HomeMy WebLinkAboutRESOLUTIONS - 06042002 - 2002-346 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on June 4, 2002, by the following vote:
AYES: Supervisors Gerber, Uilkema, DeSaulnier, Glover, and Gioia
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO, 2002/3 4 6
SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 2-96,
being developed by Asok Sengupta, Walnut Creek area. (District III)
The following documents were presented for Board approval this date:
I. Map
The parcel map of Subdivision MS 2-96,property located in the Walnut Creek area,
Supervisorial District HI, said map having been certified by the proper officials.
II. Subdivision Agreement
A subdivision agreement with Asok Sengupta, principal, whereby said principal
agrees to complete all improvements as required in said subdivision agreement
within one year from the date of said agreement. Accompanying said subdivision
agreement is security guaranteeing completion of said improvements as follows:
Originator:Public Works(ES) I herebycertify that this is a true and t of an
Contact: Rich Lierly(313-2348) l.� correct copy
JH.cw
action taken and entered on the minutes of the Board of G:\GrpData\EngSvc\130\2002\64-02\MS 2-96 BO-21.doc Supervisors on the date shown.
cc: Public Works—T.Bell,Construction
Current Planning,Conununity Development
T-4-04-03 ATTESTED: JUNE 0 4 2002
Asok Sengupta JOHN SWEETEN Clerk of the Board of
130 Bexley Place , Supervisors and
Walnut Creek,CA 94598 County Administrator
Developers Surety and Indemnity Company
3100 Oak Road
Walnut Creek,CA 94596
Att:Gregory M.Pribyl
John Huberty By ,Deputy
111 Brodia Way
Walnut Creek,CA 94598
Chicago Title Company
590 Ygnacio Valley Road,Suite#300
Walnut Creek,CA 94596
Attn:Richard Mckillips
RESOLUTION NO.2002/ 3 4 6
SUBJECT: Approval of the Parcel Map and Subdivision Agreement for Subdivision MS 2-96,
being developed by Asok Sengupta,Walnut Creek area(District III).
DATE June 4, 2002
PAGE 2
A. Cash Bond
Performance amount-, $11000.00
Auditor's Deposit Permit No. 386130 Date: May 8, 2002
Submitted by: Asok Sengupta
Tax ID Number: 550-69-2993
B. Surety Bond
Bond Company: Developers Surety and Indemnity Company
Bond Number: 8679105 Date: May 6, 2002
Performance Amount: $80,200.00
Labor&Materials Amount: $40,600.00
Principal: Asok Sengupta
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 2001-2002 tax
lien has been paid in full and the 2002-2003 tax lien,which became a lien on the first
day of January 2002, is estimated to be $7,800.00, with security guaranteeing
payment of said tax lien as follows:
• Tax Surety
Assessors Deposit Permit Number: 385952 Date: May 6,2002
Amount-, $7
1800.00
Submitted by: John Huberty
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.
RESOLUTION NO. 2002/346
1
4. GUARANTEE AND WARRANTY OF WORK. Principal guarantees that said 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. Principal agrees to correct,repair,or replace,at Principal's expense,any defects in said work.
The guarantee period does not apply to road improvements for private roads,which are not to be accepted into the County road system.
5. PLANT ESTABLISHMENT WORK. Principal agrees to perform establishment work for landscaping installed under this agreement. Said plant
establishment work shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and other pest control and other work
determined by the Public Works Department to be necessary to insure 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. Principal 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,Principal shall make whatever changes
necessary to the plans to accomplish the work as promised.
7. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or
employee of the County indica+ing the work or any part thereof cor' lies 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 Principal of the obligation to fulfill this
agreement as prescribed;nor shall County be thereby stopped from bringing any action against Principal for damages arising from the failure to comply
with any of the terms and conditions hereof.
8. INDEMNITY: Principal shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefited and protected by this promise are County and County's special district,elective and appointive boards,
commissions,officers,agents and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of
actions defined below and including personal injury,death,property damage,inverse condemnation,or any combination of these and regardless of whether
or not such liability,claim 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 Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has
prepared,supplied,or approved any plan(s)or specification(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 form any negligent or willful misconduct of any Indemnity.
9. COSTS: Principal shall pay when due,all the costs of the work,including inspections thereof and relocation of existing utilities required
thereby.
