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MINUTES - 06172008 - C.25
TO: BOARD OF SUPERVISORS -� sE ` = Contra FROM: JULIA R. BUEREN, PUBLIC WORKS DIRECTOR ` . � ailiih`y z Costa DATE: June 17, 2008 '' OgTA COUPP ,GA County SUBJECT: Approve the Parcel Map and Subdivision Agreement for Minor Subdivision 06-00013, Alamo area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2008/ for Minor Subdivision 06-00013, approving the Parcel Map and Subdivision Agreement, for project being developed by James and Katherine Crist and Stuart E. and Wendy P. McPherson, Alamo area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Public Works has reviewed the conditions of approval for Minor Subdivision 06-00013 and has determined that all conditions for Parcel Map recordation have been satisfied. CONSEQUENCES OF NEGATIVE ACTION: The Parcel Map and Subdivision Agreement will not be recorded. Continued on Attachment: �� SIGNATURE: _ ECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE! : rPROVE THER SIGNATURE (S): ACTION OF BO ON .J i1 /7 APPROVED AS RECOMMENDED &7:_014ER I hereby certify that this is a true and correct VOTE OF SUPERVISORS copy of an action taken and entered on the UNANIMOUS(ABSENT ) minutes of the Board of Supervisors on the AYES: NOES: date shown. ABSENT: ABSTAIN: TRJc ATTESTED: © (0 O G:\EngSvc\BO\2008\06-17\MS 06-00013 BO-21 FORM.docx JOAN CULLEN, Cl k of e Board of Originator: Public Works(ES) Contact: T.Rie(313-2363) Supervisors and County Administrator cc: Public Works—Construction Current Planning,Community Development T—April 17,2009 James and Katherine Crist 810 Bruce Drive By , Deputy Palo Alto,CA 94303 Indemnity Company of California 2999 Oak Road,Ste.,420 Walnut Creek,CA 94597 Attn:Nancy Ferguson and David Crain THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on June 17, 2000b the following vote: P PHO BONILILA&GLOVER AYES: GIOIA, UILKEMA, PIEPHO, NOES: NONE I ABSENT: NONE i ABSTAIN: NONE -----_-- RESOLUTION NO. 2008/ Y07 SUBJECT: Approving the Parcel Map land Subdivision Agreement for Minor Subdivision 06- 00013, for project being developed by James and Katherine Crist and Stuart E. and Wendy P. McPherson, Alamo area. (District III) The following documents were presented for Board approval this date: I. Map The parcel map of Minor Subdivision 06-00013, property located in the Alamo area, Supervisorial District III, said map having been certified by the proper officials. II. Subdivision Agreement A subdivision agreement with James and Katherine Crist and Stuart E. and Wendy P. McPherson, 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 taken and entered on the minutes of the Board of Supervisors on the date shown. TR:jc a G:\EngSvc\BO\2008\06-17\MS 06-00013 BO-21 FORM.docx Originator: Public Works(ES) Contact: T.Rie(313-2363) ATTESTED: d o cc: Public Works—Construction JOHN CULLEN,Clerk of the board of Supervisors and Current Planning,Community Development T—April 17,2009 County administrator James and Katherine Crist 810 Bruce Drive Palo Alto,CA 94303 Indemnity Company of California By ,Deputy 2999 Oak Road,Ste.,420 Walnut Creek,CA 94597 Attn:Nancy Ferguson and David Crain RESOLUTION NO.2008/ yQ SUBJECT: Approving the Parcel Map and Subdivision Agreement for Minor Subdivision 06- 00013, for project being developed by James and Katherine Crist and Stuart E. and Wendy P. McPherson, Alamo area. (District III) DATE: June 17, 208 PAGE: 2 A. Cash Bond Performance amount: $1,000.00 Auditor's Deposit Permit No. 498935 Date: March 6, 2008 Performance amount: $500.00 Auditor's Deposit Permit No. 50462 Date: June 3, 2008 Submitted by: James M. Crist B. Surety-Bond Bond Company: Indemnity Company of California Bond Number: 