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HomeMy WebLinkAboutMINUTES - 06082004 - C12 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 8, 2004, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 291 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Minor Subdivision 01- 0021,being developed by Withers Properties, L.L.C., Lafayette area. (District II) The following documents were presented for Board approval this date: I. Map The parcel map of Minor Subdivision 01-0021,property located in the Lafayette area, Supervisorial District H, said map having been certified by the proper officials. 11, Subdivision Agreement A subdivision agreement with Withers Properties, L.L.C., 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 on the date shown. Originator:Public Works(ES) Contact: Frank TVavarru(313-2264) xD:rn: ATTESTED: JUNE 08, 2004 G:\GrpData\EngsvclBol2004\06.08-041Ms 01-0021 130-21.doe JOHN,SWEETEN,Clerk of the Board of Supervisors and cc: Public Works—T.Bell,Construction Current Planning,Community Development County Administrator Withers Properties,LLC 21-A Tiana Terrace Lafayette,CA 94549 I Attn:Christopher Wright,Manager By ,Deputy RESOLUTION NO.2004/ 291 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Minor Subdivision 01- 0021,being developed by Withers Properties, L.L.C., Lafayette area. (District II) DATE: June 8, 2004 PAGE: 2 A. Cash Bond Performance amount: $2,132.00 Auditor's Deposit Permit No. 424531 Date: May 13, 2004 Submitted by: Withers Properties, L.L.C. Tax ID Number: 02-0630462 B. surety Band Bond Company: Indemnity Company of California Bond Number: 5666635 Date: March 25, 2004 Performance Amount: $211,067.00 Labor&Materials Amount: $106,600.00 Principal: Withers Properties, L.L.C. 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 $15,000.00, with security guaranteeing payment of said tax lien as follows: Tax Surety Bond Company: Indemnity Company of California Bond Number: 5666685 Date: May 4, 2004 Amount: $13,700.00 Cash Amount: $1,300.00, DP424825 Date: May 19, 2004 Principal: Withers Properties, L.L.C. 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. 2004/291 ' E est ' 43 z ;E rp Lim wt r } r r yWIM VIA, ,�`� ��-ai5� 1S^ 7� t .••>' `j Vw Y1 W ° t,'S i•"� = w+j, ` r r a `„I,UUU lot % ivj�l , v VIA ' eIff �, •r Cq iIf n tit MIX elt Vitaisa r, i 1A mv Y ro fo rfs, %I r . je 14 3r Wl 6 YJ � �K �Qa �y��"c�i .. �� r ��c�}��r a► N ••C �fG Vs w �yS x _ A� will sit 1ll11willi 1 � 9 JE fill /� N al 116 11 11 } fa So HBA RV It SH "� 534.7 n SD£ N5a 5+' M94(wesill 31 4) SA -ap TED m TY k Pt#FL7( ' W2' i 552.398 183.«071a ,a9O $ s30.2V OLLk-Cq,— 7.4 re =a' " M.iCA£ SN'y+ tea F11 __ IT 'peo Tn fit CQ12 111 . A hOWisill.� ..ki 11.1 11 04 a� 5 WIN 111110 11111 h 911 . ». ,�N ��� 1 E n an t 6 _ all MOM r �~ SON !) O5y i µ (t}y�}tt01. 1 � 1 s' 14.07d4 }(N) 17 MN} tp IL - i n3 Cly cw a '�i '�r li .it• i,��� CD �.2r' .ro•e 77 I M51 N 31 µgp'84'S6'W 128 94' * 2d9 NSi tt 31 W 1;47 Gti NsrJr'J1>r 71.28' bra @ t55239'E t26.J6'xktt} C, i9.b5't1J Mi � .- a' ati d v w G Nst•Jr'J1">• 1siJ2'to � � J( i�� 1g awuo V rVgiro $P d tie iA i1 CCt TY fm R0WMI RISS # � r E � x.4,657 S.F.flilt, ( 145-ov)(R1a) t63.40(Tfill i 62.79' 1i51'31'31"w 140.21'(R6) i ++ 77.43`(Re) :tN1iN 1tAE VENUE SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivision: fn Is 6O Principal: Effective Bate: J-)^16 Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY PRINCIPAL Maurice M.Shiu,Public Works Director By: AP J,AA",< . 2 .Fe/ (Signature) K_:;_ (Print nrUne&tit RECOMMENDED F8` APPROVAL By: (signature) Engineering.S rvices Division (Print name&tide) 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.) 