HomeMy WebLinkAboutMINUTES - 02052008 - C.4 y cy
TO: BOARD OF SUPERVISORS Contra
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR Stu z
Costa
DATE: February 5, 2008 °°s' `Pv County
T'4 COUIZ�
SUBJECT: Approve the Road Improvement Agreement for Jones Road, Road Acceptance 06-01220 (cross-
reference Subdivision 05-08950), for project being developed by Avalon Bay Communities, Inc.,
Walnut Creek area. (District IV)
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION(S):
ADOPT Resolution No. 2008/ for Road Acceptance 06-01220 (cross-reference Subdivision 05-08950),
approving the Road Improvement Agreement, for project being developed by Avalon Bay Communities, Inc.,
Walnut Creek area. (District IV)
FISCAL IMPACT:
None.
BACKGROUND/REASON(S) FOR RECOMMENDATION(S):
The Road Improvement Agreement has been reviewed and processed by Public Works staff and meets all applicable
conditions of approval regarding road improvements.
CONSEQUENCES OF NEGATIVE ACTION:
The Road Improvement Agreement will not be approved.
Continued on Attachment: ✓ SIGNATURE: /�^'
COMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
PROVE OTHER
r
SIGNATURE (S):
ACTION OF BO ON r�.t,c�-�' m� •�-� APPROVED AS RECOMMENDED OTHER
vo,�E of suPE �soRS I hereby certify that this is a true and correct
✓ UNANIMOUS(ABSENT ) copy of an action taken and entered on the
AYES: NOES: minutes of the Board of Supervisors on the
ABSENT: ABSTAIN: date shown.
BB:vz
G:\EngSvc\BO\2008\02-05\BO-15 RA 06-1220.doc
Originator: Public Works(ES)
Contact T.Rie(313-2363) ATTESTED: + ha'G�'- r'-'
cc: Public Works- Construction
Current Planning,Community Development JOHN CULLEN, Clerk o the Board of
T—December 5,2009
Avalon Bay Communities,Inc. Supervisors and County Administrator
100 Bridgeport Avenue
Shelton,CT 06484
Attn:Mark Forlenza
Travelers Casualty and Insurance Company of America
300 Riverchase Galleria,#600
Birmingham AL 35244 By , Deputy
Attn:Mark W.Edwards,III
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on February 5, 2008 by the following vote:
AYES: Gioia, Uilkema, Piepho,
Bonilla, and Glover
NOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO. 2008/oO/
SUBJECT: Approving the Road Improvement Agreement for Jones Road,Road Acceptance 06-
01220 (cross-reference Subdivision 05-08950), for project being developed by
Avalon Bay Communities, Inc., Walnut Creek area. (District IV)
The following document was presented for Board approval for Jones Road,Road Acceptance
File 06-01220 (cross-reference Subdivision 05-08950) property located in the Walnut Creek area,
Supervisorial District IV.
A Road Improvement Agreement with Avalon Bay Communities, Inc., principal, whereby
said principal agrees to complete all improvements,as required in said road improvement agreement,
within two years from the date of said agreement. Improvements generally consist of Road
Improvements.
Said document was accompanied by security to guarantee the completion of road
improvements, as required by Title 9 of the County Ordinance Code, as follows:
I hereby certify that this is a true and correct copy of an action
taken and entered on the minutes of the Board of Supervisors
BB:vz on the date shown.
