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HomeMy WebLinkAboutMINUTES - 06272006 - C.8 sE_L TO: BOARD OF SUPERVISORS E .� �� ontra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTORg :5 Costa DATE: June 27, 2006 County ST4 COUIZ SUBJECT: Approving the Parcel Map and Subdivision Agreement for Minor Subdivision 04-00020,for project being developed by Oak Gate Properties,LLC, Danville/Blackhawk area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ 40 for Minor Subdivision 04-00020,approving the Parcel Map and Subdivision Agreement,being developed by Oak Gate Properties, LLC, Danville/Blackhawk area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Engineering Services Division of Public Works has reviewed condition of approval for Minor Subdivision 04-00020 and found all conditions necessary for recordation of Parcel Map have been satisfied. CONSEQUENCES OF NEGATIVE ACTION: The Parcel Map will not be recorded Continued on Attachment: ✓ SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE (APPROVE THER r SIGNATURES : ACTION OF BOV ON G&-.P7 tL cA APPROVED AS RECOMMENDED OTHER VO OF SUPERVISORS UNANIMOUS(ABSENT I hereby certify that this is a true and correct AYES: NOES: ABSENT: ABSTAIN: copy of an action taken and entered on the minutes of the Board of Supervisors on the Originator:Public Works(ES) date shown. Contact: S.Gospodchikov(313-2316) SG:vz G:\EngSvc\BO\2006\06-27\MS 04-00020 BO-21.doc cc: Public Works—Construction ATTESTED: "` 02 j� fo Current Planning,Community Development JOHN CULLEN, Clerk of the Board of T—April 27,2008 Oak Gate Properties,LLC Supervisors and County Administrator 3820 Blackhawk Road Danville,CA 94506 Attn:Matthew Beinke Developer's Surety and Indemnity Company 17780 Fitch,Suite 200 By , eputy Irvine,CA 92614 �J Attn:Wayne Rudick THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 27, 2006,by the following vote: AYES: Uilkema,Piepho,DeSaulnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None . i RESOLUTION NO. 2006/ SUBJECT: Approving the Parcel Map and Subdivision Agreement for Minor Subdivision 04- 00020, for project being developed by Oak Gate Properties, LLC, Danville/Blackhawk area. (District III) The following documents were presented for Board approval this date: I. Map The parcel map of Minor Subdivision 04-00020, property located in the DanvilleBlackhawk area, Supervisorial District III, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with Oak Gate Properties, LLC, principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within two year(s) from the date of said agreement. Accompanying said subdivision agreement is security guaranteeing completion of said improvements as follows: Originator:Public Works(ES) Contact: S.Gospodchikov(313-2316) I hereby certify that this is a true and correct copy of an action SG:vz taken and entered on the minutes of the Board of Supervisors G:\EngSvc\130\2006\06-27\MS 04-00020 130-21.doc on the date shown. cc: Public Works—Construction Current Planning,Community Development T—April 27,2008 Oak Gate Properties,LLC ATTESTED: 3820 Blackhawk Road Danville,CA 94506 JOHN CULLEN, Clerk of the Board of Supervisors and Attn:Matthew Beinke Developer's Surety and Indemnity Company County Administrator 17780 Fitch,Suite 200 Irvine,CA 92614 Attn:Wayne Rudick By '_'_ ,Deputy RESOLUTION NO.2006/ SUBJECT: Approving the Parcel Map and Subdivision Agreement for Minor Subdivision 04-00020, for project being developed by Oak Gate Properties, LLC, Danville/Blackhawk area. (District III) DATE: June 27, 2006 PAGE: 2 A. Cash Bond Performance amount: $2,318.00 Auditor's Deposit Permit No. 465254 Date: June 8, 2006 Submitted by: Oak Gate Properties, LLC Tax ID Number: 04-3833195 B. Surety Bond Bond Company: Developer's Surety and Indemnity Company Bond Number: 740014S Date: June 7, 2006 Performance Amount: $229,482.00 Labor & Materials Amount: $115,900.00 Principal: Matthew D. Beinke II. Tax Letter Letter fi•om the County Tax Collector stating that there are no unpaid County taxes heretofore levied on the property included in said map and that the 2005-2006 tax lien has been paid in full and the 2006-2007 tax lien, which became a lien on the first day of January 2006, is estimated to be $20,800.