Pub r, rikl capacity( , and that by his/l*r/fir Santa Cla CM* signature(o)on the instrument the person(, or My C '' "2104 the entity upon behalf of which the person(} acted, executed the instrument. WITNESS my hand and official seal. Place Notary Seal Above �Signary Publ c i 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. i; Description of Attached Document 1 Title or Type of Document: Document Date: _ _ ____ Number of Pages: . I; Signer(s)Other"than Named Above: h i Capacity(les) Claimed by Signer Signer's Name: Individual i UN To of thumb here ❑ Corporate{officer—Titie(s): ❑ Partner-❑Limited 0 General ❑ Attorney in Fact ❑ Trustee ; 1 ❑ Guardian or Conservator 0 Other: Signer Is Representing: _ I i # Q 1999 National Notary Association+9350 6e Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402+www.nationainotary.org Prod.No.5907 fleorder Call Toil-Free S-SW-878 827' i,r4lVt"/':#1 i.I#"L4fIV#iC1Wk Wirr.'�#A ' IrEPt?W t►Etli11` _ x, OFFICE OF COUNW AUDIlOR-CONTROLLER MARTINEZ,CALIFORNIA TO THE TREASURER: RECEIVED FROM { ORGANIZATION NUMBER w (orCash Collection Procedures see County Adminiatrahu`s Bultetin 105.} DESCRIPTION FUND/ORG ACCT.' TASK OPTION ACTIVITY AMOUNT j G,�r ter- r�'�`.r�•'�" � `'`� I r c�G .��✓�' 's::7ci� Vii' �.�"�"�'' R .rte ` IL .3 :..� at 5-0 r f t 1 4 EXPL ATION: TOTAL ' -r.`ca DEPOSIT Deposit consists of the following items COIN and CURRENCY $ CHECKS,MO.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT TIBER ) ASSIGNED ....•.- The amount of money described above is far Treasurer`s'receipt of above amount is approved: Receipt o€above amount is hereby _do sit-into-theC re Date_ a Ll) J Signed; Signed: ., 1 Title: ; E}( Rep y Coun iror uty County Treasurer ... LLQ-��°'�""" D-3+k kEY.It-931 � ,,/ ,,! /✓'�u� ,yam`, �",.9.,:�.�c ��,�ti.' '.s-P'`=� ,,,�.��'''' �i"ea S t'_� �'� . -`� sr'/ Z. - --- a�.. Air �r�',. ',.�,y'.,�,,' �'��Y.� �rri-c r'c�,v.�•.r�-3,�` ��.� /'.�c�`v �rcz�"� ,�{y r..��cy eye x r.57G5P '��.0 �� Gi'./G' ✓C°'C J"'`�!✓t�+'.a;i ��/'GJ C..- ��i"'�C' f "�`'`".-... ���d.�l�i. s/r-,e 42 Tax Collector's Office William J.Poilacelk 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.O.Box 631Joseph L.Martinez Martinez,California 94553- Costa Assistant Tax Collector ©063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX "1 Tax Operations Supervisor Date. 2/15/2002 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 l have examined the map of the proposed subdivision entitled: Tract/MS# City, T.R.A. 90-143WALNUT CREEK 79029 Parcel#: 140-150-002-8 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 2041-2002 tax lien has been paid in full. Our estimate of the 2002-2003 tax lien, which became a lien on the first clay of January, 2002 is $8,800.00 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. WI IA J. O Tre sur r- le or # COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA REC NEFROM ORGANIZATION NUMBER _f ) (Por Cash Collection Procedures see County Administrator's Bulletin 145.) DESCRIPTION FUNDJORG CCT TASK OPTION ACTIVITY AMOUNT .Y' Of 6 CI4 ��v0r � � � Vit`)��C� SCJ � f �I I r' 1 I ' I 1 I 1 I t 1 1 E t t I i t I' 1 t 1 I I i' PLANAT_J'1 I I I TTALt DEPOSIT $ Deposit consists of the following iterm COIN and CURRENCY CHECKS,M.Ct,ETC. $ ( '- BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY + r ✓ t t :ate - DEPOSIT PERMIT- C1P w t { a , t ' NUMBER DATE II / ASSIGNED The amount of money described above is for de so rTreasurer's receipt of above amount is approved. Receipt of above amount is hereby a nt into the C � usury. acknowledged N Signed"' .-. Date " C t 1 Signed: c Signed Tide: a EX7 Dep-ty County "i ----Deputy County Treasurer 3-34 KEY.(7-93) i 4 i Job 610- 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 5, 2002 by the following vote: AYES: Supervisors Gerber, U lkema, Desaulnie;r, Glover and Gioia NOES: None'' ABSENT": None ABSTAIN: None RESOLUTION NO,2002/115 SUBJECT: Approving Deferred Improvement Agreement along Arbol'Via for MS 143-90,(APN 140-150-002), Walnut Creek area(District III). The Public Works Director has recommended that he be authorized to execute a Deferredrr: Improvement Agreement With Todd Roger Fujinaga,Carlos Hsieh,Ronald Haraguchi,Ann Woo and Debra L Masamori, as required by the Conditions of Approval for MS143-90. This agreement would permit the deferment of construction of permanent improvements along Arbol Via which is located in the Walnut Creek area. IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Warks Director is APPROVED. G:\GrpData\EngSvc\BO\2002\3-5-02\ms 143-90 BO-tz.doc RL-.lad I hereby certify that this is a true and correct copy of an action Originator. Public Worsts(Es) taken and entered on the minutes of the Board of Supervisors Contact,. xi Ria ) on the date shown cc: Recorder(via Title C rmpapy)then PW Records Current Planning,Community Development Richard and Paula t#222 ATTESTED: _ March EIS 220021790 Ellis street, 2 * Concord,CA 94520 JOHN SWEETEN,Clerk of the Board of Supervisors and County Administrator By Deputy x RESOLUTION NO.2002/.- ;� Recorded at the request of: V CON'T'RA COSTA COUNTY w Return to: PUBLIC WORKS DEPARTMENT ENGINEERING SERVICES DIVISION RECORDS SECTION Area/Dist: Walnut Creek Road:Arbol Via Co. Road No; fKivxtl� Project:MS 143-90 Assessor's No 140-150-002 Space above for exclusive use of Recorder. DEFERRED IMPROVEMENT AGREEMENT (Project: Subdivision MS 143.90) THESE SIGNATURES ATTEST TO THE PARTIES' AGREEMENT HERETO: CONTRA COSTA. COUNTY OWNER: (See note below) Welford- 17 Public Wor '4s Director' os e By:ALI ald Haragchi RECOMMENDED FOR APPROVAL: qtA By: To" ger ' naga .. Engin ring Services. Division '`� �..