HomeMy WebLinkAboutMINUTES - 08052003 - C.13 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on August 5, 2003,by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 2003/482
SUBJECT: Approval of the Subdivision Agreement for Development Plan 3057-02 Lot 13,being
developed by Fairfield San Ranson North,LLC,San Ramon(Dougherty Valley)area.
(District III)
The following document was presented for Board approval this date:
L Subdivision Agreement
A subdivision agreement with Fairfield San Ramon North,LLC,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:
A. Cash Band
Performance amount: $14,300.00
Auditor's Deposit Permit No. 408326 Date: July 8, 2003
Submitted by: Fairfield San Ramon North, LLC
Tax ID Number: 33-0778277
Originator:Public Warks(ES) I hereby certify that this is a true and correct copy of an action
Contact. Tet:Rie(313-2363) taken and entered on the minutes of the Board of Supervisors
LT:rm an the date shown.
G:\GrpData\EngSvc\80\2003\8-05-03\DP 3057-02 130-21.doc
ct. Public Works—T.Bell,Construction
Current Planning,Cormnunity Development
T—May 2004
Fairfield San Ramon North LLC ATTESTED: AUGUST 05 2003
Clarke McDaniel
SSIflMorehouse Drive,Suite 200 JOHN SWEETEN, Clerk of the Board of Supervisors and
San Diego,CA 92121 County Administrator
Insurance Company of the West
Thomas A.James
11445 El Camino Real
San Diego,CA 92186
By ,Deputy
RESOLUTION NO.2003/ 482
SUBJECT: Approval of the Subdivision Agreement for Development Plan 3057-02 Lot 13,being
developed by Fairfield San Ramon North,LLC,San Ramon(Dougherty Valley)area.
(District III)
DATE: August 5, 2003
PAGE: 2
B. Surety Bond
Bond Company: Insurance Company of the West
Band Number: 2084456 Date: July 1, 2003
Performance Amount $1,415,900.00
Labor&Materials Amount: $715,100.00
Principal: Fairfield San Ramon North, LLC
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 subdivision agreement is also APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2003/482
SUBDIVISION AGREEMENT
(Government Code§66462 and§66453)
Subdivision: DP 02-3057 Branch Creek Place Lot 13 Principal: Fairfield San Ramon North LLC
ffective Hate: -- -- Completion Period: i year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY PRINCIPAL
Maurice M.Shiu,Public Works Director Fairfield San Ramon North LLC
� s 4
;t (Print name&title) e`s _t KZ #� °.+ �ij k/
,B MMEF ED FOR APPROVAL
By: u (slsnat—)
Engineering Sirvis ivision (P=t name&tide) �.
FORML APPROVED: Victor S.W estman,County Counsel (NOTE: All signatures to be acknowledged.l0rincipal is incorporated,signatures
must 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"County"and the above-mentioned
Principal,mutually promise and agree as follows concerning this subdivision:
2. L%TROVEMENTS. 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 by the Conditions of Approval for this development and
generally as shown on 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§656420 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. LMl'RO'iJE�NT SECURITY. Upon executing this agreement,Principal shall,pursuant to Government Code 666499 and the County Ordinance
Code,provide as security to the County:
A. For Performance and Guarantee: S 14.300.00 cash,plus additional security,in the amount:S 1.415,900.00
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:SX15.100.00 which is fifty percent(50%)oftheestimated cost ofthework- Suchsecurity
is presented in the form of.
Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable irrevocable letter ofcredit.
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 held as securities maybe
reduced in accordance with 694-4.405 and 694-4.408 of the Ordinance Code.
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 private improvements,which are not to be accepted by the County.
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 pestcontrol 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 ofone(I)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 may be necessaryto
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 indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part of said
work and/or materials,or payments,therefor,or any combination or all of these acts,shall not relieve the 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 districts, elective and appointive boards,
commissions,officers,agents and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because ofactions
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 actor 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 all costs incurred by the County for services provided.This cost may
include,but are not limited to:inspection,administration,engineering,construction and relocation of existing utilities.
1o. 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:IfPrincipal 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.
Once action is taken by County to complete or maintain the work,Principal agrees to pay all costs incurred by County,even ifPrincipai 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 attorneys 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 againstPrincipai,
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.
14. RIGHT OF ENTRY. Principal hereby consents to entry on the subdivision property and any other property affected by the Improvement Plans by
County and County forces,including contractors,as may be necessary to ensure complete construction and/or maintenance.
