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HomeMy WebLinkAboutMINUTES - 05152007 - C.5 r '(®, Contra TO: BOARD OF SUPERVISORS f/ FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR , n z Costal 5 DATE: May 15, 2007 <p <P~��o4 SrA aosx County SUBJECT: Approve the Final Map and Subdivision Agreement for Subdivision 97-08100, for project being developed by John S. Herrington, Walnut Creek area. (District IV) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2007/ 4' C" for Subdivision 97-08100, approving the Final Map and Subdivision Agreement, for project being developed by John S. Herrington, Walnut Creek area. (District IV) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The applicants have satisfied all of their conditions of approval. CONSEQUENCES OF NEGATIVE ACTION: The Final Map will not be recorded/ Continued on Attachment: ✓ SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE AZAPPROVE OTHER SIGNATURES ACTION OF BO ON Zf�t — APPROVED AS RECOMMENDED OTHER VO OF SUPER ISORS UNANIMOUS(ABSENT� ) I hereby Certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. Originator:Public Works(ES) Contact: S.Gospodchikov(313-2316) - KD: z ATTESTED: /y �W ox — G:\EngSvc\BO\2007\05-15\BO-21 SD 97-8100.doc cc: Public Works—Construction JOHN CULLEN, CVrk of the Board of Current Planning,Community Development T—March 15,2009 Supervisors and County Administrator John S.Herrington 160 Alderwood Road Walnut Creek,CA 94598 Western Insurance Company 580 E.Plumb Lane By , Deputy Reno,NV 89502 Old Republic Title Company 2001 North Main Street,Suite 500 Walnut Creek,CA 94596 A[hu Dawn Cabral THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 15, 2007 by the following vote: AYES: Gioia,Uilkema, Bonilla, Glover and Piepho NOES: None ABSENT: None ABSTAIN: None -I ) - RESOLUTION NO. 2007/ 0l�0 3 SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 97-08100,for project being developed by John S. Herrington, Walnut Creek area. (District IV) The following documents were presented for Board approval this date: I. Map The final map of Subdivision 97-08100,property located in the Walnut Creek area, Supervisorial District N, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with John S.Herrington,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 Originator:Public Works(ES) Contact: S.Gospodchikov(313-2316) taken and entered on the minutes of the Board of Supervisors KD:vz on the date shown. G:\EogSvc\F4O\2007\05-15\BO-21 SD 97-8100.doe cc: Public Works—Construction Current Planning,Community Development T—March 15,2009 � � �� John S.Herrington ATTESTED: 160 Alderwood Road JOHN CULLEN, Cl of the Board of Supervisors and Walnut Creek,CA 94598 Western Insurance Company County Administrator 580 E.Plumb Lane Reno,NV 89502 Old Republic Title Company 2001 North Main Street,Suite 500 Walnut Creek,CA 94596 By J ,Deputy Atm:Dawn Cabral RESOLUTION NO.2007/ o2G3 SUBJECT: Approving the Final Map and Subdivision Agreement for Subdivision 97-08100, for project being developed by John S. Herrington, Walnut Creek area. (District IV) DATE: May 15, 2007 PAGE: 2 A. Cash Bond Performance amount: $1,177.00 Auditor's Deposit 'Permit No. 477971 Date: February 8, 2007 Submitted by: John S. Herrington Tax ID Number: 573-40-6614 B. Surety Bond Bond Company: Western Insurance Company Bond Number: MDC20040 Date: January 23, 2007 Performance Amount: $116,523.00 Labor & Materials Amount: $58,850.00 Principal: John S. Herrington 11. 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 $4,200.00, with security guaranteeing payment of said tax lien as follows: e Tax Surety Auditor's Deposit Permit: 476806 Date: January 18, 2007 Amount: $4,200.00 Submitted by: John S. Herrington 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. c RESOLUTION NO. 2007/-?O�Y i SUBDIVISION AGREEMENT (Gov.Code,§§66462 and 66463) Subdivision: 1` 18��� 11 Effective Date: Subdivider: Jyllny� S. Herr,nn-b,r�, Completion Period: 2. )L2"5 THESE SIGNATURES ATTEST TOTHEPARTIES'A EEMENTHERETO: CONTRA COSTA COUNTY SUBDIVIDE Maurice M.Shiu,Publif Works Director _IQY By: ul) J Ati � 1 Pd Nae t N cif (= y2 a c ref 6 TO 1\/ RECOMMENDED FO AL: Print n Lk t-A E_2 By: 4W dA w� Print Name ngmeenng Services Division Print Title FORM APPROVED: Sllvano B,Marchesl,County CounselN( OTE:AII 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,orvice-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 ) oxt�Rtn- c,5-1� ) Be. C County of ) ,�'L,, C p y On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for V J• I�Q��'O 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 thathelshellhey executed the same in hislherftheir authorized capacity(ies),and that by his/her/their signatures)on the instrument the person(s),or the entity upon behalf of which the persons)acted, executed the instrument WITNESS my hand and official seal. DAWN M. CABRAL Dated:�J_MJ 1-0 Comm.