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HomeMy WebLinkAboutMINUTES - 06032003 - C13 THF BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 3, 2003, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GLOVER AND DESAULNIER NOES: NODE ABSENT: NONE ABSTAIN: NONE DISTRICT III SEAT VACANT RESOLUTION NO. 2003/349 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision IVIS 6-99, being developed by Ziegler Family Trust, Walnut Creek area{District III}. The following documents were presented for Board approval this date: I. Map The parcel map of Subdivision MS 6-99,property located in the Walnut Creek area, Supervisorial District III, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Ziegler Family Trust,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: 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 Originator.,Public Works(ES) On the date shown Contact: Rich Lierly(313-2348) JH:rrn G:\GcpData\EngSvc\BO\2003\6-3-03\1\45 6-99 H0-21.doc W. Public Works--T.Bell,Construction Current Planning,Community Development ATTESTED: JUNE 03 , 2003 T Ziegler Family April 3, JOHN SWEETEN,Clerk f toarl� he Board of Supervisors and Family Trust oTrust David Ziegler&Susan Ziegler(Co-trustees) County Administrator 270 Monticello Drive Walnut Creek,CA 94595 Financial Pack Insurance Company Kevin P.Easterly 3850 Atherton Road By ,Deputy Rocklin,CA 95765 Renet Express Realty John Maes 1910 Olympic Blvd.,Suite 314 Walnut Creek,CA 94596 RESOLUTION NO.2003/ 349 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 6- 99,being developed by Ziegler Family Trust, Walnut Creek area(District III). DATE: June 3, 2003 PAGE: 2 A. Cash Bond Performance amount: $3,078.00 Auditor's Deposit Permit No. 405627 Date: May 21,2003 Submitted by: Ziegler Family Trust Tax ID Number: 083-3€39-956 B. Surety Bond Bond Company: Financial Pacific Insurance Company Bond Number: 5701.373 Date: May 13, 2003 Performance Amount: $304,722.00 Labor&Materials Amount: $153,900.00 Principal: Ziegler Family Trust III, Tax Fetter 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 $6,900.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: Financial Pacific Insurance Company Bond Number: M701374 Date: May 14, 2003 Amount: $6,900.00 Principal: Ziegler Family Trust NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said parcel map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2003/349 r SUBDIVISION AGREEMENT (Government Code 566462 and 566463) Subdivision: Effective Date: f` Subdivider: ?tg Completion Period: r THESE SIGNATURES ATTEST TO THE PARTIiES`AGREEMENT HERETO: . •: CQNTRA COSIA_ QMEY 5t1$I7IVII)BR Ki ,Public Works Director Maurice Shiu r By: (Yriumatisaatle) F�F.C�O .N(7EU PC?l2 APP DVeF _ �r . 6-6 I-E e, BY Engineeritt v ces Division cam„ a� t� ��,Q FORM AITROVEII victor J.Westman,County Counsel (NOTE:Aft signatures to be acknowiedge If Subdivider isarporated,sig- natures must conform with the desigastadrepresentative groups pursuant to Cor. porations Code 5313.) 1. PAR`1`T S&PAIE. Effective on the above date,the County of Contra Costa,California,hereinafter called"County",and the above-mentioned Si„tada i3 idt mutually promise and agave as follows concerning this subdivision: 2. �ROV; q 1'S. Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code(including future amendments thereto). Subdivider shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof as required by the Catikfornia Subdivision Map act(Government Code SS66410 and following),in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder,and where there is a conflict between the improvement plans and the County Ordinance Code,dee stricter requirements shall govern. 3• EMO -SE=Y. Upon executing this Agreement,the Subdivider shall,pursuant to Government Code 566499,and the County Ordinance Code,provide as security to the County: A &rPer1brmar=and to ; $ 1*1 ` it-J cash,plus additional security,in the amount ofS3e4 '7� which together total one hundred percent(100%)of the estims st Of the work. Such additional security is presented in the form of —11 Cash,certified check or cashiers check. Acceptable corporate surety bond. Acceptable irrevocable letter of credit With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount of 5 security is presented in the form of �, '' which is fifty percent(soy,)of the estimated cost of the work. Such Cash,certified check,or cashier's check Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing labor or materials to there or to the Subdivider. N C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount securities may be reduced in accordance with S944.406 and 5944.408 of the Ordinance Code, 4. GUARANTEE AND WA.RRANJY OF WORK. Subdivider guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 964.6, "Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,any defects in said work. The guarantee period does not apply to road improvements for private roads which are not to be accepted into the County road system. 