� Debra L Masamorr FORM APPROVED: Victor J. Westman, County Counsel (NOTE: this document is to be acknowledged with signatures as they appear on deed of title. If Owner is incorporated, signatures must con- form with the designated representative groups pursuant to Corporations Code S313.) State of California ) ACKNOWLEDGMENT(By Individual,Partnership County of Contra Costa )ss or Corporation) On t . l►t£c43 before me, '" 5tt , personally appeared Carlos Hsieh, Ronald Haraguchi, Ann Woo, Todd Roger Fujinaga, Debra L. Masamori 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 persons, or the entity upon behalf of which the persons acted, executed the instrument. ; .9 AL EDRN R. OSHIKA' —am`NOTARY PUBLIC CALIFORNIA WITNESS eal. SANTA CLARA COUNTY MY COMM EXPIMSftp..T,199a Signature: (Seal) 1. PARTIES. Effective on �.3 ._, the County of Contra Costa, hereinafter referred to as"County" and Carlos Hsieh,A udmarried man and Ronald Haraguchi and Ann Woo,husband and wife, as community property and °'Todd" Roger Fujinaga and Debra L. Masamori, husband and wife, as community property hereinafter referred to as "Owner" mutuallyagree'and promise as follows: 2. PURE, Owner desires to develop the property he owns as described in Exhibit"A"attached hereto and wishes to defer construction of permanent'improvements, and County agrees to such deferment if Owner constructs improvements as;herein promised, 3. A.GREEMENT BIN INC- ON''SUCMSC3 S IN INTEREST, This agreement is an instrument affecting the title or possession of the real property described in Exhibit ,A'. All the terms, covenants and conditions herein imposed are for the benefit of County and the real property or interest therein which constitutes the County road and highway system and shall be binding upon and inure to the benefit of the land described in Exhibit "A" and the successors in interest of Owner. Upon sale or division of the property described in Exhibit "A", the terms of this agreement shall apply separately to each parcel, and the owner of each parcel shall succeed to the obligations imposed on Owner by this agreement. Upon annexation to any city, Owner, or those who succeed him as owner of the property described in Exhibit "A", shall fulfill all the terms of this agreement upon demand by such city as though Owner had contact with such city originally. Any annexing city shall have all rights of a third party beneficiary. 4. STREET AND DRAINAGE IMPROVEMENTS: A. The improvements set forth in this section may be deferred by Owner and shall be constructed when required in the manner set forth in this agreement. The deferred improvements required by County Department of Public 'Works are generally described on Exhibit "B" attached hereto. Each of said improvements relate to the use, repair, maintenance or improvement of, or payment of taxes, special assessments' or fees on, the property described in Exhibit "A" B. When the County Public Works Director determines that there is no further reason to defer construction of the improvements because their construction is necessary for the public health,welfare and safety and/or is necessary to the orderly development of the surrounding area, he shall notify Owner in writing to commence their installation and construction. The notice shall be mailed to the current owner: or owners of the property as shown on the latest adopted County assessment roll. The notice shall describe the work to be Clone by Owner, the time within which the work shall commence and the time within which the work shall be completed. All or any portion of said improvements may be required at a specified time. Each Owner shall participate'on a pro rata basis in the cost of the improvements to be installed. If Owner is obligated to pay a pro rata share of a cost of a facility provided by others, the notice shall include the amount to be paid and the time when payments must be made: 5. PERFORMANQ OF THE WDRK. -Owner shall perform the work and make the payments required by County as set forth herein or as modified by the Board of Supervisors, Owner shall cause plans and specifications for the improvements to be prepared by competent`persons legally qualified to do the work and to submit said improvement plans and specifications for approval prior to commencement of the work described in the notice and to pay'County inspection fees. The work shall be done in accordance with County standards in effect at the time improvement plans are submitted for approval. Owner agrees to commence and complete the work within the time specified in the notice given by the Director of Public Works and to notify the County at least 48 hours prior to start of work. In the event Owner or his successor(s) in interest fails to construct any of the improvements required under this agreement, County may, at its option, do the work. A lien is hereby created on all property described in Exhibit "N' for the cost of such work. If County sues to compel performance of this agreement, to recover the cost of completing the improvements or to enforce the aforementioned lien, Owner shall pay all reasonable attorney's fees,costs of suit and all other expenses of litigation incurred by County in connection therewith, and said attorney's fees, costs and other expenses shall also become a lien on the property described in Exhibit "A", If the property described in Exhibit „A" is subdivided at the time said liens are imposed, the amount of said liens shall be divided proportionately among the various parcels. Permission to enter onto the property of Owner is granted to County or its contractor'as may be necessary to construct' the improvements covered by this agreement. b. Jt-.2U 90-9PERAMYE PLAN. Upon notice by County, 'Owner agrees to cooperate with other property owners, the County, and other public agencies to provide the improvements 'set forth herein under a joint cooperative plan including the formation of a local improvement district, if this°method is feasible to secure the installation and construction of the improvements. 