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HomeMy WebLinkAboutMINUTES - 06082004 - C14 14 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/ 293 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Minor Subdivision 02- 0020, being developed by Scott Busby, Martinez area. (District 11) The following documents were presented for Board approval this date: L Map The parcel map of Subdivision 02-0020, property located in the Martinez area, Supervisorial District II, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Scott Busby,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) Contramet: Frank Navarro(313-2264) AM= ATTESTED: .TUNE 08, 2004 G:\crpoata'Zngsvc\BO\2004\06-08-04\.us 02-0020 BO-21 Acc JOHN SWEETEN,Clerk of the Beard of Supervisors and W. Public Works—T.Bell,Construction Current Planning,Ccnnntuuty Development County Administrator T—April 8,2005 Scott Busby P.O.Box 1007 Martinez,CA 94553 Lincoln General insurance Co. By O ,Deputy 501 W.Broadway,Suite 1400 1 San Diego,CA 92101 RESOLUTION NO.2004/ 293 SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Minor Subdivision 020020,being developed by Scott Busby, Martinez area. (District 1I) DATE: June 8, 2004 PAGE: 2 A. Cash Bond Performance amount: $1,342.00 Auditor's Deposit Permit No. 423931 Date: May 3, 2004 Submitted by: Scott Busby Tax ID Number: 550-92-3587 B. Surety Bond Bond Company: Lincoln General Insurance Co. Bond Number: 66112376 Date: April 21, 2004 Performance Amount: $132,858.00 Labor&Materials Amount: $67,100.00 Principal: Scott Busby 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 $3,500.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: Lincoln General Insurance Co. Bond Number: 66112378 Date: April 21, 2004 Amount: $3,500.00 Principal: Scott Busby NOW, THEREFORE, THE FOLLOWING IS RESOLVED: 1. That said subdivision, together with the provisions for its design and improvement,is DETERMINED to be consistent with the County's general and specific plans. 2. That said parcel map is APPROVED and this Board does not accept or reject on behalf of the public any of the streets, paths, or easements shown thereon as dedicated to public use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. RESOL, ON NO. 2004/293 i.AAt Ulm Y � It A di TS r Waa s . , � C 1 ° oil wow, `1 t S d 1 1 \ \ 1 t t 1 s 1 ti , SUBDIVISION AGREEMENT (Government Code§66462 and§66463) Subdivision: MS 02--0020 Principal: _ Scott Busby Effective Date: S1WF- e$ 244 Completion Period: 1 year THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY PRINCIPAL Maurice M.Shiu,Public Works Director By; (signature) �..--y^.. (Print name&title) r RECOMMENDED FOR G PRQVAL Scott. Busby , r By: Ar +W` (signature) ngtneertng Services Division (Print name&title) FORM APPROVED: Victor J. Westman,County Counsel (NOTfi: 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"Coon "and the above-mentioned Principal,mutually promise and agree as follows concerning this subdivision: 2. IMPROVEMENTS. Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights, Ere 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. I.MPROVEMENT 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,,3 2.()0 cash,plus additional security,in the amount:$ 119 R 5R 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. X 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: $ 67,100.00 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 X 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. S. 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 injury,death,property damage,inverse condemnation,or any combination of these and regardless of whether or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as complete and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission (negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them; D. Non-conditions: The promise and agreement in this section are not conditioned or dependent an whether or not any Indemnitee has prepared,supplied,or approved any plan(s)or specifications)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. to. SURVEYS, Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors. it. NON-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 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 casts incurred in completing or maintaining the work,Principal agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to complete the work. 12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory incorporated as a city or is annexed to an existing city,except as provided in this paragraph,County's rights under this agreement and/or any deposit,bond, or letter of credit securing said rights shall be transferred to the new or annexing city. Such,city shalt 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. RUDAd GA0mData\HngSvc\Form\AG WORD\AG-30.doc Rev. October 25.2001 ................