RL:1D:ladlcw
G:\GrpData\En8Sw\Forms\AG WORD\AG-30.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA -OPTIONAL SECTION-
CAP'ACITY CLAIMED BY
COUNTY OF SALT DIEGO SIGNER
Though statute does not require the Notary to fill
in the date below,doing so may prove invaluable
to persons relying on the document.
On July 14,2043,before me M M.Rhinesmith,Notary Public
Nae and ride or+he officer-c&°JANE DOE,NOTARY PUBLIC' 17 INDIVIDUAL
personally appeared Patrick J. Gavin and James A Hribar ❑CORPORATE OFFICER(s)
Nam(s)of Signer(s)
personally known to me - OR n p as to ffle en the basis e f
to be the person(s) whose name(s) 'is/are TITLE(s)
subscribed to the within Instrument and acknowledged to me that c PARTNERS(S O LIMITED
l e/she/they executed the same initis/h)&r/their authorized capacity(ies), ❑GENERAL
and that by hrs/hW/their signature(s)on the instrument the person(s),or C ATTORNEY-IN-FACT
the entity upon behalf of which the persons(s) acted, executed the ❑TRUSTEE(S)
instrument.
❑GUARDIAN/CONSERVATOR
WITNESS my hand and official seal. ❑OTHER:
�d` � _ ;ik' SIGNER IS
REPRESENTING
NAME OF PERSON(S)OR ENTITY(IES)
SJGNATURE OF NOTARY
,�+sem?._.M�rwtar�ttaetlsga�x�tfb�wgg�,s yam,g� ,as�sltett3��,
i s:,aSrr,�3F":I3'�84SMI 2'
,C04
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO THE
DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document:Subdivision Agreement-Fairfield San Ramon
North LLC
Number of Pages:three Date of Document:undated
Though the data requested here is not required by law,it could prevent
fraudulent reattachment of this form. Signer(s)Other Than Named Above
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM j
r ORGANIZATION NUMBER
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUNDJORG. SUB. TASK OPTION ACTIVITY AMOUNT
ACCT.
$ 1
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EXPLANATION:
DEPOSIT
r Deposit consists of the following items
{ CC7M4E and CURRENCY $ 30.3i
ti CH KS,M.O.,ETC. $ " 1
DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT
NUMBER
DATE
ASSIGNED 40839 -411 091
The amount of moray described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby
deposit into the County Treasury. acknowledged.
Signe te-_
Signed:. Signed:
Title XT. y Audi r Deputy County Treasurer
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83) 748 . 62
0649-9665 / 831000: 61116746, $67.900.00, DP02-3057, Civil Cash Bond,
Branch Creek Place Lot 13, Fairfield Son Ramon North LLC, 5510 Morehouse
Drive #200, San Ramon, CA 92121
819800-0800: 61116746, $14,300.00, DP02i3057, Development
Improvement Plan Inspection Branch Creek Place Lot 13, Fairfield San Ramon
North LLC, 5510 Morehouse Drive #200, San Ramon, CA 92121
Subdivision: ISP 42-3057 Branch Creek Place Lot 13
Bond lin.: 2084456
Premium: $8,495.00
ILYLPROVEMENT SECtI'it.ITY BOND
FOR SUBDIVISION AGREEMENT
(Performance,Guarantee and Payment)
(California Government{Code §§ 66499 - 66499.10)
l.. R-EctTAL of SuBDTvtsioN,AGREEMENT: The developer(principal)has executed a subdivision agreement
with the County of Contra Costa to install and pay for street, drainage and other improvements in
Subdivision ISP 02-3+357 Lot 13 ,as specified in the subdivision agreement and to complete said
work within the time specified for completion in the subdivision agreement,all in accordancewith State and
local laws and rulings thereunder in order to satisfy conditions for tiling of a final map orpar+cel reap for said
subdivision.
2. OBLIGATION' Fairfield San Damon North LLC as principal and insurance Company of
The West , 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 hairs, executors,administrators,successors and assigns to
the County of Contra Costa, California to pay as follows:
A. Performance and Guarantee: One Million Four Hundred Fifteen Thousand Nine Hundred and
00/100 Dollars (S 1,415.900.00 }for Contra Costa County or any city assignee under the
above County Subdivision Agreement.