1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Coun "and the above-mentioned Principal,mutually promise and agree as follows concerning this subdivision: 1 IMPROVEMENTS, Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and in conformance with the Contra Costa County Ordinance Code (including future amendments thereto). Principal shall complete said work and improvements(hereinafter called "work")within the above completion period from date hereof,as required by the California Subdivision Map act(Government Code§§66410 and following)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern. 3. IMPROVEMENT SECURITY. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ � �� cash,plus additional security,in the amount:$ i 1 04 7'00 which together total one hundred percent(100%)of the estimated cost of the work. Such additional security is presented in the form of: Cash,certified check or cashiers check. 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:$ 1' t =t/� which is fifty percent(50°1x)of the estimated cost of the work. Such security is presented in the form of: Cash,certified check,or cashier's check xl" Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or materials to them or to Principal. Upon acceptance of the work as complete by the Board of Supervisors and upon request of Principal, the amount securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Principal guarantees that said work shall be free from defects in material or workmanship and shall perform satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete,in accordance with Article 96-4.6,"Acceptance,"of the Ordinance Code. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work. The guarantee period does not apply to road improvements for private roads,which are not to be accepted into the County road system. 5. PLANT ESTABLISHMENT WORK. Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a period of one(1)year from and after the Board of Supervisors accepts the work as complete. 6. IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work as promised in Section 2 and as required by the conditions of approval for the subdivision. If,at any time before the Board of Supervisors accepts the work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in 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 iniury,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 proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent) in connection with the matters covered by this Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity. 9. COSTS: Principal shall pay when due, all the costs of the work, including inspections thereof and relocation of existing utilities required thereby. 10. SURVEYS. Principal shail 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-PERFORMANCE AND COST5: If Principal fails to complete the work within the time specified in this agreement,and subsequent extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys, contract,overhead,etc.)immediately upon demand. Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds to complete and/or maintain the work. Once action is taken by County to complete or maintain the work, Principal agrees to pay all costs incurred by County, even if Principal subsequently completes the work. Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection:therewith,even if Principal subsequentiyproceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,County's rights under this agreement and/or any deposit,bond, or letter of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary agairrst 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 trap or parcel map for said subdivision. RL:tD:1ad GAGrpDatalEng5vc\For \AG WORMAG-3G.doc Rev, October 25,2001 _.-----............................................................................................................................................................................................................................................................................................................... CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of ( Lt � OPTIONAL SECTION County of_.