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MINUTES - 04172007 - C.4
s TO: BOARD OF SUPERVISORS � sE L Contra FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Costa �.,.,t,;,le' ;z DATE: April 17, 2007 ST`q COUP" County SUBJECT: Approve the Parcel Map and Subdivision Agreement for Minor Subdivision 04-00015,for project being developed by Ben Simhayoff and Oshrat Herscu,Walnut Creek area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/ afor Minor Subdivision 04-00015,approving the Parcel Map and Subdivision Agreement, for project being developed by Ben Simhayoff and Oshrat Herscu; Walnut Creek area. (District IIl) FISCAL IMPACT: None. , ,BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Public Works Department has reviewed the Conditions of Approval and is.satisfied that all conditions'required for parcel map recordation 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 OTHER SIGNATURE (S). ACTION OF BO ON Y APPROVED AS RECOMMENDED OTHER i, vO OF SUPERVISORS I hereby certify that this is a true and correct . V UNANIMOUS(ABSENT i"— ) 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\04-17\BO-21 MS O4-0015.doc Originator:Public Works(ES) A Contact: S.Gospodchikov(313-2316) ATTESTED: cc: Public Works-Construction Current Planning,Community Development JOHN CULLS , Clerk of the Board of T-February 17,2009 Ben Sinihayoff and Oshrat Herscu Supervisors and County Administrator 4340 Walnut Blvd Walnut Creek,CA 94596 Indemnity Company of California P.O.Box 19725 Irvine,CA 92623 By , Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 17, 2007 by the following vote: AYES: Gioia,Uilkema, Bonilla, Glover and Piepho NOES: None ABSENT: None ABSTAIN: None - - - - RESOLUTION NO. 2007/�� SUBJECT: Approving the Parcel Map and Subdivision Agreement for Minor Subdivision 04- 00015, for project being developed by Ben Simhayoff and Oshrat Herscu, Walnut Creek area. (District III) The following documents were presented for Board approval this date: I. Map The parcel map of Minor Subdivision 04-00015, property located in the Walnut Creek area, Supervisorial District III, said map having been certified by the proper officials. H. Subdivision Agreement _ A subdivision agreement with Ben Simhayoff and Oshrat Herscu,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: vz I hereby certify that this is a true and correct copy of an action G:\EngSvc\BO\2007\04-17\BO-21 MS 04-OOli.doc taken and entered on the minutes of the Board of Supervisors \En Originator:Public Works(ES) on the date shown. Contact: S.Gospodchikov(313-2316) cc: Public Works—Construction Current Planning,Community Development t7 T—February 17,2009 ATTESTED; j��'/� Ben Simhayoff and Oshrat Herscu i 4340 Walnut Blvd JOHN CULLEN, Clerk of the Board of Supervisors and Walnut Creek,CA 94596 Indemnity Company of California County Administrator P.O.Box 19725 Irvine,CA 92623 By ,Deputy RESOLUTION NO.2007/ °2�_ SUBJECT: Approving the Parcel Map and Subdivision Agreement for Minor Subdivision 04- 00015, for project being developed by Ben Simhayoff and Oshrat Herscu, Walnut Creek area. (District III) DATE: April 17, 2007 PAGE: 2 A. Cash Bond Performance amount: $1,000.00 Auditor's Deposit Permit No. 479292 Date: March 6, 2007 Submitted by: Ben Simhayoff Tax ID Number: 608-46-5082 B. Surety Bond Bond Company: Indemnity Company of California Bond Number: 569402S Date: March 15, 2007 Performance Amount: $78,000.00 Labor & Materials Amount: $39,500.00 Principal: Ben Simhayoff 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 $12,600.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Auditor's Deposit Permit: 480357 Date: March 26, 2007 Amount: $12,600.00 Principal: Ben Simhayoff 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. 