Loading...
HomeMy WebLinkAboutMINUTES - 04152003 - C14 y' CONTRA COSTA Co Recorder Office l L, WEIR,STEPHEN Clerk-Recorder Recorded at the request of: Contra Costa CountyDOC0 174681 � Board of Supervisors 03 12:06:33 p Wednesday, APR 16, 20 Return to: FRE $0.00 Public Works Department Nbr-0001432735 Engineering Services Division Tt1 Pd $0,00 2 Records Section 1 r f R� — THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 15, 2003, by the following vote: AYES: SURERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE D T S TR T CT III SPAT VACANT RESOLUTION NO. 2003/ 235 SUBJECT: Accepting completion of private improvements for Subdivision 8430, Brentwood area. (District III) The Public Works Director has notified this Board that the private improvements(Lakeshore Circle and Keystone Loop)in Subdivision 8430 have been completed as provided in the Subdivision Agreement with Hofmann Land Development Company, heretofore approved by this Board in conjunction with the filing of the Final Map. PE:rm G:\GrpData\EngSvc\Fonns\BO\2003\4-15-03\SUB 8430 BO-45.doe Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an action Contact: Rich Lierly(313-2348) taken and entered on the minutes of the Board of Supervisors on cc: Public Works -Tax I.D.Fed 68-0419482 p State C2118258,Accounting the date shown. -T.Bell,Construction Div. -J.Florin,M&T Lab ATTESTED: APRIL 152003 -H.Finch,Maintenance Div. -I.Bergeron,Mapping Div. JOHN SWEETEN, Clerk of the Board of Supervisors and -P.Edwards,Engineering Services County Administrator Recorder(via Clerk),then PW Engineering Services Sheriff-Patrol Div.Commander CHP,c/o Al CSAA Hofmann—Cartog By , Deputy Land Development Company 1380 Galaxy Way ' Concord,CA 94520 The American Insurance Company One Market Plaza,Spear Street Tower San Francisco,CA 94111 RESOLUTION NO.2003/ 235 SUBJECT: Accepting completion of Private Improvements,Subdivision 8430,Brentwood area. (District III) DATE: April 15, 2003 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the private improvements have been COMPLETED as of April 15,2003 thereby establishing the six-month terminal period for the filing of liens in case of action under said Subdivision Agreement: DATE OF AGREEMENT NAME OF BANK/SURETY October 2, 2001 The American Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials) surety for$487,450.00, Bond No. 11141714169 issued by the above surety be RETAINED for the six month lien guarantee period until October 15,2003,at which time the Clerk of the Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that the private improvements have been COMPLETED and the roads are NOT ACCEPTED NOR DECLARED as County roads at this time. BE IT FURTHER RESOLVED that there is no warranty period required, and the Public Works Director is AUTHORIZED to refund the$9,700.00 cash security for performance(Auditor's Deposit Permit No. 371880,dated July 23,200 1)plus interest in accordance with Government Code Section 53079, if appropriate, to Hofmann Land Development Company pursuant to the requirements of the Ordinance Code. BE IT FURTHER RESOLVED that there is no warranty period required, and the surety (performance)bond is EXONERATED. RESOLUTION NO. 2003/235 SUBDIVISION AGREEMENT (Government Code S66462 and S66463) Subdivision: 0 a.k h o e Subdivider: Ho�otatlrl Z-9Cte%ckP-tYe)0prvwn+ Co Effective Date: - �O Z'D Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER c f ocQ!iA LOACtDeveloprmo.YJ Co. Maurice M.Shiu,Public Works Director uJ � By: �, (Signature) +. (Print name 6e-tide) RECOMMENDED FOR PR AL � -T• �t a�� ��in�� d�•1'f' By (signature) nin ervices Division (Print nae&tide) FORM APPR D: Victor J.Westman,County Counsel (NOTE: -All signatures to be acknowledged. If Subdivider is incorporated, signatures must conform with the designated representative groups pursuant to Corporations Code S313.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Cour ",and the above-mentioned Subdivider,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the California Subdivision Map act(Government Code SS66410 and following),in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder,and where-there is-a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this Agreernent,the Subdivider shall,pursuant to Government Code 566499,and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ 9 e ash plus additional security,in the amount of$ 9 �-��• a P _ 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,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of$ -d/8 7 -4 .j which is fifty percent(500/4 of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,ur cashier's check "?e- Acceptable corporate surety bond. _ Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to them or to the Subdivider.