__ / CAPACITY CLAIMED BY SIGNER �-0 O ,before mr {.j j1!2 �Zk&R � � �'v— Though statute does not require the Notary to 1iII in ATE NAME,TILE OF OFFICER E.G.,'JANE NOTARY PUBLIC- the data below,doing so may prove invaluable to 411;}�Pt& � . persons retying on the document. personally appeared yxt�' A i�l�"I.ft�J.t9 ,.(lowft C") �+ NAME(s)OFSICNER(S)-- F2!/' !1 INDIVIDUAL personally known to me-OR roved to me on the basis of satisfactory evidence to CORPORATE OFFICER(S) be the person(s)whose name(s)is/are TITLE(S) subscribed to the within instrument and acknowledged to me that he/she/they executed pAR�ER(S) LIMITED the same in his/her/their authorized GENERAL p Sill INl` }F KUMAI2 capacity{les},and that by histherltheis COMM,# a ' signature(s)on the instrument the person(s)or ATTORNEY-IN-FACT re the entity upon behalf of which the person(s) TRUSTEE(S) l SAN'RANCf5S 5a CO4�7Y j acted,executed the instrument. GUARDIAN/CONSERVATOR C©ht h. F<Pt AUG,19 2005- OTHER: WITH my hand and official seal, SIGNER IS REPRESENTING: {NAME OF PERSON(S)OR ENTITY(IES)) IG ATLIRE 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 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, 1. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signea 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 - Sigping party must be either a general partner or be authorized in writing to have t e authority to sign for an m a partnership. IV. SIGNATURES FOR CO RATMS Documents should a signed y two ofticers,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. aThe 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." IC:mw GAGrpDaia%ngSvcTorma\WORD FORM5IALL PURPOSE NOTARY.doe Rd�+ tigpet''t,�8p1 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDM:)R-CONTROLLER y �' TO THE TREASURER: MARTINEZ,CALIFORNIA RECEIYEWROM ORGANIZATION NUMBER (fir Cash Cjetion Procedures we County Admmatrastor's bulletin 105.) DESCRIPTION FUiVft QCT TASK OPTION ACTIVITY MOUNT 7 ! i4 f I� 1 i.a k b'Ji.,I .r+"L+�-'1.-•� r !t JJJ t t 1 L,_•t -SO t • f f i 1 f , t 1 f i i 1 1 i 1 t EXP'LANATxm: TOTAL $ t DEPOSIT f Deposit consists of the fallowkV COIN and CURRENCY $ CHECKS.MO,ETC $ BANK DEPOSITS Fm AUDITort-coNTwxLER USE MY DEPOSIT PERMIT dP NUMBER BATE 424531 MAY 13 14 ASSIGNED The amount of money desrn'bed above is for Treasurer's receipt of above anxxw is approved. Receipt of above:amount is hereby deposit rrhr the County Treasury aclo deed t f, i Dater; Tit(e" 1 fid' (jjr A I`V EXT. E Dept".Covnty Aua'tla' Deputy County Tmasurer D-34 REV.(7-93) r, v , .� COUNTY Ut-LUN I ttA WbIlA _ ,3 DEPOSIT PERMIT *' OFFICE'OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: "" � .-� MARTINEZ,CALIFORNIA 0CEIVED I=ROM ORGANIZATION NUMBER (For Cash Collection Proce3unrs see County Admink;ncttor's Bulletin 105.) DESCRIPTION FUND/ORG SuB, TASK PTION ACTfVI'TY AMOUNT f31 &v e 'er //- { 9v I is I I I Jill 4 1 1 1 1 1 A-mW v &2,275 ! !w✓ Glfe� i 1 _ (1 uo 14 &WX13 ' t glqo '. doa!51 9k,0 avi 93A fib. 5J ` � U1 l f� E.2 ETIM- r� } / � /t �r TOTAL $ i ,t -r. f 7 1 . 11- r7 i 1-3,-F E�7 1/391;0-X711 t�� � DEPOSIT � 14, f� ''/ consists of the fallowing items kr Lit .�,p 1! ! f 7�1 `1c �� (J1 f l -3 7.52( N e3nd CURRENCY $ s t.( 4 /f 1 t j f l� ._ v .)f CHECKS:AAC EIC $i --� a C} r� j c ,* BANK DEPOSITS FO $ -6,00-6 E6 i -a esa `i (t cs 7 f. � I R AUDITOR-CONTROLI ER USE CW qt 3,19 DEPOSIT PERMIT pp NUMBER DATE ASSIGNED The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of above awbunt is hereby ditposit ift the County Treasury. acknowledged. Si A .;(L w �� ♦ .y Date- � C C-t-,'L;�' �.l-""�✓ Signed: Signsd: rtl f/ EXT. w Deputy Courrty Aud+tar Deputy Coudy Treasurer D-34 REV(7-93) i 819800-0800: 61138835, $2,132.00, MS 2101, Performance Bond, Withers Properties, 21 A Tiana Terrace, Lafayette, CA 94549 0649-3665 / 831000: 61138839, $35,386.00, PA 0008, Landscape Improvement Plan Review, Shapell Industries of Northern California, 100 North Milpitas Blvd., Milpitas, CA 95035 Subdivision. Bond #5666635 Bond No.: Premium: $4,432.00 IMPROVEMENT SECURITY BEND FOR SUBDIYISIt3N AGREEMENT (Performance, Guarantee and Payment) (California Government Code §§ 66499 66499.10) 1. RE crrAL or SuBBr#woN AGRFxmE+rr: The developer(principal)has executed a subdivision agreement with.the County cif Contra Costa to install and pay for street,drainage and tither improvements in Subdivision M S U,i 6 Q,`.Ll , as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for filing of a final map or parcel trap for said subdivision. 