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HomeMy WebLinkAboutMINUTES - 03062007 - C.18 .E TO: BOARD OF SUPERVISORS _ Contra`=--- -o�' FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa DATE: March 6, 2007 STA �oUK County SUBJECT: Approve the Final Map and Subdivision Agreement for Subdivision 04-08905, for project being developed by Davidon Homes, Alamo area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/ 14�6-for Subdivision 04-08905, approving the Final Map and Subdivision Agreement, for project being developed by Davidon Homes, Alamo area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Public Works staff has reviewed the Conditions of Approval for Subdivision 04-08905 and has determined that all Conditions required for Final Map recordation have been satisfied. CONSEQUENCES OF NEGATIVE ACTION: The Final Map and Subdivision Agreement will not be approved. Continued on Attachment:s,-' SIGNATURE: ECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ✓APPROVE OTHER r- SIGNATURE S ACTION OF BO ON &t.8 APPROVED AS RECOMMENDED OTHER VOT OF SUPERVISORS / I hereby certify that this is a true and correct UNANIMOUS(ABSENT N®�P/ ) copy of an action taken and entered on the AYES: NOES: minutes of the Board of Supervisors on the ABSENT: ABSTAIN: date shown. AH:vz G:\EngSvc\BO\2007\03-06\BO-21 SD 04-8905.de: Originator: Public Works(ES) QJY� O G Contact: S.Gospodchikov(313-2316) ATTESTED: cc: Public Works- Construction JOHN CULLEN, Clerk of the Board of Current Planning,Community Development T—January 6,2009(PI) Supervisors and County Administrator Davidon Homes 1600 S.Main Street,#150 Walnut Creek,CA 94596 Attn:Steve Abbs Liberty Mutual Insurance Company By , Deputy One Front Street,#1925 San Francisco,CA 94111 Attn:Kathleen Beck THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on March 6, 2007 by the following vote: AYES: Gioia,Uilkema, Bonilla, Glover and Piepho NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2007/ 496-- SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 04-08905,for project being developed by Davidon Homes, Alamo area. (District III) The following documents were presented for Board approval this date: 1. Map The Final map of Subdivision 04-08905, property located in the Alamo area, Supervisorial District III, said map having been certified by the proper officials. I1. Subdivision Agreement A subdivision agreement with Davidon Homes, principal, whereby said principal agrees to complete all improvements as required in said subdivision agreement within two years 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 AH:vz taken and entered on the minutes of the Board of Supervisors G:\EngSvc\BO\2007\03-06\BO-21 SD 04-8905.doc p Originator: Public Works(ES) on the date shown. Contact: S.Gospodchikov(313-2316) cc: Public Works- Construction Current Planning,Community Development T—January 6,2009(P l) Davidon Homes ATTESTED: ��' G� �.77 1600 S.Main Street,#150 JOHN CULLEN, Clerk of the Board of Supervisors and Walnut Creek,CA 94596 Attn:Steve Abbs County Administrator Liberty Mutual Insurance Company One Front Street,#1925 San Francisco,CA 94111 Attn:Kathleen Beck By ,Deputy RESOLUTION NO.2007/ ��� SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 04-08905, for project being developed by Davidon Homes, Alamo area. (District III) DATE: March 6, 2007 PAGE: 2 A. Cash Bond Performance amount: $16,099.00 Auditor's Deposit Permit No. 477971 Date: February 8, 2007 Submitted by: Davidon Homes Tax ID Number: 94-2795275 B. Surety Bond Bond Company: Liberty Mutual Insurance Company Bond Number: 070004769 Date: January 25, 2007 Performance Amount: $1,593,801.00 Labor&Materials Amount: $804,950.00 Principal: Davidon Homes 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 2006-2007 tax lien has been paid in full and the 2007-2008 tax lien,which became a lien on the first day of January 2007, is estimated to be $356,400.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Financial Institution: Liberty Mutual Insurance Company Bond Number: 070004776 Date: February 15, 2007 Amount: $356,400.00 Submitted by: Davidon Homes 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 final 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 UTION NO. 2007/1196r I Subdivider.