HomeMy WebLinkAboutMINUTES - 06242003 - C.9 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 24, 2003,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, AND DESAULNIER
NOES: NONE
ABSENT: SUPERVISOR FEDERAL GLOVER
ABSTAIN: NONE
DISTRICT III SEAT VACANT RESOLUTION NO. 2003/ 414
SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Minor Subdivision 18-
01, being developed by Clyde Miles Construction Company, Inc., Alamo area.
(District III)
The following documents were presented for Board approval this date:
I. Map
The parcel map of Subdivision 18-01, property located in the Alamo area,
Supervisorial District III, said map having been certified by the proper officials.
11. Subdivision Agreement
A subdivision agreement with Clyde Miles Construction Company, Inc.,principal,
whereby said principal agrees to complete all improvements as required in said
subdivision agreement within one year from the date of said agreement.
Accompanying said subdivision agreement is security guaranteeing completionn 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
Cs:\GtpData\EngSvc\B012003\b-24-03\MIS 18-01 BC7••21.dac
BY:n„ on the date shown.
Originator:Public Works(ES)
Contact: Loch Lierly(313-2348) ATTESTED: JUNE 2 4, 2003
cc: Public works-T.Bell,Construction JOHN SWEETEN,Clerk of the Board of Supervisors and
Current Planning,Community Development County AdministratorT—April 24,2004 y
Clyde Mules Construction Company,Inc.
2201 Harbor Street,Suite E 3
Pittsburg,CA 94565
Travelers Casualty and Surety Company of America
gyDetIt p y
350 Californa Street,Suite 2020
San Francisco,CA 94104
RESOLUTION NO.2003/ 414
SUBJECT: Approval of the Parcel Map and.Subdivision Agreement for Minor Subdivision 18-
01, being developed by Clyde Miles Construction Company, Inc., Alamo area.
{District III}
DATE: June 24, 2003
PAGE: 2
A. Cash Bond
Performance amount: $ 1,000.00
Auditor's Deposit Permit No. 405627 Date: May 21, 2003
Submitted by: Clyde Miles Construction Company, Inc.
Tax ID Number: 68-0337062
B. Surety Band
Bond Company: Travelers Casualty and Surety of America
Bond Number: 103667719 Date: January 7, 2003
Performance Amount: $ 91,700.00
Labor&Materials Amount: $46,350.00
Principal: Clyde Miles Construction Company, Inc.
III. Tax Letter
Letter from the County Tax Collector stating that there are no unpaid County taxes
heretofore levied on the property included in said map and that the 2002-2003 tax
lien has been paid in full and the 2003-2004 tax lien,which became a lien on the first
day of January 2003, is estimated to be $18,400.00, with security guaranteeing
payment of said tax lien as follows:
+ Tax Surety
Bond Company: Travelers Casualty and Surety of America
Bond Number: 103667727 Date: February 5, 2003
Amount: $18,400.00
Principal: Clyde Miles Construction Company, Inc.
NOW, THEREFORE, THE FOLLOWING IS RESOLVED:
1. That said subdivision, together with the provisions for its design and
improvement,is DETERMINED to be consistent with the County's general and
specific plans.
2. That said 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.
SUBDIVISION AGREEMENT
(Government Code§66462 and§66463)
Subdivision: MSOI-0018 Principal: Clyde Miles Construction Co.,Inc.
Effective Date: � )�� T� Completion Period: 1 year
THESE SIGNATURES A'T'TEST TO THE PANTIES'AGREEMENT HERETO:
CONTRA.COSTA COUNTY PRINCIPAL
Maurice M.Shiu,Public Works Director
By:
L/ r+5i�y - (Signaturt
RECOMMENDEPROVAL Clyde E.Miles,Sole Owner
By:
En me e er ' es Division
FORM APPROV : Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged. If Principal is incorporated,
signatures must conform with the designated representative groups pursuant to
Corporations Code§313.)
1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"County"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 by the Conditions of Approval for this
development and generally as shown on the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works
Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto).
Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof,as
required by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlike manner,in accordance with accepted
construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there
is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County
Ordinance Code,provide as security to the County:
A. For Performance and Guarantee: $1,000.00 cash,plus additional security, in the amount:$91,700.00 which together total one
hundred percent(100°/x)of the estimated cost of the work. Such additional security is presented in the form of:
Cash,certified check or cashiers check.
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,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:$46,350.00,which is fifty percent(50°/a)of the estimated cost of the work. Such security is
presented in the form of:
Cash,certified check,or cashier's check
Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security, Principal guarantees payment to the contractor, subcontractors and to persons 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 held as 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 private improvements,which are not to be accepted by the County.
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 any respect,Principal shall make whatever changes
may be necessary to the plans to accomplish the work as promised.
i. NO WAIVER BY COI3NTY. 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 districts,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 all costs incurred by the County for services provided.This cost may
include,but are not limited to:inspection,administration,engineering,construction and relocation of existing utilities.
to. 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.
it. NON-PFgEQRMANCE 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.
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 a third parry 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.
14e RIGHT OF ENTRY. Principal hereby consents to entry on the subdivision property and any other property affected by the Improvement Plans
by County and County forces, including contractors,as may be necessary to ensure complete construction and/or maintenance.
RLJDAad/cw
GAGrpDatakEngSvcLForw.s\AG WORMAG-30.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of OPTIONAL SECTION
County of }'t ` j CAPACITY CLAIMED BY SIGNER
On before me, DEBAxI A, - --WRA N'T1 'Though statute does not require the Notary to till in
D k NAME,Tm.EOF OFMCER E.G.,"SANE DOE,NOTARY PUBUC" the data below,doing so may prove Invaluable to
p '
personally appeared �,J{,. 6. /. persons relying on the document.
f- Y --
N S)OF SIGNER(S) 0 INDIVIDUAL
t personally known tome-OR-0 proved to me on the basis of satisfactory evidence to K CORP TB,OFFICER(S)
be the person(s)whose namo(s)is/are 71i�_r?TITLE(S)
subscribed to the within instrument and
acknowledged to me that helshe/they executed 0 PARTNER(S) 0 LIMITED
S P r'E'R�t�� the same in hisiber/their authorized 0 CIENERAL
`'Olt#„4 #1252i capacity(ies),and that by his/her/their
M r s r E, ori 0 ATTORNEY-IN-FACT
Notary rf t F err a 0 signature(s)on the instrument the porson(s)or D TRUSTE S
i f CONTRA COSTA CO:,,N r,., the entity upon behalf of which the person(s)
fir Grm. �l. sar<.3l,2J4 acted,executed the instrument. C} OTR GUARDIAN/CONSERVATOR
PI NESS my hon and ftic"tat seal, SIGNER IS REPRESENTING:
(NAME OF PERSON(S)OR ENTITY(TES))
I A A
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
T6 THE DOCUMENT AT RICHT. 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
m4ttachment 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.
1. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEA'T'H 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 a stated.
-
in. SIGN&U= FOR_PAR]T, E�HIPS - Signm* g party must be either a general partner or be authorized in writing to have
the authority to sign o e partnership.
IV. oC O
Documents should e
signed btwo officers,one from each of the following two groups:
GROUP 1. NaChair of the.Board
ttb The President
c Any Vice-President
GROUP 2. a The Secretary
An Assistant Secre
c The Chief Financiallfcer
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.
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COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO TIS RER:
MARTINEZ,CALIFORNIA � �t C.:•'
PEC ED FROM
ORGANIZATION NUMBER
(For Cash Collection Procedures see County Administrator's Bulletin 105)
DESCRIPTION FUND/ORa SUB' TASK OPTION ACTIVITY AMOUNT
ACCT.
