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HomeMy WebLinkAboutMINUTES - 04082003 - C10 CA THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 8, 2003,by the fallowing vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER. AND DESAULNIER NOES: NONE ABSENT: NONE ABS'T'AIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO. 20031217 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8606,being developed by teak Treat Court, LLC, Walnut Creek area. (District III) The following documents were presented for Board approval this date: 1. Map The final map of Subdivision 8606, property located in the Walnut Creek area, Supervisorial District III, said map having been certified by the proper officials. It. Subdivision Agreement A subdivision agreement with Oak Treat Court, LLC, principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year frgxn 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 Lierty(3i3-2348) By= ATTESTED: APRIL 08, 2003 c:\c l7ata Public Woks-T. Bell,Const a6io$o-zl.aoc JOHN SWEETEN Clerk of the Board of Supervisors and CC. Public Warks�T.Bell,Construction ' Current Planning,Cotntnuniry Development County Administrator T—02-38-04 Oak Treat Cows,LLC P.O.Box 367 3 Otimla,CA 94563 Developers Surety and Indemnity Company. By ,Deputy 17780 Fitch,Ste.200 f't Irvine,CA 92614 RESOLUTION NO.2003/ 217 SUBJECT: Approval of the Final Map and Subdivision Agreement for Subdivision 8606,being developed by flak Treat Court,LLC,Walnut Creek area. (District 111) DATE: April 8, 2003 WAGE: 2 A. Cash Bond Performance amount: $1,841.00 Auditor's Deposit Permit No. 391439 Date: August 14, 2002 Submitted by: Oak Treat Court, LLC Tax ID Number: 33-0999011 B. Surety Bond Bond Company: Developers Surety and Indemnity Company Bond Number: 8678695 Date: August 13, 2002 Performance Amount: $182,255.00 Labor&Materials Amount: $92,048.00 Principal: Oak'Treat Court,LLC 111. 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 2002-2003 tax lien has been paid in full and that the estimate of the 2003-2004 tax lien is estimated to be $32,400.00,with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company Developers Surety and Indemnity Company Band Number: 8685065 Date: March 24, 2003 Amount: $32,400.00 Submitted by: Oak Treat Court, LLC 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. RES4Lb-HON NO. 2003/21.7 SUBDIVISION AGIMEMENT (Government Code§66462 and§66463) Subdivision: SD018606 Principal: OAK TREAT COURT,LLC Effective Date: Ctttnpietion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CON'T'RA COSTA COL`N`I`Y PRINCIPAL Maurice M.Shiu,Public Works Director Oak Treat Court,LLC By ( ` yQ h 44 {sig 6t-7 xt a2 titit) John F.McGuire-Maj ing Member RECOM ENDED F R R VAL $y: (signature) Services Division (Print name st tint) i rr-< FORM APP V D: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged: If Principal is incorporated, signatures must conform with the designated representatiw groups pursuant to Corporations Cade§§313,) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Cour and the above-mentioned Principal,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code (including future amendments thereto). Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof,as required by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECMTY: Upon executing this agreement, Principal shall, pursuant to Government Code§66499 and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: 5 1,841.00 cash,plus additional security,in the amount:S 182,255.00 which together total one hundred percent(1001/16)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,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.-$92,048.00,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 JC Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees payment to the contractor, subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securities may be reduced in accordance with§944.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Principal guarantees that said work shall be free from defects in or workmanship and shall perform satisfactorily for a period of one(1)year frond 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. PLANET ESTABLISHMENT WORK. Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish 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 any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are County and County's special district,elective and appointive boards, commissions,officers,agents acrd 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 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 causing,liability are any act or omission(negligent or non-negligent) in connection with the matters covered by this Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them, D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of 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. M SURVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11, NON-PER QRMANCE 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 work,Principal agrees to pay all attorneys 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 originally. The provisions of paragraph 8 (lndemenity)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:IDAad G:\Gr pDa;alErSSvclPor;rMGs WORUAG-34.doc Rev. October 25,2001 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT e State of OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER On ,before me, 0_ Though statute does not require the Notary to till in DATE NAME,TITLE OF OFFICER E.G.,"IANT DOS,NOTARY PUBLIC" the data below,doing so May prove invaluable to x persons relying on the document. personally appeared N stGNBR(s) D INDIVIDUAL ❑ personally known tome-OR-❑ proved to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S) 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 ❑ PARTNER(S) ❑ LIMITED K. DEGAIRf—It the same in hiAer/their authorized eir ❑ GENERAL G- COMM. 1242827 � signature(s)p (ts)on the nstrument theherson s or ❑ ATTORNEY-IN-FACT LIi N x NT!ARY PU-BLIC'-CALiFOPNCA the entity uon behalf of which the person(} ❑ TRUSTEE(S) CONTRA COS i A COUNTY .r <, , acted,executed the instrument. 11 GUARDIAN/CONSERVATORs My C rnm.ExpNov.22.200„ )( OTHER: jZ*, _ WITNESS y nd and M ial seal, 9 SIGNER IS REPRESENTING: (NANO OF PERSON(S)OR ENTITY(tES)) GNA RS NOTARY 8 OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO TIME 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 informationn 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. L FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. 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. III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have e authority to sign for and bindthe partnership. IV. SI NAn=S FC R QMORATIQNS Documents should signs by two officers,one from each of the following two groups: GROUP 1. Naair 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 onlyone group,must contain the following phrase: "...and acknowledged to me that such corporation executed the witin instrument pursuant to its by-laws or a resolution of its Board of Directors." X=w \TWS4VSHAR.DATA\GrpData\EngSvc\Form\WORD FORMS4ALL PURPOSE NOTARY.doc lax � r ll b Ikit � lit, b x� Wilil ,� p X81 , �Vtzb NIS Allis NAM: to glibilb a 1up ; gill �g 4 l 1111 c 1 0 E. R g Igo PQ 9 egill lit Cgi I �b fix lob 5 � b 1 14 fix bit� � l fi t Ilia b list, A s � ` w K - s P140 w rr� M �Yo tt � � avoir to 0%i 0" 1itell, �rr t4 N N3d 5Y ��,� .._....--- ,s�-•. � i0'6uY61 At17F6 ..J...----..-�•...-_...�-St� ...��i� ' Ell avow AVO 51� ki I � ta�Yaraa€�c9s c��fs z5L1'i i f 3 a se .96'90M.M .i Yt Y ,9$141 3 9 3.iL.M.BC+N 13.� YSr t .rte At`9t 0 i t t si a sd 1 A1,64 M tr�at9os k $ srs �� i ixvz is nz `+z m x bs-n ,cro'ac M,it,st f ` t.iY.91sfk7e ev y1 Y .66'Z y f a sre _ "� 9rs stis et t .69'91 .99 tD ;n k ROM ct i COUNTY OF CONTRA COSTA raj lw f ca 4)EPt mir PERMIT � OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM I ORGANIZATION NUMBER (0mar imfion) (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. S UT TASK OPTION ACTIVITY AMOUNT 1 r.. }/ F lid I / i .2 Nfig III i.. L 00 EXPLANATION: j '. TOTAL DEPOSITr'I ' `1 C r ) r Deposit consists of the following items � ' / COIN and CURRENCY CHECKS,M.C.,ETC. $ ; 1 BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT ©p NUMBER DATE 1439 AuGA41,1' ASSIGN 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.,reasury. acknowledged /f r Signed Signed: Signed: Title:Lk / _ XT1-2. ' 'L .. ..•- •: Deputy County Treasurer 0-34REY(x-9s) � � �r''C L-t C.