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MINUTES - 05132003 - C4-C8
05i14I23,Z CONTRA COSTA Co Recorder Office STEPS L. WEIR Clerk-Recorder THE BOARD OF SUPERVISORS OF CONTRA COST DOC—+ 200 -02243565-00 Wednossday, MAY 14, 2003 08:28:14 FRE $0.00 Adopted this Resolution on May 13, 2003 by the following vote Tt I Pd $0.00 Nbr-ON14$59V Irc/R9/1- AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER .AND DESAULNIEEt + NOES; NWE ABSENT: NONE ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO.2003/ 299 SUBJECT: Correcting error ofRoad Number on Resolution No.2003/229(accepting Wild Oak Court as a county road,Minor Subdivision 4-99, Walnut Creek area). (District III) The Public Works Director has notified this Board that the road number information on Board Resolution No. 2003/229 was incorrect. NOW THEREFORE BE IT RESOLVER that on the recommendation of the Public Works Director the following resolution is hereby CORRECTED: AREA AS ACCEPTED AS CORRECTED Wild Oak Court 424502 4245DZ PE:rm I hereby certify that this is a true and correct copy of an c;\orpoata EngSvcaao\2003\5-13-03\MS 4-99 B0.50.aac action taken and entered on the minutes;of the Board of Originator: Public Works(ES) Supervisors on the date shown. Contact: Rich Lserly(313-2348) cc: Public Warks Department Accounting ATTESTER; MAY 13, 2003 T.Ball,Constructions r Florin,M&T Lab JOHN SWEETEN,Clerk of the Berard of Supervisors H.Finch,Maintenance and County Administrator 1.Bergeron,Mapping Recorder,(via Clerk)then PW Records Sheriff-Patrol Division Commander CHP,c/o Al CSAR Cartog By �r ,Deputy RESOLUTION NO.2003/ 299 ''I'll''........................................................................................................................................................................................................ . .................................................. RECORDING REQUESTED BY: WEEN RECORDED MAJI,TO: CONTRA COSTA Co Recorder Office STEPHEN L. WEIR Clerk-Recorder DOC— 2003-0224356-00 W*dnesday, MAY 14, 2003 08:28:14 e-- FRE so.ee Tt I Pd $@,N Nbr-0001485987 1rc/R9/1-4 THIS SPACE FOR RECORDERS USE ONLY DOCUNENT 'HTLE THIS PAGE IS ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFO ADDITIONAL RECORDING FEES APPLIES `f224356 i.► i THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on.May 13, 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/ 299 SUBJECT: Correcting error of Road Number on Resolution No.20031229(accepting Wild Oak Court as a county road,Minor Subdivision 4-39,Walnut Creek area).(District III) The Public Works Director has notified this Board that the road number information on Board Resolution No. 20031229 was incorrect. NOW THEREFORE BE IT RESOLVED that on the recommendation of the Public Works Director the fallowing resolution is hereby CORRECTED: .AREA AS ACCEPTED AS CORRECTED Wild Oak Court 4245OZ 4245DZ PE:rm I hereby certify that this is a true and correct copy of an o:ZrpDaWagSv,c\ao\2003\5-13-03\MS 4-99 130-so.doc action taken and entered on the minutes of the hoard of Originator. Public works(ES) Supervisors on the date shown. Contact, Rich Lierly(313-2348) cc: Public Warks Department Accounting ATTESTED: MAY 13, 2003 T.Bell,Construction J.Florin,M&T Lab JOHN SWEETEN, Clerk of the Board of Supervisors H.Finch,n.Mappince and County Administrator 1.Bergeron.Mapping Recorder,(via Clerk)then PW Records Sheriff-Patrol Division Commander CHP,C/o Al CSAA-carte By a Deputy RESOLUTION NO.2003/ 299 CON'S COSTA Co Recorder Off sce !/V� STEM L,, UEIR Clerk-Recorder 224356 Retarded at the request of: DOC— LSOh'_01 146�T 9-00 Contra Costa County Wednesday, APR 16, 2003 12:006:13 Board of Supervisors FRE $0." Return to: 14 i Fid $#.N W4801432732 Public Works Department c 1 R9/1-1 ' Engineering Services Division 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 I_I I 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 to conjunction with the filing of the Parcel Map. PE.rrn G-\0rpData\EngSv013o12003\4-t5-03NMS 499 H0 45.doc orator: Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Rich Lierly(313-2348) action taken and entered on the minutes of the Board of c= Public Works -Tan I.D.69-039243,Accounting T.Bcli,construction Div. Supervisors on the date shown 4.Florin,M&.T Lab -H.Bergeron, Maintenance,MpiDiv, ATTESTED: APRIL 15, 2003 -I.Bexgeron,Ivlapping Div. r-4115104 JOHN SWEETEN, Clerk of the Board of Supervisors and Recorder(via C:terk),then PW Engineering Services Sheriff-PatmiDiv.Commander County Administrator CHP,c/o Ai CSAR Cartog DeNova Homes 1899 Clayton Road,Suite 110 Concord,CA 94520 By Deputy Financial Pacific Insurance Company P.O.Box 292220 Sacramento,CA 95829 RESOLUTION NO.2003/ 229 224356 ` s SUBJECT: Accepting completion of improvements and declaring Wild Oak Court and the widening of Walnut Boulevard as county roads, Minor Subdivision 4-99, Walnut Creep 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 ofthe Board is AUTHORIZED to release the surety less the amount of any claims on file. BE IT FURTHER RESOLVED that Wild flak Court the hereinafter described road,as shown and dedicated for public use on the Parcel Maps ofMinor Subdivision 4-99 filed January 9,2000,in Book 180 ofParcel Maps at Page 15,and Minor Subdivision 75-86 filed July 31, 198'7,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. ISA Name Road-R/W Widths Road No. System LengesMlesj Wild Oak Court varies 32'-50' 4245OZ 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, 2004, in Book 180 of Parcel Maps at page 15, Official Records of Centra 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 S,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 CONTRA COSTA Co 'Recorder office STIL. GEIR Clerk-Recorder Recorded at the request oft DOC— 200 —0174679-00 Contra Costa County Wsdnssday,, APR 16, 2003 12:06:15 Board of Supervisors FRE: $0.90 Return tWorks Department Public Ttl Pd $8.80 Nbr-0 1432732 Engineering Services Division I r c/R9/1—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 