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HomeMy WebLinkAboutMINUTES - 11302004 - C28 TO: BOARD OF SUPERVISORS 4V�� FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: November 30, 2004 SUBJECT: Amending Subdivision Agreement and Approving the Third Extension of the Subdivision Agreement for Subdivision 98-08163. SPECIFIC REQUESTS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATIONS): ADOPT Resolution No. 2004/ 619 for Subdivision 98-08163, amending the Subdivision Agreement and approving the third extension of the Subdivision Agreement, being developed by Taylor Woodrow Homes, Inc., Alamo area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): Extend the Subdivision Agreement through the warranty period to avoid expiration. Additionally,the developer has requested their performance surety be replaced with a reduced bond to cover only the public improvements under warranty as allowed by Title 9 of the County Ordinance Code. CONSEQUENCES OF NEGATIVE ACTION: The Subdivision Agreement will expire and the developer will be denied the right to reduce the performance bond as allowed by Title 9 of the County Ordinance Code. f If C li r Continued on Attachment: SIGNATURE: I 47=777— RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE -,XPPROVE OTHER SIGNATURES . ✓ � ACTION Off'B ON NQMER 30, 2004 APPROVED AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS XX UNANIMOUS(ABSENT NONE ) AYES: NOES: ABSENT: ABSTAIN: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the G\GrpData\EngSva\BO'C004\I1-30-04\SD99-09163 Ordendoc Board of Supervisors on the date shown. Orig.Div: Public Works(ES) Contact: Frank Navarro(313-2364) cc: Director o€Community Development Current Planning,Community Development Public Works -Accounting ConstATTESTED: NOVEMBER .30, 2004 - Const, 05 T ylorWoo&omber ,tom JOHN SWEETEN, Clerk of the Board of Taylor Woodrow Homes,Inc. 2300 Camino Ramon,Suite 100 �r �+ San Rarrwr,CA94503 Supervisors and County Administrator St.Paul Fire and Marine Insurance Co. 100 California St. Sart Francisco,CA 94111 Attn:Janet C.Rojo By �+�- , Deputy THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on November 30, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 2004/ 619 SUBJECT: Amending Subdivision Agreement, and Approval of the Third Extension of Subdivision Agreement for Subdivision 98-08163, Alamo area. (District III) The following substitute security to guarantee the public improvements during the warranty period as required by Title 9 of the County Ordinance Code was presented for Board approval this date. Said document was accompanied by the following: Security to guarantee the public improvements as required by Title 9 of the County Ordinance Code, as follows: a. Cash deposit (Auditor's Deposit Permit No. 356762, dated September 26, 2000) in the amount of$ 1,000.00, made by Taylor Woodrow Homes. b. New security in the form of a corporate surety bond dated October 22, 2004, and issued by St. Paul Fire and Marine Insurance Company (Bond No. TF1277) with Taylor Woodrow Homes, Inc. as principal, in the amount of$7,777.00 for faithful performance and$7,700.00 for payment(labor and materials). DL:rm G:1GrpData\Engsvc\BO\2004\11-30-04\SD 98-08163 BO-23.doc I hereby certify that this is a true and correct copy of an Originator:Public Works(ES)(313-2264) Contact: Frank Navarro(31action taken and entered on the minutes of the Board of cc: Director of Community Development Supervisors on the date Shown. Current Planning,Community Development Public Works Accounting Construction NOVEMBER 30 2004 T—September 6,Zoos ATTESTED: y TaylorCamino Ramon,Suite 100 y 1�Homes,Ino. 2300 JOHN SWEETEN Clerk of the Board of Supervisors 2300 Cam San Ramon,CA 94503 and County Administrator St.Paul Fire and Marine Insurance Co. 100 California St. San Francisco,CA 94111 Atm:Janet C.Rojo By , Deputy RESOLUTION NO.2004/ 619 SUBJECT: Amending Subdivision Agreement, and Approval of the Third Extension of Subdivision Agreement for Subdivision 98-08163,Alamo area. (District III) DATE: November 30, 2004 PAGE: 2 The Public Works Director having recommended that he be authorized to execute the third agreement extension which extends the subdivision agreement between Taylor Woodrow Homes, Inc. and the County for construction of certain