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Rgq; Nov 10 0 f SUBDIVISION AGREEMENT (Gov.Code,§§66462 and 66463) C� Xpr; l I7 Zoy� Subdivision: � � � _ o V Effective Date: i Subdivider: Completion Period: Z yP.2r6 THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: CONTRA COSTA COUNTY SUBDIVIDER Maurice M. hiu,Public Works Director By: Print Name PZ S i r-1}}yr(p REC\GMdNDED FOR APPROVAL: n� Print Title 0a .rzA&W11 By: /00� Print Nam S t{. -T I ngmeenng services Division Print Title &,V"v7z— FORM APPROVED: Sllvano B.Marchesl,County CounselN( OTE: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 On the date wri lic,personally appeared the persorCss)signing above for ��'► f�C9' SC-�� •personally known to me roved to me on the basis of satisfactory evidence) be the person hose namCok*subscribed to the within instrument and acknowledged to me that helsheAR executed the same m rs a signatur�spon the instrument the persor sem?or the entity upon behalf of which the persor>(sDected, executed the instrument WITNESS my hand and official seal. Dated:44a1zv,72 °F ti Catherine Holley Venables ry Public �Jn D 26 (Notary Seal) r COMM. #14129 �® NOTARY PUBLIC•0 LIPOPINIA CONTRA COMA COUNTY 1. PARTIES&DATE.Effec' a fibi rC45 u , (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,signs,street lights,f re 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 govern. 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: j�/��V A. For Performance and Guarantee: $10,L$ cash,plus additional security,in the amount of$ r �tJ 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. Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Subdivider guarantees performance underthis 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:$ 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 i Acceptable corporate surety bond. Form Approved by County Counsel Acceptable irrevocable letter of credit. (Rev.9/031 Page t of 2 S , 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 maybe 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 satisfactorily for a period of one(1)year from and after the Board of Supervisors accepts the work as complete in accordance with Article 96-4.6,'Acceptance,'of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at SubdMder'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 agreesto perform plant establishmentwork 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 than es are necessary to accomplish the Work as-promised._..___. 7. NO WAIVER BY COUNTY. Inspectiorf of the Work andlor materials,or approval of the Work andlor 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: 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 notsuch liability,claim or damage was unforeseeable at any time before County reviewed said Improvement plans or accepted the Work as complete,and including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims. C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this Agreement and attributable to Subdivider,contractor,subcontractor,or any officer,agent,or employee of one or more of them. D. Non-Condiflons.The promise and agreement in this section are not conditioned or dependent on whether or not any indemnitee has prepared,supplied,or approved any ptan(s)or specificatfan(s)in connection with this Work or Subdivision,or has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly 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 othercosts incurred by County staff arising from or related to the Work,and priorto 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 underthis Agreement orto recovercosts 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 it Subdivider subsequently proceeds to complete the Work. 12. INCORPORATIONIANNEXATION. If,before the Board of Supervisorseccepts 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 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 [Rev.9/031 H:1Fina11PMLW-S ubAgmL9.03.wpd Page 2 of 2 COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ, CALIFORNIA THE TREASURER: i RECEIVED FROM Public Works ORGANIZATION NUMBER 650 �brganlzauon) (For Cash Collection Procedures See County Administrator's Bulletin 105.) DESCRIPTION FUND/ORG SUB TASK OPTIO ACTIVITY AMOUNT ACCT. SD03-08720 BA 23383 000651 `9660. REV 6L0072 4,819.74 DP06-030.03 BA 31.782 15BOO1.4 1,500.61 000651 6L0014 484.33, MS06-00027 BA 32910 003520 5B0034 629.68 000651 JOL0036 168-.3.0.- DPM-03061 BA 33223 003520 5B039C 2;442:1.0 :0.00651 . 