722184S Date: May 2, 2008 Performance Amount: $150,600.00 Labor&Materials Amount: $75,300.00 Principal: James and Katherine Crist and Stuart E. and Wendy P. McPherson 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 2008-2009 tax lien, which became a lien on the first day of January 2008, is estimated to be $27.300.00, with security guaranteeing payment of said tax lien as follows: • Tax Surety Financial Institution: Indemnity Company of California Bond Number: 722185S Date: April 28, 2,008 Amount: $27,300,00 Submitted by: James Crist and Stuart E. McPherson NOW, THEREFORE, THE FOLLOWING IS RESOLVED: L . That said subdivisi In, 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 publics use. 3. That said subdivision agreement is also APPROVED. All deposit permits are on file with the Public Works Department. • o 0 H z a o z � d w OmW<aw p a 0 r Z0 Q N H z.w' a z } mo w o U m p'. d �pN m' t.wa N oa m W zw o:zz oo- aw o U z'N�arwvi CO o� 0 a2 . omzJ 3arn W o�N�a30o 1NoUo <.Q zo ¢oWN zOaqN ox'w �� Fio OE<oLn I " ? 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Zpp �O ® � ph !or¢ I N11n�, 1 FSO wo � �6FGd� I 1\ I uQWN oNZO ZJp C= �inooa I Subdivision: MS 06-0013 Bond No.: 7221845 Premium: $4,518.00 Any claim under this Bond should be sent O t2,g�orOinq address:Rd., #420 Wyaylnu t Creek, CA 94597 IMPROVEMENT SECURITY BOND FOR SUBDIVISION AGREEMENT (Performance,Guarantee and Payment) (Gov.Code,§§66499-66499.10) 1. RECITAL OF SUBDIVISION AGREEMENT.The Principal has executed an agreement with the County of Contra Costa(hereinafter"County')to install and pay for street,drainage and other improvements in Subdivision as specified in the Subdivision Agreement,and to complete.said work within the time specified for completion in .the Subdivision Agreement,all in accordance with State and local laws and rulings thereunder in order to satisfy conditions for riling of the Final Map or Parcel Map for said subdivision. Under the terms of the Subdivision Agreement,Principal is required to furnish a bond to secure the faithful performance of the Subdivision Agreement and payment to laborers and materialmen. *MS 06-0013 1 2. OBLIGATION. James Crist and Stuart McPherson as Principal,and Indemnity Company l of California ,a corporation organized and existing under the laws of the State of California and authorized to transact surety business in California,as Surety,hereby jointly and severally bind ourselves,our heirs,executors, administrators,successors and assigns to the County of Contra Costa,California to Ipay it One Hundred Fifty Thousand, (A. Performance and Guarantee) Six Hundred & no/100 — — Dollars($ 150,600.00 )for itself or any city assignee under the above Subdivision Agreement > P (B. Payment)Seventy—Five Thousandl, Three Hundred — Dollars($ 75,300.00 )to secure the claims to which reference is made in Title XV(commencing with Section 3082)of Part 4 of Division III of the Civil Code of the State of California. 3, CONDITION, This obligation is subject to the foil Ing 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;othenwlse 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 Costi,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 suit is brought upon this bond, will pay,in addition to the face amount thereof,costs and reasonable expenses and fees,including reasonable aiomey'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 entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil lode,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 ad dition 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 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 May 2 20 08. Indemnity Qbmpany of-)California gulp- Principal: James Crist and Stuart