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 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 accordance with Sections 94-4,406 and 94.4.408 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 salisfactoJly 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. 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 reads 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 an sure 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. B. INDEMNITY. Subdivider shall defend,hold harmless and indemnify the indemnitees from the liabilities as defined in this section: employees.A. The indemnitees benefitted and protected by this promise are the County and its special districts,elective and appointive boards,commissions,officers,agents and 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 sult(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omissi (neg r rict glgerlk,[n gtu miliov#*the covered by this Agreement and attributable to Subdivider,contractor,subcontractor,or any officer,agent,or employee ofte,oi tem. v D. Non-Conditions.The promise and agreementin this sectipmware'r*conditioned or deoeh`dent on Mether m,not any indemnitee has prepared.supplied,or approved any plan(s)or specification(s)in connection with this Work or Subdivision,or s insurance or other Indemnification co'Aring`2ny of these tiers,or that 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 orexpiration 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 contract or 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 or to 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 terms 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 B.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:1Fina1\PVJ1LW-SubAg mL9.03.wpd [Rev.9/031 Page 2 of 2 m O z uj O�pFt W o = =s Z < $ w � �e1 VA N33tlD $ a F � N Nom a $ Wco 6 F o N 6ti S yos� o 4c R aria Ileso 0 /Oc¢�d Rgcg � OicwU �J PINTADD FoN K' <� 53 � in om m FS WwinU I �R as a� $ aWa"s g ^ o g z g a -g Nfi- Qz �3� s a y w 2M 2, �Wais $g Ogg =sem �m s <a= A. �� tea= `b�6� b;�r�6 hit Es� �k� W f& oI o o a a o �� � Fo zopu o 112$ ag awe s� <g ai �R �$ web -$idocmii� 9R. cg c. 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DESCRIPTION FUNDIORE SUB I TASK OPTION ACTIVITY AMOUNT ACCT SD 8100 Base Map Fee 001600 9606 150.00 SD 8100 Mounment Ck Fee 000651 `1" .' REV 6LO81 D 500.00 SD 04-8905 Monument Fee 2,040.00 SD 04-8905 Base Map Fee 001600 9606 1,125.00 DA 00-00006 Drainage Ext 000651 9660 6LO76B 250,00 WC DA 8 007602 91401 1,146.76 WC DA 9 000120 1,793.97 WC DA 46 007578 33,743.35 WC DA 67 007539 398.24 r WC DA 128 007537 411.23 Pipeline Franchise Fee Resol 3352 000005 9120 2,248.59 Inv 912362 000672 9755 REV 16R2280 688.25 TP06-00064 BA 33911 003520 9660 5BO51X 566.28 DP06-03036 BA 32518 5BO36X 356.61 MS 05-00034 BA 30617 5B0034 408.18 000651 6L0069 475.80 Explanation: TOTAL $ DEPOSIT 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 ASSIGNED The amount of money described above is for reasurer's receipt of above amount is Receipt of above amount is hereby acknowledged. deposit into the County Treasury Signed: Date_/_/ a Signed: Signed: Title: - EXT. Deputy Coun Auditor Deputy County Treasurer D-34 Rev.(7-93) COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER ..-; MARTINEZ, CALIFORNIA i rHETREASURER: ,<ECEIVED FROM Public Works ORGANIZATION NUMBER 650 (For Cash Collection Procedures See County Administrator's Bulletin 105.) DESCRIPTION FUNDIORG SUB TASK OPTION ACTIVITY AMOUNT ACCT Inv 912557 Utility 000651 9105 REV 6LO82E 7,173.41 Trust Fund 819800 08001 17,276.00 000648 9140 56,336.80 000649 9665 18,894.00 Explanation: TOTAL $ DEPOSIT Deposit consists of the following items COIN and CURRENCY $ CHECKS,M.O., ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT � PERMIT DP "{-77l NUMBER DATE ASSIGNED The amount of money described above is for measurer's receipt of above amount is Receipt of above amount is hereby acknowledged. deposit Into the County Treasury \ SI Signed:Date / / 4 . --- . Signed. Title: EXT. -unty Auditor Deputy Count Treasurer D-34 Rev. (7-93) 819800-0800: 61220359, $1,177.00, SD 8100, Cash Bond, John S. Herrington, 160, Alderwood Rd., Walnut Creek, CA 94598 819800-0800: G1220359, $16,099.00, SD 04-8905, Cash Bond, Davidon Homes, 1600 South Main Street, Suite 150, Walnut Creek, CA 94596 0648-9140 / 112200: 61220365, $56,336.80, SD 04-8905, Drainage Mitigation Fees, Davidon Homes, 1600 South Main Street, Suite 150, Walnut Creek, CA 94596 0649-9665 / 112300: 61220343, $500.00, R53170, Record of Survey Review, DeBolt Civil Engineering, 811 San Ramon Valley Blvd., Danville, CA 94526 0649-9665 / 112300: G1220344, $500.00, R53171, Record of Survey Review, LaMorinda Development, PO Box 2028, Orinda, CA 94563 0649-9665 / 112300: G1220346, MS 05-0003, Mark Rolandelli Const, Inc., 9 Whitfield Ct., Pleasant Hill, CA 94523 $1,550.00 Map Check $7,440.00 Plan Check 0649-9665 / 112300: G1220348, $500.00, RS 3169, Record of Survey Review, Larry Hogan, 5122 Pleasant Valley Dr., Mtz, CA 94553 0649-9665 / 112300: 61220350, $500.00, RS 3168, Record of Survey Review, Bud Simmons, 3859 Joan Ave, Concord, CA 94521 0649-9665 / 112300: G1220358, $1,550.00, MS 05-0020, Map Check Deposit, Jeffrey Jess, 3845 Camino Diablo Rd., Byron, CA 94514 0649-9665 / 112300: G1220359, $6,354.00, 508100, Inspection Deposit, S. Herrington, 160, Alderwood Rd., Walnut Creek, CA 94598 f SECRETARY'S CERTIFICATE The undersigned, Assistant Secretary of DAVIDON CORPORATION, a California corporation, hereby certifies that the following is a copy of the resolution adopted by the Board of Directors of Davidon Corporation. RESOLVED, that the Corporation hereby elects the following persons to the offices indicated after the name of each effective January 1, 2000. President Donald Chaiken Vice President John Albini Vice President Dennis Razzari Vice President Jeffrey Thayer Vice President-Property Management Diana Fox Treasurer Dennis Cedros Secretary Carole Chaiken Assistant Secretary Linda Allen FURTHER RESOLVED, that this election of officers supersedes any prior election. FURTHER RESOLVED, that any officer of this corporation be and hereby is authorized, directed and empowered to execute documents as the general partner of Davidon Homes, a California Limited Partnership, as required by the Department of Real Estate in connection with the obtaining of Preliminary Public Reports and Public Reports. Dated: February 2, 2007 Vstant Secretary SECRETARY'S CERTIFICATE The undersigned, Assistant Secretary of DAVIDON CORPORATION, a California corporation, hereby certifies that the following is a copy of the resolution adopted by the Board of Directors of Davidon Corporation on the 30th day of December, 1999: The undersigned, constituting the entire Board of Directors of Davidon Corporation, a California corporation, in accordance with the authority contained in Section 307(b) of the California Corporations Code, in lieu of a regular meeting of the Board of Directors, does hereby consent to and adopt the following resolutions: WHEREAS, Section 5.1 of the Bylaws of the corporation provides that the Board of Directors, in its discretion, may determine the method and designate the signatory officer or officers or other person or persons, to execute any corporate instrument or document, or to sign the corporate name without limitation, except where otherwise provided by law, and such execution or signature shall be binding upon the corporation; WHEREAS, the Board wishes to authorize certain officers to execute documents on behalf of the corporation when the corporation is acting as General Partner of Davidon Homes, a California limited partnership, or other entity for which it acts as General Partner; NOW THEREFORE BE IT RESOLVED, that the President or any Vice President, except the Vice President-Property Management, is authorized to do and perform every act necessary and appropriate, in his sole discretion, to be done in the exercise of the following powers, and is authorized in the exercise of these powers to solely execute the specified instruments or documents: 1. Execute and acknowledge the owner's certificates for parcel maps and final maps, including without limitation, any supplemental information sheets pursuant to Government Code Section 66434.2, and any offers of dedication in connection with the approval of a final map or parcel map, which offers are made by separate instrument; 2. Execute and acknowledge subdivision improvement agreements and agreements for the location and installation of utilities; 3. Execute and acknowledge grants and conveyances of rights of way and other