G:\EngSv6130\2008\02-05\130-15 RA 06-1220.doc
Originator: Public Works(ES)
Contact: T.Rie(313-2363) ATTESTED:
cc: Public Works- Construction
Current Planning,Community Development JOHN CULLEN, Clerk of the bard of Supervisors and
T—December 5,2009
Avalon Bay Communities,Inc. County Administrator
100 Bridgeport Avenue
Shelton,CT 06484
Attn:Mark Forlenza
Travelers Casualty and Insurance Company of America
300 Riverchase Galleria,#600 By ,Deputy
Bimiingham,AL 35244
Attn:Mark W.Edwards,III
RESOLUTION NO.2008/ ��
SUBJECT: Approving the Road Improvement Agreement for Jones Road,Road Acceptance 06-
01220 (cross-reference Subdivision 05-08950), for project being developed by
Avalon Bay Communities, Inc., Walnut Creek area. (District IV)
DATE: February 5, 2008
PAGE: 2
I. Cash Bond
Performance Amount: $4,800.00
Auditor's Deposit Permit No. DP 493197 Date: November 21, 2007
Submitted by: Avalon Bay Communities, Inc.
Taxpayer identification number: 20-5822925
II. Surety Bond
Bond Company: Travelers Casualty and Surety Company of America
Bond Number and Date: 105010985 November 01, 2007
Performance Amount: $473,200.00
Labor&Materials Amount: $239,000.00
Principal: Avalon Bay Communities, Inc.
NOW, THEREFORE, IT IS RESOLVED that said road improvement agreement is
APPROVED.
All deposit permits are on file with the Public Works Department.
RESOL UTION NO. 20081Pl-
11�� ROAD IMPROVEMENT AGREEMENT ��l1
Developer: ya k Uq s<hyhr ft`i f r1 G. Effective Date: `,7
i
Development: O6 12-Z a Completion Period: 2 years
Road: `O 5 p2 I-'PLEASANT HELL TRANSIT VILLAGE ASSOCIATES LLC
a Delaware limited liability company
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: By:PLEASANT HILL MANAGER,LLC.
A Delaware limited liability company
CONTRA COSTA COUNTY DEVELOPER Its Manager
Maurice M. Shiu,Public Works Director By:AvalonBay Communities,Inc.,
A Maryland corporation,
-36tr=7vlem�
1
B ( !`� �. (.�. \ R (signature)
y. (print name&title)
RECOMMENDED FOR APPROVAL Aneo f--
By: (signature)
Engineering ery ces ivi (p nt name&title) w A
FORM APPROVED: Victor I.Westman,County Counsel S e G tr ✓ 1 J
(NOTE: All signatures to be acknowledged. if Subdivider is incorporated,signatures must
conform with the designated representative grqups pursuant to Corporations Code 5313.)
1. PARTIES&DATE.Effective on the above date,the County of Contra Costa,California,hereinafter called"Cour "and the above-mentioned Developer,
mutually promise and agree as follows concerning this development:
2. IMPROVEMENTS. Developer agrees to install certain road improvements(both public and private),drainage improvements,signs,street lights,fire
hydrants,landscaping,and such other improvements(including appurtenant equipment)as required in the improvement plans for this development 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
pilings 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,pursuant to the County Ordinance Code,provide as security to the
County:
A. For Performance and Guarantee: $ Y, °D cash,plus additional security,in the amount of$ LOO O O
which together total one hundred percent(100%)of the estimated cost of the work Such additional security is presented in the form of-
Cash,
£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$ 1. 3 t L9 0 O-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 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-year from and after the Board of Supervisors accepts the work as complete in accordance with Article 964.6,"Acceptance,"
of the Ordinance Code. Developer agrees to correct,repair,or replace,at his expense,any defects in said work
,
City/County of �� C
Commonwealth of Virginia
The foregoing instrument w s ackn wledged before me this 204'day of
e kb o�y cv� .rcti u.�nxI ,
personally known to me—OR ❑ proved to me on the basis of satisfactory
evidence to be the persons)whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and
that by his/her/their signature(s) on the instrument
the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
-A� ��PD�
NOTARY SIGNATURE
L01�i, L • orewiler'
(`jU1 gl'YU`3; iY 10 4:P 32!0 218
My commission expires :Sb 1
ALL— PURPOSE ACKNOWLEDGEMENT
State of California
County of Santa Clara
On ) k I v'�7 I (;�— before me, Stacey M. Estrada, Notary Public--,
(DA' E) (NOTARY)
, '
personally appeared, IC 1p► I eVl r W
(SIGNERS)
❑ personally known to me - OR -X proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed
the same in his/her/their authorized
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s),
STACEY M.ES TR; or the entity u on behalf of which the
COMM.#1742690 m y p
Notary Public-California N person(s) acted executed the instrument.