_.................................................. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 - - - ------------ -- - - -- State of ili v iJ I (A County oft On 2 before me K�Z DATE V, NAME,TITLE OF OFFICER-E.G.,'JANE DOE,NOTARY PUBLIC' personally appeared 2 N OF SIGNER(S) 0 personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person-(.$) whose name) is/,ar-e subscribed to the within instrument and ac- knowledged to me that he/�Ilher executed the same in histha-r4hetir authorized 10 Ah ft dh capacity(ies), and that by his/,, /t it WELYN R CLEMONS signature(s) on the instrument the person*, comfl 0 1321 Oft Notary Public-04ftmia or the entity upon behalf of which the coots cat*eou* person) acted, executed the instrument. WETNESS my hand and official seal. SIG 'I-tYR&ARY 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 01 CORPORATE OFFICER d TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) El LIMITED El GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES TRUSTEE(S) GUARDIAN/CONSERVATOR D OTHER: 2 �'_ 0 DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)08 ENTITY(IES) SIGNERS)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION-8236 Aemmet Ave.,P.O.Box 7164-Canoga Park,CA 91309-7184 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECENED FROM ORGANIZATION NUMBER (Por Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/0RG. SUB. TASK PTION ACTNITY AMOUNT $ I 14 1 Zrr d Moo 5 ILZ !q4 Ll r� 0 T ► � l ( Ger o. Tune - 4LD 9 Ll 91.5 ' 96C 3fL-1-1 I.kL 1 .1 1 1 1 -1-J I-_L A I I I I I I 1 1 EXPLANATION: TOTAL $ i DEPOSIT r c? / Deposit consists of the following itrsms ' � a ! C04N and CURRENCY $ CHECKS,MCA,ETC c� &. BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY 'f £�'•—s DEPOSIT PERMIT DP NUMBER DATE 42= Ary 14 ASSIGNED) The amount of money described abawe is for Treasurer's recaipt of a n�bunt' Receipt of above amount is hereby drsit into the County Treosur)4 i acknowledged Si� --' r'rf d: 43�' Sig- EXT Deputy County Auditor Deputy County Treasurer :,,D--;34 REV.(7-93) •'- $ ,,,.J ,,� (d ��i'�� G" L'`'�� COUNTY OF CONTRA COSTA D3EP01111T PEftlm f' OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ,CALIFORNIA TO THE TREASURER:RECEIVED FROM J C� ORGANIZATION NUMBER (Fax Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRi�'`'TION I UND/ORC� CC TASK OPTION AC`LAITY AMOUNT tom:€ € € ! € € € € € € -._ __-- € € € € € 1 € € € € EXPLANATIC#V: TOTAL 3► € DEPOSIT i Deposit consists of the following items COIN and CURRENCY $ s _ CHECKS,MO.ETC. $ BANK DEPOSITS $— — - —FOR AUDITOR-CONTROU.ER USE t3t+ItY DEPOSIT D PERMIT NUMBER DATE ASSIGNED I The amount of morwy described abaft is for Treasurer's receipt of above amnount is Receipt of above amount is hereby 4eposit the County.Trtast� � i 'sato acknowledged, {`- Signe Date...35� t Signe Ti EXT Deputy County Auditor Signtd: Deputy County Treasurer D-34 REV.(7-93) ~ *4 �' € 1(� 828500-0800: 61138290, $125.00, WCC Traf Fee COLA, permit# 340971, Romi Mayder, 1331 Sierra Ave. San Jose, CA 95126 828600-0800: G1138291, $30.00, WCC Traf Fee COLA, permits# 351191 & 351192, Excelbuilt, Inc., 3150 Hilltop Mall Rd, Ste 10, Richmond, Ca 94806 0682-9755 / 819200: 61138281, $16,000.00, Signal Design & Remodel, Shapell Industries of No. CA, 100 North Milpitas Blvd., Milpitas, CA 95035 03682-9755 / 819200: 61138282, $6,000.00, Signal Design, Shapell Industries of No. CA, 100 North Milpitas Blvd., Milpitas, CA 95035 0682-9755 / 819200: 61138283, $3,600.00, Signal Design, Contra Costa RE Investors, LLC, 4155 Blackhawk Plaza Circle, Suite # 201, Danville, CA 94506 0682-9755 / 819200: 61138284, $400.00, Signal Design, Ponderosa Homes II, Inc, 6671 Owens Dr., Pleasanton, CA 94588 819800-0800: 01138517, $8,200.00, RA 1148, Cash Bond, Shapell Industries of No. CA, 100 North Milpitas Blvd., Milpitas, CA 95035 819800-0800: 61138519, $14,000.00, .Sub 8690, Cash Bond, Shapell Industries of No. CA, 100 North Milpitas Blvd., Milpitas, CA 95035 813800-0800: 61138527, $14342.00, MS 02-0020, Cash Bond, Busby Construction, PO Box 1007, Martinez, CA 94553 