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider, the amount securities may be reduced in accordance with S944.406 and S94-4.408 of the Ordinance Code. 0 0 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,any defects in said work. The guarantee period does not apply to road improvements for private roads which.are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said*plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise are the County,and its special district,elective and appointive boards, commissions,officers,agents,and employees. B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability,are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Subdivider shall pay when due,all the costs of the work, including inspections thereof and relocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS:If Subdivider fails to complete the work within the time specified in this Agreement,and subsequent extensions,.or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all-costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,the County's rights under this agreement and/or any deposit, bond,or letter of credit securing said rights shall be'transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. The provisions of paragraph 8(Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision. RL:mw:kw G:1GtpData\EngSvc\Fonns\AG WORDMAG-30#2.doc Rev.April 6,2000 CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT State of California ) ) SS. County of Contra Costa ) On August 30, 2001, before me, D. Panteles, a Notary Public in and for the State of California, personally appeared A.T. Shaw, personally known to me to be the person whose name is subscribed to within instrument, and acknowledged to me that he executed the same in his authorized capacity and 9 that by his signature on the instrument the person(s), or entity on behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal D, PANTELES ( COM#1296585 rrnn NOTARY PUBLIC-CALIFORNIA V1 Contra Costa County Signature My Comm.Expires March 9,2005'r •.............�...........................I................................••........................•N......•1................N..........................•I.I.M.1....1.............1......1..................•.••....NI.....................1.. •......t.1............................•Y..I...._...1............................................................•...........................Y1...1.......1.............N.........••1..........I..................�....N............I...I....N•• Reference: Subdivision Agreement-- Subdivision 8430 Lakeshore 4 Date: August 30, 2001 Pages: 2 ACTION BY THE.BOARD OF DIRECTORS OF HOFMANN LAND DEVELOPMENT COMPANY BY WRITTEN CONSENT WITHOUT A MEETING The undersigned, being all of the present directors of Hofmann Land Development Company, a California corporation, individually and collectively consent, by this writing, to take the following actions, to adopt the following resolution.- RESOLVED, that the corporation authorizes A.T. Shaw to execute, in his authorized capacity as CEO/President, any and all documents related to the purchase and sale of real property, any and all documents related to-the approval of tentative and final subdivision maps, and any and all documents related to land improvement agreements, such as subdivision agreements, and any and all bond agreements. This consent is executed pursuant to section 307, subdivision (b) of the California Corporations Code, which authorizes the taking of action of the Board of Directors by unanimous written consent without a meeting, Dated: August 1, 2000 Kenneth . a n. Director .7w Albert T. Shaw, Di ctor nnon, Director omas A. Whalen, D! r`� Dennis M. Drew, Director Z22 Richard L. Greene, Director 1 CERTIFICATION OF SECRETARY I, Dennis M. Drew, do hereby certify that I am duly elected and qualified Secretary and the keeper of the records and corporate seal of Hofmann Land Development Company, a California corporation organized arid-existing under the laws of the State of California, and that the above is a true and correct copy of a resolution duly adopted by the Board of Directors thereof, and that such resolution is now in full force and effect. f.. Dennis M. Drew, Secretary Date: COUNTY'OF CONTRA COSTA ,..' DEPOSIT PERMIT • OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA - - RECEIVED FROM ORGANIZATION NUMBER U L I v . S (For Cash Collection Procedures.see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG SUB.. TASK OPTION ACTMTY AMOUNT 000651 10Lv V& 36 r)O LD v v i oc' 0 0AN t T, CIPoa �a &Loi?I D P., r r� a � q�9 31 i- 6r gq3p, CA�'A leoop e,K , � .a 13 6&)dw L INJ 6D66 q9 q6_511 mw,!