HomeMy WebLinkAboutMINUTES - 12192006 - C.09 `fit....�:•---- U
TO: BOARD OF SUPERVISORS ``"=-�� ``�_=��='•`:. Contra
J
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
Costa
DATE: December 19, 2006 9�T\` -
County
SUBJECT: Approving the Drainage Improvement Agreement for Drainage Acceptance 05-00052 (cross-
reference Subdivision 99-08331), being developed by Danville Tassajara Partners,LLC, Danville
area. (District III)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2006/_<E9!F7 for Drainage Acceptance 05-00052(cross-reference Subdivision 99-08331),
approving the Drainage Improvement Agreement for project being developed by Danville Tassajara Partners,LLC,
Danville area. (District III)
FISCAL, IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
Drainage Acceptance 05-00052(cross-reference Subdivision 99-08331)has been reviewed and processed by Public
Works staff and meets all applicable conditions of approval regarding drainage improvements.
CONSEQUENCES OF NEGATIVE ACTION:
The Drainage Improvement Agreement will not be approved.
Continued on Attachment: t/ SIGNATURE:
.iRECONIMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
—APPROVE OTHER
r
SIGNA'T'URES :
ACTION OF BO ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPEVISORS I hereby certify that this is a true and correct
X 1.!! AN1:t10LIS(11'.4 CA NT) DIST.IV copy of an action taken and entered on the
a 3 E,S==--------- NOES -----=------ minutes of the Board of Supervisors on the
1 BSE,1 r':-------=---ABSTAIN:-------- date shown.
I.L.:vz
G:\EneSvc\130\2006\12-19\130-20 DA 05-0052.doe �GG(�d�6Ga/�9g -aG
Originator:Public Works(ES) ATTESTED:
Contact:T.Rie(313-2363) JOHN CULLEN, Clerk of the Board of
M. Pubic Works- A.Bell,Construction
T–October 19,2007 Supervisors and County Administrator
Danville"Iassajara Partners,LLC
6121 Bollinger Canyon Road,Suite 500
San Ramon,CA 94583
Attn:Brian Olin
Fidelity and Deposit Company of Maryland By , Deputy
801 N.Brand Blvd,Penthouse Suite
Glendale,CA 91203-1237
Attn:Jeri Apodaca
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on December 19, 2006 by the following vote:
AYES: SUPERVISORS UILKEMA,
PIEPHO, GLOVER. AND GIOIA
NOES: NONE
VACANT: DISTRICT IV
RESOLUTION NO. 2006/ ��—
SUBJECT: Approving the Drainage Improvement Agreement for Drainage Acceptance 05-00052
(cross-reference Subdivision 99-08331), being developed by Danville Tassajara
Partners, LLC, Danville area. (District III)
These improvements are approximately located near Montorosso Street and Camino
Tassajara.
The following document was presented for Board approval this date for Subdivision 99-
08331, drainage acceptance file 05-00052, property located in the Danville area, Supervisorial
District III.
A drainage improvement agreement with Danville Tassajara Partners, LLC, principal,
whereby said principal agrees to complete all improvements, as required in said drainage
improvement agreement,within two years from the date of said agreement. Improvements generally
consist of drainage improvements for the subdivision.
Said document was accompanied by security to guarantee the completion of drainage
improvements, as required by Title 9 of the County Ordinance Code, as follows:
LL.:vz
G:\EngSvc\BO\)006\12-19\BO-20 DA 05-0052.doc I hereby certify that this is a true and correct copy of an action taken
Originator:Public Works(ES)
Contact:T.Rie(313-2363) and entered on the minutes of the Board of Supervisors on the date
cc: Pubic Works- A.Bell,Construction shown.
T—October 19,2007
Danville Tassajara Partners,LLC
6121 Bollinger Canyon Road,Suite 500 A7-TESTED:
San Ramon,CA 94583
Attn:Brian Olin JOHN CULLEN, Clerk of the Board of Supervisors and County
Fidelity and Deposit Company of Maryland
801 N.Brand Blvd,Penthouse Suite Administrator
Glendale,CA 91203-1237
Attn:Jeri Apodaca
By , Deputy
RESOLUTION NO.2006/ ��S
SUBJECT: Approving the Drainage Improvement Agreement for Drainage Acceptance 05-
00052 (cross-reference Subdivision 99-08331), being developed by Danville
Tassajara Partners, LLC, Danville area. (District III)
DATE: December 19, 2006
PACE: 2
I. Cash Bond
Performance Amount: $1,500.00
Auditor's Deposit Permit No. DP4723I S Date: October 19, 2006
Submitted by: Danville Tassajara Partners, LLC
Taxpayer identification number: 20-1461254
II. Surety Bond
Bond Company: Fidelity and Deposit Company of Maryland
Bond Number and Date: 08862524 October 5, 2006
Performance Amount: $144,700.00
Labor&Materials Amount: $73,100.00
Principal: Danville Tassajara Partners, LLC
NOW, THEREFORE, IT IS RESOLVED that said drainage improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 2006/Sc '
DRAINAGE IMPROVEMENT AGREEMENT
Subdivision: DA 05-00052(x-ref SUB 99-08331) Effective Date: 1Z
Developer: Danville Tassaiara Partners,LLC Completion Period: 2 year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO DANVILLE TASSAJARA PARTNERS,LLC,
a Delaware limited liability company
By: Lennar Homes of California, Inc.