5. PLANT ESTABLM MI;'NT WORK Subdivider agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,teplacirtg 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. IIviPROVI".MENT PLAN Wim_ . Subdivider warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Subdivider shall make whatever changes arc necessary to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of the tetras and conditions hereof, 8. IIIDEMNfTY; Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefitted and protected by this promise arc the County,and its special district,elective and appointive boards,commissions, officers,agents,and employees. B_ The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as complete,and including the defense of any suit(s),action(s),or other proceedings)concerning said liabilities and claims. C. The actions causingliability arc any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to the Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-Condition 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. COST.: Subdivider shall pay when due,all the costs of the work,including inspections thereof and rrlocating existing utilities required thereby. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PEREURMANCE AND COSTS:If Subdivider fails to complete the work within the time specified;n this Agreement,and subsequent extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event the County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if Subdivider subsequently completes the work. Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Subdivider agrees to pay all attorneys fees,and all other expenses of litigation incurred by County in connection therewith,even if Subdivider subsequently proceeds to complete the work. 12. 1NCOR.PORATION/ANNEXATI0N. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,the Countys rights under this agreement and/or any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally. 13. RI=CORD—MAE. In consideration hereof,County shall allow Subdivider to rile and record the Final Map or Parcel Map for said Subdivision. �etlBSVC�OYSSIS -fARtl{�iH.30 G1 l�G1UbC'C:l4,;t', t CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT u.' �'.�_ ''.<z�+'�✓2."�m��','�'�+*•5; r*a�1�.'.'�.a``' rY'�� �"'; "` ✓ c '�.+_a"_�,4.� �'.,�y�'moi,.,"��� �'�`\..�"'�,v,:�':�..r�cm'f��'�."_^�5.. ��i.i�'�' ''%4,`h �. y State of California S& ` County of tai. on #y � ; before me, `'• " Date a Namaland Tede of Officer a. + { g„`Jerre Doe,Notary F36lIc"} personally appeared ( £ ` - % { 3 Ne of Signer(s) K personally known to me � ❑ proved to me an the basis of satisfactory <� evidence >4 to be the person(s) whose name{s} is/are x. subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized f "N GAIL-EtOtLcapacity(ies), and that by his/her/their r n Cotmnission# 13 885$ signature(s) on the instrument the persons), or Z tvotarY Public-Catitomia the entity upon behalf of which the persons} Control Costa Countyacted, executed the instrument. MY Comm.>`xpires DOc 6,200j- WI"SS my hand apoloffiplai seal, 4 r < ; fi 4 'E<? Signature of Notary Publio ' J OPTIONAL Though the informations below is not required by law.it may prove valuable to persons relying on the document and could prevent fraudulent remaval and reattachment of this form to another document. ti4 Description of Attached Document Title or Type of Document Document Date: I =—_ �������;� _ Number of Pages:_ Signer(s)Other Than Named Above: tri Capacity(ies) Cia}med by Sign ' �• 1i F � F Signer's Marne: , , Z° ❑ individual ) Top of thumb here ; El Corporate Officer—T itle(s): ❑i Partner—❑Limited ❑General i ❑ ttorney-in-Fact j rustee ❑ Guardian or Conservator I 1 f1 yw Other: 81 Signer Is Representing:_� ...`.,ti�`�.�r�o�;_;..�..�"'`.3'�' �'�•:�a'✓r,.�.�:a�''n'.�v:.'�M-�3'��^�?...�,:; ;�..�U :.��.r��4'�.�..•.``J,'/��' ''�%�� ,..,l�r..TT.�.'..'' "`J^�U�v?��k,a� ti`;`��'�`'. 1999 National Ntay Assoc'tlor+8350 Ds Soto Ave.,P.O.Be.2402+Chatsworih,CA 91313-2442+agnx.nationainotary org Prod.No.5907 Reorder:Cal{-7c4i-Free?-800-876-582.7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 'MM0 As t State of California f �,.