6L0015 1,021.16 LP89=02115 ,BA 17740 003520 15B049X 84.80 '000651 4 6LO74A 38.47. DA.52C Sub Reg Fees 007571 9140 527489.00: DA 52C'Sub Reg Fee.MS 364-05 421,596.00 MS 04-0015 base-Map Fee 001600 9606 50.00 MS 04-0015 DA fee DA9 001140 9140 926.92 T1�ust Fu'n_d _81.9.8.0.0__800 11000.00 826800 x, 190:00 000682 9105 2,500:00 Explanation. TOTAL $ DEPOSIT Deposit'consists of the following items COIN and CURRENCY $ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR-AUDITOR-CONTROLLER USE.ONLY DEPOSIT �y PERMIT DP f'{ - NUMBER ti DATE The amount,of.money described above is for ,geasurees r c t of above am Receipt of above amount is hereby acknowledged. deposit ihto'the County Treasury Slgned `l �t 'E,f $ `"7t.a ?.iDate K0 P . F' 4 Signed:. Signed: P Tkle: rrrifX EXT. � � Deputy County Auditor Deputy County Treasurer D-34'Rev:(7-93) j: 0649-9665/ 112300: G1220375, $1,550.00, M505-0005, Map Check Fee, Tice Valley 2321 LLC, 2952 Dorothy Dr., Pleasant Hill, CA 94523 0649-9665/ 112300: G1220376, $2,224.00, SD 05-8967, Landscape Imp Plan Review, O'Brien Land Co, LLC, 950 Tower Lane, Suite 1250, Foster City, CA 94404 0649-9665/ 112300: G1220378, $500.00, RS 3176, Record of Survey Review, Mortensen Roofing & Gutters, 4010 Folsom Ct., CA 94520 0649-9665/ 112300: G1220379, $70,062.00, SD07-08970, Plan Check, Shapell Homes, 100 North Milpitas Blvd., Milpitas, CA 95035 0649-9665/ 112300: G1220380, $1,900.00, Sub 8939, Final Map Check, Braddock & Logan Group III, LP, 4155 Blackhawk Plaza Cir, #201, Danville, CA 94506 0649-9665/ 112300: G1220381, M5 04-0015, Ben Simhayof, 4340 Walnut Blvd., Walnut Creek, CA 9459 $1,000.00, Plan Check Deposit $6,630.00, Inspection Deposit 0649-9665/ 112300: G1220391, $5,000.00, F50700086, Fee for Service, Continental Pursuits, LLC, 35 North Fourth St, 4th Floor, Columbus, OH 43215 8 �8O:Q-Q800:-G =2=208=110(30:QQ;SMS O4-0015, Cash Bond, Braddock & Logan Group III, LP, 4155 Blackhawk Plaza Cir, #201, Danville, CA 94506 828600-0800: G1220870, $190.00, Sub 8755, WCCNTRA RS-68, Additional Traffic Fees, KB Home South Bay, Inc., 6700 Koll Center Pkwy, Suite 200, Pleasanton, CA 94566 0682-9105: G1220869, $2,500.00, 54 00025, SR4BP, Albert D. Seeno Const. Co, PO Box 4113, Concord, CA 94524-4113 VQID AFTER 5/6/07 3/22/07 47.00 04-0015 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 p•, 'r+lli�i+� 's �dsr"� COUK� Date: 3/22/2007 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. 04-0015 WALNUT CREEK 98009 Parcel#: 180-321-006-9 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 2006-2007 tax lien has been paid in full. Our estimate of the 2007-2008 tax lien, which became alien on the first day of January, 2007 is $12,600.00 This tract is subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 45 days from the date of this letter, unless this letter is accompanied with security approved by the Contra Costa County Tax Collector Subdivision bond must be presented to the County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. WILLIAM J. POLLACEK, Treas er-Ta C II ctor By: COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ, CALIFORNIA TO THE TREASURER: RECEIVED FROM TREASURER - TAX COLLECTOR'S DEPARTMENT ORGANIZATION NUMBER 0015 (Organization) 625. Court Street., Room 100; Martinez, CA 94553 (For Cash Collection Procedures, see County Administrator's Bulletin 105.) �.DESCRIPTION, X. FuND/bR6.:SUB] ddt' Nti'viTAMOUNT,,""` SUBDIVISION GUARANTEE 831400 0803 12,600.00 EXPLANATION: TOTAL DEPOSIT 1$ 12,600.00 Review required by Contra Costa County Deposit consists of the following items: Tax Collector after* . . . . . . . . . 05/07/07 COIN and CURRENCY $ Subdivision Tax Guarantee Tract/MS . . . 04-0015 CHECKS, M.O.,etc. $ Used to pay taxes for the fiscal year . . . . 2006-2007 BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT NUMBER AND DATE e' mount of money est-ribed-abqy.e is for Treasurers receipt of above amount Receipt of above amount is hereby �cioe_C &t-into is proved. acknowledged. 07 D P" County-Auditor Deputy County Treasurer Susan_� 3AE p Signature Date Account Clerk-Advanced 7-2830 Title Extension Signature Signature TITC D-34REV.