CONTRA COSTA COUNTY a California corporation,
Maurice M.Shiu,Public Works Director Its Managing Member
By.
(signature)
RECOMMENDED FOR PPROVAL (print name&title)Brian G.Olin, Vice-President
(signature)
Br
Enginee6e ices Drvisn (print name&title)Erik S. Brown,Asst. Secretary
FORM APPROVED: Victor J.Westman,County Counsel
(NOTE: All signatures to be acknowledged_if Developer is incorporated,sig atures must
conform with the designated representative groups pursuant to Corporations Coc!6313.)
1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County,"and the above-named
Developer,mutually promise and agree as follows concerning this acceptance:
2. IMPROVEMENTS.Developer agrees to install certain off-tract drainage improvements and such other improvements(including appurtenant
equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and
in conformance with the Contra Costa County Ordinance Code(including future amendments thereto).
Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a
good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County
Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter
requirements shall govern.
3. IMPROVEMENT SECURITY. Upon executing this Agreement,the Developer shall provide as security to the County:
A. For Performance and Guarantee: $ 1,500.00 cash,plus additional security,in the amount of$ 144 700.00
together total one hundred percent(1001/6)of the estimated cost of the work. Such additional security is presented in the form of-
Cash,
fCash,certified check,or cashier's check.
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion
and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of$ 73,100.00 ,which is fifty percent(50%)of the estimated cost of the work.
Such security is presented in the form of.
Cash,certified check,or cashier's check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing
labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of-the Developer,
the amount of the securities may be reduced in accordance with S94-4.406 and S94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Developer 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. Developer agrees to correct,repair,or replace,at his expense,any defects in said work.
5. IMPROVEMENT PLAN WARRANTY. Developer 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 development. K at anytime 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,Developer shall make whatever
changes are necessary to accomplish the work as promised.
6. NO WAIVER BY COUNTY_ Inspection of the work and/or materials,or approval of work and/or materials or statement by any officer,agent or
employee of the County indicating the work or any part thereof complies with the requirements of this Agreement,or acceptance of the whole or any part
of said work and/or materials,or payments therefor,or any combination or all of these acts,shall not relieve the Developer of his obligation to fulfill this
agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of
the terms and conditions hereof.
7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities from the liabilities as defined in this section:
A. The indemnities benefitted and protected by this promise are the County and its special district,elective and appointive boards,
commissions,officers,agents and employees.
B. The liabilities protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened because of
actions defined below,and including personal injury,death,property damage, inverse condemnation,or any combination of these,and regardless of
whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as
complete,and including the defense of any suit(s),action(s)or other procceding(s)concerning said liabilities and claims.
C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this
Agreement and attributable to the Developer,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 indemnity has
prepared,supplied,or reviewed 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 from any negligent or willful misconduct of any Indemnity.
8. COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
9. NON-PERFORMANCE AND COSTS. If Developer fails to complete the work within the time specified in this Agreement,and subsequent
extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to
pay all costs and charges incurred by the County(including,but not limited to:Engineering,inspection,surveys,contract,overhead,etc.)immediately
upon demand.
Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even ifDeveloper
subsequently proceeds to complete the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer
agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds
to complete the work.
10. ASSIGNMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign
to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights.
LlAw
G:\EngSvc\LarTy LeongTrojects\13A0052 IP BioRclention COLADA 0052 Drainag Improvermt ft eememdoc
Rev.April 6,2000
CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT
State of California l
County of /+'/1'/9 ss.
On (/G� ��, ��� before me, ��jP�l+ Oma/ ,Notary Public,
personally appeared a `r•
'personally known to me
U, proved to me on the basis of satisfactory
evidence
to be the person(4 whose name(s)4s7lare
subscribed to the within instrument and
acknowledged to me that-lie/s#e/they
executed the same irr-his/lier/their authorized
capacity(ies),and that by-his+ff/their
RUTH ELLEN BISHOP signature(s)on the instrument the person(s),
6Commission# 1670361 or the entity upon behalf of which the
Notary Public-California _ person(s)acted,executed the instrument.
Contra Costa County
1MVCwnm.ExpIresMaV26.2014 WITH a d official seal.
OPM
OPTIONAL
Though the information below is not required by law;it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: _ Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies)Claimed by Signer
Signer's Name:
C Individual
El Corporate Officer—Title(s): Top of thumb here
I., Partner- Limited General
D Attorney-in-Fact
-1 Trustee
❑ Guardian or Conservator
EJ Other:
Signer is Representing:
SwA
- �- C'-%IVSULTING
'
FESS
0
`C, O 0��
s' - BOND ESTIMATE FOR A; �, I �� altt�,5vcs.