GLIA, 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 IIT} The Public Works Director has notified this Berard 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. PE:rm G.XGMDatatEngSvc\BO\200314.15-03\ S 4-99 B0 45.doc Originator: 'Public Works(ES) I hereby certify that this is a true and correct copy of an Contact: Rich iierly(313-2348) action taken and entered on the minutes of the Board of cc: Public Works -Tax I.D.6"19243,Accounting -T.Bell,Construction Div. Supervisors on the date shown. -J.Florin,M&T Lab -H.Finch,Maintenance Div. -i.Bergeron,Mapping Div. ATTESTED: APRIL 15, 2003 then P4 JO SWEETEN Clerk of the Board of Supervisors and Recorder(via C1crk),Hin PW Engineering Services , p Sheriff-Patrol Div.CommarWer County Administrator CHP,cto Al CSAA—Cartog DeNova Homes 1899 Clayton Road,Suite 11 U Concord,CA 94520 By— �-�' ,Deputy Financial Pacific insurance Company P.O.Box 292220 Sacramento,CA 95829 RESOLUTION NO.2003/ 229 SUBJECT: Accepting completion of improvements and declaring Wild flak Court and the widening of Walnut Boulevard as county roads, Minor Subdivision 4-99, Walnut Creek area. (District lff) 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 BAIti K SURETY December 19,2040 Financial Pacific Insurance Company BE IT FURTHER RESOLVED the payment(labor and materials) surety for $43,1100.00, 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. K aci Name Load-W Widths .Road No. Sy�tsm Lengths Mles) Wild Oak Court varies 32?-54' 4245OZ 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$12,900.40,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. 2403/229 .............................................................................................................................................................. �� �i i����� iii��i ��i���ii i������ ����� CONTRA COSTA Co Recorder Office STEPHEN L, WEIR Clerk-Recorder Recorded at the request of. DOC— 200 —0224357-00 Contra Costa County Board of Supervisors Wodn*sclay, MAY 14, 2003 08:28:18 Return to. FRE $0.00 Public Works Departrnent Engineering Services Division Ttl Pd $0.0@ Nbr-0001485988 Records Section Irc/RS/1-2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 13,2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKENA, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO. 2003/ 300 SUBJECT: Accepting completion ofprivate and public improvements for Minor Subdivision 21- 98, 1-98, Martinez area. (District H) The Public Works Director has notified this Board that the private (Fuller Oak Lane) and public (Alhambra Valley Road frontage) improvements in Minor Subdivision 21-98 have been completed as provided in the Subdivision Agreement with Kent D. Randall, Jennifer Randall, Anthony E. Ghisletta and Sara Randall Ghisletta,heretofore approved by this Board in conjunction with the filing of the Parcel Map. PE/:rm G:\GrpData\EngSvc\BO\2003\5-13-03\MS 21-98 BO-45.doc Originator: Public Works(ES) Contact: Rich Lierly(313-2348) cc: Public Works -SSRI 567-33-8856,Accounting I hereby certify that this is a true and correct copy of an action -T.Bell,Construction Div. taken and entered on the minutes of the Board of Supervisors on -M.Valdez,M&T Lab -H.Finch,Maintenance Div, the date shown. -1.Bergeron,Mapping Div. -P.Edwards,Engineering Services -T—5/13/04 ATTESTED: MAY 13, 2003 Recorder(via Clerk),then PW Engineering Services JOHN SWEETEN,Clerk of the Board of Supervisors and Sheriff-Patrol Div.Commander County Administrator CHP,c/b Al CSAA—Cartog Kent D.Randall,Jennifer Randall,Anthony E.Ghisletta and Sara Randall Ghisletta By Deputy 827 Sage Drive Martinez,CA 94553 Bank of Walnut Creek John Assity 1400 Civic Drive Walnut Creek,CA 94596 RESOLUTION NO.2003/ 300 a SUBJECT: Accepting completion ofprivate and public improvements for Minor Subdivision 21- 98,Martinez area. (District II) DATE: May 13, 2003 PAGE: 2 NOW THEREFORE BE IT RESOLVED that the improvements have been COMPLETED as of May 13,2003 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 March 19, 2002 Bank of Walnut Creek BE IT FURTHER RESOLVED the payment (labor and materials) surety for$59,850.00, Letter of Credit No. 100430 issued by the above bank be RETAINED for the six month lien guarantee period until November 13, 2003, at which time the Public Works Director is AUTHORIZED to arrange for the return of the letter of credit less the amount of any claims on file. BE IT FURTHER RESOLVED that the private improvements(Fuller Oak Lane)have been COMPLETED and the road is NOT ACCEPTED NOR DECLARED as a County road at this time. BE IT FURTHER RESOLVED that the beginning of the warranty period is hereby established for the public improvements(Alhambra Valley Road frontage),and the$1,200.00 cash deposit(Auditor's Deposit Permit No. 381938,dated Februray 21,2002)made by Kent D.Randall and the performance/maintence surety for$4,815.00,Letter of Credit No. 100430 issued by Bank of Walnut Creek be RETAINED pursuant to the requirements of Section 94-4.406 of the Ordinance Code until release by this Board. RESOLUTION NO. 2003/300 ............................................................................................... __ ''I'll-,..................................................................................................................... ................................................. V;ice TRE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on May 13, 2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKENA, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO.2003/301 SUBJECT: Amending Subdivision Agreement,Subdivision 7418, Martinez area. (District 11) The following substitute security to guarantee the road and drainage improvements as required by Title 9 of the County Ordinance Code was presented for Board approval this date: Security with Deluke Company Limited as principal in the form of a Letter of Credit(No. SB-308/03) dated April 16, 2003, and issued by Trans Pacific National Bank in the>amount of $344,800.00 for