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Bond Company: Developer's Surety and Indemnity Company Bond Number: 720015 Date: June 7, 2006 Amount:. $20,800.00 Principal: Matthew D. Beinke 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. D SUBDMSION AGREEMENT (Gov.Code,§§66462 and 66463) 27- Subdivision: 7- Subdivision: MS 04 — 0020 Effective Date: JUNE ,, 2006 Subdivider. OAK GATE PROPERTIES Completion Period: jUliB 5, 28 yew-o THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDE Maurice M.Shiu lic W Director By: Print Name HEW D. BF.TNKE RECOMMENDED FOR APPROVA • Print Title MANAGER By: �/ r Print Name ngmeenng Services DivisioyPrint Title FORM APPROVED: Silvano B.Marchesi,County Counsel NOTE:All signatures must be acknowledged.If Subdivider is incorporated,the contract must be signed by two officers.The first signature must be that of the chairman of the board,president,or vice-president;the second signature must be that of the secretary, assistant secretary,chief financial officer,or assistant treasurer.(Civ.Code,§1190 and Corps.Code,§313.) CERTIFICATE OF ACKNOWLEDGMENT [ State of California ) �/�� County of 20 C' ss. On the date written below,before me,the undersigned Notary Public,personally appeared the person gni bove for / lel/ �e�� dersonally known.to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose nam islaresubsc'bedtotha ithin instrument and acknowledged tome that he/shelthey.._ executed the same in his/her/their authorized capacity(ies),and that by histher/their signature(s on the instrumen the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument WITNESS my han//and official seal Dated_ GY�y —� Notary Public (Notary Seal) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,(hereinafter°County')and the above-mentioned Subdivider mutually promise and agree as follows concerning this Subdivision: 2. IMPROVEMENTS.Subdivider agrees to install certain road improvements(both public and private);drainage Improvements,sighs,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,as required by the Conditions of Approval for this Subdivision,and in conformance with the Contra Costa County Ordinance Code,including future amendments thereto (hereinafter"Ordinance Code'). Subdividershall complete said improvements(hereinafter"Work")within the above completion period from date hereof,as required by the Califomia Subdivision Map Act(Gov. Code,§§66410 et seq.)in a good workmanlike manner,in accordance with accepted construction practices and in a manner equal or superior to the requirements of the Ordinance Code and rulings made thereunder,and where there is a conflict among the improvement plans,the Conditions of Approval and the Ordinance Code,the stricter requirements shall govem. 3. IMPROVEMENTS SECURITY. Upon executing this Agreement,the Subdivider shall,pursuant to Gov.Code§66499 and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ 2 318.00 cash,plus additional security,in the amount of$�Zq}y gZ ,which together total one hundred percent(100%)of the estimated cost of the Work. Such additional security is presented in the form of: Cash,certified check or cashier's check. XX Acceptable corporate surety bond. Acceptable irrevocable letter of credit With this security,Subdivider guarantees performance under this Agreement and maintenance of the Work for one year after its completion and acceptance against any defective workmanship or materials or any unsatisfactory performance. B. For Payment: Security in the amount$ ((S O� which is fifty percent(50%)of the estimated cost of the Work.Such security is presented in the form of: Cash,certified check,or cashier's check Acceptable corporate surety bond. Form Approved by County Counsel Acceptable irrevocable letter of credit (Rev.9/031 VICKI HOGENDORN Commisslon# 1660926 LM Notary Public—Callfornla _ Page 1 of 2 Contra Costa County AAy Comm. Expires Apr 25, 2010. r With this security,Subdivider guarantees payment to the contractor,to its subcontractors and to persons renting equipment or furnishing labor or materials to them or to the Subdivider. Upon acceptance of the Work as complete by the Board of Supervisors and upon request of Subdivider,the amounts held as security may be reduced in accordancewith Sections 94.4.406 and 944.408 of the Ordinance Code. 4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that the 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 Cone.Subdivider agrees to correct,repair,or replace,at Subdivider's expense,any defects in said Work. The guarantee period does not apply to road improvements for private roads that are not to be accepted into the County road system.. 5. PLANT ESTABLISHMENT WORK.Subdivider agrees to perform plant 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 en sun: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. Subdivider warrants the improvement plans for the Work are adequate to accomplish the Work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If,at any time before the Board of Supervisors accepts the Work as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Subdivider shall make whatever changes are necessary to accomplish the Work as promised. 