3 N .CE0437 INTERVENING PROPERTIES � y >_. % Dept.
8/2005
r CONTRA COSTA COUNTY REV. 1015/2006
*s� Civ�� ` BIORETENTION CELL DA#0052
q�OF CA�1Fp
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT
BIORETENTION CELL (Northeast)
1. Access Road(6"CON./67AB } 1,130 s.f. $ 6.00 $ 6,780.00
2.. Mulch(25°x6 of section) 91 c.y. $ 35.00 $ 3,185.00
3. Topsoil(25%of section) 91 c.y. $ 35.00 $ 3,185.00
4. Sand(50%of section) 182 c.y. $ 50.00 $ 9,100.00
5. Drainage Blanket(MIRAFI G100N) 6,530 s.f. $ 2.00 $ 13,060.00
(Bottom &Sides)
6. 12"Subdrain(AASHTO M-278) 60 I.f. $ 15.00 $ 900.00
7. 25-Lb. Rip Rap 32 ton $ 90.00 $ 2,880.00
SUBTOTAL $ 39,090.00
STORM DRAIN (Northeast)
1. 18"RCP 15 11 $ 108.00 $ 1,620.00
2. Catch Basin(Type C-1 Base) 2 each $ 3,000.00 $ 6,000.00
3. Type M Headwall 1 each $ 2,600.00 $ 2,600.00
4. Tie to Existing Storm Drain 1 each $ 1,500.00 $ 1,500.00
SUBTOTAL $ 11,720.00
BIORETENTION CELL (Southeast)
1. Mulch(25%of section) 246 c.y. $ 1.00 $ 246.00
2. Topsoil(25%of section) 246 c.y. $ 50.00 $ 12,300.00
3. Sand(50%of section) 492 c.y. $ 50.00 $ 24,600.00
4. Drainage Blanket(MIRAFI G100N) 13,130 s.f. $ 2.00 $ 26,260.00
(Bottom &Sides)
5. 15"Subdrain(AASHTO M-278) 96 I.f. $ 22.00 $ 2,112.00
6. 25-Lb. Rip Rap 32 ton $ 90.00 $ 2,880.00
SUBTOTAL $ 68,398.00
STORM DRAIN (Southeast)
1. 24"RCP 25 11 $ 144.00 $ 3,600.00
2. Catch Basin(Type C-1 Base) each $ 3,000.00 $ 6,000.00
3. Type M Head ..,y,` e0 each $ 2,600.00 $ 2;600.00
4. Tie to Existing Storm[ u r ;=�R ,wF�c� Fs each $ 1,500.00 $ 1,500.00
1 SUBTOTAL $ 13,700.00
1
P ' e 1 of 2 bio cell
1440 Maria.Lane;Suite 2 alnut Creek. CA 94596/Te{: (925)93Z-6868/Fax: 19251,932-09 10/www.dkconsultinginc.com
::... :::..::. :....... . .-.................... . ..
4 Mff CONSULTING
IMPROVEMENT SUBTOTAL $ 132,908.00
CONTINGENCY (10%) $ 13,290.80
TOTAL BOND AMOUNT $ . 146,200.00
COUNTY FEES
1. Engineering Inspection($8000 plus 4.5%over$100,000) $ 10,079.00
FEE TOTAL $ 10,079.00
TOTAL BOND&FEES $ 156,279.00
.,c •rte ,;.:•
G
Page 2 of 2 bio ceN
1440 Maria Lane,Suite 200:Walnut Creek,CA 94596/Tei: (925)932-6868/Fax: (925)93Z-0910/www.dkconsultinginc.com
_:.�_... ...�::.. .. =..mow--...
DRAINAGE IMPROVEMENT AGREEMENT
Subdivision: DA 05-00052(x-ref SUB 99-08331) Effective Date:
Developer: Danville Tassaiara Partners,LLC Completion Period: 2 year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO DANVILLE TASSAJARA PARTNERS,ItLC,
A'.
a Delaware limited liability company
CONTRA COSTA COUNTY By Lennar I fomes of California,Inc.
Maurice M.Shiu,Public Works Director a California corporation,Its Managing Member
By:
(signature) G�--
RECOMMENDED FOR A OVAL (print name&title)Brian.G.Olin, Vice-President
By
(signature) '4 t /'Engineering Services Division (Print name&title)Erik S. Brown,Asst. Secretary
FORM APPROVED: Victor J.Westman,County Counsel
(NOTE: All sigmaues to be acknowledged.ff Developer is incorporated,signatures must
conform with the designated representative groups pursuant to Corporations CodcS313.)
I. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"County,"and the above-named
Developer,mutually promise and agree as follows concerning this acceptance:
2. IMPROVEMENTS_Developer agrees to install certain off-tract drainage improvements and such other improvements(including appurtenant
equipment)as required in the improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and
in conformance with the Contra Costa County Ordinance Code(including future amendments thereto)_
Developer shall complete said work and improvements(hereinafter called"work")within the above completion period from date hereof in a
good workmanlike manner, in accordance with accepted construction practices and in a manner equal or superior to the requirements of the County
Ordinance Code and rulings made thereunder;and where there is a conflict between the improvement plans and the County Ordinance Code,the stricter
requirements shall govern.
3. IMPROVEMENT SECURITY.Upon executing this Agreement,the Developer shall provide as security to the County.
A. For Performance and Guarantee: S 1.500.00 cash,plus additional security,in the amount of$ 144,700.00
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,the Developer guarantees performance under this Agreement and maintenance of the work for one year after its completion
and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of$ 73.100.00 which is fifty percent(50%)ofthe estimated cost of the work.
Such security is presented in the form of:
Cash,certified check,or cashiers check
X Acceptable corporate surety bond.
Acceptable irrevocable letter of credit.
With this security,the Developer guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or furnishing
labor or materials to them or to the Developer.Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Developer,
the amount of the securities may be reduced in accordance with S94-4.406 and S944.408 of the Ordinance Code.
4. GUARANTEE AND WARRANTY OF WORK. Developer 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. Developer agrees to correct,repair,or replace,at his expense,any defects in said work_
5. IMPROVEMENT PLAN WARRANTY. Developer 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 development. ll;at anytime 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, Developer shall make whatever
changes are necessary to accomplish the work as promised.
t
6. NO WAIVER BY COUNTY. Inspection of the work and/or materials,or approval ofwork 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 Developer of his obligation to fulfill this
agreement as prescribed;nor shall the County be thereby be stopped from bringing any action for damages arising from the failure to comply with any of
the terms and conditions hereof.
7. INDEMNITY. Developer shall defend,hold harmless and indemnify the indemnities from the liabilities as defined in this section:
A- The indemnities benefitted and protected by this promise are the County and its special district,elective and appointive boards,
commissions,officers,agents and employees.
B. The liabilities protected against are any liability orclaim for damage of any kind allegedly suffered,incurred or threatened because of
actions defined below,and including personal injury,death,property damage,inverse condemnation,or any combination of these,and regardless of
whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said improvement plans or accepted the work as
complete,and including the defense of any suit(s),action(s)or other proceeding(s)concerning said liabilities and claims.
C. The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this
Agreement and attributable to the Developer,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 indemnity has
prepared,supplied,or reviewed 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 from any negligent or willful misconduct of any Indemnity.
8. COSTS. Developer shall pay when due,all the costs of the work,including inspections thereof and relocating existing utilities required thereby.
9. NON-PERFORMANCE AND COSTS. If Developer fails to complete the work within the time specified in this Agreement,and subsequent
extensions,or fails to maintain the work,the County may proceed to complete and/or maintain the work by contract or otherwise,and Developer agrees to
pay all costs and charges incurred by the County(including,but not limited to:Engineering,inspection,surveys,contract,overhead,etc.)immediately
upon demand.
Once action is taken by County to complete or maintain the work,Developer agrees to pay all costs incurred by the County,even if Developer
subsequently proceeds to complete the work.
Should County sue to compel performance under this Agreement or to recover costs incurred in completing or maintaining the work,Developer
agrees to pay all attorney's fees,and all other expenses of litigation incurred by County in connection therewith,even if Developer subsequently proceeds
to complete the work.
10. ASSIGNMENT. If,before the Board of Supervisors accepts the work as complete,the development is annexed to a city,the County may assign
to that city the County's rights under this Agreement and/or any deposit,bond or letter of credit securing said rights.
LL--kw
G:TEngSvc\Urry Leoag%Projects\1)A0052 IP BioRetention CeIRDA 0052 Drainage Improves=t Ao eement.doe
Rev.Apnl 6,2000
CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT
State of California
County of [(/,1'/9 ss.
On before me, ��6- Notary Public,
personally appeared &07 _ 6/G - a4v 'r• �� �`
,Zpersonally known to me
❑ proved to me on the basis of satisfactory
evidence
to be the person(&r whose name(s)4v%re
subscribed to the within instrument and
acknowledged to me that4HW64te/they
executed the same imhisfher/their authorized
capacity(ies),and that by-hisfher/their
RUTH ELLEN 61SH1 signature(s)on the instrument the person(s),
_ Commission# 1670361 or the entity upon behalf of which the
$ -i�. Notary Public-California person(s)acted, executed the instrument.
i Contra Costa County
My Comm.Expires May 26,201 Or
WITN and official seal.
OPTIONAL
Though the information below is not required by law;it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: _
Document Date: Number of Pages:
Signer(s)Other Than Named Above: _
Capacity(ies)Claimed by Signer
Signer's Name: _
❑ Individual
❑ Corporate Officer-Title(s): — Top ofthumb hero
❑ Partner- Limited General
❑ Attorney-in-Pact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer is Representing:_
4,W CONSULTING
�pFESS/QNq '119P
•� �`- Y`' ,
_Ili
90117? •
BOND ESTIMATE FOR %n� `fir° 4t `'a�Svcs.