0649-9665 / 831000: 61138527, $9,539.00, MS 02-0020, Inspection Fee Deposit, Busby Construction, PO Box 1007, Martinez, CA 94553 0649-9665 / 831000: G1138518, $40,500.00, RA1148, [toad Acceptance Inspection, Shapell Industries of No. CA, 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 8310610: G1138520, $66,400.00, Sub 8690, Major Sub Inspection, Shapell Industries of No. CA, 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 831000: G1138524, $32,290.00, Sub 8681 Improvement Plan Review, Shapell Industries of No. CA, 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 831000: 61138525, $11,008.00, Sub 8699, Landscape Improvement Plan Review Shapely Industries of No. CA, 100 North Milpitas Blvd., Milpitas, CA 95035 Subdivision: Bond No.: 66112376 Premium $2,717. NyRovEmENT SECURYTy BOND I+oR Suw visioN AGRFEmmNT (Performance, Guarantee and Payment) (California Government Code §§ 66499 _66499.10) I. RE &L OF SVBDfYISION AGREEM-tiT: The developer(principal)has executed a subdivision agreement with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision res 02-na2n v as specified in the subdivision agreement and to complete said work within the time specified for completion in the subdivision agreement, all in accordance with State and local laws. and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said subdivision. 2. OBLIQkTION: Scott Busby as principal and Lincoln General. Insurance Company , a corporation organized and existing under the laws of the State of Pennsylvania and authorized to transact surety business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns to the County of Contra Costa, California to pay as follows: A. Performance and Guarantee: one hundred thirty-two thousand eight' hundred fifty-eight Dollars($ 132,858.DO )for Contra Costa County or any city assignee under the above County Subdivision Agreement. B. Payment: sb�ty--seven thousand one hundred _-_Dollars ($� 67,100.On - - — -) 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. CoNwam: A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal, cr pfincipal's heirs, executors,administrators,successors or assigns,shall in all things stand to and dUide by and well and truly keep and perform the covenants, conditions and provisions in the said cgs :encent and any alteration thereof made as therein provided, on it or its part, to be kept and derfo wed at the time and in the manner therein specified and in all respects according to their true intent and meaning and shall indemnify and save harmless the County of Contra Costa (or city assignee) its officers,agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included reasonable costs, expenses and fees,including reasonable attomey'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.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 Centra Costa(or city assignee)in successfully enforcing such obligation, to be awarded and fixed by the court,all to be taxed as casts 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 band 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 AN -& ALED on APril 21, 2004 PRINCIPAL` Scott Busby SURETY: Lincoln General insurance Company Address: PO Box 1007 Address: 501 W. Broadway, Suite 1400 921 I. City. Martinez 94553 City: San e o, CA p: - By: By: Print Name: Scott Busbv Print, e: Gloria S. Russell. Title: Owner/Developer Title: Attorney-in-Fact JD:mw:tap GAGcpDat&\EnSve\FOn71S iN WOPMBN-12.d" Rev.November 28,20M ' ............................. ............................................................................................................................................................................................................................................................................................................................ .......................................................................................................................................................................................................................................................................................................................... LINCOLN GENERAL INSURANCE COMPANY POWER OP ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Lincoln General Insurance Company,organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania,does hereby nominate,constitute and appoint: Gloria S. Russell its true and lawful attorneys)-in-fact to sign,seal and execute for and on its behalf,as