HomeMy WebLinkAboutMINUTES - 11062001 - C.13 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on November 6, 2001, by the following vote:
AYES: Supervisors Gioia, Gerber , DeSaulnier , Glover and Uilkema
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2001/ 533
SUBJECT: Approve the Subdivision Agreement for Subdivision MS 18-98 being developed by
Rodeo Senior Apartments, Rodeo area(District II).
On September 25, 2001, this Board approved the Parcel Map (Resolution No. 2001/447) being
developed by the Contra Costa County Redevelopment Agency,without the need for a subdivision
agreement. Since that time the project has been sold to a developer"Rodeo Senior Apartments,Inc."
Therefore a subdivision agreement and related documents are now being required and approved by
this board.
The following documents were presented for Board approval this date:
I. Subdivision Agreement
A subdivision agreement with Rodeo Senior Apartments, Inc., subdivider,whereby
said subdivider 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:
I hereby certify that this is a true and correct copy of an
Originator:Public Works(ES) action taken and entered on the minutes of the Board of
Contact: Rich \ (313-2348) Supervisors on the date shown.
G:\GrpData\EngSvc\BOBO\2001\TentpVvlS 18-98.doc
CL:lad
cc: Public Works-R.Bnuno,Construction
Current Planning,Contmwtity Development
T-8-6-02 ATTESTED: November 06, 2001
Rodeo Senior Apartments,hu.
2169 E.Francisco Blvd.,#B JOHN SWEETEN Clerk of the Board of Supervisors
San Rafael,CA 94901 ' p
Redland Insurance Company and County Administrator
Attn: Lisa M.Lucas
350 Sansome Street,#1000
San Francisco,CA 94104 By , Deputy
RESOLUTION NO. 2001/, 533
SUBJECT: Approve the Subdivision Agreement for Subdivision MS 18-98 being developed
by Rodeo Senior Apartments, Rodeo area(District 11).
DATE: November 6, 2001
PAGE: 2
A. Cash Deposit
Deposit amount: $1,100.00
Deposit made by: EAH/Martin Mackey Development
Tax ID Number: 94-1699153
Auditor's Deposit Permit No. and Date: 376037, October 18, 2001
B. Surety Bond
Bond Company: Redland Insurance Company
Bond Number and Date: RED1086127
Performance Amount: $109,200.00
Labor&Materials Amount: $54,600.00
Principal: Rodeo Senior Apartments, Inc.
NOW THEREFORE BE IT RESOLVED 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;
BE IT FURTHER RESOLVED that said subdivision agreement is also APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2001/533
SUBDIVISION AGREEMENT
(Government Code S66462 and S66463)
Subdivision: MS 18-98 Subdivider: ROdeO Senior Anar'tlnent.c;, Tnc
Effective Date: Completion Period: 1 year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CONTRA COSTA COUNTY SUBDIVIDER
Maurice M.Shiu,Public Works Director
By:
RECOMMENDED FOR APPROVAL (M"toanw&title) Al in nnett
Assistant Secretary
By: (Si )
En ervices Division (rri"t"am&title)
FORM APPROVED: Victor I. 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 S313.)
1. PARTIES&DATE. Effective on the above date,the County of Contra Costa,California,hereinafter called"County",and the above-mentioned
Subdivider,mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Subdivider agrees to install certain road improvements(both public and private),drainage improvements,signs,street
lights, fire hydrants, landscaping, and such other improvements (including appurtenant equipment) as required 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 Code SS66410 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,the Subdivider shall,pursuant to Government Code 566499,and the County
Ordinance Code,provide as security to the County:
A. For Performance and Guarantee: $ 1,100 cash,plus additional security,in the amount of$ 108 l On
which together total one hundred percent(100°/x)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,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.
B. For Payment: Security in the amount of$ 54,600 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,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.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 S94-4.406 and S94-4.408 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(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. Subdivider agrees to correct,repair,or replace,at his expense,any defects in said work.
The guarantee period"does riot apply to road improvements for private roads which are not to be accepted into the County road system.
5. 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 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. 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 obfigation 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,claim or damage was unforeseeable at any time before the 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 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 speeification(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 fails to complete the work within the time specified in this Agreement,and subsequent
extensions,or fails 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. INCORPORATfON/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,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. 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 Subdivider to .file and record the Final Map or Parcel Map for said Subdivision.
RL:mw:kw
G:\GrpUata\EngSvc\Forms\AG WORO\AG-30#2.doc
Rev. April 6,2000
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of 0 Ll �(n I Gl OPTIONAL SECTION
County of M Otf 1 n CAPACITY CLAIMED BY SIGNER
On Qd• (01,1001,before me,f-S. " il, N o p f`'� F A KI C Though statute does not require the Notary to fill In
DATE NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC" the data below,doing so may prove invaluable to
i
personally appeared 1 V I &Dn h e-t-� persons relying on the document.