` �' ! n�'Dep
N cEa437 INTERVENING PROPERTIES 8/2005
CONTRA COSTA COUNTY REV. 1015/2006
BIORETENTION CELL DA#0052
OF CA�-��
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT
BIORETENTION CELL(Northeast)
1. Access Road(6"CON./67AB} 1,130 s.f. $ 6.00 $ 6,780.00
2. Mulch(25%of section) 91 c.y. $ 35.00 $ 3,185.00
3. Topsoil(25%of section) 91 c.y. $ 35.00 $ 3,185.00
4. Sand(50%of section) 182 c.y. $ 50.00 $ 9,100.00
5. Drainage Blanket(MIRAFI G100N) 6,530 s.f. $ 2.00 $ 13,060.00
(Bottom&Sides)
6. 12"Subdrain(AASHTO M-278) 60 I.f. $ 15.00 $ 900.00
7. 25-Lb.Rip Rap 32 ton $ 90.00 $ 2,880.00
SUBTOTAL $ 39,090.00
STORM DRAIN (Northeast)
1. 18"RCP 15 11. $ 108.00 $ 1,620.00
2. Catch Basin(Type C-1 Base) 2 each $ 3,000.00 $ 6,000.00
3. Type M Headwall 1 each $ 2,600.00 $ 2,600.00
4. Tie to Existing Storm Drain 1 each $ 1,500.00 $ 1,500.00
SUBTOTAL $ 11,720.00
BIORETENTION CELL (Southeast)
1. Mulch(25%of section) 246 c.y. $ 1.00 $ 246.00
2. Topsoil(25%of section) 246 c.y. $ 50.00 $ 12,300.00
3. Sand(50%of section) 492 c.y. $ 50.00 $ 24,600.00
4. Drainage Blanket(MIRAFI G100N) 13,130 s.f. $ 2.00 $ 26,260.00
(Bottom&Sides)
5. 15"Subdrain(AASHTO M-278) 96 IJ. $ 22.00 $ 2,112.00
6. 25-Lb. Rip Rap 32 ton $ 90.00 $ 2,880.00
SUBTOTAL $ 68,398.00
STORM DRAIN (Southeast)
1. 24"RCP 25 11. $ 144.00 $ 3,600.00
2. Catch Basin(Type C-1 Base) _.� each $ 3,000.00 $ 6,000.00
3. Type M Headw � ° each $ 2,600.00 $ 2;600.00
4. Tie to Existing Sti "`t Ir-''�f u � each $ 1,500.00 $ 1,500.00
nr,-�
piivfNF.uGE G09F.
f
SUBTOTAL $ 13,700.00
n. CT
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1440 Maria.!ane,Suite Z alnut Creek.CA 94596/Tel: (925)932-6868/Fax: (925)932-0910/www.dkconsultinginc.com
CONSULTING
IMPROVEMENT SUBTOTAL $ 132,908.00
CONTINGENCY (10%) $ 13,290.80
TOTAL BOND AMOUNT $ 146,200.00
COUNTY FEES
1. Engineering Inspection($8000 plus 4.5%over$100,000) $ 10,079.00
FEE TOTAL $ 10,079.00
TOTAL BOND&FEES $ 156,279.00
`-60
v 0S
Pa�2of2 bio cell
1440 Maria lane;Suite 200,Walnut Creek,CA 94596/Tel: (925)932-68681 Fax: (925)932-0910/www.dkconsultinginc.com
$ COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER /
MARTINEZ, CALIFORNIA
TO THE TREASURER: t.
RECEIVED FROM 1
Public Works ORGANIZATION NUMBER 650
(urganization)
(For Cash Collection Procedures See County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT
Sales Tax 100300 0637 21.59
Sale of Prints 004530 9931 REV 16AO026 90.75
LP05-02069 BA 003520 9660 5B0029 249.69
000651 6LO74A 235.36
TP06-00028 BA 32911 003520 15BO51X 28.27
DP06-03022 BA 32217 15BO39C 113.06
DP06-03002 BA 31728 868.28
000651 6LO39C 251.30
LP04-02012 BA 26409 003520 5B0029 429.80
1 000651 6L0029 545.20
SU05-00028. BA 31553 003520 5B027A 108.40
SD06-09083 BA 31776 5B0040 648.20
000651 6L0040 . 328.80
SD04-08839 BA 26905 003520 15B0033 157.50
000651 6L0077 1,604.59
SD03-08738 BA 24219 IF 469.52
TOTAL $
Acctng: G1203911-G1203945 DEPOSIT 183,393.35
Deposit consists of the following items
Eng Svcs: G1203635-G1203674 Void G1203669 COIN and CURRENCY $ 93.05'`
Records: G1201940-G1201950 & G1219351 CHECKS, M.O.,ETC. $ 183,300.30"
Invoices: 912071, 912367,912380, 912461, 912229, 912352,950590,912359 BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
912437, BA'S 30801, 32911, 32217, 31728, 26409, 31553, 31776, 26905, 24219, DEPOSIT
PERMIT DP
32997,33049, 29272, 30719, 28083, 29554, 10142, NUMBER
DATE
912045 ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged.
deposit into the County Treasury
Signed: Date_/_/ i L
Signed:! Signed:
Title: EXT. ® Deputy County Auditor Deputy County Treasurer
D-34 Rev.(7-93)y1z jDf1���� r's,JC-Ir7 CD b, Srf lam+ M
�. COUNTY OF CONTRA,.COSTA
DEPOSIT PERMIT '
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ, CALIFORNIA
TO THE TREASURER:
RECEIVED FROM
e'
1
Public Works ORGANIZATION NUMBER 650
rganaa i rIr
(For Cash Collection Procedures See County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT
S
Sale of Prints 004530 9931 REV 6GO085 96.10
Sale of Plans & Specs 004500 6A0196 76.22
Corner Records 4044-4060 000651 9660 6LO88D 170.00
TP06-00030 BA 32997 003520 5B051X 874.25
SD06-09054 BA 33049 5B0033 656.24
I
000651 6L0033 279.35
6L0068 215.58
SD06-09055 6L0033 219.11
ZI 05-10726 BA 29272 003520 5BO60C 358.96
MS05-00035 BA 30719 000651 6L0034 827.07
DP04-03119 BA 28083 003520 15BO39A 6,597.52
GP04-00009 BA 28083 5BO19B 797.37
MS05-00020 BA 29554 5B0034 876.46
EL 06-21660 BA 10142 000651 6LO81 F 70.32
6LO82D 119.02
PB 06-25 Inv 912405 16LO85C 16.00
EXPLANATION: TOTAL $
DEPOSIT
C.C.: Deposit consists of the following items
COIN and CURRENCY $
CHECKS, M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER —.,
DATE L
ASSIGNED I
The amount of money described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged.
deposit into the County Treasury
Signed: Date_/_/_
Signed: Signed:
Title: EXT. ...De uty County Auditor Deputy County Treasurer
D-34 Rev.(7-93)
COUNTY OF CONTRA'COSTA
DEPOSIT PERMIT f
OFFICE OF COUNTY AUDITOR-CONTROLLER '
MARTINEZ, CALIFORNIA
TO THE TREASURER:
RECEIVED FROM
Public Works ORGANIZATION NUMBER 650
igar,iza,onl
(For Cash Collection Procedures See County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT
Inv 912229 Sidewalk Repair 000672 9755 REV 6R2705 2,137.61
Inv 912352 Sidewalk Repair 6R2267 1,062.86
Inv 950590 Ind Wood 6U5600 513.45
SR4BAD6-T75 IF 16X4409 16.00
MZ DA 87 007585 9140 1,510.30
MZ DA 72 007544 802.96
MZ DA 57 007538 1,041.70
MZ DA 47 007597 3,537.70
MZDA 40A 007565 53.97
WC DA 8 007602 2,712.34
WC DA 9 000120 346.50
WC DA 46 007578 2,070.90
WC DA 67 007539 857.38
WC DA 76 007542 620.00
WC DA 128 007537 605.19
Inv 912359 000672 9755 REV 16R2290 1,031.64
EXPLANATION: TOTAL $
DEPOSIT
C.C.: Deposit consists of the following items
COIN and CURRENCY S
CHECKS,M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT t
PERMIT DP �^
NUMBER
DATE
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged.
deposit into the County Treasury
Signed: 'Date_/_/_ _-
• hi.1
Signed: Signed:
Till..: EXT. Deputy County Auditor Deputy County Treasurer
D-34 Rev.(7-93)
COUNTY OF CONTRA COSTA 4" t
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR—CONTROLLER
MARTINEZ, CALIFORNIA
TO THE TREASURER: ,
RECEIVED FROM
Public Works ORGANIZATION NUMBER 650
rganiza n)
(For Cash Collection Procedures See County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT
Inv 912437, July/Aug Mtce 004660 9595 REV 6X2901 2,117.44
6X2903 7,453.88
6X2905 620.68
6X2907 4,152.30
6X2911 3,174.20
6X2924 24.44
6X2926 1,582.30
6X2928 223.32
6X2929 385.39
6X2935 4,837.13
6X2937 6,760.29
6X2942 1,406.80
Trust Fund 000649 96651 61,098.00
819800 '0800 f "5;959:001
000682 9531 24,266.00
9535 15,255.00
EXPLANATION: TOTAL $
DEPOSIT
C.C.: Deposit consists of the following items
COIN and CURRENCY $
CHECKS,M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT _
PERMIT PP i ?i.?�,./r!