improvements in Subdivision 98-08163,Alamo area, through November 6, 2005; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 100°1 REASON FOR EXTENSION: Warranty Period IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. NOW THEREFORE BE IT RESOLVED that the Subdivision Agreement approved by the Board on February 6, 2001, is hereby AMENDED to allow substitution of the above-mentioned corporate surety bond in place of the performance/maintenance surety for $92,210.00, Bond No. 11133511839 issued by The American Insurance Co.; BE IT FURTHER RESOLVED that the performance/maintenance security Bond No. 11133511839 with Taylor Woodrow Homes,Inc. is EXONERATED. All deposit permits are on file with the Public Works Department. RESOLUTION NO. 2004/619 CONTRA COSTA COUNTY SUBDIVISION AGREEMENT EXTENSION Development Number: Subdivision 98-08163 Developer: Taylor'Woodrow Homes Original Agreement Date: February 6, 2001 Third Extension New Termination Date: November 6, 2005 Improvement Security Surety: St.Paul Fire and Marine Insurance Co. Bond No. (Date): TF1 277(October 22,2004) I Security Type Security Amount Cash: $ 1,000.00 (1% cash, $1,000 Min.) Band: $7,777.00 (Performance) The Developer and the Surety desire this Agreement to be extended through the above date; and Contra Costa County and said Surety hereby agree thereto and acknowledge same. Dated. € ' Dated: Nove mer 4>n04 — FOR CONTRA COSTA COUNTY Maurice M. Shiu,Public Wor s Dir ctor Developer's Si By: Ld a ,c3 t qjqa—wowtow *toC�r RECOMMII7LD FDR APPROVAL: Address By: St. Paul Fire and Marine Insurance Company (Engineering Services Division) Sur or Financial Institution rnFrancisco, alifornia St. CA 94111 A1ddress (NOTE. Developer's, Surety's and Financial Institution's Signatures must be Notarized.) Attorney i acts Signature FORM APPROVED:View 1.wa—j, Cowuy Co wj M. Moody, Attorney in Fact Printed After Approval return to Clerk ofthe Board OCT 2 5 b4 SubdivisfoU-, 8163 Baird No..-- TF1277 IMPRO V`EWNT SECURITY BOND FOR SUBI7MSION A,GREEwNT (Performance, Guarantee, and Payment) (California Government Code §§ 66499 -66499.14) 1. R cl w flu~ trDntyrcrt,u AVRFs`MENJ. The Principal has executed an agreement with the County to install and pay for street, drainage, and other improvements in Subdivision 8.163 as specified in the Subdivision Agreement, and to complete said work within the time specified for completion in the Subdivision Agreement, all in accordance with States and local laws and. rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel Map for said Subdivision. 2. aLjgrAJ I- N TAYLOR WOODROW HOMES, INC. as Principal,and St. Pain Fire and Marine, In$urance Com an ,a corporation csrgaxti,ed existing under the laws of the State of Minnesota and authorized to transact surety business in California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns to the County of Contra Costa, California to pay it: Seven Thousand Seven Hundred A. Performance and Guarantee; Seyent:y, Seven and..no/100ths--_-_____ ($7,777.00 -------------- ) for itself or any city assignee under the above County Subdivision Agreement, plugs B. Payment. Seven. Thousand Seven Hundred Seventy Seven and no1100thsDollars {S 7,777,00 to secure the claims to which resference is made in Witte XV (commencing with Section 3482) of Part 4 of Division M of the Civil Cade of the State of California. 3. Ctrtit�trtc�x A. The Condition of this obligation as to Section 2.(A)above is such that if the above bonded principal, his or its heirs,executors, administrators, successors or assigns,shall in all things stand to and abide by, and well and truly keep and perforin the coyonants,.conditions and provisions in the said agreement and any alteration thereof made as therein provided, on is or its part, to be kept and perfon-aed at the time and in the manner therein specified, and in all respects according to their true intent and mearting, and shall inderrinify 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 shalt be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by County (or city assignee) in successfully enforcing such obligation, all to be taxed as costs and included in any judgement rendered, B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the undersigned as corporate surety are held fimly bound unto the County