interests in real property if such grants and conveyances are to governmental entities or public utilities and are incident to or arise out of agreements entered into pursuant to clause 2 above; 4. Execute and acknowledge, as principal, surety bonds or other security instruments or devices given to secure performance under agreements executed pursuant to clause 2 above or otherwise required to satisfy any conditions imposed upon the - ——--— approva o e final or parcel map, any local ordinance or the provisions of the Subdivision Map Act. The foregoing includes, without limitation, the power to execute indemnity agreements in favor of the surety and agreements and instruments necessary to obtain "set aside letters" or other devices collateral to such indemnities; 5. Execute and acknowledge an indemnity in favor of the "local agency" pursuant to Section 66474.8 of the Government Code; 6. Execute and acknowledge any documents, agreements or instruments, render any notices and otherwise do or consent to all acts necessary and appropriate to the exercise of the power enumerated in clauses 1 through 5 above. 7. Sign, acknowledge and deliver deeds of conveyance for the sales to individual purchasers of any of the single improved or unimproved lots or condominium units owned by Davidon Homes and located in the State of California with such clause or clauses, covenant or covenants, and agreement or agreements to be contained in such deed or deeds as the officer deems appropriate; 8. Execute all escrow instructions, warranties, notices of completion, and all other documents and agreements as may be necessary or appropriate for the sale of the single lots or condominium units referred to in clause 7 above to individual purchasers. 9. Execute purchase agreements, escrow instructions and other documents as may be necessary or appropriate for the purchase of unimproved or improved land for development by the corporation; FURTHER RESOLVED, that any officer of this corporation, except the Vice President- Property Management, be and hereby is authorized, directed and empowered to execute documents required by the Department of Real Estate in connection with the obtaining of Preliminary Public Reports and Public Reports for the subdivisions of Davidon Homes; FURTHER RESOLVED, that the President or the Vice President-Property Management is authorized to do and perform every act necessary and appropriate, in his/her sole discretion, to be done in the exercise of the following powers, and is authorized in the exercise of these powers to solely execute the specified instruments or documents: 1. Execute and acknowledge documents on behalf of this Corporation as the sole general partner of the Bel Air Apartments, L.P., Bermuda-Trinidad Apartments, L.P., Davidon Investors, Lakeshore Antioch, L.P., Pine Ridge Modesto, L.P., Portola Meadows Investors, L.P., Raintree Fairfield, L.P., Reflections Fresno, L.P., Somerset Park Investors, Sycamore Village Investors, L.P., or Woodside San Leandro, L.P. ("Apartment Partnerships"), owners of various apartment properties managed by Davidon Homes; 2. Execute and acknowledge any documents, agreements or instruments, render any notices and otherwise do or consent to all acts necessary and appropriate to the management of the Apartment Partnerships to the exercise of the power enumerated in clause 1 above. FURTHER RESOLVED, that any and all actions heretofore or hereafter taken by the officers or directors of the corporation within the terms of any of the foregoing resolutions are hereby ratified and confirmed as the act and deed of the corporation. Dated: February 2, 2007 --Assist Secretary subdivision; 8905 ALAMO CREST aorid.1jo.i 070004769 Premium: $14,344.00 Any claim under tris Eond snould be trio ne r8ntrffl #1925 San Francisco, CA 94T11 IMPROVEMENT SECURITY BOND FOR SUEONISION AGREEMENT (Perfomia:aa.Guarantee and Payment) (Gov.Code,§s 66499-66499AD) 1. RECITAL OF SUBDIVISION AGREEMENT; `he Principal has executed an agreemant with the County at Contra Costa(hereinafter"County)to install and pay for scree(drainage and other improvements in Subdivision 8905 as specified in the Subdivision Agreement,and to campiete said wank within the time specified for completion in the Subdivision Agreement,all In accordance with State and local laws and rulings thereunder in order to satisfy conditions for Fling of the Final Map or Parcel Map for said subdivision. Under the terms of the Subdivision Agreement,Principal is required to fumish a bond to secure the faithful performance of the Subdivision Agreement and payment to laborer end matarialmen. 