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ExPl TION: � TOTAL
DEPOSIT i
f D• canslsts of the following i#ems
CURRENCY $ ��
KS,M.O.,ETC. $
BANK DEPOSITS $
f 4 FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT NSP
7 l NUMBER
DATE 405627 MAY 21703
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amgpnt is hereby
deposit into the County Treasury. acknowledged
;,M< rti
Signed. j+rL Signed:
Title e 7 T 31z zl Deputy Countyud Deputy County Treasurer
D•34 REV(74 ) ,�{„i,
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER =. v
MARTINEZ,CALIFORNIA L, 44'
ORGANIZATION NUMBER
antioni
!r
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. SUCB, TASK OPTION ACTIVITY AMOUNT
ACAloff
1
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G 6177
1-43
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EXPLANATION: TOTAL $
DEPOSIT
DeposiT�of the following items
COIN and CURRENCY
CHECKS,M.O.,ETC. $� —•---
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT //
PERMIT Dp "o .� 6 �
NUMBER
DATE I
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt,*E4�weamount is hereby
sit into the County Treasury. acknowfed `"
Signed: Signed:
Title NEXT "e Deputy ty ito 10 14" Deputy County Treasurer
0-34 REV.(7-93) j
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0649-9665 / 831000: G 1116386, , 1,t)00,{14, Sub 8158, Landscape
F Inspection , Windemere BLC Land Co. LLC, 3130 Crow Canyon PI #310, San
Ramon, CA 94583
0649-9665 / 831000. G 1116388, $ 500.00, Sub 8149, Plan Check,
Windemere BLC Land Co. LLC, 3130 Crow Canyon PI #310, San Ramon, CA
94583
0649-9665 / 831000; G 1116389, $ 500.00, Sub 8150, Plan Check, .
Windemere BLC Land Co. LLC, 3130 Craw Canyon PI #310, San Ramon, CA
94583
0649-9665 / 831000: G 1116390, $2,500.00, RA 1094 Plan Check,
Windemere BLC Land Co. LLC, 3130 Crow Canyon PI #310, San Ramon, CA
94583
0649-9665 / 831000: G 1116396, $8.052.00, Sub 8716, flan Check
Landscape, Windemere BLC Land Co. LLC, 3130 Crow Canyon PI ##310, San
Ramon, CA 94583
0649y-9665 1 831000: G 111407, $7,525, MS 18-01 Inspection Deposit,
Clyde Miles
Construction Co., Inc,,, 2201 Harbor St., Suite E, Pittsburg, CA 94565
0649-9665 / 831000: G 111411, $38,020.00,/D' P023005 Improvement Plan
Review Deposit Fee, DeAnza Gardens, LP, 3133 Estudillo Street, Po Box
2759, Martinez, CA 94553
0649-9665 / 831000: G 111399, David (& Susan Ziegler (co trustees) Of
Ziegler Trust, 270 Monticello Drive, Walnut Creek, CA 94595
$9.969.00 MS 6-99 Inspection Deposit
$3.850.00 MS 6-99 Map Check Deposit
$5,737.33 MS Improvement Plan Check Deposit
0648-9140 / 812100: 01116399, $236310.00, MS6-99 Tice Creek Drainage
Def'eciency Trust, David & Susan Ziegler (co trustees) Of Ziegler Trust, 270
Monticello Drive, Walnut Creek, CA 94595
0648-9140 / 812100• 61116406, $2.N2 MS 18-01, Drainage befeciency
Mitigation, Clyde Mips
Construction Co., Inc., 2201 Harbor St., Suite E, Pittsburg, CA 94565
819800-0800• G1116399, $3,078..00, Cush Bond, David & Susan Ziegler (co
trustees) of Ziegler Trust, 270 Monticello drive, Walnut Creek, CA 94595
819800-0800. 61116405, $1,000,00, NS 18-41, Performance Cash Bond,
Clyde Miles
Construction Co., Inc., 2201 Harbor St., Suite E, Pittsburg, CA 94565
- _. „-:.: �_+x«m. �v. r,...,a.c.-.....�,;. _ ^ds§%�aH,,.,,zrna+:�c�rr:.bk t�Mi@�•z° ,.' .- .. -..uram�rRNsha.., ...:uws.^a+.riar,*fn.n.., '�..> ».a_. ..,.rx..,�,.:§ k's,�>u#xa. helip
Minor Subdivision: 010018
Bond No.: 103667719
IMPROVEMENT SECURITY BOND
FOR SUBDIVISION AGREEMENT
(Performance, Guarantee and Payment)
(California Government Code §§ 66499-66499.10)
1. RECITAL OF SUBDIVISION AGREEMENT: The developer (principal) has executed a subdivision agreement
with the County of Contra Costa to install and pay for street, drainage and other improvements in Minor
Subdivision 010018, as specified in the subdivision agreement and to complete said work within the time
specified for completion in the subdivision agreement, all in accordance with State and local laws and rulings
thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision.