7. REVIEW OF'REQUIREMENTS. If Owner disagrees with the requirements set forth in any notice- to commence installation of improvements, he shall, within 30 days the date the notice was mailed„ request a review of the requirements by the Board of Supervisors of County. The decision of this Board shall be binding upon both County and Owner. 8. ACCEPTANCE OF'IMPROV MENTS. County agrees to accept those improvements specified in Exhibit "B°which are constructed and completed in accordance with County standards and requirements and are installed within rights of way or easements dedicated and accepted by resolution of the Board of Supervisors. Owner agrees to provide any necessary temporary drainage facilities, access road or other required improvements,to assume responsibility for the proper functioning thereof,to submit plans to the appropriate County agency for review, if required, and to maintain said improvements and facilities in a manner which will preclude any hazard to life or health or damage to adjoining property. 9. BONUS. Prior to County approval of improvement plans, Owner may be required to execute and deliver to the County a faithful performance bond and a payment bond in an amount and form acceptable to County to be released by the Board of Supervisors in whole or in part upon completion of the work required and payment of all persons furnishing labor and materials in the performance of the work. 10. INSURANCE. Owner shall maintain, or shall require any contractor engaged to perform the work to maintain, at all times during the performance of the work called for herein a separate policy of insurance in a form and amount acceptable to County. 11. INDEMNITY. The Owner shall defend,indemnify and save harmless the County,it's officers,agents and employees, from every expense, liability or payment by reason of injury (including death) to persons or damage to property suffered through any act or omission, including passive negligence or act of negligence, or both, of Owner, his developer, contractors, subcontractors, employees, agents, or anyone directly or indirectly employed by any of them, or arising in any way from work called for by this agreement,on any part of the premises,including those matters arising out of the deferment of permanent drainage facilities or the adequacy, safety, use or non-use of temporary drainage facilities, or the performance or nonperformance of the work. This provision shall not be deemed to require the Owner to indemnify the County against the liability for damage arising from the sole negligence or willful misconduct of the County or its agents, servants, or independent contractors who are directly responsible to the County. BAwg C:MS143-90.tl l (ES 7/92) EXHIBIT "B" ES-Subdivision MS 143-90 M'ROVEMENTS Improvements required by Contra Costa County Planning Agency and the County Ordinance Code as a condition of approval for the above-referenced development are located along Arboi Via for Parcels A & B as described in Exhibit "A": 1. Approximately 315 linear feet of curb and gutter, face of curb located 10 feet from the right of way line. 2. Approximately 315 linear feet of 4-foot 6-inch sidewalk, width measured from curb face, built monolithic with the curb and gutter. 3. Approximately 1,575 square feet of street paving to pave between the existing pavement and the curb and gutter. 4. Necessary longitudinal and transverse drainage. 5. Necessary street lights. The final number and location of the lights will be determined by the utility company and approved by the traffic engineer. 6. Temporary conforms for paving and drainage as may be necessary at the time of construction. 7. Submit improvement plans to the Public Works Department,Engineering Services Division,for review; pay an inspection and plan review fee and applicable lighting fee. CONSTRUCTION Any necessary relocation of utility facilities shall be the responsibility of the owner or his agent. The construction of the above deferred improvements shall begin as outlined in Item 4B of the agreement or when either of the following occurs: I. Arbol Via is constructed to its ultimate planned width by the County or by an assessment district. 2. Frontage improvements are constructed adjacent to the subject property. It is the intent at this time that the "pro rata basis" of costs, as specified in Item 4B of the agreement, shall mean that the owners of each parcel shall pay one half of the costs. AB f p MS 143-90.t11 EXHIBIT "A" ES-Subdivision MS 143-90 All that real property situated in the County of Contra Costa, State of California, described as follows: All of Parcels A,. & B as shown on Subdivision MS 143-90 as recorded. on , , in Book of Parcel Mars, page , on fide at the County Recorder's Office. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 5, 2002,by the following vote AYES: Supervisors Gerber, Ulkema, DeSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO.2001/ 116 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8372,being developed by Rock Island Homes, Inc.,Knightsen area(District V). The following documents were presented for Board approval this date: I. Map The :final map of Subdivision 8372, property located in the Knightsen area, Supervisorial District V, said map having been certified by the proper officials. 1I'. Subdivision Agreement A subdivision agreement with Rock Island Homes, Inc.,.principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: I hereby certify that this is a true and correct copy of an action originator:Public works(ES) taken and entered on the minutes of the Board of Supervisors Contact. Joseph Maggio(313-2345) on the date shown. G:\CTtpData\EngSvelBO\200213-5-02\SUB 8372 130-21.doc CL.