#1451523 (� NOTARY PUBLIC-CALIFORNIA Notary Public Contra Costa County (Notary Seal) �1 kly Comm Expires Nov.1 ,2007 1. PARTIES&DATE.Effective on the above dale,the County of Contra Costa,California,(hereinafter'County*)a nd 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,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 California Subdivision Map Act(Gov. Code,§§66410 et.seq.)in a goad 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: A, For Performance andGuaranfee:`$ 7 Zoo cash,plus addifonalsecurity,inthe amount of$ 114 523 r^awhichtogethertotalonehundred percent(100%)of the esdmaled cost of the Work. Such additional security Is presented in the form of: Cash,certfied check or cashier's check. Acceptable corporate surety bond. Acceptable irrevocable letter of credit. With this security,Subdividerguarantees performance underthis Agreement and maintenance of the Work for one year after its completion and acceptance against any detective workmanship or materials or any unsatisfactory performance. / B. For Payment: Security in the amount:$ 58 85d,Z4which 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, fRev.91031 Page I of 2 oil ' �� a: It y Iasi 6 a0 a � ` � jia � ) t 11 a tun =5 �WoLUa o oHal affi nWN� w � uWxF�v ® LL33 W Wp� W� < a $ f , s R I I pigImit le < � < Y jig �e < i < sgo # X1111 '011 pill Ms 1 0 ` $ l 7V vein_ o Q Q 50'54 1 111 am gQ7X® a �py� � en�jo r cbwao9eas� O�M '8 ����� Aa 1txrt¢vM iII1 Jar�E.Sa9ytmaQ ' - n 41, 9(- ISAOO-C 3 u � -NJA .TCMY91X.6TS AWNS, W/A LLILLLLLULI)It it AW lo yn� M 1 •bi A5'4f "' - r:£12t -- Ty- hy1�NCfl= $6 -T6� J ggg lit a ,48'QZt3.TS,YYe6iN $ /•"d'+ �I� a Q S / lYlpl TS'fiSi 3.tS.LL.6TN �o a TToii n p "l R $ ,� « eY el V) Ln ..i a � � � � 'vim ET'TST B.TSZUGIN � � ,`�.. � N1A1 JIO'6SI 3,SSi2Lo8TN � d one Lol: d till Y w U Lou ~ 1 ! ; � $ S� �^I au 1 .» :7 » I d d i I , 91 dc LU f ' '�-- ' I i L 3.iSZ2.6tNMOTT- t SB'86T r '96i JIO'06 ^- Am i IYJdZL A0.00E 3TUMIN 3.i5.'CLa6t►d Ltuzd"N H (WNIVJHIVM 1.1rif/0J J.01d-WO'tl uvAnw) a V o a a O o M 3 a 1 V LW1 (TEifS16Y)tb[t n OL (Zomo—rooz) SVI'e M*OA (oar N*o **QL) (96ZLL£-bOOZ) �. 1HO18M SNO"SZ1.0 OHOAVS3 COUNTY OF CONTRA COSTA 4 DEPOSIT PERMIT f I OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ, CALIFORNIA rHE TREASURER: 't xECEIVED FROM Public Works ORGANIZATION NUMBER 650 (For Cash Collection Procedures See County Administratofa Bulletin 105.) E DESCRIPTION FUND/ORO SUB TASK OPTION ACTIVITY AMOUNT ACCT $ Inv 912557 Otility 00065.1 9105 REV 6LO82E 7,173.41 Trust Fund 819800 0800 17,276.00 000648 9140 1 567336.80 { 000649 9665 181894:00 } Explanation: TOTAL $,.:. DEPOSIT Deposit cgnsists of the following Items COIN and CURRENCY `• 4,.•_ CHECKS,M.O.,ETC. $ BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSITr. PERMIT DP NUMBER DATE ASSIGNED The amount of money described above is for easurer's receipt of above amount is Receipt of above amount Is hereby acknowledged. pos n o e ountyTreasury k « SI, e f .: Imate t("{ti;[[ Signed: Signed: rills, iTa-j..'�,hv° EXT "'3i +' ,�,.;'+, F^-: Da Cwn Audibr Deputy County Treasurer r 819800-0800: 61220359, $1,177.00, SD 8100, Cash Bond, John 5. 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: G1220343, $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: G1220350, $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 945.9 r O O M@�DC20040 Premium: I4a nn Any claim under(his Bond should be sent t the follmmg address' M.B. McGowan & Associates2ptran e A enc Inc. 7250 Redw v 10 _.NovatoA; 4 45 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT - - (Performance,Guarantee and Payment) ,(Gay.Code,§§56499.66499,10) 1. RECITAL OF SUBDIVISION AGREEMENT. The Principal has executed an agreement with the County of Contra Costa(hereinafter'County")to install and pay for street,drainage and other improvements in Subdivision b I QU as specified in the Subdivision Agreement,and to complete said work within the time specified for completion in the Subdivision Agreement,all In accordance with State and local laws and rulings thereunder in order to satisfy conditions for riling of the Final Map or Parcel Map for said subdivision. Under the terms of the Subdivision Agreement,Principal is required to lumish a bond to secure the faithful performance of the Subdivision Agreement and payment to laborers and materialmer. 2. OBLIGATION. John Herrington as Principal,and Western Insurance Company .a corporation organized and existing under the laws of the Slate of Nevada 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 One Hundred Sixteen Thousand Five Hundred Twenty Three and 00/100 (A. Performance and Guarantee) Dollars(S 116,523.00 )for itself or any city assignee under the above Subdivision Agreement. Fift Eight Thousand Eight Hundred Fifty and 00/100 (B. Payment Dollars o 58,850.00 1 to secure the claims to which reference is made in Title XV(commencing with Section 3082)of Part 4 of Division III of the Civil Cade of the State at Caffamia. 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 indemnity 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 atlomeys fees,incurred by the County of Contra Costa(or city assignee)in successfully enforcing such obligation,and to be faxed as costs and included in any 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 soft is brought upon this bond, will pay,in addition to the lace 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 laxed 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 entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the 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 Principal and the County of Contra Costa(or city assignee)shall relieve any Surety from lability on this bond;and consent is hereby given to make such change,extension of time,alteration or addition without further notice to or ionsent by Surety;and Surety hereby waives the provisions of Civil Code Section 2819 and holds itself bound without regard to and independently of any aclion against the Principal whenever taken. SIGNED AND SEALED.. January 23 ,20 07. Pnncioal: John Herrington surety: Western Insurance Company Address 160 d Rl Address 580 E. Plumb Lane Walnut Cre k CA zip 94598 Reno NV zip: 89502 Prim NIZ John Herrin PrihlName Debbie L. Welsh Title: CU rAgos_ Title: Attorney-in-Fact (Note:All signatures m t be acknowledged. F s,two officers must sign. The first signature must be[hal of the chairman of the board,president,of vice-president,the ac signature sl that of[he secretary, Island secretary,chief financial officer,or assistant treasurer.(Civ.Code,§1190 and Corps.Code,§313.)) f Form Approved by County Counsel )Rev.9103] V.JTMSuhAgingseceond 9 el upd g 1 \ CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of CALIFORNIA ) County of MARIN ) On January 23, 2007 before me, DONNA J. FROWD, NOTARY PUBLIC (here insert name and title of the officer) personally appeared DEBBIE L. WELSH personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons}whose names) i0= subscribed to the within instrument and acknowledged to me that he/shekhey- executed the same in kris/herA4ek authorized capacity(4&&), and that by**her/";:- signature(&) on the instrument the person(s), or the entity upon behalf of which the person(sj acted, executed the instrument. DONNA JFROWD WITNESS m hand and official seal.Y COMMdr�,,t-� �9a NCTAZY FUS11S. A!IFORNIA !?:y Ccrr._sa,_s October 22.2009 J Signao of Notary Public (Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any aclurowledgment completed in California must contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears above in the nomy section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances,any ahernmive (Title or description of attached document) acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. certh,ing the authorized capacity of the signer). Please check the (Title or description of attached document continued) document carefully for proper notarial wording and attach this form if required. Number of es Pa Document Date • State and County information must be the State and County where the document Pages signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which must also be the same date the acknowledgment is completed. (Additional information) • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. El Individual(s) he/she/they,is/are)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording. ❑ Corporate Officer - The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges,re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) • Signature of the notary public must match the signature on rile with the office of the county clerk. fR Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. ❑ Other eeIndicate title or type of attached document,number of pages and dale. te Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). Securely attach this document to the signed document CAPA 02.10.05 V by Association of Professional Nomiies S CSA%((4X73-9865 tvrvtc.nomrcclassa.com WESTERN INSURANCE COMPANY 306718 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That WESTERN INSURANCE COMPANY,a corporation organized and existing under the laws of the State of Nevada and having its principal office at the City of Reno,in the State of Nevada,does hereby constitute and appoint Michael B.McGowan,Donna L.Welsh,Debbie L.Welsh,Michelle Sweeney,Susan J.McGowan,Donna J.Frowd,William P.McGowan Of the STATE OF NEVADA its true and lawfiil Attomey(s)-in-Fact,each in their separate capacity if more than one is named above, to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings,contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons;guaranteeing the performance of contracts;and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof,the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal,duly attested by the signatures of its President and Secretary,this 19th day of June,2006. WESTERN INSURANCE COMPANY (Signed)By w SEAL President (Signed)By olwG (•7 4�4 PF Secretary STATE OF NEVADA) SS: COUNTY OF WASHOE) On this 19'h day of June,2006,before me personally came DICK L.RO PRESIDENT of the WESTERN INSURANCE COMPANY and CAROL B.INGALLS,SECRETARY of said y,with both of whom I am personally acquainted,who being by me severally duly swom,said,that they,the T�C .ROTTMAN and CAROL B.INGALLS were respectively the PRESIDENT and the SECRETARY of the said INS E COMPANY, the corporation described in which executed the foregoing Power of Attorney,that they a the seal o oration;that the seal affixed to said Power of Attorney was such corporate seal,that it was so sd by der of the$p 4 irectors rAsaid corporation,and that they signed their names thereto by like order as PRESIDENT CRETARiiep vely,of zq�taeny. My Commission expires th��� July,2009.0 1`♦ ................................. ........... ��,Q CLOVIA L LEHTO gned) No Pobllc-State of 1L avla L.Lehto Notary Public "c°ow,wn°.ar°.a t..................................................... 1�:1100 This Power of Attorney is grante t y,$-1hd by authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE COMPA on June 19,2006. RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings, contracts and other instruments relating to said business may be signed,executed,and acknowledged by person or entities appointed as Attomey(s)-in-Fact pursuant to a Power or Attorney issued in accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman,or the President,or a Vice President,jointly with the Secretary,under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attomey(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and,unless subsequently revoked and subject to any limitations set forth therein,any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached RESOLVED,that Attomey(s)-in-Fact shall have the power and authority,unless subsequently revoked and,in any case, subject to the terms and limitations of the Power of Attorney issued to them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I,CAROL B.INGALLS, Secretary of the WESTERN INSURANCE COMPANY,do hereby certify that the foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on June 19,2006 and that this Resolution is in full force and effect. I,the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of Attorney is in full force and effect and has not been revoked. In Testimony Whereof,I have hereunto set my hand and the seal of the WESTERN INSURANCE COMPANY on this 23rd dayof January 2007 &-Coed t" Aw Secretary