r SANTA CLARA COUNTY
My Comm.Exp.Ma 25,2011
WITNESS my hand and official seal.
jQ,6/'n <?_�
NOTARY SIGNATURE
OPTIONAL INFORMATION
The information below is not required by law. However,it could prevent fraudulent attachment of this
acknowledgement to an unauthorized document.
CAPACITY CLAIMED BY SIGNER(PRINCIPAL) DESCRIPTION OF ATTACHED DOCUMENT
X INDIVIDUAL
❑ CORPORATE OFFICER
TITLE(S) TITLE OR TYPE OF DOCUMENT
❑PARTNER(S)
❑ATTORNEY-IN-FACT NUMBER OF PAGES
❑TRUSTEE(S)
❑GUARDIAN/CONSERVATOR
❑OTHER: DATE OF DOCUMENT
OTHER
SIGNER IS REPRESENTING:
NAME OF PERSON(S)OR ENTITY(IES) RIGHT THUMBPRINT
OF
SIGNER
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER --.
MARTINEZ, CALIFORNIA
TO THE TREASURER: l
RECEIVED FROM
Public Works ORGANIZATION NUMBER G50
g31,123110n)
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT
Sales Tax 100300 0637 31.33
Sale of Prints 004530 9931 REV 6G0085 159.20
Sale of Prints 6AO026 236.85
Premium Billing 000651 9105 6LO85C 2,624.00
MS 05-00038 Base Map Fee 001600 19440, 50.00
Hydrology Consult 007505 9895 REV Fga75 690.00
Corner Records 000651 9660 6LO88D 10.00
FS 04 00012 BA 27526 6L83PV 285.46
FS 07 00086 BA 34509 285.46
FS 07 00083 BA 34272 570.93
EF 06 00605 BA 31984 GLO83A 201.60
EF 03 00608 BA 24127 337.25
EF 99 00640 BA 15919 1 F 5,411.06
LP 07 02059 BA 35622 GL027B 1,763.76
LP 07 02031 BA 35101 6L0029 542.01
FS 06 00063 BA 31947 6L83PV 2,174.95
Explanation: TOTAL $
Acctng: G1232788-G1232841 DEPOSIT 178,192.41
Deposit consists of the following items
Eng Svcs: G1232452-G1232460 COIN and CURRENCY $ 53.93
Records: G1231685-G1231690 CHECKS,M.O., ETC. $ 178,138.48
Invoices: 912090, 913100,913177,913174,913168,913099,913176,913103,913169 BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
913128,913116,913127,913042,912995, 913105, 913083, 913074,913075,913082, DEPOSIT -7
913107,913110,913113,913076,913059, BA'S 27526,34509,34272,31984,24127 PERMIT DP 1
15919,35622,35101,31947,30997,34611,35445,35438,35414,35359,35118, 34431 NUMBER
3221,31988,29275,35460,32830,34617,26768,3481030410,34316,34866,35523, DATE
ASSIGNED
The amount of money described above is for Treasurer's receipt of above amount is Receipt of above amount is hereby adknowledged.