� V. Ill ti 111111 111111 1 1 1 1 t I I I I I -A I I I I I I I I I I I I L I I I I I I I I I I I I I I I I-A I I I I I I I I I I I' t `t t t . t t t t t t t t . t EXPLANATION:_ �.,, TOTAL t 1\j�. �. l:5,0 �-j �� .3.3 61 jo&o:z 3 ` DEPOSIT J t Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O.;ETC: $ - , --- BANK DEPOSITS $ FOR AUDITOR-C-ONTROLLER USE ONLY DEPOSIT .r = PERMIT :- NUMBER ` �1 y tevV::ti.N..}iL�4 Tip•; f r r-_ t h �h •4 � • yh• �9 �` DATEr Y t�..�.l�».iu•F.. y-� ,t...i s 7 ASSIGNE� 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 U1 f Signed, -7Date f - Signed- 12, Signed: Title: VzjEXT. 'r7 ;� E Audi oty Treasurer -34 REV.(7-93) ' r 1 41-AZJ �� • • C J 0649-9665 / 831000: C-71060234, $20,034.70, RA1114 Improvement Plan Review, Shapell Industries of No. CA, 100 North Milpitas Blvd, Milpitas, CA 95035 0649-9665 / 831000: 61060235, $47,370.50, SUB 8430 Inspection Fee, Hofmann Land Development Co, 1380 Galaxy Way, Concord, CA 94520, TAX I.0# 68-0419482 8 19 8 00: --,- EJof mann Land Development Co, 1380 Galaxy Way, Concord, CA 94520 4 Subdivision: 94�d Bond No.: 11141714169 Premium: $ IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance, Guarantee and Payment) - - - - (California Government Code §§ 66499 - 66499.10) 1. RECITAL OF SUBDIVISION AGREEMENT: The developer(principal) has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision 8 4 3 y , 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. Zq,4cl D eve1+ -P*e4_f Corwf=Ay as principal and THE AMERICAN INSURANCE COMPANY , a corporation organized and existing under the laws of the State of N e b r.a s k a 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: ///.%Ve �a cdoed S%x f I re _4_VV-..San 1c 7'wo 19edcl red Dollars($ -2-DO• ) for Contra Costa County or any city assignee under the above County Subdivision Agreement._ Dollars o v60,tee h f Se v ems+ 1ho ooarr d Far MoAde-PdJ-.-A B. Payment: rd deedE - ($ e,4 6 7 AV 5-0 . °° )to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of California. 3. CONDITION: A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal, or principal's heirs, executors, a dministrators, 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. L . - 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 fii rther 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 re y.of any action against the principal whenever g taken. SIGNED AND SEALED on September '2 5, 2001 HOFMANN LAND DEVELOPMENT CO. THE AMERICAN INSURANCE COMPANY PRINCIPAL: SURETY: Address: - 1380 GalAddress.axy Way .One Market Plaza, ear St. Tower Concord, CA 94520 .Say Fran c CA 94111 City. 1p. city. X P: By: r 01 By: • 4 a peen r a -in- ac -print Name: / A Gy Prin Name: Title: E5(n E 7- Title: Attorney-in-Fact JD:mw:lap G-AGrpDatalEngSvc\Fomu\BN WORDIBN-12.doc Rev.November 28.2000 , • CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa On September 25, 2001 before me, Sandra Fredrickson, Notary Public, personally appeared Kathleen Bryant, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed her instrument. Witness my hand and official seal 4 SMDRA FRIARICKSON 0 COMM.*12873" UPC NOTARY PUQLIC•CALIFORNM CONTRA COSTA COUNTY C) OMM.EXP.DEC.1G0 2004-' 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 to this form. CAPACITY CLAIMED BY SIGNER: Attorney-in-Fact SIGNER IS REPRESENTING: THE AMERICAN INSURANCE COMPANY •r1 Twice ` MAN'S FUND INSURANCE COMPA z W NATIONAL SURE'T'Y CORPORATI ASSOC ED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That FIREMAN'S FUND INSURANCE COMPANY,a California corporation, NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation rcdomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the Companies')does each hereby appoint JAMES C. JENKINS, KATHLEEN BRYANT, CONCORD CA their true and lawful Attorneys)-in-Fact,with full power of authority hereby conferred in their name,place and stead,(o execute,scat,acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof ---------,__—__..._________________...._______._....... and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,scaled with the corporate seals of the Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By-laws of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION arid AMERICAN AUTOMOBILE INSURANCE COMPANY which provisions are now in full force and effect. This power of attorney is signed and scaled under the authority of the following Resolution adopted by the Board.