McPherson Surety: 1 Address: 740 Sierra Vista, #C Address ancy F son, orney In Fact Mountain View, CA zip: 94043 29 Oak1 #420. WaInLt geek CA zip: 94597 f Print Name: .J�/FyL.c; f„r r �—�� �jl P C J S T' Print Name: 57U' /-Y O� E'VVV H C C fjoh Title: Title: [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,91031 H:TinanPMubA01rpSecBond.9.03.wpd CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Mateo On May 2, 2008 before me, S. Miller Notary Public, Name of Officer personally appeared Nancy Ferguson Na me(s)of signers) who proved to me on the basis of satisfactory evidence to be the person(&)whose nameW is/al=e- subscribed to the within instrument and ackriowledged to me that he/she44ey executed the same in h+s/her/Their_authorized capacity(ies), and that by-iis/her4h&signature(-0 on the instrument the personal, or the entity on behalf of which the personal acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. S.MINER Commission#1489458 _NAX� � .•� Notary Public-California .. San Mateo County My Comm.Expires Jun 11,2008 Signature of Notary OPTIONAL Though the data below is not regluired 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 J ❑ Individual(s) ❑ Corporate Officer(s) Title(s) Title or Type of Document ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney(s)-In-Fact ❑ Number of Pages Trustee(s) - ❑ Guardian(s)/Conservator(s) ❑ Other: Date of Document Signer is representing: Name of person(s)or entity(ies) Signer(s)other than named above CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California r , , County of Santa Clara On P n 00 before me, Theresa Poon, Notary Public, Date f> personally appeared • A ne„ _ Cy-id, Ka fhe„r iyt e CVrl S k ' Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso (s whose name s' rs/are subscribed to the within instrument and acknowledged to me that i�e%+�chey executed the same in 4i r/their authorized capacit ies and that by kir/their signature ni the instrument the perso (s) or the entity upon behalf of which the perso s) cted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. y • _ THERESA POON COMM.#1663168 oa NOTARY PUBLIC•CALIFORNIA SANTA CLARA COUNTY My Comm.Expires May 2,2010 Notary Seal Notary Signature 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: Ype.,t Vw P S ¢C-fA I,- o ,a 6^r Document Date: `� �1 D I Number of Pages: j al e Signer(s) Other Than Named Above: nLr Capacity(ies) Claimed by Signer(s) Signer's Name: J6i,to, Lri c�7 ��,'�11 e,,- ;N e C)c s� Individual /❑ Corporate Officer Title(s): ❑ Partner-- ❑ Limited ❑ General ❑ Attorney-in-fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 1/1/2008 ACKNOWLEDGMENT State of: CALIFORNIA County of: CoNT RA CosrA On M i L 2L �� , before me, Chris Nicol, NOTARY PUBLIC personally appeared erson who 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 persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. �' 5w"� Notary,RAft -CQ*0a po ca ft costo CW* Mvccx►M Ex +pesnix2o,2009 (Seal) LSignature of Notary Public mission Expires: April 20, 2009 OPTIONAL Description of Attached Document Title or Type of Docume IDUVJ Document Date: Number of Pages: POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623 (949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that as except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint: ***David Crain, Nancy Ferguson, jointly or severally*** as their true and lawful Attomey(s)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Attorney(s)-in-Fact,pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that the chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attomey(s)named in the Powers of Attorney to execute,on behalf of the corporations,bonds;undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of