7. NO WAIVER BY COUNTY. Inspection of the Work and/or materials,or approval of the Work and/or materials or statement by any officer,agent or employee of the County indicating the Work or any.part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said Work and/or materials,or payments therefor,or any combination or all of these acts,shall not relieve the Subdivider of its obligation to fulfill this Agreement as prescribed;nor shall the County be thereby stopped from bringing any action for damages arising from the failure to comply with any of the terms and conditions hereof. 8. INDEMNITY. Subdivider shall defend,hold harmless and indemnify the indemnitees from the liabilities as defined in this section: A. The indemnitees benefitted and protected by this promise are the County and its special districts,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 ordamage was unforeseeable at any time before County reviewed said improvement plans or accepted the Work as complete,and including the defense of any sugs),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 Subdivider,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)orspecification(s)in connection with this Work or Subdivision,or has insurance or other indemnification covering any of these matters,orthat the alleged damage resulted partly from any negligent or willful misconduct of any indemnitee. 9. COSTS. Subdivider shall pay,when due,all the costs of the Work,including but not limited to the costs of relocations of existing utilities required thereby;inspections;material checks and tests;and other costs incurred by County staff arising from or related to the Work,and prior to acceptance of the Work as complete or expiration of any applicable warranty periods, whichever is later. 10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road Commissioner-Surveyor before acceptance of the Work as complete by the Board of Supervisors. 11. NON-PERFORMANCE AND COSTS. If Subdivider 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 contractor otherwise and Subdivider agrees to pay all costs and charges incurred by County(including,but not limited to,engineering,inspection,surveys,contract,overhead,etc.)immediately upon demand. Once action is taken by County to complete or maintain the Work,Subdivider agrees to pay all costs incurred by County,even if Subdivider subsequently completes the Work. Should County sue to compel performance under this Agreement orto recover costs incurred in completing or maintaining the Work,Subdivider agrees to pay all attorney's fees, staff costs and all other expenses of litigation incurred by County in connection therewith,even if Subdivider 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 andlor any deposit,bond,or letter of credit securing said rights shall be transferred to the new or annexing city.Such city shall have all the rights of a third party beneficiary against Subdivider,who shall fulfill all the terns of this Agreement as though Subdivider had contracted with the city originally.The provisions of paragraph 8(Indemnity)shall continue to apply in favor of the indemnitees listed in paragraph 8.A.upon any such incorporation or annexation. 13. RECORD MAP. In consideration hereof,County shall allow Subdivider to file and record the final map or parcel map for said Subdivision. 14. RIGHT OF ENTRY. Subdivider hereby consents to entry onto the Subdivision property,and onto any other property over which Subdivider has land rights and upon which any portion of the Work is to be installed pursuant to the improvement plans,by County and its forces,including contractors,for the purpose of inspection,and,in the event of non-performance of this Agreement by Subdivider,completion and/or maintenance of the Work. Form Approved by County Counsel H:IFinaI1PW11 W-SubAgmt9.03.wpd [Rev.9/03] Page 2 of 2 4 zda p vs or 6. 4-k V-1 V tz- %(Ala .6 nu-g'ago -16b IrS 13 16,IJ Sr- Z1. ?5 T5 C's p-- ll� MAA x�,It W5 rA OQ ".'Volfalt . 5 0�0, 6ts 0 Fx. S6J -* -*1 a rat st f5, 4 uo cry '64 opt T5 z z sstl s Wf Vt W6 tn 1 43 5 1" ins C'- le VCA pp 96 12 Y5 tn C4 ta list 0 A- ls; tsi M N at USS Bt/1 o4P ,g zu 'A IT Oleo- 'dam11:4 s USI-11 O 'Is sit I�A'AS Its v wt rp ` U� u All r s r. en a 9� Wd 9a1 Sg YLd y�l 8 ia^` styao eaEzt mol o i ` sem ' 111 'iy�y 5 vs CA ig U l ? Ilk it �ttt t efJj a '5N U r \ ,s a0 E�p9t $ } -Lo, �. ��` � Fyg'OZt 3•u aaM r 6t ,N g9E ,3%?L 115•_ t� ff I Iv'� gkh !� 1 OSE. �!. 6 z 9 -'s, u 15 18 1;14 I�R !R tip pt;:, 23V W 80 698ZI )(3wol arfil .0c A Sao al it Ile z 6-1 2m C, 4k, ;z co r. Q (f) ,k. s COUNTY OF CONTRA COSTA DEPOS1 : 1-IT PERMIT OFFICE,OF COUNTY AUDITOR CONTROLLER &'1-,- MARTINEZ,CALIFORNIA TO THE TREASURER:, RECEIVED FROM,;. Public WOCkS ORGANIZATION NUMBER 650 (For Cash Collection Procedures-See County Administrator's Bulletin 105.) `DESCRIPTION FUND/ORG SUB TASK .OPTION..:.; ACTIVITY AMOUNT'. , ACCT Inv.912128 00466U 9595 REV 6X°2909. 