faithful performance and $174,150.00>for labor and materials. NOW THEREFORE BE IT RESOLVED that the Subdivision Agreement approved by the Board on September 21, 1999, is hereby AMENDED to allow substitution of the above-mentioned Letter of Credit in place of the corporate surety; BE IT FURTHER RESOLVED that the corporate surety with American Contractors Indemnity Company, (Bond No. 9018335 dated August 20, 1995)is EXONERATED. PE;rm G:\GrpData\EngSvcNBO\2003\5-13-03\SUB 7418 130-23.doc Originator: Public Works(ES) Contact, Rich Lierly(313-2348) 1 hereby certify that this is a true and correct copy of an action cc: Director of Community Development taken and entered on the minutes of the Board of Supervisors Public Works -Accounting -Construction on the date shown. Deluke Company Limited George Dai union Plaza,Suite 101 535 Arastradero Road ATTESTED: iMA-)L13, 2003 Palo Alto,CA 94306 JOHN SWEETEN,Clerk of the Board of Supervisors and Trans Pacific National Bank John Wong,Executive Vice President County Administrator 46 Second Street Son Francisco,CA 94105 1 American Contractors Indemnity 9841 Airport Blvd.,9*Floor By Deputy Los Angeles,CA 90045 American Contractors Indemnity Keith Sandrock 5776 Sioncridge Mail Roadm Suite 120 Pleasanton,CA 94588 RESOLUTION NO.2003/ 301 T R A. N S B--A--.N . ; w� Date: April 16, 2003 Irrevocable Standby Letter of Credit No. SB-308/03 In favor of: By order of.- Board f:Board of Supervisors Deluke Company Limited Contra Costa County Union Plaza Administration Building 535 Arastradero Road Suite 101 Martinez,CA 94553 Palo Alto, CA 94306 For amount of: US$518,950.00** (United States Dollars Five Hundred Eighteen Thousand Nine Hundred and Fifty only.) RE: Instrument of Credit delivered as Improvement Security: Combined Performance and Labor&Materials Security(Contra Costa County Ordinance Code Sections 94-4.406 and 94-4.408) Dear Board: Trans Pacific National Bank, a financial institution, regulated by the Federal Government of the United States of America,delivers to Contra Costa County this instrument of credit as security for certain improvements in accordance with the acquisition of the Sub-Division agreement, dated September 21, 1999, and referred to herein and by this reference made a part hereof, subject to the following conditions: 46 Second Street Sate Francisco,CA 94105-3440 (415)543-337'7 FAX: (415)495-5154 swwr..TPNBUSfS TELEX: RCA 214903 TPNB Pagel of 3 1. We pledge that we hold and will hold on deposit the sum of$344.800.00 as trust funds guaranteed for payment to Contra Costa County (or successor city) to secure Deluke CompML Limited's (hereinafter referred to as "Owner") faithful performance of the subdivision agreement executed by Owner and Contra Costa County for Subdivision #7418 for the commencement and construction of work and improvements as described in said:subdivision agreement and the Subdivision Ordinance of Contra Costa County. We will so hold this sure until the commencement, completion, and written acceptance by the Contra Costa County Board of Supervisors of all work and improvements under said subdivision agreement. Prior to said acceptance, upon demand by Contra Costa County(or successor city), the whole or any portion of said funds shall be paid forthwith to the County(or successor city) for use toward the commencement and completion of the work and improvement as it sees fit. 2. Upon written acceptance by the County Board of Supervisors (or successor city) of all work and improvements under said agreement as complete, $344,800.00 of the funds held in trust in accordance with Section 1 shall be released and the remaining $51,720.00 shall be held as security until the improvements successfully pass the guarantee and maintenance period(s) specified in the subdivision agreement. When all of the guarantee and maintenance requirements have been satisfied, this remaining sum shall be released upon written acceptance by the County Board of Supervisors (or successor city) of the completion of these requirements. Prior to said acceptance, upon written demand by the County (or successor city), the whole or any portion of said residual sum shall be paid forthwith to the County (or successor city) for use toward satisfaction of these requirements. 3. We further pledge that we similarly hold the additional sum of dollars ($,174,150.00) on deposit as trust funds guaranteed for payment to any contractor, his subcontractors, and to any and all persons, companies or corporations furnishing labor or materials or services; or renting equipment to the Owner or the contractors or his subcontractors for the performance of said agreement; and for amounts due under the Unemployment Insurance Act with respect to such work or labor. After passage of the time within which claims of lien are required to be recorded pursuant to Article 3 (commencing with Section 3114) of Chapter 2 of Title 15 of Part 4 of Division 3 of the Civil Code and after written acceptance by Contra Costa County (or successor city) that all work and improvements under said agreement are complete, this sum may be reduced to an amount not less than the total claimed by all claimants for whom claims of lien have been recorded and notice thereof given in writing to the Contra Costa County Board of Supervisors, and if no such claims have been recorded, the sum may be released in full. It is hereby agreed that the obligation set forth in Paragraph 3 shall inure to the benefits 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. Page 2 of 3 4. No alternation of said agreement, or of any plans or specifications of said work, agreed to by Contra Costa County and Owner, shall relieve us from liability on this letter of credit. We hereby give consent for any such alterations to be made without further notice to or consent by us. We hereby hold ourselves bound without regard to and independently of any action against Owner whenever taken. We further agree that if Contra Costa County sues on this letter