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HomeMy WebLinkAboutMINUTES - 04272004 - C7 ,sxJ THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 20,2004, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENEERG, DESAULNIER 'AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 223 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 96- 0007,being developed by Colette Daniels, Alamo area. (District III) The following documents were presented for Board approval this date: I. Map The parcel map of Subdivision MS 96-0007, property located in the Alamo area, Supervisorial District III, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Colette Daniels, principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within one year from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: Originator:Public Works(ES) I hereby certify that this is a true and correct copy of an action Contact: Frank Navarro(313-2264) taken and entered on the minutes of the Board of Supervisors Ls:rm on the date shown. G:\GrpData\EngSvc\80\2004\04-20-04\MS 7-96130-21.doc cc: Public Works--T.Sell,Construction Current Planning,Community Development T—February 20,2005 Colette Daniels ATTESTED: APRIL 27, 2004 Sancree Road, 514 Walnut ree lnut Ck,CA 944598 JOHN SWEETEN, Clerk of the Board of Supervisors and Wa Financial Pacific Insurance Company County Administrator 3850 Atherton Road Rocklin,CA 95765 Attn:John J.Daley By_ / � .- ,Deputy RESOLUTION NO.2004/ 223 SIiBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 96- 0007, being developed by Colette Daniels, Alamo area. (District III) DATE: April 20, 2004 PAGE: 2 A. Cash Bond Performance amount: $1,279.00 Auditor's Deposit Permit No. 421740 Date: March 25,2004 Submitted by: Colette Daniels Tax ID Number: 565-33-4016 B. Surety Bond Bond Company: Financial Pacific Insurance Company Bond Number: 5704315 Date: March 16, 2004 Performance Amount: $127,900.00 Labor&Materials Amount: $63,950.00 Principal: Colette Daniels 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 2003-2004 tax lien has been paid in full and the 2004-2005 tax lien,which became a lien on the first day of January 2004, is estimated to be $95,900.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Auditor's Deposit Permit Number: 421207 Date: March 17, 2004 Amount: $95,900.00 Submitted by: Colette Daniels 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. 2004/223 N Y tp w N P r 9pSi 'w^ri oV6 z rig 3r 0 U � K k gig rib of R �s U 51r.S,5 � 015 CL x= sill ll Ila tz ia gY.0% � oo let N u i All �Hi EO h co 16 Va Fj l w il'�r KS �n � Y•,i� ��� P�tY �� � 41 N d {� EL 61 6,� t- N •� '• s • `Csy `J t ,. 4 F^ >v 7 Qsit a wig J �.'c m / !� °';y.,a�' 1{S✓;J %ted G re4w! f v�, i I ii �� ��� ^� i� g� #! !' 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'P�3 06 01 el t +� r Ao m FIX 5 t wCf 9S gg 16 a a y u a k Pei i It�- ,416 lig p 0 ti g Owl cn CL ~ � a � .M, fill! 6 c nt I ` z p , 3 t G5 8s f6sGiE a n � YS w Is log K lspjle i k � � ZI $ fL lol- Vol ' a Y t ad a M i Asa r� j gill 9E1 •a S 116 ail e�'!R to y�Y:� .'b+7✓� s � .. r � t I I ,uL�+O v �OO �1¢•�•r! �� �y11t I,Q6 i+,✓✓✓� r \ ��� � I�� pJ�l�' •1 y{ gee i i :x7j /yam U) wQ w s ! .4C.w �� M„D t,D'wObb1 ,.h '; fi i° d �° o ck � Ll 11, nr ri.C w p j u1 W Q ;' �ZY ".,� '11111x6 i Y � CL 3 T as 14 �t a Ii II (}i" 'ZvrDs M.UM,dC.pOFI I *Z$ m af� iai� r I.T7 + lk if 3 • i W 4 �_ SUBDI MION AGREEMENT (Gott Code 166462 alai J66463) Sutsdlvislcut MS 96 -0007T'rlactpat: Colette Daniels Efltsctire fate: ' �" o ---- -- - Completion Period. i year THESE SIGNATURES AT1* T TO THE PARTIW AGREEREN T`HEMO.1 QQXMS'I`A-022 I�RiNGIPAf Maurice M.Shits,Public Works Director BY ( - trank) ,MMEt3i)EQ F-OR A1!k Q.VAL By: �1 girt fixingsorvirA bivision t * 3 FtivlPRt3VSD: Victor 3.Westman,Gnarly Counsel (NOTE: All signatures to be acia6 to*d. If Principal is inccrpw�W. sirawas trust c+onforra with the designated mpmerai ve groups pursuant to Corporations Cock§313.) 