2;652,. 6X2917 .. . 2QO:QO' . ; 9206X2 11,925.63; 6X2921.. 768:16 6X2926 6X2935.._= . 6133 Trus#Pubs .819800,.0800 , 28A18' 0 828800 . 52:00` '821500' 000649 9.665 75;202.67 000638:,9752 -166.d0 { EXPLANATION: TOTAL . $ DEPOSIT C.C.0 Deposit consists of the following items COIN and CURRENCY $ ' CHECKS,M.O.,ETC. $. BANK DEPOSITS FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT DP � ; NUMBER , DATE' ./ a,/ ASSIGNED The amount of money described above Is for Treasurer's receipt of above amount is. Receipt of above amount is hereby acknowledged. deposit into the County Treasury e fact/ afe j[ Signed� - A Deputy County Auditor Deputy County Treasurer -3Q Rev:(7-93) - 0638-9752 / 124300: G1201755, $265.00, South Walnut Creek AOB Fees, Beisheim Lane, LLC, 114 Ready Road, Walnut Creek, CA 94598 828800-0800: 61201756, $52.00, Tri Valley AOB Fees, WFO Developers, PO Box 5426, Walnut Creek, CA 94596 821500-0800: G1201756, $28.00, 5CC Reg AOB Fees, WFO Developers, PO Box 5426, Walnut Creek, CA 94596 819800-0800: G1201432, $25,700.00, RA 1191, Cash Bond, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd, Suite 500, San Ramon, CA 94583 819800-0800: G1201435, $2,318.00, MS 04-0020, Cash Bond, Matt. Beinke c/o Oak Gate Properties, PO Box 807, Danville, CA 94526 0649-9665 / 112300: G1201734, $1,250.00, SD 90-07562, BA 14573, Reimburse for transfer to LP 06-2003 (048E) JV06-6168 5/25/06, Shea Homes Norther CA Division, 2580 Shea Center Drive, Livermore, CA 94550 0649-9665 / 112300: G1201748, $845.67, LP 94-02080, BA 16203, COA/076A, T.A. Shulgin, PO Box 803, Martinez, CA 94553 0649-9665 / 112300: G1201430, $4,075.00, Sub 8933, Final Map Check, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd, Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G1201431, $5,000.00, RA 1209 Structure Improvement Plan Review, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665 / 112300: G1201432, $50,000.00, RA 1191, Inspection Fee, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd, Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G1201433, $5,450.00, Sub 9020, Landscape Plan Check Fee, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd, Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G1201434, $7,082.00, Sub 9021, Landscape Plan Check Fee, Windemere BLC Land Company LLC, 6121 Bollinger Canyon Rd, Suite 500, San Ramon, CA 94583 0649-9665 / 112300: G1201435, $1,500.00, MS O4-0020, Deposit, Matt Beinke c/o Oak Gate Properties, PO Box 807, Danville, CA 94526 Subdivision. MSO4-0020 Bond No.: 740014S Premium: $6,608.00 Any claim under this Bond shw d be sent .to tiro fulknvihhgaddrees. Insco Ins.Services,Inc, 17780 Fitch,Suite 200 Irvine,CA.92614 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (performance,Guarantee and Payment) (Gov.Cuda,§§66412IW499.10) i. RECITAL OF SUBDIVISION AGREEMENT.The Principal has executed an agreement with the County of Contra Costa(here natter'County')to install and pay for street,drainage and other improvements in Subdivision MSO4-011*pecifei in theSubdivision Agreement,and to complete said work within the time specified for completion In kne Subdivision Agreemerrf,all inaccordance wit State and local laws and rulings themurder in order to satisfy conditions for filing of the Final Map or Parcel Map for said subdivision.z Under the terms of the Subdivision Agreement,Principal is,requited to furnish a bond to secure the faigrfui performance of the Subdivision Agreement and.payment to laborers and matenaimeo. Z OBLIGATION Oak Gate Properties,LLC as Principal, and.Developers Surety.and lndemnity Company _ ,a corporation organized and existing under the laws of the State of Iowa and authorized to transact suretybusiness in California.as Surety,hereby jointly and severally bind ourselves,our heirs,exerartors,administrators,successors and assigns to the County of Contra Costa,California to pay it: . (A:Perforce and Guarantee)Two Hundred Twenty Nine Thousand Four Hundred Eighty Two Dollars ($229,482.00*** j mhmfor itself or any city assignee under the above Subdivision Agreement. (B.Payment)One Hundred Fifteen Thousand Nine Hundred Dollars ($116,900.00*** i to secure ire claims to which reference is made in Title XV(commenting with Section 3082)of III of the Civil Code of the State of California. 3. CONDITION This obligation is subject to the following condition. A.: The condition of this obligation as to Sedfon 2.