`'�"�of,�`1 ( s;;'�•..,-� SS. �+ County of 4� on £ )t iiiy # 1 -1 �1 .I before rne, 't��y�- 1 i� SC�C��.; �G Data , —.-_� Name and Title of Officer(e.g.,"Jane Doe,Notary Public") k personally appeared g:Y .s�`� I € - l t'fA._ Name(k Signers) ❑personally known to me s ❑ proved to me on the basis of satisfactory t evidence n to be the person(s) whose name(s) is/are 4 subscribed to the within instrument and A ON acknowledged to me that he/she/they executed RUStfV 6Ali HOLUDAY Commission# 1388&58 the same in his/her/their authorized N0tQry Public-California oapacity(ies), and that by his/her/their Contra Costa Couniy signature(s) on the instrument the person(s), or t'�lo COMM.Expires Dec b,2006 the entity upon behalf of which the person(s) sh acted, executed the instrument. s x� k u WITNESS mY hand and official seal. ''� Slgnaiure of NoEary�bifa d � F .J OPTIONAL fN, Though the+n formation belov✓is not required by fa w,it may prove valuabfe to persons relying on the document and could prevent y. ti :.� fraudulent removal and reattachment of this four to another document. f 4 Description of Attached Document Title or Type of Document: 13 '° 11 i Document Date: � 4-� d Number of Pages: 4 Signer(s)Other Than Named Above: Capacity(ies) Cfa}need by Signer,. Signer's Name: ?L ❑ Individual • wt 1^Top of thi;.rrb here X. ❑ Corporate Officer—Titles ❑ Partner— Limited ❑General ` ❑ Attorney-in-Fact i Trustee ❑ Guardian or Conservator Other: w- F -" Signer Is Representing: { r���.�/%f�� �>-�V��{y'�yJth�'/1/"f_'7,^'/.,+"7'l ➢sn•'��i�a` -"•'�'' moi...�'""�'�r'a w ,z. -s`, '�.. 9.N <. 1393 Na..onaf Natay ASsocia:on•3350 Cs Sa,o Ava.,?,O.5oz 2402 .,:ia,.woRF,..,A 9?3i S•24.,c"www.na:iona.nofa y.org Prod No.5907 iieorde Cali 800-875-6827 H f bI m ► 1, ' t .�jjf fil ` go n f dig I BAt A 1H } M W I tt -+ Th W i fill i 11 J a ' �, a 41 h ki k- tl - Jill,yy �y7 Y A pp f] i } GdI Cb s C W ' on 11 j} � Ile ;I ,.. C ,mill Y 6 i x A I 1 12 hit fill I 019111111 11111111581 OR 01 p Im , I i } .ac tAi it '` .�.��, �` '� � =•� ;.-,..,___ .-' "� ,{, ' ' AA�, i CA !,cr- it ; rri � t w } liz 41 � a vans ('t160£aO-66) NV,907 (Lfi".; '80 x tS'Prt) SSO& 107 'Well 70 / (,get1 V1 wt AO as aS ('UZCW "I37LSWOi �. V}n � Y.{L Y"� � ..+' f ♦ , i fL 1L Oji q c� + �•G t1i tooq f5 y4tJCi:ifw w � .775 r' s 'DOW 9t7Z S7 — 010 } r $ ui Zion ..s'c,w.lom 'Awn �, Nut 41 mo .1,"Artf-wls) if y� e� SKS, u$7 — Vl JIC 'W _ i u1 "N9, UM WAV PfbYs ..,_._.�. ....__ �.... 7Y.GQ1 ,9VStt 450,92.{i1N __._.�...m_..�_.�....__...._._ COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER , Z- TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER t jt)'gart;mfion) (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORD. ACCT TASK OPTION ACTIVITY AMOUNT ,� .� 275 tri t 1 t{ �. �-r r) t r -1G' 'j�} �JLd� is �7 1 f 1 �\ 1 i 1 tit S t (jc / s t # W / ` 1 i 00 I # i # i # ._. 4 # i i I I I EXPLANATION: TOTAL $ i DEPOSIT Deposit consists of the fallowing items CO€Nord�C7RREA€� $ CHECKS.M.O.,ETC. BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT -2 ,.�� / PERMIT D P :-t-o. t� NUMBER 1 I DATE ASSIGNED a----�---�----L- E i The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby } r x} I k € acnowe�d e Signe deposit into the County�reasur �}�'} q-�'' f' t , y Signed: ; 1, Signed: Title 7- '/-44XT. .� Deput County Au Deputy County Treasurer J-34 REV.(7-93) .. COUNTY OF CONTRA COSTA "- DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER (Ocwnimiion) (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUNDJORG, SUB' TASK OPTION ACTIVITY AMOUNT ACCT. 43W 15 q 0 f f 1 _ 1 -1 ti I I I 1 1 Lq roll�_ 1 i 3 U iI I IaL ,25 `11Q rf J 1 S 1 , I1�_A L Ij Q {CJI I f� i � 1 t (. EXPLANATION: y TOTAL $ DEPOSIT E7jprtsit,consists of the following items and CURRENCY -l. `r,!L- CtELKS,M.O.,ETC, 5J, fr ? , . BANK DEPOSITS $ �'; r l S J G C, ,s C t {; 7 r FOR AUDITOR-CONTROLLER USE ONLY cl/ ,5 f r DEPOSIT � ` r j PERMIT DIP _' ��.} f � l9 , NUMBER DATE 40562 NOY 21703 ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged. 1 Signed: Signed Title f.""7 1 44eXT. k 7 Dep. County Aud or Deputy County Treasurer 57-34 REV.,7431 ti f COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER; MARTINEZ,CALIFORNIA y 'r RECEIVED FROM ORGANIZATION NUMBER � ;c 4 0 i s (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT ACCT, y E'LA 4A f' 7r T, ! 1 1v 5, 313 L,5 '00} -oq :6 r ' &l; ` a EXPLANATION: TOTAL $ 1 DEPOSIT F Depos`li zomsistt;of the following items COIN and CURRENC7 �. CHECKS,MO,,ETC. $ I BANK DEPOSITS $ l FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP 4-0 62-1 r DATE I �t/ & ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. ReceiptafAbove amount is hereby defosit into the County Treasury. acknowledge . Signed: ���" ;f„ Titie ������ 5+� 1V� Signed: ( ( €XT " Deputy ty Deputy County Treasurer D-34 REV.