of credit, we will pay, in addition to the face value of this letter, all its reasonable costs, expenses and attorneys fees incurred by it 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 judgment therein rendered. This instrument of credit is irrevocable. This credit is subject to the International Standby Practices ISP98 (1999 revision) International Chamber of Commerce Publication No. 590. Trans Pacific National Bank Deluke Company Limited I swear under penalty of perjury that The undersigned hereby agrees to all the terms I have authority to bind the above-named and conditions set forth and releases the financial financial institution to the terms of institution executing this letter of credit from all this letter of credit. liability except as herein.specifically set forth. Executed at San Francisco Executed at San Francisco California,on Aril 16, 2003 California, on April 16, 2043 By: John K. Wong,Executive Vice President By: George Dai,Managing Director t Signature Signature Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of f4 -- ss. 4n ]r Z-c2100 , before me Y fi A, Date F Name and Title of Officer( .g.,"Jane Doe,Notary P blic'} personally appeared • A)a F Name{s)of Signer(s) T personally known to me El 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 YA[3ffAi acknowledged to me that he/she/they executed COMM #131221 the same in his/her/their authorized NOTARY PUBLIC-CAUFORNIA capacity(ies), and that by his/her/their SAN FRANCISCO COU I�#Y signature(s) on the instrument the person(s), or My Comm.Expires July ll,2006 the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and offi ial seal. 'l Place Notary Seal Above e.of P2ota ubfic C?PTrattachment Though the information below is not required by law, ble to persons relying on the document and could prevent fraudulent removal ands form to another document. Description of Attached Document Title or Type of Document: Document late: _.. Number of Pages: !� Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: r„ Individual Trp of thumb here 11 Corporate Officer--Tit#e(s): LC Partner—0 Limited 0 General D Attorney in Pact 0 Trustee . ❑ Guardian or Conservator iv Other: Signer is Representing-, 01997 Nationai Notary Association•9350 De Soto Ave.,P.O.Box 2402*Chatsworth,CA 91813-2402 Prod.No.5907 Reorder:Ceti Toll•Free t-800-876•&827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California OPTIONAI,SECTI€1N County of Santa Clara CAPACITY CLAIMED BY SIGN On 4--22-03YbeforenieLisa J. Reyes, Notary Public Though lute does not require the tory to##tt A� TF NA4.&TVITTLE OP OFFICER EO,"1AK DOE,90 ARY FURT IC" In the data tow,doing so moy>(tr E Invaluable Geo r e Dai to perm"ns r 'Ing en the doeunte' personally appeared � �A�tEtS3 OF stONER{s3 . O INDIVIDUAL personall k to -t}It-C pt vi ad ID on the basis of satisfactory evidence to C CORPORATE O ICE subscribed the persgo the h within nantrument an T LISA J. RE ES subscribed to the within instrument and 1 cornntizilfan 9'1334999 acknowledged to me that hMWxecuted 0 PARTNER(S) 0 ITE3 x Notary Puwlc-Csllfomia the same in his1J0&*tau rized O G RAL Santa Clem Coup capacityjiV,*pnd that by h�i}t � � ATTt:1RNEY -FACT Signature( on the instrument the perso or 17ec# '2UQIi the entity pon behalf of which the persofi t t TRUSTE ) acted. utedtheinstrument. i7 OTUARDE N/CO NSERVATOR m hon d oOm 'I seal, l3 t7TH SIGN IS REPRESENTING: (NA OF PERSC"S)OR WTrTWtS3)1 TMEEF N(G)TAR acknowledged to the that such corporation executed the withi ' menet pursuant to its by-laws or a resolution of its Board of Directors." OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Do ument_ Irrevocable standby Let er TO THE DOCUMENT AT RIGHT. Number of rages{ '� CF i7rea i t Though the adjacent data is not required by law,it may prove valuable Date of Document April 16 3093 to persons relying on the document and could prevent fraudulent Signer(s)tither Than Named Above John K. Won re-attachment of this form g f milli 1111 CONTRA COSTA Co Recorder Office STEM L. UEIR Clerk-Recorder Recorded,at the regttestof* DOC-- i00�""�fr+G���$"" Contra costa County Wsdn+eiela 00 Public works Department Wednesday, MAY 14, 2003 08:28:24 Engineering Services Division FRE $0.00 Return to: Ttl Pd $0,00 Nbr-000f4$5989 Public works Department Engineering Services Division Ire/RS/1-2 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA Adopted this Resolution on May 13,2003 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO.2003/ 302 SUBJECT: Accepting warranty improvements completed by County, Subdivision 7462, Diablo area. (District III) The Public Works Director having notified this Board that the improvements in Subdivision 7462 have been completed by Black Oak Estates heretofore approved by,this Board on October 27, 1998,Resolution No.98/550. On this date,the widening ofDiablo Road/Blackhawk Road was accepted and declared to be a County road;Diablo Ranch Drive,Diablo Ranch Place and Diablo Ranch Court are private roads and were not accepted nor declared to be County roads. PE:rm G:1GtpDatalEng3vc1BO1200315-13-031SUB 7462 BO-40.doc Originator* Public works(ES) Contact: Rich Lierly(313-2348) cc: Public Works-Account. I hereby certify that this is a true and correct copy of an - Construction action taken and entered on the minutes of the Board of P.Edwards,Engineering Services -Maintenance(w/Plat) Supervisors on the date shown. Recorder Clark)then PW Records Administrator Auditor-Controller County Counsel ATTESTED: MAY 13, 2003 Black Oak Estates c/o Castle Construction Co. JOHN SWEETEN, Cleric of the Board of Supervisors 2291 via de M5os,Suite H Concord,CA 9452020 and County Administrator Ulico Casualty Company 111 Massachusetts Avenue,N.W. Wahsington,DC 20001 Ralph Messina By , De u p ty Hidden Oaks at Blackhawk Assoc.,Inc. c/o Community Care Property Management P.O.Box 1270 Pleastanton,CA 94566 Black Oak Estates 101 Park Place,Suite 200 San Ramon,CA 94583 J.Michael Pisias,Jr. 177 Post Street,Suite 700 San Francisco,CA 94108 RESOLUTION NO.2003/ 302 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 13,2403,by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER. AND DESAULNIER NOES: NONE ABSENT: NONE ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO.12003/ 303 SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 8461,being developed by Lark Place Development,LLC', Alamo area. (District III) The following documents were presented for Board approval this date: I.;; Map The final map of Subdivision 8461,property located in the Alamo area,Supervisorial District III, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Lark Place Development, LLC, principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: Originator:Publk Works(F-';) l hereby certify that this is a true and correct copy of an action taken Contact, Rich Lierly(313-2348) and entered on the minutes of the Board of Supervisors on the date JH= shown G:\GrRData\EngSvcl30V0D315-13-03\SITS Ml 130-21.doc cc: Public Works—T.Bell,Construction Current Planning,Community Development T-March 6,2004 ATTESTED: MAY 132 2003 Lark Place Development;LLC Peter Branagh JOHN SWEETEN,Clerk of the Board of Supervisors and County 3201 Danville Blvd.#170 Administrator Alamo,CA 94507 Developers Surety and Indemnity Company Jocelyn Y.Quirt 3100 oak Road,Suite#260 Walnut Creek,CA 44596 By 'Deputy RESOLUTION NO.2003/ 303 SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 8461,being developed by Lark Place Development, LLC, Alamo area. (District IIT) DATE: May 13,2003 PAGE 2 A. Cash Band Performance amount: $2,266.00 Auditor's Deposit Permit No.403899 Date: April 17, 2003 Submitted by: Lark Place Development, LLC Tax ID Number: 81-4562429 B Surety Band Band Company: Developers Surety and Indemnity Company Bond Number: 8680865 Date: April 10, 2003 Performance Amount: $226,600.40 Labor&Materials Amount: $113,300.40 Principal: Lark Place Development,LLC TIT. 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 the 2003-2004 tax lien,which became alien on the first day of January 2003, is estimated to be $72,900.00, with security guaranteeing payment of'said tax lien as follows: • Tax Surety Bond Company: Developers Surety and.Indemnity Company BondNumber: 8680875 Date April' 11, 2003 Amount; $72,900.00 Principal: Lark Place Development, 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 parcel map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/303 SUBDIVISION AGREEMENT (Government Code§66452 and§55463) Subdivision: 8461-LARK LANE Principal: LARK PLACE DEVELOPMENT,LLC Effective Date: f ' Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA C LINTY PRINCIPAL Maurice M.Shiu,Public Works Director LARK PLACE DEVELOPMENT,LLC California Limited Liability Company By:Branagh Development,Inc.its Manager By CIH4.J (sgewtura) .. r.. (Prins name&titk) COMMENDED' VAI, Peter W.Branagh,President By: E ervice5 Division (Print name&title) FORM APP ED: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged:If Principal is incorporated,signatures must nonfarm with the designated representative groups pursuant to Corporations Code§313.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Coon 'and the above-mentioned Prin ` al,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 matte thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3, IMPROVEMENT>SECURITY. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: V 16fi.0 cash,plus additional security,in the amount:$226,600.00 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,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:$113JO.0 ,which is fifty percent(30%)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,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§94-4.406 and§94-4.408 of the Ordinance Code. ................ ....... ......... .....__... ......................... ........ ......... .................. .... ..... ........................................... ...... ......... _........ _. _ ..... ....... ......... _. ............................................ ............. 4. GUARANTEE AND WARRANTY OF WORK. Principal guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to road improvements for private roads,which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish 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 anyrespect,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 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 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. 10. SURVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 1 l. NON-PERFORMANCE AND COSTS:If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work, Principal agrees to pay all costs incurred by County,even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal :agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work. 12. 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 (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision, RL:JDJad G:1 atalEn vclFormMG WORDUIG-30.doc CALIFORNIA ALL--PURPOSE ACKNOWLEDGEMENT STATE OF CALIF NIA ) COUNTY OF ) DATE NAME,TITLE OF OFFICE -E.G.,'JANE E,NOTARY ARY t'118LIC" personally appeared, ._:r_x ' 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),orthe entity upon behalf of which the person(s)acted, executed the instrument. WITN'E hand and official seat. , rPAW-t (SEAL) . NOTARY PUBI,.IC - OPTIONAL INFORMATION MW TITLE OR TYPE OF DOCUMENT DATE OF DOCUMENT NUMBER OF WAGES SIGNER(S)OTHER THAN NAMED ABOVE RECEIVED APR - 2003 RESOLUTION ADOPTED BY THE ALIQUOT BOARD OF DIRECTORS OF BRANAGH DEVELOPEMNT, INC. A California Corportation WITHOUT A MEETING, BY UNANIMOUS WRITTEN CONSENT: BE IT RESOLVED, that PETER W. BRANAGH, PRESIDENT of this this corporation is hereby authorized to complete, execute, and. file on behalf of this corporation a Final Map for Subdivision commonly known,as TRACT NO. MS 44-74, Lark Place and prepare or cause to prepared and filed such other documents and-take such action.with respect.thereto as may be necessary or deemed by him to be properly in connection therewith. ON MARCH 15, 2003, the foregoing Resolution was adapted by the 'unanimous-written consent of the Board; of Directors of said 'corporation, without a meeting', as authorized by the duly adopted By-laws of said corporation, and said Resolution has not been modified or revoked and is now in furl force and effect. IN WITNESS WHEREOF, this Certificate has been executed and the corporate seal hereto affixed on this 15th day of March; 2003. WILLIAM K. BRANAGH THOMAS N. BRANAGH PETER W. BRANAG .-'c. ..................................................................... W,Q: L) q^O jr- z 0Z LL 0 0 Q- z 0 0 0 m-W C� 'R�, >-w I�s < Of 0 w O(L Oa� Z& 0 0 M m a. 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TOTAL 1 DEPOSIT L z4fillconsists*f the CHECKS,COIN URRENCY s . . . l�ETC J 1 11 IF ` AUDITMCONTROLLER US—ENLY DEPOSIT PERMT NUMBER s' ASSIGNEDDATE OpR f COUNTY OF CONTRA COSTA OFFICE OF COUNTY AUDITOR-CONTROLLER TREASURER: MARTINEZ,CALIFORNIA CEIVED f�tOM ORGANIZATION NUMBER ,�� {brganc�t#cnj (For CashCollection Procedures see County Administtahx's Bulletin 105.) DESCRIPTION 1=UND/ORQ ACCT, TASK OPTION ACTIVITY AMOUNT $ -� R 602Y V727 1 r off" c � 4F `f X66 q 1 111 Md6li # ry { lei/ i 6yj - 1 00 & I 1100 1 1 r 1 # - 1 # 1 1 * f # 1 1 EXPLANATION: TOTAL $ # DEPC�STT # Deposit consists of the fo +ng itetttg COIN and CURRENCY $ CHECKS,MO.ETC. $ HANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT t PERMIT DR—40 NUMBER DATE ASSIGNED 0 The amount of money desc&ed above is for Treasurer's receipt of above amount is opproved. Receipt of above amount is hereby deposit into the J/County Treasury, acknowledged. T#tle: 71 jr' J/ X L } Deputy Sinrvar+ -A—AA Ca t uditcu Signed: y Deputy County Treasurer D-34 REV.(7-93) 0649-9665 1831000: G1115849, $1,000.00, X1157-99 Inspection Deposit, Pickett Development Co., Inc, 2743 Ridgeview Lane, Walnut Creek, CA 94598 0649-9665 / 831000: 61115843, $6,480.00, RA1149 Road Acceptance Civil Review, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 61115844, $7,450.{0, RA1147 Road Acceptance Civil Review, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: G1115846, $55,660.00, Sub 8717 Major Sub Civil Improvement Plan Review, Windemere BLC LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-9665 / 831000: 61115848, Lark Place Development, LLC 3201 Danville Blvd. # 170, Alamo, CA 94507 $7.223.00 SD 8461 Plan Check Deposit $2,900.001 SD 8461 Map Check Deposit 0648-9140 / 812100: 61115848, $6,498.00, SD 8461 Drainage Def iciency Fund San Ramon, Lark Place Development, LLC 3201 Danville Blvd. # 170, Alamo, CA 94507 819$1 . 80: F11i587, $c .00 Sub 8461 Cash Bond, Lark Place Development, LLC 3201 Danville Blvd. # 170, Alamo, CA 94507 0682-9752 / 819200: 61116172, $1,900. , Trust 1392, Vacations End of Plaza Dr, Martinez, Brian Gardei, 2908 Leslie Ave, Martinez, CA 94553 Subdivision: $46I�L A K I+A,IY Band No.; 86$0865 Premium: $3,626.00 IMPROVEMENT SECURITY Bt3ND FOR'►..UBDivLsioN.AGREEMENT (Performance, Guarantee and Payment) (California Government Code §f 66499-,66499.10) 1. l tIAL OF ft BDIVTSTUN,AGREJ;VNT: 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 461 ��,,, ,as specifod in the subdivision agreement and to complete salol work within the tame specified for completion in the subdivision agreement,all in accordance with Stateand local laws and rulings thereunder in order to satisfy conditions for filing of a final ,map or parcel neap for said subdivision. 2. 4 &TION: LAM PLACI< VELOP LLC as principal and Developers Surety and Indemnity Company a corporation organized and existing,under the laws of the State of California and aufl�wd to hwuaa 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 Mows: A. Performance and Guarantee: IBLo Hu Tur+srr -s' Hu &Nt71T 00 Dollars W26,$00. fl3 for Contra Crista County or any city assignee under the above County Sundivision Agreement. B. Paymexrt. a Hundred thin , ousand d N Il t34,Dollars 113.3gO.OQ)to secure the claims to which reference is made in`ritie XV(commencing with Section 34$2)of Part 4 of Division Ill of the Civil.Code of the State of California. 3. Cvrv„ ON: 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 iotcnt and meaning, and shall indetcrrrify'and save harmless`the County of Contra Costa (or city a43ipnee)its officers,agents and employees,as therein stipulated,then this obligation shall become liult d void; otherwise it shalt be and remain in full force and effect. As part o F c'ie obligation secured hereby and in addition to the face amount specified therefore,there -L'irdI be included reasonable casts,expenses and fees, including reasonable attorney's fees, incurred `Y the r o.i aty of Contra Costa(or city assignee)in successfully enforcing such obligation, all to be t-xtA 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 he undersigned, as Corporate surety, are held firmly bound unto the County of Contra Cosmo and t contractors,subcontractors,labourers,material men and other persons employed in the ostarr€d an of the aforesaid subdivision agreement and referred to in the aforesaid Civil Codefor materials furnished,labor of any kind,or for amounts due under the Unemployment ,Insur`ancc Act with respect to such work or labor and that said surety will pay the same in an wneunt net exceeding the am ount herein above set forth and also,incase suit is brought upon this bond,will pay,in addition to the fact amount thereof,reasonable casts,expenses and fees,including reasonable attorneys 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"I inure to the benefit of any and all persons,companies and corporations entitled to file claims wader Title 15(commencingwith Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a.right'of action to there 0r their assigns in any suit brought upon this bond. Should the work under conditions of this bund be fully performed,then this obligation shad<iiecome 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 specifrcakion:of s$id +vcark agreed to by the principaland the County of Contra Costa(or city assignee)shall relieve the surety from liatto bili on this bond;and consent is hereby given to make such alteration without further notice to or consent ty b the surety;urety,and the surety hereby waives the provisions of California Civil Cade Section 2819 and holds itself bower without regard to and independently of any action against the principal whenever takene SIGNEl3AAtU kLQon April 10, 2003 PRINCIPAL; Ol'MEIJT I. (; SlTRE?'YS Developers surety and Indemnity Company Address: , $ Danvi�e Blvd 4 7th Address: 3100 Oak Road, Suite 260 City; Alam+? Zip• 5 7- 938 City: Walnut Creek- CA Zip: 94596 Print Name: Peter W $Tana h PresidentPriv Attorne Y. Quirt, t Name: y-in-Fact Title: talk Flare I veloAtner ,t anag$r Title, Attorney-in-pact JD:mwaap G:k^.r iia vclfsxmelBN W12R1.a1t3N-22.doc s 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: ***Frank R. Olsson, Gordan J. Fischer, Jocelyn Y. Quirt, 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 Attorneys)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney: RESOLVED,FURTHER.that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. 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,2(x)2. C By: — ,.� ��( AND p AN y c David H.Rhodes,Executive Vice President ' POR O 9'P0q C f� OCT. r ��' �' ~ OCT. By: raj, 1 9 3 ti mut 1967 Walter A.Crowell, Secretary ~y%'tf�jO•„rOW P,, ��°`: �9�/ OCy��� )ate 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 he the persons whose names are subscribed to the within instrument and acknowledged tome 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 seal. ANTONIO ALVARADO tlCOMM.#1300303 r f �” ZO Notary Public Cattfornia lORANGE COUNTY Signature9- My 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 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 10th day of April 2003 By David G.Lane,Chief Operating Officer iD-1380(011(2) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5s07 State of CALIFORNIA County of CANIRA (IORTA On Aril 10, 2003 before me, M. A. ATWATER, NOTARY PUBLIC , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared ----Jocelyn Y. Quirt NAME(S)OF SfGNER(S) 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their 01 signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. AL A. ATYATEqGlmmse01: WITNESS my hand and official seat. coft cAtfTlfjr SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) TITLE OR TYPE OF DOCUMENT ❑ PARTNENS) ❑ LIMITED EJ GENERAL ATTORNEY-IN-FACT NUMBER of PAGES ❑ TRUSTEE(S) El GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTffY(IES) Developers Surety and Indemnity Company SIGNER(S)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION+8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 a CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT STATE OF CALIFORNIA COUNTY OF Contra Costa On April 16 : 2003, before me, Anne Mc Neill. NQtarg Public , DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared, Peter W. Branagh 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. WITNE hand and official seal. =— ANW (SEAL) #12+1 72f1 NOTARY PUBLIC s MMO ACON OPTIONAL INFORMATION TITLE OR TYPE OF DOCUMENT GATE OF DOCUMENT NUMBER OF PAGES SIGNER(S)OTHER THAN NAMED ABOVE ... ............. ...... ..... ............. RECEIVED APR 2003 RESOLUTION ADOPTED BY THE ALIQUOT BOARD OF DIRECTORS OF BRANAGH DEVELOPEMNT, INC. , A California Corportation WITHOUT A MEETING, BY UNANIMOUS WRITTEN CONSENT: BE IT RESOLVED, that PETER W. BRANAGH, PRESIDENT of this this corporation is hereby authorized, to complete, execute, and.file on behalf of this corporation a Final Map for Subdivision commonly, known as TRACT NO. MS 44-74, Lark Place and prepare or cause to prepared and filed such other documents and take such action with respect.thereto as may be necessary or deemed by him to be properly in connection therewith. ON MARCH 15, 2003, the foregoing Resolution was adapted by the unanimous written consent of the Board, of Directors, of said corporation, without a I meeting, as authorized' by the duly adopted By-laws of said corporation, and said Resolution has not been modified or revoked and is now in full -force and effect. IN WITNESS WHEREOF, this Certificate has been executed and the corporate' seal hereto affixed on this 15th day of March, 2003. WILLIAM K. BRANAGH THOMAS N. BRANAGH PETER W. BRANAGF6,��L,N'_2-,,`' ow I M-11 .. g , 419/03 NO AM.$42 34$1 Tax Collector's Office William J.Pollacek 625 Court Strut Contra County Treasurer-Tax Collector Finance Building,Room 100 P.o.Box 631 `fy Russell V.Watts Martinez,California 04553- Co Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (825)646-4135 FAX _I flax Operations Supervisor f+ Date:4!9/2003 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION ('R&T CODE 2608)THIS LETTER IS VOID. This will certify that I have examined the Map of the proposed subdivision entitled: Trac CitY T.R.A. 9461 ALAMO 66015 Parcel#: 19$-040-001.2 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 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 $72,900.00 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-`fax Collector By: --� SUBDIVISION TAX BON EXECUTED PURSUANT TO REEQUIRtEMENT FOR SECURITY UNDER THE CALIFORNIA LAW RELATING TO SUBDIVISIONS Premium: $1,166.00 Known All Men by Thaw Presents: That we, , as principal, and Developers Surety and Indemnity Company �a corporation,duty org�anUrA and doing business under and by virtue of the laws of the State of California,surf duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authariZed by the laws of the State of California,as Surety,are held and firmly bound unto the Cbz, at of Contra Costa in the gum of ft two Thomnd bine If and N011VQ Ikrtlar$ isr�vfulmoney of the United States of America,for the payment whereof well and truly to be made,we bind ourselves,our heirs,executor,successors and assims.jointly and severallY.firmly by these presents. THE CONDITIONS OF THE