B. Payment: Seven Hundred Fifteen Thousand One Hundred and 00/100 Dollars
715.100.00 ) 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 Cade 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 atisigrns,shall in all things stand to and
abide by wid well and truly keep and perform the covenants,conditions and provisions in the said
ag ement 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 sage 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 therefore,there
shall be included reasonable costs,expenses and fees,including;reasonable attorneys fees,incurred
by the Countvi of Contra Costa(car city assignee)in successfully enforcing such obligation,all to be
tasted as costs and included in any judgement rendered.
B. The condition of this obligation, as to Section (2.8.) 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.
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 1.5(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 band.
Should the work under conditions of this bond be Bally 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 plasm or specification of said work agreed to by
the principal and the County of Contra Costa(or city assignee)shall relieve the surety from liability
on this 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 2819 and
holds itself bound without regard to and independently of any action against the principal whenever
taken.
SIGNED AND SEALED on Juiy 1st 2003
iE MCIPAL: Fairfield San Ramon North LLC SURETY: Insurance Company of the West
Address: 5510 Morehouse Dr.,Ste 200 Address: 11445 EI Camino Real
Cit Sarin Qiego CA Zip: 92126 City: San Dieg ,'a _Zip: 921816
{
By:
'fhmm
oasA. Jaes
Print Name: Print Name:
Title: ' i' r V�P Title: Attorney-in-Fact
M w:la,
G:,GYpDataNWvcTorms\BN WORD.UN-E2.dOc
No. OW1404
ICW GROUP
j Power of Attorney
Insurance Company of the West _
E The Explorer Insurance Company Independence Casualty and Surety Company E
! KNOW ALL,MEN 13Y THESE PRESENTS.- That.Insurance Company of the West,a Corporation duly organized under the laws of the State of California,The
Explorer haumce Company,a Corporation duly organized under the laws ofthe Mate ofAsizmna,and Independence Casualty and Swety Company,a Corporation
I duly organized under the laws ofthe Mate of1mas,(collectively referred to as the"Companies"),do hereby appoint
f THOMAS A.JAMES,MI"AEL H.PRAUEI S,DENNIS f1ORSENBERGER,GARY T.PETERSON
f their>s true and lawful Attoro sun-Fact with authority to date,execute,sign,try(�� y e, seal,and deliver on behalf of elle Companies,fidelity and surety bonds,undertakings,
and tether similar contracts of suretyship,and any related documents.
E IN WITNESS WHEREOF,the Companies have caused these presents to be executed by its duly authorized officers this I6th day of January,2001
I:SE�i2A1�10E COMPANY OF THE WEST
THE EXPLORER INSURANCE COMPANY
1rAl >(` # INDEPENHENCt CASUALTY AND SURETY COMPANY
S p +
6+6i1r SNA I
Jahn H.Craig,Assistant Secretary John L.Harinurn,Executive Vice President
State of California
County of San Diego ss'
On January l b,2001,before me,Norma Poster,Notary Public,personally appeared John L.Hannum and JohnH.Craig,personally known to me to be
the persons whose names are subscribed to the within instrument,and acknowledged to tae 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 trend and official seal.
A2Clfll A PORTER
+K cool' n#T2575d0
iSfff?:hfjY f fl8ti:;•GAi ift7Rf+ftA
elf
p m4k CGnD »s
Q y ea�s!S: SreSR >Z s�84
tv9Af?�'s-1 t>3,�tkt
Norma Porter,Notary Public
RESOLUTIONS
This Power of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals under authority of the following resolutions adopted by
the respective Boards of Directors of each ofthe Companies:
E
"RESOLVED: That the President,an Executive or Senior Vice President of the Company,together with the Secretary or any Assistant E
Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)natned as Attorney(s)-in-Fact to date,execute,sign, E
seal;and deliver on behalf ofthe Company,fidelity and surety bonds,undertakings,and other similar contracts of suretyship,and any related l
documents.
RESOLVED FURTHER, That the signatures of the officers making tlae appointnnernt and the signature of any officer oertifving the validity
and:cumennt status of the appointment,may be facsimile representations of those signatures;and the signature and seat of any notary,and the
seal of the Company,may be facsimile representations of those signatures and seals,and such facsimile representations shall have the same
for,and efI`eet as if manually affixed. The facsimile representations referred to herein may be affixed by stamping,printing,typing,or
photocopying,."
