HomeMy WebLinkAboutMINUTES - 08052003 - C.18 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on August 5, 2003 by the following vote:
AYES: SUPERVISORS GIOIA, UILM4A, GREENBE RG, GLOVER AND DESAULNIER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RESOLUTION NO. 20031487
SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for Subdivision
8531 being developed by Janin Associates, Clyde area. (District IV)
The following document was presented for Board approval this date for, Subdivision
8531 located in the Clyde area.
A Subdivision Agreement (Right-of-Way Landscaping) with Janin Associates, developer,
whereby said developer agrees to complete all improvements as required in said Subdivision
Agreement (Right-of-Way Landscaping) within one year from the date of said agreement.
Improvements are comprised of the following: water fountain, concrete walkway, plant material,
irrigation system and water meter, picnic bench table and fencing as shown on Maybeck Park
Plan by HWA and Associates.
Said document was accompanied by the following:
Security to guarantee the completion of right-of-way landscaping as required by Title 8
and 9 of the County Ordinance Code, as follows:
I. Cash Deposit
Deposit Amount: ``$1,000.00
Deposit made by: Janin Associates
Auditor's Deposit Permit No. and Date: 408869 July 17, 2003
JH:rm I hereby certify that this is a true and correct copy of an
0:\GrpDatalEngsvc1B012003\8-05-03\SUB 8531$0-16.doc action taken and entered on the minutes of the Board of
Originator: Public Works(ES)
Contact: Rich Lierly(313-2348) Supervisors on the date shown.
cc: Public Works- T.Bell,Construction
Current Planning,Community Development
T-June 5,2004(P 1) ATTESTED: AUGUST-05, 20(73
Janin Associates JOHNSWEETEN,
Andrew Morse JClerk of the Board of Supervisors and
957 Stow Lane County Administrator
Lafayette,CA 94549
American Contractors Indemnity Company
Keith Sandrock Jr.
9841 Airport Blvd.,9`�Floor
Los Angeles,CA 90045 By ,Deputy
American Contractors Indemnity Company
Keith Sandrock
5776 Stoneridge Mail Rd.,suite#120
Pleasanton,CA 94588
SOLLMON NO.2003/ 487
SUBJECT: Approve Subdivision Agreement (Right-of-Way Landscaping) for Subdivision
8531 being developed by Janin Associates, Clyde area. (District IV)
DATE. August 5, 2003
PAGE 2
II. Surety Bond
Bond Company: American Contractors Indemnity Company
Bond Number and Date: 183555, July 16, 2003
Performance Amount. $24,000.00
Labor&Materials Amount: $12,500.00
Principal: Janin.Associates
NOW THEREFORE BE IT RESOLVED that said Subdivision Agreement (Right-of-
Way Landscaping) is APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION 2003/487
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66462 and§66463)
Subdivision: 8531 "Maybeck Park" Effective[late.
Subdivider: Janin Associates Completion Period: 1 year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER: (Name and Title)
Maurice M. Shiu, Public;Works Director Janin Associates
By: ; # 't 1' /' f -LA (signature)
{print names t
t � -.. Andrew A. Morse—General Ptr.
RECOkIMEIiDEQ FOR APPROVAL:Y: i
Engi6EftrjndS& is s Div {y mname&!Fife)
Robert Stephens-General Ptr.
FORM APPROVED: Victor J.Westman, County Counsel
(NOTE:All signatures to be acknowledged. If Subdivider is incorporated,
signatures must conform with the designated representative groups
pursuant to Corporations Code§313.)
1. PARTIES&DATE. Effective on the above date,the City of County of Contra Costa,California,hereinafter called"CQun�,"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 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).
Subdivider 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 Cede§§66410 and following),in a good workmanlike manner,in
accordance with accepted construction practices and in a mariner 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,the Subdivider 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 of
$ ?4,i3 Q Q , QQ which together total one hundred percent(100%)of the estimated cost of the work. Such
addit€anal 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,the Subdivider 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.
S. For Pavment: Security in the amount of$ ,5 0 B.0 B which Is fifty percent(50%)of the estimated cost
of the work. Such security is presented in the form of:
Gash,certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or
furnishing labor or materials to them or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount
securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Subdivider guarantees that said work shall be free from defects in material or
workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete
in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his 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.
6. PLANT ESTABLISHMENT WORK. Subdivider 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 Warks Department to be necessary to insure establishment of plants.Said plant
establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At
the discretion of the County,bids may be released after final acceptance of landscaping improvements by the County.
6. IMPROVEMENT PLAN WARRANTY. Subdivider warrants the improvement plans for the work are adequate to accomplish the
work as promised in Section 2 and as required by the Conditions of Approval for the Subdivision. If,at any time before the Board of
Supervisors accepts the work as complete or during the one-year guarantee period,said improvement plans prove to be inadequate in any
respect,Subdivider shall make whatever changes are necessary 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 Subdivider of his obligation to fulfill this agreement as prescribed;nor shall the County be thereby be stopped from bringing any
action for damages arising from the failure to comply with any of the terms and conditions hereof.
8. INDEMNITY: Subdivider shall hold harmless and indemnify the indemnitees from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this promise are the County,and Its 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,claire or damage was unforeseeable at any time before the County reviewed said
improvement pians or accepted the work as complete,and including the defense of any suit(s),action(s),orother proceeding(s)concerning
said liabilities and claims.
C. The actions causing.liabi€ity are any act or omission(negligent or non-negligent)in connection with the matters covered
by this Agreement and attributable to the Subdivider,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: Subdivider shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities
required thereby.
10. SURVEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AND COSTS: If Subdivider falls to complete the work within the time specified in this Agreement, and
subsequent extensions, or falls to maintain the work, the County may proceed to complete and/or maintain the work by contract or
otherwise,and Subdivider agrees to pay all costs and charges incurred by the County(including,but not limited to: engineering,inspection,
surveys,contract,overhead,etc.)immediately upon demand.
Subdivider hereby consents to entry on the subdivision property by the County and its forces,including contractors,in the event
the County proceeds to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even if
Subdivider subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the
work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County In connection therewith,even if
Subdivider 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,the 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 Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally.
13. RECORD MAP. in consideration hereof,County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision,
:kw:lap
GAGrpDa1WEng8vciForms\AG wt1RMAG-30A.doc
Rev.May 18,2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of CALIFORNIA OPTIONAL SECTION
County of COMA COST. CAPACITY CLAIMED BY SIGNER
On 7 before me, A.J.QTR
DATE , NOTARY PITRT.IC Though statute does not require the Notary to fill in
DATE NAME,TITLE OF OFFICER E.G.,"SANE DOE,NOTARY PUBLIC" the data below,doing so may prove Invaluable to
personally appeared ANDREW A.MORSE AND ROBERT STEPHENS
persons relying on the document.
NAME(s)OFSIGNBR(s) INDIVIDUAL
{ personally known to me-OR-❑ proved to me on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S)
be the person(s)whose name(s)is/are TITLE(S)
subscribed to the within instrument and
acknowledged to me that he/she/they executed ❑ PARTNER(S) C LIMITED
t,f.,�QTH the same in his/her/their authorized
4,e capacity(ies),and that by his/her/their 11 GENERAL
C0WA ;:sr� ❑ ATTORNEY-IN-FACT
NOTr,ky FU3l.iC-GAI.,C ftDi'A signature((}on the instrument the person(() !
` ► the entity upon behalf of which the person(()) ❑ TRUSTEE(S)
CONTRA COSTA CO acted,executed the'instrument. L� GUARDIAN/CONSERVATOR
Cokth+4 P..lUNE 24, C OTHER:
WITNESS
{may han4 and official seal, SIGNER IS REPRESENTING:
�; Cc (NAME OF PERSON(S)OR ENfITY(IES))
SIGNATURE OF NOTARY
OP'T'IONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the data below is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment 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 County.
I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The
name must be signed exactly as it is typed or printed.
Il. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
III. SIGNATURES FOR PARTNERSHIPS - Si ring party must be either a general partner or be authorized in writing to have
the authority to sign for and bin e partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should e signed y two o icers,one from each of the following two groups:
GROUP 1. (a The Chair of the Board
{{{{b The President
c Any Vice-President
GROUP 2. Ja The Secretary
b An Assistant Secretary
c The Chief Financial Officer
d The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of 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 group,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."
JC_mw
�\PWSd`SHARUATANGtpDatalEngSve\For kWORD FORMS\ALL PURPOSE NOTARY.doc
t ;�t aat�l:
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT /o
FFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER.
MARTINEZ,CALIFORNIA t
RECEIVED FROM
ORGANIZATION NUMBER 1.2
'•wPL
(Orponinpp'tion)
c g ,
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. SUB' TASK OPTION ACTIVITY AMOUNT
ACCL
$ 1
, 'a a 1"i*!� q
f I
i I
p so t
I
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I
- 1_1
42f S I{ 'I
1
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I LAVATION: 3 TOTAL $ I
_63�4 DEPOSIT 7 #
{ m�_ ( } Deposit consists of the fallowing ite
C N and CURRENCY $
• �r ��CKS,M.O.,ETC. $
v, ...}� < t f k C { Y/ �' / t, ;.. BANK DEPOSITS A
r OR AUDITOR-CONTROLLER USE ONLY
�• t r� �� k,' ✓t�t f',• ��,(.;� �- ;-w�'� ¢. �'�r'c;a� (� ." 'f t?" _ F /'' 'S ¢f rs�
DEPOSIT
PNUMBER DP
DATE 408869 JUL
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 Treasury. acknowledged.
.Sig �t a.;..�,
t Signed: } Signed;
4//_-EXT, _ Deput aunty Audito Deputy County Treasurer
D-34 REV.(7-93) _ �
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
(, _,bFFtCE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER:
MARTINEZ,CALIFORNIA
RECEIVED FROM
ORGANIZATION NUMBER
� t (Clrgtania�flon)
v;
(Par Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. SCUP TASK OPTION ACTIVITY AMOUNT
T l s k
.r. i
l
#
t
!
#
f
#
#
#
#
#
#
}
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#
#
}
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EXPLANATION: TOTAL $ #
DEPOSIT #
Deposit cors ' of the following items
COIN and CURR $_
CHECKS,M.O.,ETC.
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONL
DEPOSIT
NUMBER
b C
DATE
NED
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amou hereby
deposit into the County Treasury. acknowledged.
ocvi
x Da#e�
Ti EXT. r„ ,J Signed: Deputy.0 ? Signed, de'
ty Auditor Deputy County Treasurer
D-34 REV.(7.93) i
0648-9140 / 812100: 61116868, $1,804.00, MS 21-93 Drainage Mitigation
Fee (Green Valley Creek), Diablo Valley Estate Company,LLC, 101 Ygnacio
Valley Rd, Ste 330, Walnut Creek, CA 94596
0649.9665 / 831000: 61116871, $9,020.00, 060015, Drainage Acceptance
Plan Review Deposit, Windemere Phase II, Water Quality Pond 6,
Windemere BLC LLC, 3130 Crow Canyon Pl, #310, San Ramon, CA 94583
0649-5665 / 831000: 61116872, $14,780.00, DG 0025, Drainage
Acceptance Plan Review Deposit, Windemere Phase II, Water Quality Ponds
7&8, Windemere BLC LLC, 3130 Crow Canyon Pl, #310, San Ramon, CA 94583
819800-0800: 61116869, $1,000.00, Sub 8531, Cash Bond for Landscaping,
Janin Assosci+ates, 957 Stow Lane, Lafayette, CA 94549
819800-0800: G1116870, $2.905.00, Sub 8531, Cash Bond, Janin
Assosciates, 957 Stow Lane, Lafayette, CA 94549
819800-0800: 61116873, $64,500.00, RA1142, Performance Cash Bond
(civil), Windemere Phase II Backbone, Windemere BLC LLC, 3130 Crow
Canyon Pl, #310, San Raman, CA 94583
813800-0800: G1116876, $12,900.00, RA8712, Performance Cash Bond
(civil), Windemere Phase II, Village 20, Windemere BLC LLC, 3130 Crow
Canyon Pl, #310, San Ramon, CA 94583
819800-0800: G1116880, $10.100900, Sub 8713, Performance Cash Bond
(civil), Windemere Phase II Village 21, Windemere BLC LLC, 3130 Crow
Canyon Pl, #310, San Ramon, CA 94583
819800-0800: 61116884, $15,200.00, Sub 8714, Performance Cash Bond
(civil), Windemere Phase II Village 22, Windemere BLC LLC, 3130 Crow
Canyon Pl, #310, San Ramon, CA 94583
8198010-0800: G1116888, $16,400.00, Sub 8715, Performance Cash Bond
(civil), Windermere Prase II Village 23, Windemere BLC LLC, 3130 Craw
Canyon Pl, #310, San Ramon, CA 94583
Subdivision: 8531
Band No.: 183555
PREMIUM $ 480.00
IMPROVEMENT SECURITY BLIND
FOR PUBLIC DIGHT OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code Sections 66462 and 56463)
1. REciTAL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to
install and pay for public right of way landscaping, and other related improvements in Subdivision
8531 as specified in the Subdivision Agreement(Right of Way Landscaping), and
to complete said work within the time specified for completion in the Subdivision Agreement(Right of Way
Landscaping), all in accordance with State and local laws and rulings thereunder in order to satisfy
conditions for filing of the Final Map or Parcel Map for said Subdivision.
2. OBLIGATION: JANIN ASSOCIATES ,asPnincipal,and
AMERICAN CAN CONTRACTORS INDEMNITY COMPANY ,a corporation organized existing under the laws
of the State of CALIFORNIA and authorized to transact surety business in
California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors, and assigns to the County of Contra Costa, California to pay it:
A. Performance and Guarantee. Twenty four Thousand
Dollars,,($ 24, 000.00 ) for itself or any city assignee under the above County
Subdivision Agreement,plus
B. Payment: Twelve Thousand Five Hundred
Dollars ($. 12,500.00 1 to secure the claims to which reference is made in
Title XV (commencing with Section 30$2) 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 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 is 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
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 costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County (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 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 such
work or labor, that said surety will pay the same in an amount not exceeding the amount herein
above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact
amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County (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 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 15 (commencing with Section
3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the condition of this bond be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by
the Principal and the County shall relieve any Surety from liability on this bond; and consent is
hereby given to make such alteration without further notice to or consent by 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 Principal whenever taken.
SIGNED AND SEALED on JULY 16TH, 2003
AMERICAN CONTRACTORS
PRINCIPAL: JANIN ASSOCIATES SURETY: INDEMNITY COMPANY
Address: 957 Stow Lane Address: 9841 AIRPORT BLVD. , 9TH FLOOR
City:Lafa ett , C' Zip: 94549 City:LOS ANGELES, CA 0045
By: By-
Print Name:
Andrew A. Morse '`Print Name: KEITH SANDROCK JR.
Title: General P=artner Title: ATTORNEY IN FACT
:mw
\\PWS1\SHARDATA\GrpData\EngSvc\Fonns\BN WORMBN-32A.doc
Rev.June€7,1999
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of CALIFORNIA OPTIONAL SECTION
County of CUNM COSTA CAPACITY CLAIMED BY SIGNER
On 7-15-03 before me, A.J.BOOTH, NOTARY PUBLIC Though statute does not require the Notary to fill in
DATE NM,111,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC" the data below,doing so may prove invaluable to
persons relying on the document.
personally appeared ANDREWA.Ml�RSE {
NAMES)OF SIGNER(S) fi1i7NlDIJAL
P3 personally known to me-OR-❑ proved to me on the basis of satisfactory evidence w ❑ CORPORATE OFFICER(S)
be the person(s)whose name(s)is/are TITLE(S)
subscribed to the within instrument and
acknowledged to me that he/she/they executed ❑ PARTNER(S) ❑ LIMITED
the same in his/her/their authorized
K J. BOOTH capacity(ies),and that by his/her/their d GENERAL
t~C3W14 *135i35E�B Cl ATTORNEY-IN-FACT
NOTARY PU8U(-MWORNtIA signatures)on the instrument the person(s)or ❑ TRUSTEE(S)
CONTRA CC STA Co N I l� the entity upon behalf of which the person(s) C GUARDIAN/CONSERVATOR
CO> .EXP,.JUNE 24.2W6 A acted,executed the instrument.
❑ OTHER:
WWSS n hand a d o ficial seat,
r �� fr,, SIGNER IS REPRESENTING:
j 5 (NAME OF PERSON(S)OR ENTITY{IES))
SIGNATURE OF NOTARY
OPTIONAL,SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages
Though the data below is not required by law,it may prove valuable Date of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment 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 County.
I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The
name must be signed exactly as it is typed or printed.
II. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have
the authority to sign for and bind the partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should e signe y two officers, one from each of the following two groups:
GROUP 1. {a}The Chair of the Board
b The President
c Any Vice-President
GROUP 2. aThe Secretary
jb An Assistant Secretary
c The Chief Financial Officer
d The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of 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 group,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.,,
JC:mw
5151,,P__SWS4i SHARDATAVGtpData\EngSyc\Fornu1WORD FORMSIALL PURPOSE NOTARY.doc
American Contractors Indemnity Company
V � ✓
9841 Airport Blvd.,9th Floor,Los Angeles,California 90045 05-3808
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
That American Contractors Indemnity Company of the State of California,a California corporation does hereby appoint,
Keith Sandrock,Jr.,or Aimme M. Schlosser of Pleasanton, CA
Its true and lawful Attomey(s)-in-Fact, with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts
of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an
Amount not to exceed$ *** St1(a()nf3 BBDollars*** . This Power of Attorney shall expire without further action on
September 27,2005.
This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the fallowing Resolution adopted
by the Board of Directors of AMERICAN CONTRACTORS INDEMNITY COMPANY at a meeting duly called and held on the 6th day
of December, 1990.
"RESOLVED that the Chief Executive Officer, President or any rice President, Executive Ince President, Secreetary or Assistant Secretary, shall have
the power and authority
1. To appoint Attorneys)-in-Fact and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto,
bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and,
2. To remove,at any time, any such Attorney-in-fact and revoke the authority given.
RESOLVED FURTHER, that the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate
relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and
binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the
Company in the future with respect to any bond or undertaking to which it is attached."
IN WITNESS WHEREOF, American Contractors Indemnity Company has caused its seal to be affixed hereto and executed by its
President on the I st day of September,2000.
TO, �yd AMERICAN CONTRACTORS INDEMNITY COMPANY
�C4RPDRATED
- SEPT.26,199!
By.
Andy T.Faust,Jr.,Corporate President
STATE OF CALIFORNIA §
COUNTY OF LOS ANGELES §
On this I st day of September,2000 before me,Norma J.Virgilio,a notary public,personally appeared Andy T. Faust,Jr.,Corporate
President of American Contractors Indemnity Company,to me personally known to be the individual and officer described herein,and
acknowledged that he executed the foregoing instrument and affixed the seal of said corporation thereto by authority of his office.
WITNESS my hand and official seal NoRmA J.mr.1LlO_ Cornrn"ion#1=310
Notary Public-Calftmia
Lot Anpaba County
Norma J.Virgilio,Notae MVCWm E4hfr Sep 27,2W6
I, JAMES H. FERGUSON, Corporate Secretary of American Contractors Indemnity Company, do hereby certify that the Power of
Attorney and the resolution adopted by the Board of Directors of said Company as set forth above, are true and correct transcripts thereof
and that neither the said Power of Attorney nor the resolution have been revoked and they are now in full force and effect.
IN WITNESS HEREOF, I have hereunto set my hand this 16 day of JULY 200 3
Bond No. 183555
Agency No. #9005AFER����
JAMESy
rev.POA04/20/01
CALIF ORS NIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA }
COUNTY OF ALAMEDA �
fJENNIFER GAIMENTI NOTARY PUBLIC
On _ .� before me,
DATE NAME,TITLE OF OFFICER-E.G..,"JANE DOE,NOTARY PUBLIC"
personally appeared, KEITH SANDROCK, JR
personally known to me (or proved to me on the basis of satisfactory evidence)to be the
person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
WJETNN1FER"""*£7GHIM#1397748
uc cnL► reA
SEAL) A CdtlratYNC3T Y PUALIC SIGNATURE P.rE z 26o
OPTIONAL INFORMATION
THIS OPTIONAL INrOFL MATION SECTION I5 NOT REQUlREO BY LAW BUT MAY BE BENEFICIAL TO PERS0N*S RELYING ON HHfS NIOTAFLIZED DOCUME,4T.
TITLE OR TYPE OF.DOCUMENT
DAVE OF DOCUMENT NUMBER OF PAGES
SIGNER(S)OTHER THAN NAMED ABOVE
KEITH SANDROCK, JR [NONE]
SIGNER'S NAME SIGNER'S NAME
ATTORNEY IN FACT
AMERICAN CONTRACTORS INDEjvfNTTY COMPANY
RIOHT THUMMUNT MGHT THUVWKNT
I
4