1. PA_=U D,=. 81leotive on the above date,the Counryof Contra Costs.California,hereinaftcr called"gw-W and the above-trentioned rpt mutuaIiy promise and agree as follom concerning this subdivision: WO-V110M.Principal agrees to install certain road improvements(bath public and ptiwtte),dminap irnprovanents,signs,shvet lights, hydrants:landscaping and such other irWovcments(including sppur txtant equipment)as required in the itnprovement plans for this subdivision as "-,artd and on file with the Contin Costa County Public Works Department and in c onibra *with the Contra Costa County Ordinance Code ' . .lading future amen*neuts thctretrt}. Princtpad shall complete said work and itnprovctnents(heraina er called"work)within the above casrtpletiod period from date reran&as ropired by the iforni4 Subdivision Mail act(Government Coda 1166410 and faffowing)in a good workmanlike rnaGnnei,in accordance with accepted cvttstrttction practices and in a mama equal or superior to the reguiretnents ofthe County Ordinance Code and rutings arcade thereunder;and where there is s conflict between the improvement plans and the County Ordinance Code,the stricter requiretnonts shall govern. 3. ttvdPki74 =. Upon executing this agreement,principal shalt,pursuant to Government Code §66499 and the County Ordinanoo Cade,provide as security to the County: tl gr r+rnmaaro t3u�ter, S I 272,93 1 cash,plus additional security,in the asmttitat . x:27'900.00 which together total one hundred percent(10014)of the estimated cost of the work- Such additional se curity.is presented in the fbrm of: Cash,!trotted check or cashiers check. X Acceptable corporate:surety bond. Acceptable irrtsvocabie fetter of credit. With this security,Principal guarantees performance under this agreement and maintenance of the work for one year tiller its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. E. Eujz_)Mrjg: Security in the amount:S G 3 19-5 0.0 0 which is fifty percent(SOOK)ofthe a esti=tcd cost of the work. Such security is presented in the form of — Gash,ccrtifxexd check,or cashier's check -X Acceptable corporate surety born& Acceptable irrevocable totter of credit. ,, With this security,Principal guarantees paysncrst to the oontractor,subconMWors acrd to persons renting egnipamt or furnishing labor or to theist or to Principal.Upon acceptanot of the work as cso*40 by the Board of Stxparvlatms and upon request of Principal,the amount may be reduced in aaxsrdaasce with§944.406 and¢94-4A08 of rise Ordinance Cuda. . a MCreJ-fi S-�t7MtTd Mr YF,1 1 t .n1 QM 7e1 4. � OF Prin��rtwteat gat,�t wotkaiut�be Ave fromdei'e�t w snit of weod *god shoal/ Souls "y far a ofo ne(l)y om trod a Huta of ilupear�ars accepts the work as c;,ompkte,;in ac aaaee wldh Attibk %4.6,"A�oe.'ofthe Ordinance L'od'e. Principal agrees to correct,repair,or replace,at Principal's expense,any defeas in aid work. 1U garsnramtee period does not apply to road inipruveamts for private roads,which are not to be accepted iaw the County toad system. S. Principal agrees tocastablisfumt work for landscaping iinstallcd under this artagnent Said plant establtshc+t tt Wart Shall consist of atd«;wuly watering plants,rep=mwitable plants,doing weed,rodent and other peat control and other work doemined by the public Works Deparunent to be accessay to insure tstablisimical of plants. Saki plant establishment work diall be performed for a paiod of one(1)year from and after the Boar!of Supervisors accepts the work as curnplets. 