surety,bonds,undertakings,and other obligatory instruments of similar nature in an amount not to exceed Three Million Dollars(53,000,000)and to hind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation,and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General Insurance Company on the 46 day of September,2002. RESOLVED that the President,an Executive or Senior Vice President,or any Vice President of the Company,together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s) named as Attorney(s)-in-Fact to date,execute,sign,seal and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related documents. RESOLVED FURTHER that the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations of those signatures and seals,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying, IN WITNESS WHEREOF,Lincoln General Insurance Company has caused its corpora a to be a fixed, these presents to be signed by its duly authorized officers this 4th day,q, rt, 2002. �' IN$ !/&'i Attest: vpt)RAts '�'. Gary 1. o ,Se Lary P :t�� hdjwani,Pre sid t The Commonwealth of Pennsylvania �7� D York County . A. On this 4th day of September, 2002,before miallc �C. Bhojwani,to me known,who being duly swam,did depose and say:that he is the President of the Corparm"AqwvAd in and which executed the above instrument:that he knows the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company;and that he executed the said instrument by like order and authority and the same was his free act and deed. Seat The Commonwealth of Pennsylvania Cathay�Notadal arie Loose,Notary York County sprinbury`Twp.,York C Comfon Explrea Jnr 7 Notary Publi I, Gary Orndorff, Secretary of Lincoln General Insurance Company,a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Power of Attorney is stili in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company,at York,Pennsylvania, this 21 st day of April 2004 � —;;t►atssttte;,i AN ORAr�s ' '� rKi.Aortecretary : '1 77 .0 so Z�' �rrrr�rrr�rttlrljtl�tlttl�Sdr�'";� �ti Ph~m757` FAX! W 75tQO Bond No. 66112376 TERRORISM RIDER NOTICE—FEDERAL TERRORISM INSURANCE COVERAGE AND DISCLOSURE OF PREMIUM Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002 ("the Act"), will be partially reimbursed by the United States under a formula established by federal law. Under this formula, the United States pays 90% of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this bond. The portion of your annual premium attributable to certified acts of terrorism under this bond is $0.00. COVERAGE LIMITATIONS Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. SU 0009 12 02 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Diego 4/21/2004 Athena Panos On _ before me, , personally appeared Gloria S. Russell .personally known to me -OR- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s) acted,executed the instrument. { CSt MLS si m#l7,,rl WITNESS my hand and official seal. cwftmia Signature of Notary I OPILIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL El CORPORATE OFFICER bower of Attorney & Bond 1 �❑ PARTNER(S) ❑ LIMITED l ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) i Lincoln General Insurance Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of !y$ ' County of 6rJ_&Z1 On _ C before me, -- 3 . r DATE NAME,TITLE OF OFFICER EG.,"JANE DOSE,NOTARY PUBLIC" personally appeared = NAME(S),JF SIGNER( El personally known to me - OR - improved tom on the basis of satisfactory evidence to be the person( whose name ) is/ar subscribed to the 'within instrument and ac- knowledged to me that tje/st6/th executed the same in hi /b(�/tly it authorized Gaacit i , and that by his/hef/th�r �i tl(�.n � .i FIN - w12,554,03 si nater /bn the instrument theersMh , or the entity upon behalf of e perSon(s� acted, executed the instrument. WITNESS my hand and official seal. JA St NATURE OF NOTARY f r F OPTI NAL. Though the data below is not required by law, it may prove valuable to persons relying on the document and could preve fraudulent reattachment of this form. r CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTAC OCUMENT o INDIVIDUAL CORPORATE OFFICER TTLE(S) ITLE OR TYPE OF DOCUMENT PARTNER(S) LIMITED GENERAL ATTORNEY-IN-FACT NUMBER OF PAGES 17 TRUSTEE(S) 11 GUARDIAN/CONSERVATOR OTHER: DATE OF DOCUMENT SIGNER ISR �EENTING- SNAME OF PERSON($ IES) SIGNER($)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIATION+8236 Remmet Ave.,P.O.Box 7184-Canoga Park,CA 913097184 VOID AFTER , l04� 4121!04 OLD REED$42 