deposit into the County Treasury
Signed: Date_/ /_ 1 f
Out)
Signed; Signed:
Title: Acct. Clk.Adv EXT. 3-2344 Depuk County Auditor Deputy County Treasurer
v (7-93)
COUNTY OF CONTRA COSTA
DEPOSIT PERMIT
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ, CALIFORNIA
TO THE TREASURER: v
RECEIVED FROM
Public Works ORGANIZATION NUMBER 660
(urganiz
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT
EF 05 00625 BA 30997 000651 9660 REV 6L72RP 1,500.00
LP 07 02018 BA 34611 003520 5B0029 1,669.04
VR 07 01059 BA 35445 5B044X 554.08
DP 07 03057 BA 35438 5B0014 793.88
TP 07 00039 BA 35414 5BO51X 600.68
SU 07 00019 BA 35359 513027A 520.18
TP 07 00029 BA 35118 5BO51 X 154.12
SU 07 00003 BA 34431 5B027A 200.00
DP 06 03022 BA 32217 5B039C 2,188.00
j 5B0015 1,677.08
ZI 06 11246 BA 31988 5B060C 260.21
MS 05 00012 BA 29275 ! 5B0034 800.00
ZI 07 11930 BA 35460 5BO60H 376.40
LP 06 02041 BA 32830 5B049X 69.56
ZI 07 00767 BA 34617 5B060C 472.78
000651 6L0033 3,180.67
Explanation: TOTAL $
BA'S 29955, 33709,30995,16863,33366,32942,29417, DEPOSIT
Deposit consists of the following items
COIN and CURRENCY $
CHECKS,M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT r ..--.
PERMIT DP 3l
NUMBER , J ,
DATE On1
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_/ /
SignedASigned:_ .
Title: Acct. Clk. Adv EXT. 3-2344 Deputy County Auditor] Deputy County Treasurer
D-34 Rev. (7-93) k
COUNTY OF CONTRA COSTA 4
' DEPOSIT PERMIT
s ..
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ, CALIFORNIA
TO THE TREASURER:
RECEIVED FROM
Public Works ORGANIZATION NUMBER 650
(urganizanon)
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT
DP 07 03028 BA 34810 000651 9660 REV 6LO39A 510.43
003520 5B047D 2,524.38
LP 05 02054 BA 30410 15B0029 24.59
1 000,651 6L0029 62.25
Utilities Inv 913105 6LO82E 318.59
Utilities Inv 913083 356.47
Utilities Inv 913074 2,553.79
Utilities Inv 913075 2,662.30
Utilities Inv 913082 IF V V 3,948.12
UPS Reimb 004505 2103 SAS 905SAS 29.74
LP 07 02004 BA 34316 003520 9660 REV 5B047E 818.60
LP 07 02024 BA 34866 580026 94.18
DP 07 03064 BA 35523 15BO39C 1,560.85
000651 6L0015 2,681.23
FS 05 00038 BA 29955 6L83PV 87040.60
ED 06 00406 BA 33709 1 F 6LO84B 126.98
Explanation: TOTAL $
DEPOSIT
Deposit consists of the following items
COIN and CURRENCY $
CHECKS, M.O.,ETC. $
BANK DEPOSITS $
FOR AUDITOR-CONTROLLER USE ONLY
DEPOSIT ?�'/)
PERMIT DID J ` '
NUMBER jt q
DATE + t / d / / C
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
` r
Signed: -Date_/ / /f/«✓'
r�"_ (JJ
Signed:4-:41 0-J" .Signed:
Title: Acct. Clk. Adv EXT. 3-2344 Depu count��r Deputy,ounty Treasurer
D-34 Rev. (7-93)
�f COUNTY OF CONTRA COSTA
DEPOSIT PERMIT 0
OFFICE OF COUNTY AUDITOR-CONTROLLER
MARTINEZ, CALIFORNIA
TO THE TREASURER: ` 1
RECEIVED FROM
Public Works ORGANIZATION NUMBER 650
(urganizallon)
DESCRIPTION FUND/ORG SUB TASK OPTION ACTIVITY AMOUNT
ACCT
EF 05 00627 BA 30995 000651 9660 REV 6L083A 7,206.07
EF 98 00629 BA 16863 6LO83B 954.49
EF 06 00618 BA 33366 6LO83A 1,306.99
Inv 913107 6LO82E 1,693.82
Inv 913110 1,386.88
{
Inv 913113 4,375.62
t
Inv 913076 1,363.77
Inv 913059 1,592.04
Inv 913059 19,523.15
ZI 06 11447 BA 32942 003520 5BO60C 419.89
FS 05 00033 BA 29417 000651 61_83CR 77.53
Trust Fund 000649 9665 5,250.00
819800 0800 72,600.00
IF 000682 9752 3,738.52
Explanation: TOTAL $
DEPOSIT
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
