Loading...
HomeMy WebLinkAboutMINUTES - 04202004 - C11 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 20, 2004,by the following vote: AYES: SUPERVIOSRS GIOIA, UILKEMA, GREENBERG, DESAULNIER ANND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 189 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 98- 0001, being developed by David P. Fisher&Denise B. Fisher, Walnut Creek area. (District III) The following documents were presented for Board approval this date: I. Map The parcel map of Subdivision MS 98-0001,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 David P. Fisher & Denise B. Fisher, 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: Frank Navarro(313-2264) LS:rm G:\GtpData\EngSvc\BO\2004\04-20-04\MS 1-98 BO-2l.doc cc: Public Works_T.Bell,Construction ATTESTED: APRIL 20 200�F Current Planning,Community Development T-February 20,2005 JOHN SWEETEN, Clerk of the Board of Supervisors and David P.Fisher&Denise B.Fisher 4050 Stone Valley Oaks Drive County Administrator Alamo,CA 94507 Indemnity Company of California 11780 Fitch Street Irvine,CA 92614 By ,Deputy Attn:Sandy Black RESOLUTION NO.2004/ 189 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 98- 0001,being developed by David P. Fisher&Denise B. Fisher, Walnut Creek area. (District III) DATE: April 20, 2004 PAGE: 2 A. Cash Bond Performance amount: $1,000.00 Auditor's Deposit Permit No. 421345 Date: March 18, 2004 Submitted by: David P. Fisher &Denise B. Fisher Tax ID Number: 484-80-1792 278-54-3032 B. Surety Band Bond Company: Indemnity Company of California Bond Number: 5666625 Date: March 25, 2004 Performance Amount: $23,400.00 Labor&Materials Amount: $12,200.00 Principal: David P. Fisher&Denise B. Fisher II1. 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 2003-2004 tax lien has been paid in full and the 2004-2004 tax lien,which became a lien on the first day of January 2004, is estimated to be $12,000.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Auditor's Deposit Permit: 420831 Date: March 10, 2004 Amount: $12,000.00 Principal: David P. Fisher&Denise B. Fisher 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. 2004/189 N " V o Tit 4m ° � 1 Z w '!s Y Kr qj N 50 9k o iT 7 t7Y dt~� fid Y!1r L� 1io �a,-OV-%V e *yE bA 2L °. w G Z NS �G' '''F Ldp,. C a. CS t7 �Y2 pAt 7� y G ,�+,5 v� 16 16 v`^.` t3 w $ �`Gmj 4 d$�ryrr Y 1 Y Y O Z'! U U 1 5 O' Z 2 tom• `d �j b " s a a CA Vi lk _I 1 At v �r Pints. e At o� o �ry �Y i r� ---�� OA C va LA tdiSGN"tq+j�t � Y r f At c ,c16 �a m Vr,, � `a o ( 4s45' d L41 � Ob Je � 1 W i M fish / G ' rg list �� � t JD`ems 4 .` pit OLArt\ I-S to APO ✓fir" ,.........�r � �W t� � y7�, SUBDIVISION AGREEMENT (Government Code§66452 and§66463) Subdivision: _ 01 IS Principal: \\ ,/� / �✓��t's e '�^d Silk,a,,, Effective Date: IPL `�I�16/0� Completiou Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTYPRINCIPAL ` �µ Maurice M.Shiu Public Warks Director � � r�4 By ' p F,f"` (Signa+ure) (Print name&title) RECOMMENDED r07APPROVAL By: (Sig-) E gineering Servic Division (Print naive&title) FORM APPROVED: 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.) PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Conn "and the above-mentioned Erinc a€,rnutuaPy pr�rmise and agree as follows concerning this subdivisions 2. IMPROVEMENTS. Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code (including fitare 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. 1 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, i cash,plus additional security,in the amount:$ 400, cam: which together total one hundred percent(€00%)of the estimated cost of the work. Such additional security is presented in the form of Cash,certified check or cashiers check. Y 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:S a te`t>r t o which is fifty percent(50%)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check 'y Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees payment to the contractor, subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal,the amount securities may be reduced in accordance with§94-4.406 and§94-4.40$of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Principal guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to road improvements for private roads,which are not to be accepted into the County read system. 