HomeMy WebLinkAboutMINUTES - 04152003 - C8 CONTRA COSTA Co Recorder Office cog
STEPHEN L, WEIR Clerk-Recorder
Recorded at the request of: DOC� 200 O 1 74679�00
Contra Costa County Wednesday, APR 16, 2003 12:06:15
Board of Supervisors FRE $0.00
Return to: Tt 1 Pd $0,00 Nbr=6001432732
Public Works Department
Engineering Services Division 1 r c/R S/1—1 2
Records Section
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on April 15, 2003,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
DISTRICT III SEAT VACANT RESOLUTION NO. 2003/ 229
SUBJECT: Accepting completion of improvements and declaring Wild Oak Court and the
widening of Walnut Boulevard as county roads, Minor Subdivision 4-99, Walnut
Creek area. (District III)
The Public Works Director has notified this Board that the improvements in Minor
Subdivision 4-99 have been completed as provided in the Subdivision Agreement with DeNova
Homes, heretofore approved by this Board in conjunction with the filing of the Parcel Map.
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G:\GrpData\EngSvc\BO\2003\4-15-03\MS 4-99 B045.doc
Originator: Public Works(ES) I hereby certify that this is a true and correct copy of an
Contact: Rich Lierly(313-2348)
cc: Public Works -Tax I.D.68-019243,Accounting action taken and entered on the minutes of the Board of
-T.Bell,Construction Div.
Supervisors on the date shown.
-J.Florin,M&T Lab
-H.Finch,Maintenance Div. APRIL 15 2003
-I.Bergeron,Mapping Div. ATTESTED: 7
-T—4/15/04 JOHN SWEETEN Clerk of the Board of Supervisors and
Recorder(via Clerk),then PW Engineering Services
Sheriff-Patrol Div.Commander County Administrator
CHP,c/o Al
CSAA—Cartog
DeNova Homes
1899 Clayton Road,Suite 110
Concord,CA 94520 By /6/
, Deputy
Financial Pacific Insurance Company
P.O.Box 292220
Sacramento,CA 95829
RESOLUTION NO.2003/ 229
SUBJECT: Accepting completion of improvements and declaring Wild Oak Court and the
widening of Walnut Boulevard as county roads, Minor Subdivision 4-99, Walnut
Creek area. (District III)
DATE: April 15, 2003
PAGE: 2
NOW THEREFORE BE IT RESOLVED that the 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
December 19, 2000 Financial Pacific Insurance Company
BE IT FURTHER RESOLVED the payment (labor and materials) surety for $43,000.00,
Bond No. 5503013 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 Wild Oak Court the hereinafter described road,as shown
and dedicated for public use on the Parcel Maps of Minor Subdivision 4-99 filed January 9,2000,in
Book 180 of Parcel Maps at Page 15,and Minor Subdivision 75-86 filed July 31, 1987,in Book 128
of Parcel Maps at page 48, Official Records of Contra Costa County, State of California, is
ACCEPTED and DECLARED to be a County road.
Road Name Road-R/W Widths Road No. System Lengths(Miles)
Wild Oak Court varies 32'-50' 42450Z MU 0.06
to 70'-88'
BE IT FURTHER RESOLVED that the widening of Walnut Boulevard is ACCEPTED and
DECLARED to be a County road; as shown and dedicated for public use on the Parcel Map of
Minor Subdivision 4-99 filed January 9, 2000, in Book 180 of Parcel Maps at page 15, Official
Records of Contra Costa County, State of California.
BE IT FURTHER RESOLVED that the beginning of the warranty period for the Minor
Subdivision 4-99 improvements is hereby established, and the $1,000.00 cash deposit (Auditor's
Deposit Permit Number 358935, dated November 8, 2000) made by DeNova Homes, Inc. and the
performance/maintenance surety bond and rider for$12,900.00, Bond Number 5503013 issued by
Financial Pacific Insurance Company be RETAINED pursuant to the requirements of Section
94-4.406 of the Ordinance Code until release by this Board.