10. SURVEYS. Principal 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 any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AND COSTS:If Principal 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 Principal agrees to pay
all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon
demand.
Principal hereby consents to entry on the subdivision property by County and County forces,including contractors,in the event County proceeds
to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work, Principal agrees to pay all costs incurred by County,even if Principal
subsequently completes the work.
Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal
agrees to pay all attorney's fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to
complete the work.
12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision is included in territory
incorporated as a city or is annexed to an existing city,except as provided in this paragraph,County's rights under this agreement and/or 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
Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally. The provisions of paragraph 8
(Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation.
13. RECORD MAP. In consideration hereof,County shall allow Principal to file and record the final map or parcel map for said subdivision.
RL:JD:ad
GAGrpData\EngSvc\Fonm\AG WORDIAG-30.doc
Rev. October 25,2001
SUBDIVISION AGREEMENT
(Government Code§66462 and§66463)
Subdivision: MS 960002 Principal: A s o k S e n cfup t o
Effective Date: 4o �� Completion Period: 1 year
t
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY PRINCIPAL
Maurice M.Shiu,Public Works Director
A joe�r�4
�--,
By. ,,, (Signature)
(Print Warne&title)
RECOMMENDED FO A C �
A,
« t
By: (Signature)
ngine g ices Division (Print name&title)
/A
FORM APPRO D: Victor J.Westman,County Counsel (NOTE: All signatures to be acknowledged. If Principal is incorporated,
signatures trust conform with the designated representative groups pursuant to
Corporations Code§313.)
1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"Count"and the above-mentioned
Princal,mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Principal 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 and in conformance with the Contra Costa County Ordinance Code
(including future amendments thereto).
Principal shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof,as
required by the California Subdivision Map act(Government Code§§664 10 and following)in a good workmanlike manner,in accordance with accepted
construction practices and in a manner equal or superior to the requirements of the County Ordinance Code and rulings made thereunder;and where there
is a conflict between.the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this agreement, Principal shall, pursuant to Government Code §66499 and the County
Ordinance.Code,provide as security to the County:
A. For Performance and Guarantee: $ 1 , 0 0 0. 0 0 cash,plus additional security,in the amount:$ 8 0,06 200. 00
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 cashiers check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,Principal guarantees performance under this agreement and maintenance of the work for one year after its completion and
acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount:$ 4 0 6 0 0- 0 0 ,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
X _ Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or
materials to them or to Principal.Upon acceptance of the work as complete by the Board of'Supervisors and upon request of Principal,the amount
securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code. --
CALI IA ALL-t'UK1r'V5E AGKNUMEDGEMEN I
State of California _ OPTIONAL SECTION
County of Contra Costa CAPACITY CLAIMED BY SIGNER
Y
On May Vii, RobertThough statute does not require the Notary.
�4cre me,_ ert J. Halpin, Notary_- Public
OATS NAME,TITLE OF OFFICER E.G..'.1ANE OOE.NOTARY-PUBLIC' to fill in the data below,doing so may prove
Invaluable to persons relying on the
personally appeared As o k S engup t o document.
NAME(S)SIGNER(S)
Cf INDIVIDUAL
6 personally known to me-OR- ❑ provided to me on the basis of satisfactory ❑CORPORATE OFFICER(S)
evidence to
be the person(s)whose name(s)is/are TITLE(S)
subscribed to the within instrument
and acknowledged to me that ❑PARTNER(S) ❑LIMITED
he/she/they executed the same in ❑GENERAL
his/her/their authorized capacity(ies), ❑ATTORNEY-IN-FACT
and that by his/her/their signature(s) ❑TRUSTEE(S)
on the instrument the person(s)or the ❑GUARDIAN/CONSERVATOR
entity ehalf of which,the per- ❑OTHER:
ROBERT J. HALPIN so }acted executed the instrument.
•.- �w� +. COMM. 1182507 to -
�- x �� PUBLIC.CALIFORNIAITNES m nd official seal,
NOTARY y
CONil"FIA COSTAR COUNTY SIGNER IS REPRESENTING:AM-�
NE OF PERSC"S)OR ENTITY(IES)
,t,ro�pMy Comm Expires May 20,
4 son
SIGNATURE A Y Self
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED
TO THE DOCUMENT AT RIGHT TITLE OR TYPE OF DOCUMENT
NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S)OTHER
THAN NAMED-ABOVE
Thougn the data beiow is not required by law,
d rnav prove valuable to persons relying on the
docarnera and could prevent fraudulent
reattacnmerM of this form.