6. IMP1 OVEMENT PJAI -AAZB 4.M� Principal warrants the improvement plans for the work are adequate to Accomplish the work as promised in vection 2 and as required by the conditions ofapproval for the subdivision. If,at any flint before the Bawd oaf Supervisors accepts the.work as complete or during the one year guarantee period,said improvement plans prove to be a'nadegnate in anyrespect,Principal shall make whateverchamges necessary to the plaits to accomplish the work as promised. 7. . Inspection of the work and/or materials,or approval ol-work atWor materials or scatoment by any offica,ago nt or to wkyee tat`the County hulicating the work or any part therec fcomglies with the requirements ofthis Agreement,or acceptance of the whole or any part of staid work andlor anataWs,or payments,therefor,or any combination or all of them acts,shall not relieve the Principal of the obligation to fulfill this save tent as pr /bed;nor shall County be thereby stopped from bringing any action against Principal for damages Wising from the failure to torrtlaly with any of the teems and conditions hftwf. 8. RMMQM Principal shall hold hatrrrless and indeardy the imde maitew kkom the liabilities as defined in this section; A. lbetiMailia benefited and protected by this promise axe County and County's special district,elective said appointive boards, commissions,ofcex,agents and employees. B. 'flee MWW protected acga Inst are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of mins defined below and including personal qury,deatlh,propertydauhage,inverse condemnation,or anycom6ination oaf those and regardless ofwhethtr creat axrch liability,tttim or damage WAS urrfareSeeable at any time before Countyreviewcd said irnprovement plans or acceptsd the work as complete and irsclaft the defense,of my salt(s),action(s).or other paroceoding(s)+concerning said liabilities and claims. C. The actigns pgy t IFg sty are any act or ornWion(negligent or.son-negligent)in connection with the matters covered by this AVvertrerrt and aitw1butable to Principal,contractu,subcontractor,or any officer,agoak or employee of one or mare of thein; D. NQq&nd1d 1U promise and agreement in this section are not rondidwcftr dependent on whother or not any Inderanitee has rrquNd.ripplted,or Approved any plan(s)orfication(s)in connection with this work or subdivision,or W insurance or other Indemnification coveringuny ofthese rntttets,or than the allegeVdiumago resulted partly fotttn any negligent or willful misconduct of any Indemxtity. 9, : Principal shall pay when due,all the casts of the work,including inspoctious thereof and reloostintn of existing atilides required tlterabyt lel. 6MM, Principal thall set and establish survey nionurnents in ao c*Warnce with the filedmap and to the satisfaction of the County Road C:ouvtttissionear-Surveyor before acceptance of any work as complete by the Hoard of Supervisors. IL k Qt P � l+i R 1=Q=:if Principal fails to complete the work within the time specified in this Wcernent,and subsequent extexrslans.or blis to maintain the work,County may proceed to complete a rndlaarmaintain the work bycontract or otherwise and Principal awes to pay all coats end charges incurred by County(induding,but not limited to: engineering,inspection,surveys,contract,overhead,etc,)immediately upon demand. Principal hereby consents to entry on the subdivision propenybyCouonty and County forces,including contractors,in the event County proceeds to cornplete and/or maintain the work. Once action is taken by County to complete or maintain the work, Principal agrees to pay all costs incurred by County,even if Principal subsequently completes the;work. Should County sue to o ompel ptrformanoc