(7-43) 0649-9665 / 831000: G 1116386, 1.000.00, Sub 8158, Landscape Inspection , Windemere BLC Land Co. LLC, 3130 Crow Canyon PI #810, San Raman, CA 94583 0649-9665 / 831000. G 1116388, $ 500.00, Sub 8149, Plan Check, Windemere BLC Land Co. LLC, 3130 Crow Canyon Pl #310, San Ramon, CA 94583 0649-9665 / 831000: G 1116389, $ 500.00, Sub 8150, Plan Check, Windemere SLC Land Co. LLC, 3130 Crow 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, Plan Check Landscape, Windemere BLC Land Co. LLC, 3130 Crow Canyon PI #310, San Ramon, CA 94583 0649-3665 / 831000: G 111407, $7,525.00, MS 18-01 Inspection Deposit, Clyde Miles Construction Co., Inc., 2201 Harbor St., Suite E, Pittsburg, CA 94565 0649-9665 / 881000: G 111411, $38,020.00, bP023005 Improvement Plan Review Deposit Fee, DeAnza Gardens, LP, 8133 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 M5 6-99 Inspection Deposit $3,850.00 M5 6-99 Map Check Deposit $5.737.33 M5 Improvement Plan Check Deposit 0648-9140 / 812100: G1116399, $23,310.00, M56-99 Tice Creek Drainage Defeciency Trust, David & Susan Ziegler (co trustees) Of Ziegler Trust, 270 Monticello Drive, Walnut Creek, CA 94595 0648-9140 / 812100: G1116406, $2,202.00, MS 18-01, Drainage Defeciency Mitigation, Clyde Miles Construction Co., Inc., 2201 Harbor St., Suite E, Pittsburg, CA 94565 819800-0800: 01116899, $3.0178.003, Cash Bond, David & Susan Ziegler (co trustees) Of Ziegler Trust, 270 Monticello Drive, Walnut Creek, CA 94595 819800-0800: 01116405, $1 ,0001.40, NS 18-01, Performance Cash Bond, Clyde Miles Construction Co., Inc., 2201 Harbor St., Suite E, Pittsburg, CA 94565 Y9 2a 46" CCC PUBLIC WORKS �f 4 P.21 MS950006 Bond No,. S70-1-373 ROVEMNm SZCt;,M BOND c otiamtee,and payment) (Calif'orajo.Govswment Cade §66499-6641,10) r, S uzstyIS1Q A MM.* The developer(principal)bw executed a subdivision ag cement with the County of Conte Costa to in stall and pay for ShUts drAirap and other Improve m uts in Stew i=, MS9 a .a as sped in the sib&Vision,agreseaneot aud to c omp1 a said w"O*within the time speed for complefion,in the subdivision air t�All in a=ordance with State and local Lawws w and r1lingg tbAr4=der jA anter to aadsfy conditions for filing of a kraal hep or poet masp for said SubdivW011, David C. ziegler & Susan 0. zie filer Co-Trustees ZP gA.'r p–m— Zie<jler Family Trust Is,pzfiLcipal M4 e gcaMaany a corporation orgw&zed and s ;ler 1he Lws oftM State of ca l i f ornia and authorized to t wsaet meaty businces an Cal mia, as sme►ty; bgreby joindy and seM&Uy bind oUmalrres, rear l6$ cxacutpg, adsaixtistra ► ,successors and assigns to the Co=ty of Catatm Costa,Cal rtia to pay as fo ows: $304,722.00 Three hundred four thousand A. Pew ltea and+lam tee; Seven hundred twenty. t Dom S, ,3 0417 z 220 .�.., fbr COMM Costa County or any city Assignge under the above Com Subdivision t. $153,900.00 Qne Hundred fifty three thousand. nine 'hundred playmat.. ' a dollars and flans (S_ 153.900 -- - to secM the clams to Bch ref ace is r4a40itz Titl ( ` S vift Section 3082) of Fiat 4 of Division M of the Civil Code of the State of Calrtzaa. Aa The Condition of this obEz4m as to Section(2„A.)above is Mh that if ft above bonded pzimcipal, or primipars Vis,cxaoutozz,ad #xa#orsx SUMMOM or agaigm,91AU in aH flags stand to and Abide by and well and truly keep ad peribnn the coytnants„conditions a4d pmvisions in the said agament and any aluntion f shade a thtrok provided, on it or its part, to be kept aid perfb=ed at the time and in the manner duwein specified and in all mspocts according to their true intent and a=ning and shall indegnaify and sm harrujou the C o=ty of Contra Cc a. (or city a ac its oftleas,a wts ad employe,as th sUPWated.,to this obhpdon sh91 becoms null and void.;obi"It sbill be<and remain in W1 Rnrce and effect. As pwt of the obh$adoa Mumd hemby and in ad6tiosn to the Ace amount specified cher ,there sl ll be Included MMMble costes,Manses and fees,izoluding re=wble attorney's fes,iaeurred by the►County of Contra Costa(or city a a'Vie)is succeafuily eofbrcing sax obligati a,all to be taxed as eom and ineluc ,in eny jctdg==t rant MRY.13.2003 4:07PM CCC PUBLIC WORKS NO.823 P.2 Ms990006 Subdivision: Bond No.: ;701 373 h ROYEMENT SECURITY BOND FOR SISnmsm A.GREEiY1ml.'r1T (Performance, Guarantee and payment) (California Government Cade §§ 66499- 66499,10) 1. REcrrAL op WaniViSIO ,AGRER t1G?+["ac. 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 M 99 9 2 0 0 6 , as specified in the subdivision:agreement and to complete said work within the time specified for completion in the subdivision,agreement, allin 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. David C. Ziegler & Susan D. Ziegler Co-Trustees 2. 09LIGA'TTON: Ziegler Family Trust as principal and VinanCial c nuance Company a corporatioa organized and existing under the laws of the State of California and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, adzuinistrators, successors and assigns to the County of Contra Costa, California to pay as follows: $304 ,722 .0n Three hundred four thousand A. Performance and Gaarantee: seven hundred twenty ti Dollars ($ 304,722.00 for Contra Costa County or any city assignee under the above County Subdivision Agreement. $153, 900. 00 One Hundred fifty three thousand nine hundred 13. Payment: dollars and 88uars (S 153,900 )to secure the claims to which reference is made im Title XV (commencing with Section 3082) of Part 4 of Division M of the Civil Code of the State of California. 3. -C.Q"1T10N-: A. The Condition of this obligation as to Section(2..A.)above is such that if the above banded 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 izn 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 6bligatioq shall became null and void; otherwise it shall be and remain in flill farce and of cct. As part of the obligation secured hereby and in addition to the j.we! therefore;there shall be included reasonable costs, expenses and foes, includ nz reasonaoio a:orrt `s fees,incurred by the County of Contra Costa(or city assigned in successf.:l,y forcar;such cbEgation, all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (23.) 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 iespeot to such work or labor and that said surety will pay the same in an arnount 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 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 shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15(commencing with Vection 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 tWs obLgat on 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 givea to make such alteration without further notice to or consent by the surety; and the surety hereby waives the provisions of California Civil Code Vection 2819 and holds itself bound without regard to and independently of any action against the principal whenever taken. SIGNEVAND yALED on May 13th, 2003 David C. Ziegler & Susan D. Ziegler Co-Trustees ]v"' NC1Epr1L• Ziegler Family Trust SURETY: Financial Pacific Ins uranrce ComParl Address: 270 Montecillo Drive Address: 3850 Atherton Road City: Walnut Creek ca 94595 City: Roc} lin Ca zips By By: f Print Name: tName: Kevin P. �'asterly Title: Title: Attorney-in-Fact President 1D:mw laP IOWA C;�Crybaa�agSro\F'nentsiE3N W0R�1bN.i2.dx Roy.Nonwba 26,2000 ��-j� ��j� �0004d 0 WkOW uiA p �99aod — etgCi lL9L CION x8J JK9()d q�NOM n 71snA nnn - •-w�v.ri:t7 ................ LIMITED POWER OF ATTORNEY Financial Pacific Insurance Company BOND NUMBER M 701374 POWER NUMBER 701374 PRINCIPAL ZIEGLER FAMILY TRUST PENAL SUM $6,900.00 KNOW ALL MEN BY THESE PRESENTS, that Financial Pacific Insurance Company, a California corporation(the"Company"), does hereby make,constitute and appoint: Kevin P. Easterly its true and lawful Attorneys-in-Fact,with limited power and authority for and on behalf of the Company as surety,to execute,deliver and affix the seal of the Company thereto if a seal is required on bonds,undertakings,recognizapces orl -ther writteluabligations to the nature thereof as follows. Bid,Performance,Payment,Subdivision and MiseeR,an 1,1 up to $1,000,000.00 and to bind the Company thereby. This Power of Attorne ���st d alr �� �� fA "'M der and by the authorityof the following resolutions adopted by the Board of Directors of Fin ane I t i rk�ti ancee. want' t e.tt eetitx duly held July b, 194 which are now in full force and effect: RESOLVED awt ji fit or anytl 'resWriL to etidg wiEt 'tho Secretary'or any Assistant Secretary, may appoint attorneys-in-fact or ifs a Ott as defined Brntte 'in �� 0"Vt eiicip the appointrrtent zn each case, for and on behalf of the x nd��and said officersterna drettr� su of t Compant eta tdtaltspgs,recognizance,artd suretyship obligations of all p any, a y z y-mM#`ct#fir el ia�3� , dower of attorney previo ly granted such person. RESOLVE URTHER, that rmy'bc d1 d"Idorlakit r i*AA f ctr apt I hip obligation shall be valid and binding upon the Company when signed and sealed (if a seal'l9e gtazi by o t31 ��Fil� ar7fact l7u°tsuant.£p and within the limits of the authority evidenced by the power of attorney!issued by tft any: 'sum RESOLVED FURTHER,that the signature of any authors ed of dei and t o seal of the-Comp 3y rmay,be affil by facsimile to any power of attorney or certification thereof autthhorizing the execution d cle aye qf,,g*'bond,undertaklng,two idz"Ce, or other suretyship obligations of the Company;aziy such signature and seal when so usetl'iIia#I haus the tme t tree til effect as flida 'Manually affixed. IN G. �pcial Pacific Insurance Company has caused these presents tube signed by its proper officers,and its corporate sea lko �� G. fiber,2002. Y 'T )Ut 2 Robert T.Kingsley,Presiders J n R.Hollingshead,Secretary �'• 1985 2'°•.CSL NR 3ttt�4iVAAAAA�: STAN OF CAL-1PQRNIA,COUNTYi OP SACRAMENTO Or is.IStlr`day©f pvemis t, X02,pe onalTy m "before me Robert Z K gsley and john R.Holl;ingshead, to me known to be the individual and offie ri<of Fina'cial Pacific Insurance Ca' panyy who eitecuted the above instrt merit,and Ithey have acknowledged the execution of the same,and being by me duly sworn,did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. el ANN SCHREMP .� Comm.#1238089 ` NOTARYPUBLiGMIFORMA � .. PiawrCouniy .a nn ASchrem Not Public MY CQnm.Expkw March 27,2005 p'Notary Y CERTIFICATE I, the undersigned Secretary of Financial Pacific Insurance Company, a California corporation, DO HEREBY CERTIFY that this Power of Attorney remains in full force and effect and has not been revoked and furthermore,that the resolutions of the Board o Directors set forth, and that the relevant provisions of the By-Laws of the Company,are now in full force and effect. Signed and sealed at Sacramento,this 13th day of May 20 03 0,41 John ollingshead,Secretary KFinancial Pacific 1 Insurance Company seal must be affixed CA[.MORNIA ALL-PURPOSE AGKNC3WLEGGMENT No.5907 State of - s v a . County of i ITN On � P !✓ y ltd+ before me, JA i rQ_ w s Y DATE NAME,TITLE OF OFFCER-E.G.."JANE DOE,NOTARY PUBLIC" personally appeared NAME(S)OF SIGNER(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 DAVID A,I'll signatures) on the instrument the person(s), 3 0a 12 Commission 0 1 NotayPublic-Cat rwa or the entity upon behalf of which the CommCostsCourtly person(s) acted, executed the instrument. SeP24.MN WITNESS my hand and o"Nal seal. s� SIGNATU 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 OFFICE F ` " TITLE OR TYPE OF DOCUMENT TITLE(S) PARTNER(S) ❑ LIMITED GENERAL ❑ ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: r i NAME OF PERSON(S)OR.ENTITY(IES) SIGNER(S)OTHER THAN NAM90,ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Returnat Ave.,P.O.Box 7184-Canoga Park,CA 91309-7184 v y CAL.IIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of County of On # = , before me, DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC" N", V.. personally appeared. - NAME(S)OF SIGNER(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 t - the same in his/her/their authorized cAvt3, .BR �VN c a y("ac i t les y t commis 0`12 p ), and that b his/her/their ion#i3 NotsrYPublic-Gsilforms signatures) on the instrument the person(s), Contra coswcount-Y or the entity upon behalf of which the My �, . ; sem,2�a,els y p person(s) acted, executed the instrument. WITNESS m t a, nd dficia seal. SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by taw,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 1 "� TITLE OR TYPE OF DOCUMENT TITLES) C PARTNER(S) ❑ LIMITED 7 GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES KTRUSTEE(S) GUARDIAN/CONSERVATOR El OTHER: 13 DATE OF DOCUMENT SIGNER IS REPRESEN nNG: f ' NAME OF P FtSON(S)OR EN r17YjtE5) � •`' € « t � i_.:5� SIGNER(S)OTHER THAN NAMED AB VE 01993 NATIONAL NOTARY ASSOCIATION-8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 _.Sf1/03 OWNER$42 99-0006 ` Tax Collector's Office Wiliam J.Poilaaak 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 900 P.O.Box 639 `` Mussell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 y CountJoslyn Mitchell (925)64.6-4135 FAX ��11 Tax Operations Supervisor 'i Date: 5/1!2003 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract/IVIS# City T.R.A. 99-0006 WALNUT CREEK 98009 Parcel#. 