(7-93) TITC Form Date: 08/25104 Subdivision:/ut6 0'4 — 1, Bond No.: 569402S Premium: $)340.00 FOr 2 Yrs. Any claim under this Bond should be sent tope 81omrg,OYesl9725 Irvine, `CA: 92623 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance,Guarantee and Payment) (Gov.Code,§§66499-66499.10) 1. RECITAL OF SUBDIVISION AGREEMENT. TWdncipal has executed an agreement with the County of Contra Costa(hereinafter"County")to install and pay for street,drainage and other improvements in Subdivision WN (Y-bs specified in the Subdivision Agreement,and to complete said work within the time specified for completion in the Subdivision Agreement,all in accordance with State and local Laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said subdivision. Under the terms of the Subdivision Agreement, Principal is required to furnish a bond to secure the faithful performance of the Subdivision Agreement and payment to laborers and matedalmen. (f� c �''� 2. OBLIGATION. Jen J[m h���' -- 1 1. S h M-f, Pers C as Principal,and Indemnity Company of California ,a corporation organized and existing under the laws of the State of California and authorized to transact surety business in California,as Surety,hereby jointly and severally bind ourselves,our heirs,executors, administrators,successors and assigns to the County of Contra Costa,California to pay it: 1, (A. Performance and Guarantee) _Oe_ �t ✓lu VWK Dollars($ for itself or any city assignee under the above Subdivision Agreement. (B. Payment)M,(L"\_ 1"\Oyac&'e 1 w�ft_ok Dollars($ �A(/ TO 0 b )to secure the claims to which reference is made in Title XV(commencing Wh Section 3082)of Part 4 of Division 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 Section 2.(A)above is such that if the above bounded Principal, his or its heirs,executors,administrators, successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenants,conditions and provisions in the said agreement and any alteration thereof made as therein provided,on his or their part,to be kept and performed at the time and in the manner therein specified,and in all respects according to their true intent and meaning,and shall indemnify and save harmless the County of Contra Costa(or city assignee),its officers,agents and employees,as therein stipulated,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. As part of the obligation secured hereby and in addition to the face amount specified therefor,there shall be included 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,and to be taxed as costs and included in any i judgment rendered. B. The condition of this obligation,as to Section 2.(B)above,is such that said Principal and the undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all contractors,subcontractors,laborers,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 thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to this work or labor, and that the Surety will 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 included in the judgment therein rendered. - It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies,and corporations entified to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed,then this obligation shall become null and void;otherwise it shall be and remain in full force and effect. C. No change,extension of time,alteration,or addition to the terms of said Subdivision Agreement or the work to be performed thereunder or any plan or specifications of said work,agreed to by the Pdncipal and the County 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 2819 and holds itself bound without regard to and independently of any action against the Principal whenever taken. SIGNED AND�SEALED on March 15 ,2007 Principal: Q �!`� N Y /� surety: Indemnity Com ny California Address: q 4 0 � PL W14LJ T L V)D Addr ss: P.O. Box15,f"Irvine, CA 92523 .w A I, -,Q h �"I ZiQ: Zip: a a:: n - n- act B : B : Print Name: ;^�C— Print Na C Title: OzAJAf6sj- Title: t�-- [Note:All signatures must be acknowledged. For corporations,two officers must sign. 