2. OBUGATIorr. i1has, h'1'; 'f+ g f UL: as principal and Indemnitv n f Califorrnia , a corporation organized and existing under the laws ofthe State of 1 r; i . '. Gt and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as Mows: A. Performance and Guarantee: *' Hundred Eleven 'Thousand Sixty-Seven Dollars* Dollars($ �i 1 j b (V7, Q )for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment; *One Hundred Six 'Thousand, Six Hundred Dollars* DakrA f 0 L, L LLf. t )to secure time claims to which reference is made in Title XIV (commencing with Section 30132)ofPart 4 ofDivision III ofthe Civil Code ofthe State ofCali Mia. 3. Cnrmrr ON: A. The Condition ofthis 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 became null and void;otherwise it shall be and remain in hiliforce and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore,there shalt be included reasonable costs,expenses and fees,including reasonable attorneys 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.B.) above, is such that said principal and the undersigned, as corporate surety, are held finnty bound unto the County of Contra Costa and all contractors,subcontractors,laborers,material men and ether 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 casts,expenses and fees,including reasonable attorney's fees,incur ed 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)ofPart 4 of Division 3 ofthe Civil Code,so as to give a right of action to themor 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 Ar U aEALEU on March 25, 2004 PRINCIPAL: ' . % SURETY Indemnity Company of California Address: — I rJA �'Mciv.. Address: 11780 Fitch street City: ✓� 3p � City: I ine 9 614 By: _� By: Print N �l'i` 1�1 t Feint N e: and Back Title: { Title: -in-Fact j f E M'Mw up G:W"DataTxg3w bn=m BN WC RDNBN-I2.doc Rev.August 25,W03 ___ _ _._._....__..............:::.................................................................................................................................. __ _.. STATE OF CALIFORNIA SS, COU VTY OP' SACRAMENTO Can e sj 2� , before me, ERIN RUSSELL,NOTARY PUBLIC PERSONALLY APPEARED SANDY BLACK personally known to the(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)islare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hi&*erltheir authorized capacity(ies),and that by his/herltheir signature's)on the instrument the person(s), or the entity upon behav of which the person(s)acted, executed the instrument. 1:1 Cull. WITNESS my hand and official seal. ff ,> i Signature � This area for Official 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 [4] INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TlT t$) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS SURETY AND INDEMNITY COMPANY SIGNERS OTHER THAN NAMED ABOVE ID.1232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California rte! rt b i t t Count of 4 t M �� u; Onbefore me,A D .S„,,.. Name end rife of Ofticer(e g.,"Jane Doe,Notary Pubft") Vr personally appeared a d`1 . >�`_" -� Ne fi)of s�narta� El i personalty known to me roved to me on the basis of satisfactory evidence �a to be the person(,whose name(k is/Ok subscribed to the with't�,„ instrument and acknowledged to me tiehe/#hey executed the same in i her/their authorized FfC;1 EA AA ROOM ; ��, capacity}' and that by ,f�er/their � signature ,on the instrument the person*or IY�` the entity upon behalf of which the person( corftcoft acted, executed the instrument. cowreow; < ""WITNi)S my hand d bfficTaC a€` ? E ' &gnatare of No'ary PuNio �. p 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. 