NATIE(S)OFSIGNER(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/afe TITLE(S)
E.S.FONG subscribed to the within instrument and
Commission# 12D6754 acknowledged to me that he/shekhey executed ❑ PARTNER(S) ❑ LIMITED
the same in his/herA itoir authorized ❑ GENERAL
i Ap Notary Public-CaGfpnia capacity(ies),and that by his/lxnOd eir
Motrin County signature(s)on the instrument the person(s)or ❑ ATTORNEY-IN-FACT
My Comm.apir sJan2,2XG the entity upon behalf of which the person(s) ❑ TRUSTEE(S)
acted,executed the instrument. ❑ GUARDIAN/CONSERVATOR
❑ OTHER:
WITNESS nIy hand and official seal,
SIGNER IS REPRESENTING:
(NAME OF PERSON(S)OR ENTITY(IES))
SIGNATURE' F TARY
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 - Si%ring party must be either a general partner or be authorized in writing to have
the au ority to sign for and bind the partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should be signed by 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
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
\\PWS4`SIIARDATA\GrpData\EngSvc\Fornv\WORD FORMS\ALL PURPOSE NOTARY.doc
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Rev Adg\�sf],:�q01
BOARD OF DIRECTORS OF
RODEO SENIOR APARTMENTS, INC.
AUTHORIZING RESOLUTION
RESOLUTION APPROVING AND AUTHORIZING THE ACQUISITION OF
THE PROJECT SITE AND THE EXECUTION OF DOCUMENTS RELATING TO
THE ACQUISITION AND FINANCING OF RODEO SENIOR APARTMENTS
At a duly convened meeting of the Board of Directors of
Rodeo Senior Apartments, Inc. , a California nonprofit ublic
benefit corporation (the "Corporation" ) , held on
2001, the following resolutions were adopted:
WHEREAS, the Board of Directors discussed the acquisition of
the 1 . 09-acre site on Willow Avenue in Rodeo, California, for the
development of a 50-unit senior residential project known as
Rodeo Senior Apartments (the "Project" ) ;
WHEREAS, the Corporation or the Corporation' s sponsor EAH,
Inc . applied for the following predevelopment, acquisition,
construction and permanent loans and grants, which are to be made
to the Corporation or assigned to the Corporation, for the
purpose of financing the acquisition, construction, and operation
of the Project :
1 . A predevelopment, construction and permanent loan from
the Contra Costa County Redevelopment Agency (the "Agency" ) in an
amount not to exceed $1 , 500, 000;
2 . A CDBG/HOME loan from the County of Contra Costa in an
amount not to exceed $2 , 100 , 000 ;'
3 . A FHLB Affordable Housing Program grant from Bank of
America Community Development Bank in the amount of $217, 500 ;
4 . A grant from Bank of America Community Development Bank
in the amount of $5, 000;
5 . A grant from the Cowell Foundation in the amount of
$200 , 000 ; and
6 . such other loans and grants in such amounts as may be
necessary for all predevelopment activities and the acquisition,
development, construction and operation of the Project ; and
WHEREAS, EAH has obtained certain financing, entered into
certain contracts and agreements, and incurred certain costs
relating to the Project, which should be assigned to and assumed
by the Corporation; and
Res-2ndloan Rodeo
WHEREAS, it is deemed desirable and in the best interests of
the Corporation to acquire the Project site, accept the above-
referenced financing on the terms and conditions offered and/or
required by the lenders, and assume the loans, grants, contracts,
agreements and costs from EAH.
NOW, THEREFORE, BE IT RESOLVED: That the Board of Directors
hereby approves the purchase of the Project site from the Contra
Costa County Redevelopment Agency pursuant to the DDLA between
the Agency and EAH dated May 21, 1999, as amended.
FURTHER RESOLVED: That the Board of Directors hereby
approves all of the financing identified above .
FURTHER RESOLVED: That all transfer and acquisition
documents, all promissory notes, deeds of trust, security
agreements, financing statements, loan agreements, regulatory
agreements, residual receipt agreements, grant agreements,
assignment of .contracts and other agreements, other collateral
loan, grant and other financing documents, and all amendments,
renewals and extensions thereof (collectively the "Acquisition
and Financing Documents" ) required by any of the lenders of the
above-referenced financing are hereby approved, subject to the
approval of the final form and content of each Acquisition and
Financing Document by any officer of this Corporation with the
advice of counsel, which shall be evidenced by the execution of
the Acquisition and Financing Documents .
FURTHER RESOLVED: That the assignment to and the
Corporation' s assumption of the Agency loan and grants made to
EAH, all contracts and agreements made by EAH, and all costs
incurred by EAH in connection with the Project are hereby
approved.
FURTHER RESOLVED: The Board of Directors hereby directs and
authorizes the Corporation' s execution of all Acquisition and
Financing Documents and all assignment and assumption agreements
with EAH (the "Assignment Agreements" ) by one of the following
officers of the Corporation:
Name nffic_e
Joe Walsh President
Roger C. Steiner Secretary
Alvin Bonnett Assistant Secretary
Judy Williams Assistant Secretary
FURTHER RESOLVED: That upon the .execution of the
Acquisition and Financing Documents and the Assignment
Agreements, the Acquisition and Financing Documents and
Assignment Agreements shall be delivered to the appropriate
lenders, and when required by a lender, the Acquisition and
Financing Documents and Assignment Agreements shall be recorded
Res-2ndloan Rodeo
with the Contra Costa County Recorder' s Office or filed with the
Secretary of State, as the case may be .
FURTHER RESOLVED: That any one of the above-referenced
officers of the Corporation is hereby authorized and directed to
take any and all actions as may be deemed necessary or required
by the lenders to close the financing for the Project, to perform
and carry out the obligations of the Corporation under the
Acquisition and Financing Documents and Assignment Agreements,
and to do all other things and make such payments as may be
necessary or desirable for the purpose of rendering the
Acquisition and Financing Documents and Assignment Agreements
valid and binding obligations of the Corporation.
FURTHER RESOLVED: That any one of the above-referenced
officers of the Corporation is hereby authorized and directed to
take any and all other actions as may be deemed necessary or
required to develop and operate the Project, including entering
into all other contracts and agreements necessary or desirable
for the construction and operation of the Project, including
without limitation obtaining completion and payment bonds and
fidelity bonds .
PASSED AND ADOPTED onL�s;,s f 2001, by the following
vote : '
AYES : 3
NAYS : a
ABSENT:
The undersigned, Secretary of the Corporation, certifies
that the foregoing is a true and full copy of the resolutions
adopted by the Board of Directors at the duly convened meeting on
the date stated above, which have not been amended or repealed,
and which are in full force and effect as of the date below.
DATED: 3 L4- � 2001
_
Secr ary
Res-2ndloan Rodeo
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
TO THE TREASURER:
MARTINEZ,CALIFORNIA
RECEIVED FROM
ORGANIZATION NUMBER
_ (Organimfiw)
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. SUB' TASK OPTION ACTIVITY AMOUNT
ACCT.
$ 95
Sla L L (. F [ /2 IJ 1
F
LvP 'T"P,
Le
� 06
6 L_V:R;i C
Nr� � �,� ) •� I� j'�!L .1 �� �p�UUP C� 5/v��G[�
L!� ` `'U -- ato'l �' `111� 1 > UUU3j0 `� `lS (��LvfJ
EXPLANATION: =/1'F, - c;;__ ; (_./[.'!e ;'_a .;,� TOTAL $ /J a
►�L%� /� - C:, ji..(� i,•:'.r� �y !/_ Ic/, DEPOSIT p13,
Dep-osit.-consists of-the-following items
• 4-1;J : !L S'. `(O� � `COIN and.LWRRENCYf
CHECKS,IJv Q�TC.� $
I ob BANK DEPOSITS $ � 3� 5
(i _ FOR AUDITCIR-CONTROLLER USE ONLY
(L. (". .� DEPOSIT
PERMIT DP
NUMBER CLI
�y '}
DATE NED ��Cti4i �f �lr t 1���01.l
ASSIG
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of abg9v"e mount is he.reb� i
deposit into the County Treasury. acknowledge}i.
.Signed: �:f r•t' tJ j
Date
9 i Aou� Signed: �
�- �� :(.: Signed:Title: jV1(.��`j` ACy—T i(W EXT. .� � > �`t DePuy Count Au •tor Deputy County Treasurer
Lj
D-34 REV.(7-93) -
�,�. '�(%, �}'�r L�"� ��!�'•'k'r�", j�T��1 r`��:�z�-9 ;� dCa l/t:l iR io i 1
• COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
_a--J OFFICE OF COUNTY AUDITOR-CONTROLLER _
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM
ORGANIZATION NUMBER
(ortpnimrion)
(For Cash Collection Procedures see County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG. SUB' TASK OPTION ACTIVITY AMOUNT
ACCL
I
�1 5T _ -_--- $ lv-�U icy L
I
I
I
I
I
I
I
I
I
I
I
I
I
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I
I
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I
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EXPLANATION: TOTAL $ I
DEPOSIT
Deposit consists of the following items
COIN and CURRENCY $
.CHECKS,M:O:;•ETE." $ _
BANK DEPOSITS - $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT -- 7�
PERMIT p� P �—��' '7 I
NUMBER
DATE G; / O
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 r1 . Date
1 Signed: (� t
Signed:
-tl ' 1 EXT.
Deput C unty Audito Deputy County Treasurer
D-34 REV.(7-93) } �.
0649-9665 / 831000: 61061260, $8,620.00, OP3001-99,
Metropolitan Life Insurance Co, One North Broadway, Ste 500,
White Plains, NY 10601
0649-9665 / 831000: G1061261< 5,150.00, Encroachment Permit
SR4004, R & O Construction, 933 Wall Ave, Ogden, UT
0649-9665 / 831000: 61061263, $500.00, Record of Survey,
R52599, Bravo Building Co Inc, 539 Garcia Ave, Ste A, Pittsburg,
CA 94565
0649-9665 / 831000: 61061264, $500.00, Record of Survey,
R52602, Kelly - Son & Associate General, 5848 Mitchell Canyon
Ct, Clayton, CA 94517-1335
819800;-G1061262-$�1=1=0:0z.0:0-M5--f8=:9_8_,_E.A:HLMartJ Mackey
ti.. �- -�
Q.f_ael_,_CA=94901--
rDeve-Fund;2`169-E-Francisco Blvd;Ste.B;San R
Subdivision: Rodeo Senior Housing Project
Bond No.: RED1086127
IMPROVEMENT SECURITY BOND
FOR SUBDIVISION AGREEMENT
(Performance, Guarantee and Payment)
(California Government Code §§ 66499 - 66499.10)
RECITAL OF SUBDIVISION 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 MS 980018 as specified in the subdivision agreement and to complete said work within
the time specified for completion in the subdivision agreement, all in accordance with State and local laws
and rulings thereunder in order to satisfy conditions for filing of a final map or parcel map for said
subdivision.
2. OBLIGATION: Rodeo Senior Apartments, Inc, as principal and
Redland Insurance Company , a corporation organized and
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. One hundred nine thousand two hundred and no/100=--
Dollars ($ 109,200.00 ) for Contra Costa County or any city assignee under
the above County Subdivision Agreement.
B. Payment: Fifty four thousand six hundred and no/100------------- Dollars
($ 54,600.00 )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
-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.
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 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 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 October 11, 2001
PRINCIPAL: Rodeo Senior Apartments, Inc. SURETY: Redland Insurance Company
Address: 2169 E. Francisco Blvd. , #B Address: 350 Sansome St. , #1000
City: San Rafae CA Zip: 94901 City: San Frnacisco, CA Zip: 94104
By: By. ��.c=� %
`
Print Name: Alvia (��,nne�' Print Name: Lisa M. Lucas _
Title: Title: Attorney-in-Fact -
JD:mw:lap
GAGrpData\EngSvc\Forms\BN WORD\BN-12.doc
Rev.November 28,2000
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of CALIFORNIA
County of ALAMEDA
On October 11, 2001 before me, VERONICA RAMIREZ
DATE NAME,TITLE OF OFFICER-E.G..'JANE DOE,NOTARY PUBLIC-
personally appeared LISA M. LUCAS
NAMES)OF SIGNER(S)
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 ac-
knowledged 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
ti- --person(s) acted, executed the instrument.
�— VERONICA RAMIREZ
�. Commission 012SM&
" l ySanta C1¢�IDI County Notary�" 'Ca fOrr'�® _ . WITNESS my hand and-off icial seal.
SIGNATURE OF NO Y
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
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ❑ LIMITED
❑ GENERAL
ATTORNEY-IN-FACT -NUMBER OF PAGES
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR
❑ OTHER:
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTTrY(IES)
— SIGNER(S)OTHER THAN NAMED ABOVE
01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Geroge Park,CA 91309-7184
.. � .,
._ _»..�. .�._ __ _.. .., .. _ ..t}�
'roil; � � .. �,
Ste:'.. !: . ._.� � �- ':].
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.... .. ......------ ............
REDLAND INSURANCE COMPANY
POWER OFATT RNEY
Is.
> RED. 1086=12
KNOW ALL:M EN:BY THESE PIR ESEN-rs,THAT REDLAND INSURANCE COMPANY does hereby make,constitute
StilLite anilappoint,-
ARD STINSTO.O.VER VERONICA RAMIREZ
S.RICH ANDREW H.KAMMERER LISA LUCAS OF PLEASANTON,
-ue an law u -nev-in- -e,execute an -takings
�4 1, its ti d t' I Afton Fact to mak d deliver on its behalf bonds Undei and other' nts of similar nature
,�j 1,.. 1 ... . . . .Instrum.e.
a follow j
s s:
N
WITHOUT LIMITATIONS A&TO TYPE AND AMOUNT.
it
�A
I.
o e
-iley is granted and sealed under and by the authority of'tile following ReS011.111i d card ot'Directors''t' h
This-Power of Attoi oil adopted by the.Board 9 9
i:. Company on the 18" day of'October, 1993.
,RESOLVED,that.the Chairman of the Board,the President,ail Executive Vice Pregident.or a Vice,President be,and that each ciEtfitiril is,;
xecute Powers -in-Fact AO!
authorized to.e of Attorneycidalil'ying the Attorney named in the given Power..ol`Attomey to execute in behalf 'n
9
Company;bonds,undertakings.and other instruments o(Similar nature,and said officers may rename:any
-any s6ch.Attomey..jifi-Fact or.;;ageniafid.
-evoke.any
..y
<
Power of Attorne previously granted to Such person.
FARTHER RESOLVED,that an'Assistant:Secretary be,and that each,or any of:them hereby is,authorized to:attest the exec ution,of iirfy sucl
Power of Attorney,and to.attach
thereto the.seal ot'the.Corrip.any.
FURTHER RESOLVED,that the signatures of suc i officers cers and the seal of'the Company.niay be affixedlo any such PdwerofAttorney of
certificate relatingthereto by facsimile,and any such Power of certificate bearing such facsimile signatures or t_acsimil 'i� h 11'
e sea s a
:':be binding upon the company..wheh%s.0 affixed and in the future with to any bond,undertaking of instruments of similar nature whlchit'��.'..-
T .i' ;
is attached." ✓
t
IN WITNESS WHEREOF,REDLAND INSURANCE COMPANY has caused its offici seal I se
at to be'hereui to affixed,ifid the presents to be
signed by its:President this 15th day of September, 1999.
ATE tREDLAND INSURANCE COMPANY:
ttest: 4
A %—
R
U AIVC
By
..........
0, 0
�A
SEAL
PETER A.KNOLLA
ti
Fr
Secretary
President
STATE OF IOWA
sms.: Council Bluffs
COUNTY OF POTTAWATTAMIE w I
0 tf�s.l 5"'day of September, 1990 before me personally came John P.Nelson,tome known,who-being
On y me duly�lsxvom,did dep6�.and say'....
that hdescribed in and which executed the above;instru
I knows the sea]of the said corporation,
is President INSURANCE COMPANY the corporation if : instrument;that lie 4
orporaii6n,that the sea]affixed to the said d&ument.is such corporate seal;thatit was so affixed b
y qrde.r`61 the
thereto by like order..
.t.!A Board of Dircuors of that h
of corporation and e signed his name
Z
4f JEANETTE ALD
REDGE
f
`1~w itI Wo, S%..
MY.COMMISSION..rEXPIRE JEANETTE ALDREDGE
!NOTARY PUBLIC'.
3-15-2002
My Commission Ek ies March 15,2002
N)
sA
1,the uiric[6-signed Vice President of REDLAND INSURANCE COMPANY all Iowa c i_p oration;DO HEREBY C EktIFY.thkille foregoingng
and attached Power.6fAttomey remains in full force and has not been revoked and furthermore that the Resolution ot'llie Board.of Directors,s8t,,�:,.
-
forth-in the said Power ofAttomey,.is now in force.
.11th ctober 200
Signed and sealed at the:c ity of Codnc i 1.Bluffs,in the State of Iowa,dated file day of 0.
>
t JOHNSVOBODA
J(
VicePre'slident a I
THIS DOCUMENT ISNOT VALID UNLESS PRINTED ON GREY.SHADED;BACKGROUND:WITH A RED SERIAL NUMBER IN THE
UPPER RIGHT HAND CORNER. THE BACK OF THIS DOCUMENT:%CONTAINSAN ARTIFICIAL:%1WATERMARK'HOLD
t
EV ANGLE TO VI EW"IF YOU HAVE ANY QUESTIONS CONCERNING THE AUTHENTICITY OF THIS DOCUM ENT.-YOU AR0
URGED.i
S DI N
TO CONTACT OUR POWER OF ATTORNEY CU TO A AT 1-800-394-7806::%
10/99