5. PLANT ESTABLISHMENT WORK. Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement pians for the work are adequate to accomplish the work as promised in Section 2 and as required by the conditions of approval for the subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes necessary to the plans to accomplish the work as promised. 7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the Principal of the obligation to fulfill this agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply with any of the terms and conditions hereof 8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnities benefited and protected by this promise are County and County's special district,elective and appointive boards, commissions,officers,agents 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 ofwhether or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as complete and including the defense of any suit(s),action(s),or other proceedings)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 oz them; D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Principal shall pay when due,all the costs of the work, including inspections thereof and relocation of existing utilities required thereby. 10. SURVEYS. Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the Coenty Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS:If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Prncipal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work, Principal agrees to pay all costs incurred by County, even i£Principal. subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work. 12. INCORPORATION/ANTNEXATION. 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 party beneficiary against Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8 (Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation. 13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision. RL IWad GAGcpData\SngSvc�Fomis'AG WORD\AG-30.doe Rev, Octoba 2-1,2001 CALIFORNIA ALL-PLTAPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION s County of L/j/ za, CAPACITY CLA14MED BY SIGNER On be re me, L Though statute does not require the Notary to fill in 4ATOM TITLE OF O ICBRE.G.,"JANE DOB,NOT Y PUBLIC° the data below,doing so may prove invaluable to personally appeared .� persons relying on the document, s)OFSIONBR(s) ❑ INDIVIDUAL 0 personally known to me-OR roved to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S) be the person(s�-whose name(o)is/we Ci.ALVDiA RA,1,J subscribed to the within instrument and rIT F(S) C cr Fait suitor.;9 131 73 acknowledged to me that he/shsAwy executed 0 PARTNER(S) 0 LIMITED the same in his/heP Icivauthorized NUU-, Public P blit calif:2min capacity( iesj and that byhislhe»4kei+ 0 GENERAL d %wl;4Kt t ,,t osta Cot3nty Ysignature(s}on the instrument the person(4)or 0 ATTORNEY-IN-FACT ❑ TRUSTEES) d o1e entity upon behalf of which the person{s} ❑ GUARDIAN/CONSERVATOR acted,exe d the instrument. 0 OTHER: ITN SS my officia al, SIGNER IS REPRESENTING: (NANIE OF PERSON(S)OR HNTITY(IES)} SIG NA OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE EX)CUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signs exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNE HIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should a signed by two officers, one from each of the following two groups: GROUP 1. (a)The Chair of the Board b The President c Any Vice-President GROUP 2. 