4 K Description of Attached Document s Title or Type of Document: Document Date:._. Number of Pages:_. Signer(s)Other Than Named Above: X Capacity(les) Claimed by Signer05 �r Signer's Name: Cl Individual Top of inumt nera Corporate Officer—Title(s): i3 E Partner—F-J Limited Cl General RR El Attorney-in-Pact ❑ Trustee E7 Guardian or Conservator r�-� i 0 Other: - r . Signer Is Representing: _ �I 01899 National No+-ary Assodatiom•9356 De Soto Ave.,,P.O.Box 2402=Chatswodh,CA 943133-2402.w .rnaitonainotary,arg Prod.No,5907 Reorder:Cab Top-Free 1-800.878-88227 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623 a(949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do cacti severally,but not jointly,hereby malts,constitute and appoint: ***SHARON J. RUSCONI, SANDY BLACK, JOINTLY OR SEVERALLY*** as the true and lawful:Anorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorncy(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorrcy(s)-in-fact,pursuant to these presents,are hereby ratified and confim:ed. This Power of Attorney is granted and is signed by facsimile tinder and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November 1,2000: ,%ESOL1bTD.tint the Chairman of the Board,the Presidcnt and any Vice Presidcnt of the corporation bc,and that each of then hereby is,authonzcd tc e=xecute Powers of Attorney..qualifying the attorney(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contract:of surctyship: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 ofAttomey; RESOLVED,Ft,JRTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by racsimile,and any such Power of Attorney or certificate bcaring such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY ANL}.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 801 day of November,2000, y, "'Y�. - - - ��,a+au'A(�lLt+r'"'t• PAN}'. . David FF,Rhodes ............ iP1 y Executive Vice President t a�C{ P"�, C; px es J� j C3 `7,y, ��a ta1'C7Ry t' A PQ 1` ` SEAL W 0CT.S � t,,�''�„ 3�� 1936 ��� 1567 � By Walter A.Crowell, Secretary - /r} F� `2, ,•` CiF{t ��a STATE OF CALIFORNIA ) )SS. COLINTYOF ORANGE } On November 8.2000,before me,Diane J.Kawata,personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence) to be the persons whose names arc subscribed to the within instrument and acknowledged to ntc that they executed the sante in their authorized capacities,and that by their signatutcs on the instrument the entity upon behalf of which the persons acted,executed the instrirmcnt. WITNESS my hand and official seal. MANE 1.I ATA LOMIA #1lems $=MYPU8UC-MW0K VA r"p c Signature t. � �YOFANGN COUNTY CERTIFICATE The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, :loos hcrcby certify that the foregoing Power of Attorney remains in full rune and has not been revoked.and furthcnitorc,that the provisions of the resolutions of the respcctive Boards of Directors of said corporations sct forth in the Power of Attorney,are in force as of the date of this Certificate. This Ccrtificatc is executed in the City of Irvine.California,the 25th day of MarCh 2004 By David G.Lan c,Chief Operating Officer Ib-i?90,;II Qt) /14/04 OLD REP $42 01-0021 .Tax Collector's Office William J.Pollacek 625 court Street Centra County Treasurer-Tax Collector Finance Building,Room 1001 P. O. Box 631 (` {- Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 (925)646-4122 County Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor A ` Date. 5/14/2004 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/MS# City T.R.A. 01-0021 LAFAYETTE 73004 Parcel#: 166-220-077-1 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 $15,000.00 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 approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treasu -Tax of or By: County of Contra Costa Deposit Permit 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.) Description Fund/Org Sub Acct Task Option Activity Amount SUBDIVISION TAX GUARANTEE 810900 0800 $1;300.00 REVIEW REOUIRED BY CONTRA Tota! COSTA TAX COLLECTOR AFTER 