the corporations be,and each of them hereby is,authorized to 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 bindir�upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st,2008. By. *,aSANd/ DP.ANY�� Stephen T.Pate,Senior Vice President U Z.to '10 r n OCT.5 na o c; u3 i987 By. Charles L.Day,Assistant Secretary State of California .,,�rfF� •` County of Orange On January 1st,2008 before me, Christopher J.Roach,Notary Public Date Here Insert Name and Tide of the Officer personally appeared Stephen T.Pate and Charles L.Day Names)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)istare subscribed to the within instr iment and acknowledged to me that he/shelthey executed the same in hislher/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. �- ` I cerury under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is E true and correct. my comm."Ovs Mayr 19,;2t3i1 WITNESS my and and official seal. Place Notary Seal Above Signature � 'y'� Ch' er J.Roach 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,theme day of YW 2 By; Albert Hillebrand,Assistant eaetary ID-1380(Wet)(Rev.07/07) CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Santa Clara 0n a����� _ before me, Karen Choy Singer, Notary Public, U Date personally Y pP eared a < NamF�qf Signe s(n who proved to me on the basis of satisfactory evidence to be the perso s ose namEeis� subs crib o the within instrume and acknowledged to hat he/s the xecuted the same in his/h r/ eir uthorized capacCa ) and that by his/h r/their ignatu e s on the instrument the pers (s or the entity upon bof which the perso (s cted, executed the instrument. < I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing < paragraph is true and correct. WITNESS-my hand and official seal. '< KAREN CHOY SINGER COMM.#1692752 NOTARY PUBLIC•CALIFORNIA SANTA CLARA COUNTY i %t my comm.Expires Oct 7,2010 Notary Seal Notary Signat e 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 z, y Title or Type of Document: /ym Tproye-In 4%`l ?,m r r Por st t bdi fS'r in 41Pp4� ,� '< Document Date: I ©S Number of Pages: f� � Signer(s) Other Than Named Above: 077 1z �' >' Capacity(ies) Claimed by Signer(s) >> > Signer's Name: .JJ/W Clog r 771E;?QJA16-7 eA I S 7— Individual ❑ Corporate Officer Title(s): ❑ Partner-- ❑ Limited ❑ General < ❑ Attorney-in-fact ❑ Trustee ❑ Guardian or Conservator > ❑ Other: Signer is Representing: i 1/1/2008 VbID_AFTER 7/17%0888 6/2/08 MS 06-0013 Tax Collector's Office William J. Pollacek 625 Court Street Contra County Treasurer-Tax Collector Finance Building, Room 100 P. O. Box 631 1Russell V.Watts Martinez,California 94553- Costa Chief Deputy Treasurer-Tax Collector 0063 Co U n (925)646-4122 Joslyn Mitchell (925)646-4135 FAX Tax Operations Supervisor `STA C6lR3� I Date: 6/2/2008 IF THIS TRACT IS NOT FILED PRIOR TOO THE DATE TAXES ARE OPEN FOR COLLECTION (R&T CODE 2608) THIS LI ETTER IS VOID. This will certify that I have examined the map of the proposed subdivision entitled: Tract/MS # City I T.R.A. MS 09-0013 ALAMO 66015 Parcel#: 198-081-005-3 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 :2008-2009 became a lien on the first day of January, 2008 is $27,300.00 This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal to calculate a segregation is The amount calculated is void 45 days from the date of this letter, unless this letter is accompanied with security approved by the Contra Costa County Tax Collector Subdivision bond must be presented to they,County Tax Collector for review and approval of adequacy of security prior to filing with the Clerk of the Board of Supervisors. Bond covering tract#8957 will guarantee for this tract. WILLIAM J. POLLACEK, Treasu er-Tax