11The Secretary b An Assistant Secretary c The Chief Financial Officer d 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: if..and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." JC:MW kVWSAISHARDATA\G.TDAMTngSvelFomuNWORD FORMSVJ LPURPOSB NOTARY.doc CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State ofOPTIONAL SECTION County of i A.-fa! eSA! _ 6' -40SA CAPACI'T'Y CLAIMED BY SIGNER t On J rs Gil before me, 1Gfr#b 0 JlkY7,Cf;+t/ I�tA!'trt Though statute does not require the Notary to fill in DATE NAME,TITLE OF OFFICER E.G.,"JANE DOE,N A PUBLIC° the data below,doing 50 may prove invaluable t0 j persons relying on the document. personally appeared` �-�'t"' NAME(S)OFSIGGNEERR(S) 0 INDIVIDUAL ❑ personally known to me-OR-roved to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S) be the person(kwhose nam*)isl;xe TITLES) subscribed to the within instrument and acknowledged to me that>elshe/gwy executed ❑ PARTNER(S) 0 LIMITED the same in Wwber/gwir authorized C] GENERAL A43Ct 1 capacity(*),and that byAWher/thea p ATTORNEY-IN-FACT o mon$T a4Q7"a� signature(s�-on the instrument the person(&)or ❑ TRUSTEE(S) rf"A the entity upon behalf of which the person(e Aar uz xr`' acted,executed the instrument. ❑ GUARDIAN/CONSERVATOR C �Ct�u ` 0 OTHER: WITNESS rO hand and ffieial se SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITY(IES)) SIGNATUR9 OF NOTARY OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by taw,it may prove valuable Date of Document i to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County, I. FOR ALL SIGNATC.JR-ES_ - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. II. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS - Si Hing party must be either a general partner or be authorized in writing to have Bi- the authority to sign for an bin e partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two o vers,one from each of the following two groups: GROUP I. (a)The Chair of the Board b The President c Any Vice-President GROUP 2. a The Secretary b An Assistant Secretary c The Chief Financial Officer d 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." JC:mw 11PWS,VSHARDATA%C=DuaTngSvciFeums\WORD FORMSiALL PURPOSE NOTA.RY.doc ltna�fii� t'�§Q} COUNTY OF CONTRA C 05TH DEPOSIT PERAW OFFICE OF COUNTY AUDITOR-CONTROLLER t TO THE TREASURER: MARTINEZ,CALIFORNIA / 1 RECOVED FROM ORGANIZATION NUMBER (For Gash Collection Procedures see C mty Admin°ratratoes Bulletin 105.) DESCRIPTION FUND/OM SUEL TASKTKJN ACTIVITY AMOUNT S 1 � ' 0.6915i f Mki -4 f I I d001.-90 91qo Get 4 '� I _: . r ZLZ171,6 _ l o0 q6 n x 1 Pe- fj 011 Lw#f-�q ` t 6J00;25 2-5L a ExP' ANATION: t ja C7 61 DEPOSIT L t ' l f 1t COIt consists of the kygowing ifiems N and CURRENCY s f • � CHECKS,M0,ETC. $ . -y/^.', j4. , BANK DEPOSITS f I ,I �.Z "}12?7tom` r; FOR AUDITOR-CONTROLLER USE ONLY 0 DEPOSIT t) !C� PERMIT DP f_' .? 2 NUMBER j2,,P4 y g.:�r /4 ,2 q677 6 rl.2 lt-7 ?1'4-?q.3'V ?r?,73 3 u ' DATE 421345 MAR 1814 •1 `� rX"?'' r( to 1 t f 1 ASSIGNED The amount of money described above is for Treasurer's na 4t of above amount is approved Receipt of above amount is hweby into the County TreasuryQ ocla>a ate 31 . � rr�'"fLJfri(..�' T EXT j Deputy County Auditor Deputy Treasurer d_34R@Y.(7-93) ir.�IY _ COUNTY Of CONTRA WbIA E DEPOSIT PERMIT " OFFICE OF COUNTY AUDITCMR-CONTROLLER f TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER (For Cash.Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG. SUL ACCT TASK OPTION ACTIVITY AMOUNT ti i KEV 60 3 5,5 . q �t �7 C Q ' 1 4631.0 51VO.23 / Lq-VI 641102;5V / 'Z11 X13 rJ EXPLANATION: A �c t�•w t 4, p, p a 7 r t/y3 TC>TA! i f5" DEPOSIT i p,1} 2 q Bw 126)eq I it consists of the following itorns (t. 12 7096 -2 _`` 1 e- !7-5EI ' '..� I/.3q3 COIN and CURRENCY $ f} X f7� ;• L77 02 zt.r/ 'Ro f CHECKS,AO,ETC- $ BANK DEPOSITS $ C I'OR AUDITOR-CONTt2OUR USE ONLY PERMIT DEPOSIT DP 1 a 7 NUMBER DATE ' ASSIGNED The amount of numW described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby posit into the County Tmasur)c acknowledged. Si T'It4e. ,��v EXT 3-2 J� `f � ` � �grxd. Deputy Treasurer 0-34 REV.tr-93) ; L . 