RESOLUTION NO. 2003/229
oft
a
ki J
SUBDIVISION AGREEMENT
(Government Code S66462 and S66463)
Subdivision: MS 99-0004 Subdivider: Denova Homes, Inc
Effective Date: Completion Period: 1 year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER
Maurice M.Shiu,Public Works Director
r
By: (Signature) L
David B. Sanson, President
RECOMMENDED F PROVAL
By: (Signature)
ee . g Services Division (Print name&title)
FORM APPR VED: 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"Coon ",and the above-mentioned
Subdivider,mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,street
lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required in the improvement plans for this
subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance
Code(including future amendments thereto).
Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as
required by the California Subdivision Map act(Government Code SS66410 and following),in a good workmanlike manner,in accordance with accepted
construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there
is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code S66499,and the County
Ordinance Code,provide as security to the County:
A. For Performance and Guarantee: $11,000.00 cash,plus additional security,in the amount of S 85,000.00 which together total one
hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of:
Cash,certified check or cashiers check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion
and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For PayMent: Security in the amount of S 43,000.00,which is fifty percent(50%)of the estimated cost of the work. Such security
is presented in the form of:
Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the 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 S94-4.406 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,the County's rights under this agreement and/or any deposit,bond,or letter of credit securing said
rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill
all the terms of this agreement as though Subdivider had contracted with the city originally.
13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said Subdivision.
RL:kw
G:%GrpData\EngSvcUorge12000Wovembcr\ns499AG30.doc
Rev.April 6,2000
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of o, OPTIONAL SECTION
County of CAPACITY CLAIMED BY SIGNER
On 0 aefore me 14 Leo Though statute does not require the Notary to fill
DATE N ME,TIT E,OF OFFICER E.G.,"JANE JJOT C" in the data below,doing so may prove invaluable
to persons relying on the document.
personally appearedl aU
0
NAMES)OF SIGNER(S) 0 INDIVIDUAL
0 CORPORATE OFFICER(S)
V'personally known to me-OR-0 provided to me on the basis of satisfactory evidence to
be the person(s)whose name(s)is/are TITLE(S)
subscribed to the within instrument and
acknowledged to me that he/she/they executed 0 PARTNER(S) 0 LIMITED
two
ft� the same in his/her/their authorized
PATRICIA A.DYKES 0 GENERAL
_3 X capacity(ies),and that by his/her/their
D ATTORNEY-IN-FACT
COMM.NO.1237545 signature(s)on the instrument the person(s)or
NOTARY PUBLIC-CALIFORNIA (nthe entity upon behalf of which the person(s) 0 TRUSTEE(S)
CONTRA COSTA COUNTY to 0 GUARDIAN/CONSERVATOR
acted,executed the instrument.
My comm.expires Oct.10,2003 hi0 OTHER:
WITNIrS'J my hand an ffit i I e
,
SIGNER IS REPRESENTING:
r(NAME OF PERSON(S)OR ENTITY(IES))
S GNAT
0 acknowledged to me that such corporation executed the within instrument pursuant to its Board
of Directors.
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the adjacent data is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment of this form
INSTRUCTIONS TO 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. 'Be name
must be signed exactly as it is typed or printed.
,i
Ii. SIGNATURES FOR INDIVIDUALS,-The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
Ill. SIGNATURES FOR"PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the
authority to sign for and bind the partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should be signed by two officers,one from each of the following two groups:
GROUP 1 a The Chair of the Board
b The President
c c
Any Vice-President
GROUP 2. la The Secretary
b An Assistant Secretary
c c
The Chief Financial Officer
The Assistant Treasurer
If signatures of officers authorizinthe erson cers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board
of Dir
signing
powerthe instrument to execute instruments of the type in question is required. A currently valid
g p *
power of attorney,notarized,will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
it. and acknowledged to me that such corporation 0 executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
JC:mw:df
Rev.January 13,2004
I
DENovA HOMES
CORPORATE RESOLUTION
I, David B. Sanson, the Secretary of DeNova Homes, Inc. (the Corporation) hereby
certify that at a meeting of the Board of Directors of the Corporation, which was duly
held on November 3, 2000,the following resolutions were duly adopted.