FOREGOING OBLIGATION IS SUCH THAT, WHEREAS, The owner (s) of a division of Lind mp resenting a certain subdivision of real estate, to wit: Subdiv sioh map intend(i)to file a map thereof with the Recorder of Contra Costa County;and WHEREAS, There are no liens against the subdivision or any part thereof for unpaid state, county, municipal or 000 Masai taxes or assessments collected as taxes except taxes or assessment not yet payable;and WHEREAS,The provisions of the Government Code of the State of California require that this bond be filed with the Clerk ofthe Board of Supervisors of Contra Costa County prior to recordation of the tractlparcel map; NOW, THEREFORE, if the above-bounden principal shall pay when due all taxes and assessments,which at the time of filing sold map,are a lien against the subdivision,or any part thereof,but not Yet payable then this obligation shaft be Stull and void;otherwise to remain in full force and effect. The obligation of the surety hereunder shall arise immediately upon the failure of the above-bounden principal to pay when due to the County of Contra Costa the aforesaid taxes and assessments and shalt remain in fWI force and effect until said taxes and assessments, including any supplemental assessments,,are paid In fun including any penalties incurred. In respect to such obligation the surety waives the benefit of the provisions of Section 284.5 of the Civil Code of California. if legal action is required to recover under this bona, the protection afforded by it shaft cover the payatettt of reasonable attorney fees. Signed and sealed this bond,the protection attbrded by it shall cover the payment of reasonable attorney fees. Sued and;.sealed this 11th day of April ,2003. BOND NUMBER 8680875 Primcfpal: Lark Place Pevelopment LLO By _'..—, -�A Peter W On BOND ELVR ZD AND APPROVED Title CONTRA C TA UNTY r TREA URE t- .OLLECTOR 32Q1 Danville Blvd.,#170 A jamo CA %4§Q7 BY .�.._.,._.._,.. Developers Surety and Indemnity Company Surety 3140 Oak Rd. , Ste. 26,Q, Wal t Creek, CA 94596 Aadssas Dy Gordon Fischer Attorney-in—Fact Title This must be sel nowledged Before a Notary public r ......................... ........ .............. 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: ***Frank R. Olsson, Gordon J. Fischer, Jocelyn Y. Quirt, 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 be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents,arehereby rarified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship. and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney: RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signature,shall be valid and binding upon the corporation when soaffixed 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. ,o o AND By: ............. OOPANY0 David H.Rhodes.Executive Vice President0 R4 OCT. M -Z' OCT 5 0 1967 0 X By: LU C, Walter A.Crowell, Secretary . ........... /FO 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 persons acted.executed the instrument. WITNESS my hand and official seal. ANTONIO ALVARADO COMM.#1300303 Notary Public-California ORANGE COUNTY mycomin Sionature 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 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 1thdavof April c.A By 1 --- David G.Lane,Chief Operating Officer ID-1380(01102) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of CALIFORNIA County of c MTRA. MgT.A_ On 4-11-03 before rite, M. A. ATWATER, NOTARY PUBLIC DATE NAME,TITLE OF OFFICER-E.G_"JANE DOE.NOTARY PUBLIC" personally appeared Gordon J. Fischer NAMEgsl OF sraNER{s) personally known to me - OR - Q 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 ac- knowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), 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" t WITNESS my hand and official seal. Ar a F, ti f ., wttpG SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT- Tm.E(S) ❑ PARTNER(S) Q LIMITED Q GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) Q GUARDIANICONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING. NAME OF MRSONP OR ENTITYPES) Developers Surety and Indemnity SIGNER(S)OTHER THAN NAMED ABOVE Company 01993 NATIONAL NOTARY ASSOCIATION•8235 Rwnmet Ave.,P.O.Box 7184 Canoga Park,CA 91309-7184 .................... CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT ENT STATE OF CALIF NIA ) COUNTY OF ) 4 C7n � 1 &- befort me, iv. MATE NAME,TITLE OF OFFICER-E.G.."JANE DOE,NOTARY PUBLIC" r: personally appeared, personally known to mo(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. WITNES and and official seal. MAN, (SEAL)NOTARY PUBLICS OPTIONAL INFORMATION TITLE OR TYPE.OF DOCUMENT DATE OF DOCUMENT NUMBER OF PAGES SIGNER(S)OTHER THAN NAMED ABOVE .............................................................................................................................................................................................. RECEIVED' APR - 82m RESOLUTION ADOPTED' BY THE ALIQUOT BOARD OF DIRECTORS OF BRANAGH DEVELOPEMNT, INC. A California Corportation WITHOUT A MEETING, BY UNANIMOUS WRITTEN CONSENT: BE IT RESOLVED, that PETER W. BRANAGH, PRESIDENT of this this corporation is hereby authorized to complete, execute, and file on behalf of this corporation a Final Map for Subdivision commonly known,as TRACT NO. -M8 44-74,,- Lark Place and prepare or cause use to prepared and filed such other documents and-take such.action with respect thereto as may be necessary,or'deemed by him to be properly in connection therewith. ON MARCH 15, 2003, the fork king Resolution was adapted by the unanimous-written consent of the Board, of Directors. of saidcorporation, without a meeting', as , authorizedBy-laws by the duly adopted By- aws of said corporation, and said Resolution has not been modified or revoked and is now in full force and effect. IN WITNESS WHEREOF, this Certificate has* been executed and the corporate seal hereto affixed on this 15th day of March,. 2003. , WILLIAM K. BRANAGH THOMAS N. BRANAGH PETER W. BRANAGF(� -