02-0020 Tax Collector's Office William J.Polfacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 P.0.Box 631 (("'``'' # Russell V.Watts Martinez,California 94553- Costa Chief deputy Treasurer-Tax Collector 0063 (925)646-4922 y CountJoslyn Mitchell (925)646-4135 FAX `"11 Tax Operations Supervisor wr. Date: 4/21/2004 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 IVIS# City T.R.A. 02-0020 MARTINEZ 760016 1 Parcel#• 375-260-019-1 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 2403-2004 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 $3,500.00 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 prier to filing with the Clerk of the Board of Suoervisors WILLIAM J. POLLACEK, Treasurer-Tax I Ctor Bye, a If - _- Hand 466112378 Premium $100.00 PRIN01 TITLE COMEA-NY SURi�TY Scott Busby Old Republic Titlo Commny_ Lincoln General insurance Company CI0CI 1+1tOCt -Rad 501 W. Broadway, Ste. 1400 Aft'.-ss Stmt Address Strut address Martinez, CA 945.53 Coc4rd. C�!945'19 San Diego, CA 92101 CRY, State, Zip City, State, Zip City, State, Zip Scott Busby Dawn Cabral Ron Ballard Contact Person Contact Person Contact Person 925-228-0595 L92516137-7880- -- (619)744-5034 Phone Number Phone Number Pyne Number SOND AGAINST TAXES KNOW ALL MEN BY THESE PRESENTS: THAT Scott Busby __ as Prin#al and Lincoln General insurance Company , aS Surety, a Corporation organized 8tttt existing under the laws of the State of Pennsylvania and authorized to transact surety business in California are held and firmly Found unto the County of Clontra Costa, State of California. in the penal sum of THREE THOUSAND FIVE HUNDRED DOLLARS(S3j5 . 0), 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, administraturs and successors,jointly and severally, firmly by these presents. Sealed with our seals and dated this 21st day of_April 2004. The conditions of the above obligation is such that WHEREAS, the above bund Principal is about to file map(s)entitled MS 02-4020 covering a subdivision of a tract of land in said County of Contra Costa, and there are certain liens for taxes and special assessments collected as taxes, against said tract of land coveredby said map(s), which takes and special assessments collected as taxes, are not as yet dale or payable. NOW THEREFORE, if said Principal shall pair all of the taxes and special assessments cafteted as taxes which arca a lion against said tract of land covered by said map, at the time of the fling of said map, then this obligation shall be void and of no effect.Otherwise it shall remain in full force and effect. PRINCIPAL: SURETY: By: Scott Buse LincolniGene , �tl�ce Company By; ir.r.... (ALL SI ATIJR ' MtJS RIZED) ria S. ssell, Attorney-'in-fact BATE. BOND REVIEWED ANIS APPROVED CONTRA COSTA COUNTY TREA xKXR-'.i?L�lf O%.LECTOR 4, ., �_ 13Y: � , 1, .,_.. - - M FAX M-7$1-0166 <9> 3350 -0-B*r 37199, Yah PA 17402-0136 Bond No. 66112378 TERRORISM RIDER NOTICE—FEDERAL TERRORISM INSURANCE COVERAGE AND DISCLOSURE OF PREMIUM Any loss applicable to a peril covered under this bond that is caused by a certified act of terrorism pursuant to the terms of the Terrorism Risk Insurance Act of 2002 ("the Act'), will be partially reimbursed by the United States under a formula established by federal law. Under this formula,the United States pays 90%of covered terrorism losses exceeding a statutorily established deductible to the insurance company providing this bond. The portion of your annual premium attributable to certified acts of terrorism under this band is $0.00. COVERAGE LIMITATIONS Payment for a loss will not exceed the limit of liability under this bond. This bond will not pay for any portion of certified terrorism loss beyond any applicable annual liability cap set forth in the Act. The terms of this rider do not provide coverage for any loss that would otherwise be excluded by the terms of this bond. SU 0009 12 02 LINCOLN GENERAL INSURANCE COMPANY PONWR OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS.'That Lincoln General Insurance Company,organized and existing by virtue of the Laws of the Commonwealth of Pennsylvania,does hereby nominate,constitute and appoint: Gloria S. Russell its true and lawful attorney(s)-in-fact to sign, seal and execute for and on its behalf,as surety,bonds,undertakings,and other obligatory instruments of similar nature in an amount not to exceed Three Million Dollars($3,000,000)and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation,and all the acts of said Attorney,pursuant to the authority hereby given are hereby ratified and confirmed. RESOLVED that this Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by the Board of Directors of Lincoln General insurance Company on the 46 day of September,2002. RESOLVED that the President,an Executive or Senior Vice President,or any Vice President of the Company,together with the Secretary or any Assistant Secretary are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attorney(s)-in-Fact to date,execute,sign,seal and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related docurnents. RESOLVED FURTHER that the signatures of the officers making the appointment,and the signature of any officer certifying the validity and current status of the appointment,may be facsimile representations of those signatures;and the signature and seal of any notary,and the seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations of those signatures and sear,and such facsimile representations shall have the same force and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or photocopying. IN WITNESS WHEREOF,Lincoln General Insurance Company has causer]its corpor to be of aced, these presents to be signed by its duly authorizer,!officers this 4th day c� mm�2402. Attest: Gary J, o p S - c,� »-. :>rt" ]iojwani,Presid t 1977 The Commonwealth of Pennsylvania A 4 York County 11*- �'VNSYI`I�`�`'t '. e gr Can this 4th day of September,2402,before m' onall C. Bhojwani,to me known, who being duly sworn,slid depose and says that he is the President of theCo to and which executed the above instrument:that he knows the seal affixed to the aforesaid instrument is such corporate seal and was affixed thereto by order and authority of the Board of Directors of said Company;and,that he executed the said instrument by like order and authority and the same was his free act and deed. Nota!iat Seat The Commonwealth of Pennsylvania Catherine Marie Loose,Notary York County SP+inysttspury Twp.,vor9t C My C.Dr MISSIon Expires June t Notary Publi i, Gary Omdorff`, Secretary of Lincoln General Insurance Company, a corporation of the Commonwealth of Pennsylvania do hereby certify that the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked, and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the seal of said Company,at York,Pennsylvania, this 21st day of Ami 2004 WMAWI rrrrrtir �w 4t-:.4F. 0p1tAl` '" JrtL?! d�, ecretary iii :0 CALIFORNIA ALL-PURPOSE ACKNONVLEDGMENT State of California County of Sen Diego on 4/21/2004 _ before me, Athena Penos _yv personally appeared Gloria S. Russell personally known to me -OR- ] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s) acted,executed the instrument. 6.0 All IENA PANGS WITNESS nay hand and official seal. Mega cmotty My Cortni—r**es Jul 21,2W4 Signature of Notary i 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 HV SIGNER DESCRIPTION OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER Power of Attorney& Bond ❑ PARTNER(S) ❑ LIMITED ATTORNEY-IN-FACT (❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) Lincoln General Insurance Company CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.U07 State of County of On C, __ before me, i DATE NAME,TITLE OF OFFICER•E.G.,"JANE DOE,NOTARY PUBLIC" personally appeared "A':�� kIL A_ , NAME(S)OF SIGNERS) ❑ personally known to me - OR - a-proved to me on the basis of satisfactory evidence to be the perrs�s whose nam ( } isla subscribed to the within instrumenf and ac- knowledged to me that„,hg(shp they''executed the same in ,Lis he /th4d authorized ca.W� yL le , and that by hi 1h t/their JUDE P ARLS I� sigpiitu n the instrument thee„rao C,o?fit-&gIn,i: 5. 19 or the entity upon behalf of which t o cnmm pgrsgnt sy acted, executed the instrument. Wl�NESS my hand and official seal. tk§ TURE OF NOTARY OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the docu t and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPT OF ATTACHED DOCUMENT INDIVIDUAL CORPORATE OFFICER i TITLE OR TYPE OF DOCUMENT TriiE{S} �� ❑ PARTNER(S) ❑ LIMITED GENER ❑ ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) GUARD€AN/CONSEF3 TOR ❑ OTHER: r DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSONS)OR ENVTY(4ES) SIGNER($)OTHER THAN NAMED ABOVE 01993 NATIONAL NOTARY ASSOCIAV NJ+8236 Remmet Ave.,RO.Bax 7184 Canoga Park,CA 81309-7184 When recorded mail to: DECLARATION FOR MAINTENANCE OF PRIVATE STREET THIS DECLARATION is executed by Marty Ochoa and Barbara Kirk Ochoa,Trustees of the Marty Louis Ochoa and Barbara Kirk Ochoa Revocable Trust, date October 29„ 2003, owner, with reference to the following facts: 1. Real property situated in the unincorporated area, County of Contra Costa, State of California, described as follows: Parcels B, C and D, as shown on Parcel Map MS 02-0020,filed , in Book of Parcel Maps, Page , Contra Costa County Records. 