6 LVUl�II T.tJrt.tn�l�Rn�..va�r. DEPOSIT PERMIT OFFICE Of COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA L4 RECEIVED FROM r ORGANIZATION NUMBER ice! (For Gash Calkection Procedures no County Administrator's U6tin 105.) DESCRIPTION FUND/ORG. ACCSUIL TASK OPTION ACTIVITY AMOUNT l'1bag gj 113 I I 1 -1 41 t I I 1IL I t I es t t4 &.;2 I I J--1 I tLI i I J f l^� r )VV �} �t�? 1!� ltj1 / `f�+ i7 LauAc351 j LEW- -16 f �7 - n x ` ZZ05 5E 00-->A1' o, ,25 EXPLANATION: TOTAL $ 1 DEPOSIT Deposit corWsts of the following items COIN and CURRENCY $ CHECKS,MO.ETC. $ BANK DEPOSITS $ FOR AUDrrOR-COt4TROLlWf DEPOSIT �r Y PERMIT '► "•f"" NUMBER DATE + ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above onxwW is hereby deposit into the County Treasury, acknowledged. } w S"*4 I 4 ,KAa-v�� Date El�o -a&" Signed. G This: JK- V EXT: - Deputy County Auditor Treasurer D-344 REV.17-93) ,�i,,,,J/ `� # t. � j� n t, 1 1 WUNIr %Xc,Lmirtx+,.%{aiH k DEPOW PERMIJ OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MART Z,CAUFORNIA RECEIVED FROM ORC ANIZATION NUMBER 4. D (For Cash Collection Procedures no C.amty Admin6trator's bAWn 105.) DESCRIPTION FUND/ORG. SUBTASK N ACTMTY AMOUNT ACCE l 35rJ� L t LU6qq Z- 65 to�6`' ..` 'TO I till I I .. I I 3 EXPLANATION: TOTAL $ DEPOSIT M Deposit consists of the folkywing item CON and CURRENCY $ CHECKS,MC)ETC BANK DEPOSITS FOR AUDf 0R-CONT SE0NW', j DEPOSIT f ' PERMIT ap y` NUMBER DATE f ASSIGNED The amount.of money described above is lex Tretnurer's receipt of above amount is approved. Receipt of above amount is hereby dpositeirdo the County Treasury. _ acknowledged. Title: C EX C � {! Deputy ► Y Deputy Treasurer D-34 REV f7-9sy 0649-9665 / $31000: 01122981, $1.400.00, DP 403-034, Cash Deposit for Drainage Deposit, CH 2 M Will Constructions, Inc. PO Box 241320, Denver, CO 80224 06499665 / 831000: 01122983, $11,572.C3►U, DP-023052, Development Permit, Canyon Creek Presbyterian Church, 3470 Fostoria Way Suite D, San Ramon,CA 94583-1370 0649-9665 / 831000: 61122985, $29,564.00, RA1153, Road Acceptance Review, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 0649-9665 / 831000: 61122986, $9,454.00, DA 0031, Drainage Review, Shapell Industries of Northern California, 100 North Milpitas Blvd. Milpitas, CA 95035 0649-9665 / 831000: 01122988, $41,320.0 , Sub 8774, Major Sub Improvement Plan Review Deposit, Windemere BLC LLC, 3130 Crow Canyon PL #310, San Ramon, CA 94518 0649-9665 / 831000: 01122989, $59.100.00, Sub 8777, Major Sub Improvement Plan Review Deposit, Windemere BLC LLC, 3130 Crow Canyon PL #310, San Ramon, CA 94518 0649-9665 / 831000: 61122993, 51) 8458-00, Bundle LLC, 114 Camino Pablo, Orinda, CA 94563 Map check Overrun, $218.53 CDD cost overrun, $3,776.2b COA Comp Check $1,000.00 Insp Cost overrun $2,624.96 Inspection Deposit $1,0017.00 0649-9665 / 831000: 01122994, $2.137.00, MS 00-0005, Inspection Fee Deposit, Oliver & Christina Nalley, 1285 Clover Lane, Walnut Creek, CA 64595 0649-9665 / 831000: 61122995, $1,0300.00, MS1O-O3,COA Completion Check, Jeff Murdoch & Heather M. Torres, 3035 Miranda Ln., Alamo, CA 94507 0649-9665 / 831000: 01122995, $500.00, DP 3005-03, Inspection Fee. Deposit, Vincent L. Martino, 21 Snowdrift Ct., El Sobrante, CA 94803 819800-0800. G1122984, $1,000.00,0, MS 1-98, Performance Cash Bond, David & Denise f=isher, 4050 Stene Valley Oaks Dr., Alamo, CA 94507 $198{30)-0800: 61122992, $100,000.00, SD 0008458, Cash Bond, Rae Cole, Thomas a. Cole, E. Tracy Cale, 12540 Roble Ladera Rd. Las Altos Hills, CA 94022 0648-91403 / 812100, $14,712.50, Sb 8458-00, Drainage Deficiency Mitigation, Bundle LLC, 114 Camino Pablo, Orinda, CA 94563 0648.9240 / 812100, $10_880.00, M51O-03, Drainage Deficiency Mitigation, Jeff Murdoch & Heather M. Torres, 305 Miranda Ln., Alamo, CA 94507 V00 AKER 41,2"# 311.01,04 PLACER $42 098.0001 Tax Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 1100 P.O. Box 6311 �`Costa Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX County Tax Operations Supervisor obi BNae� ';<I Date: 3/10/2004 IF THIS TRACT IS NOT FILED PRIOR TO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LETTER/S VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract I MS# City T.R.A. 098-0001 WALNUT CREEK 98002 Parcel##: 182-180-014-5 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 2003-2004 tax lien has been paid in full. Our estimate of the 2004-2005 tax lien, which became a lien on the first day of January, 2004 is $12,000.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Band, the original principal to calculate a segregation is The amount calculated is void 45 days from the date of this letter, unless this letter is accompanied with security approved by the Contra Costa County Tax Collector Subdivision bond must be presented to the County Tax Collector for review and approval of ad+equacY of security prr'or to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasurer-Tax,Col ctor By. ' County of Contra Costa Deposit Permit Office of County Auditor-Controller Martinez, California To the Treasurer: Received From TREASURER TAX COLLECTOR Organization Numt 0015 (Organization) 625 COURT ST. RM 100 Martinez, CSI. 64553 (For Cash Collection Procedures See County Administrator's Bulletin 105.) Description Fund/Orq Sub Acct Task Option Activity Amount SUBDIVISION TAX GUARANTEE 810900 0800 $12,0€14.00 WtyxllElltf` Ql11FED Bl Ct31TRA COSTA TAX OCL:ECTCR A TER Total A441t1t Deposit $12,000.00 SUBDIVISION TAX GUARANTEE TRACT I MS 98-0001 Deposit Consists of the following items USE TO PAY TAXES COIN and CURRENCY $ DAVID AND DENISE FISHER CHECKS,M.O..Etc. $ 000 # 4050 STONE VALLEY OAKS DR BANK DEPOSITS $ ALAMO CA. 94507 FOR AUDITOR-CONTROLLER USE ONLY 925-855-4670 DEPOSIT PERMIT NUMBER AND DATE ASSIGNEi DP # 420831 MATE 03110104 The amount o money described above is for Deposit into Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged. the Count r Bury. approved. March 90, 2004 Sign Date: Julie t:7fti Signed: Zfined: Deputy County Auditor Deputy County Treasurer Subdivision: '" gond No.. 5666625 Premium IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance,Guarantee and Payment) (California Government Code §§ 66499-66499.10) 1. RECITAI.OF SUBDIVISION AGREEMENT. The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision ht i.7`1 ,.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: 0 yr t'r d Yist `}c. ,s r' "7 �a as principal and a corporation organized and existing under the laws of the State of C: , t,` �,' ," 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: *.wenty--.hree Thousand., Four Hundred.* Dollars($ -2� , 41-00 . U n 1 for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. payment: *Twelve Thousand, Two HUndred* Dollars ($ t�.cZ', 0 0 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 casts, expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee) in successfully enforcing such obligation, all to be taxed as casts 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 March 25, 2004 PRINCIPAL tl€�� ��"f�� URETY: Indemnity Company of California. Address' ` �`'r� � s;r L1 t f : DV Address: 11780 Fitch Street City: i�ma Zip: ` �` ' �'' City: :�W4 -- vine Zi 92614 By: By: Print Name: i�.�rr i t- ��- �� Print Nall e: ndy ck 73 Title: Title: Attorney-in-Fact SUdS RISEu MW w4WRN TO BEFORE ME � : THIS /Z DAY d1= b° d� a'�._-L-�� JD-.mwAap 8YGAGrpD Rev.November lFomulBN Wt?RD1F3N-l2,dac � ��� U NATAS�fA DOKTOROVA Rev.November 26,2000 �'� �'t.. 4 ' s Cm's .