under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorneys fa:cs and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to caraplete the wont. 12. It before the Board ofSupervisors tocepts the worst as complete,the subdivision is included in territory incorporated as a city or is tamed to stn existing city,except as provided in this paragraph,County's rights under this agreement al Wot amy deposit,bond, ear letter of crodit sectrtfr said rights shall be trandared to the new or anzing city Such city shall have all the rights of a third partybaxneficlary against Pritnanipal,who shall it all the terms of this agreement as though Principal had contracted with the city originally. 1'hc provisions of paragraph 8 (IndwaWity)alma//Continue to apply in favor of the indannities listed in paragraph 8A uponn any such incorporation of annexation. LUM MAP. Ten consideration hereof;County shall allow Principal to file and record the final reap or pawl amp for said subdivision. MAR..15-2004 MON 11:01AM ILS: PAGE:5 STATE OF CALIFORNIA } } ss. COUNTY OF CONTRA COSTA } On April 7, 2004,before me, Janice E. Elizondo,Notary Public,personally appeared Colette Daniels,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 she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. JANICE 1E 0!7p"� fComm,#1389206 0 otary Public JE\99999\.554507.1 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA / RECENED FROM r _ ORGANIZATION NUMBER `� 00 (For Cash Collection Procedures see County Adrrinistr ator's Bulletin 105.) DESCRIPTION FUND/ORG. SUB. TASK OPTION ACTIVITY AMOUNT ` 5 5 1 t 1 t I i I I , i 1- 1 I 1 1 i 1 t 1 1 t i 1 , i I ! i i EXPLANATION: TOTAL $ i DEPOSIT I Deposit consists of the following items COIN and CURRENCY $ CHECKS,MA,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP NUMBER DDATEED421740 MR 25 764 ASSIGN The amount t f into the described is for � Treasurer's rr#ceipt f above amount is approved. Receipt of above amunt is hereby �C 7emu",� acknowledged. Sig, id' fLCs2..; {�' EXT l f t Signed: Signed: Tide: T [7eputy Coursty Auditor Deputy.County Treasurer D-34 REV.(7-43) "� t COUNTY OF CONTRA COSTA DEPOSIT PERMIT J OFFICE OF COUNTY AUDITOR-CONTROLLER t TO T�iE TREASURER. MARTINEZ CALIFORNIA RECEIVED FROM ORGANIZATION NUMBER (For Cash Collection Procedures see County Administrator's Wletiru 105.) DESCRIPTION FUhID/ORQ Sulk ACCT TASK OPTION ACTWITY AMOUNT $ rxt} t 49 5 .j i LL rt L .. ' L461'73 L/ o ' &T , Q / 7r 003�-20 9660 rc� 1 �2 ,2316 PA S, EXPLANATION: !/ j137; 11D/t l 7 / % - TOTAL 175e-79 Deceit consists of then following items (7 /1.7?-722 COIN and CURRENCY E 353(,77 f711,?.?,55 7` 6,4z�,r�.� CHECKS,MD.ETC $ SANK DEPOSITS $ /�P / d l FOR AUDITOR-CONTROLLER USE ONLY 113'-740�_ 4 i 3 T�t DEPOSIT / } 3 .2 4-1 PERMIT D a; i. 1 e2 Y'� '26'q I �/'/t Y 7 #4 12 7 k/ NUMBER /'� A p 23,7q( 'i f- 211_1731 t► 2 DATE3. V 1� t 2.X97 BS, 125;79 ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby isieposit into the Coun y Treasury., M1 acknowledged x . C / +� ITS r . T EXT 3- 3 9 fid. Deputy County Auditor Sid: Deputy County Treasurer D-34 REV.(7-93) # f2 016``j er r vJ t i bA f y �1 819800-0800. 61137213, $L279.x, MS96-0007, Performance Bond, Colette Denise Daniels, TTE, 712 Bancroft Rd #514, Walnut Creek, CA 94598 0649-9665 f 831000: G1137212, $36,148.00; RA 11.56, Road Acceptance Review, Shopell Industries of Northern California, 100 North Milpitas Blvd, Milpitas, CA 95035 0649-9665 f 831000: 61137214, $9,255.50, MS 96-0007, Minor Subdivision Improvement Inspection, Colette Denise Daniels, TTE'E, 712 Bancroft Rd #514, Walnut Creek, CA 94598 0649-9665 / 831000: 61137217, $ ,000.00,Sub 8634, FPM Rev., Deposit for Rev Services, Security Owners Corporation, 