RESOLVED FURTHER, that David B. Sanson, President is authorized and directed in
the name of this Corporation, and in its own act, to be the sole Corporate signer for the
Subdivision Agreement and all acts to facilitate recordation of the final map for Minor
Subdivision 9900041 "Wild Oak Estates, Walnut Creek CA.
RESOLVED FURTHER, that the Secretary of the Corporation is directed to certify these
resolutions and to deliver such certification in support of the authority of the above
officers to act on behalf of this Corporation.
David B. Sanson
1£349 Clayton Road
Concord, CA 94520-2513
925-685-0110 • Fax 925-685-0660
i
MS 99-0004
Subdivision:
Bond No.: S503013
IMPROVEMENT SECURITY BOND
FOR SUBDIVISION AGREEMENT .
s
(Performance, Guarantee, and Payment)
(California Government Code §§ 66499 - 66499.10)
1. RECITAL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to
install and pay for street, drainage, and other improvements in Subdivision Ms 99-ono4
as specified in the Subdivision Agreement, and to complete said work within the time
specified for completion in the Subdivision Agreement, all in accordance with State and local laws and
rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said
Subdivision.
DENOVA HOMES, ,.INC.
2. OBLIGATION: as Principal,and
FINANCIAL PACIFIC INSURANCE COMPANY ,a corporation organized existing
under the laws of the State of CALIFORNIA and authorized to transact surety business in
California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors, and assigns to the County of Contra Costa, California to pay it:
A. Performance and'Guarantee:EIGHTY FIVE THOUSAND AND NO/100 ******** ($ 85.9000-00
*************** ) for itself or any city assignee under the above County Subdivision
Agreement, plus `
B. Payment: _FnRTv Tu,.SFE TH()1I_gAND ANn Nn 11 00 ********************** Dollars ($
_43s000.00 ************ ) to secure the claims to which reference is made in Title XV
(commencing with Section 3082) of Part 4 of Division III of the Civil Code of the State of
California.
3. CONDITION:
A. The Condition of this obligation as to Section 2.(A) above is such that if the above bonded Principal,
or principal's heirs, executors, administrators, successors or assigns, shall in all things stand to and
abide by, and well and truly keep and perform the covenants, conditions and provisions,in the said
agreement and any alteration thereof made as therein provided, on it or its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their true
intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city
assignee), its officers, agents and employees, as therein stipulated,then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee) in successfully enforcing such obligation, all to be taxed as
costs and included in any judgement rendered.
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 agreement and referred to in the aforesaid Civil Code for materials furnished or labor
thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount herein
above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact
amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee) in successfully enforcing such obligation, to be awarded and
fixed by the court, and 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 condition 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 shall relieve any Surety from liability on this bond; and consent is
hereby given to make such alteration without further notice to or consent by 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 Principal whenever taken.