Ilector By: r INSCO INSURANCE SERVICES,INC. inscam% Underwriting Manager for: I 110 Developers Surety and Indemnity Company Indemnity Company of California 17780 Fitch,Suite 200-Irvine,California 92614-(949)263-3300 Iwww.InscoDico.com SURETY BOND Bond No.722185S Premium$ 819.0 0 KNOW ALL MEN BY THESE PRESENTS,That James Crist and Stuart McPherson---------------------------------------------------------------------------------------------, as Principal, and Indemnity Company of California------------------------------------, a corporation organized and doing business under and by virtue of the laws of the State of California I and duly licensed to conduct a general surety business in the State of California as Surety,are held and firmly bound unto Contra Cost County Tax Collector's Office 625 Court StreetFinance d1I Martinez, CA 94553-0063 0oom 0 -0063 as Obligee, in the sum of Twenty-Seven Thousand, Three Hundred and No/100--------------------------------------------- I ---------------------------------------------------------------------------------- --- Dollars, ($ 27,300.00 1 for which pa-vment, well and truly to be made,we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THIS OBLIGAfI:I1ON IS SUCH THAT,WHEREAS, The estimated 2008-2009 tax lien for the proposed subdivision entitled Tract/MS# City T.R.A. 06-0013 Alamo 66015 Parcel#: 198-081-005-3 is$27,300.00; NOW,THEREFORE, if Principal shall pay such amount when due,then this obligation shall become null and void;otherwise, it shall be and remain in full force and effect. Signed and sealed this 28th day of April 2008 YEAR James Crist and St cPherson Indemnity Company of California Principal Surety x Q_-�A �`- - ` BY: _ James ist David Cr Atlurney-in-Fact 1'v1 s �� o� ^HAT; : -- I Stuart McPherson BOND REVIEWED AND.APPROVED CO nER STA COUNTY {D-1217(CA)(Rev.8/03) TRE CTOR BY: I vt j . I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Mateo On April 28, 2008 before me, Nancy L. Ferguson Notary Public, Name of Officer personally appeared bavid Crain Names)of signer(s) who proved to me on the basis of satisfactory evidence to be the personw whose name{)is4rta subscribed to the within instrument and acknowledged to me that heishelthey executed the same in his'"r '�ei;-authorized capacity0e .), and that by his/her/their signature(o on the instrument the person(o, or the entity on behalf of which the personal acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NANCY FERGUSON N Commission#1752066 U. Notary Public-California a � a San Mateo County My Comm.Exp.Jun.19,2011 Signature of Notary IN OPTIONAL Though the data below Is not required by law, it may prove valuable to persons relying on the document anid could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ Individual(s) ❑ Corporate Officer(s) Tiue(s) Title or Type of Document ❑ Partner(s) ❑ Limited ❑ General ❑ Attorney(s)-In-Fact ❑ Trustee(s) Number of Pages ❑ Guardian(s)/Conservator(s) ❑ Other: Date of Document Signer is representing: Name of person(s)or entity(ies) ISigner(s)other than named above I A .. POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA 92623(949)263-3300 KNOW ALL MEN BY THESE PRESENTS,that as except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each,hereby make,constitute and appoint `**David Crain, Nancy Ferguson, jointly or severally*** as their true and lawful Attomey(s)-in-Fad,to make,execute,deliver and acknowledgl,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of surety- ship giving and granting unto said Attomey(s)-in-Fad 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 ads of said Attorney(s)-in-Fad,pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1st,2008. RESOLVED,that the chairman