-lad cc: Public Works-R.Bruno,Construction Current Planning,Community Development ,�ATTESTED: ESTED; March 05 , 2002 T-"12-5-02 Dennis V.Menke JOHN SWEETEN,Clerk of the Board of Supervisors and Rock Island Homes,Inc. County Administrator 695'Town Center Drive,Ste.410 °J Costa Mesa,CA 92626 Natalie Caicedo Gulflns "Company By A-�° , ,Deputy 110 Westt""AA"Street,Ste;1805 San Diego,CA 92101 — -- RESOLUTION NO.20021 ;116 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8372, being developed by Rock island Homes Inc., Knightsen area(District V). DATE: March 5,2002 PAGE 2 A. Cash Bond Performance amount: $2,800.00 Auditor's Deposit Permit No. DP 379952 Date: January 10, 2002 Submitted by: Rock Island Homes, Inc. Tax ID Number: 33-0972708 B. Surety Bond and Bond Rider Bond Company: Gulf Insurance Company Bond Number: BE2638210 Date: December 17,2001' Total Performance Amount: $3,27,700.00 >:Total Payment Amount: '$165,250.00 Principal: Rock Island Homes,Inc. Ill. Tax Letter Letter from the County Talc Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2001-2002 tax lien 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 $142,200.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Surety: Gulf Insurance Company Bond No. BE2638244 Date: February 4, 2002 Amount: $142,200.00 Principal: Rock Island Homes, Inc. NOW, THEREFORE,THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans, 2. That said final map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2002/116 SUBDIVISION;AGR: ENWNT (Govermient Code 06462 and§66463) Subdivision- 17Z I"rinelpai: Effective Dale: Compledon Peried. 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CQWRA QQSTA COUn PRINCIPAL Maurice M.Shirr,Public Works Director` By. {StaMturr) (r= ant fi rimes E» Johnston, President FOR APPROVAL By tst n meeringServicesDivision (Priatnum aeine)Dennis V. Menke, Vice-President and Secretary FORM Pl-OYED: Victor.].'Westntan County Counsel (NOTE All signatures to be acknowledged. If Nneval is incorporated, sioutures must conform with the designated representative groups pursuant to Corporaatitms Code J313.) I. PARTM&I ATl3. Effective on the above date,the County of Contra Costa,California,hereinafter called" unt 'and the above-mentioned PrirLcivaj,mutually promise and eWee as follows eoneerning 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 Cade (including future amendments thereto). Principal shall9complete 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 govem. 3. IMEROVEMENT SECUM. Upon',executing this agreement, Principal shall,pursuant to Government Code§66494 and the County Ordinance Code,provide as security to the County: A. F,isFe*t2aMm 111d'Gu *+tee S ca*plus additionat security,in the amount:S . which togethertotal one hundred percent'(100%)'ofthe estimated cost of the work; Such additional security'is presented in the form of, Cash,certified'check or cashiers check. X Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees performance tinder this agreement and maintenance of the work for one year after its completion and acceptance against any defective:worlmumship or materials or any unsatisfactory performance. B. in the'arnount which is fifty percent(50%)ofthe estimated cost ofthe work. Such security is presented in tht< rrrrnf Cash,certified check;or cashier's check 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 Supervisorsandupon request of Principal,the amount securities may reduced in accordance with§94-4.406 and§944.408 of the Ordinance Code. 4. GUARANTEE AND WARTY OF WtJRi€ Principal guarantees that saidwork shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(l)year from and atter the Hoard 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 ES `WOR.TC_ 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. P&QVEMF-,NT PLAN WAR ANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2"and as required by the conditions ofapproval for the subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes. necessary to the plans to accomplish the work as promised. 7. NO WAIVER BY C012M. 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,oracceptance ofthe 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 ofthe 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 terata and conditions hereof. 8. INI7E TT Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The in I Atli benefited and protected by this promise are County and County's special district,elective and appointive boards, commissions officers,agents and employees. B. The ligh lities protected against art,any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below and including personal injury,death,propertydamitge,inverse condemnation,or any combination of these and regardless ofwhether or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as complete and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims: C. The actions mussing 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 there; D. No -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 Inderrtnity. 9. COSTS: Principal shall pay when due,all thecostsof the work,including inspections thereof and relocation of existing utilities required thereby. 10. S -RVFY . Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Conunissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11, NON-PERFORMANCE,ANCE AND COSH'S: 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 forcesz 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 suc to compel performance 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 work- 12. ork .__ _ 12. INCOR.PORA,TION/ANNEXATION. If,before the Board of Supervisors'accepts the work as complete,the subdivision is included in territory incorporated as a city or annexed to an existing city,except as provided in this paragraph,County's rights under this agreement and/or any deposit,bond; or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally.' "The provisions of paragraph 8 (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. Ri.:maui GAOMDMASngSvnSFortn G WOMD G-M&c Rev. October 25,2001 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF BOUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEWED FROM (ewe ) ORGANIZATION NUMBER PO e)L4C, 0 .lam (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT ACCT. ,44)141 L I t In 0 i` € P 14 `{..