2. OBLIGATioN, Davldon Homes as Principal,and Liberty Mutual Insurance Company a corporation organized and existing under the laws of the State of Massachusetts and authortnd to transact surety wlsinass in California,as Surety,hereby ja6ritiy and saveraliv bind ourselves,ou,heir,executors, administrator,911CCe5503 end assigns to the County of Contra Costa.Callfomia to pay it One Million Five Hundred Ninety Three Thousand (A Performance and Guarantee] Eight Liundred One and 00/100s"' Dollars f$--1 L593,801.00** 1 for itself or any city assgnee under the above Subdivision Agreement. Eight Hundred Four Thousand (B. Payment)f_dine Hundred Fifty and 00/1005'" Dollar(S 804,950.00' )to secure the darms in which reference Is made h Title XV(commencing with Section 3082)of Part 4 of Division Ili of the Civil Code of the State of Cafiforr:s. 3, CONDITION. This obligation is subject to the following condition. A The condition of this obligation as to Section 2.(A)above is such that if the above bounded Principal,his or Its heirs,executors,adrntnistrato s, successors or assigns,shall In all things stand to and abide by,and well and truly keep and perform the covenants,conditions and provlsbns in the said agreement and any ai:aratim thereof made as therein provided,on his or their part,to be kept and performed at iiia time and in the manner therein specified,and it all respects according to their true intent and meaning,and shall indemnify and save harmfess the County of Contra Costa(oraly assignee),its officer,agerts and employees,as therein stipulated,then this adlgation shall becorre null and void;otherwise It shall be and remain in full force and affect As pad of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included costs and reasonable expenses and fees, including reasonable attorney's tees,Incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,and to be taxed as costs and included in any judgment rendered. S. Tha co.-,dillor,c this ablution,as L=Section_{o)above,is Such thatsaid Prindpai and ine undersigned as corporate surely are held firmly bound unto tihe County of Contra Costa and all contractors,subcontractors,laborers-,matedalmen 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 thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to this work or labor, and mat the Surety will pay the same in an amount not exceeding the amount hereinabove set forth,and also in rase suit is brought upon this bond,will pay,In addition to the;acs amount thereof,costs and reasonable expenses and fees,including reasonable anomey's fees,incurred by the County of Ccnira Code jar city assignee)in successfully enfordno such obk3stlon,to be awarded and rixad by the coed,and to be taxed as costs and to be inucled in the judgment thansin rendered. it is hereby expressly stipulated and agreed that this bond shall inure to the benet of any and all persons,companies,and corporations entitied to rile dalms under Title 15(commenc)ng with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them ortheir assigns In any suit brought upon this bond. Should the condition of this bond be fully performed,than this obligation shatl become null and void;otherwise itshall be and remain in ful force and effect. C. No change,extension of time,alteration,or addition to the terms of said Subdivision Agreement or the work to be performac thereunder or any plan or sosdfications of said work,agreed to by the Principal and the County of Contra Costa(or city assignee)shall refeve 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 is or consent by Suety;and Surety hereby wai�,es the provisions of Civil Code Section,2819 and holds iself bound without regard to and independently of any action against the Pri=pal whenevEr taken. SIGNED AND SEALED on January 25 20 07 Princioai: Davidon Homes surety: Liberty Mutual Insurance Company Address: 160TSouth M in St., Suite 160 Address: One Front Street#1925 Walnut Creek,CA zip: 94596 San Francisco, CA By Prot Name: Print Na e:_Kathleen Beck Title: SI Title: At [No!e:All signatures must be acknowledged. For corporations,two officers must sign. Trate first signature mast be that of the claimer of the board,president,o: ibH second signature must be that of the se--retary,assistant s cretary, f financial ofFcer, ass start treasurer.(Civ.Code,§1190 and Corps_Code,§313.)] By: Form Approved by County Counsel +U�;rr rsvwpRos�a�m.e.oa.�cc Print Name• L lyllD/4 Cl- [Rev.9,103] Title: 4 53"1sZdz- T 5FCAE-7AW!' 2039589 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint JAMES C.JENKINS, MICHAEL G.HOGAN,KATHLEEN BECK,VIVIAN GOLSTON,BILLY G.BERGAN,ALL OF THE CITY OF CONCORD,STATE OF CALIFORNIA............................................................................................................................... ............................................................................................................................................................................................... each individually if there be more than one named,-its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed, anand all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding ********** FIFTY MILLION AND 00/100 ....****** DOLLARS($ 50,000,000.00***** )each,and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make, ip execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such 'd N attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their N O signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be N CL as binding as if signed by the president and attested by the secretary. 0 .a .y d By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: = Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and _ O 'C 3 deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. R O (D That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. W O— O � j IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of E 00. t Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 27th day of October ;c m O 2006 Q ch G i LIBERTY MUTUAL INSURANCE COMPANY I- 0 o �l >� E d By(;� ...� %.✓_ S�fi4 a O C t'o Garnet W. Elliott,Assistant Secretary A o d) L COMMONWEALTH OF PENNSYLVANIA ss « t y COUNTY OF MONTGOMERY G C*� On this 27th day of October 2006 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged O= that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above :2 3E E ai Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. M 0 M .O a IN TESTIMONY WH unto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania,on the day and year L Tr • v first above written. �Nx�� •.N > N fil�Q +! 'r I Co mlPdflNWE Co T OF P_NNfi Y VANIA E N O O OF TaiM&P1�W1iR.tl+Pgbltc By 7� /G =aD Z c� r Ter sa Pastella, Notary Public c0� ,1o �i.� '�.'�T1. �4 M�rnu¢r.Fariasy#sanin Associsti�n of NW'stta�. tD CERTIFICATE �l r I,the undersigned,Assistan cretary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII,Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN J,ESTI ONY WHEREOF 26haye hereunto subscribed my name and affixed the corporate seal of the said company,this 25th day of y UU By David M.Carey,Assi n Secretary State of California County of Contra Costa On January 25,2007 ,before me,Pam A. Heskett personally appeared Kathleen Beck ®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 PAM A.HESKErr in his/her/their authorized capacity (ies) and that by his Commission*1578945 r /her/their signature(s) on the instrument the person(s) or the QIMYCMM. Notary Public-Califo nia entity upon behalf of which the person(s) acted, executed Contra Costa County the instrument. EVIF88 May 15.2 WITNESS my hand and official seal. �Aat-&0- &4419 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: Davidon Homes Subdivision Bond No. 070004769 to Contra Costa County for Subdivision 8905 Alamo Crest Document Date 01/25/2007 Number of Pages: 1 Signer(s)Other Than Named Above: Capacity(ies) claimed by Signer(s) Signer's Name: ❑Attorney-in-Fact ❑Individual ❑ Trustee h ❑ Corporate Officer ❑ Guardian or Conservator Title(s): ❑ Other: Top of ThumbHere ❑ Partner-❑Limited❑General ® Attorney-in-Fact ❑ TrusteeSigner is Representing: ❑ Guardian or Conservator ❑ Other: Top of Thumb Here Signer is Representing: Liberty Mutual Insurance Company Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ❑ Partner-❑Limited❑General NOTARY ACKNOWLEDGMENT State of California } County of Contra Costa } On February 2, 2007, before me, Alberta F. Martlin , a Notary Public in and for said State, personally appeared Dennis J. Razzari and Linda J. Allen, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons, or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. Signature: Name: Alberta F. Martling (Seal) "i RIA F.MARTUNG Commission#1517159 Notary Pub#c-camomia ' contm collo Courtly OPTIONAL: fMycomm bPkesoc129.2 DESCRIPTION OF ATTACHED DOCUMENT: Improvement Security Bond for Subdivision Agreement between Davidon Homes and Contra Costa County for Tract 8905, Alamo Crest, Bond No. 070004769. VOID AFTER 3/31/07 2/14/07 FATCO$47.00 8905 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 `1 Tax Operations Supervisor cased-covK't't cP Date: 2/14/2007 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. 8905 ALAMO 66140 Parcel #: 193-190-009-4 193-200-017-5 193-200-034-0 193-200-035-7 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 2006-2007 tax lien has been paid in full. Our estimate of the 2007-2008 tax lien, which became a lien on the first day of January, 2007 is $356,400.00 This tract is 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, Treas rer-Tax C II ctor By: PRIM L Devldon Fomes Attn:]off Thayer 1600 South Main Street#150 Walnut Creek,CA 94596 Phone: (925)945-8000 TrTLE_C MPANY First American Tide Comparry 6683 Owens Drive Pleasanton,CA 94588 Attwdjon: Barbara Pinto Phone: (925)738-4042 Order Number: 0192-718223cc URMBond No. 070004776 pftnw-. Liberty Mutual Insurance Company Premium: $5,346.00 Address: One Front Street. Suits`1925 San Francisco, CA 94111 phone#• 415-782-8179 Tax Year 2002/2008 BOND AGAINST TAXES KNOW ALL MEN BY THESE PRESENTS: THAT, Davidon Homes.a Callfomia Limited Padnershioas principal and (Surety) Liberty Mutual Insurance Company . a corporation organized and existing under the laws of the State of Massachusetts ,and authorized to transact surety business in California as surety are held and firmly bound unto the County of Contra Costa - . State of California, in the penal sum of Three fired Fifty Six Thousand Four Hundred Dollars ($j56.40U.o0), to be paid to said County of Qj tra 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 15th day of February -2007. The conditions of the above obligation Is such that WHEREAS,the above bounded principal is about to file a map entitled Tract-8903 and covering a subdivision of a tract of land in said County of Contra Cmta and there are certain liens for taxes arrd special assessments collected as taxes,against the said tract of land covered by said map, which taxes and special assessments collected as taxes,are not as yet due or payable. NOW,THEREFORE, if the said Prbioalshall pay all of the taxes and special assessments cotiecmd as taxes which are a lien against said tract of land covered by said map,at the time of the filing of said map of said tract, then this obligation shall be void and of no effect, otherwise It shall remain In full force and effect. DATE: fiL 01/07 BOND REVIEWED AND APPROVED CONTRA,-COSTACOUNTY TRE U E - COLLECTOR By: e pa„iclo„t.lo r ,a C alb„la LJmR.d lartimmltip Liberty Mutual Insurance Company tar aridon Coepaatloq, fEa yarNni partanr �YBy. =11AYER, resident Billy G. Bergan,Attorney- -Fact suREff STATE OF �� z-Z- AS COUVTYOF ,ICJ } /►� On c' /Z . -4'042 bdm me, /J Notary NW.personify appeared i G.t q e r personally harm to rw(er WMsfrelimyerldrnre)to be ItIm perwriW whose rta t($Wee 6uhivited to the Mftn insdunem and ac nmledged to me Omt h0ShaAhe►, emwuted the same in Ns/hwf#,ek aulhortzed capaclty(iaa)and that by hlsPwA%wr sigrwtue$qon the instrument the person or tht ar*upon behalf of which the pemnKacbed,executed the instrument. WrMESS my had and ofrroial seal. ALBERTA F.MARRING Commfaalon 1517159 CaWomllo gage! Contra Coria C 0otxtty f YZd My Comm.ExpM«Oct 29,2006 My Comm&sion Expkft C � C� 7hw ergo for d1km/nDWWsea( ,wry flame-A I b� ; t� I� M�� n� icy Pnon� 9a?s- 9Vis-800 0 x Notary Registration Number: / County of Principal Place of UwinesscaY a 0-034--1 2039608 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts stock insurance company,pursuant to and by authority of the By-law and Authorization hereinafter set forth,does hereby