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa Cou:nty.
1. FOR ALL SIGNATURES The name and interestFof the signer should be typed or printed BENEATH the.signature. ThE
name must be signed exactly as it is typed or printed.
11 . SIGNATURES FOR INDIVIDUALS =The rname must,be signed exactly-as it is.-printed Or typed,;.,-.The signer's interest in
the property must be stated.
14 :.":.SIGNATURES FOR PARTNERSHIPS Sighing party must be:either aveneral partner-lar be authoriaed.ip.writing xo have
7.
the authority to-sign for and bind the partnership.
IV. SIGNATURES:FOR CORPORATIONS
ocuments should be signed y two o kers;�one-from each of thing following Ivo groups:.
GROUP 1. a The Chair of the Board
b The President
c Any Vice-President
GROUP 2. a The Secretary
b An Assistant ecretar
c The Chief Financial Officer
Idl The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument,a certified copyof a resolution of the
Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required. A
currently valid power of attorney, notarized,will suffice.
Notarization of only one corporate signature or signatures from only one roup, must contain the following phrase:
"...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its .
Board of Directors'.
rP P Y S
:MW
GAENGSVCXF0RMS\N0TARY.WP0
Re Juw 2; '997
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ,CALIFORNIA
TO THE TREASURER:
RECEIVED FROM
ORGANIZATION NUMBER
(Organimofion)
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG, SUB. TASK OPTION ACTIVITY AMOUNT
ACCT.
$
A."
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EXPLANATION: TOTALDEPOSIT $
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ILL i
Deposit consists of the following items
9
k/
All
: .
COIN and CURRENCY $
CHECKS,M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER
vo
DATE
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved Receipt of above amount is hereby
deposit into the County TreTyry. acknowledged.
Signed: Date .
Signe�d.-.
Signed:
Auditor Deputy County Treasurer
LEXT. *1 �j
Deputy Co
-Title
)-34 REV.(7-93)
pow
819800-0800: 61092561, $1,000.00, M52-96 Cash Bond, Asok Sengupta,
130 Bexly Place, Walnut Creek, CA 94598 t
000649-9665 / 831000: 61092562, Taylor Woodrow Homes, Inc., 15
Cushing, Irvine, CA 92618
$6,062.80 - 51) 8396 Plan Check
$61802.68 - SD 8396 Map Check
000649-9665 8310000 G1092563, John W. Huberty and Christine A.
Mauro, 111 Brodia Way, Walnut Creek, CA 94598
-OW $1,700.00 - M52-96 Map Check
$1,700.00 - M52-96 Improvement Plan Check
$6,778.00 - M52-96 Inspection Deposit
000649-9665 / 831000; 61092565, $51852,001 LP 2027-00 Improvement
Plan Check, Tom and Connie Gozzano, PO Box 681, Pinole, CA 94564
000648-9140 / 112200: 61092563, $4,520.00, Walnut Creek Drainage Fee
for Plan #6 Area, John W. Huberty and Christine A. Mauro, Ill Brodia Way,
Walnut Creek, CA 94598
r
Subdivision: MS2-96
Bond No.: 8.6 7 910 S ,
Premuim is $1,925.00 for a term of
2 (Two) years.
IMPROVEMENT SECURITY BOND
FOR SUBDIVISION AGREEMENT
(Performance,, Guarantee and Payment)
(California Government Code §§ 66499 - 66499.10)
1. RECITAL OF SUBDIVISION AGREEMENT: The developer(principal)has executed a subdivision agreement
with the County of Contra Costae to'install. and pay for street; drainage and-other improvements in
Subdivision MS2-9fi as specified in the subdivision agreement and to complete said work within
the timespecified for completion in the subdivision agreement, all in-accordance with State and local laws
and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said
subdivision.
2. OBLIGATION: Asok Sengupta as principal and
Developers Surety and Indemnity Company a corporation organized an
existing under the laws of the State of_ Iowa .and authorized to transact surety
business in California, as surety, hereby jointly and severally bind ourselves, our heirs= executors,
administrators, successors and assigns to the County of Contra Costa, California to pay as follows:
A. Performance and Guarantee: Eighty Thousand Two Hundred and No/100----------
Dollars
o/100----------
Dollars ($ 80,1200.00 - ) for Contra Costa County or any city assignee under
the above County Subdivision Agreement.