SIGNED AND SEALED on NOVEMBER 2y 2000
PRINCIPAL: DENOVA HOMES, INC. SURETY: FINANCIAL PACIFIC INSURANCE COMPAN)
Address: 1849 CLAYTON ROAD, Address: P
.0, BOX 292220
City: Zip: GA g�52n citk- SACIRAMANTO CA Zip: 9A5829-2220
C
By: 01 By
Print Name: A V1 0 Cj 50d Print&ame: ANNELI E I. DOUGL S S
Title: 774ee7 OCk;r ` Title: ATTORNEY-TN-FAr..T \1J
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\\PWS"FLAI DATA\GrpData\EngSvc\Fonns\BN WORD\BN-12.doc
L I M I POWER
OF
AT
RNEY
Financial Pacific Insurance Company
BOND NUMBER S503013 POWER NUMBER 503013
PRINCIPAL DENOVA HOMES, INC. PENAL $85,000,00
SUM
KNOW ALL MEN BY THESE PRESENTS, that Financial Pacific Insurance Company, a California corporation (the "Company"),
does hereby make, constitute and.`appoint:
Annelie I. Douglass
its true and lawful Attorneys in-Fact,.with limited power and authority for and on behalf of ori a urety, to execute, deliver and affix
the seal of the Company thereto if a seal is required on bonds, undertakings, reco niza a ;fit.' ' " 11 ations in the nature thereof as
follows: g � g
Nota -Public Bid Performance Pa ment, "cen 0$200,000
ry y
and to bind the Company thereby. This Power of Attorne r and by the authority of the following
resolutions adopted b the Board of Directors of Financ' ~
p Y �.'. my held July 6, 1995, which are now in
full force and effect:
RESOLVED
or an , r�.a _ o��.y Assistant Secretary, may a point
. � p
attorneys-in-fact or as de t°' appo ntm'et*'i ,each case, for and on behalf of
the Company, to exec n asrecognizance�x� .utetyship obligations of all
kinds; and said officers may a "ov u} F>> ; e,. f kt orney prev �d such person.
RESOLV Y• s RTHER that a = w„ `
` ligation;�:;��aIL!%,e va'`AAi� w��t ing upon the
Company when sig sand sealed if a sear ` �� '
P Y g ( e a r�ttant q andwIt p the Its the authority
evidenced by the power of att m%���issued b i pa
r- ,. � '�� #':� _"�- ''•dim�
A
RESOLVED FUR EE%LhhCk%1.._t. WA
ature of an aut ryrnY a 'i facsimile to any
ower of attorne or certificatioreizin the execution k ,*: r�., : �4 y .`i
P Y g .,. tge .:rangy.: other suretyship
obligations of the Company; a, such si n�a. re and seal wheny ;t - �" y P
g P Y�_ g used t oras fh� at'1y affixed.
Ah-
Lr ; t' s is ific Insurance mpa�ny ha..cause these presents-t ned by its pc er officers, and its
corporate seal 41
•
wh
,ru.
oG. QPOA '
qLY
�JLY :.0_ Robert T. Kingsley, President John Hollingsh a secretary
1986Eli
' ,,,`\,# � nen: ,a �. "+'�� .r '•�„�µf nna'`5tY w F_'` +vr,:�
STASAC A I _ �. r:
O M :, _:
AV
n h- 15 veanb 1 9, r a y c e- efore mei obe Wiley a Jo' R : lei gsh,ad, to me known to be the
in 'dui, ffK: WLAcial`racr
i
r: „Co ay, ho e ,ut e.,:: u400tx, e and; Cyyeiacknowledged the execution
of the same,and being by me duly sworn, did severally depose and say that they are the said officers of the corporation aforesaid and that the seal
affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed
and subscribed to the said instrument by the authority of the Board of Directors of said corporation.
o1 or r ANN SCNREMP 40
�1 Comm.# 1131641
"' • NOTARY PUBLIC•CALFORNIA
Sacramento County
LI" pAN
My Comm.Expires Mar.274 2001 4 Ann Schremp, Notary Public
I`
CERTIFICATE
I, the undersigned Secretary of Financial Pacific Insurance Company, a California corporation, DO HEREBY CERTIFY that this
Power of Attorney remains in full force and effect and has not been revoked and furthermore, that the resolutions of the B and of Directors set
forth, and that the.relevant provisions of the By-Laws of the Company,are now in full force and effect.
Signed and sealed at Sacramento, this 2ND day of NOVEMBER, 2000
John Hollingshead, Secretary
Financial Pacific
Insurance Company
seal must
be affixed
TaXco!!!Spes Office
' urt Street Contra William J.Pollacek
County Treasurer-Tax Collector
Finance Building,Room 100
Costa
P.0.Box 631 Joseph L.Martinez
Martinez,California 94553-0063 County Assistant Tax Collector
(925)646-4122
(925)646-4135 FAX Joslyn Mitchell
Tax Operations Supervisor
•
• t
•
11/8/2000
IF THIS TRACT IS NOT FILED BY DECEMBER 31, 2000, THIS LETTER IS VOID.
This will certify that I have examined the map of the proposed subdivision entitled:
TRACT \ M.S. CITY T.R.A.
99-004 WALNUT CREEK 98002
Parcel#: .180-321-008-5 180-321-009-3
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 current 2000-2001 tax lien has been paid in full.
Our estimate of the 2000-2001 supplemental tax lien is $ 0.00
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.
WILLIAM J. POLLACEK,
Treasurer-Tax Coll ct r
By:
1' M
1'
1
DENovA HoMES
CORPORATE
RESOLUTION
I, David B. Sanson, the Secretary of DeNova Homes, Inc. (the Corporation) hereby
certify that at a meeting of the Board of Directors of the Corporation, which was duly
held on November 3, 2000,the following resolutions were duly adopted.
RESOLVED FURTHER, that David B. Sanson, President is authorized and directed in
the name of this Corporation, and in its own act, to be the sole Corporate signer for the
Subdivision Agreement and all acts to facilitate recordation of the final map for Minor
Subdivision 990004, "wild Oak Estates, walnut Creek CA.
RESOLVED FURTHER, that the Secretary of the Corporation is directed to certify these
resolutions and to deliver such certification in support of the authority of the above
officers to act on behalf of this Corporation.
David B. Sanson
1849 Clayton Road
Concord, CA 94520-2513
925-685-0110 • Fax 925-685-0660
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COUNTY OF CONTRA COSTA
DEPOSIT PERMIT �
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ, - lr
TO THE TREASURER: R Z, f ��
RECEIVED FROM /VQ V 2 2
j
ORGANIZATION NUMBER
�+Lv
- (For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND ORGY--- SUB.—..''
TASK OPTION ACTIVITY AMOUNT
ACCT.
$
�)0 60 043 7L I I 1 1111111 111 1 1- 1 1
'�l
5.,01.9I- t I I I I I I
7�z.l 7�?d-3 1
c�9 )958 THR LL /9471 6-40 0
I I I I I f .1
#I i)U'V t�l f r)4FIVT
i
}} Do- ob/0 r1 C "� :_�R i4TE D 4t Vfij*)5
jh i)-P el 4e U
' D
S TR r j 3 15
H,I I tj I _�_71_-4 1 1 1 1 1 1 1 1 1 1 1 1 1 D 73�4 1D�
00 4. OD OJ420 01194
1 1 190
DO 6
Q I
_ _ •.iyy.' fr:`.F1{.,�:: ' r. .:i+�a.-� :1.��.v HI i. ,<.+ .:d .is.,v:"
.t " .,•L .L' 1 .
I
I
EXPLANATION: // TOTAL $
�•. DEPOSIT f 1
vI
Deposit consists of the following items
COIN and.CURRENCY $_ _1)s
CHECKS,M.C,ET ~� $ ►�_�
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBE3_%, NOV �� e!0
DATE /
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved -Receipt of above amount is hereby
deposit into the County Treasury. acknowledged.
Lb
Signed: Date//
`�
11
Signed: l i Si.ned:
Title: . f�T E Deput� Coun A it gAl_,pp_oy County Tnrasurerr
D-34 REV.(7-93)
819800: G1041006, - 4, cash bond, Tax I.D.# 68-0192453,
DeNova Homes Inc, 1849 Clayton RD, Concord, CA 94520-2513
831000: 610410071 $9590.00, M5 99-0004, IMP Plan Check, DeNova Homes
Inc, 1849 Clayton RD, Concord, CA 94520-2513
831000: 61041007, $300.00, M5 99-00041 Map Check Fee, DeNova Homes
Inc, 1948 Clayton RD, Concord, CA 94520-2513
831000: G1041008, Record of Survey, $500.00, RS 2517, Elliott V Ingram,
1310 La Vista Ave, Concord, CA 94521
831000: G1041009, $5,000.00, Encroachment Permit A-1433, Brentwood
Balfour Partners LLC, P O Box 75764, Stockton, CA 95267
831000: G1041012, $9,000.00, LP962019, Imp Plan Review overrun, The
Seven Hills School, 975 N. San Carlos Dr, Walnut Creek, CA 94598
. 831000: G1041013 $388.40, MS 64-90, Inspection Fee, Bradford Financial,
P O Box 1170101 Burlingame, CA 94011
831000: G1041025, $1,000.001 SUB 73241 Imp Plan Check, Western Pacific
Housing 300 N. Continental Blvd, Ste 390, EI Segundo, CA 90245
831000: G1041025, $1,000.00, SUB 7325, Imp Plan Check Western Pacific
Housing, 300 N. Continental Blvd, Ste 390, EI Segundo, CA 90245
Y
7
R V Ljv qq
1
FINAN
CLUA.L.LCIFIC
�y TM
916-630-3843 916-630-3743
Direct Dial Direct Facsimile
SURETY BOND RIDER
To be attached to and form a part of
Type of Bond : Subdivision Improvement Bond
Bond Number: S503013
Date Effective: November 2, 2000
Executed by: Denova Homes, Inc.
(PRINCIPAL)
and by : Financial Pacific Insurance Company
(SURETY)
in favor of Contra Costa County, Department of Public Works
(OBLIGEE)
In consideration of the mutual agreements herein contained the Principal and the Surety hereby
consent to changing: Reducing Penal Sum of Subdivision Bond
From: Eighty Five Thousand & 00/100 ($85,000.00)
To: Twelve Thousand Nine Hundred &00/100 ($12,900.00)
Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as
herein expressly stated.
This rider is effective : Februaa18,20032003
Signed and Sealed March 14, 2003
(MONTH,DAY,YEAR)
FINANCIAL PACIFIC INSURANCE COMPANY,
( SURETY)
By: ,V Af
DeLen i son (AttorneyIn-Fad)
FINANCIAL PACIFIC INSURANCE COMPANY
P.0. Box 292220
Sacramento California 95829-2220
LIMITED POWER
OF ATTORNEY
00
Financial PactVic Insurance Com an
P y
BOND NUMBER S503013 POWER NUMBER 701042
PRINCIPAL Denova Homes, Inc. PENAL SUM $129900.00
KNOW ALL MEN BY THESE PRESENTS,that Financial Pacific Insurance Company, a California corporation(the"Company"),
does hereby make,constitute and appoint:
Eric J. Fedors,DeLena Robinson,Melanie J. Huff
its true and lawful Attorneys-in-Fact,with limited power and authority for and on behalf of the Com: as surety,to execute,deliver and affix
the seal of the Company thereto if a seal is required on bonds,undertakings,recognizances or ether mitten obligations in the nature thereof as
follows:
Bid, Performance, Payment, Subdivision and Misce:'wuv u n ds exp to $390009000.00
and to bind the Company thereby. This Power of Attorney is si''ned and sealed by facsin i1: under and by the authority of the following
resolutions adopted by the Board of Directors of Financial Pacific nsuran+'e Catnpa A. the�teetin duly held Jul 6, 1995,which are now in
full force and effect: y
RESOLVED, that the President or an dice President, in conjunction vith the Secretary or any Assistant Secretary, may appoint
attorneys-in-fact or agents:v nth authority as denned or l rn ted in the strum ent evtdencinc the appointment in each case,for and on behalf of
the Company,to execute and deliver and affix,the seal the CQnparny to b+ rds unbdertak kgs,recognizances,and suretyship obligations of all
kinds;and said officers may remove any such�.ttorhey4n.4 t r agent and revoke any power of attorney previously'granted such person.
RESOLVED FURTHER, that any b ►nd, uzdertakn , recognizance, or surer ship obligation shall be valid and binding upon the
Company when signed and sealed (if a seal be required).by rine car more attorneys-in- act pursuant to and within the limits of the authority
evidenced by the power of attorney issued by,the Company,to such person or persons. y
RESOLVED FURTHER,,that the si nature of any authorized officer and the seal of the Company may be affixed by facsimile to any
power of attorney or certification thereof authorizing the execution and delivery of ani band, undt;rtakn ,reco nizance, or other suretyship
obligations of the Company; any such signature and seal when so used shall have the same force and effec as rho manually affixed. y p
IN ITESSER,O ,Financial Pacific Insurance Company has caused these presents to be signed by its:proper officers,and its
corporate seal to be heren: to affixed this l5th November,2002.
MS
PS\3LY 2,O '
=_ - Robert T.Kingsley,Presiders J R.Hollingshead,Secretary
1986 'v
.•
STA'T'E fJF CALIt�RNI1,COUN�T�'Y'OF�SACRAMEr1'�O
On this 15th day of 1'Jovember,202,personally came before me Robert T. Kingsley and Sohn R. Io.lingshead, to me known to be the
individuals and officers of Financial Pacific Insurance Company,who executed the above instrument,and they have acknowledged the execution
of the same,and being by me duly sworn,did severally depose and say that they are the said officers of the corporation aforesaid and that the seal
affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed
and subscribed to the said instrument by the authority of the Board of Directors of said corporation.
r ANN SCHREMP -�
Comm.#1298489 0
NOTARY PUBLIC-CALIFORNIA
I_ Placer County
f My Gomm.Expires Manch 27,2005 Ann Schremp,Notary Public
CERTIFICATE
I, the undersigned Secretary of Financial Pacific Insurance Company, a California corporation, DO HEREBY CERTIFY that this
Power of Attorney remains in full force and effect and has not been revoked and furthermore,that the resolutions of the Board of Directors set
forth, and that the relevant provisions of the By-Laws of the Company,are now in full force and effect.
14th March 03
Signed and sealed at Sacramento,this day of ,20
--- — — ---------
John ollingshead,Secretary
Financial Pacific
Ino-uranc;e Company
seal must
be affixed
w
r
FINA A TCL4 L PA
A A J L CIFIC dhi`•• TAI
Bond # S503013
Rider Containing
Disclosure Notice of Terrorism Coverage
The Terrorism Risk Insurance Act of 2002 requires Financial Pacific Insurance
Company (FPIC) to provide this disclosure notice. No action is required on your part.
This Disclosure Notice is incorporated in and made part of the attached bond. The
actual coverage provided by this bond for acts of terrorism is limited by the terms,
conditions, exclusions, limits other provisions of the bond any endorsements and
generally applicable rules of law.
Effective November 26, 2002 any losses caused by a certified act of terrorism would be
partially reimbursed by the United States of America to FPIC under a formula
established by the Terrorism Risk Act of 2002. Under this formula, The United States of
America reimburses 90% of covered terrorism losses exceeding the statutorily
established deductible paid by the insurance company providing the coverage.
There is a cap on FPIC's Liability to pay for such losses if the aggregate amount of
insured losses under The Act exceeds $100,000,000,000 during the applicable period
for all insured and insurer's combined. In that case, we will not be liable for payment of
any amount, which exceeds that aggregate amount of $100,000,000,000.
Your premium attributable to coverage for terrorist acts certified under The Act is Zero
Dollars ($0.00). The cost of terrorism coverage is subject to change on any bond where
premium is charged annually.
Signed and Sealed this 14th_day of March , 20 03 .
Financial Pacific Insurance Company
en Robinson7'Atfbr y-in-Fact
[Corporate Seal]
STATE OF CALIFORNIA )
)ss.
COUNTY OF PLACER )
On this 14th day of March 9 20 03
before me Ann Schr a Notary Public in and for the State of
California, personally appeared DeLena Robinson personally known
to me (or proved to me on the basis of satisfactory evidence) to be the
person (s) whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or the entity upon behalf
of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature C.,Kjy� ANN SCHREMP �
U Comm.#1298089
NOTARY PUBLIC-CALIFORNIA
L Placer County �
f" My Comm.Eames March 27,2005