of Contra,Costa and all contractors, subcontractors, laborers,material men and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact amount thereof, costs and reasonable expenses and fees, including reasonable attorney`s fees, incurred by County (or city assignee) in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered, It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,companies and corporations entitled to file claims under Title 15 (commencing with.Section 3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this band be fully performed then this obligation shall become null and void, otherwise it shall be and remain in full force and effect, C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby given to make such alteration without further notice to or consent by Surety, and the Surety hereby waives the provisions of California Civil Code Section 2819,and holds itself bound without regard to and independently of any action against Principal whenever taken. 51!GNED AND- jEALED on October 22, 2004 St. Paul Fire and Marine PRINICIpAL. Taylor Woodrow Homes, Inc. SURETY- Insurance Company Address: 2300 Camino Ra Address: 100 California St. City: San Ramon, CA p; 1945$3 city:San Fraa�cisc€�, CA Zip, 4111 By: By: (/ Print Name: 3 ,�' p Janet C. o j o , 4 S {� ; H Title; 1 ,>i >� t1_ V Witte: Attorney in Pact MW G:rC`npplal�En�S•efimnu�N wQ1i�+8N•t T.da¢ Rsr.Joni 17,t6gp St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company Fidelity and Guaranty Durance Underwriters,Inc. Seaboard Surety Company St.Paul Medical Liability Insurance Company Bond N,O. TF1277 RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 (the "Act). No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond, and is effective the date of the bond. You should know that, effective November 26, 2002, any losses covered by the attached bond that are caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Act. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. Under the Act, there is a cap on our liability to pay for covered terrorism losses if the aggregate amount of insured losses under the Act exceeds $100,000,000,000 during the applicable period for all insureds and all insurers combined. In that case, we will not be liable for the payment of any amount which exceeds that aggregate amount of $100,000,000,000. The portion of your premium that is attributable to coverage for acts of terrorism is A.©0 IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California ss. County of 4. y't ,ae On t. ; ,. �, �. ✓-�_� ,. ,;`-.t3efore me. •s .i 5' 1 +,.�, ;L;; .a�±�'3 �- <- :{r s Date 'dame and Tale of O fioer(e g�same Doe Notary.Pi,;CsisC"} : a ' personally appeared Nameis)of Sitner(s) personally known to me ❑ proved to me on the basis of satisfactory evidence / to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed ts' the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or 1tERt7NICA SIM{N1 �0 the entity upon behalf of which the person(s) s _ C �# t 43"18 acted: executed the instrument. �f,pubYc-c� Cotrtrti cow � WITNESS my hand and official seal. #r; MyCMM-Ex ftP gq: Signature or Notary Public s� OPTIONAL Though the information below is not required by taw..it may prove valuable to persons retying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document 0 Title or Type of Document: Document Date: _ v_ Number of Pages: Signer(s)Other Than Named Above: w Capacity(les) Claimed by Signer Signer's Name: 04 El individual Tot:of thumb here y Corporate Officer—Title(s): I D Partner— l Limited C General { ❑ Attorney-in-Pact E a` G1 Trustee F1 Guardian or Conservator ; J LJ Other: Signer Is Representing: S,8�,5 Naiional Nofey Aas iaifo^•9350 06 Soto Ave.,P.O.Sox 2402+Chatsworth,CA 918".3-2402•www.nationalnotM.org Prod.No.5907 ,Reorder:Gail To8-Frey 1-800-878-8827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of San Francisco On October 22, 2004 before me, Betty L. Tolentino,Notary Public personally appeared * * * * * * * *3anetC. Rojo * * * * * * * * * * * * * * * * * * Opersonally known to me - OR- 0 proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person,or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. •y !?fir. ;, ... t k T.,::{ { , 1 d tit s nature of Notary "c,.a¢K Siff• a.% c;;:x v:oc.;? .:.<S:'::•.• :7{. : ATTORNEY POWER @.