of the Board,the President and anyVi I President of the corporation be,and that each of them hereby is,authorized to execute Powers of Attorney,qualifying the attomey(s)named in the Powers of Attorney to execute,onlbehalf 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 of wed 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 corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Vice President and attested by their respective Assistant Secretary this January 1st,20D8. By: A �S.f.AND,,yo pN,PAN Y pa Stephen T.Pate,Senior Vice President ;�r<%POt�q� >G OPPOq - 1a�o OCT. ,t `_ X(Zla a t y0 ih§ 2 OCT.5 0 BY o 1930 c w 1967 Charles L.Day,Assistant Secretary $ rf`f Q 7��y Q„ *y►b �' '4C/FpRa��� State of California County of Orange On January 1st,2008 before me, Christopher J.Roach,Notary Public Date Here insert Name and Tile of the Officer personally appeared Stephen T.Pate and Charles L.Day IName(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)istare subscribed to I within instrument and acknowledged n me that n the instrument executed the same in hie entity u authorized cepacity(ies),and that byhis/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the persons)acted,executed the instrument. caaw►;,�=irasas� N I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is tY true and correct. MY o0rrurt.evtpttes i1Na 19,2D1t- WITNESS my hand and offi'al seal. Place Notary Seal Above Signature Ch' er J.Roach 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 2 a th day of April 2008. I By: Albert Willebrand,Assistant ecretary y ID-1380(Wet)(Rev.07107) I i t I ACKNOWLEDGMENT State of: CALIFoRwA County of: CONTRA CosrA On , before me, Chris Nicol, NOTARY PUBLIC personally appeared I who 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 sighature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. " G«YxrYadon+e486944J� Fubie - Ccntra cc�to MVComm. 0 EVkWA0 ,2004 (Seal) Signature of Notary Public I My Commission Expires: April i0, 2009 OPTIONAL Description of Attached Docume I Title or Type of Document: i r t"l VD Document Date: Number of Pages: ACKNOWLEDGMENT State of: CALIFORNIA County of: CONTRA COSH Onmam 5 doolk, before me, Chris Nicol, NOTARY PUBLIC �--j personally appeared who 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. I certify under PENALTY OF, PERJURY under the laws of the State of California that the foregoing paragraph Is true and correct. WITNESS my hand and official seal. �Y.Publlf;_CcMliort.Ma ccao s«,�► �;z?i,zao4 (Seal) LSignature of Notary Public I mission Expires: April 20, 2009 OPTIONAL Description of Attached Docu I i Title or Type of Document: jlv�r'A' Document Date: Number of Pages: a____ .,° . COUNTYOF CONTRA COSTA DEPOSIT PERMIT OFFICEOF`COIJ TYAUDITOR-CONTROLLER:_ MARTINEZ:,CAuFORNIA- ' 'TO_THE-TREASURER: �RECEIVED FROM i PUb�1 'Works ORGANIZATION'NUMBER_ 650 DESCRIPTION FUND/ORG SUB.' r TASK" OPTION _ACTIVITY AMOUNT I ACCT. Sales Tax T0030,0 063,7,E 42.66 i DA48C. 007572 91.40 -34,575.00 _ 1 SD 0408830Base Map Fee 001600 9606> _ 425.00 .. Sale of.Plant& Specs _ 004500 p" 9931:REV._-� � , : ; 6,00196` 550:34 _ Corner'Records"- " 000651'' 9666, 6LO88D - 130. { SD 04:08830 .Mon�titnerit'Fee� N. 6L081D 750.00 �SD'04-08830`�Map Ck Overages ` Loo(�Jgf X24 71' ' SDS 04 088WAppiication overage 6L0033 1;123 90 SD 04',08$30 Plan,ck'OVerage 6L0072: 6;193:77+ MS 99"00006` Overages ) 7;936:70 j MS 06 0013 Imp Plan Ck Overages 60073 3;5'19:15 : I Zl 07-11861 Plan Ck 6L074A. 3,114.88 Trusf:Fund __. 819800 0800 = 15;100,00 E 00'664011 ,9665 73;000.00 Explanation.. _ .. 1. TOTAL $ Eng,Sucs: 13,1242202 61242231 voids 612422/4 8<13:1242216 DEposIT „_. X146;48611. ' Deposit consists ofhhe followtrig`it'ems COIN-arid CURRENCY 3 x;0.00 .146,'4861'1 FOR AUDITOR-CONTROLCERUSE.ONLY DEPOSIT PERMIT " DP;SD, ol�a •. NUMBER � t -- �-..