� �` �i f �� 4".t..✓�',"" .L t t T t t S l� `L*r' lilim ,, . .- T PERMIT OFFICE OF COU04TY*L*ITOR-CONTROLLER J THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ( } ORGANIZATION NUMBER (OWniwfiw) t (for Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. �U& TASK OPTION ACTIVITY AMOUNT $ t U Niplil- 1- 1 -11 I fit — t l � i t - L—L-1111 lilt t t t t t t t l s I I t I t i t I I f I EXPLANATION: TOTAL $ � DEPOSIT Deposit consists of the following items COIN orrd•GURRQNCY $ CHECKS,MR).;ETC. BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT NUMBER 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 he Courx" asury, ockno�xlRdged. Signed. t-' i d!2—Date PIL&I ^— Signed: Signed: 1� ` Title: .>, 1jJEJtL :7''" Deputy o y Audi De uty County Treasurer. )-34 REV.(7-93) l [y 000649-9665 / 831000: 61093856, Oak Treat Court, LLC, PO Box 94563, Orinda, CA 94563 $11,516.54, SUB 8606 Improvement Plan Check $11,784.0, SUB 8606 Inspection Fee Deposit 828800-0800: 61094041, $1,684.00, SUB 7578 Lot 36 Traffic Fees, Toll Brothers, Inc., 100 Park Place, Ste 140, San Ramon, CA 94583 821500-0800: 61094041, W4.0 0, SUB 7578 Lot 36 Traffic Fees, Toll Brothers, Inc., 100 Park Place, Ste 140, San Ramon, CA 94583 819800-0800: 61093848, $14.990.00, SUB 8156 Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 819800-0800: 61093850, $44,330.00, RA 1123 Cash Bond, Windemere BLC Land Company, LLC, 3130 Craw Canyon #310, San Ramon, CA 94583 819800-0800: 61093853, $16,790.00, SUB 8155 Cash Bond, Windemere BLC Land Company, LLC, 3130 Crow Canyon #310, San Ramon, CA 94583 819800-0800: 61093854, $1-841.00, SUB 8606 Cash Bond, Oak Treat Court, LLC, PO Box 94563, Orinda, CA 94563 819800-0800: 61093857, $15,000.00, FC Permit #617-00 Cash Bond, City of Brentwood, 708 Third Street, Brentwood, CA 94513 Subdivision. 8606 Bond No. 8678696 Premium: $3,281.00 for a term of One (01) year. Premium is based on contract amount. IMTROVEMENT SECURITY BOND FOR SuBI)IVIsm AGREEmiENT (Performance, Guarantee and Payment) (California.Government Cade §§ 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 8606, 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 final map or parcel map for said subdivision. 2. OBLIGAATION: Oak Treat Court, LLC as principal and Developers Surety and Indemnity Company, a corporation organized and existing under the laws of the State of Iowa and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee: One Hundred Eighty Two Thousand,Two Hundred Fifty Five and 00/100 Dollars($182,255.00)for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: Ninety Two Thousand,Forty Eight and 00/100 Dollars($92,048.00)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 reasonable costs,expenses and,fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.B.) above, is such that said principal and the undersigned, as corporate surety, are held firmly bound unto the County of Contra Costa and all contractors, subcontractors,laborers,material men and other persons employed in the performance of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor and that said surety will pay the same in an amount not exceeding the amount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact amount thereof, reasonable costs, expenses and fees, including reasonable attorney's fees, incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court, all to be taxed as costs and to be included in the judgement therein rendered. It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the work under conditions of this bond be fully performed,then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the principal and the County of Contra Costa(or city assignee)shall relieve the surety from liability on this bond;and consent is hereby given to make such alteration without 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 AND SEALED on August 13, 2002 PRINCIPAL: Oak Treat Court, LLC SURETY: Developers Surety and Indemnity Company Address: P. O. Box 367 Address: 17780 Fitch, Suite 200 City: Orinda Zip: 94563 City: Irvine Zip: 92614 i {x By:,1 Pri" ame: John F. McGuire Print Name John Daley Title: Managing Member Title: Attorney-in-Fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California OPTIONAL SECTION Countyof Contra Costa CAPACITY CLAIMED BY SIGNER On 3/1212003,before me,-.