�.._��.....m._�__��...� OF3 &Paul Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company 24360 Power of Attorney No. Certificate No. ° KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and that Fidelity and Guaranty inst;rance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively culled the "Companies"), and that the Companies do hereby snake,constitute and appoint Susan Hecker,Janet C.Rojo,Swan Lee,Cynthia L.Lewis,Maureen O'Connell,Betty L.Tolentino, s M.Moody,and J.M.Albada i of the City of San Francisco �^ State Californiam _ _ their true and lawful Attarney(s)..in-Fact, each in their separate capacity if more than one is named above,to sign its nae as surety to,and to execute,seal and acknowledge any and all bonds,undertakings, ,s contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or pe niitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this___8th day of Jun e2004 Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company ' ddp$�t+'ee���7y+y ��Fi 4yRyr d�pN iM,(G,y �a. s a,� y�tSr •, 3i.1 O n �CaK OA y Ty y,?4•iAAPtlRAT�.,nl � �� 7 S 8 A,.,da �`�.SS,t�T,'� � t�t38 � � '}JI% "l��f PETER W.CARMAN,Vice President State of Maryland City of Baltimore THOMAS E.HiIIBREGTSB.Assistant Secretary On this_ day of Jane 2004 , hefore tire,tlae undersigned officer,personally appeared Peter W. Carman and Thomas E. Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and # Marine Insuratice Company,St.Pau(Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and E Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,lnc.;and that the seals affixed to the foregoing instrument are the corporate seals of l said Companies;and that they,as such,being authorized so to do,executed the foregoing i;tstrumen.,for the purposes therein contained by signing the names of the corporation,by themselves as duly authorized officers. 4¢�GGp cAY3 In Witness Whereof,I hereunto set my hated and official seal. 1 7,4 MY �gflC My Commission expires tate Ist day of July,2006_ '� CSTY REBECCA EASL.EY-ONOKALA,Notary Public i Z t i 2 F 86203 Rev.7-2002 Printed in U.S.A. l This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,5t.Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1998,which resolutions are now in tall force and effect,reading as follows: 2 sRESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to said business may be signed,executed,and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing a lacers and the sea!of the Company may be affixed by facsimile to any Power of Attorney or to any certfcate relating thereto appointing Attorney(s)-in-Fact for purposas s only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any such Power of Attorney or certificate bearing such facsimile signature or facsimile seat shall be valid and binding upon the Company,and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to # which it is validly attached;and # RESOLVED FURTHER,that Attorneys)-in-Fact shall have the power and authority,and, in any case, subject to the terms and limitations of the Power o: Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other writings obligatory in the nature thereof,and any such instrument executed by such Attorney(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I,Thomas E.Huibregtse,Assistant Secretary of Seaboard Surety Company, St.Paul Fire and Marine insurance Company,St, Pau'Guardian Insurance Company, i St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force b and effect and has no?.been revoked. IN TESTIMONY WHEREOF,1 hereunto set my hard this 22nd day of October — 2004 Si�ETY yflR&M64 �`RN 1pSU9 Jp� RBUA,,� SY� A1N Thomas E.Huibregtse,As;istu;t Secretary To verify the authenticity of this Power of Attorney,call 1-800-421.3890 and osk for the Power of Attorney clerk. Please refer to the Power of Attorney number; the above-named individuals and the details of the bond to which the power Is attached. 