2. OBLIGATION: Clyde Miles Construction Company Inc. as principal and Travelers Casualty and Surety
Company of America, a corporation organized and existing under the laws of the State of Connecticut and
authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our
heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as
follows:
A. Performance and Guarantee: Ninety One Thousand Seven Hundred and 00/100 Dollars
($91,700.00) for Contra Costa County or any city assignee under the above County Subdivision
Agreement.
B. Payment: Forty-Six Thousand Three Hundred Fifty and 00/100 Dollars ($46,350.00) 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
b•, me County of Contra Costa (or city assignee) in successfully enforcing such obligation, all to be
taxeu' 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 January 7,2003
PRINCIPAL: SURETY:
Clyde Miles Construction Company Inc. Travelers Casualty and Surety Company of America
Address: 2201 Harbor Street, Suite E Address: 350 California Street, Suite 2020
City: Pittsburg Zip: 94565 City: Francisco, CA 9 104
Bye-.:� �l --
Print Name: Clyde E. Miles Print Name: Shirley ork-Bassel
Title: Owner Title: Attorney-in-Fact
......... ......... ......... ......... ......... ......... ......... ......... .......... .... .......................... - -
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
F ss. l
{ ifV.
County of ,! `D3-
On before me,
Date Name and Title of Officer(e.g.,"Jane Doi,Notary Public")
personally appeared
T Narna(s)of Signer(s)
[],personally known to me
.� ,improved to me on the basis of satisfactory
evidence
to be the person whose name° ,,sires !
LISA A.5A EL subscribed to the within instrument and
Commission# 1377110 acknowledged to me that(he/sfaa/t�+ey executed
r` Notary Public - Calf€orNo the same in ; #sjharAhes-r- authorized y
Contra Costa County ` capacity'i and that by r h:�/hefitrtnir `
My Corrm.E)pk%Se�p28,2t105 signatur;Q�;on the instrument the personK,or
the entity upon behalf of which the person X
acted, executed the instrument.
j WITLESS my hand and official se4i.
jj r �,
Signature of Notary Pu64ic f,
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons retying on the document and could prevent
fir; fraudulent removal and rea lachmer+,t of this form to another document. 1f
--Description of Attached Document !�
?; T€tle or'lrype of Document:
Document Dat `•'... Ndrnber of Pages:
N
Signer(s)Other Than Naated Above:
Capacity(ies) Claimed by Signer
Signer`s Name:
�- C: Individual
op of thumb here
Corporate Officer—Title(s):
Partner—❑ Limited ❑General
Attorney-in-Fact
❑ Trustee
Guardian or Conservator
❑ Other:
Signer Is Representing:
0 1999 National,Notary Association-9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www-mtionainetary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
TRA VELERS CASUALTY AND SURETY COMP ANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford,Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: R. Scott Daugherty,G. Sue Dituri, Shirley York-Bassel, of San Francisco, California,
their true and lawful Attorneys)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any
place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances,
contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any
and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by
the duly authorized officers of the Companies, and all the acts of said Attorneys)-in-Fact, pursuant to the authority herein given,
are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies,which Resolutions are
now in full force and effect:
VOTED: That the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President,
any Second Vice President,the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-
in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority
may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other
writings obligatory in the nature of a bond,recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any
time may remove any such appointee and revoke the power given him or her.
VOTED:That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such
delegation is in writing and a copy thereof is filed in the office of the Secretary.
VOTED:That any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional
undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,
any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or
any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under
seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of
authority or by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and
by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND
SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON
CASUALTY COMPANY,which Resolution is now in full force and effect:
VOTED:That the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice
President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact
for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of
attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so
executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to
any bond or undertaking to which it is attached.
IN WITNESS WHEREOF,TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 1 I`"day of January 2002.
STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
)SS.Hartford FARMINGTON CASUALTY COMPANY
COUNTY OF HARTFORD
rcFlARTFOFtD, � �' 19$2. 44 �w�..� .,.rc........—..,.....,,,,.
COWL A COW
ED
`� ►�' �4�` * ' George W. Thompson
Senior Vice President
On this I It3i day of January, 2002 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY
OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the
seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the
corporations by authority of his/her office under the Standing Resolutions thereof.
My commission expires June 30, 2005 Notary Public
Marie C.Tetreault
CERTIFICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations
of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of
Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of
Directors,as set forth in the Certificate of Authority,are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 7t'' day
of January. 2003.
• rY
,g a HARtftp, 19112 By
o a Kori M.Johanson
4,0 ,F`� ��°'e aYy * '' AssistantSecretary, Bond
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of CALIFORNIA
County of ALAMEDA
On January 7, 2003, before me, MICHELE GrLASKY, NOTARY PUBLIC
personally appeared SHIRLEY YORK-BASSEL.
XX personally known to me— OR- Oproved to me on the basis of satisfactory
evidence to be the person whose name is
subscribed to the within instrument and
acknowledged to me that he/she/they
executed the same in his/her/their authorized
capacity , and that by his/her/their signature
on the instrument the person, or the entity
upon behalf of which the person acted,
RNA` executed the instrument.
WITNESS my hand and official seal.
r Signature of ary Pu
�.. 511103 PLACER$42 01-0018
Tax Collector's Office William J.Pollaosk
625 Court Street Contra County Treasurer-Tac Collector
Finance Building,Room 100
P.O.Box 631 (��""````//�� Russell V.Watts
Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector
0063
(925)646-4122 County Joslyn Mitchell
(925)646-4135 FAX Tax Operations Supervisor
Date: 51112003
IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR
COLLECTION (R&T CODE 2608) THIS LETTER IS VOID.
This will certify that I have examined the map of the proposed subdivision entitled:
Tract/MS# Cid T.R.A.
01.0018 ALAMO 66047
Parcel#: 157-070-007-4
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 $18,400.00
This tract is not subject to a 1015 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 ding with the Clerk of the Board of Supervisors.
WILLIAM J. POLLACEK,
Treasurer-Tax Collector
Bond 103667727
PRINCIPAL TITLE COMPANY SURETY
Clyde Miles Construction Co.,Inc. PLACER Title Travelers Casualty& Surety
Company of America
2201 Harbor Street,#E 5356 Clayton Rd. #125 350 California St., Suite 2020
Pittsburg, CA 94524 Concord, CA 94520 San Francisco,CA 94104
Attn: Clyde Miles Attn: Cathy White Attn: Shirley York-Bassel
Phone: 925-427-6257 Phone: 925-681-2015 Phone: 888-959-5944
BOND AGAINST TAXES
KNOWN ALL MEN BY THESE PRESENTS:
That Clyde Miles Construction Co.,Inc. a California C orp'oration, as Principal and (Surety) Travelers
Casualty & Surety Company of America, a corporation organized and existed under the laws of the State of
Connecticut and authorized to transact surety business in California as surety are held and firmly bound unto
the County of Contra Costa, State of California, in the penal sum of Eighteen Thousand Four Hundred and
00/100 Dollars ($18,400.00), to be paid to said County of Contra Costa, for the payment of which will and truly
be in ade, w e a nd each of u s b ind o urselves, o ur h eirs, e xecutors, a dministrators a nd s uccessors,j ointly a nd
severally, firmly by these presents.
Sealed with our Seals and dated this 5th day of February , 2003.
The conditions of the above obligation is such that WHEREAS, the above bound Principal is about to file a map
entitled PARCEL MAP Subdivision MS 010015
covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and
special assessments collected as taxes, against said tract of land covered by said map, which taxes and special
assessments collected as taxes, are not as yet due or payable.
NOW, THEREFORE, if the said principal shall pay all of the taxes and special assessments collected
as taxes which are a lien against said tract of land covered by said map, at the time of the filing of said map,
then this obligation shall be void and of no effect, otherwise it shall remain in full force and effect.