555 Escobar St., Martinez, CA 94553 0649-9665 f 831000: 61137226, $17,374. DP-03-3037, Improvement Plan► review Development Permit, Windemere BLC Land Company LLC, 3130 Crow Canyon #310, San Ramon, CA 945€13 0649-9665 / 8310011. G1137227, $18,209.84, RA 1152, Road Acceptance Review, Shapell Industries of N. Calif, 100 North Milpitas Blvd, Milpitas, CA 95035 0649-9665 f 831000. G1137228, $500.00, RS 2893, Record of Survey Deposit, John Bradford/ Wayne Doeney, 10 View Ln, WC, CA 94596 0649-9665 / 831000: 61137229, $500.00, RS 2894, Record of Survey Deposit, DeBolt Civil Engineering, 811 San Ramon Valley Blvd, Danville, CA 94526 0649-9665 f 831000: G1137230, $500.01, RS 2889, Record of Survey Deposit, Gail & Michael Emmons Living TR UAD, 15 Vida Descansada, Orinda, CA 94563 0649-9665 f 831000: 61137231, $500,00, RS 2892, Record of Survey Deposit, Jack Bell, PO Box, 394, Diablo, CA 94528 0649-9665 / 831000: 61137232, $1.550.00, M5 02-0007,Minor Sub Map Check Fee, Aliquot, 1390 S. Main St. #310, WC, CA 94596 0649-9665 / 831000: 61137234, $1,400.00. FC Permit # 610-04, Application Deposit, City of Walnut Creek, PO Box 8039, Walnut Creek, CA 94596 0649-9665 / 831000: 61137235, $2,000.00, FC Permit# 63303, Cash Deposit for CEQA, Kinder Morgan SFPP, LP, 1100 Town & Country, Orange CA 92868 0649-9665 / 831000: 61137236, $1,500.00, FSO400003, Fee for Service, 61-83PV, Duc Housing, Partners, 14107-H Winchester Blvd., Los Gatos, CA 95032 0649-9665 / 831000: 61122997, $3.400.04, Hold money for $1,900.00 Quitclaim Process & $1,500.00 for Environment Trust Fund 0649-9665, Nathaniel Evans, 208 Market Ave, Richmond, CA 94801 0649-9665 / 831000: 61122998, $1,400.00, DP 405-04, Drainge Permit Review, Edwin Wolcke, 140 Gregorn Ln, Suite 200, Pleasant Hill, Ca 94523 0649-9665 / 831000: G1122999, $9.955.04, DA 0031, Drainage Review, Shapell Industries of N. Calif, 100 North Milpitas Blvd, Milpitas, CA 95035 Subdivision: MS 96-0007 gond No.. 5704315 PREMIUM: $1,919.05 IMPROVEMENT SECURITY BOND FOR SUBDrwsm AGREEMENT (Performance,Guarantee and Payment) (California Government Code §§ 66499-66499.10) 1. REWA1,OF SUBDIVtSIOrg AGREEMENT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision MS 9 f-0007 .as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or pared snap for said subdivision. 2. OL1at: coTR.nANl.s as principal and FINANICAL PACIFIC INSURANCE COMPANY 4 corporation organized and existing under the laws of the State of CALIFORNIA and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,successors'and assigns to the County of Contra Costa,California to pay as follows. A. Performance and Guarantee. One Hundred Twenty-Seven Thousand Nine Hundred Dollars($, 127 ,900.00 )for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: Sixty-Three Thousand Nine Hundred and Fifty Dollars ($ 63 , 950.00 �)to secure the claims to which reference is made in Title XV (commencing with Section 3082) of Part 4 of Division ffi of the Civil Code of the State of California 3. CONDIT ON 3 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 prdvisions in the said agreement and any alteration thereof made as therein provided, on -q,itsfpart„ to bex and performed at the time mid in the manner therein specified and in all respects .ccordmg t-o-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,'thenrtis obli ation 64 become null and void;otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shall be included reasonable costs,expenses and fees,including reasonable attorney's fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,all to be taxed as costs and included in any judgement rendered. B. The condition of this obligation, as to Section (2.8.) 