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-/-/
—
Signed: JL/ fined: 61,
t
Title: Acct. Clk. Adv EXT. 3-2344 Dejjty county Au5tor De puty County Treasurer
D-34 Rev.(7-93)
0649-9665 / 112300: G1232452, $1,100.00, LAFCO 07-26, Map & Legal Description
Review, Soldier Field Partners,LLC, 1085 Maguerite Ct., Lafayette, CA 94549
0649-9665 / 112300: G1232453, $1,500.00, MS 06-0026, Improvement Plan Check
Matthew A. & Cynthia Thompson, 3312 Deer Hollow Dr., Danville, CA 94501
0649-9665 / 112300: G1232457, $2,600.00, SD 05-8940, Map Check Fee, Irwin I. &
Betty D, Ku, 2470 Holly Oak Dr., Danville, CA 94506
819800-0800: G1232454, $33,900.00, MS 05 00038, Cash Bond, Wells Fargo Bank/
North Berkeley Office, 1800 Solano Ave., Berkeley, CA 94707
819800-0800: G1232455, $33,900.00, MS 05 00038, Cash Bond, Wachovia
819800-0800: G1232456, $4,800.00, RA 06-01220, Cash Bond, Avalon Bay
Communities, Inc. 2900Eisenhower Dr, Alexandria, VA 22314
0682-9752: G1232460, $3,738.52, Bus Shelter Program: July, Aug. & Sept 07, CBS
Outdoor aka Viacom Outdoor, 185 US Hwy 46, Fairfield NJ 07004
Bond No.: 105010985
Development: RA-06-1220
IMPROVEMENT SECURITY BOND
FOR ROAD IMPROVEMENT AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code §§ 66499 - 66499.10)
1. RECITAL OF ROAD IMPROVEMENT AGREEMENT: The Developer (Principal) has executed an agreement
(Road Improvement Agreement) with the County to install and pay for street, drainage and other
improvements on, or along Pleasant Hill Backbone Infrastructure to complete said work within the time specified
for completion in the Road Improvement Agreement,all in accordance with State and local laws and rulings.
2. OBLIGATION: AvalonBav Communities.Inc. ,as Principal and
Travelers casualty and surety company of Lffleaicaorporation organized under the laws of the State of CT ,
and authorized to transact surety business in California,as Surety,hereby jointly and severally bind ourselves,
our heirs,executors,administrators,successors and assigns to the County of Contra Costa,California to pay
as follows:
A. Performance: Four Hundred Seventy-Three Thousand Two Hundred Dollars and 00/100
Dollars($ 473,200.00 )for itself or any city assignee under the above County
Road Improvement Agreement,plus
B. Payment: Two Hundred Thirty-Nine Thousand and 00/100
Dollars ($239 000.00 )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 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 (2.13.) 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 said 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(commencing 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 Road Improvement Agreement or any plan or specification ofsaid work agreed
to by the Principal and the County shall relieve the Surety from liability on this bond and consent is
hereby given to make such alteration without further notice to or consent by the Surety and the
Surety hereby waives the provisions of California Civil Code Section 2819 and holds itself bound
without regard to and independently of any action against Principal whenever taken.
4. SIGNED AND SEALED:
The undersigned executed this document on November 1,2007
PRINCIPA v nBay Communities,Inc. SURETY' Travelers Casualty and Insurance Company of America
Address--,
ddress (J IOni'LA- Address: 3000 Riverchase Galleria.#600
City: City: i m' h m AL 35244
Print Name- By.