(Approval Stamp) CLYDE MILES CONSTRUCTION CO.,INC.
a California Corporation
By:
(Attach Acknowledgement Traveler&Zasualtv&Suret . Com anv of America
by Principal) e�
{
(Attach Acknowledgement
By: M
by surety) DAT lk:: Aw 3 0) 1 Shirley York-B4SO6 Attorney-in-Fact
BOND RZVIEWkD ANIS APPROVED
CONTRA COEITA COUNTY
TREA,S
BY:
State of California )
' s.
County of ! - rte. )
` ..
{�n f before me, e-
,
Notary PAlic personally appeared 6-', le-
personally known to me (or proved.torn oen the basis of satisfactory evidence) to be the
person(s) whose name(s) is/g6'subscribed to the within instrument and acknowledged to
me that he/s 'rey executed the same in histhen4he4 authorized capacity(ies), and that
by hs/har44ir signature(s) on the instrument the person(s) or the entity upon behalf of
which the person(s) acted, executed the instrument.
Irk
Witness my hand and official seal. �.��=f° ��^�� � � #
osara;Ca.p oas
g b D LC. J.,r.28,iv
SIGNATURE >'• w ?
- - - - - - - - - - - - - - - - - - - - - -- - - -OPTIONAL- - - - - - - - - - - - - - - - - - - - - - - - - -- -
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford,Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: R. Scott Daugherty, G. Sue Dituri, Shirley York-Bassel, of San Francisca, California,
their true and lawful Attorneys)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any
place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances,
contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any
and all consents incident thereto and to bind the Companies,thereby as fully and to the same extent as if the same were signed by
the duly authorized officers of the Companies, and all the acts of said Attorneys)-in-Fact, pursuant to the authority herein given,
are hereby ratified and confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies,which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President,
any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-
in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority
may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other
writings obligatory in the nature of a bond,recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any
time may remove any such appointee and revoke the power given him or her.
VOTED: That the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President
tnay delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such
delegation is in writing and a copy thereof is filed in the office of the Secretary.
VOTED:That any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional
undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,
any Senior Vice President or any Vice President,any Second Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or
any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary,or(b)duly executed(under
seal, if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of
authority or by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and
by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND
SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON
CASUALTY COMPANY,which Resolution is now in full force and effect:
VOTED:That the signature of each of the following officers: President, any Executive Vice President,any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact
for purposes only of executing and attesting bands and undertakings and other writings obligatory in the nature thereof, and any such power of
attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so
executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the fixture with respect to
any bond or undertaking to which it is attached.
IN WITNESS WHEREOF,TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 14"'day of January 2003.
STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
}SS.Hartford FARMINGTON CASUALTY COMPANY
COUNTY OF HARTFORD
Ty AND GAS
NART RD, < 0 1952 0
By—
George W. Thompson
Senior Vice President
On this 11"' day of January, 2002 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY
OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the
seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the
corporations by authority of his/her office under the Standing Resolutions thereof,
V IJ7�
My commission expires June 30,2006 Notary Public
'
Marie C.Tatreault
CERTIFICATE
1, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations
of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of
Authority remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of
Directors, as set forth in the Certificate of Authority, are now in force.
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this 5"' day
of February, 2003.
Y
1992! r By 5� CONK
Kori M.Johanson
Assistant Secmtary, Bond
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of: CALIFORNIA
County of: ALAMEDA
On February 5, 2003, before me, MICHELE GLASKY, NOTARY PUBLIC
personally appeared SHIRLEY YORK.-BASSEL.
XX personally known to me— OR- ❑proved to me on the basis of satisfactory
evidence to be the person whose name is
subscribed to the within instrument and
acknowledged to me that he/she/they
executed the same in his/her/their authorized
capacity , and that by his/her/their signature
. on the instrument the person, or the entity
aGLASKYupon behalf of which the person acted,
(,) COMM.a#9224832
FUSU;-CALIFORNIA V executed the instrument.
e F�:.Rfm'EDA COUNTY �
y; _� ✓ CC,, Nt ,r'.XY.JUN)`-57,2003
WITNESS my hand and official seal.
d1i 3
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Cl
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Signature of N to Public