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 hasul`ance 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 thereon 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 Cade Section 2819 and holds itself bound without regard to and independently of ony action against the principal whenever taken. SIGNED AKD Sher D on March 16, 2004 PRINCIPAL: COLETTE DANIELS SURETY. FINANCIAL PACIFIC INSURANCE Address: 732 Bancroft: Road, #5.14COMPANY Address:', 3850 Atherton Road City: alnut res dip: 94598 City: ROCKLIN, CA Zip: 95765 By: ` By: r Print yQe: CO E� E DA$IE S � Print Name_ Jo3 J. DALE Title: ✓__ Title: Attorney-in-Fact mmw:lap QSGtpDaU\HR9Svc\FoMU\BN W'(JMBN42.doe Rev November 28,2000 STATE OF GaI€fornix SS. COUNTY OF Contra Costa On March 16, 2004 before me, Tanya Chinchilla,Notary Public PERSQNAL LYAPPEARED John J.Daley I personally known to the{ ALMA XgjkXMjj to be the personal whose narne(.e�islwx subscriber)to the within instrument and acknowledged to me that he/,*dd"executed the sezme in h4t4yLik r' aauhorized capacity{i.,mud that by hi &t signature fe on the instrument the person(¢,or the entity upon behalf of which the person{ acted,executer)the instrument. TANYA CHINCHILLA Commission# 1375353 W7THESS my hand and official seal. Notary Pubs€c - Californ€a > Centra Costa County My Comm.Expires Sop 1 b,2 Signature This area for Oricial Notarial Seal OPTIONAL Though the data below Is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY'CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER BOND NUMBER: 5704315 TITLE OF TYPE OF DOCUMENT T�TI,6(9) ❑ PARTNER(S) ❑ LIMITED ❑ ONE (01) TWO SIDED GENERAL ATTOFNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER. March 16, 2004 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PSRSON(S)Oil ENTMY(ieS) Financial Pacific Insurance Company N/A SIGNERS OTHER THAN NAMED ABOVE 10-12 (REV.5101) ALL-PURPOSE ACKNOWLEDGEMENT FIM W4 L PA CIFIC Bond 5704315 Bider Containing Disclosure Notice of Terrorism Coverage The Terrorism Risk Insurance Act of 2002 requires Financial Pacific Insurance Company (FPIC) to provide this disclosure notice. No action is required on your part. This Disclosure Notice is incorporated in and made part of the attached bond. The actual coverage provided by this bond for acts of terrorism is limited by the terms, conditions, exclusions, limits other provisions of the bond any endorsements and generally applicable rules of law. Effective November 26, 2002 any losses caused by a certified act of terrorism would be partially reimbursed by the united States of America to •FPIC under a formula established by the Terrorism Risk Act of 2002. Under this formula, The United States of America ,reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. There is a cap on FPIC;'s Liability to pay for such losses if the aggregate amount of insured losses under The Act exceeds $100,000,000,000 during the applicable period for all insured and insurer's combined. In that case, we will not be liable for payment of any amount, which exceeds that aggregate amount of$100,000,000,000. Your premium attributable to coverage for terrorist acts certified under The Act is Zero Collars ($0.00). The cost of terrorism coverage is subject to change on any bond where premium is charged annually. Signed and Sealed this day of March , 200+ Financial Pacific Insurance Company Jon Da , Attorn -in-Fact [Corporate Seal] STATE OF Callfomla . SS: COUNTY OF Contra Costa On March 16, 2004 before me, Tanya Chinchilla,Notary Public PERSONALLYAPPWED John J.Daley personally known to me(w t zc xj&=g,4 to be the personW whose narne(�d isJgx subscribed to the within insnumeru and acknowledged to me that heJ4&k;jgg executed the sa nce its hist `aruthorizedcanactty(i ,and that by