-' COMdvt#?3#ibG3 'r NOT M tai� NOTARY PUSUC-CALEFOW41A 2 CONTRA COSTA,CGu N,y 0 COMM,tiXfo JULY 9,2005"` PO F�ROrA-TTORINEY70R DEVELOPERS SURE T i'AND IN.D&MNI?"Y COMPANY OF CALIFOR.;141A PO BOX 1972.'1,IRVINE,CA 92623 0(949)263-31300 KNOW ALL IVIEN BY THESE PRESENTS,that except as expressly limited, DEVELOPERS SURETY AND INDENINITY COMPANY and INDENINITY COMPANY OF CAL IFOR.NiA,do each severally.but not jointly,hereby mats.constitute and appoint. ***SHARON J. RU'SCONI, SANDY BLACK, JOINTLY OR SEVERALLY*'"* as the trttc and lawful Attorncy(s)-in-Fact.to make,execute,deliver and acknowledge. for and on behalf of said corporations as surctics,bonds,undertakings and contracts of suretyship giving and granting unto said Attorncyis)-in-Fact full power and authority to do and to perform every act necessary, rcqufsitc or proper to be done in connection therewith as each of.said corporations could do,but resctvinb to each of said corporations Fall power of substitution and revocation. and all of the acts of said A.ttomcy(s)-in-Fact,pursuant to thcsc presents,arc hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,efrective as ofNovembcr 1,2000: ^.ESOLVED,that tete Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to cxccutc PoWW's of Attorney,qualifying the attontcy(s)named in the Powers of Attorney to cxccutc,on behalrof tho corporations,bonds.undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney, RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and-any such Power of Attorney or certificate bearing such facsimilc signatures shall be valid and binding upon the corporation when so affixed and In the fltturc with respect to any bond, undertaking or contract ofsurctyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective;Executive Vice President and attested by their respective Secretary this 81t'day of November,2000. David H.Rhodes Executive Vice President a, a��V Ai�p rN�'',J,J pO�PANY p� ' r1` dpPco Or,' s + J � GpSal'ORq�, c'yG cr; . SEAL j '= ocr.s ZC�3', '1938 ;Q 4 1987 Hy.Walter A.Crowell, Secretary /ow;` o ��Ltr`Ot���� S J r,r .......... J'J�JJJr+rprretwuaaiaaN,aaaS STATE OF CALIFORNIA ) )SS. COIU*TM OF ORANGE ) On November 8.:000,before me,Diane J.Kawata,personally appeared David H.Rhodes and Waiter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence) to be the persons whose names arc subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument. WITNESS my hand and official seal. C CANE J.KAWATA COM3 NOTAPIYAI11ICfCMM t hUA Signatorc CIRANGN COUNTY MyCanutt.Fxp.Jatt.9,�tltlZ CERTIFICATE The undersigned. as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. does hereby certify that the foregoing Power or Attorney remains in Full force and has not been revoked,and furthermore.that the provisions of the resolutions of the respcctive Boards of Directors of said corporations set forth in the Powcr ol'Attomey,are in force as of the date or this Certificate. This Certificate is executed in the City of frvinc.California.the 25th day of MarCh 2004 LA By David G.Lane,Chict'Operating Officer STATE OF CALIFORNIA SS. COUNTYOF SACRAMENTO On /T)1 51 d100V , before rne, ERIN RUSSELL,NOTARY PUBLIC PERSONALLY APPEARED SANDY BLACK personally known to rne(or proved to me on the basis of satisfactory evidence)to be the person(s)whose natne(s)islare subscribed to the within instrument and acknowledged to me that helshelthey executed the some inn hislherltheir authorized capacity(ies),and that by hi&*erltheir �„-g � signaturc(s)on the instrument the person(s),or the entity upon behalf t ? a .a ,. 3 of which the person(s)acted',executed the instrument. ,-I C5DUNFY WITNESS my hand and of cial seal. � � � 8. � `� a Si-nature This area for Oficial Notarial Seal OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 0 INDIVIDUAL C7 CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE(S) 0 PARTNER(S) ❑ LIMITED ® GENERAL ATTORNEY•!N-FACT NUMBER OF PAGES C TRUSTEE(S) GUARDIAN/CONSERVATOR El OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENTITY(IES) INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS SURETY AND INDEMNITY COMPANY SIGNERS OTHER THAN NAMED ABOVE )0.1232(REV.5101) ALL-PURPOSE ACKNOWLEDGEMENT