���V 4 '!�'.'��tP Ips�.i i-�� d ��€�.-� Ix i . '' ` / , A- f .64 ! t„,..?..1C.1'`f 17 o EXPLANATION: C7 t4l 69 L r f'-- �� /L �f�1 /C� TOTAL $ - C7" q DEPOSIT / t t4—,€ {!! '044 f-o -- e`-7 1 e'<!a t4 C,t' Deposit consists of the followingitems �} -COIN and CURRENCY $ � ! f 5 ; FIEL K5 tvi t9C $ '"-- �+ BANKDEP6SI1S FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP___L NUMBER DATES ` ASSIGNED The amount of money described rabove is for Treasurer's receipt of above amount is approved. Receipt of above ca mount is herb deposit into the County Treasury, acknowledged. Signed. its Date I I t r Signed; (, �. Signed: Title: „�? K EXT �•P`( Depu.y ounty Avdi DeputyCqjnty1rosurer D-34REV.(7.93) �5,•��cl z COUNTY OF CONTRA COMA DEPOSIT PERMIT .� OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA TO THE TREASURER: RECEIVED FROM ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB, TASK OPTION ACTIVITY AMOUNT ACCT. _ . � Y' s` 0 t #'fir ' �.� t $ a ' y 1 pyl F rr b L. ! }: € i .1 ''';r)�,,'vri Ls6. ' d'R i, t✓ k.x („% 'c..� .- i I C I 1( Cj t 'd V in 1% L's' r`k 1�,r�L`>..}�..k 3% a�F.;:'.� %t L 7� � ,.�!+ (N�'+ : :i^ 1 AL 1 1 1 t i r 1 1 i 1 I I EXPLANATION: TOTAL $ DEPOSIT Deposit consists of the following items COIN and CURRENCY $ CHECKS,AkO,ETC. $ BANK DEPOSITS $ Fu. FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DATE ASSIGNED 1. The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged. � Signed: ;� t7ate _i t � Signed: i i 14 i Signed; Title: t` I:XT. `� : . Deputy my Auditor Deputy County Treasurer i D-34 REV.(7-43) 1 I a f Subdivision: $ 7 Bond No.: 8E26 2l0 Premium:$5,026.0012 Year Term IMPROVEMENT SECuR TY BOND FOR SUBIJMSION AGREEMENT (Performance,;Guarantee and Payment) (California Government Code§§66499-66499.10) 1. �~"aF SUNIVIstOh AGREEMENT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision 8372 as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement,all in accordance with State and local laws' and rulings thereunder'in order to satisfy conditions for filing of a''final map or parcel map for said subdivision. 2. QBt LG&TIQrr,: Reek island Homes, Inc.. as principal and Gulf Insurance CornppnY a corporation''organized and existing under the laws of the State of Connecticut and authorized to transact surety business in California, as surety, hereby ;jointly; and severally bind ourselves, our hairs, executors, administrators,successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee: two hundred seventy nine thousand two hundred 00/104*** Dollars 279200,00 )for Contra Costa County or any city assignee under the above'County Subdivision Agreement. B. Payment: one hundred forty one thousand 00/100*** Dollars ($ 141.000 00 ��1 to secure the claims to which reference is made in"Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3. COW-MN: A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal, or principal's hens,executors,'administrators,successors or assigns,shall in all things stand to and abide by and well and truly keep and perforin 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 ods,agents and employees,as therein stipulated,them this obligation shall become null and void;otherwise it shall be and remain in full force and effect.; As part of obligation secured hereby and in addition to the face amount specified therefore,there shall be included'reasonable costs,expenses and fees,including reasonable attorneys 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 (23.) above, is such that said principaland 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 band shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3482)ofPart 4 of Division 3 of the Civil Cole,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 band;and consent is hereby given to make such alteration without further notice to or consent by the surety;and the surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. SIGNED ANDS ty on Dec mber.17,2001 PRINMA .: Rock Island Homes, Inc SURETY: Gulf Insurance Company Address: 695 Town Center Drive Suite 410 Address: 110 West"A"Street Suite 18015 Citi Costa Mesa CA, Zin:. 92636 City: Sa :tae A ip 92101 $y. IIA Byt ' Print Name: C7ennis V. Menke Print N f' a elle t Title: Vice President and'Se et Title: Attorney-in-Fact Print Name:Thomas E. Johnston ,o:mw:t.p Title: President Rev.'Nov4mber29,200D STATE OF 9alULO nia COUNTY OF Grange SS. On December 17' _'beforeme,2001 Lysandra Oliver PERSONALLY APPEARED Natalie Caicedcr personally known to me (or proved to me an the basis of satisfactory''evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowl- edged to me that he/she/they executed the same in his/ LY5AN13R,* OLIVER her/their authorized capacity(ies), and that by his/her/ Commission LIVER their signature(s) on the instrument the persons), or the 324418 P Cawlitomla entity upon behalf of which the person(s)acted, executed J W County .a the instrument. hkjGcmml OCT 712005 WITNESS my hand and official seal. Signature 1 This area for Official Notarial Seal OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMER BY SIGNER DESCRIPTION OF A'T'TACHED DOCUMENT ❑ INDIVIDUAL ❑ 'CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT ❑ PARTNER(S) ❑ LIMITED GENERAL Xft ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAM OF KASON{S!OR ENTITY(IES) Gulf Insurance 1✓`gMea! ty SIGNER(S)OTHER THAN NAMED ABOVE' {D=081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT ULA71� �� C3 1. ii7Ni � ( �ATTORNEY Ql�1�lI ALS f 1S R 0 AT I tl.2 �AE" 9 [f t�N BijjLUE VETY PAPEf$MTM PEAL NK.' f� Aftt l UY11iL