-of Directors of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION,THE AMERICAN INSURANCE COMPANY,ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held,or by-written consent,on the 19th day of-March, 1995,and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies,and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN WITNESS WHEREOF, the Companies have caused these presents to be signed by their Vice-President, and their corporate.scats to be hereunto affixed _1998 this 25th day of Sept tuber � �rr•s�, E�YfR�c M, � """""" FIREMAN'S FUND INSURANCE COMPANY W44 W9 �,`� `to�i► /.p��•.y NATIONAL SURETY CORPORATION ,,, ,„; t� •. +__ �• ° —•--'X� THE AMERICAN INSURANCE COMPANY Q ' o O 1=1 = * =_i B E A L s A&SOCIATED INDEMNITY CORPORATION Q, sow""'as:� . _ 2 - ._;;�; •AMERICAN AUTOMOBILE INSURANCE COMPANY `C r : tCn�►S�� ` ,�,��.• +ter ,' i t •�G t! 'o .•,�� '{NCE COQ` 'P�Ip�E L0� ,,' IOU M�.`�`• • � �''w�rww �••....•` By reside STATE OF CALIFORNIA v � nt ss. COUN't Y OF MARIN On this 2 5 th day of SeRtember 9 before me personally came M.A_ Malone to me known,who,being by me. duly sworn,did depose and say:that he is a Vice-President of each company,descn-bed in and which executed the above instrument;that he knows the seals of the said.. Companies;that the seals affixed to the said instrument are such company soars;that they were so affixed by order of the Board of Directors of said companies and.that he signed his name thereto by tike order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,.the day and year herein first above written. L OCAMPO Commission# 1163726 -d Notary Public-CaGfomta Mcxfn County WCcn1rMExPkeSNoV2B.2001 rt«uy Pub6c CERTIFICATE ' TAM OF CALL FORN IA SS. COUN'T'Y OF MARIN I,the undersigned.,Resident Assistant Secretary of each company,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full form and has not been revoked;and furthermore that Amide VII of the By-laws of each company,and the Resolution of the Board of Directors;set forth in the Power of Attorney, am now in force. Signed and scaled at the County of Malin.Dated the 25th day of September 2001 WEN XOT,�Cib�­I!s 0 40 • 1 r : • U40 ) ♦�; •.••`• a G�' tt't! .zrG�� a.a ! OWL Resident Assam Seactuy ... E 36078941=98 Tax Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.O. Box 631 Joseph L.Martinez Costa Martinez, California 94553 Assistant Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor �- T • Date: 8130/2001 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. 8430 BRENTWOOD 60050 Parcel#: 011-230-010-8 011-230-011-6 011-230-014-0 011-230-015-7 011-230-016-5 011-230-017-3 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 2000-2001 tax lien has been paid in full. Our estimate of the 2001-2002 tax lien, which became a lien on the first day of January, 2001 is $979700.00 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. WILL M J. P CE , Trea ure -Ta ec r By: -�� -- 1114171400 3 ` Fireman's Fund Insurance _`s pany B o. The American Insurance Company National Surety Corporation FM1n2lJ?S Associated Indemnity Corporation F=d'o American Automobile Insurance Company Rider In consideration of the premium charged,it is understood and agreed that: Effective from the 4th day of September -2001 _ BOND BE' AMENDED TO ADD: TRACT NO. 8428- and TRACT N0, 8430 COPY 0 DATE: D BOND HaRv AND APPROVED le�Ier- COUNTY W 1he fax N� TAO �or Scf6c�i�/<s<a� BY: 77 BOND AGAINST TAXES = Provided,however,that the liability of the under the attached-bond and under the attached bond as changed by this rider shall not be cumulative. Nothing herein contained.shall be held to vary,waive,alter or extend any of the terms,conditions,agreements or warranties of the undermentioned bond other than as stated above. Attached to and forming a part of Bond No 11.141714003. issued bY rhe THE AMERICAN INSURANCE. COMPANY dared the 18th day of July , 2001 HOFMANN LAND DEVELOPMENT COMPANY on behalf of and in favor or COUNTY OF CONTRA COSTA Signed this 4th day of September 2001 THE AME CAN URANCE. CU Y S y By. KatnAep Brya--n-f- Attorney-in-Fact 360270-11-99 f c CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa ss. On 9/4/01 , before me, BERN I CE ELIZABETH QNEAL .