Title: -el Print Name: Mark W. Edwards,ll
By: 114 L/
-T Title: Attorney-in-Fact
Print Na e: Joanne- M• Lcx-k-r toe
Title: ✓ u
:mw
GAGrPData\En&Svc\Forms\BN WORD\BN-9.doc -
Rev.January 26.2005
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of Alabama OPTIONAL SECTION
County of Jefferson CAPACITY CLAIMED BY SIGNER
On 11/1/07 before me, Donna Jane Austin 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 Mark W. Edwards, II persons relying on the document.
NAME(S)OF SIGNER(S) D INDIVIDUAL
fX personally known to me-OR-0 proved to me on the basis of satisfactory evidence to D CORPORATE OFFICERS)
be the person(s)whose name(s)isiare TITLE(S)
subscribed to the within instrument and
acknowledged to me that he/she/they executed ❑ PARTNER(S) 0 LIMITED
the same in his/her/their authorized 0 GENERAL
capacity(ies),and that by his/her/their
signature(s)on the instrument the person(s)or I ATTORNEY-IN-FACT
the entity upon behalf of which the person(s) ❑ TRUSTEE(S)
acted,executed the instrument. ❑ GUARDIAN/CONSERVATOR
0 OTHER:
WITNESS m hand andoffic l sea 0xi
SIGNER IS REPRESENTING:
C%A11 1311,1
(NAME OF PERSON(S)OR ENTITY(LES)
5 GNA •OF NO'i'A Y
Travelers Casualty and Surety Company of America
MY CONMM *N E
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document Improvement Security Bond
TO THE DOCUMENT AT RIGHT. Number of Pages 3 plus acknowledgements
Though the data below is not required by law,it may prove valuable Date of Document 11/1/07
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The
name must be signed exactly as it is typed or printed.
II. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have
the authority to sign for and bind the partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should e signed by two officers,one from each of the following two groups:
GROUP 1. (a)The Chair of the Board
b The President
c Any Vice-President
GROUP 2. alThe Secretary
dAn Assistant Secretary
The Chief Financial Officer
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:
11 ..and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
1C:Mw
UPWS41StiARDATAIGrpData\EngSvc\Forma\WORD FORMS\ALL PURPOSE NOTARY.doc
Rev..August-1,2001
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of Oft 4�hCAAf- OPTIONAL SECTION
County of Flw r rlr-lnl n_ CAPACITY CLAIMED BY SIGNER
On 11/1/07 before me, �]/1YLLt1 . SYY►1 1.�bkC1rl�C Though statute does not require the Notary to till in
DATE NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC" the data below,doing so may prove invaluable to
persons relying on the document.
personally appeared_�� ott'�,G,tt•►�Q __
—r— NA S FSIGNER(S) ❑ INDIVIDUAL
IR personally known to me-OR-IJ proved to me on the basis of satisfactory evidence to IRCTPORAT OFFICER S
be the person(s)whose name(s)is/are V I C le r�SN�f C%+.
subscribed to the within instrument and TIT)
acknowledged to me that he/she/they executed ❑ PARTNER(S) ❑ LIMITED
the same in his/her/their authorized ❑ GENERAL
capacity(ies),and that by his/her/their C ATTORNEY-IN-FACT
signature(s)on the instrument the person(s)or
the entity upon behalf of which the person(s) ❑ TRUSTEE(S)
acted,executed the instrument. 0 GUARDIAN/CONSERVATOR
❑ OTI{ER:
ITNESS my hand offs ial seal, SIGNER IS REPRESENTING
(NAME OF PERSON(S)OR ENTITY(IES))
AvalonBay Communities, Inc.
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document Improvement Security Bond
TO THE DOCUMENT AT RIGHT. Number of Pages 3 plus 3 acknowledgements
Though the data below is not required by law,it may prove valuable Date of Document 11/1/07
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
re-attachment of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County.
I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The
name must be signed exactly as it is typed or printed.
II. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have
the authority to sign for and bind the partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should a signed y two officers,one from each of the following two groups:
GROUP 1. �c)
a)The Chair of the Board
b The President
Any Vice-President
GROUP 2. al
The Secretary
b An Assistant Secretary
c The Chief Financial Officer
d The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the
Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently
valid power of attorney,notarized,will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
"...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
JC:mw
\TWS4\StIARDATA\GrpData\FsgSvc\Forms\WORD FORMS\ALL PURPOSE NOTARY doc
Rev.August t,2001
/f CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State ofL k OPTIONAL SECTION
County of r I V CIA CAPACITY CLAIMED BY SIGNER
On 11/1/07 before me, l arIMJ11,h J. J B" If— Though statute does not require the Notary to fill in
DATE NAME,TITLE OF OFFICER E.G.,-JAPQE DOE,NOTARFY PUBLIC" the data below,doing so may prove invaluable to
personally appeared
SQanne &A.
I persons relying on the document.
NAME(S)OFSIGNE (S) ❑ INDIVIDUAL
1 personally known to me-OR-0 proved to me on the basis of satisfactory evidence to RPORATE OFFIC�_2t(S)
be the person(s)whose name(s)is/are SZ IS*QUI+ heQm"
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
capacity(ies),and that by his/her/their ❑ GENERAL
signature(s)on the instrument the person(s)or 0 ATTORNEY-IN-FACT
the entity upon behalf of which the person(s) ❑ TRUSTEE(S)
acted,executed the instrument. ❑ GUARDIAN/CONSERVATOR
❑ OT14ER:
cy,
ITNESS my ha fficial seal, SIGNER IS REPRESENTING;
_ � (NAME OF PER OR ENTITY(IES))
-_4`-C. %Sl Ant•-p;? u
!,T;:f1 iC! AvalonBay Communities, Inc.
My E`YIP& ` "10
OPTIONAL SECTION
THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document Improvement Security Bond
TO THE DOCUMENT AT RIGHT. Number of Pages 3 plus 3 acknowledgements
Though the data below is not required by law,it may prove valuable Date of Document 1111/07
to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above
rc-attachment of this form
INSTRUCTIONS TO NOTARY
The following information is provided in an effort to expedite processing of the documents.
Signatures required on documents must comply with the following to be acceptable to Contra Costa County,
I. FOR ALL SIGNATURES - The name and interest of the signer should be typed or printed BENEATH the signature. The
name must be signed exactly as it is typed or printed.
II. SIGNATURES FOR INDIVIDUALS -The name must be signed exactly as it is printed or typed. The signer's interest in the
property must be stated.
III. SIGNATURES FOR PARTNERSHIPS - Signing party must be either a general partner or be authorized in writing to have
the authority to sign for and bind the partnership.
IV. SIGNATURES FOR CORPORATIONS
Documents should be signed by two officers,one from each of the following two groups:
GROUP 1. (a)The Chair of the Board
b The President
c Any Vice-President
GROUP 2. aThe Secretary
b An Assistant Secretary
c The Chief Financial Officer
d The Assistant Treasurer
If signatures of officers from each of the above two groups do not appear on the instrument, a certified copy of a resolution of the
Board of Directors authorizing the person signing the instrument to execute instruments of the type in question is required.A currently
valid power of attorney,notarized,will suffice.
Notarization of only one corporate signature or signatures from only one group,must contain the following phrase:
11 ..and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of
Directors."