(A)above is such that if the above bounded,Principal,his or its heirs,executors, administrators,successes or assigns,shall in all things stand to aid odde,by,,and well and truly keep and perform the covenants,conditions and provisions in the sad agreemerit and any alteration thereof made As therein provided,on his or their part,to be kept and performed at t ietime and in the manner there=n 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 fug force and affect, As pari of the obligation secured hereby and in addition to the face amount specified therefor;here shall be included costs and reasonable expenses and fees,Including reasonable attorney's fees,incurred by the County of Contra Costa or cityassignee)in successfully enforcing such obligation:and to be taxed as costs and included in any judgment rendered. 6. Tha rstixdit nn of this ohllgat on„as to Section 2.(B)abov*is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors,subcontractos,lativers,materialmen and other persons employed in the;performance of the aforesaid Subdivision Agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereat of any kind,or for amounts due under the Unemployment Insurance Act with respect to this work or labor;and that the Surety,vilI pay the same in an amount not exceeding the amount hereinabove set forth. and also in case suit is brought upon this bond;will pay in addition to the face amount thereof,costs and reasonable 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,and to be taxed as costs and to be intruded in the judgment therein rendered. lf is hereby expressfy stipulated and agreed that this bond shag inure to the benefit of any and all persons,companies,and corporations endued to file ciaimu under TM 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Cotte,so as to give a light of action to hem or their assigns in any Butt brought upon this Bond. Should the condiion of this bond be fogy performed.then this obligation shall become null and void;otherwise It shall be andremain in full force and effect. C: No change,extension of time;ageragon,or addition to the terms of sad Subdivision Agreement or the worts to be perfomled thereunder o zany plan or specifications of said work,agreed to by Principal and the Canty of Contra Costa(or city assignee)shall relieve any Surety from liability on this bond;and consent is hereby given to make:such change,extension of time,alteration or addition without further notice to or consent by Surety;and Surety . hereby waives the provisions of Civil Code Section Al and holds itself bound withoutregard to and Independently of any action against the Pntidpal whenever taken. SIGNED AND SEALED on June 7, 2006 Principal Oak Gate Properties,LLC suretu Developers Surety and Indemnfty Company Address:3820 Blackhawk Road Address:17780 Fitch,Suite 200 Danville TO; Irvine,CA. Ziy 92614 f C� Print Name: Ma D.Bein Print Name. VU ne .Rudick Title: Managing Member Tito: Alto - act [None:All signatures mist be adr6viedged. Fprcorpaagars;tore o.�ioers rrust.sigh The ffral signature r W be that of Its chairman of fie board,prestfem;or Mite-president;the ,"ook signetwe must be that of he secretary,assfstafitsecretary,chef financial officer.or assistant treasurer.(Gv.Code:$1190 and Corps Coce.§311)) From Approved byCounty Co"e1 [Rev.V06) N1Fi�,y+p,iyi 7FSe;aord,�.DE.Kptl POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,&each,hereby make,constitute and appoint: ***Wayne M. Rudick, Jeanne A. Winter, Margaret D. Hotting, jointly or severally*** as their true and lawful Attorney(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and connects of suretyship giving and granting unto said Attorney(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 fukt power of substitution and revocation,and all of the am of said AttoniW*in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective 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 attorneys)named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to sum the execution of any such PowerofAttomey. RESOLVED.FURTHER.that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile.and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the f itum with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused theta presents to be signed by their respective Executive Vice President and attested by their respective Secretary this Ist day of December, 2005. David H.Rhodes,Executive Vice-President Q��y ��N4F GO�PPO y O'c zav err r QCT -s. Wul OCT.5 O it 10 �n 19 3 �� �2 t'q</roP�'�P . Walter A.Crowell,Secretary STATE OF CALIFORNIA COUNTY OF ORANGE On December I,2005 before me,Gina L.Garner, (hem insert name and tide of the officer}, personally appeared David H.Rhodes and Walter A.Crowell, personally known to the(or proved to me on the basis of satisfactory evidence)to be the person(s)whose naare(s)is/am subscribed to