07/03/04 Deposit $1,300.00 SUBDIVISION TAX GUARANTEE TRACT/ NIS 01-0021 Deposit Consists of the following items USE FOR GUARANTEE 2004-2005 COIN and CURRENCY $ WITHERS PROPERTINES CHECKS,M.O.,Etc. 1 300.Q ' 21-A TIANA TERRACE BANK DEPOSITS $ LAFAYETTE CA. 94549 FOR AUDITOR-CONTROLLER USE ONLY ATTN: CHIRS WRIGHT DEPOSIT PERMIT NUMBER AND DATE ASSIGNED: 925-932-8228 DP # 424825 MAY19'04 DATE 05/19/04 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 Cou 71reasury. approved. May 19, 2004 Sign Date: Julie C ntl 925-957-2842 Signed: ' Signed: SUBiD VISION TAX SPECIALIST Deputy County Auditor Deputy County Treasurer D-34 Rev.(5/01).IAC t) plicate original 3orc 5:666688 Withers _...__4 tri Vi�i..L pr o i rr, Old Reoubli:Title "'ornoany of &_aliforr a 21-A, Tiana Terrace 3000 Clayton—Road 11780 Fitch Street Street Address Street Address Street Address Lafayette, CA 94549 Concord, A 94619 Irvine, CA 92614 City, State, Zip city, satiate,Zip City, State, Zip Chris Wright Q6,Wn Cabral Peggy Roy Contact Person Contact Person Contact Person 925-932-8228 L.Q.25)687-7880 916--924-8655 Phone Number Phone Number phone Number BOND AGAINST TAXES KNOW ALL Mill BY THESE PRESENTS: THAT Withers Pra�rtieS, 11C , as Principal and Tndem ity go2ga ref California , as Surety, a corporation orgzanized and existing under the laws of the State of and authorized to transact surety business in California are held and firmly bound unto the County of Contra Costa, State of California, in the penal sura of THIRTEEN THOUSAND SEVEN HUNDRED DOLLARS ($13,700.00), to be paid to the said County of Contra Costa,for the payment of which will and truly be made,we and each of us bind ourselves, our heirs, executors,administrators and successors,jointly and severally, firmly by thesa presents. Sealed with our seals and dated this_ kh� day of May 2004. The conditions of the above obligation is such that WHEREAS, the above bound Principal is about to file map(s) entitled MS 01.0021 covering a subdivision of a tract of land to said County of Contra Costa, and there are certain bens for taxes and special assessments collected as taxes,against said tract of land covered by said map(s),wh¢`dh taxes and special assessments collected as taxes, are not as yet due or payable. NOW THEREFORE, if said principal shall pay all of the taxes and special assessments collected as taxes which are a lien against said tract of land covered by said map,at the time of the filln f said p,then this obligation shall be void and of no effect. 0 i small rernai full ce and effect �►R#t+#C# ers s, S 7Y: y California .� Sandy 'la Altoona --i F ct Syr. . .. (ALL SIGNATURES MUST BE NOTARIZED) DATE: '.. -ig'-"-)�' BOND REVIEWIAD AND APPROVED CONTYA fOSTA COTJNTY STA-i'1 OF CALIFORNIA SS. COUNTY OF SACRAMENTO On Mau � ,�-��� : before me, ERIN RUSSELL,NOTARY PUBLIC PERSONALLY APPEARED SANDY BLACK personally known to me(or proved to me on the basis of satisfactory evidence)to be the persons)whose name(s)islare subscribed to the within instrument and acknowledged to me that helshelthey executed .� the same in hislherltheir authorized capacity(ies),and that by hislherltheir a • signature(s)on the instrument the person(s), or the entity upon behaif f as f f Jtr A of which the person(s)acted, executed the instrument. C r � v T�, a PT WITNESS my hand and official seal. " Signature This area for Official 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 TITLE OF TYPE OF DOCUMENT TIK (s) El PARTNER(S) 0 LIMITED D GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) CI GUARDIAN/CONSERVATOR LI OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENM-Y(IES) INDEMNITY COMPANY OF CALIFORNIA DEVELOPERS SURETY AND INDEMNITY COMPANY SIGNER St OTHER THAN NAMED ABOVE 10-9232(REV.5/01) ALL-PURPOSE ACKNOWLEDGEMENT ?0 1,W E R 0 FAT-i'DIN E"Z F-0 IR DE-VELOPERS SURE"M` IkIND INDEMNITY C-UNILPAL4 'NDE1 MINITY COMPANY OF CALIFOrCNIA PO BOX 19725,IRVINE. CA 926-23 a(949)2633300 KNOW ALL MEN BY THESE PRESENTS,that