I1th1TS 1#tat pie UtaIP fr€strar�ce Crpany„a ccrrptrratin tluly csrgaritr dnclr rte taws tsf tt� tatfnnetlit tiauig principal ffics in itis cityt;lruirs ,Teras,pursuant tsa the#ctlatvilg renlutic�,edcptecl try thu Finance Executive smrniltee ctthesard ttfirectrs ufthe said cparryn the t Qkh s frrust,w 9 ,tc grit: 1. " r�l~�E ,that lira Presrtie%Executive i e Prr s scent nr any erttur {is ii�e res i lent rrf the s nipany shah haus akflsfrity tri make,execute Arid def i er Psa ue, aI tknrrray cranstitut r as Attgrney ire-Fait,suchii� ersr s,I4rrniiisy cr cOrpuratI on as may tae seteetetl tram tlrn tc time;and arty such�iiAtt€trney in l ac rrNi.ta �rer rrraad a rd the auttrcrity gfart ed him re rn erl by;pie 1'resitterrt,rrr i:iany 1 xeculF�e Dice 1ff.Mfl lent,cf any Seksiee:5--b residb L 6 �y. -Ubard.of Q reet�rs;car�y the Einarlce and Exec��ive�umi�ittee rpt tie Board Of l�irectfrrs R El y that ncthfr g rn th s Pra,- .it Attrarney shakl ccn trsaed as grant c}t aeth,ar y tp the attcime r(s}.ire-last to l n,e recut ,ackrltiwledge,deliver trr dteruise issue a policyr p lis fes of insurance ranetlalf eI Itlf Inurani erepary ii: ttE til< I[t>that the si gnatu,e stf iii�thii,e :i: i rity Executiue tee president car arty, °r irar 3 President,and tfre deal nI the�s rntaany ray tae affixed Asa ani suci a er ,tts rney ur eny cert tl ate relating there,#ray faesirnile,arld ar�y rant,pts err s t s:xecutad and of€est ray csirrsile signature rt tacsgrniie seri shaft be�aQd ane hirdt ig s pan ti"e --iwa y it the Iutalre unit,reii iiypeb Ic any�dnrl antl ddcu lentsirelating f s!ort beadii�s tc tr ctr they are attasahea.° g u l f Irt'urarlya c iti;aan1.y dsaeyys hereby rrak :carrstrt6: arkd,i.a ITl1.t its true and tarul ettnrrrey{s)-In-tail; rttt tuff pr€ er aid authsarrty hereby Harris rretf€n its rraret place and stead)t� tgrl,% execlte,eckrSsteif.sage ansa sae#leer t Its Iaettaif,as surety,cr y arrd ali;fiends elyd uridr;rtakirrgs sit s�Iretysltin,arrrl t ;biiiln[) uif lnsuranee €arrrpanY there,}iii�as IuIIy rrdii�ter the scree exte t as iI any hcin(15, rinds fa i rgs aril s c ,arrents r latin to srsch gids ani/sof uride takings ire signed by. ply a,ziutltprized q ider uT the gulf fns ranee Grranpa ry ar7 all the acts Asa said error re s-tn fejt: R1.111175 rrant tit the atrt sr o,ler in i ea.ark herefay ratified and r6nf rased. J.10 si s ligarinn rrt nisi fi cPfnpa ty sttatt rldt s xs sed live minis n( ,CfIII,(�)st®tt rs. l I�. , *the dull`#sisuran ce :ompon cawed# presents.t lse s nasi ray asst's #ic rise #sir an !and lie arp�sr#e ## bi# orets amt. . I :+8AtEi -ORK-!�!!� � � . � ��.:�� .� %� — � � �� �� �F � I 0 ) 1� � � -� l- a i.:,i: f ( 1 ''�'(3' ii�tss �� iii!ens V: fir it x >r fi x e Pir d nt ONN 4 tta this fst ofc#rs6er,A,t}. i #,l #era ate game I rice Srrtar3a #� a pact tre 3n by arra� tgr array did epes an6 #fat reale €a the Un.ss rsf l nr�ee,$tate Qf N Jere ,# he la#lse�ceasrtire Yic President ,the elf tnsu an CQ span ,ths$cerpr�ra#ic r rtii�es sibest in rad h aasec to l the rnstrssss iii ;#1tSt lsno toe Seal#kf 3atd c0 iratlon, the Seal affix d tsa the said#sisttGlt4 ITtS la sum cerptara#e $(; (##1 eras ata a fixed girderfl thh arc) f t�ec#ssli! of said r ' n end#hat a elg art lits name,# ere,s#s lisloe iiiaii�ider, 2 � � .,- �, . -:::.;�� ,�...-----: :�, ,Y ., � -�i,� � �;� � ,-, . -- - � . ixi; � � -,�:� �� � - ii� - �:� ,�� � �:i:.:�i;., - , , � � ,,� -�- � �, ��� ��!��:��i��!:��i�!:� i :;� �if � - ,:.i�� -�:.-i --- -�� �f!�!!�i��i��i�.� ,� � . ,:: � i�:� � , . , , �� �- !::i : -:i � ��-�:��� -� 2 , - , . !-�� � ---, � � ��� � � - . - --1--- � v �. � i- � � - � � - � ....� �. - � � � � , � - � � � � � ,M--4 .1ii� � �� I �;:�i-� . � - �i ��... � ::�,-� . i��,�. -- � -- � � i�� � T ... �i��i�!�::�.�i::�.!:- ��i���.:� ,�:�i��;i��� � :;�iii��:� ��, � � �: : ::- � � 'ii--.:Ii,�i F ,:���,�.�� �� ii�:: :,�i;�i:i-�.:!:�i�,:.i� � � :� � � - -�. � �-,i�] �. �i �il - - - �-�,,-� -�ii� -- - . �,�,� �- i i- - -- - �---� -�� � �. :,� - - 3avi � � f f ` � ' # t�d�ta l�ulatic 5[atef I+lry Ysr S 1tiSn,t3tI95$tf34 Qualified in ins € nty u r tissic�n atr s eee*nb� 4,�€ap1 1,tl esrderal �edy lea h a Presides of the r�ulf#ussiranca '4kt11 @n y 8 innect1 r ®ration, EIt�i aktiv that the,er, n asitt Cheri P Y ATTf3i EEy resrsalee its fu j tone. f u �l rfd eater at fi r by a Ne u York. e c �atetf t � fi� d ]3t faMBER �1 4 ° �,� , eces�rs iseari CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of A OPTIONAL SECTION County of / CAPACITY CLAIMED BY SIGNER Can Y ,before me, oR1tLj_, Though statute does not require the Notary to rill in DA NAME t OFOFMCE ^JnIaE txtE PuKIC", the data below,doing so may prove invaluable to personally appeared persons relying on the document. NAMRS)OF SIONER(S) ❑ INDIVIDUAL 0 personally known to me-OR proved to me on the basis of satisfactory evidence to XCORPORATE OFFICER(S) be the person(s)whose name(s)-Ware TFTLE(S) subscribed to the within instrument and led ed to me tha they executed 0 PARTNER(S) ❑ LIMITED JOSEPH SAY VAN YC5 a in ki�er/th ' auth6 ❑ GENERAL COMM1 't#1299730 capa (les),and tort by the 0 ATTORNEY-IN-FACT $i re(s)on t - truanent pe son(s)or Nur PtnbitC• 81ii0 ❑ TRUSTEE(S) 3 the 'ty upon a If of which a erson(s) mange County acte execut th nstrument. ❑ GUARDIAN/CONSERVATOR 4# tltM1, tpip 6, i1 ❑ OTHER: S`my h dot ial SIGNER IS REPRESENTING. (NAME OF PERSON(S)OR ENTITY(IES)l SIGNATURE OF OTR OPTIONAL SECTION 3 THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document { TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document' to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in.an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exac y as it is typed or printed. if. SIQNATLTIMS FOR IND DU S-The name must be signed''exactly as it is printed or typed. The signer's`:interest in the property must be stated. III, Sf�rl*TATCIIS FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in'writing to have the au ornty to stgp or an m- a partnership. IV. SIGNATURES FOR CORPORATIONS Documents should6 be signed by two officers,one from each of the following two groups GROUP 1. a JThe Chair of the Board b)The President c Any Vice-President GROUP 2. a The Secretary An 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 signing the instrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: 0-and'acknowledged'to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JCMW i1PCi11Q15FtAR17ArAtGrpDuaMngSWTW mNWORb FORWALL PURPOSE NOTARY doe "Rau.Augwt3,2tWt Gulf Insurance Group A Member of CitiGroup RIDE,R To be attached to and form a part of Improvement Security Band for Subdivision AgreemenkType of Bond), Bond No. EM38210 ,dated the 17TH day of December , 2001 YEAR Issued by Gulf Insurance Company ,as Surety,on behalf of Rock Island Homes,Inc. as Principal and in favor of County of Contra Costa: ,'as Obligee. Nothing herein contained shall be held to vary,waive, or alter, or extend any of the terms, conditions, agreements,or warranties of the above mentioned bond,other than stated as below. 17 December ,2001 Itis understood and agreed,effective'. ,that the: ©EFFECTIVE BATE ❑PRINCIPAL NAME ❑EXPIRATION DATE 0 PRINCIPAL ADDRESS X491SOND AMOUNT ❑OTHER For the above captioned bond be changed: FROM: Performance&Guarantee Amount$279,200.00 and Payment Amount$141,000.00 TO: Performance&Guarantee Amount$327,700,00 end Payment Amount$155,250.00 Provided,however,that the liability of the company under the attached bond as changed by this order shall not be cumulative. 4TH February 2002 Signed this day of , YEAR Gulf Insurance Company n 1 BY $ N 1 Attorney-in-Fact Gulf Insurance Company 110 West"K Street Suite 1805 Sar? Diego CA 32101 . � � ! O E **Ai "ttlf 'f�t�W,*., That the toff irrsurarrc 'Coni ani a otrrp ratiorr drily rrrgarrized.rrrrder ttre taus orf kfie Mata of onneotio i a�it� its PINK i afftce trt th r ity ref frarrrp; f asF pr�r tram fb tura=ci14 i sot- iGh,adopted by tka:mance xeerrti�i rrrrr�i€ r', ffhe and f f ITl�tal #tfra said o rpa orr t�?k tttf day bif rr�rr it to pit:: tt i t f ,ttrat ra'f'resrcferrt,�xxecrrfr iee t'resi r nt or arry- 'r -ick t'resi fent of tirr o p riy shah have a rft €r ty to r ez axecufe and detiuer a Power of ttorir y Wnstrt fr as do€rrey w:�aGt,s h Pers s tr rsrsx or cerpprats ns a5 ra be select d frarr frit to:tr ek ar Id arry s it lt�s�nay M 11—t.may be rerr��ed end thr atethority grant- ad hip r�uclred by the P.*Mdabt,Of Wiy Exec tiu�dice t�resi�ent,Or.any "Ricr Mie!�residerit,ar try tiie Baard.�f trectai��r by tf?e anar�c�and t�edr�ti�e �rirrnitt€e of the 13batd 6.`I`� 6,06€ . t i al r l krri Yr1 1 r I 'r f J ttt me �S , 5truM aS Or nt t z 4 h"Wrt �r�t:i�, �t(pay—,i(i-auk i4 s1 31. � rig;� {r��l C�J�,#P2 ,u7��� �S� a�at;W�Oti policies of insrtranc an ehait f rr4'f nsuratrce crnpany. 5 ��yypP,tt ttt~f ta;fti t..tt.4e,sy���#pat re.{a�yigt$ire{.� res��'ri+ elFIL��jjUeyye fiivei Vft!!! hifresid§e t of yarr�y�[ �rlaryr Ica APresr erryt,`a f t�1 5' a}*E�s}ry�hL �L�",: ,yyp r�pa,y y�ey,.��tfl�y�� to-ate s�it�(tr air�f f"tOrrie V� rf V`J rtr.ata:retafrr §il£S£Ui 3 bix rrErltUj akFl �i�'1''� WI£ 4Y VS 4t t4 Ul a tl�a&vfI�d�y-UtwYr IU s3q tint 4 fiA'4a " £F 54Xi .,}1 K��E i:V Sidi d,`s.{64jj 5 b th t r parry.frr iha frrtrrre witfs:reafrect to any be ahr dncratI - ref tin to�eei bands tc :ich tfrey are attaofied." it 1rr wwwaricm npast €res trardby r ks: fitr War..t L&,.- i.O, NA.TA[ Cr i t its tMe ani i wf l attorneys}�p-fact s i ........................................................................................... Tai Collector's Office William J.Pollacek 41� 6 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.O.Box$31Joseph L.Martinez Martinez,California 94553- Costa Assistant Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor .j YAa Date: 1125/2002 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. 8372 KNIGHTSEN 72027 Parcel#: 020-160-005-5 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 2001-2002 tax lien has been paid in full. Our estimate of the 2002-2003 tax lien, which became a lien on the first day of January, 2002 is $1420200.00 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. WILLI M J. P -,LLACE ` Tr e Ta lie or Bond No-'"U-.638244 Premium: $2,550,0{ 1 Year Term P�CIP TITLE COMPANY SURETY Rock Island First American Title Co. Gulf Insurance Company b95Town Center Dr. 1355 Willow Way,#101 110 West " Street Suite 1805 Costa Mesa,CA 92626 Concord,Ca 94520 San Diego C GA,92101 Attn:Dennis Menke Attn.:Ellen Hole Attn: Dave B08 Phone.-714-755-1©84' Phone: 925-356-7038 Phone: 800-7fJ8-050589 200212003' BOND AGAINSTTAXES KNOW ALL MEN BY THESE PRESENTS: THAT undersigned, as principal and (Surety) Gulf Ingurance Cit any , a corporation organized and existing under the laws of the State of Connecticut and authorized to transact surety business in California as surety are held and firmly bounce unto the County o f Contra Crista, State of Calif©rn a, in the penal sum of Io0 -two o two undyed an no cents Dollars' o be aid to said County of Contra Costa for the payment of which will 3an !trpuNellie,we and each of us bind ourselves,our heirs,executers, administrators and successors,jointly and severally, firmly by these presents. Sealed with our Seals and dated this 4TH day of February 2002. The conditions of the above obligation is sucl EREAS,'the above bounded principal is about to file a map entitled Trac and covering a subdivision of a tract of land in- aunty of Contra Costa and there are certain liens'for taxes and special assessments collected as taxes, against the said tract of land covered by said map,which taxes and special assessments collected as taxes, are not as yet due or payable. NOW, THEREFORE,if the said.Principal,shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said map, at the time of the filing of said map of said tract, there this obligation shall be void and of no effect, otherwise it shall remain in full force and effect. Rock Island Homes, Inc., Cali-ftii -Corporation r Gulf insurance company urety Keith B. Sandrock, Sr. BOND43 3 D APPROVED Attorney-In-Fact fJUiT '1"y �,yyli.R�►$ NOTAI~t"fit`ACKNOWLEDGMENT STATE OF C FG Nl )ss COUNTY fJF On �State. beforeme, Zd , , a Notary Public in and for' idersom&appearedsl (or raved to me on the bans of satisfactory evidence) to be the person(s) whose name(s) is/4& subscribed to the within instrument and acknowledged o me that hefshe Q executed the same in his/he authorized capacity(ies), and that by his/her/ signatures) 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. Signature R. MANLY COMM.