SEAL 0 0 No. 07636 STATE OF CALIFORNIA DEPARTMENT OF INSURANCE SAN FRANCISCO Certificate of Authority THIS IS TO CERTIFY, That, pursuant to the Insurance Code of the State of California, Western Insurance Company of Reno, Nevada, organized under the laws of Nevada, subject to its Articles of Incorporation or other fimdamental organizational documents, is hereby authorized to transact within this State, subject to all provisions of this Certificate, the following classes of insurance: Surety as such classes are now or may hereafter be defined in the Insurance Laws of the State of California. THIS CERTIFICATE is expressly conditioned upon the holder hereof now and hereafter being in fitll compliance with all, and not in violation of any, of the applicable laws and lawful requirements made tender authority of the laws of the State of California as long as such laws or requirements are in effect and applicable, and as such laws and requirements now are, or may hereafter be changed or amended. IN WITNESS WHEREOF, effective as of the 20th day of September, 2002, I have hereunto set my hand and caused my official seal to be affixed this 20th day of September, 2002. Fee $3116.00 Harry W. Low Insurance Commissioner Rec. No. Filed 3/25/02 By Victoria S. Sidb-ry for Steven Greeny Certification Deputy Insurance Commissioner I, the undersigned Insurance Commissioner of the State of California, do hereby certify that I have compared the above copy of Certificate ofAuthority with the duplicate of original now on file in my office, and that the same is a full, true, and correct transcript thereof, and of the whole ofsaid duplicate, and said Certificate ofAuthority is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and caused my official seal to be affixed this 14th day of November, 2005 . John Garamendi insuran�ce Commissioner � By P p ✓`,is`"n„"'"""' Pauline D'Andrea CERTIFICATE OF ACKNOWLEDGEMENT State of California,\County of Contra Costal ss. On �—(/ V �V1c �� before me, Karen K. Piona, Notary Public personally appeared WPsonally known tome roved to me on the basis of satisfactory evidence. to be the person whose name(,4is/V6 subscribed to the within instrument and acknowledged to me that he/s e/tley executed the same in his /t4eff*authorized capacityjiegf and that by his/her/thpd'2gnature�4 on the instrument the personK,, or the entity upon behalf of which the personK acted, executed the instrument. �. KAREN K. PIONA COMM. 1474136 WITNESS my hand and official seal. NOMAYPUBLIC-CALIFORNIA CONTRA COSTA COUNTY .m My Comm.Expires Mar.2,2QOs it Karen K. Piona Seal Description of Attached Document Document Date: Number of Pages: Signer(s) other than named above: Capacity(ies) claimed by signer: Right Thumb Print ❑ Individual ❑ Corporate Officer - Title(s) ❑ Partner- Limited - General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: INOID AFTER W 2/26%07,8 �. 1/12/07 OLD$47.00 8100 Tax CollectcA'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 -.. fig,.s. _..:o osrq c-oii'fi Date: 1/12/2007 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. 8100 WALNUT CREEK 98001 Parcel#: 148-270-054-7 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 $4,200.00 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. POLLACE , Treas rer- x C let r B1. { COUNTY OF CONTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER MARTINEZ, CALIFORNIA f I 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.) a DESCRIPTION ti �' FUND/ORG SUBsACCT� TASK OPTION ACTIVITY: AMOUNT t 5 , SUBDIVISION GUARANTEE 831400 0803 4,200.00 EXPLANATION: - TOTAL DEPOSIT $ 4,200.00 Review required by Contra Costa County Deposit consists of the following items: Tax Collector after 03/04/07 COIN and CURRENCY $ Subdivision Tax Guarantee Tract/ MS . 8100 CHECKS, M.O.,etc. $ Used to pay taxes for the fiscal year 2007-2008 BANK DEPOSITS $ JOHN HERRINGTON FOR AUDITOR-CONTROLLER USE ONLY 160 ALDERWOOD RD DEPOSIT PERMIT NUMBER AND DATE WALNUT CREEK CA 94598 , E J'AN 'D S T7 925-933-6021 T a ount of moray descri5' lab is for easurer's receipt of above amount Receipt of above amount is hereby dep it intel- Ccu pRroved. acknowledged. susan Chavez DeputX aunty Ati itor eputy County Treasurer Signature Date Account Clerk-Advanced 7-2830 Title Extension Signature Signature T/TC D-34REV.Q7 93) TFrC Form Date: 08125/04