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.)] Form Approved by County Counsel [Rev.9/03] H:\FinaRPUSubAgimpSecBond.9.03.wpd CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT S STATE OF CALIFORNIA COUNTY OF CONTRA COSTA ON P l Lt-E j ) , 2007,before me, ��`}- rA.J A Notary Public in and for said State,personally appeared ,IS(M 11)1? o54 "—r H*.CSCZ4_ e (or proved to me on the basis of satisfactory evidence)to be the person(s) whose name(s)mare subscribed to the within instrument and acknowledged to me thate/they executed the same in r/their authorized capacity(ies) and that by /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. c Signatu Notary Public My Commission Expires: 2-- 2 1 DEBRA MgNGINI ComrNssion# 1647040 io Notary Public-California My contra o n n.Expires Feb 2 201 Cc Place notary seal above OPTIONAL Though the information in this section is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description-of-Attached-Document Title or Type of Document: Document Date: Identifying No.: No.of Pages: Signer(s)or Issuing Agency:. Capacity Claimed by Custodian ❑ Individual ❑ Corporate Officer—Title: Top of.thumb here ❑ University or School Officer—Title: ❑ Governmental Officer or Agent —Title: ❑ Business Proprietor or Manager ❑ Attorney ❑ Trustee ❑ Other: Custodian Is Representing: STATEOF CALIFORNIA COUNTYOF SACRAMENTO On 3/15/2007 before me, ERIN RUSSELL, NOTARY PUBLIC (here insert name and title of the officer),personally appeared SANDY BLACK personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. 1 ERIN RUSSELL Signature (SEAL) NOTACRYPUBLIC-CALIFORNIA ® SACRAMENTO COUNTY COMM.EXP.SEPT.18,2007-4 This area for Official Notarial Seal OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OF TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED �/, ❑ GENERAL L'J ATTORNEY-IN-FACT NUMBER OF PAGES ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER:_ DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S)OR ENTITY(IES) INDEMNITY COMPANY OF CALIFORNIA SIGNER(S)OTHER THAN NAMED ABOVE ID-1232(REV,12105) ALL-PURPOSE ACKNOWLEDGEMENT POWER OFATT'ORNEY FOR DEVELOPERS SURETY AND INDEMNITYCOMPANY INDEMNITY COMPANY OF CALIFORNIA PO 13OX 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY TFIESF PRESENTS,that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***Sharon J. Rusconi, Sandy Black, Erin Russell, jointly or severally*** as their true and lawful Attorneys)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,binds,undertakings and contracts 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 full power of substitution and revocation,and all of the acts of said AItorncy(s)-in-Fact•pursuant to these presents,are hereby ratified and confirmed. phis Power of Attorney is granted and is signed by facsimile tinder and by authority of the following resolutions adopted by the respective Board of Directors of DE.VELOPF'.RS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of November I,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 ofAuornev,qualifying the attorneys)named in the Powers of Aturncy 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 attest the execution of any such Power of Attorney; 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 future with respect to any bond,undertaking of contract of suretyship to which it is attached. IN WITNESS WHEREOF,DF..VELOPFRS 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 st clay of December, 2005. By: ���„ANO ., MPAN V O David H.Rhodes,Executive Vice-President '.O.PORgT:F�;;' �G�PPOR -'� OCT.5 a 10 a0? w 1967 � By; 1 9 3 6 Walter A.Crowell,Secretary ,,q�•. /OWp ,�L /F P STATE OF CALIFORNIA COUNTY OF ORANGE.. On December I,2005 before me,Gina L.Gamer, Notary Public(here insert name and title of the officer), personally appeared David H.Rhodes and Walter A.Crowell,personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose names)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislier%their authorized capacity(ics),and that by his-'hcr,%their signatures)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. GINA L.GARNER COMM.# 1569561 �s7 Signature (SEAL) 3 NOTARY PUBLIC CALIFORNIA ORANGE COUNTY My comm.expires May 13,2009 CERTIFICATE. The undersigned,as Assistant Secretary,of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney,are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine,California,the]�_day of 2-00 By Albert Hillebrand, Assistant Secretary I D-1330(Rev. 12/05)