c%ccpt as cxprcssly limited. DEVELOP CRS SURETYAND I INDENINITYCOMPANY and INDENINITYCOMPANY OF CALIFORNIA,do cachsoverally,but not jointly,hereby makc,constitute and appoint: ***SHARON J. RUSCONI, SANDY BLACK, JOINTLY OR SEVERALLY*** as ilio true and lawful Attornov(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf or said corporations as sureties,bonds.undertakings and contracts of suretyship givin-a and granting unto said Attorncy(s)-in-Fact full power and authority to do and to perfom-i cvc-.i act necessary.. requisite or proper to be done in connection thorowith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attomey(s)-in-Fact,pursuant to those presents,are hereby ratiricd and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the followiig resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA.cffoctive as of November 1,2000: RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attorney(s)named in the Powers of Attomey to execute,on behalf of ft corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of diem hereby is,authorized to attest the execution of any such Power ofAaoniey; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attome.y or to any certificate relating thereto by facsimile,and any such Power ofAttomoy or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attachc1 IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severalty caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 801 day of November,2000, By: AND David H.Rhodes,Executive Vice President ...... PO NO'.. CCT.5 ILU 19157 !"'y ,st 1936 By: /Ovq;k Walter A.Crowell, Secretary STATE OF CALIFORNIA )SS. COUNTY OF ORA14GE On November S.2000,before mc,Diane 1,Kawata,personally appeared David H.Rhodes and Walter A,Crowell,personally known to me for proved to me on the basis of satisfactory evidcricc)to be the persons whose names are subscribed to the within instrument and acknowledged to me that they cxccutcd 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 scat. DIME J.KAWATA Ao-k ORN4015 COUIM Signature L Ny09=EV.J1m8,2002 I CERTIFICATE The undersigned, as Qdcf Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA. does hereby certify that the foregoing Power of Attorney rcinains in full force and has not been revoked.and furthermore.that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,=in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,die_4th-_day of may 2004 BY David G.Lane,Chief Operating Officer CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California is ss. County of21 ti. C}n before me Date � ' `lama and TiN of Officer(e.g.,'Jan erg Notary Pubac") personally appeared a` r s� "s✓ i k � _w... �,: y Hama f S1S,7ear(a} s x Cl personally known to me roved to me on the Basis of satisfactory n:. evidence -Ai to be the person( whose name� re subscribed to the with' instrument and acknowledged to met ftel` e/they executed the same in erltheir authorized capacity( and that by <1 e'is heir : b signature, on the instrument the person(4-gr s, the entity upon behalf of which the persona acted, executed the instrument. >' STEPHEN C.GUNtNNG _ ¢ commtsslon#1464358 WiTNE my hand and official seal. e Notary Public-04041ormnia Co ntrQ costo County My Comm.Expfts Jan 20. " Si aiura�N Puhiic �� T OPTIONAL hou h the information below is not required b lav,it may rove valuable to persons relying on the document and could prevent '* 9 Q Y YP A Y fraudulent removal and reattachment of this farm to another document. Description of Attached-Document Title or Type of Document: m Document Date: Number of Pages: '; — — Signer(s)Other Than Named Above: Capacity(les)Claimed by Signer Signer's Name: Ll Individual �T-pf thun'b here Corporate Officer—Tttie(s): E� Partner--0 Limited El General [I Attorney-in-Fact [I Trustee ' ❑ Guardian or Conservator j CI Other: lw Signer is Representing: 0'.693 Natrona#Notary Assocta:ior. 9360 Ca Soto Ave.,P.Q.Box 2402•Chatswoh1h,CA 61313-2402 Prat.No.5967 Reorder:Caii Toi3-Free 5-800-87&-$827