NUMBER G
DATE
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby acknowledged.
deposit into the County Treasury
ss
Signed: •Date_/_%_
Signed: Signed:
Tit lo'. EXT. - Deputy County Auditor Deputy County Treasurer
D-34 Rev.(7-93)
r
o-•
Nr. COUNTY OF CONTRA COSTA ,
'— DEPOSIT PERMIT ,r
OFFICE.OF COUNTY AUDITOR-CONTROLLER ' .
MARTINEZ, CALIFORNIA
TO THE TREASURER:
RECEIVED FROM
Public Works ORGANIZATION NUMBER 650
ioan¢<ion�
(For Cash Collection Procedures See County Administrator's Bulletin 105.)
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT
DP88-03007 Ext Road Imp Agmt 000651 9660 REV 6LO76B 250.00
6L0075 205.70
6LO80A 652.00
5BO60C 1,034.10
RA 04-01162 Road Imp Agmt EXT 6LO76B 250.00
F� Landscape Ext 250.00
SD04-08779 Sub Agmt Ext/ late fee ♦ 400.00
Trust Fund 000682 9375 3,715.00
EXPLANATION: TOTAL $
DEPOSIT
C.C.: Deposit consists of the Following items
COIN and CURRENCY $
CHECKS, M.O., ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT
PERMIT DP
NUMBER
DATE 1 /'..• ..i.;
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is approved. Receipt of above amount is hereby acknowledged
deposit into the County Treasury
Sigried r - Datei-1-l_
Signed:' k-_ v.r ' - - Signed:
Title: "r EXT t DeDUty County.Auditor Deputy County Treasurer
D-34 Rev.(7-93)
819800-0800: G1203636, $1 .659.00, SD 04 8902, Cash Bond, Discovery
Builders, Inc., 4061 Port Chicago Hwy, Suite H, Concord, CA 94520
f—'> 819800-0800: G1203656, $1,500.00, DA05-00052 Danville Tassajara
Partners,LLC, 6121 Bollinger Canyon Rd, Suite 500, San Ramon, CA 94583
819800-0800: G1203665, $1,800.00, RA 1224, Cash Bond, Shapell Homes,
100 N. Milpitas Blvd., Milipitas, CA 95035
819800-0800: G1203667, $1,000.00, RA 1225, Cash Bond, Shapell Homes,
100 N. Milpitas Blvd., Milipitas, CA 95035
0649-9665 / 112300: G1203637, $500.00, RS 3143, Record of Survey
Review, Fitch & Assoc, 1320 Galaxy Way #101, Concord, CA 94520
0649-9665 / 112300: G1203638, $500.00, RS 3140, Record of Survey
Review, Bellecci & Assoc, 2290 Diamond Blvd #100, Concord, CA 94520
0649-9665 / 112300: G1203639, $500.00, RS 3142, Record of Survey
Review, Antioch Church of the Nazarrene, 330 Worrell Rd, Antioch, CA
94509
0649-9665 / 112300: G1203640, $500.00, RS 3141, Record of Survey
Review, Bud Simmons, 3859 Joan Ave., Concord, CA 94521
0649-9665 / 112300: G1203641, $500.00, RS 3144, Record of Survey
Review, M Eric Thompson, 118 Wood St., Apt 206, San Francisco, CA 94118
0649-9665 / 112300: G1203642, $500.00, R5 3139,' Record of . Survey
Review, Wm. Grisham, 1218 Bear Creek Rd., Mtz., CA 94553
0649-9665 / 112300: G1203655, $10,000.00, DP88-03007, Road Accept
Insp, The Stratford at Lafayette, LLC, 220 Royal Glen Dr., Walnut Creek,
CA 94595
EXECUTED IN DUPLICATE
Development: DA 05-00052 (x-ref SUB 99-08331)
Bond No: 08862524
Premium : $1,447.00
IMPROVEMENT SECURITY BOND
FOR DRAINAGE IMPROVEMENT AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code §§ 66499 - 66499.10)
1. RECITAL OF DRAINAGE IMPROVEMENT AGREEMENT: The Developer (Principal) has executed an
agreement with the County on Contra Costa, California to install and pay for drainage and other
improvements DA 05-00052 (x-ref SUB 99-08331) and to complete said work within the
time specified for completion in the Drainage Improvement Agreement, all in accordance with State and
local laws and rulings.
2. OBLIGATION: Danville Tassajara Parnters, LLC. , as Principal, and
Fidelity and Deposit Company of Maryland ,acorporation organized existing under the laws ofthe
State of Maryland and authorized to transact suretybusiness 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: One Hundred Forty-Four Thousand, Seven Hundred and 00/100 ($144.700.00 J
for the County of Contra Costa or any city assignee under the above County Road Improvement
Agreement, plus
B. Payment: Seventy-Three Thousand, One Hundred and 00/100 ($73,100.00 ) to secure the
claims to which reference is made in Title 15 §§ et seq. 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 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)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 therein rendered.
B. The condition of this obligation, as to Section 2.(B) above, is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors,subcontractors,laborers,material men and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Civil Code, for materials furnished, labor of
any kind or for amounts due under the Unemployment Insurance Act with respect to such work or
labor and that undersigned 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(conunencing with Section
3082 of Part 4 of Division 3) of the Civil Code of the State of California, so as to give a right of
action to them or their assigns in any suit brought upon this bond.
Should the work under the conditions of this bond be fully performed, then this obligation shall
become null and void; otherwise, it shall be and remain in full force and effect.
C. No alteration of said Drainage Improvement 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.
4. SIGNED AND SEALED:
The undersigned executed this document on_ _ October 5, 2006 (Date)
Danville Tassajara Fidelity and Deposit
PRINCIPAL: Partners, LLC SURETY: Company of Maryland
Address: 6121 Bollinger Canyon Road, Suite 500 Address: 801 N. Brand Blvd. , Penthouse Suite
City: San Ramon City: Glendale
By: See Attached Signature Block By:
Print Name: Print Name: Jeri Apodaca
Title: Title: Attorney in Fact
By: Attorney-in-Fact
Print Name:
Title:
G:\GngSvc\Lwry Lcong\Projecrs\DA0052 IP BioRctention UhDA 0052 Drainage Bond Agreenxnt.doe
Rev.June 17.1999
Bond No. 08862524
DA 05-00052 (x-ref 99-08331) Drainage Improvement Agreement
DANVILLE TASSAJARA PARTNERS, LLC,
a Delaware limited liability company
By: LENNAR HOMES OF CALIFORNIA, INC.,
a California corporation,
Its Managing Member
By:
Printed Name: Brian G. Olin
Its: Vice-President
ACKNOWLEDGEMENT
State of California
County of Orange
On October 5 2006 before me, J. Barragan,Notary Public
(here insert name and title of the officer)
personally appeared Jeri Apodaca
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 acknowledge to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or
the entity upon behalf of which the person(s)acted, executed the instrument.. J. BARRAGAN
Commission# 1635125
WITNESS my hand and official seal. _s Notary Public-California
Orange County
Signature My Comm.Expires Jan 5,201
(Seal)
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)
❑ 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/GE 1/06
FRP
CALIFORNIA ALL-PURPOSE ACKNOWLEGEMENT
State of California/ �/„ l
County of ]ia
On Nwg before me, RAA,— ,Notary Public,
personally appeared
>*rsonally known to me
i j proved to me on the basis of satisfactory
evidence
to be the person(s}whose name(o is/a;re
subscribed to the within instrument and
acknowledged to me that he/sfitefttrey
executed the same in hisAwMlmir authorized
capacity(tesj-and that by his/hen4heir
signature( on the instrument the person(&),
RUTH ELLEN B04op or the entity upon behalf of which the
COmmlaWon 0 1670361 persons)acted,executed the instrument.
Notary pubtk-Cantcxft
Contra Costo County — WITN SS y ha d nd official seal.
My Cam.t�Uee Moy 26,201
OPTIONAL
Though the information below is not required by law;it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies)Claimed by Signer
Signer's Name:
I Individual
I Corporate Officer—Titles): Top of thumb here
Partner- Limited General
I Attorney-in-Fact
D Trustee
❑ Guardian or Conservator
O Other:
Signer is Representing:
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a
corporation of the State of Maryland,by PAUL C. ROGERS, Vice President,and T. E. SMITH,Assistant Secretary, in
pursuance of authority granted by Article Vl,Section 2,of the By-Laws of said Company,w set forth on the reverse
side hereof and are hereby certified to be in full force and effect on the date hereof d s -i�nate,constitute and
appoint Jeri APODACA,of Irvine,California, its true and lawful age �'ac . ke,execute, seal and
deliver, for,and on its behalf as surety,and as its act and deed o
�'and the execution of
such bonds or undertakings in pursuance of these r o ! in L�pany,as fully and amply,to all
intents and purposes,as if they had been Y ac gularly elected officers of the Company at
its office in Baltimore,Md., int r pens els bI'attorney revokes that issued on behalf of Jeri
APODACA,datedPRO
7,
The said Assistant That the extract set forth on the reverse side hereof is a true copy of Article VI,
Section 2,of the By- C any,and is now in force.
IN WITNESS Whe said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 14th day of April,
A.D.2003.
ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND
�p 9fPps�
p
By:
T. E. Smith Assistant Secretary Paul C. Rogers Vice President
State of Maryland1 ss:
City of Baltimore f
On this 14th day of April, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, duly
commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the
FIDELITY'AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers
described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being
by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid,
and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of
the said Corporation.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
Sandra Lynn Mooney Notary Public
My Commission Expires: January 1,2004
POA-F 012-5025J
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations,
policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages,...and to affix the seal of the Company thereto."
CERTIFICATE
I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify
that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that
the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized
by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990. _
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company,
this 5th day of October 2006
Assisuint Secretary