---.• ' DATE' I ASSIGNEDb_ . The amount of money descnbeii above is for Treasurer s retelpt of above,amounl is_approved. �"`Receipt of>above arnount is hereby ac,nowtedged._ deposit Into the County Treasury ,. Signed: ' ti Signed Title'.AcCt.'Clk.AdvEXT."3-2344 Deputy County Aueltoi Deputy County treasurer I 6.'j 0 U { j4 - UU * IJ 28 _ [E(U E u H, • , L h (.� 6' 1 1 w � l�it.' t.j:i� r �v• 500 - U U r I�-d- / • T � .�+^.' 1 U ' UU r U • UUT 0- vo I aS U u* <-------- 5 U ' U U r U - 34 uu " - day G-I� ! -- 39 - o u , eh-- U U U u . , _d � u U ' 10V 2u - Uu * �,:_ Ut1 ' UO 5 - UU T' 1 U.0 T u - 20r' 5JU liU+ U • U.5BUJ U T' . 5UU - UU * UL) It :3 Irl" ' U U uo I uu I �, . .0 10 • UU 34 UUP `_)UU ' UU 'r :5) UU - 1 U -UU r 3J - UUY j!} - UU r �u0 U r l U - LIU t 10U • UU * :34 - UUT JUU ' UU * 63 UU+ J'UU ' UU * 34 - oUr 4 - U U T 1 u U U " 39 - UU i- � 34 - uu 3 1) - U U , 3 9 - Uu � 39 - ULJ • 3 ti - Uu " _ =1 :3.6 - 'lu :3�) - Liu rt 12, ' 1`'2 j8 aG . Out 1-U - U 54 • UU.r 0649-9665 / 112-300: G1242204, $500:00, RS 3293, Record of Survey Deposit, Bud Simmons, 3859 Joan Ave., Concord, CA 94521 0649-9665 / 112300: G1242205, $500.00; R5 3287, Record of SurveY Deposit', John Govers, 3708 Mt. Diablo Blvd #1100, Lafayette, CA 94549 0649-9665 / 112300: G1242206, $500.00; RS 3292, Record of Survey Deposit, John & Victoria A. Werhan, 3079 Withers Ave., Lafayette, CA 94549 0649-9665 / 112300:. 61242207, Y Deposit, 500.00, RS 3294, Record of Surve $ p BKF Engineers, 2737 N. Main St#200, Walnut Creek, CA 94597 0649-9665 / 112300: G1242208, $ Y ep1500.00, RS 3295, Record of Survey Deposit, Laugenour & Meikle, 608 Court St,PO Box 828, Woodland:, CA 95695 I 0649-9665 / 112300: G1242213, $500.00 MS 99-00006, Inspection Cost, Tice Valley Partners, LLC, 3000 Danville Blvd #F421, Alamo,CA 94507 0649-9665 / 112300: G1242215, $64;500.00, 51) 04 08830, Inspection Deposit, Foxwood Community LLC, 333 Civic Dr., Pleasant Hill, CA 94527 0649-9665 / 112300: 6124222115 500.00 ZI 07 11861 Inspection, Deposit, $ p , Stone's Throw Farm, LLC, 432 Matthew Ct.,.Pleasanton, CA 94566 819800-0800: .G1242215, $14.600.00, 51) 04 08830, Cash Bond, Foxwood Community LLC, 333 Civic Dr., Pleasant Hill,CA 94527 819800-0800: 61242223, $50 5.00, MS 06-0013, Cash Bond, James Crista 810 Bruce Dr., Palo Alto, CA 94303 j SUBDIVISION AGREEMENT (Gov.Code,§§66462 and 66463) 61110 i� Subdivision: '� �o I Effective Date: Subdivfder�J�4—,s Cir-yam, ,l�xye—&'31 SjL�I�Jt�yp:ewjr, ornpletionPeriod: G ►%PSI S THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: h,t LP�.,e✓��.19 CONTRA COSTA COUNTY SUBDIVIDER -ZS �.taarise�d A flu,Pu��bliillNolkSDir clot Zl'S u U R By: Pri Name �'c9, i., r r T' RECOMMENDED FOR APPROVAL: Print Title i By: Print Name � A E. JK� P/ y Lt/ ,vrJ %A (jo,11 Engineering Services Division Print Title FORM APPROVED: Slivano B.Marches!,County Counsel (NOTE:All signatures must be acknowledged:If Subdivider is incorporated,the contract must be signed by two officers.The first signature must be that of the chairman of the board,president,or vice-president,the second signature must be that of the secretary, assistant secretary,chief financial officer,or assistant treasurer.