-.Tan v C inohi l la. lyar_ ry P h i r Though statute does not require the Notary to tilt in DATE ?NAME TCSZE ox oFFicER Is,�AxE Do xaA PLBLIC' the data below,doing so may prove invaluable to personally appeared .Sohn Daley persons relying on the document. NAMB(s}of sIC}tffiR(s) INDIVIDUAL, personally known to me- CORPORATE OFFICER(S) be the person(*whose name(s)Wave- TnLE{s) subscribed to the within instrument and acknowledged to me that he/shMhey executed PARTNER(S) L ZM ITEO a same in his/herhheir authorized GENERAL ac.ty0es),and that by his/ ){ TANYA CH NCH1LLA ignature(a}on the instrument the person(s)or ATTORNEY-IN-FACT Commi�.5ion# 1375153 a entity upon behalf of which the person(+ TRUSTEE(S) 5 NO;tory Puba IC - Calltotnic ted,executed the instrument. GUARDIAN/CONSERVATOR Contra Costa County OTHER: lt4'y Comm.Ewoes Sep 16 S my hand anA officseal, SIGNER IS REPRESENTING: {NAME of PERSON(S)OR EN rTY(TES)1 SMN AT FNOTARY <w Developer$ Surety and Indemnity OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document Bond #867869S TO THE DOCUMENT AT RIGRr. ?dumber of Pages One (01) Two sided Though the data below is not required by law,it may prove valuable Date of Document August 13, 2002 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 sign exec y as it is typed or printed. 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 state Ill. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have e au onty to sign tor and 5indthe-partnership. IV. SIGNATURES FOR CORPORATIONS ocuments s ou signed y two o iters,one from each of the following two groups: GROUP 1. Nc The Chair of the Board The President Any Vice-President GROUP 2, N'dd- The Secretary An Assistant Secretary TheChief Financial t7 icer 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: ..and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." lc3nw 0:1GrpD&a1En$Sv0Porms\WORD FORMSUILL PURPOSE xOTARY.doc I, CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California OPTIONALSECTION County of Contra Costa CAPACITY CLAIM BY SIGNER On 3/12/03 before me, Tanyil Chirtc r t<, r�lb 1 i r 'though statute dues not require the Notary to fill in DATE x�.T � Etr,"rte ix� TRY ��" the data below,doing to may prove invaluable to personally appeared .john F. McGuire persons relying on the document. P S UP 3) INDNTDUAL R• proved to me on the basis ofsadswtory evidence to CORPORATE OFFICER(S) be the person(*whose name(s)islma, s) subscribed to the within instrument and _ oiarowledged to me diad he1sh&4WW executed PARTNERS) LDT= TA #YA CI}INCHiLLA same in hh�auth orized GENERALacity{IESJ;and iitat by hl ATTORNEY-IN FACT Com.rn+sslon # 1375153 gnature(syoa the instrument the person(e)or TRUSTEE(S) Notary Public - Caiifornia entity upon behalf of which the person(s)- tTUAR37IANlCC3NSERVATOR Centra Costa CounL��SS dexecuted the instrument. X OTTER: Managing Member My Comai. pIres Sep,b, my hand and official spL 1 SIGNER L5 ItEPRES;SNTING. w (NAM OP rBasoNis)oa.sNrrrYCS)) - -- QFTWTARY 7'jOak Treat Court, LLC OPTIONAL SECTION TIES CERTIFICATE MUST BE ATTACKED Title or Type of Document Bond #867869S TO THE T ocmdENT AT RIGHT. Number of Pages One (01) Two aided Though the data.below Is not required by law,it may prove valuable Dabs ofDocurrment August 13, 2002 to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above reattachment of this form INSTRUCTIONS TO NOTARY The fallowing 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 sign y as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signers interest in the property must be state 111. SIGNATURES FOR PARTNERSHIPS -ffiparty must be either a general partner or be authorized in writing to have au. e ority to slgn or m e parte p. IV. SIGNATURES FOR CORPORATIONS ocu>:nents sHoMd 5i fi—p-R by two o vers,one from each of the following two groups: GROUP 1. Ma The Chair of the Board The President Any dice-President GROUP 2. a The Secretary An Assistant Secretary ClThe 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 personsi g the uistrument to execute instruments of the type in question is required.A currently valid power of attorney,notarized,will su ce. Notarization of only one corporate signature or signatures from only vne group,must contain the following phrase: and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." ic=W Qrr.t s ,s\warD PoRNswi i,PURPOSE NrirARY.dae POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623>(949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: *** John Daley, M.R. Prenger, C. Smith, Lin Barnett, jointly or severally *** as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to he done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorneys)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November I,2080: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney.qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship; and that the Secretary orany Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney: RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate beaming such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to .any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF. DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8"'day of January.2002. By AND /y� ,+ PANYO David H.Rhodes.Executive Vice Presidentcam, '�'Pt3RgrF ""FC? O ,4 OCT. o 1936 ;moo� w 1967 z By Walter A.Crowell, Secretary ~y'% a'� !t7IWa.. •a ''i GIFOP \� '•�,,,,.,�;,,.,,..�•`'`� it STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE } On January 8,2002,before me,Antonio Alvarado,personally appeared David H. Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the nersons acted.executed the instrrament. WITNESS my hand and official seal. ANTONIO ALVARADO L� COMM.#1300303 / Notary Public-California fL^'" O'� ORANGE COUNTY Signature y Comm.Expires APRIL 10,2005 CERTIFICATE The undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions o€the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 13THdny of August 2002 i By David G.Lane,Chief Operating Officer ID-1380(01/02) 3/,.24..103 ALLIANCE$42 8606 Tax Collector's Office William J.PollacelC 625 Court Street Contra County Treasurer-Tax Collector Finance Building, Room 100 P.o.Box 639 /� Russell V.watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925x)646-4135 FAX County Tax operations Supervisor Date: 3124/2003 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/M3# City T.R.A. 6606 WALNUT CREEK 98010 Parcel M 172-012-024-3 and have determined from the official tax records that there ars; no unpaid County taxes heretofore levied on the property included in the map. The 2002-2003 tax lien has been paid in full. Our estimate of the 2003-2004 tax lien, which became a lien on the first day of January, 2003 is > $32,400.O0 This tract is not Subject to a 1915 Act Bond. 1f 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 band 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-Tex oll cor ev: yP r :J rn sN � c3 IP m z � r1 tp ol3 �-. Zb TPIip�. b �a 1NSCO INSURANCE SERVICES, INC. In� I � Underwriting Manager for: C �� Developers Surety and Indemnity Company Indemnity Company of California 17760 Fitch,Suite 200•Irvine,California 92614•(949)263-3300 SUBDIVISION TAX BOND BOND NO.: 8685065 $ 648.00 premium is for a term of ONE(01) years) KNOW ALL MEN BY THESE PRESENTS: THAT we, OAK TREAT COURT,LLC as Principal, and DEVELOPERS SURETY AND INDEMNITY COMPANY a corporation organized and doing business under and by virtue of the taws of the State of IOWA and duly licensed to conduct a general surety business in the State of California as Surety,are held and firmly bound unto CONTRA COSTA COUNTY as Obligee, in the sum of THIRTY TWO THOUSAND FOUR HUNDRED AND NO/100-----------------------------------------_-- -—---------------------—----—--------------------------___ --- ---------------------------- Dollars, for which payment,well and truly to be made,we bind ourselves, our heirs,executors and successors,jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS,the above bounden Principal is the owner of that tract of land situated in WALNUT CREEK,CALIFORNIA County,California,and described as follows: TRACT/MS#8606,>.PARCEL#:172-012-024-3 DATE, `1`� _%= BOND RIVIEW D AND APPR D CONTRA.0081 A COUNTY TRI�A COLLECTOR BY: �'. NOW THEREFORE,if the said Principal shall pay,or cause to be paid,when due,all taxes,and all special assessments collected like taxes, for the year 2002-2043 ,which at the time of filing said map,are a lien against such subdivision, or any part thereof,but not yet payable,then this obligation shall cease and be void,otherwise it shall remain in full force and effect. IN WITNESS WHEREOF,the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact at WALNUT CREEK California,this 24TH day of MARCH 2403 YEAR OAK TREAT COURT, LLC DEVELOPERS SURETY AND INDEMNITY COMPANY Principal Surety BY a••. �' " BY:{ 4 � JOHND EY Attcrncy-in-Fart ID-1208(CA)(REV.1/01) STATE OF California SS. COUNTY OF Contra Costa On MARCH 24, 2043 before me, Tanya Chinchilla,Notary Public PERSONALLYAPPEARED John Daley , personally known to me and )to be the personal whose narne(30 islwx.subscribed to the within instrument and acknowledged to me that he/*z&�M executed the same in hiskg**k cuathorized capacity(&IL and that by hisljwkjrk signature(4j on the.instrument the person(, or the entity upon behay7A PYA C�!NCHi wA of which the person( acted,executed the instrument. C®, r ;ss,�r: 1375153 WITNESS my hand and rectal seal. � � Co^s; Costa Ccs nTY my Cornu.Exp res Sep 16,2C;C6 Signature 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 CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL ❑ CORPORATE OFFICER BOND NUMBER: 8685465 TITLE OF TYPE OF DOCUMENT TITLE(S) I PARTNER(S) 10 LIMITED 0 GENERAL ONE (01)I ATTORNEY-IN-FACT NUMBER OF PACES El TRUSTEE(S) 0 GUARDIAN/CONSERVATOR I1 OTHER: MARCH 24, 2043 [TATE OF DOCUMENT SIGNER IS REPRESENTING: NAM€OF PERSOWS)W ENrtMMS) DEVELOPERS SURETY AND INDEMNITY COMPANY NIA SIGNER(S)OTHER THAN NAMED ABOVE I°-1232(REV.51011 ALL-PURPOSE ACKNOWLEDGEMENT POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623•(949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: *** .John Daley, M.R. Prenger, C. Smith, Lin Barnett, jointly or severally *** as their true and lawful Attorney(s)-in-Fact,io make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Anorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLVED,than the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be,and each of ahem hereby is,authorized to attest the execution of any such Power o€Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shat]be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President rind attested by their respective Secretary this 8°i day of January,21002. a atatt##f#ttt#Y#t##t# By: ,��t Anka.14e, , ?ANY O David H.Rhodes,Executive Vice President *,'�v;:�VL? Rgr y OCT. �/� "pdj67 By. � , Waiter A.Crowell, Secretary . �7x��`^�C/WP,. �d ` y4 FOV-k� X' STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On January 8,2002,before me,Antonio Alvarado,personally appeared David H. Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the nersons acted.executed the instrument. WITNESS my hand and official seat. r ANTONIO ALVARADO « trl COMM.#1300303 Notary Public-California ORANGE COUNTY Sia nature My Comm.Expires APR#IL 10,2005 LZ CERTIFICATE The undersigned,as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 24TH day of MARCH 2003 By David G.Lane,Chief Operating Officer I D-1380(01/02) CALIFORNIA ALL.-PURPOSE ACKNOWLEDGMENT K State of California y County of _ -- 1 On �-� i {��� ` before me, Data _ Name and TO"of C.'im*g,'Jane pos,No""Public"} personally appeared t ,'� , ,E f Hams{s}of S7ynsr(s} ❑personally known to me proved to me on the basis of satisfactory evidence to be the person whose named # aye~ LISA A.DALZIEL subscribed to the within instrument and Commission# 1377110 acknowledged to me a`(ho�t y executed Notary Public - California the same in hi9l;iaA44e4 kthorized Contra Costa County r capacity ° and that by hi&�erir MyCorrim.E:�sStep2&2006 signature on the Instrument the persory( , or ,.r the entity upon behalf of which the person} acted, executed the Instrument. 4, d 1Nl;4SS my hen azNot4k 'f 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: r. Document Date: _.. Number of Pages: cx Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer Signer's Name: D Individual Top of thumb here D Corporate Officer—Title(s): ?'. ❑ Partner—❑Limited ❑General ( ❑ Attorney-in-Fact j ❑ "trustee � ❑ Guardian or Conservator f D Other: Signer is Representing: — 0!999 Nlationai Notary Association. 9350 Do Soto Aw,P.O.Box 2402 Chatsworth,CA 91313.2402"www.nationalrotary.org Prod.Poo.5907 goorder:Call Toll-fres 1-800-876-6827