the within instrument and acknowledged to me tut helshe/they executed the same in his/her/their authorized capecity(ies),and that by his/her/their signature(s)on the instrument the person(s), or dw entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hated and official seal. INA L GARNER Ir1OMW PWBUC CAUFOR" signature (SEAL) ORANGE COUNTY conte t 9mo CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Auomcy remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of tie respective Boards of Directors of said corporations set forth in the Power of Atte mey,are in force as of the date of this Certificate. This Certificate is executed in the city of Irvine,California,the 7th day of June 2006 L By— Albert Ht7lebrand, Assistant Secretary ID-1390(Rev.12105) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Califor I County of �� ss.h, On Vefore me, < atelame an vle c cer(16."Jan Doe,Nota ublic") personally appeared G t Name(s)of signer(s) ,personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed VICKI HOGENDORN the same in his/her/their authorized Commission# 1660925 z capacity(ies), and that by his/her/their Notary Public—Callfomla g si re(s) on the instrument the person(s), or Contra Costa County a entupon behalf of which the person(s) My Comm. Expires Api 25, 2010. acted, a ecuted the instrument. t*Candagd,� ial se Si natu o o a u / 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 f rm to anotherdo ume t. Description of Attached Document �L��/i-�1�C / Title or Type of Document: YP - Document Date: NuZer of Pa s: Signer(s)Other Than Named Above: Gly( Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•w .nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 - CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of A I OiIM On Juno. D1_ atop before me, 6�6q L.C 1 f G TDate Name and Title of Officer(e.g.,"Jane 6be,Notary Public") personally appeared I I Name(s)of Signer(s) X::�6rsonally known to me ❑ proved to me on the basis of satisfactory evidence to be the personX whose nameAQdafe• subscribed to the within instrument and acknowledged to me that&g4et(hey.executed the same in Qi, heffl#►eir authorized capacity>e01 and that byhi ' signaturepo on the instrument the persorg, or the entity upon behalf of which the person ANDREA L.ELLS acted, executed the instrument. CommhOw#t 1421854 Nollary PibNc-cal bMia WITNESS my hand and offic'al seal. AIOIIINMF Courtly Com. Jun IN8. 7—U."a, 2807 Signature of Notary Public 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:_MP"VJVY1244 Document Date: 1_ �AQ� Number of Pages: 1 Signer(s)Other Than Named Above: Capacity(les) 1Claimed by Signer 1• Signer's Name: El Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: ..�� 11 11 (` Signer Is Representinz- ,A a�ttf ej ni � 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 VOID 7121 006 6/6/06)LDREP$42.00 04-0020 Tax Collector's Office William J.Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building,Room 100 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 V TSTA COUPi� Date: 6/6/2006 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. 04-0020 DANVILLE 66122 Parcel#: 220-080-023-9 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 2005-2006 tax lien has been paid in full. Our estimate of the 2006-2007 tax lien, which became a lien on the first day of January, 2006 is $20,800.00 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, Treasurer-Tax C II for By: Bond No 720015. Premium$499.00 PRINCIPAL TITLE COMPANY SURETY Oak Gate Properties,LLC Old Republic Title Company Developers Surety&Indemnity Company 3820 Blackhawk Road 3000 Clayton Road 17780 Fith,Suite 200 Street Address Street Address Street Address Danville,CA.94526 Concord, CA 94519 Irvine,CA.92614 City, State, Zip City, State, Zip City, State, Zip Matthew D..Beinke Dawn Cabral Greg Pribyl Contact Person Contact Person Contact Person 925-736-1571 (925)687-7880 949-263-330 Phone Number Phone Number Phone Number BOND AGAINST TAXES KNOW ALL MEN BY THESE PRESENTS: THAT Oak Gate Properties,LLC as Principal and Developers Surety and Indemnity Company as Surety, a corporation organized and existing under the laws of the State of Iowa 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 sum of TWENTY THOUSAND EIGHT HUNDRED DOLLARS ($20,800.00), 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 these presents. Sealed with our seals and dated this 7th day of June,2006 2006. The conditions of the above obligation is such that WHEREAS, the above bound Principal is about to file map(s) entitled MS 04-0020 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 covered by said map(s), which 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 filing of said map, then this obligation