hilt signature{j}on the instrument the person(,or the entity capon behalf of which the person(jW acted, executed the instrument, 7ANYA CHINCHILLA Commission# 1375153 z w Notary Public - Callfornla WETNESS my hand and afficial seal Contra Costa County tvty Comm.Expires Sep 16,20061 This area for Qfiicial 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 fraudufent reattachment of this form. CAPACITYCLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL TERRORISM RIDER BOND #5704315 ❑ CORPORATE OFFICER VU(S) TITLE OF TYPE OF DOCUMENT • ' PARTNER(S) ❑ LIMITED C3 GENERAL ONE (01) 0 ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: MARCH 16, 2004 DATE OF DOCUMENT SIGNER IS REPRESENTING.- NAME EPRESENTING:NAME 9F PERSON(S)OR Srttrry{t Financial Pacific Insurance Company NIA SIGNER(5 OTHER THAN NAMED ABOVE ID-1232(REV.5/0,) ALL-PURPOSE ACKNOWLEDGEMENT LIMITED POWER OF ATTORNEY Financial Pacific Insurance Company BOND NUMBER S704315 POWER NUMBER 704315 PRINCIPAL Colette Daniels PENAL,SUM $127,900 KNOW ALL MEN BY THESE PRESENTS,that Financial Pacific Insurance Company, a California corporation(the"Company"), does hereby make,constitute and appoint: John J.Daley,C. Snaith,M.R. Prenger, L.B.Barnett 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 bands,undertakings,recognizance&or other ritten;;ribligattons to the mature thereof as follows: Bid,Performance,Payment,Subdivision and Miscellanec:40 iad up to , 0: and to bind the Companythereby. This Power of At rin i_si fed anti pealed by faosii ile cinder and by the authority'of the following resolutions adopted by the Board of Directors of Finanoial'� t c xasv aCice Comply at.tiie a eetZng duly held July 6, 1995,which are now in full force and effect: RESOLVED, that�l ' idem or an Y dace Presittetft, ? `cdri titin with the Secretary or any Assistant Secretary, may appoint attorneys-in-fact or agents' ant city as defahed�or lirttited fp tttt_i��tYtetit evidencili the appointment in each case,for and on behalf of the Company,to exeAf6 and,M! d af�:the��l oft Opaii„y td ttl:S,uhb ertadtxngs,recognizance and suretyship obligations of all kinds;and said o€fivers may`reYnov tr y sti is oxxt y-itt�act"or ageftt acid r vtil any power of attorney previtittsly"ranted such person. RESOLV m FURTHER, that any,bond, op rtalcing,r og nce,or retyshlp obligation shall be valid and binding upon the Company when sinned and sealed (if a seal' be r-gqutr )-by one or'm at#ttTney -in-ffact pursuant to and Within the limits of the authority evidenced by the power of attorney issued by the Coinpatty to 5uctt pdrabrisr prsonsr RESOLVED FURTHERthat the siggnature of any authorized officer and the seat of the Company may be affixed by facsimile to any power of attorney or certification thereof a2lorizing the executiori and delivery of anybotid, or other suretyship obligations of the Company;any such signature and seal when so used,;o-hall have the'sameforce aiid effect 4i5thaigh;manually affixed. INITIM7aSS E FCnancial Pacific Insurance Company has caused these presents to be signed by its proper officers, and its corporate seat tob er4 ret � t € Cs Noyernber,2002. tttitttttfi "` �pAp w?, )�31.Y22 �'c) i Robert T.Kingsley,Presiden J R.Hollingshead,Secretary ,&_. 1986 br'. /rrrr�r�"'sit i 111V0 STATE OF CALIFORNIA,COUNT'•OF SACRAMEN'T'O , On Chis 15tliAay ofNovemb r, 002,personally came before nie Robert T. K ngsleyand Sohn R, Ht lingshead,to me known to be the individuals and offiders of Financial Pacific Insurance Company,'who executed the above instrument,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. ,- ANN SCHREMP -j .. Comm.#1298089 rxlrnsYPLIBL"AUFORMa ,� —.