�. Date Name and Title of Officer(e.g.,'Jane Doe.Notary Public") personally appeared eared KATHLEEN BRYANT Name(s)of Signer(s) VV ] personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(o whose name(, is/We subscribed to the within instrument and acknowledged to me that*she/t)oy executed the same in WherAftir authorized capacity(iAi), and that by h'6/her/tggir signature(14 on the instrument the person(vy, or �., :,.•` "•;BERNICE ELIZABETH ONEAL the entity upon behalf of which the person) IL z i; COMM. 1189793 acted, executed the instrument. L�1 NOTARY PUBLIC-CALIFORNIA p * CONTRA COSTA COUNTY ... °• My comm.Expires June 11,200g TN ESS my Mand and icial seal. W I't Place Notary Seal Above Signature of Notary P OPTIONAL Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s)Other Than Named Above: -- Capacity(ies) Claimed by Signer Signer's Name: - ❑ Individual - Top of thumb here ❑ Corporate Officer—Title(s): - ❑ Partner—❑ Limited ❑ General &X Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: THE AMERICAN INSURANCE -COMPANY I Silo 11, 11 it Zlt 5;1J ©1997 National Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402 Prod.No.5907 Reorder.Call Toll-Free 1-600-876-6827 F ^ ~ - ` MID 117 MAN'S FUND INSURANCE COMPA NATIONAL SURETY CORPORATI ASSOC ` ED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OFATTORNEY KNOW ALL MEN BY THESE PRESENTS:That FIREMAN'S FUND INSURANCE COMPANY,a California corporation,NATIONAL SURETY CORPORATION, an Illinois corporation, THE AMERICAN INSURANCE COMPANY, a New Jersey corporation redomestieated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AU170MOBILE INSURANCE COMPANY, a Missouri corporation, (herein collectively called "the Companies")does each hereby appoint JAMES C. JENKINS, KATHLEEN BRYANT, CONCORD CA their true and lawful Atlorney(s)-in-Fad,with full power of authority hereby conferred in their name,place and stead,-Io execute,-seal,acknowledge and deliver any and all bonds,undertakings,rccognizances or other written obligations in the nature thereof ---------------._.___________.____,_,�_.__.__.._.,.__ and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,scaled with the corporate seals of the Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By-laws of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION, THE AMERICAN INSURANCE COMPANY, ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY which provisions arc now in full force and cffccL This power of attorney is signed and scaled under the authority of the following Resolution adopted by the Board-of Directors of FIREMAN'S FUND INSURANCE COMPANY, NATIONAL SURETY CORPORATION,THE AMERICAN INSURANCE COMPANY,ASSOCIATED INDEMNITY CORPORATION and AMERICAN AUTOMOBILE INSURANCE COMPANY at a meeting duly called and held,or by written consent,on the 19th day of-March, 1995,and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies,and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney,or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN WITNESS WHEREOF, the Companies have caused these presents to be signed by their Vice-President, and their corporate.seals to be hereunto affixed this 25th dayof September , wN'S _- %.%. FIREMAN'S FUND INSURANCE COMPANY �� �t�,.,.« �Gti ��; "��;f ,, 0r► ---..v�� NATIONAL SURETY CORPORATION O `��'E'�► �' •—�`�. THE AMERICAN INSURANCE COMPANY s if ASSOCIATED INDEMNITY CORPORATION r �.. t 'AMERICAN AUTOMOBILE INSURANCE COMPANY f�yCE Com CE Lir jit �oF By STATE OF CALIFORNIA SS. COUNTY OF MARIN On this 2 5 th day of S ep t Amber z19 9 8,before pie personally came M.A.Mallonee to me known,who,being by me duly sworn,did depose and say:that he is a Vice-PreWmt of ach oornpaay,described in and which executed the above instrument;that he knows the seats of the said.. Companies;that the scats affixed to the said instrument arc such.company seals;that they were so affixed by order of the Board of Directors of said companies and,that he signed his nam thereto by like order. IN W MESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. L OCAMPO i Com rftlon#1163726 -�• Notary Pubric.Caffariat Marin County . _ � -- My CorTM EW hies t aVX 2001 rja:<y Public CERITnCATE ="NATE OF CALIFORNIA SS. COUN'T'Y OF MARIN I -- L the undersigned,Resident Assistant Secretary of each company,DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revoked;and furthcrm m that Article V11 of the By-laws of each company,and the Resolution of the Board of Directors;set forth in the Power of Attorney, arc now in force. ft S!Vwd and scaled at the County of Marin.Dated the 4th day of September 2001 �� Marl EN•i ►MER 4P Irv. aE1L�t�fO ► � }, dop ap Z = ��! 'SIT E .�-1 Rssidew Amami Soactacy N• E 3�607H9-11=98