CERTIFICATE
E I,the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,mid Independence Casualty and Surety Company,do
hereby certify that the foregoing Power of Attorney is in full force and effect,and has not been revoked,and that the above resolutions were duly adopted by the
respective Boards of Dimctors of the Companies,and are now in full force.
s
# IN WITNESS WHEREOF,I have set my hand this 1.8,t day ofw_.JU1y 2003
John.14,Cram,Assistant>5ecretary
To verify the authenticity of this Power of Attorney you may call 1-8040-877-1111 acid ask for the Surety Division. Please refer to the Power of Attorney Dumber,
the above named iudivldual(s)and details of the bond to which the power is attached. For information or filing claims,please contact Surety Claims,ICW Group,
11455 El Camino Real,San Diego,CA 921130--2045 or call(859)35i1-2406.
l
I.C.W. GROUP
Insurance Company of The West
The Explorer Insurance Company
Independence Casualty and Surety Company
11455 El Camino Real, San Diego. CA 92130-2045
P.O.BOX 85563. San Diego. CA 92186-5563
(858)350-2400 FAX(858)350-2707
ww"%icwgroup.com
Bond Number: 2.084456
Terrorism Risk Rider
This rider addresses the requirements of the Terrorism Risk Insurance Act of 2002.
In accordance with the above Act, we are providing this disclosure notice for all bonds on which
one or more of the above identified companies is a surety.
Coverage for certified acts of terrorism is included in the attached bond and will be partially
reimbursed by the United States under a formula established by the Act. The United States will
pay 90%, of covered terrorism losses in excess of a statutory established deductible to the
insurance company issuing the bond.
In no way will the payment for loss on this bond exceed the limit of liability under this bond.
This rider does not provide coverage for any loss that would otherwise be excluded by the terms
of this bond.
The portion of the premium, for this bond, attributable to coverage for certified acts of terrorism
under the Act is One Dollar($1.00).
Important Notice. The cast of terrorism coverage is subject to change on any bond that
premium is charged annually.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA -OPTIONAL SECTION-
CAPACITY CLAIMED BY
COUNTY OF SAN DIEGO SIGNER
Though statute does not require the Notary to fill
in the date below,doing so may prove invaluable
to persons relying on the document.
On July 14, 2003,before me M. M Rhinesmith,Notary Public
Nam and Til-flim Ofictr-eg. "JANE DOE,NOTARY PUBLIC" 11INDIVIDUAL
personally appeared Patrick J. Gavin 0 CORPORATE OFFICER(s)
Nam(s)of Sigtter(s)
E personally known to me - OR 19 p ad to ffi on the basis �
to be the person(W) whose namem is/a'* TITLE(s)
subscribed to the within instrument and acknowledged to me that o PARTNERS(S E LI.MITED
he/sem/tly executed the same in his/4r/tlfl6ir authorized capacity(is), ❑GENERAL
and that by his/lor/t 'ir signature )on the instrument the person ,or ❑ATTORNEY-IN-FACT
the entity upon behalf of which the persons ] acted, executed the ❑TRUSTEE(S)
instrument.
❑GUARDIAN/CONSERVATOR
WITNESS my hand and o ciai seal. OTHER:
SIGNER IS
REPRESENTING
f NAME OF PERSON(S)OR ENTITY(IES)
SIGNATURE OF NOTARY
M.wfir.Asr aa�.t�,�,�swsnrggssa�rr�at��gtetxffas�an�rsuw,galeks
TH
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t.xtz)Am.^4I r0 .31,2
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OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED TO THE
DOCUMENT DESCRIBED AT RIGHT: Title or Type of Document:Improvement Security Bond for Subdivison
Agreement—Fairfield San Ramon North LLC
Thoug`.^,the data requested here is not required by law,it could prevent Number of Pages:two Date of Document:undated
fraudulent reattachtwnt of this form. Signer(s)Other Than Named Above
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Diego
On July 1"2003 before me, Barbara Watson,Notary Public,
personally appeared Thomas A. James ,
personally known to me -OR- ❑ proved to me on the basis of satisfactory evidence to be the person
whose name is subscribed to the within instnunent and acknowledged to
the that he executed the same in his authorized capacity and that by his
signature on the instnunent the person, or the entity upon behalf of
which the person acted, executed the instrument.
BAR£WRA WAMQIV
Commission##359NO z
Nottety Public-Cetlffernia
j
Son Dfto CountyW1TNEd official seal.
i My Comm.Expires tun 4,2i>n6 ,--~
Signature of Notary
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudident reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
❑ CORPORATE OFFICER
❑ PARTNER.(S) ❑ LIMITED Improvement Bond
® ATTORN'EY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING: Insurance Company of the West
NAME OF PERSON(S)OR ENTITY(IES)
Thomas A. James
CA-IM 24(711))