--- PlawrCaunty Ann Schremp,Notary Public: t— MY Gmn.Expiry Msrdh 27,21165 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, Signed and sealed at Sacramento,this 16th day of March _2004 _____ __ _ Jahn olhngshead,Secretary ---__.__ Financial Pacific insurance Company seal trust be affixed CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ' ss. County of a.'!t'7i"t" � on �.k' Z4z '2 � before me,s . � t "- �AW,'i Date Name and Title of O icear(9,g "Jane Doe,Notary PubW) personally appeared Name{s}of Signer{s} ❑personally known to me proved to me on the basis of satisfactory 8 s evidence : JOHN N. IVIINARAS MM. ##1399027 to be the person(s) whose name(s) is/.are NOTARY PUBLIC-cAuFORNIA00 subscribed to the within instrument and n CL SAN FRANCISCO CUUI acknowledged to me that -4�re/sheAhey executed my emm.EVIr"Mar,5,2007 the same inrisJherltlaeir authorized capacity(ies), and that by -Ws/her/heir signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the'instrument. WITNESS my hand and official seal. yyy�� sgnature of NOY2ty_'4'�f1XC OPTIONAL �� Though the information below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document Description of Attached Document Title or Type of Document; Document Date: .�� Number of Wages: 1 �, Signer(s)Other Than Named Above: } Capacity(ies) Claimed by Signer Signer's Name: #,- ad ` ' Individual i Ton of thumb here ❑ Corporate Officer– Title(s): _ ❑ Partner—❑Limited ❑General C] Attorney-in-Fact Trustee ❑ Guardian or Conservator 1 Other: Signer Is Representing: sl,4 1 01996 National Notary Association.9350 De Soto Ave.,P.6,Box 2402•Chatsworth,CA 91313-2462 wvrw.n8tio+7a1no:,wy.org Prod.leo.5907 Reorder.Cali Toti•Free 1-809-8786827 11C711J;A1 ER 4t1,7'l Q+ '' 313104 FATCO$42 96-000 Tax Collector's office William J.Pollacek 625 Court street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.O.Box 631 (�',�^y }� Russell V.Watts Martinez;California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX II Tax Operations Supervisor Date: 3/3/2004 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 1 MS# Cite T.R.A. 98-0007 ALAMO 66389 Parcel#: 198.190-035-8 198-190-037-4 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 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 $95,900.00 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 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 a rovall of odeuarc of secilLitl prior to fifing with the Clerk of the Board of Su ervisors. WILLIAM J. POLLACEK, Treasurer-Tax QoI ttor _.. ......... _.....__...1111. _. _. _ .. ....... ....... . .... __ ................. .11.11 . _.. _._...... .. _ ....... ...... ... County of Contra Costal ,6, W ; Deposit Permites Office of County Auditor-Controller Martinez, California To the Treasurer: Received From TREASURER TAX COLLECTOR Organization Number 0015 (Organization) 625 COURT ST. RM 100 Martinez, Ca. 94553 (For Cash Collection Procedures See County Administrator's Bulletin 105.) Des cri tion — Fund/Org Sub Acct 'task Option Activity Amount SUBDIVISION TAX GUARANTEE 810900 0800 $95,900.00 ReVIE R OUIR Y 0QN'f` Total 00STA: t; 1>f14' De osit p $95,900.00 SUBDIVISIONTAX GUARANTEE TRACT/ MS Deposit Consists of tate following items USE TO PAY TAXES 2004-2005 p,. COIN and CURRENCY $ CHECKS,M.O.,Etc $ 9O ,Ot� COLETTE DENISE DANIELS TTEE BANK DEPOSITS $ 712 BANCROFT RD. #614 FOR AUDITOR-CONTROLLER USE ONLY WALNUT CREEK CAL. 94598 DEPOSIT PERMIT NUMBER AND DATE ASSIGNED: 925-534-1162 DP# 421207 HAR`17' DATE 03/17/04 The amount of money described above is for Deposit into Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged. the Count reasury. approved. March 17,2004 Sign6d: Date: Julie C tt Signed: Signed: SUBDIVISION TAX SPECIALEST Deputy county Auditor Deputy county Treasurer D-34 Rev.(5/01)JAC