name,constitute and appoint JAMES C.JENKINS, MICHAEL G.HOGAN, KATHLEEN BECK,VIVIAN GOLSTON,BILLY G. BERGAN,ALL OF THE CITY OFCONCORD,STATE OF CALIFORNIA............................................................................................................................... ............................................................................................................................................................................................... each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding FIFTY MILLION AND 00/100************ ******* DOLLARS($ 50,000,000.00***** )each,and the execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons. That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XIII-Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such 'a attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their rn 0signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be 44) N as binding as if signed by the president and attested by the secretary. _ .N y By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby t4 .:►- authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and — O deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. O aT v F- 3 That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect. W O— O MIN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of E Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 27th day of October d 3 2006 Q� C Fn O� O i LIBERTY MUTUAL INSURANCE COMPANY ai 0 �� / 0 0 By(��-.-: -� /.✓_ �4 a M cc Garnet W. Elliott,Assistant Secretary rn(D d). COMMONWEALTH OF PENNSYLVANIA ss rn COUNTY OF MONTGOMERY w C1� 0 V On this 27th day of October 2006 , before me, a Notary Public, personally came Garnet W. Elliott, to me known, and acknowledged = N O•E that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above a 3 ai Power of Attorney and affixed the corporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation. O O >1 IN TESTIMONY WH ?�t Feunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania,on the day and year N 0 first above written. ,of�tit�' ' j ca L OQCo COMMONWMTKOFPENN YLVAMA E N ++ L NppifY'S" M Z V CSF Te P0#8 'N0tNyPd* By a�Z�� C ao dP�e I I Ter sa Pastella, Notary Public 0 1- CERTIFICATE Mems;' Pan"Stanin Asscoation of Notaffoo h0 T I,the undersigned,Assistan crefary of Liberty Mutual Insurance Company,do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy, is in full force and effect on the date of this certificate;and I do further certify that the officer or official who executed the said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article XIII,Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said company,this 15 th day of February 2007. By David M.Carey,Assigt9t Secretary ti State of California County of Contra Costa On February 15,2007 ,before me, Kathleen A. Beck personally appeared Billy G. Bergan ®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 KATHIEENA BECK entity upon behalf of which the person(s) acted, executed 1 Commbsion#1503250 the instrument. -s Notary Pubic-Ca Momia Contra Coda COuAV WITNESS my h d and official seal. My Comm.Expirm Jul 25.2 Signature of Notary Public 11K- --------------------------------------------------- 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: Davidon Homes Bond Against Taxed Tax Year 2007/2008 Bond No. 070004776 to Contra Costa County for Tract 8905 Document Date: 02/15/2007 Number of Pages: 2 Signer(s)Other Than Named Above: Capacity(ies) claimed by Signer(s) Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer ❑ Corporate Officer Title(s): Title(s): ❑ Partner-❑Limited❑General ❑ Partner-❑Limited❑General ® Attorney-in-Fact ❑ Attorney-in-Fact ❑ Trustee t ❑ Trustee R �wl❑ Guardian or Conservatory ❑ Guardian or Conservator ' ❑ Other: Top of Thumb Here ❑ Other: Top of Thumb Here Signer is Representing: Signer is Representing: Liberty Mutual Insurance Company Signer's Name: N O O --xx w O O z CD a Ho 1 W N Q N z o y N N O V} I- W CC r` 0 O zo W O N CC H o H z .o O .c o ya ua m _� LU H a 3 y m ~ W ■ p me rNrn C) � 0 = rA c 1 H a -- 1�0 0 0 W I- to m cnz ao m I ti Cn d O mtLj O O H rn ac H is U 111 Z a Ln N o a c0 I Ln rn M - U O o o I o O O H �� � N q 1 W M rn Iu ru O r-+ R: R' rm cn H O0 OI A 110 .a P64 O U O Y! 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