B. Payment: Forty Thousand Six Hundred and No/loo------------------------ Dollars
($40,600-00 )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:
A. The Condition of this obligation as to Section(2.A.)above is such that if the above bonded principal,
or principal's 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 it or its 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
� ) g
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 therefore,there
shall be included reasonable costs, expenses and fees,including reasonable attorney's fees,incurred
by the County of Contra Costa(or city assignee) in successfully enforcing such obligation,all to be
taxed as costs and included in any judgement 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,material men and other persons employed in the performance
of the aforesaid subdivision agreement and referred to in the aforesaid Civil Code, for materials
furnished, labor of any kind, or for amounts due under the Unemployment Insurance Act with
respect to such work or labor and that said surety will pay the same in an amount not exceeding the
amount herein above set forth and also, incase suit is brought upon this bond, will pay, in addition
to the fact amount thereof,reasonable costs, 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, all to be taxed as costs and to be included in the judgement
therein rendered.
tis ere y expressly stipulated and agreed that this bond shall inure to the benefit of 4anY and all
persons,companies and corporations entitled to file claims under Title 15 (commencing with Section
3082)of Fart 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 work under conditions 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 alteration of said subdivision agreement or any plan or specification of said work agreed to by
the principal and the County of Contra Costa(or city assignee) shall relieve the sure from liability
. surety tY
on thus bond; and consent is hereby given to make such alteration without further notice to or consent
by the surety; and the surety hereby waives the provisions of California Civil Code Section 2 819 and
holds itself bound without regard to and independently of any action against the principal whenever
taken.
SIGNED AND SEALED on_ May 6. 2002
PRINCIPAL: Asok Sengupta SURETY: Develo ers Surety
Address: 130 Bexley Place Company
Address: 3100 Oak Road
City: Walnut Creek Zip: 94598 City; Walnut Crek 4596
By: B
Y
*K
Print Name: Se--;-V,,)C4,4J Print Name: G ego ;:,7 r iby l
Title: •
Title. Attorney-in-Fact
JD:mw:lap
GAGrpData\EngSvC\ orms\BN WORDIBN-12.doc
Rev.November 28,2000
STATE OF California
SS.
COUNTY OF Contra Costa
On May 6,2002 , before me, Daniel David Livsey, Notary Public
PERSONALLY APPEARED Gregory M. Pribyl
ners�nall known to
proved to me on the basis of
satisfactory evidence) to be the person(*f whose name(,s'j is/,fie
subscribed to the within instrument and acknpwledged to
me that he/ executed the same in his/h*fA+reir .
authorized capacity(ies), and that by his/bgr4heir signature(1s)
DANIEL DAVID LIVSEY
on the instrument the person(,T), or the entity upon behalf
COMM. 1228294
of which the person( acted, executed the instrument. IL *� NOTARY PUBLtC-CALIFORNIA 'p
ALAMEDA COUNTY *••
WITNESS my hand and official seal. M' MY Comm.Expires July 10,2003.
Signature ' This area or Official Notarial Notary Public f f f l 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 867910S
TITLE OF TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL 3
Q ATTORNEY-IN-FACT NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:_ May 6,2002
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES)
Developers Surety and Indemnity Company SIGNER(S)OTHER THAN NAMED ABOVE
ID-1232(REV.9i00) ALL-PURPOSE ACKNOWLEDGEMENT
POWER OF ATTORNEY FOR
DEVELOPERS SURETY AND INDEMNITY COMPANY
INDEMNITY COMPANY OF CALIFORNIA
PO BOX 19725,IRVINE,CA 92623•(949)263-3300
KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY
COMPANY OF CALIFORNIA,do each severally,but not jointly,hereby make,constitute and appoint:
*** Wesley W. Cowling, Dan P. Wolf, Gregory M. Pribyl, Melissa Current, jointly or severally*
y
as the true and lawful Attorneys)-in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations as sureties,bonds,undertakings and
contracts of suretyship giving and granting unto said Attorneys)-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 November 1,2000:
RESOLVED,that the Chairman of the Board,the President and any Vice President of the corporation be,and that each of them hereby is,authorized
to execute Powers of Attorney,qualifying the attorney(s) named in the Powers of Attorney to execute,on behalf of the corporations,bonds,undertakings and
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 or contract of suretyship to which it is attached.
IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused
these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8`h day of November,2000.
By: ,,,•,,�,1 ANb �N ?AN Y
,,.�� o - o
David H.Rhodes,Executive Vice President ,,.•:�J P0 R,q�;•.�� �Ci
a OCT. .<�
W; 10 OCT.5
�, "s-' 1967
By: a�=: 1936
Walter A.Crowell,.Secretary •. 7�., ,,�� �,` � -4��FO��
./Ow a •a
STATE OF CALIFORNIA )
)SS.
COUNTY OF ORANGE )
On November 8,2000,before me,Diane J.Kawata,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 persons whose names are subscribed to the within instrument and acknowledged to me that they executed the
same in their authorized capacities,and that by their signatures on the instrument the entity upon behalf of which the persons acted,executed the instrument.
WITNESS my hand and official seal.
DIANE J.KAWATA
Signature i- 7 MMY PU#1 �
UC CAA1.IFORKA c
OPANE COUNTY
�., My Com EV. B 2W2
CERTIFICATE
The undersigned, as Chief Operating Officer 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 6 th day of May 2002
By
David G.Lane,Chief Operating Off cer
ID-1380(11/00)
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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� State of California
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ft On._xay . 2002 , before me, Robert J. Halpin ,
Date Name and Title of Officer(e.g.,"Jane Doe,Notary Public")
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personally appeared As off€. S eraupta, ,
Name(s)of Signer(s)
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E` I personally known to me
❑ proved to me on the basis of satisfactory ,
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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 e u behalf of which the person(s)
- aaoq ac d, exec to the instrument. ,
ROBERT J. HAt"t I
�r ': C0tMI1. 1182507
- �� _: r_.>T ;,Pyr. } c��r�? �t ITNESS ha fficial seal.
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lace otary Seal Above igna7/No Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
i
Description of Attached Document
Title or Type of Document: Improvement secutity Bond for Subdivision
Agreement
Document Date: May 6, 2002 Number of Pages: )
y Two 2
E� Signer(s) other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name: Asok Sengupta
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•
K1 Individual
of thumb here
El Corporate officer--Title(s): TOP
❑ Partner--❑ Limited ❑ General
❑ Attorney in Fact
❑ Trustee
' ❑ Guardian or conservator
❑ Other:
Signer Is Representing:
0 1999 National Notary Association•9350 De Soto Ave.,P.O.Box 2402•Chatsworth,CA 91313-2402•www.nationainotary.org Prod.No.5907 Reorder:Call Toll-Free 1-800-876-6827
•
04/19/02 N/A$42 96-02
Tax Collector's office William J.Pollacek
625 Court Street County County Treasurer-Tax Collector
Finance Building, Room 100
P. 0. Box 631 Joseph L.Martinez
Martinez,California 94553
Costa Assistant Tax Collector
0063
(925)646-4122 County Joslyn Mitchell
(925)646-4135 FAX Tax Operations Supervisor
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Date: 4/19/2002
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.
96-02 WALNUT CREEK 79029
Parcel#: 140-210-017-4
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 2001-2002 tax lien has been paid in full. Cour estimate of the 2002-2003 tax lien, which
became a lien on the first day of January, 2002 is $7,800.00
This tract is not subject to a 1915 Act Bond. If subject to a 1915 Act Bond, the original principal
to calculate a segregation is
The amount calculated is void 30 days from the date of this letter.
Subdivision bond roust 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,
Treasu er-T C 11 r
By:
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM
(Orgmifion) ORGANIZATION NUMBER in.0
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V\-k
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. SUB.ACCT. TASK OPTION ACTIVITY AMOUNT
_7
!7
ir $
A
t I t I I I I I 1 11 1 1 1 1 1 1 1 1 L I I I I I
4
EXPLANATION: S
TOTAL DEPOSIT It6 Cie
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Deposit consists-of the following items
371.
COIN and CURRENCY $ 0_7
CHECKS,M.0,ETC. 7
(A
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT
NUMBER
V
DATE Q
L -4- ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
de"'''t into the Count
po� y Treasury. acknowledged.
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Signed. A Date 141,/
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N
Signed. Signed:
��-AU-fitor Deputy-County Treasurer
Title: j. EX
4;�' tT De y qq
)-34 REV.(7-93) Deputy