2. Each of Parcels B, C and D, has access to or is affected by that certain private street easement described as: "„Private Road-Not County Maintained”on said parcel map MS 02-0020. 3. The parties to this declaration or its successor(s)in interest intend to maintain and repair the private street described above for the benefit of all lots listed above. 5. NOW, THEREFORE, in consideration of the Declaration made, and expressly for the benefit of and to bind themselves and their successors in interest, it is hereby agreed as follows: A. MAINTENANCE AND REPAIR: It is understood that, only those owners of the parcels included in Paragraph 2, will maintain and repair the private street described in said area. B. ASSESSMENTS:All present and future owners will assess themselves periodically and pay all costs and expenses necessary to maintain the private street in good condition and repair. C. PROPORTIONAL ASSESSMENT: Every record owner of a parcel described in Paragraph 2 shall pay a proportional share of the assessments, costs and expenses of maintenance and repair. Presently, there are 3 parcels and each owner is chargeable with a 113 share. D. NOTICE:The parties hereto, or their successor(s)in interest may initiate required maintenance or repairs after consulting with all other record owners of parcels listed in Paragraph 2. No repairs shall be made without agreement by the majority and before ten(10)days'prior written notice being given to those record owners, emergency repairs being expressly excluded. The notice shall describe the repair(s)contemplated and the anticipated cost thereof. E. COVENANT RUNNING WITH THE LAND: It is the intention of the undersigned that this Declaration shalt be for the benefit of and run with each and every parcel affected hereby, and any parcels created by any subsequent division of said parcels. Owners are obligated under this agreement only during the period of record ownership of those parcels listed in Paragraph 2 above, and only for those assessments, costs, and expenses incurred pursuant to Paragraphs C&D above during the period of record ownership. F. NATURE OF STREET: It is acknowledged that the street affected by this Declaration is private. The City or County has no responsibility to repair or maintain the street unless and until a dedication thereof is made and accepted by the City or County. Prior to acceptance of street dedications, owners of the private street are required to undertake and complete such widening, surfacing or other repairs which meet City or County standards for publicly maintained streets. G. ENTIRE DECLARATION: This instrument contains the entire Declaration. Any modification of this instrument shall be of no force and effect unless such modification of this instrument shall be in writing and signed and acknowledged by the party sought to be charged. H. ATTORNEY'S FEES: In the event of any controversy,claims, or disputes relating to this instrument or the breach thereof, the prevailing party or parties shall be entitled to recover from the losing party or parties reasonable expenses, attorney's fees and costs. 1. HEIRS AND SUCCESSORS: This Declaration shall be binding upon and inure to the benefit of heirs, personal representatives, successor(s)in interest and assigns of the owner(s)of the parcels listed herein. Dated: The Marty Louis Ochoa and Barbara Kirk Ochoa Revocable Trust dated October 29, 2003 By : M y Ochoa, Trustee By: Barbara Kirk Ochoa, Trustee State of California ) r ) SS. County o On 4. 2004, be m personally ppeared personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. 7R�ACY MARIAk Ct7MM. �ase2s NOTARY POBLIC-CALIRORN#r{ Y CotvtAM.EXP.PEB.is 2 00 9 a My commission expires: {SEAL} State of Cali orr►ia ) I County of � - .� 1.ae-l" ©n , 2004, before me m 4awi��'``,`�`ersonaliy personally known to me(or proved to me the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s) or entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seat. 1 FtAC��0 cr��.�4msaxss NOTARY PUBLIC-CALLIFORNIA Cp UFfdl.EXP.FEB