188-031-009-7 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 $6,900.00 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-Tax Collector By: � w FINANCIAL PACIFIC INSURANCE COMPANY PO BOX 292220, Sacramento, CA 95829-2220 BOND NO: M 701374 PREMIUM: Included in Performance Bond PAYMENT BOND BE ADVISED THAT Contra Costa County hereinafter referred to as the Obligee,by appropriate action to Ziegler Family Trust hereinafter referred to as Principal, for the item described as follows: Property Taxes, Dev. No. MS990006, (2003-2004 tax year) The Principal is required to furnish a bond in connection with the contract guaranteeing faithful performance We the undersigned Principal and Surety are held and firmly bound to the Obligee in the sum of: Six Thousand Nine Hundred and no/100 Dollars($6,900.00) to be paid to The Obligee, for which payment we bind ourselves, our heirs, executors, administrators, successors or assigns Jointly and severally, firmly by this bond. The condition of this bond is this that if the Principal, its heirs,executors, administrators, successors, or assigns, well and truly perform the covenants,conditions and agreements in the contract and any alterations made as provided in it, at the time and in the manner specified and indemnifies and holds harmless the Obligee,its officers, and agents,as stipulated in the contract,then this obligation shall become null and void, otherwise it shall remain in full force and effect. The Surety, for value received, stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the contract or the work to be performed or the specifications shall in any way affect its obligation on this bond and it waives notice of any change,extension of time, alteration of addition to the terms of the contract,the work, or the specifications. AS WITNESSES,we have affixed our signatures and seals this 14th day of May,2003 Princi �1} 9 Principal: iegler Family TXust SOND REVIEWER AND APPROVER By: Ile CONTRA.COSTA COUNTY � ` RRA St E CtJ ECTOR Name and Title: 'W/ �� ! 7 t- X Y . - `� �sL ,a ��- Address: 270 Monticillo Drive, Walnut Creek, GSA 94595 (Surety Seal) Surety: FIIyANCIAL PA FIC INSURANCE COMPANY By: Kevin P. Easter y,Attorney-in-Fact Address: 3850 Atherton Road Rocklin, CA 95765-3700 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 0 State of California ss. County of Or, before me, U rata Name and Title of Officer(e.g.,'Jane Doe,Nofary Pubiid) <� yr personal€y appeared _4 Nam. )of Signers) �y ❑personally known to me f loved to me on the basis of satisfactory >7 evidence to be the person(s) whose names) is/are subscribed to the within instrument and ' + acknowledged to me that he/she/they executed ?. %.r ROBiN the same in his/her/their authorized Q Commission#1388858 Notary Putbic-Cdii€ornia capacity(les), and that by his/her/their > Contra Costa County signature(s) on the instrument the person(s),or My Comm.Expkw Dec 6.2006 the entity upon behalf of which the person(s) acted, executed the instrument. 4 / �! y WI SS my hand and official seal, F r �M. . ,3 gnazure of N,ary�e6.ic Yi OPTIONAL Though the information below is not r equired by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and,&attachment of this form to another document. ; Ai }.. Description of Attached Document F. Title or Type of Document: r F, / IJ r Document Cate: ✓T Z Z Number of Pages: Signers)Other Than Named Above: ?S. Capacity{ies}C1 aimed by Signer Signer's Name: 11�t to- Individual TOP Of thumb here Corporate Officer—Title(s): Partner—❑ Limited ❑Genera€ k`%r Attorney-in-fact i Trustee l F l � ❑ Guardian or Conservator � }ot: £: ❑ Other: r i Signer Is Representing: �J �F��:.;`.f,:.:t'r:-..,513''.f?:��`.n'�a'�''...z'��; .�;�`� ..�•�;.,,'`?��'�✓'�;r� rl��r�!J,����`''�rr`.���t;��'c?:�%�C`��'�`��`N�:�.y',;�': "`5`�.;�,`'�` ��;?..�;<. 0 t999 Natioral Nota.•y AssociaTon+8350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www riatichalnofaryorg Fro-.No.5907 Reo.der:Gail T!;-Free 1-800-8.78-9827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT xy State of California ss. County ofs€ff On ,._k. >: ZW before me, t ,.�. Dasa'� � ops Na�rie and Title of Officer(e.g.,"Jane doe,Notary Public") personally appeared ;` " i ,z%': 1R '< Name(s)of Signe. personally known to me 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 ROSIN GAIL HOLLIDAY the same in his/her/their authorized vy Commission# 1388858 ` a, eapaeity(ies), and that by his/her/their Notofy Public-Oa€itomia a d Contra Costa County signature(s)an the instrument the persons),or twlyComm.1 Expires Dec b,2€}�df the entity upon behalf of which the per�on(s) s acted, executed the instrument. WITNI 'ESS my handed official seal : Signage of Notary P oiic ; w� OPTIONAL Though the information below is nc!required by law,it may prove valuable to persons relying on the document and could,prevent fraudulent removal and reattachment of this form to another document. M Description of Attached Document - � 4 Title or Type of Document: , Document Date- t Number of Pages: s Signer(s)Other Than Named Above: {h Capacity(ies) Claimedby Signer tG. Signer's Name: / ' ?a ❑ #nd#vidua! You of`humb here ❑ Corporate Officer—Title(s): El Partner—E, _invited 11 General! <Attorney-in-f=act Trustee !