#1228€99 * aWARY PUBLIC-CALIFORNIA 0 CONTRA COSTA COUNTY'0 COMM,EXP.JULY 11,29®3!" N7TARY.BLK(Rev 6/94) NATE of califormia Oran, COUNTYOF e 5S.9 On February 4, 2442 ,before me, Natalie C'aicede► PERSONALLY APPEARED Keith E. Sandrok, Sr. Personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribes[ to the within instrument and acknowl- edged to one that he/she/they<executed the same in his/ her/their authorized capacity(ies), and that by his/her/ their signature(s)'on the instrument the person(s), or the NATALIE CAI E7 entity upon behalf of which the person(s) acted, executed COW t2 s the instrument. Notary Publlc GaaIIIc>€tile ORANGECO C3 �yComm.�(pIr®at3CT.42.2043 WITNESS my, and and official se4l. Signature' Ik Tttis area for Official Notarial Seat I 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 OR TYPE OF DOCUMENT El PARTNER(S) ❑ LIMITED 0 GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES " TRUSTEE(S) GUARDIAWCONSERVATOR D OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Gulf Insurance CoTrlpar2r,� SIGNER(S)OTHER THAN NAMED ABOVE ID-081 Rev.6/94 ALL-PURPOSE ACKNOWLEDGEMENT , ITIC1' ' � RtGt a GS t3F is # Al l l ARS PRi T BLt p Sa F p R STH��Ai.t,l: �t.i � 1 Th ttS ii: Rf:�l s: Fhat Gul# Ir?suranee i clarrflan, a ccrparatiQn duly Qrgarri etl unt3Q erre !bM bf the 5taP SII.-p'P009 t, havir: 31s r�r cifl i#)T!k IC?the cily tlf irvh�t,':N'�as,i. ' hwa.t tQ tfii.e ftritQw3ric re�tliulion,ar3Q6t�d by tfibf iw-ante Xei t1tl�}tT cmrnfflee Ift Bcartd cf CtirEcicrs Qf the satd GQ niaany Qn the tots gay cf Aupst tt 3,tQ vait '3 §OLV3v ,that the Pfiesi nt, xeculiv Urc resirlent Orly SerriQs .cii:e f'r sfdert nt tyle f�iitrrn anyAMf have au6a tyttr ,execute a rd e3 i+er a Pevzar Qt tlQrney can513tuiintd as carne in-fact,su ersQnQ f rrrrs,or strrprQranan. a aytte seieQtei.d trom lime lQ ,... anti anystrQ- .___me n Fact gay be;rernQved end thu a tth€rity r nt- ed trim rev t i, *he Preside:77nt,.0 any�xeQltive dice Pre�ident Qr ani Senior 1�ic i�,eaidert,or ay IN DOW et 3rW rs c.T key the Fii.fnarrQe'artt�xQt Qt:ve Gnrrr littee t�Pthe kcrd oaf t3freclrlrs PSS GJi ttrat nibtkt rt to this:Pum�r 4i.ttkQrn ,�hala 3?e Qt�nQtruert a4 a gr 661ia�ItttrsrflytQ kheatls rtley(Q)virr-'acllct gn,execute,at ta€I lwD6,,:eiN�e QIi-P _I issue a ptriicy Qr trQ1ici Qt'nsr;ant Qn re3raft Qi cul%inr3urance loan . fit SOM that ttre 5igh6t re tlf the Pr6sident, xecOM M e t'resi sr7t cr any Senior i Pres+d 1.nl,and the S 3 Q the C nr lany rrray'kle akMec+tc any airy t'Q�t t Qf ttQrn rani carti.icale reiatM theretrl by fac ir�ile,an i any sa:ch Q ere 1c exerted and bertitied fly faoslmite signature ani face'mile seal'strati he uaiid and i� ;n a ptan ttrr cr lfraE irl #afore ittr respl ttr arrybcna anti dacl� nts re3a13ng ttr gut h tliln�e tQ rich;hey bre ettat:3 e€t,"' Gait fnaurance GemParytes hereby ae,cCnstit�rte ant[appeirt I; I i .SA TII €flCI�, R. PATRICIA SA DRO LYSA I. I11� +3I.IVEI 'ii �ATAII IE CAI Eft) its Irtre'anri lavrfu; at pwrn (st-3n td'with}ftrfi 3 dwer a3IdC1 rl fQfll treretl Ccrferreti in 315 name, place anti Slna3d ttr$I CIS a�t;0lrt ,ack�d3�wf!�dge$nd delluer iP;Zits be,haft a5 ,surety,�rr�y ar€i �i tlonds!and rantterlakings�If arrrety�hip,and tQ tl3ntd Gaff Insur�rte�tsre�arry thereby a5 t�l!y ansJ tQ e same extent a5'it any tb d�,und�rta3rir�gs anti a ct r nts reial3 q to aet h Mind and Qr art ertahi is were shred by Iti duiy aQthQriae trttirer Qf ttie Mutt fnsuram t3nmirany and aif Itrlg acl �i said effort ey( -in fack, tlr rsnarrt tc kkre a rkhQrify h rein giver"are t,eratly ratified anti c€infirmed, i s oto}rg�;inn Qf ifie GQrn any baif nc t excel five rrtii fon ,ttt3 ,il-)t3tf iat5. IN , ani tnsran Cnrprty s narrsed praserrte 6 sided dry errp miner o1 repon and i trptra#� eai to be irotrt 7,,'�:�:� � ��i�.� 1, � '- -, �� ��� 8iFt! ,�'- :�-,'���� : �--- _ '��_ ��i� : �:,-- ':i �, � ����!� ii��� !:��� ��.:� � � : � � � �:� � i� � 1p ���,�-i�r�-i- j�: � � Sm+ ' � ' �} ta�reet this tat of tuber,; . as b lnra tri came Lawrence M, itsr 6 tt me person y vrbn l hrg by a duty n rn,did terse acrd say:tit he resides in the onnty ct Reran,Mateiii ery,that h the xrrtir Mine Presiders terif trrsuranne etrany,the cgrprstirrrr Bribed in end htl exenbta€i tie ebcve f fir trer:ii that ire Lrr€r the ..n mid s IrPer ' n;tires the sea)axed trr the said ins rurrrents is suWn r�lrate moi;tl t it gas se rxed by order ot:he Rrra o f irei,iiora o€ corporstr and that be sig bis name that by Ife order � :'���:�'�;!� � - L*:ii:� -.�i ��'��...�,'��,�!:...-�-�:, ��--��! :�� - �- ��� � :� !��ii! �--� 0,��"�,�������. : -��� ,�����: i eft Stift��OVNV!. A, i'" �, iss -�,� ���-,�� � !-�� ;� , Notary�t lfe stag cif 0% ! t t 'Yt ?rted iig opt r�trlr gicsrr Exylir s t 1.7:7.c rb r 3 Cir t f,the rrnda srgeed, nrr r 1c# idsnt orf the Carrif i srr enne or tra �s nnoecl3crd rtrei adan, HEREBY: i °i�;fF;iret tine f€Iregol and A idhed P t3, .- rernarr n i" Hrrc si xtecl acts tet s rF e t ?flew�, . c� Leat r3 t 4fiti 0 ; ��b1.zu��ey €� 0- ° e r"" . x "' ed i nd