(Civ.Code,§1190 and Corps.Code,§313.) CERTIFICATE OF ACKNOWLEDGMENT 41, State of California �• ss. County of On the date written below,before me,the undersigned Notary Public,personally appeared the perso ning above for personally known to me(or proved to me on the basis of satisfactory evidence)to be the peison(s)whos e(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/theirauthodzed capacity(ies),and that by hislherlth natures)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. Dated: Notary Public (Notary Seal) 1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,(hereinafter'County')and the above-mentioned Subdivider mutually promise and agree as follows concerning this Subdivision: 2. IMPROVEMENTS, Subdivider agrees to install certain road Improvements(both public and private),drainage Improvements,signs,street lights,fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required inithe 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'). Subdivider shall complete said improvements(heretnafter'Work')within the above completion period from date hereof,as required by the California 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 strider requirements shall govern. 3. IMPROVEMENTS SECURITY. Upon executing this Agreern nt,the Subdivider shall,pursuant to Gov.Code§66499 and the County Ordinance Code,provide as security to the County: A. For Performance and Guarantee: $ — cash,plus additional security,in the amount of$ /S- -Vo 6-010. which together total one hundred percent(100%)of the estimated cost of the Work. Such addifional secul ty Is presented In the form of: Cash,certified check or cashier's check. ✓ Acceptable corporate surety bond. Acceptable irrevocable letter of credit. Withthis security,Subdivider guarantees performance and lrthis Agreement and maintenance of the Work forone yearafter its completion and acceptance egainstany defective workmanship or materials or any unsatisfactory performance. I B. For Payment: Security in the amount:$ 7Jr, :i5 J. yd ,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 L/ Acceptable corporate surety bond.I Form Approved by County Counsel Acceptable irrevocable letter of credit. (Rev.91031 Page 1 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Santa Clara. On A or d 7 a o d before me, Theresa Poon, Notary Public, Date � personally appeared C r f S ti G fA /r f e_ C /i �T� yr,e,,3h rt 5"�. Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persooss whose namEO+slare subscribed to the within instrument and acknowledged to me that ha4hre/they executed the same in 4is4#ter/their authorized capacit ies and that by his �r/their signature(s�on the instrument the perso (s , or the entity upon behalf of which the person('s) cted, executed the instrument. certify under PENALTY OF PERJURY and Ir the laws.of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal THERESA POOH COMM.#1663168 MARY PUBLCC.CALKORIM SANTA CLARA COUNTY My Caren.Expires Nay 2.2010 Notary Seal Notary Signature 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 Documelnt Title or Type of Document: Document Date: �d p.� e� I Number of Pages: ( cM Signer(s) Other Than Named Above: I 0-f-I.. Capacity(ies) Claimed by Signer(s) Signer's Name: .JCA MU C ri r_ fti en r`w 0- Individual Individual ❑ Corporate Officer Title(s): ❑ Partner -- ❑ Limited ❑ General ❑ Attorney-in-fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 1/1/2008 ACKNOWLEDGMENT State of: CALIFORNIA County of: CONTRA CosrA i On L 3C,-'-h U -, before me, Chris Nicol, NOTARY PUBLIC personally appeared T�ac� C c'- eft I who 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 signatulre(s) on the instrument the person(s), or the Ientity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY Uunder the laws of the State of California that the foregoing paragraph is true and correct. CHRIS NICOL WITNESS my hand and official seal. - Camay,# ,savaai Nolay Pubk -caoomb = "a cCOW* !Wfa 2W 'j (Seal). Signature of Notary Public My Commission Expires: April 20, 2009 OPTIONAL Description of Attached Document w Title or Type of Document: SAAW i SADA TIMC^51— Document Date: Qk Number of Pages: