HomeMy WebLinkAboutMINUTES - 01132004 - C1-C5 TO: BOARD OF SUPERVISORS Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: January 13, 2004County
p
4 Costa
SUBJECT: APPROVE AND AUTHORIZE a contract with the California Highway Patrol
at a cost not to exceed $50,000, Countywide. (Local Road Funds) (All
Districts) [Project No. various]
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
1. RECOMMENDATION:
APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a
contract with the California Highway Patrol (CHP) for State provided traffic control on
County maintenance and construction projects at a cost not to exceed $50,000 for the
period of June 11, 2002 through June 10, 2003.
11. FINACIAL IMPACT:
The contract cost of$50,000 is available and will be paid from local road funds.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
_--------------__-----___---_----- ——___-_.--- ------_- ---------------------------_--__----------o_-�.-----------__ -------__ - ---
-1,::'RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
<,—Ai-F'ROVE OTHER
SIGNATURES): 1 '�
---------—----- �--------------------------------------------------------—-------------------_------------------
ACTION OF BOAFO NTY i APPROVE AS RECOMMENDED XX OTHER
s
VOTE OF SUPERVISORS 1 HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
`� 'UNANIMOUS(ABSENT IV ? AND ENTERED ON THE MINUTES OF THE
BOARD OF SUPERVISORS ON THE DATE
AYES: NOES: SHOWN.
ABSENT: ABSTAIN:
ATTESTED `7AE NTUARI'. 13, 2004
RBT:kd JOHN SWEETEN,CLERK OF THE BOARD OF
G:Maint\Kim\BO\801-13 SUPERVISORS AND COUNTY ADMINISTRATOR
Ong.Div: Public Works(Maintenance)
Contact: Rob Tavenier 313-7006 iy
cc: County Administration BY ,DEPUTY
Purchasing
Auditor Controller
P.W.Accounting
California Highway Patrol
SUBJECT: APPROVE AND AUTHORIZE a contract with the California Highway
Patrol at a cost not to exceed $50,000, Countywide. (Local Road
Fund's) (All Districts) [Project No. various]
[SATE: January 13, 2004
PAGE: 2
111. REASONS FOR RECOMMENDATION AND BACKGROUND:
The Public Works Department applies surface treatments to various roads throughout
the County in addition to regular maintenance work. Some of the roads scheduled for
treatment and maintenance work have relatively high traffic volumes. To promote
public and worker safety during surface treatment processesand some regular
maintenance activities the Department desired to enter into an agreement with the
Contra Costa Area Office of the California Highway Patrol for State furnished patrol
services to enhance traffic control in work zone(s). The Headquarters Office of the
California Highway Patrol has provided the County with a standard State of California
Department of California Highway Patrol Traffic Enforcement Agreement for execution
to accomplish the above goal.
Work was performed by the CHP during the contract period for this action, however
the County and the CHP never formally executed the necessary agreement to allow
the County to reimburse the CHP.
IV. CONSEQUENCES OF NEGATIVE ACTION:
The California Highway Patrol will be not be reimbursed for their efforts to provide
services to enhance the traffic control in maintenance and construction zones.
CHP 1R320001
SMV
STATE OF CALIFORNIA
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL ;
TRAFFIC ENFORCEMENT AGREEMENT
THIS AGREEMENT, made and entered into this I st day of June, 2002, by and between the State
of California, acting by and through Department of California.Highway Parol, hereinafter called
CHP, and Contra Costa County, hereinafter called COUNTY.
WITNESSETH: Ey and in consideration of the covenants and conditions herein contained, CHP
and COUNTY do hereby agree as follows:
1. The CHP agrees to provide to COUNTY, traffic control services June 11, 2002 through
June 10, 2003.
2. At the request of COUNTY, CHP Contra Costa Area shall provide Officers with vehicles and
coordinate all traffic control.
3. The Contract Coordinators for this agreement shall be:
Department of California Highway Patrol Contra Costa,County
Contra Costa Area Attn.: Greg Connaughton
Attn.: Officer Reginald R. Gayles 2475 Waterbird Way
Telephone: (925) 646-4980 Martinez, CA 94553-1427
Telephone: (925) 313-7014
4. The hours of duty performed by CHP Officer(s) under this agreement are those mutually agreed
upon by CHP Coordinator and COUNTY. Any changes to the proposed plan such as additional
hours, dates, and sites for traffic control can be requested anti/or on an"as needed" basis and must
be mutually agreed upon by the local CHP command and COUNTY.
5. The law enforcement services performed by CHP Officer(s) under this agreement, including the
standards of performance, discipline and control thereof, shall be the responsibility of CHP.
6. The CHP and COUNTY agree this agreement may be canceled by either party with`dirty(30) days
prior written notice.
7. In the event of an emergency, this agreement may be canceled by either party without notice.
8. Should CHP Officer(s)report to the assigned detail location and if for any reason CHP reassi"ns
the Officer(s) away from the detail, COUNTY shall be billed only for the Officer(s) actual time
incurred from CHP Area office to the service location and for the time spent at the assigned detail
location covered under the agreement.
CHP IR320001
Page 2
°. The CHP and COUNTY agree that this agreement may be amended by written mutual consent of
both parties hereto.
10. In consideration of the above services and upon receipt of an itemized invoice, COUNTY agrees to
reimburse CHP the actual costs in effect at the time services are provided. The following
information is a.cost estimate only:
CLASSIFICATION OVERTIME RATE
PER HOUR
FY 01/02 FY 02/03
Sergeant $59.96 $60.13
Sergeant Motorcycle 562.11 $62.28
Officer $49.31 549.46
Officer Motorcvcle $51.08 551.22
Vehicle Mileage Rate (per vehicle mile) $00.45 $00.52
Motorcycle Mileage Rate(per motorcycle mile) $00.89 $00.90
The total amount of the agreement shall not exceed fifty Thousand Dollars (S50,000.00).
11. It is understood by COLNI TY that billing of CHP Officers time shall be from portal to portal
(CHP Area office to the service location and return to CHP Area office)except as specified in
Paragraph 14.
12. unforeseen events may require CHP Officers to expend hours in excess of the original estimate.
13. The CHP shall provide COUNTY with an itemized invoice which details all CHP Officers costs for
the traffic control services performed under this agreement. The COUNTY agrees to pay CIDP
within thirty (30)days after the date of the invoice.
14. OTHER,REQUIREMENTS
If CHP Officer(s)has/have reported to the assigned location and worked less than four (4) hours,
COUNTY agrees to nay every assigned Officer(s) a minimum of four (4) hours overtime.
Exception: This does not apply to those cases when the hours worked are part of an extended shift.
15. CANCELLATIONS
a. The COUNTY shall not be charged for cancellations made more than 24 hours prior to the
scheduled assignment.
CHP 18320001
Page 3
b. The COUNTY agrees that ifcaneellation is made within 24 hours prior to the scheduled
assignment and the assigner) CHP Officer(s) cannot be notified of such cancellation, a
minimum of four (4) hours overtime shall be charged for each assigned CHP Officer.
c. The COUNTY agrees that if cancellation is made within 24 hours prior to the scheduled
assignment and the CHP Officer(s) is/are notified of such cancellation, COUNTY small only be
charged a short notice cancellation fee of$50.00 per assigned CHP Officer.
16. All cancellation notices to CHP must be made during normal CHP business hours of 8:00 a.m.
to 5:00 p.m., Monday through Friday, excluding le gal holidays.
17. The CHP agrees to make reasonable efforts to notify CHP Officer(s) of the cancellation.
18. The COUNTY agrees that additional charges may be assessed for CHP supplies, additional
equipment utilized, damage to property repaired or replaced at state expense, etc., which are
directly related to the services provided herein.
19. No additional gifts, donations, or gratuities may be accepted by CHP Officers on their own behalf,
or on behalf of the Department, informal squad club, or other local funds.
20. INN DEMNIFICATION
The COUNTY agrees to indemnify, defend and save harmless the state, its officers, agents and
employees from any and all claims and losses accruing, or resulting to any and all contractors,
subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or
supplying work services, materials, or supplies in connection with the performance of this
Agreement, and from any and all claims and losses accruing or resulting to any person, firm or
corporation who may be injured or damaged by COUNTY in the performance of this Agreement.
.........._.._. _. ... ....... ........ ........ ........._.. ........ ......
CHP 1R.320001
Page 4
STATE OF CALIFORNIA CONTRA COSTA CO
Department of California Highway Patrol
Administrative Services Officer SignatuleO
Ltbt10 AAda
Title
Date Date[—
Department
ate Department of California Highway Patrol Contra Costa County
Business Services Section 2475 Waterbird way
Attn.: Contract Services Unit Martinez, CA 94553-1457
P.O. Box 942898
Sacramento, CA,94298-0001
Approve As To Form b
r�
County A
.Authority: COUNTY Resolution
CHP I R320001
' SMV
STATE OF CALIFORNIA
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL ;
TRAFFIC ENFORCEMENT AGREEMENT
THIS AGREEMENT, trade and entered into this I st day of June, 2002, by,and between the State
of California, acting by and through Department of California Highway Patrol, hereinafter called
CHP, and Contra Costa County, hereinafter called COUNTY.
WITNESSETH: By and in consideration of the covenants and conditionsherein contained, CHP
and COUNTY do hereby agree as follows:
1. The CHP agrees to provide to COUNTY, traffic control services June 11,'2002 through
June 10, 2003.
2. At the request of COUNTY, CHP Contra Costa Area shall provide Officers with vehicles and
coordinate all traffic control.
3. The Contract Coordinators for this agreement shall be:
Department of California Highway Patrol Contra.Costa County
Contra Costa Area Attn.: Greg Connaughton
Attn.: Officer Reginald R. Gayles 2475 Waterbird Way
Telephone: (925) 646-4930 Martinez, CA 94553-1427
Telephone: (925)313-7014
4. The hours of duty performed by CHP Officer(s) under this agreement are those mutually agreed'
upon by CHP Coordinator and COUNTY. Any changes to the proposed plan such as additional
hours, dates, and sites for traffic control can be requested and/or on an"as needed" basis and mast
be mutually agreed upon by the local CHP command and COUNTY.
5. The law enforcement services performed by CHP Officer(s) under this agreement, including the
standards of performance, discipline and control thereof, shall be the responsibility of CHP.
6. The CHP and COUNTY agree this agreement may be canceled by either party with thirty(30) days
prior written notice.
7. In the event of an emergency, this agreement may be canceled by either party without notice.
8. Should CHF' Officer(s) report to the assigned detail location and if for any reason CHP reassigns
the Officer(s) away from the detail, COUNTY shall be billed only for the Officer(s)actual time
incurred from CHP Area office to the service location and for the time spent at the assigned detail
location covered under the agreement.
CHP IR.320001
Page 2
9. The CHP and COUNTY a;ree that this agreement may be amended by written mutual consent of
both parties hereto.
10. In consideration of the above services and upon receipt of an itemized invoice, COUNTY agrees to
reimburse CHP the actual costs in effect at the time services are provided. The following
iziforniation is a cost estimate only:
CLASSIFICATION OVERTIME RATE
PER HOUR
FY 01/02 FY 02/03
Sergeant $59.96 $60.13
Sergeant Motorcycle $62.11 $62.28
Officer $49.31 $49.46
Officer Motorcycle $51.08 $51.22
Vehicle Mileage Rate (per vehicle mile) $00.45 $00.52
Motorcycle Mileage Rate (per motorcycle mile) $00.89 $00.90
The total amount of the agreement shall not exceed Fifty Thousand Dollars ($50,000.00).
11. It is understood by COUNTY that billing of CHP Officers time shall be from portal to portal
(CHP Area office to the service Iocation and return to CHP Area office) except as specified in
Paragraph 14.
12. Unforeseen events may require CHP Officers to expend hours in excess of the original estimate.
13. The CHP shall provide COUNTY with an itemized invoice%which details all CHP Officers costs for
the traffic control services performed under this agreement, The COUNTY agrees to pay CHP
within thirty (30)days after the date of the invoice.
14. OTHER REQUIREMENTS .
If CHP Officer(s) has/have reported to the assigned location and worked less than four (4) hours,
COUNTY agrees to pay every assigned Officer(s) a minimum of four (4) hours overtime.
Exception: This does not apply to those cases when the hours worked are part of an extended shift.
15. CANCELLATIONS
a. The COUNTY shall not be charged for cancellations made more than 24 hours prior to the
scheduled assignment.
CHP 18.320001
Page 3
b. The COUNTY agrees that if cancellation is made within 24 hours prior to the scheduled
assignment and the assigned CHP Officer(s) cannot be notified of such cancellation, a
minimum of four (4) hours overtime shall be charged for each assigned CHP Officer.
c. The COUNTY agrees that if cancellation is made within 24 hours prior to the scheduled
assignment and the CHP Officer(s) is/are notified of such cancellation,,COUNTY shall only be
charged a short notice cancellation fee of$50.00 per assigned CHP Officer.
16. All cancellation notices to CHP must be made during normal CHP business hours of 8:00 a.m.
to 5:00 p.m., Monday through Friday, excluding legal holidays.
17. The CHP agrees to make reasonable efforts to notify CHI' Off cer(s) of the cancellation.
18. The COUNTY agrees that additional charges may be assessed for CHP supplies,additional
equipment utilized,damage to property repaired or replaced at state expense, etc.,which are
directly related to the services provided herein.
19.No additional gifts, donations, or gratuities may be accepted by CHP Officers on their own behalf,
or on behalf of the Department, informal squad club, or other local funds.
20. INDEMNIFICATION
The COLNI TY agrees to indemnify, defend and save harmless the state, its officers, agents and
employees from any and all claims and losses accruing or resulting to any and all contractors,
subcontractors, suppliers, laborers, and any other person, firm or corporation furnishing or
supplying work services, materials, or supplies in connection with the performance of this
Agreement, and from any and all claims and losses accruing or resulting to any person, firm or
corporation who may be injured or damaged by COUNTY in the performance of this Agreement.
CHP 18320001
Pate 4
STATE OF CALIFORNIA CONTRA COSTA CO
Department of California Highway Patrol
4dministraiivo Services Officer Sigenatur
Title
°-2, 0 I1� a
Date bate
Department of California Highway Patrol Contra Costa County
Business Services Section 2475 Waterbird Way
Attn-: Contract Services Unit Martinez, CA 94553-1457
P.O. Box 942898
Sacramento, CA 94298-0001
Approve As To Form b :
County
AatrTey-
Authority: COUNTY Resolution
r
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 13, 2004, by the following vote:
AYES: SUPERVISORS GIOIA, UILKMMA, GREENBERG, GLOVED
NOES: NONE
ABSENT: SUPgRVISOR DESAULNIER
ABSTAIN: NONE
RESOLUTION NO. 2004/16
SUBJECT: Approval of the Subdivision Agreement for Development Plan 300403,Muirlands,
being developed by Fairfield Creekview L.P., San Ramon(Dougherty Valley)area.
(District 111)
The following documents were presented for Board approval this date:
I. Subdivision Agreement
A subdivision agreement with Fairfield Creekview L.P., principal, whereby said
principal agrees to complete all improvements as required in said subdivision
agreement within one year from the date of said agreement. Accompanying said
subdivision agreement is security guaranteeing completion of said improvements as
follows:
Originator:Public Works(ES) Z hereby certify that this is a true and correct copy of an action
Contact: Teri Rie(313-2363) taken and entered on the minutes of the Board of Supervisors
Lr:rrrt on the date shown.
G:\GrpData\EngSvc\BO\2004\01-13-04\DP 3004-03 80-21.doc
cc: Public Works—T.Bell,Construction
Current Planning,Cornmtuuty Development
T—November 6,2004
Fairfield Creekview L.P. ATTESTED: .JANUARY 1.3, 2004
Clarke McDaniel
5510 Morehouse Drive,Suite 200 JOHN SWEETEN, Clerk of the Board of Supervisors and
San Diego,CA 92126 County Administrator
Insurance Company of the West
Thomas A.Tames
11455 EI Camino Rea'
San Diego,CA 92186
By ,Deputy
RESOLUTION NO.2004/ 16
SUBJECT: Approval of the Subdivision Agreement for Development Plan 3004-03,
Muirlands,being developed by Fairfield Creekview L.P., San Ramon(Dougherty
Valley) area. (District III)
DATE: January 13, 2004
PAGE: 2
A. Cash Bond
Performance amount: $20,800.00
Auditor's Deposit Permit No. 415833 Date: December 4, 2003
Submitted by: Fairfield Creekview L.P.
Tax ID Number: 76-0730748
B. Surety Bond
Bond Company: Insurance Company of the West
Bond Number: 212 42 27 Date: November 25, 2003
Performance Amount: $2,060,600.00
Labor&Materials Amount: $1,040,700.00
Principal: Fairfield Creekview L.P.
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.
RESOLt7' 10N NO. 2004/16
SUBDIVISION AGFIEEMENT
(Government Code§66462 and§66463)
Subdivision: DP 03-3004 Muirlands Lot 17 Principal: Fairfield Creekview L.P.—
Effective
PEffective Date: V r `f tD Completion Period: 1 year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO:
CON M COSTA CC3LINTY' PBMCIPAL
Maurice M.Shiu,Public Works Director Fairfield Creekview L.P.
By.
Patrick J.Gavin,Vi gP*ident
ELC,QMMENDED F R APPROVAL
Day: '` f
Eag(neeringServices&1vTs1on
FQM APPRt)VEU: Victor J.Westman,County Counsel (NOTE: All signatures to be aclaumwledp& If Principal is incorporated,
signatums must conform with the desigpeted representative groups pursuant to
Corporations Code$313:)
l. PARTIES A I)A I D. Effective on the above date,the County of Contra Costa,California,hereinafter called` a ,and the above-mentioned
Principalmutually promise and agree as follows concerning this subdivision:
2. IMPRO)LEMENTS. Principal agrees to install certain road improvements(both public and private),drainage improvements,signs,sit lights,
fire hydrants,landscaping and such other improvements(including appurtenant equipment)as required by the Conditions ofApproval 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§§66410 and following)in a good workmanlike manner,in accordance with accepted
construction practices and in a manner equal or superior to the requirements ofthe County Ordinance Code and rulings made thereunder;and where there
is a conflict between the improvement plans and the County Ordinance Code,the stricter requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this agreement, Principal shall,pursuant to Government Code§66499 and the County
Ordinance Code,provide as security to the County:
A. For Performance and Cniarantm $ 20A00,00 _cash,plus additional security,in the amount:$ 2.060.600. 0
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:$ I.040,700 00 which is fifty percent(Wlu)ofthe estimated cost ofthework.
Such security is presented in the form of
Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,Principal guarantees payment to the contractor,subcontractors and to persons renting equipment or furnishing labor or
materials to there or to Principal.Upon acceptance ofthe work as complete by the Board of Supervisors and upon request of Principal,the amount held as
securities may be reduced in accordance with§94-4.406 and§94-4.408 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 pest control and other work
determined by the Public Works Department to be necessary to insure establishment of plants. Said plant establishment work shall be performed for a
period of one(1)year from and after the Board of Supervisors accepts the work as complete.
6. IMPROVEMENT PLAN WARRANTY. Principal warrants the improvement plans for the work are adequate to accomplish the work as
promised in Section 2 and as required by the conditions of approval for the subdivision: If,at any time before the Board of Supervisors accepts the work
as complete or during the one year guarantee period,said improvement plans prove to be inadequate in any respect,Principal shall make whatever changes
may be necessary to the plans to accomplish the work as promised.
'i. NO WAIVER BY COUNT TY. 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. INDBMNITY: 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 of
actions defined below and including personal injury,death,property damage,inverse condemnation,or any combination ofthese and regardless of whether
or not such liability,claim or damage was unforeseeable at any time before County reviewed said improvement plans or accepted the work as complete and
including the defense of any suit(s),action(s),or other proceeding(s)concerning said liabilities and claims.
C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this
Agreement and attributable to Principal,contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any Indemnitee has
prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has insurance or other indemnification
covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of any Indemnity.
9. COSTS: Principal shall pay when due,all the costs of the work,including 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.
10. SUR Y Principal shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the County Road
Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NON-PERFORMANCE AND COSTS:If Principal fails to complete the work within the time specified in this agreement,and subsequent
extensions,or fails to maintain the work,County may proceed to complete and/or maintain the work by contract or otherwise and Principal agrees to pay
all costs and charges incurred by County(including,but not limited to: engineering,inspection,surveys,contract,overhead,etc.)immediately upon
demand.
Once action is taken by County to complete or maintain the work,Principal agrees to pay all costs incurred by County, even if Principal
subsequently completes the work.
Should County sue to compel performance under this agreement or to recover costs incurred in completing or maintaining the work,Principal
agrees to pay all attorneys fees and all other expenses of litigation incurred by County in connection therewith,even if Principal subsequently proceeds to
complete the work.
12. INCORPORATIMANNEM ION. 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 he transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary against
Principal,who shall fulfill all the terms of this agreement as though Principal had contracted with the city originally.The provisions of paragraph 8
(Indemenity)shall continue to apply in favor of the indemnities listed in paragraph 8A upon any such incorporation of annexation.
13. RECORD MAP. Inconsideration 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:m3aakw
G:\ChpData\EnSSvc\FormsAG WORMAG-30.doc
Rev:0ctaber231 2002
..........................................................................................................................................................................................................................................................................................................................
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of f t E t`c Y-) I CA OPTIONAL SECTION
County of 5,1 t 1 1 f__,aC3 CAPACITY CLAIMED BY SIGNER
#r71i 1103 beforeme, { R YIesY"t`�k, tt'6ftG
Dn i �f��(;►'s,! 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
personally appeared �Y'I G t� .i L V i y'1
persons relying on the document.
NAME )OF SIGNER(*) � INDIVIDUAL
,d personally known to me- ona acts o s to
7 CORPORATE OFFICER(S)
be the person*whose name0§9 is/a)f TITLE(S)
subscribed to the within instrument and
acknowledged to me that he/sm/thyy executed [1 PARTNER(S) - LIMITED
the same in his/Mr/th'Ar authorized
capadty(t*),and that by his/13+t#/thlkr GENERAL
ATTORNEY-IN-FACTsignature(W)On the instrument the person(s�br
L, TRUSTEE(S)
NCA: the entity upon behalf of which the person(" C GUARDIAN/CONSERVATOR
0} acted,executed the instrument. OTHER:
��� WITNESS my ban d official seal,
SIGNER IS REPRESENTING:
1 NAME OF PERSON(S)OR ENTITY(IES)1
SIG A U EOF NOTARY
OPTIONAL SECTION ,^1
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document�bd Iv/i's fon i`ta e3 m e4 t
TO THE DOCUMENT AT RIGHT. Number of Pages T YV D
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.
1. 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 - Sigping 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 a signed 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. a 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."
?C:mW
G\GrpData\EngSvc\Fomis\WORD FORMS\ALL PURPOSE NOTARY.doc
Rath s',J COI
SECRETARY'S CERTIFICATE
for
FF PROPERTIES,INC.
Re: Fairfield Creekview L.P.
The undersigned certifies as follows:
1. That he is the duly elected and qualified Secretary of FF Properties, Inc., a Delaware
corporation(the"Corporation').
2. That the following named individuals are duly elected officers of the Corporation and are
elected to the offices set forth opposite their respective names, and that the signatures set
forth opposite their respective names and offices are genuine:
Name Title Signature
Patrick J. Gavin Vice President
Patrick J. Gavin
IN TNES WHEREOF, the undersigned has executed this Secretary's Certificate effective as
of , 2003.
J es . Hribar,',Secretary —�
105535.000000/437357.01
a,vr,rir r r yr�,.c.n�r RH L.v,tri
• DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLPR '1
TO THE TREASURER: MARTINEZ,CALIFORNIA
RECEIVED FROM
ORGANIZATION NUMBER - X20
(For Cash Collection Procedures see County Adrninistrator's Bulletin 105.)
DESCRIPTION FUND/ORO. UB. TASK OPTION ACTIVITY AMOUNT
$
74
1
1
k
1
k
i
i
t
I
t
1
1
I
1
i
1
s pS 1
t
3
1
1
1
1
1
l
i
i
i
t
1
EXPLANATION: ., TOTAL $ i
w DEPOSIT(W 100 -
Deposit consists of the following items
COIN and CURRENCY $
CHECKS,MD.,ETC. $-.-..//fir!
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP-4/
NUMBER
DATE
ASS€A03 DEC /4 13/
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.
vigr`ke C!i'Date
t
Signed: Signed:
Till EXT. �.' ¢ f Deputy County Auditor Deputy County Treasurer
D-34REV.(7-93) rYY1
x
O
819800-0800: G1122329, $20.800,00, DP03-3004, Civil Cash Band,
Fairfield Creekview LP, 5510 Morehouse.Dr., Suite 200, San biego, CA 92121
0649-9665 1831000: G1122329, $97,200.00, Development Plan Inspection,
Creekview LP, 5510 Morehouse Dr., Suite 200, San Oiego, CA 92'121
Subdivision: DP 03-3004 Muirlands Lot 17
Bored No.: 212 42 27
Premium: $18,545.00
IMPROVEMENT SECURITY BOND
FOR SUBDIVISION AGREEMENT
(Performance, Guarantee and Payment)
(California Government Code §§ 66499 - 66499.10)
I. RECITAL of SupIIIVISIoN AGREE ME!VT: The developer(principal) has executed a subdivision agreement
with the County of Contra Costa to install and pay for street, drainage and other improvements in Subdivision
DP 03-3004 Lot 17 , as specified in the subdivision agreement and to complete said work
within the time specified for completion in the subdivision agreement, all in accordance with State and local
laws and rulings thereunder in order to satisfy conditions for ding of a final map or parcel map for said
subdivision.
2. OBLIGATION: infield Creekview LP as principal and
Insurance Com an , s corporation organized and
existing under the laws of the State of California and authorized to transact surety
business in California, as surety, hereby jointly and severally bind ourselves, our heirs, executors,
administrators, successors and assigns to the County of Contra Costa, California to pay as follows:
A. Performance,and Guarantee: Two Million Sixty Thousand Six Hundred and 001100 Dollars
($ 2-060.600.00 )for Contra.Costa.County or any city assignee under the above County
Subdivision Agreement.
B. Payment: One Million Forty Thousand Seven Hundred and 001200 Dollars
($ ..1,040,700.00,-) 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 became
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 Cade Section 2819 and
holds itself bound without regard to and independently of any action against the principal whenever
taken.
SIGNED AND SEALED on November 25, 2003
PRINCIPAL: Fairfield Creekyiew L.P. SURETY. Insurance Company of the West
Address: 5510 Morehouse Dr., Ste 200 Address: 11455 El Camino'Feat.
City: San CA ...,- Zip: 92125 City: San Diego Zip: 92186
By: By:
Print Name: Patrick J. Gavin Print Name: Tho as A. Jap es
Title: Vice President Title: Attorney-in-Fact
L)ataEngivctF7ml,tEtNWORfABN-11doc
Pilo. OW1404
ICW:CROUP
Power of Attorney
Insurance Company of the West
The Explorer Insurance Company Independence Casualty and Surety Company
KNOW ALL MEN BY TIWSE PRESENTS: That Insurance Compatty of the West,a Corporation duly organized under the:laws of the State of California,The
Explorer hisurance Company,a;Corporation duly organized under the latus of the State of Arizons,`and Independence Casualty and Surety Company,a Corporation
duty organized under the laws of the Stag of"Texas,(collectively referred to as the"Companies") do hereby appoint
THOMAS A.JAMES,MICHAEL H.Pl2ADELS,DENNIS HORSENBER ER,GARY T.PETERSON
their true and lawful Avtotoeyl sj-in-Faint with authority to date,execute,sign,seal,And deliver on behalf of the Companies,fidelity and surety bonds,undertakings,
and other similar contracts of suretyship,and any related doceineuts.
s IN W TT F-,SS W41wREOF,the Companies have caused these presents to be executed by its duly authorized officers this 16th day of January,2001.
XV INSURANCE COMPANY OF THE WEST €
TRY,EXPLORER INSURANCE COMPANY
INDEPENDENCE CASUALTY AND SURETY COMPANY
yoi
John H.Craig,Assistant Secretary John L.Hannam,l xeeutive Trice President
State of California
County ofSan Diego
On January 16,2of€ ,before rue,Norma Porter,Notary Public,personally appeared John L,Iiannum and John Tl.Craig,personally known to.tine to be
the persons whose naives are subscribed to the within instnlment,and acknowledged to me that they executed the sarin in dkeir authorized capacities,and that by
their signAtures on the instrumeM,the entity upon hehal£of which the persons acted,executed the instrument.
Witness my hand and official.seal.
NORMA PORTER
C,!;0MK#1251540
rati, ax a'tSt3L1Li C.RLift7r2YHA � ��
AAti{vk ZXA'
Norma Porter,Notary Public
RESOLUTIONS
This bower of Attorney is granted and is signed,sealed and notarized with facsimile signatures and seals tinder authority of the following resolutions adapted by
the respective Boards of Directors of each.of the Companies:
"RESOLVED: That the President an Executive or Senior''vice President'of the Company,together with the Secretary or any Assistant
Secretary,are hereby authorized to execute Powers of Attorney appointing the person(s)named as Attomey(s)-in-Vact to date,execute,sign,
seal,and deliver on behalf of the Company,fidelity and surety bonds,undertakings,and other similar contract t of suretyship and any related
4! documents.
# RESt7LVEl7 FCRTIIERC That the signatures of the officers making the appointment,and the signature of any officer certifying the validity
and current staters of the appointment,may be facsimile representations of those signatures,and the signature and seal of any notary,anti the
seal ofthe Company,may be f4csirnile4 representations of diose signatures and seals,and such facsiataile representations shall have the same
farce and effect as if manually affixed. The facsimile representations referred to herein may be affixed by stamlymi g,printing,typing,or
Photocopying-"
CERTIFICATE
l the undersigned,Assistant Secretary of Insurance Company of the West,The Explorer Insurance Company,and 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 Directors of the Compeanie%and are now in fir€l force.
NWII ESSWIIEREOF,Ihavesetmyhandthis 25th —dayof November
John H.Craig,Assistant Secretary
To verify the authenticity ofthis Power of Atto ey you may call 1-800-877-1111 and ask for the Surety Division. Please refdr to the Power of Attorney plumber,;
tlac above named individual(s)and details cif the Bond to which the power is attached. Por information or filing claims,please comad Surety Claims,ICW Group,
11455 El Camino Real,Sana Diego,CA X2130-2045 or call(858)3511-24f3t),
LC.W.GROUP"
Insurance Company of The"Fest
The Explorer Insurance Company
Independence Casualty and Surety Company
11455 M Camino Real,San Diego.CA 92130-2045
p.0.BOX 83563,San Hugo,CA 92186-5$63
(858)3502400 FAX(858)33012707
V#"WW.iCW9rMP.coM
$Grid NUrnber: 212 42 27
Terrorism Risk Rieder
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 ofthe above identified companies is a surety.
Coverage for certified acts of terrorism is included in the attached bondand will be partially
reimbursed by the United States under a formula established by the Act. The United Mates will
pay Wla 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 band exceed the limit of liability under this band.
This rider does not provide coverage for any lass that would otherwise be excluded by the texrr�
of this bond.
The portion of the premium, for this band, attributable to coverage for certified acts of terrorism
under the Act is dine D-ollAr($1.9tl).
Important Notice: The cost-of terrorism coverage is subject to change on any bond that
premium is charged annually.
f
r
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
Shite of o ' a OPTIONAL SEC.'TION
County of San Diey l CAPACITY CLAIMED BY SIGNER
t:hr L I 25 0 -before rte. �t„I��._��.r���_ 13_,n_Y�ry Pah l i� Though statute does not require the Notary to till In
DATg NAivtE.'T]'('LE::7p OFFIt"ER E tl.'JA UC)E,NU'rA�RY Pl.lNLIC the data below,doing so nray prove invaluable to
persons relying can the.document.
personally appeared Thomas A. James
Attorney—in—Fac ff IE(s)OF SIGN.RCS) 0 INDIVIDI?AL
X rner lona€lv known to nee-OR-0 proved to ane on the basis of satisfactory evidence to 0 CORPORATE OFFICER(S)
be the person(x)whose name*is/x*reNan
subscribed to the within instrument and
acknowledged to we that hefdaet +executed 0 PARTNER(S) 0 LIMITED
the same in his/4e"4h*ir authorized 0 C)ENE:RAL
C*Mm**m 13W60capactiv{ ,and that by hisATer0iTzrr � T'
ATTORNEY-iN-FAc
� signa ure(*on the instrument the persor�or. CTRUSTEE{S)
tine entity ttpon behalf of which elle person(K
IM~, >NW�1ti! C' CiC1AR13IA�1iC`ONSF
RVATOI2
s instrunrcau. CJ OTHER
acted,executed rite
WITNESS my hand and official seal,
SIGNER IS REPi2]sSEN"1'ItiC.:
NOTARY (NAME UP PERSON($)OR ENTITY(IES))
SR7h,'A?URIw C)F
Insurance Companv o. f Ithg_W_eSt
x
OPTIONAL SECTION
THIS CERTIFICA'T'E MUST BE ATTACHED Title or,rvpe ofDocument I,Ihpro'1E'IYt�ri� �L'Ctlr�ty �sOTIC� l
TO Tl*,DOCURVTENT AT RICHT. Number of•Pages_ 2 'dor Subdivision Agreement
Though the data below is not required by law,it may prove vahiable date of Document 11Dye bRjL•.25, 2LlD3 ,•
topersonN relying on inv
the doc ent and could prevent fraudulent Signers)Other Ti an Named Above
re-attatclnrtont of this forst
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the doclnnents.
Signatures required on doctiments must comply with the following to be acceptable to Contra Costa County.
1. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENTEATH the signature. The
name illtlst be slglle 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 nulst be stated.
III. SIGNATURES FOR PARTNERSHIPS - Si Ding party must be either a general partner or be authorized iii writing to have
the ant tority to signor and bind tie partners sip.
IV. SIGNATURES FOR CORPORATIONS
Doentnents should be signed by two o beers. one from each of the following two groups:
GROUP 1. (a)The Chair of the Board
The President
C)Any Vice-President
GROUP 2. (a)The Secretary
(b) An Assistant Secrettlry
(c)The Chief Financial 6flicer
(d)The Assistant Treasurer
If signatures of officers from each of the above two gronps do not appear on the instnmmnt, a certified copy of a resollstion of the
Board of Directors authorizing the person signing the anstrtunent 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 instrninent pursuant to its by-lacers or a resolution of its Board of
Directors."
U'7inv
c:I;kttpData\EttvSveV'Fcm?s\WCrRD FORMS\ALL PURPOSE NOTARY.doc
Rte?-i4?fC�ratt �CQti
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of A �/� OPTIONAL SECTION
County of ter /? � -- CAPACITY CLAIMED BY SIGNER
/f i
Can r '! a„� More me, ` Though statute does not require the Notary to fill in
DATE NAME,TITLE OF OFFICER E.G.,"JANE'DOE,NOTARY UIJLIC” the data below,doing so may prove invaluable to.
'— persons relying on the document
personally appeared
x ANNM(S)OF SI-
GNES)
INDIVIDUAL'
personally known to ane-
to CORPORATE OFFICER(S)
be the person(.e}'whose name(,e�4� TITLE(S)
;ark1 `r= subscribed to the Within instrument and
f CATHERINE MARIE #� Eli acknowledged to me that bete tey executed PARTNER(S) LIMITER
t CL');'t'iCYIl38 on Y#mwii the same in hishm it authorized GENERAL
Z,, Nary� _ capacity,and that by his/iserftiaeir ATTORNEY-IN-FACT
Z signature(s}~on the instrument the person$)or
son � '� the entity upon behalf of which the persoi* TRUSTEE(S)
GUARDIAN/CONSERVATOR
acted,executed the instrument. OTHER.:
ER:
WITNE�SGNATU�PEOFNOTXARP
official SIGNER IS REPRESENTING:
I NAME Of PERSONS)OR ENTITY(IES)l
_
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHER Title or Type of Document
TO THE DOCUMENT AT RIGHT. Number of Pages -6
Though the data below is not required by law,it may prove valuable Rate of Document
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment of this foam
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,
1. FOR ALL SIGNATURES_ - The name and interest of the signer should be typed or printed BENEATH the signature. The
namezrl�signed exactly as it is typed or printed.
IT. SIGNA111 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 - SigHing party must be either a general partner or be authorized in writing to have
e authority to sign Tor and bindthe partnersYtip.
IV. SIGNATURES FOR CORPQR&T ONSNS
Documents should signed by two officers,one from each of the following two groups:
GROUP 1. a The Chair of the Board
The President
c Any Vice-President
GROUP 2. a 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::riw
G:\GrPD8t\En Sw\Formw\WORT)FORMSA4LL PURPOSE NOTARY.doc
f
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on January 13, 2004 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, GLOVER
NOES: NONE
ABSENT: SUPERVISOR DE,SAULNIER
ABSTAIN: NONE
RESOLUTION NO. 2004/I7
SUBJECT: Approve the Second Extension of the Road Improvement Agreement for Bollinger
Canyon Road, RA 1106 (cross-reference Subdivision 7976) bridge construction,
across Alamo Creek on Bollinger Canyon Road, San Ramon (Dougherty Valley)
area. (District III)
The Public Works Director having recommended that he be authorized to execute the second
agreement extension which extends the Road Improvement Agreement between Windemere BLC
Land Company,L.L.C.and the County for construction of certain improvements in Road Acceptance
1106, in the San Ramon (Dougherty Valley) area, through September 11,2004;
♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95%
♦ ANTICIPATED DATE OF COMPLETION: February 2004
♦ REASON FOR EX'T'ENSION: Final punchlist items need to be completed.
IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director
is APPROVED.
I hereby certify that this is a true and correct copy of an action taken
.13= and entered on the minutes of the Board of Supervisors on the date
G:\GrpDataTngsvc\Bao 2004\01-13.04\RA 1106 110-1 l.doc shown.
originator: Public Works(ES) JANUARYContact: Ter Rie(313-2363) ATTESTED: 13, 2004
cc: Public Warp-T.sell,Construction JOHN SWEETEN, Clerk of the Board of Supervisors and County
Current Planning,Community Development Administrator
T—November 13,2004
Windemere SLC land Company,L.L.C.
Alm:Brun Olin
3130 Crow Canyon Place,Suite 310
San Ramon,CA 54583 By_ Deputy
The American Insurance Company
Attn:Patricia 13tebner
5 Peters Canyon
Irvine,CA 92606
RESOLUTION NO.2004/ 17
CONTRA COSTA COUNTY
ROAD IMPROVEMENT AGREEMENT EXTENSION
Development Number: RRA 1106
Developer: Windemere BLC Land Co LLC
Original Agreement Date: September 11,2001
Second Extension New Termination Date: September 11,2004
Improvement Security
Surety: The American Insurance Company
Bond No. (Date): 11141715166(September 26,2000)
Security Type Security Amount
Cash: $22,100.00 0% cash.,$1,000 Min.)
Bond: $2,189,900.00(Performance)
$ 1,106,000.00(Labor&Material)
The Developer and the Surety desire this Agreement to be extended through the above date,and Contra Costa County
and said Surety
/hereby agree thereto and acknowledge same.
Dated: Dated: October 25, 2003
Windemere BLC Land Compan , LLC
By: Lennar Homes of Caliyornia, Inc. ,
FOR CONTRA COSTA LINTf
its manager
Maurice M. Shiu, Public orks direldtor Developer's Signature(s)
By: Or
V
Printed David Evan V.P.
3130 Crow Canyon Suite 310
San Ramon, CA 94. 83
RECOMMENDED FOR AP VAL: Address
By: /1A THE AMERICAN INSURANCE COMPANY
(Engineering ervices ivision) Surety or Financial Institution
777 San Marin Drive
Novato, CA 94998--2000
Address
(NOTE. Developer's, Surety's and Financial r ✓ _
Institution's Signatures must be Notarized.) Attorney in Facts Signature
FORM ArpAovan:vkw,J.Witt-,Cowy C.—d Patricia Brebner
Printed
Ater Approval Xeturu to Clerk of the Board
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Oren
On October 2S. 2003 before me, Gordon J. Peterson, personally
appeared David Evans, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacities, and that by his signatures
on the instrument the person or the entitles upon behalf of which the person
acted, executed the instrument.
Witness m ,;Mand and official seal. "cRc N"ssic �ErRSON
Commy................ z Notary Public-California
Orange County
z
_ ..' ..r^�"• 1" .:r'.t �'�+''r� �'.�' ��.r $�nl`_' !..j:-"e.•........ A�,n " �f,y+�3"'3!7'f.f:•.st:73 +,✓ss„i>ry;R�.. ..
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 SIGNER IS REPRESENTING:
Corporate Officer—Vice President Lennar Domes of California Inc.
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Road improvement jkgreement Extension for Bond No. 11141715166
Number of Pages: One 1
Date of Document: October 26 2003
Signers (other than these named above): Patricia Brebner
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.6907
State of California
County of Grange
On October 22, 2003 before me, Leigh McDonough,Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Patricia Brebrier
NAME(S)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
acknowledged to me that helshef#hey 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.
MCD
UGH
ccor1€itISSIGr4 91328$74 z
Notary Public-California ; WITNESS my hand and official seal.
orange County nth
I°N4v ,
SIGNATURE OF JN ARY
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
TITLES)
❑
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
[❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES
❑ OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
S-40671GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184 Canoga Park,CA 91309-7184
PIREMANS IIID INSURANCE COMPANY
NATIONAL SURETY CORPORATION ASSOCIATED INBLMNM CORPORATION
T R AMERICAN INSUR CB COMPANY AWRICAN AUMMOBUS IN53RANCE CONYANY
GBNERAL POWER OF A'IrMRNBY
KNOW ALL MEN BY T11ESE PRESENTS. That FIREMAN'S FUND INSURANCE COWANX a California corporation, NATIONAL
SURETY CORPORATION,an Illinois corporation,THE AMWCAN INSURANCE COMPANY,a Now Jesseytion r�edomesdrated in
Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation„ and. AM► MCAN AUTOMOBILE INSURANCE
CCiWANY;a Missouri corporation,(herein collectively called"the Companies")floes each hereby appoint Patricia Brebner
of Costa Mesa, CA
their true and lawful Attorney(s)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal,
acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature th of--------------
rind to bind.the Companies thereby as fully and to the sante extent as if such bonds were sipW by Or,President,scaled with theto seals of tho
O atpanles and duly attested by the Companies'Secretary,hereby ratifying and o onfirmiug all that the said.Adomey(s)- fit,may do in the promises.
This pnwea:of attorney is granted under and by the authority of Article;VU of the By-Iasis of each of the Companies which provisions ate now,
in full force and effect.
This power of attorney is signed and sealed under the authority of the following Reaolutio adopted by the Board of Directors of each of the
Companies at a meeting duly carted and held,or by written consent,on the 19th day of Marc, 1903,and said Resolution has not been amended
or repealed:
"RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies,
and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation of any power of attorney,
or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or
certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies."
IN WITNESS WHEREOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto
affrx,+ed this 30 day of J ani nary , -.ZQ01 01
FIREMAN'S FUND INSURANCE COWANY
K��;+".'; �*,, �.+ a ' � '� NATIONAL SURETY CORPORATION' i • :s,► THE AMERICAN INSURANCE CONWANY
acrr.a o
ASSOCIATED INDEMIMYCORPORATION
oo� •.Cr..i.�`~ +wc�t i � '�eexm+t' AME1ti 13'i'f3MrI4M3ILE INSURANCE COMPANY
STATE OF CALIFORNIASS.
COUNTY OF MARiN
on this 3„Q �. day of January , 0 01.,before mo persona ly c ire D2R r s Kol.beek
Ins mets known,who,being by the duly sworn,dill depose and say:that he is a Vwe-President of each company,described In and which executed
d
the above instrument;that he knows the seats of the said Companies,that the scala affixed to thei said instrument are such company seals;that
d*y were;so affixed by order of the Board of Directors of said companies and that he signal his name thereto by like order.
IN WITMS WTW.REOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written.
pp COMM.012teTM
NOTARY PU8UG4NLW0MtA.
My "an*W APO aa,sows A
N
STATE OF CALIFORNIA SS, CERTMCATE
COUNTY OF MARIN
I, the underrsignexl, Resident Assistant Secretary of each company, DO II8RHBY C M(II1FY that the foregoing and attached PO's OF
ATWRNEY remains in full force and has not been revoked;and furthermore that Article VII of the By-laws of each company,and the Resoludan
of die Board:of Directors,$ex forth in the Power of Attorney,are now in force.
signed and sealed at the County of Marin. Dated the 22nd day of October 2003
Residot AsststaW
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,(CALIFORNIA
Adopted this Resolution on January 13,2004 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, `v1D GMOVER
NOES: NONE
ABSENT: SUPERVISOR DESAULN3ER
ABSTAIN: NONE
RESOLUTION NO. 2004/1$
SUBJECT: Approve the Second Extension of the Road Improvement Agreement for Bollinger
Canyon Road Culvert#1,RA 1111 (cross-reference Subdivision 7976),San Ramon
(Dougherty Valley) area. (District III)
The Public Works Director having recommended that he be authorized to execute the second
agreement extension which extends the Road Improvement Agreement between Winde7mere BLC
Land Company,L.L.C. and the County for construction ofcertain improvements in Road Acceptance
1111, in the San Ramon(Dougherty Valley) area, through September 11, 2004;
♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95%
♦ ANTICIPATED DATE OF COMPLETION: February 2044
♦ REASON FOR EXTENSION: Final punchlist items need to be completed.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
JD:rm I hereby certify that this is a true and correct copy of an action taken
G:1GtpData\EngSvc\80\2004\0I-13-04\R.A I I I I BO-I Ldoc and entered on the minutes of the Board Of Supervisors on the date
Originator: Public Works(ES) shown
Contact: Teri Rie(313-2363)
cc: Public Works—T.Bell,Construction ATTESTED: JANUARY I3, 2004
Current Planning,Community Development
T-November 13,2004 JOHN SWEETEN, Clerk of the Board of Supervisors and County
Windernere BLC Land Company,L.L.C. Administrator
Attn:Brian Olin
3130 Crow Canyon Place,Suite 310
San Ramon,CA 94583
The American Insurance Company
Attn:Patricia Brebner By Deputy
5 Peters Canyon
Irvine,CA 92606
RESOLUTION NO.2004/ 18
CONTRA COSTA COUNTY
ROAD IMPROVEMENT AGREEMENT EXTENSION
Development Number: RA 1111
f Developer: Windemere BLC Land Co LLC
Original Agreement Date. September 11,2001
Second Extension New Termination Date: September 11,2004
Improvement Security
Surety: The American Insurance Co
Bond No. (Date): 11133582913 (June 2S,2001)
Security Type Security Amount
Cash: $ 11,100.00(1% cash,$1,000 Min.)
Bond: $ 1,094,000.00(Performance)
$552,550.00 (Labor&Material)
The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County
and said Surety hereby agree thereto and acknowledge same.
Dated: Dated: October 28, 2003
Windemere BLC Land Companyy, LLC
By: Lennar Homes of California, .Inc. ,
FOR CONTRA COSTA CO its manager
Maurice M. Shiu, Public WorkbiActor Developer's Signature(s)
By:
Printed David Evang(, V.P.
3130 Crow Canyon Suite 310
San Ramon, CA 94583
RECOMMENDED FOPP Address
�a
s
By. ;w THE AMERICAN INSURANCE COMPANY
(Engineering S�rfices Division) Surety or Financial Institution
777 San Marin Drive
Novato, CA 94998-2000
Address
(NOTE: Developer's, Surety's and Financial
Institution's Signatures must be Notarized.) Attorney in Facts Signature
POW APPROVED:Victor 1.VJaat ,C=ry Co 01 Patricia Brebner
Printed iJ
After Approval Return to Clerk of the Board
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On October 28, 2003 before me, Gordon J. Peterson, personally
appeared David Evans, personally mown to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacities, and that by his signatures
on the instrument the person or the entities upon behalf of which the person
acted, executed the instrument.
GORDON J.PEIV ER r-N: Ls
Witness my-hand and official seal, Commission 7
Notary Public r California
Orange Chunk
i 20V
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 SIGNER IS REPRESENTING:
Corporate Officer Vice President Lennar Domes of California, Inc.
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Read Improvement Agreement Extension for Bond No. 11133582913
Number of Pages: One 1
Date of [document: October 28 2043
Signers (other than those named above): Patricia Brebner
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of California
County of grange
On October 22, 2003 before me, Leigh McDonough,Notary Public
DATE NAME.TITLE OF OFFICER o E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Patricia Brebner
NAME(5)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
acknowledged to me that he/ helthey executed the same in
his/her/their authorized capacity(le,�), 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,
LEIGH M#;00Nt ('H
0 132N74
;,gLtarp Public-California WITNESS my hand and official seal..,
Orange county
my comm,Evires Nov 6,2W6
i IGNATURE Q NOTARY
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-€N-FACT
E TRUSTEE(S)
[] GUARDIAN/CONSERVATOR NUMBER OF PAGES
[� OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
S-49671GEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remrnet Ave.,P,O,Box 7184•Canoga Park,CA 91309-7184
ons—
C.-I
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on January 13, 2004 by the following vote:
AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, ChM GLOVER
NOES: DONE
ABSENT: SUPERVISOR DESAL UTTER
ABSTAIN: NONE
RESOLUTION NO. 2004/ 19
SUBJECT: Approve the Second Extension of the Road Improvement Agreement for Bollinger
Canyon Road and Alamo Creek Road Culverts#2 and#3,RA 1113(cross-reference
Subdivision 7976, San Ramon(Dougherty Valley) area. (District III)
The Public Works Director having recommended that he be authorized to execute the second
agreement extension which extends the Road Improvement Agreement between Windernere BLC
Land Company,L.L.C.and the County for construction of certain improvements in Road Acceptance
1113, in the San Ramon(Dougherty Valley) area, through September 11, 2004;
♦ APPROXIMATE PERCENTAGE OF WORD.COMPLETE: 95%
r ANTICIPATED DATE OF COMPLETION: February 2004
♦ REASON FOR EXTENSION: Final punchlist items need to be completed.
IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director
is APPROVED.
3D:rtn
0:\GrpData\&ngSvc\B0\2004\01-13-04aA 1113 BO-11.doc 1 hereby certify that this is a true and correct copy of an action taken
Originator: Public Works(Es) and entered on the minutes of the Board of Supervisors on the date
Contact: Teri Ric(313-2363) shown.
cc: Public Works-T.Bell,Construction
Current Planning,Community Development ATTESTED: JANUARY 2004T-November 13,2004
Windernere BLC Land Company,L.L.C. JOHN SWEETEN, Clerk of the Board of Supervisors and County
Atm:Brian Olin Adrnlnistrator
3130 Crow Canyon Place,Suite 310
San Ramon,CA 94583
The American Insurance Company
Ann:Patricia Brebner
5 Peters Canyon
Irvine,CA 92606 By ,Deputy
t
RESOLUTION NO.20041 19
CONTRA COSTA COUNTY
ROAD IMPROVEMENTAGREEMENT EXTENSION
Development Number: RA 1113
Developer: Windemere BLC Land Co.,LLC
Original Agreement Date: September 11,2001
2,d Extension New Termination Date: September 11,2004
Improvement Security
SURETY: The American Insurance Company
BOND No. (Date): 11133583465 (August 14,2001)
Security Tyne Security Amount
Cash: $20,900.00(1% cash,$1,000 Min.)
Bond: $2,069,100.00(Performance)
$1,045,000.00(Labor&Material)
The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County
and said Surety hereby agree thereto and acknowledge same.
Dated: Dated: October 28, 2003
Windemere BLC Land. Compan , LLC
By: Lennar Hames of Cali ornia, Inc. ,
its manager
FOR CONTRA COSTA COUNT
Maurice M. Shiu,Public W ks D' c Developer's Signature(s)
By: A •tri �,,,,...--� ,� � ,�,,,P.,._.._..-_�.
Printed David Evan V.P.
3130 Crow CanyonSuite 310
San Ramon, CA 9483
RE ENDED40RPR AL: Address
By: " THE AMERICAN INSURANCE COMPANY
>.. .., ginevices Division) Surety or Financial Institution
777 San Marin Drive
Novato, CA 94998-2000
Address
(NOTE: Developer's, Surety's and Financial
Institution's Signatures must be Notarized.) Attorney in Facts Signature
FOP-MAMOVEn:VkW1.Wft amC—tyC-9,t Patricia Erebner
Printed
After Approval Return to Gterk of the�ourrt
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On October 28, 2003 before me, Gordon J. Peterson, personally
appeared David Evans, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacities, and that by his signatures
on the instrument the person or the entities upon behalf of which the person
acted, executed the instrument.
GORDON
Witness my bead and official seal. commission#1335380 z
Notary public-CaIROM'sa
Z )Mn.ga County
nm.evirm
y3
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 SIGNER IS REPRESENTING:
Corporate Officer—Vice President Lennar Homes of California Inc.
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Road Improvement Agreement Extension for Bond No. 11133583465
Number of Pages: One 1
Cate of Document: October 28, 2003
Signers (other than those named above): Patricia Brebner
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of California
County of Orange
On October 22, 2003 before me, Leigh McDonough,Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Patricia Brebner
NAME(S)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
acknowledged to me that he/shelthey 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
g behalf of which the person(s) acted, executed the instrument.
LFICH MCDOMC
Comte+scion#1328674 z
No"ark`Public-Csiifom'i2 r
orange county WITNESS my hand and official seal.
M',coTm.Expires Nov 6,2JOW
SIGNATURE OP TARY
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
❑ TRUSTEE(S)
R GUARDIAN/CONSERVATOR NUMBER OF PAGES
❑ OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S)OTHER THAN NAMED ABOVE
S-4067/GEEF 2198 0 1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O Box 7184•Canoga Park,CA 51309-7984
PIREMAN'S I=INSURANCE COMPANY
NATIONAL SURETY CORPORATION ASSOCIATED INIIRUM CORPORATION
T98 AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBU INSURANCE OOMPAN Y
GENERAL PO U OP AVORNIEY
KNOW ALL MB1V BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL
SUETY CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COMPANY,a New Jersey cowntion redomesticated in
Nebraska, ASSOCIATED INDEMNI'T'Y CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE
COMPANY,a Missouri corporation,(herein collectively called"the Companies")docs each hereby appoint Patricia Brebner
of Costa Mesa, CA
their true and lawful Attorney(s)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal,
Acknowledge and deliver any and all bonds,undertaltings,recognizances or other written obligations in the nature thereof------------
and to bind the Companies thereby as fully and to the same extent as if such bonds were siped by the President seakd with theto seals of the
Companies and duly attested by the Comppmies'Secretary,hereby ratifying and confirming all that the said Attarney(s}-it-Pw may do the pt=ises.
This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions are now
in full sforce and effect.
This power of attorney is signed and scaled under the authority of the following Reaalutioo adopted by the Board of Dirrctors of each of the
Companies at a meeting duly cathed and field,or by written consent,on the 1%day of March, 1995,acrd said Resolution has not been amended
or repealed:
"RESOLVED,that the signature of any Vico-President,Assistant Secretary,and Resident Assistant Sectary of the Companies,
and the seal of the Corananies may be affixed or printed on any power of attorney,on any revocation of any power of attorney,
or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or
certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies."
IN WITNESS SOP,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto
affixed this 30 day of January 2001
rFIREMAN'S FUND INSURANCE COMPANY
• yi , ,, i A NATIONAL SUItIt'I'Y CORPORATION
THE AMERICAN INSURANCE COMPANY
*10
ASSOCMTF,D INDEMNITYCORPORATTON
•.,„..,.•; e'"s'ca `t a`�xx+lY' A UTOMf}BILE INSURANCE COMPANY
STATE OF CALfFORNIA SS. By e
CCIUNTY`OF MARIN vice-pmwm
Oa this 30 day of January ,_ 2 0 O1,before me Personalty came -Do-un-.R• Kalbeck
to me Imown,who,beiag by me duly sword,did depose And say:that he is a Vice-Preshient of each compamy,descrr'bed In and which executed
the above instrument;that he knows the scab of the,said Com fes;that the seals affixed to the said instrument we such company seals;that
they were so affixed by order of the Board of Directors of aar'a Companies and than he signed his name thereto by like order.
IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written.
w K Z158TIN A.'GA=OU
COMM.$120M
NOT MANNOUNlY A
My C am%
STATE OF CALIFORNIA SS CERTIFICATENt"j
COUNTY OF M.A IN
I, the undersigned, Resident Assistant Secretary of each company, DO IUWMY CERTIFY that the foregoing and attached TOWER OF
AT"IDRNEY remains in full force and has not been revoked,and furthermore that Article VII of the By-laws of each company,and the Resolution
of the Board of Directors;set forth in the Power of Attorney,are now in force.
Signed and seated at the County of Marin. Dated the 2nd___.._day of October 2003
`iR flf ~
i t fi
�, "_•.,,..+• ,�} { 'csai�'' Reeideat Assistant S