't 3 i ........................................................................... i5-NOV-04 10:49AM ;Rom- 7-271 P.0021002 F-950 ACTION BY THE BOARD OF DIRECTORS OF TAYLOR WOODROW HOMES, INC. BY UNANIMOUS WRITTEN CONSENT WITHOUT A MEETING The undersigned, as members of the Board of Directors of TAYLOR INOODROW HOMES, INC., a corporation organized under the General Corporation Law of California(the "Corporation`),beim all of the members of such Board as presently constituted,do by this writing consent to the following actions and adopt the following resolution: ii1PW AS, the Board has accepted the resignation of William E. Reed from the position of President of the Northern California division of the Corporation effective April 1, 2004. WHEREAS, Scott Manard had previously been elected by the Beard to the position of Northern California bice President of Land and Planning. RESOLVED, that Scott Manard Is hereby elected to the position of Vice President- Northern California Division and in such capacity, aiding alone or jointly with other officers of the Corporation,is hereby authorized to execute 21I documents and to take such action as he may deem necessary or advisable in order to carry out and perform the purposes of the Corporation and this resolution as same may be related to the business, management and operation of the Northem Califomla division of the Corporation. The Board executes this consent pursuant to the Corporations Code of the State of California and the Bylaws of this Corporation that authorize the taking of action by unanimous written consent without a meeting. ®ATFL: March 24, 2004 PESHKIN BFt{ASN ON 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of Calif ornia OPTIONAL SECTION County of San Francisco CAPACITY CLAIMED BY SIGNER Or, J the€ore me, Bett L• Tolentino, Not ary Publiq Though statute does not require the Notary to fill f DATE NAME,TITLE OF OFFICER E.G.."JANE DOE,NOTARY PUBLIC" in the data below,doing so may prove invaluable to persons relying on the document. personally appeared M. Moody k NAME(S)OF SIGNERS) ❑ INDIVIDUAL ! 0 personally known tome-OR- ❑ provided tome on the basis of satisfactory evidence to C7 CORPORATE OFFICER(S) be the petson(s)whose name(s)is/are subscribed to the within instrument and TITLE(S) acknowledged to me that he/she/they executed 0 'PARTNER(S) ❑ LIMITED the same in his/her/their authorized ❑ GENERAL capacity(ies),and that by his/her/their 11 ATTORNEY-IN-FACT signature(s)on the instrument the person(s)or p TRUSTEE(S) �3 TO L the entity upon behalf of which the person(s) ❑ CiUARDIANlCONSERVATOR n acted,executed the instrument. ❑ OTHER: f h, WI ESS my ha d otficiai seal, SIGNER IS REPRESENTING: e 1 NAME OF PERSON(S)OR ENTITY(IES)} .. IGA URE NOTARY 04owledged to me that such corporation executed the wit in instrument pursuant to its by-laws or a resolution of its Board of Directors. OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data 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. 11. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated, III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign for and 515HU-Ee partnership. IV. SIGNATURES FOR CORPORATIONS Documents should e 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 }}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." CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of 0.ait;err-n i OPTIONAL SECTION County of rm+na cAs // CAPACITY CLAIMED BY SIGNER On #s S-ag before me,� _ Ct) fiCL 0 > bt#I.✓, Though statute does not require the Notary to till DATE NAME.TITLE OF OFFICER E.O., ANE DOE,h RY PUBLIC" in the data below,doing so may Prove invaluable ( to persons relying an the document. personally appeared S,t 444 M n+v &J NAME(S)OF SIGNER(S) p INDIVIDUAL personally known to me-OR- ❑ provided to rete on the basis of satisfactory evidence to ❑ CORPORATE OFFICER(S) be the person(&)whose name(w3 is/am TITLE(S) subscribed to the within instrument and acknowledged to me that he/sioAhey executed ❑ PARTNER(S) ❑ LIMITED DEBRA A A .Sl� tOG the same in histk�ar authorized ® t,BNERAL COMM.*1313582 capacity4ws and that by hWher 4ei* 0 ATTORNEY-IN-FACT NOTARY P i8 (C CA res F©RNisignatures)on the instrument the person(s4 or 9COMML CONTRA COSTA CGUNM 0 the entity upon behalf of which the person(s3 ❑ G�ARDIAN/CONSERVATOR -XF.JU:Y'b,21305 acted,executed the instrument. Ci OTHER: WITN=Mdft" eal 1 SIGNER IS REPRESENTING: (NAME OF PERSON(S)OR ENTITY(IES)} SIGNATURE OF NOTARY 0 acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data 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 statea. III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have the authority to sign or ana bindthe partnership. IV. SIGNATURES FOR.CORPORATIONS Documents should e signed y two ofTicers,one from each of the following two groups: GROUP 1. �ab�The Chair of the Board The President c)Any Vice-President GROUP 2. laI The Secretary bAn Assistant SecretarcThe 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." a Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company 8t.Paul Guardian Insurance Company Ptdelity and Guaranty Insurance Company St.Paul Mercury Insursatce Company Fidelity and Guaranty Insurance Underwriters,Inc. Seaboard Surety Company St Paul Medical Liability Insurance Company Bend Ne. TF1277 RIDER CONTAINING DISCLOSURE NOTICE OF TERRORISM COVERAGE This disclosure notice is required by the Terrorism Risk Insurance Act of 2002 {the "Act"}. No action is required on your part. This Disclosure Notice is incorporated in and a part of the attached bond, and is effective the date of the bond. You should know that, effective November 26, 2002, any losses covered by the attached bond that are caused by certified acts of terrorism would be partially reimbursed by the United States under a formula established by the Act. Under this formula, the United States reimburses 90% of covered terrorism losses exceeding the statutorily established deductible paid by the insurance company providing the coverage. Under the Act, there is a cap on our liability to pay for covered terrorism losses if the aggregate amount of insured losses under the Act exceeds $100,000,000,000 during the applicable period for all insureds and all insurers combined. In that case, we will not be liable for the payment of any amount which exceeds that aggregate amount of $100,000,000,000, The portion of your premium that is attributable to coverage for acts of terrorism is 10.0Q. IMPORTANT NOTE: THE COST OF TERRORISM COVERAGE IS SUBJECT TO CHANGE ON ANY BONDS THAT PREMIUM IS CHARGED ANNUALLY. .............. lbe&ftj POWER OF ATTORNEY Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. St.Paul Mercury Insurance Company i i i S s 24360 Power of Attorney No. Certificate No. Q 8 1 KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under s the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance # Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectivel),called the "Companies"), and that the Companies do hereby make,constitute and appoint 3 Susan Hecker,Janet C.Rojo,Swan Lee,Cynthia L.Lewis,Maureen O'Connell,Betty L.Tolentino, M.Moody,and J.M.Albada # San I 1 of the City o; ranCiSCo State California their true and lawful Attorneys)-in-Fact, each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,sea!and acknowledge any and all bonds,undertakings, s contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the 3, performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. s IN WITNESS WHEREOF,the Companies have caused this instrument to be signed and sealed this 8th day of June 2004 z Seaboard Surety Company United States Fidelity and Guaranty Company St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc. ySt.Paul Mercury Insurance Company ' s # 51�tiTy � i� 99 �O' Fteb�s, iV1t�9oRiYfan,n �i -@ � ••wr.cmNn?) RpAPOA 1527 ;x,., 3 gg�g; 7eg&n� j$j PETER W.CARMAN,Vice President j _,i OFt�AW ,siFrlNc,� �lSa AM � �Altf 7'" F i State of Maryland ; 1 City of Baltimore TPOMAS E.HUIBREME,Assistant Secretary # On this g day of June 2004 before me, the undersigned officer, personally appeared Peter W. Carman and Thomas E.Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and i Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and 3 Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of said Companies;and that they,as such,'being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the � corporations by themselves as duly authorized officers. ��c P asr�y�INVO �p •�jKr- ,tl� In Witness Whereof,I hereunto set my hand and official seal. UgL1�P My Commission expires the i st day of July,2006. AI �f cif(gyp REBECCA EASLEY-ONOKALA.Notary Public t # s i S i i f 86203 Rev.7-2002 Printed in U.S.A. 3 i This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St.Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1948,which resolutions are now in full force and effect,reading as follows: t RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating to said business may be signed,executed,and acknowledged by persons or entities appointed as Atrorney(s)-in-Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved,printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may he affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shad be valid and binding upon the Company,and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding Upon the Company with respect to any bond or undertaking to which it is validly attached;and RESOLVED FURTHER,that Attorney(s)-iii-Fact shall have the power and authority,and,in any case, subject to the terms and limitations of the Power of Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other- writings obligatory in the nature thereof,and any such instrument executed by such Attorneys)-in-Fact shall be as binding upon the Coripany as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I,Thomas E.Huibregtse,Assistant Secretary of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,Si,Paul Guardian Insurance Company, St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force i and effect and has not been revoked. IN TESTIMONY WHEREOF,I hereunto set my hand this 4th _day of November-- -- - 2004 SURE7y iia€"at*'q jys:`! pt,us�y y11tyA,y� �y � �' 'I927 -�M �R _. �:A #�';�".....Fn � � ztv. .m F /�C►"y�,.c1 e�.,fY N� ;�senr.jo� �sBa,n!� t� 1886 '1877'. 1951 . v �s a°' e•.....yap f �5.. ..F ,r :.homas E.Hu3bregtse,Assistant Secre:arY To verify the authenticity of this Power-of Attorney,call 1-800-421.38$0 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number, the above-named individuals and the details of the bond to which thepower is attached. {WL IWUNI Y OF CUNTRA COSTA DEPOSIT PERMIT OFFICE OF COUNTY AUDITOR-CONTROLLER TO THE TREASURER: MARTINEZ,CALIFORNIA RECENED FROM Contra Costa Cototy Public Works ORGANIZATION NUMBER 4500 (org* ) 255 Glar-i Dr. kkigtlimz, CA 94552 (For Cash Collection Procedures see County Administrator's Bulletin 105.) DESCRIPTION FUND/OM ACCT TASK lI QPTION ACTIYfrY AMOUNT Brntwd DA30C APNO190600213 007558 9140 $ 5441.32 Brntwd DA30C Cam APNO1.90600213 007558 2310 SAS I 6D8148 <21072> Brntwd DA105 Reg Sub 8.368 007590 91.40 51,7A 00 I Brntwd DA105 Reg, Sub 8368 Comm 007590 2.310 _,:ZAJ6D8148 <2581.50 Knight Wtr 950396 007498 5797 3601.00 Pager 004500 2250 HEQ 999SAS 5dt9 Cell Phone 004504 2110 SAS 904SAS 141.58 004503 , 903SAS 38;.78 t Postage 0045030 2100 SAS 999SAS 61.60 3 Toner Abate ; 351.00 LPS 131.24 Fiber Optic Lic Rev Agree 007520 9975 REV 638315 11175621.50 s 289103 0810 61$87-9.00 0 Trust Ftsz'Id 812100 0800 t 819800 41 170303 .003 EXPLANATION: TOTAL $ i Acct 1040239-1040250 (1 Acrid 1040240) DEPOSIT 73427 .39 Deposit consists of the following Items 1135 Acct 1040711-1140713 No Voids COIN and CURRENCY $ ' CHECKS,MO.,ETC. $ 734t266.04 BANK DEPOSITS $ FOR AUDITOR-CONTROLLER USE ONLY DEPOSIT PERMIT D NUMBM367_u�' SEF"K W DATE ASSIGNED The amount of morin+described above is for Treosurer's receipt of above amount is approved. Receipt of above amount is hereby deposit into the County Treasury. acknowledged Signa CA kLsDate_ 94 Signed: Title: Acct C 3-2344 NpLt County i r Deputy County Treasurer D-34REV.(7-93) 7/ r"� 7,:,`, S Jeff Azile (2) Carol Roger Cindyi��`zza Debra , �` ���j.'"i/'"/ �,-+�k°'"'—'w"�-,r+c".✓' DATE .� f TO FROM SUBJECT { �, , �%l,}, .r,"' f,�, y„( `;,7' ,7 r''� ...�/.r ,. lt' i �'_7 c� ,� �.r ,,1 _. ,,." .. .'•�' "'°c"'�_r r'� .. .<' _ SIGNED PLEASE REPLY HERE TO DATE SIGNED INSTRUCTIONS-FILL IN TOP PORTION,REMOVE DUPLICATE(YELLOW)AND FORWARD REMAINING PARTS WITH CARBONS.TO REPLY, FILL IN LOWER PORTION AND SNAP OUT CARBONS.RETAIN TRIPLICATE(PINK)AND RETURN ORIGINAL. FORM M 1 12 tp1 Trust Fund 819800µ0800 $1,000.00 G#1040713 Sub 8163 Cash Bond Guarantee of Performance. Taylor Woodrow Hames Inc., 24461 Ridge Route Drive, #100, Laguna Hills, CA 92653-1686 �e"l Trust Fund 812100-0800 Total $507,332.00 CG708 #11140712 $4,328.00 SD8163 San Ramon Drainage Mitigation Fee, Taylor # Woodrow Homes Inc., 24461 Ridge Route Drive, #100, Laguna Hills, CA 2.653-1686 #1040711 $51,441.50 Brntwd DA105 Sub Regional Sub 8368 (Fees 51,700.00 Less Commission (258.50) = $54,441.50), City of Brentwood, Third Street, Brentwood, CA 94513 L$ ► G#1040249 $451,562.50 Fiber Optic License Revenue Per Agreement, GST ° • Telecom Inc., 4001 Main Street, Vancouver, WA 98663