❑ Guardian or Conservator ' ❑ Other: Signer is Representing- LL epresenting:} 4 ;y syr_ ,per 0 1999 Natiorai Notary Association"9350 De Soto Ave.,P.O.Box 2402: Chatsworth,CA E1318.2402.wvm.nai!onaino,ary.org ?rod.No.5907 Reorder:CEN Toll-Free 1-800-876-6827 ...........I..''.,....I....I.............I.....I......I...I....I.....I.....I....I..,.........................I.............I.....I.....1.11 11 .............................................................................................................................................................. .... .. ........... LIMITED POWER OF ATTORNEY Financial Pacific Insurance Company BOND NUMBER S 701373 POWER NUMBER 701373 PRINCIPAL ZIEGLER FAMILY TRUST PENAL SUM $304,722.100 KNOW ALL MEN BY THESE PRESENTS, that Financial Pacific Insurance Company,a California corporation(the"Company"), does hereby make, constitute and appoint: Kevin P. Easterly its true and lawful Attorney s-in-Fa"with limited power and authority for and on behalf of ire Cos pApy as�,surety,to execute,deliver and affix the seal of the Company thereto if a seal is required on bonds,undertakings,recognizartcc�%P­K'�oi*her wri'aft:obligations in the nature thereof as follows: Bid, Performance, Payment,Subdivision and Misee i a, UP to$1,000,000.00 ,d aoifli, :�:'b oasbwj�:�Oder and by the authority of the following and to bind the Company thereby. This Power of Attorng-J, p duly held hily 6, 1995,which are now in resolutions ado pted by the Board of Directors of Fina saac; M, any-i eq#g 0, A)b full force and effect: rogv 11 ,11.1 -vith'the Secretary Assistant Secretary, may appoint RESOLVED, i t or any C6 0 =,in each case,for and on behalf of attorneys-in-fact or aj&S 144 as dea in thj�ilisfi -M ',0'dgnqiA�g the appoi ys _d 'Aings -and suretyship obligations of all ompanytob,hds,iu I b 0 ompany to execti W the C , - 0 , 11 rt recogmzances,�, CIA,and, kinds and said.officers may remove sut! Me' W,f gly ed such person. my- -actW 4 4 00 of attorney previou ZA n t4-0 RESOLV1i6":VURTHER, that kipy',�'bd d�. 6 , 4 - u surerlp�obligation, shall be valid'and binding upon the qjul re" y,,,ojw:br-McW0 mliy'i�dp ae pursuant.to an Company when signed and scaled cif a s4lhe� fW act he linifts of the authority d within t" evidenced by the power of attorney issued b-y,,tl*Compaqb 40dw0e,tson-orpe 0n1C_:'" '_ RESOLVED FURTHER,that_the sAignature of any au[f5tied'offtc •attd the m4f of tfie,,Conipp,may,b, .4 c,affixed by facsimile to any power pf attorney or certification-thereof authorizing the execution` '41'I'very, f i4fidertAlcit4�,rec6, her suretyship Any" pizance, or other obligations of the Company;,4uy such signature and seal when,so use(I-ft1l�jve'the`:$Ant foist and,effect as thdrd. ' ally affixed. Mann IN ViAucial Pacific Insurance Company has caused these presents fol-bo,signed by its p r Ificers, and its corporate seal' rope of p Amber,2001 _4 W �OLY 22 'o= Robert T.Kingsley,Presider) JTn R.Hollingshead,Secretary STAT-E,OF C'ALIFORNIA C 0 Of SACRAMENTO On, 4a the this l5thj y,'Wiiovemi4t 1,002 pe6bnall " ' y paralo before me Rohert%�K_li -ya h gsl,,, ,nd lo n R,,flollingshead, to me known to be individualt,and.offidiriof Financial, ac% Iiis 4anec Companywho executed theaboveinstrument,and they,have acknowledged the execution of the same,and being by me duly sworn,did severally depose and say that they are the said officers of the corporation aforesaid and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the Board of Directors of said corporation. ANNSCHREMP Comm.#1298089 0 NOTARY PUBLIC-MIFORNIA PlawrCowly My Comm.Exphas,Maft 27,2W5 Ann Schremp,Notary Public CERTIFICATE 1, the undersigned Secretary of Financial Pacific Insurance Company, a California corporation, DO HEREBY CERTIFY that. this Power.of Attorney remains in full force and effect and has not been revoked and furthermore,that the resolutions of the Board o Directors set forth, and that the relevant provisions of the By-Laws of the Company, are now in full force and effect. n I Signed and sealed at Sacramento,this 13tH day of. , May —.20 03 - --------- John 1�ollingshead,Secretary Financial Financial Pacific Insurance Company