shall be void and of no effect. Otherwise it shall remain in full force and effjR PRI NCIP Y: B JG' l y• By: Matthew D.Beinke Wane M. udick (ALL SIGNATURES MUST BE NOTARIZED) DATE: BOND REVIEWED AND APPROVED CONTRA COSTA COUNTY TR COLLECTOR BY: POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725,IRVINE,CA 92623 (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 each,hereby make,constitute and appoint: ***Wayne M. Rudlck, Jeanne A. Winter, Margaret D. Hotting, jointly or severally*** as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of wayship giving and granting unto said Anomey(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 Attorney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respoctive Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective 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 Attorney to execute,on behalf of the corporations,bonds,undertakings and centmis of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them bereby is,authorized to attest the execution of any such Power ofAttorney; RESOLVED.FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating theme by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to may bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 1 at day of December, 2005. By V AMD/NPANYO David H.Rhode*,Executive Vice-President �l O�lFa►� ��S �G OpPOgR c aW OCT. .<. OCT.5 O n, 11) n err 1887 Br o�� 1936, Walter A.Crowell.Secretary �7 /oWA �D � '4C/FOp� STATE OF CALIFORNIA COUNTY OF ORANGE On December I,2005 before me,Gina L.Gamer, (here insert name and title of the officer), personally appeared David H.Rhodes and Walter A.Crowell, personally known to the(or proved to ace on the basis of satisfactory evidence)to be the person(s)whose narne(s)is/are subscribed to the within instrument and acknowledged to me that he(she/they executed the sane in his/her/their authorized cap es).and that by his/her/their signature(s)on the inshwnent the person(s), or the entity upon behalf of winch the person(s)acted,executed the instrument. WITNESS my hand and official seal. GWA L GARNER COMM.#1569561 Signature (SEAL) NOrA1311 PIIBUC CAUFON" ORANGE COillM etnrna at Iras t 2W CERTIFICATE The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, docs hereby oertify that die foregoing Power ofAttorncy remains in full force and has not boon revoked,and tthrthermore,that the provisions of the resolutions of Ilse respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the 7th day of_June 2006 By Albert Hillebrand, Assistant Secretary ID-1380(Rev.12/05) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Californ'�t ss, County of0 /a &,h On r I before me, �� r D toan T o icer(e.g.,"Jane Doe,Nota ublic") personally appeared /( J , Name(s)of Signer(s) personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed VICKI HOGENDORN the same in his/her/their authorized y Commission# 1660925 capacity(ies), and that by his/her/their »® : ' Notary Public—California _ sign s)on the instrument the person(s), or Contra Costa County thentity on behalf of which the person(s) My Comm. Expires Apr 25, 2010. cted, exec ed th instrument. 7 WIT. SS y I' , an offi ial seal. ,r iignatwfe of ota u lic 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 documeqt. �J Description of Attached DocurDent If Title or Type of Document: Document Date: F-P ber o Pages: Signer(s)Other Than Named Above: ,1� Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General ❑ Attorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: 0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of M ss. On�ti�q�1Q, 9- oeftty before me, lLG1 L.�1 b Name and Title of Officer(e. Jane Doe,Not ublic") personally appeared l 1 ,• t Name(s)of Signer(s) �rsonally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose nameX&-" subscribed to the within instrument and acknowledged to me that&rh@Aiaajr executed the same in i(�S hrer�#�ieic authorized capacitys), and that by hi signature,($'on the instrument the persoDK, or the entity upon behalf of which the persorm ANDREA L-ELLS acted, executed the instrument. Comftdon#r 1121854 Not"FUl78t:-CoWortNa WIT ESS my hand and officia seal. Alm- rim County —Y.7 . .. 2Wf A L Signature of Notary Public 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.?rOn OyC Document Date: �L� Number of Pages: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Siiggner Signer's Name: ` ' ' clL ❑ Individual Top of thumb here ❑ Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑General rpAttorney-in-Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: ©1999 National Notary Association-9350 De Soto Ave.,P.O.Box 2402-Chatsworth,CA 91313-2402•www.nationalnotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827