JC:mw
\TWS4\,Sr1ARDATA1GrpDataTE gSvc\Forms\WORD FORMSIAI.L PURPOSE NOTARY.doc
Rev..Augut7,2001 ,
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
TRAVELERS POWER OF ATTORNEY
Farmington Casualty Company St.Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
Attorney-In Fact No. 218588 Certificate No.0 017 41 0 8 J
KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,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,that Farmington Casualty Company,Travelers Casualty and Surety Company,and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut,that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland,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 collectively called the"Companies"),and that
the Companies do hereby make,constitute and appoint
Mark W.Edwards,11,Ronald B.Giadrosich,Jeffrey M.Wilson,William M.Smith,and Evondia H.Woessner
of the City of Birmingham ,State of Alabama ,their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above,to sign,execute,seal and acknowledge any and all bonds,recognizances,conditional undertakings and
other writings obligatory 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 permitted in any actions or proceedings allowed by law.
27th
IN WITNESS W ,
REOF,the Compat}� }tave caused this instrument to be signed and their corporate seals to be hereto affixed,this
day of
April /
Farmington Casualty Company St.Paul Guardian Insurance Company
Fidelity and Guaranty Insurance Company St.Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company
Seaboard Surety Company Travelers Casualty and Surety Company of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
G�SU,,� TY SlWE7y Ft0.E 6 \0.N QRS(/ �INSUq p�TY 4Na "un+� TY
���777�i�'' r ORP°Rq�• Q; PRR4 ° F• (!!
�" 6 � ,�4 NCdtPORAiED $ _ � ... e;'l`, _r'•.m�
Z t 9 s z o 1977 192? � �� Im i'� F i g a MA(iTFORD, (tuarFoxA rt 'aim
.y q�_lS'e ✓ � 1951 � N N� �'SEALfo" '• `O ca+N. � t�` wtR+• IP � 7896
� � y
�Ov ♦„;5 M"c 1s ANNA tr. -•�?� a �+ � ��ANt�
State of Connecticut By:
City of Hertford 88. Georg 6Thompson, nior tce President
27th April 2007
On this the day of before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance Underwriters,
Inc.,Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,Travelers
Casualty and Surety Company,Travelers Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being
authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
G•T�
In Witness Whereof,I hereunto set my hand and official seal.
My Commission expires the 30th day of June,2011. pIIBL�G * Marie C.Tetreault,Notary Public
58440-8-06 Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company,Fidelity
and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company,
St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company of
America,and United States Fidelity and Guaranty Company,which resolutions are now in full force and effect,reading as follows:
RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President, any Vice President,any Second Vice
President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the
Company's seal bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any
of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is
FURTHER RESOLVED,that the Chairman,the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy
thereof is filed in the office of the Secretary;and it is
FURTHER RESOLVED,that any bond,recognizance,contract of indemnity,or writing obligatory in the nature of a bond,recognizance,or conditional undertaking
shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice
President,any S*nd Vice President,the Treasurer,any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the
Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power
prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is
FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,
any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any
certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds
and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such facsimile signature or facsimile seal 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 on the
Company in the future with respect to any bond or understanding to which it is attached.
I,Kori M.Johanson,the undersigned,Assistant Secretary,of Farmington Casualty Company,Fidelity and Guaranty Insurance Company,Fidelity and Guaranty Insurance
Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance
Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Company,of America,and United States Fidelity and Guaranty Company do hereby
certify that the above and foregoing is a true and correct copy of the Power of Attorney lrx&uted by said Companies,which is in full force and effect and has not been
revoked.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 1 S t day of November ,20 0 7.
Kori M.Johans Assistant Secretary.
(I.SU.��• A� SIIRrIy yftRE 6y �RM..�NSG a.�.:NSyq J�l(�AND �p WRQ,
O 6 tl Ry.Dp�,� * � 9 �ORPO •9'�.yy 4JJ •,,q�'(,'f
�'�' �C1 •^^��M1RtI� n �/CO RATf:C1
(J,,
r PORAT`.Poe f �` °SBSL; > e� ��.✓r .Y
>1�........•'�a Ldl • 'N,Ee �RT�
To verify the authenticity of this Power of Attorney,call 1-800-421-3880 or contact us at www.stpaultravelersbond.com.Please refer to the Attorney-In-Fact number,
the above-named individuals and the details of the bond to which the power is attached.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER